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11/19/2001 - 47250 � � o�� FRIDLEY CZTY COONCIL MEETING ATTENDENCE SHEET Mand�.y, Navembelc 19, 2001 � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER :. � � � �� .. �, �"� ��" - - �� , � �'_".._ � � �.S � � �� i � L�� ` V � ; / J/ r l�� / � �� l�'�� /�, � �' / � � �_ - , . . � , , > , , �_.�� /��i� - �'r� L7_/,� '�": % �/T - c '��"' �� l /�//, � � � C� `�' � r �L' � ;� t� �.% �:� 1 �` ii��'c L`' c. :3 � � CITY COUNCIL MEETING OF NOVEMBER 19, 2001 CRY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission ar access to; or treatment, or employment in its services, programs, or activities because of race, color, creed, religi�n, ` national origin, sex, disability, age, marital status, sexual orientation or status with regazd to pu�ic assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3�00 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 5, 2001 OLD BUSINESS: 1. Second Reading of an Ordinance Amending the City Code of the City of Fridley, Minnesota, to Repeal Chapter 113, Entitled "Solid Waste Disposal and Recycling Collection" and Adopt a New Chapter 113, Entitled "Solid Waste Dis osal and Rec clin Collection 1— 10 � p Y 9 ° ............................................................... FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: . . �, NEW BUSINESS: 2. Resolution Approving Recycling Service Fees ............................................. 11 - 12 3. Special Use Permit Request, SP #01-12, by . Troy Findell, for a Secondary Accessory Structure (Garage), Generally Located at 1340 — 69th Avenue N.E. (Ward 2) ................................................................ 13 - 16 � 4. First Reading of an Ordinance Amending Chapter 506 of the Fridley City Code Pertaining to Unattended Vehicles ................................................................................. 17 - 18 5. Resolution Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Edgewater Gardens Neighborhood Street Improvement Project No. ST. 2002 — 1 ...............................................:......... 19 - 21 � 6. Receive Petition Rec�uesting Additional "No ' � Parking" Signs at 65t Avenue and TH65 West Service Drive - ....................................................................................... 22 � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley Lions Club (Joe DiMaggio's) ............................................................. 26 - 27 8. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley VFW, Post 363 ............................................................................. 28 - 29 9. Resolution of Support for the Northstar Commuter RailProject ................................................................................................... 30 - 31 10. Claims ........................................................................................................... 32 11. Licenses ....................................................................................................... 33 - 35 12. Estimates ...................................................................................................... 36 - 43 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 4 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARINGS: 13. Consideration of License Revocation for Spikers Grille & Beachclub ................................................................................. 44 14. Consideration of an Unsafe Building at 5800 Tennison Drive N.E. (Ward 2) (Tabled August13, 2001) ................................................................................................ 45 - 48 NEW BUSINESS: 15. Resolution Ordering the Removal or Repair of a Hazardous Building, Pursuant to Minnesota Statutes, Section 463, Located Within the City of Fridley, Minnesota (5800 Tennison Drive N.E.) (Ward 2) ....................................................................................................... 49 - 52 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 5 NEW BUSINESS (CONTINUED): 16. Resolution Providing for Water Rate Change .................................................... 53 - 54 17. Resolution Providing for Sewer Rate Increases ................................................. 55 - 56 18. Resolution Providing for a Storm Water Drainage Rate Change ...................................................................................... 57 - 58 19. Informal Status Reports ..................................................................................... 59 ADJOURN. .. '�,.('j �. � ,� �� _S , _ � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 QiY OF FR�LEY T'he City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. ��c� 5 � a �, �sv �r�.s �� .s. ��y APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: �� `^� _ �. City Council Meeting of November 5, 2001 OLD BUSINESS: Second Reading of an Ordinance Amending the City Code of the City of Fridley, Minnesota, to Repeal Chapter 113, Entitled "Solid Waste Disposal and Recycling Collection" and Adopt a New Chapter 113, Entitled "Solid Waste Disposal and Recycling Co!le�tion" ..................................... 1 — '! 0 � �� I NEW BUSINESS: 2. Resolution Approving Recycling Service Fees............................................. 11 - 12 �/- 2ao � 3. Special Use Permit Request, SP #01-12, by Troy Findell, for a Secondary Accessory Structure �Garage), Generally Located at 1340 — 69 h Avenue N.E. (Ward 2) 13 - 16 APPROVAL OF PROPOSED CONSENT AGENDA; NEW BUSINESS (CONTINUED): 4. First Reading of an Ordinance Amending Chapter 506 of the Fridley City Code Pertaining to Unattended Vehicles .......:....... 17 - 18 5. Resolution Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Edgewater Gardens Neighborhood Street Improvement Project No. ST. 2002-1 ...................................... 19-21 (�2- Zo0 J 6. Receive Petition Rec�uesting Additional "No Parking" Signs at 65 Avenue and TH65 West Service Drive ...:.................. 22 - 25 7. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley Lions Club (Jo DiMaggio's) ................................. 26 - 27 lv3- Zool 8. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley VFW, Post 363 ........... 28 - 29 � �, Zoo / � ' FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Resolution of Support for the Northstar Commuter Rail Project .................................. 30 - 31 �,S-Z00 / 10. Claims 11. Licenses 12. Estimates 32 33 - 35 36 - 43 ADOPTION OF AGENDA,��l '��sJ�� 1 �u� � � �� - � �3 .�,��- _ �- �� OPEN F� ��ISITORS: Consideration of items not on Agenda —15 minutes. PUBLIC HEARINGS: Consideration of License Revocation for Spikers Grille & Beachclub ................ 44 ;� �. . � PAGE 2 PUBLIC HEARINGS (CONTINUED): 14. Consideration of an Unsafe Building at 5800 Tennison Drive N.E. (Ward 2) (Tabled August 13, 2001) .....................�� 5- 48 '�,� � C�s�� ►�u�' �.`•f �� V'-'l � � NEW BUSINESS: 15. Resolution Ordering the Removal or Repair of a Hazardous Building, Pursuant to Minnesota Statutes, Section 463, Located Within the City of Fridley, Minnesota (5800 Tennison Drive N.E.) (Ward 2) ...... 49 - 52 ............................. , �2� �,..�. �-s p . �I ��:�� (p�—ZDDI 16. Resolution Providing for Water Rate Change.................................. 53 - 54 R�� c�� 7-Zoo � 17. Resolution Providing for Sewer Rate Increases .................................. 55 - 56 � �� S� !v ��LaD / 18. Resolution Providing for a Storm Water Drainage Rate Change ...................... 57 - 58 �� .� (r� � - 2Da / 19. Informal Status Reports ..................... 59 ADJOURN. � �� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 5 . 2001 The Regular Meeting 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 Bolkcom, Councilmember Billings, Councilmember Wolfe. MEMBERS ABSENT: None. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Billings to approve the Proposed Consent Agenda as presented. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of October 22, 2001. APPROVED. OLD BUSINESS: 1. RECEIVE THE MINUTES FROM THE PLANNING COMMISSION MEETING OF OCTOBER 17, 2001: RECEIVED. 2. SPECIAL USE PERMIT REQUEST, SP #01-10, BY NORTH AIR HOME ASSOCIATION/KNIGHTS OF COLUMBUS, TO PARK LARGE TRUCKS BEHIND THE BUILDING, GENERALLY LOCATED AT 6831 HIGHWAY 65 N.E. (WARD 2): Mr. Burns, City Manager, stated that this would allow trailers to park in the rear portion of the property. Staff recommended approval subject to four stipulations. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 2 APPROVED SPECIAL USE PERMIT REQUEST, SP #01-10 WITH THE FOLLOWING FOUR STIPULATIONS: 1. THE NUMBER OF TRAILERS SHALL NOT, AT ANY TIME, EXCEED THREE (3); 2. THE TRAILER SIZE SHALL NOT EXCEED MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARDS FOR ENCLOSED TRAILERS; 3. THE TRAILERS SHALL BE ENCLOSED-TYPE ALLOWING CONTENTS TO BE SCREENED ON SITE AND FROM ADJACENT PROPERTIES; AND 4. THE TRAILERS SHALL BE STORED ON SITE A 1�IAXIMUM OF SEVENTY-FIVE DAYS (7�) PER YEAR. 3. SPECIAL USE PERMIT REQUEST, SP #01-11, BY STANLEY CUYPRYNA, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE �GARAGE), GENERALLY LOCATED AT 128 HARTMAN CIRCLE N.E. (WARD 3): Mr. Burns, City Manager, stated that is a request to construct a 676 square foot accessory building at 128 Hartman Circle. Staff recommended concurrence with the Planning Commission recommendation to approve subject to six stipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #01-11, WITH THE FOLLOWING SIX STIPULATIONS: 1. PETITIONER SHALL INSTALL CODE REQUIRED HARD SURFACE DRIVEWAY WITHIN 12 MONTHS OF ISSUANCE OF THE BUILDING PERMIT; 2. PETITIONER SHALL OBTAIN ALL NECESSARY BUILDING PERMITS PRIOR TO CONSTRUCTION; 3. THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; 4. ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY; 5, TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT EXCEED 1,400 SQUARE FEET; AND 6. GARAGE SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME. 4. RESOLUTION NO. 59-2001 ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT: Mr. Burns, City Manager, stated that Metropolitan Council asked if we could renew the City's commitment to provide affordable housing. T'he Metropolitan Council provides to each community an Affordable and Life-Cycle Housing Opportunities Amount (ALHOA). The ALHOA is the minimum amount of local discretionary expenditures to assist with the development or preservation of affordable and life cycle housing. Fridley's 2002 ALHOA figure is $96. There are pragmatic reasons for continuing such as the Livable Communities Act grant, which is looking for money to clean up polluted sites. Staff recommended Council's approvaL ADOPTED RESOLUTION NO. 59-2001. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 3 5. MOTION TO APPROVE SNOW REMOVAL OPERATIONS POLICIES AND PROCEDURES FOR THE CITY OF FRIDLEY FOR 2001 THROUGH 2O02: Mr. Burns, City Manager, stated that the Street Supervisor has direct responsibility for these operations. Snow removal begins when it stops snowing, except when there aze heavy accumulations. In such cases, collector streets will e plowed as soon as the accumulation creates hazardous driving. Snow removal, sanding, and salting crews are alerted to hazardous driving conditions as is the Police Department. The crews complete the collector streets first in about 4 to 6 hours. They then concentrate on ten plowing districts, plowing local streets, starting at different corners in each plowing district. All streets are cleared from curb to curb in about 12 hours. A major storm of nine or more inches of accumulation has different emergency procedures, and the crews are divided into two 12-hour shifts to plow a single lane on all streets. State and County crews follow their own procedure. Staff recommended Council's approval. APPROVED. 6. APPROVE CHANGE ORDER NO. 2 FOR STREET IMPROVEMENT PROJECT NO. ST. 2001-1: Mr. Burns, City Manager, stated that the change order includes $24,925 for driveway repairs that were not anticipated. It also includes a deduction of $56,840 for a watermain loop from Hillcrest to Ferndale. This makes a net change order of $11,915.00. Staff recommended Council's approval. APPROVED CHANGE ORDER NO. 2. 7. APPROVE 2002 CITY OF FRIDLEY HEALTH INSURANCE OPTION: Mr. Burns, City Manager, stated that after more than two years of a self-funded employee health insurance program, staff is recommending a return to a fully funded health insurance program for City employees. The recommendation is to contract with Medica for a specific plan called Medica Choice Select. Staff recommended Council's approval. APPROVED. 8. CLAIMS: APPROVED CLAIM NOS. 102189 -102392. 9. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 4 10. ESTIMATES: Lametti & Sons, Inc. 16028 Forest Boulevard N. Hugo, MN 55038 Utility Installation for Varichak Addition Project No. 342 FINAL ESTIMATE: $21,570.00 Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2001 Street Improvement Project No. ST. 2001-1 Estimate No. 8 $93,592.10 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No persons in the audience spoke. PUBLIC HEARINGS: 11. PUBLIC HEARING ON ZONING TEXT AMENDMENT, ZTA #01-09, WINTER PARKING BAN MODIFICATIONS: MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE - MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:07 P.M. Mr. Haukaas, Public Works Director, stated that this amendment proposes to change the ending r date of our winter parking ban from May 1 to April 1. This is due to the citizen requests and direction from Council. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 5 Councilmember Bolkcom asked for background on the parking ban. Mr. Haukaas stated that the current parking ban was adopted three winters ago. A majority of the cities in the metropolitan area have a parking ban. Many have overnight pazking bans. This adds efficiency to the snowplow operations. Staff did an analysis on what was being done. He stated that the ban from 2:00 a.m. to 6:00 a.m. allows staff to get out early and clear the red lone streets prior to the morning rush hour. They had problems with snowbirds when the City did not have the ban. MOTION by Councilmember Bolkcom to receive the letter from Mr. Finkelstein into the record. . Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Jerry Finkelstein, the property owner of 5801 Second Street N.E., stated that he understands the City's problem with the snowplowing and the ban. He has owned the property for about 15 years. Nine to ten cars park in the building's parking lot. His tenants aze concerned because there is more than one vehicle per family, and the problem is that there is no room to move the cars for snow removal. They can only park on the grass and it does not look good for the community. Also, the grass will be ruined during a soft winter. There may be some other compromises that would help everyone. Minneapolis and St. Paul have odd/even snow plowing days. St. Louis Park has the same thing. The lease states that all cars have to be operable and guests must park on the street. Please reconsider this ban for next year. Councilmember Bolkcom stated that there are different ways to do different things. We do not advocate parking on the grass, but is an option during the winter. She asked about the area north of the lot. Mr. Finkelstein stated that part of that property is his and asked if Councilmember Bolkcom was suggesting that he expand his parking lot? Councilmember Bolkcom stated that it is an option. Mr. Finkelstein stated that the City has an option of parking even/odd days. He would be glad to expand the parking lot if the City gives him money. He has looked into putting garages on the property that is vacant. Economically this does not make sense. Councilmember Bolkcom stated that Fridley does almost a 100 percent better job snow plowing than Minneapolis because parking is a huge issue there. How much longer would it take to do an even/odd method? Mr. Haukaas stated that staff talked about going to the odd/even plan. Generally, that is done in other cities because they are not physically capable of plowing all streets in 24 hours, and they have parking issues. The most efficient way is the way we do it—within 10 to 12 hours. Going to odd/even parking would mean plowing only half the streets. It would take 12 hours on the FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 6 first day and 8 hours on the second. All those areas that are parked on would generate complaints, and there are safety concerns on icy days. Councilmember Bolkcom stated that after the streets are plowed, crews go back and do other thin�s like clear cul-de-sacs. Mr. Haukaas stated that cul-de-sacs and intersections are opened up better generally the second day after the storm. Mr. Burns, City Manager, stated that there was some low interest loan money available for expanding parking lots. Mr. Hickok stated that he believed it was for code issues being brought into compliance with the limited resource of funding. Mayor Lund asked how old the building was. Mr. Finkelstein stated that he thinks it was built in the 1970's. Mayor Lund asked if there was a significant increase in cars and traffic in general. Mr. Finkelstein stated that in the 1970's there were a required number of parking stalls and it is grandfathered in now. Mayor Lund stated that as a community ages, single car use is outdated. We see you have a problem. Things do become obsolete and changes have to be made. The City made a change in the ban three years ago because the ban was outdated. Mr. Burns stated that the parking ban is a problem in the area south of the interstate with the parking ban because of all the cars parked in the street. Mr. Finkelstein stated that he wants to complement the reasoning and explanation. There are more cars and people living on his property. St. Louis Park has an outstanding snow removal service and they do not have bans on every street. Golden Valley has the same thing. Minneapolis and St. Paul have more areas to cover. His problem is that the City is saying that he could build a parking lot but he does not see the City coming up with any money. He should not encumber himself because of that option. Mayor Lund stated that he understands there is a hardship but they cannot make ordinances that are going to influence or affect people in all regards. He also has commercial property with limited parking. He screens possible tenants about their future car needs. Councilmember Billings stated that if the street is not plowed curb to curb overnight, there is no parking on the street the next day. Mr. Haukaas stated that was correct. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 7 Councilmember Billings stated that one of the main reasons for imposing the winter pazking ban was to try to get people accustomed to not parking on the street overnight in case it snowed overnight. This requires people to have cars off the street all the time so they are not in a mad rush at the time it snow•s. Mr. Haukaas stated that was correct. Councilmember Billings stated that if you are on the street at 3:00 a.m. and the street is not plowed, you have the potential of getting two tickets for violation of the snow emergency and one for violation of the overnight parking ordinance. Mr. Haukaas stated that was correct. MOTION by Councilmember Barnette 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 WAS CLOSED AT 7:50 P.M. OLD BUSINESS: 12. FIRST READING OF AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, TO REPEAL CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" AND ADOPT A NEW CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTING" (TABLED SPETEMBER 17, 2001): Ms. Jones, Environmental Planner, stated that she put together a comparison of the current code and what is proposed. The current code pertaining to solid waste management states that the City does not allow garbage containers of more than 32 gallons unless approved by the City. The proposed language does not allow garbage containers over 32 gallons unless the container is provided by the hauler and approved by the City. In the current code, containers cannot be placed on the curb on collection day and must be within 3 feet of buildings. In the proposed code, containers may be placed at the curb only on collection day. In the current code, containers must be screened from the view of the street. The proposed code allows containers to be stored in view of the street but not in the front yard setback. In the current code, yard waste can be placed at the curb in yard bags or bundles. In the proposed ordinance, yard waste can be placed at the curb in bags only until the next collection day. In the cunent code, recycling service fees or utility bills are set by ordinance. The recycling service fees were changed so that they could be set at smaller increments rather than large increases. In the current code, owners of large apartment buildings need to provide recycling collection of three categories of recyclables. In the proposed code, owners of large apartment buildings need to provide recycling collection of four categories of recyclables which is a State requirement. In the current code there is no notification of labeling, placement, or accessibility reqizirements for multi-unit recycling. In the proposed code, it states owners must notify tenants annually of recycling services and FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 8 make sure they are labeled and accessible as garbage containers. The cart must also be kept on a paved surface so it is accessible year round. Ms. Jones stated that in the current code, theft of recyclables is illegal. The wording has been changed, making it a misdemeanor. In the current code, composting is permitted on residential property. In the proposed code, it is permitted on residential and publicly owned property. In the proposed code, compost areas may not be placed closer than 25 feet to a waterway or 20 feet to a dwelling unit on an adjacent property. in height. In the current code, there are no requirements for maintaining a compost area. In the proposed code, it states the compost area must be maintained in order to prevent odors or a public nuisance. In the current code, there are no prohibitions on the length of use of large construction waste bins. In the proposed code, construction waste bins may not be at the location more than three consecutive months. In the current code, the term of solid waste hauler license is from May 1 to April 30 and the recycling license is from June 1 to May 31. Ms. Jones stated that in the current code, there are six different types of hauler licenses and the proposed ordinance has four different types of hauler licenses: for residential, commercial waste, recycling collection, and construction and demolition waste. The current code requires information about vehicles used, scheduled services and disposal location. The proposed code requires information on the number of customers, the fee schedule, a route map, and a description of containers provided to the customers for refuse. the proposed language states that the hauler must carry $500,000 general liability as well as Workers' Compensation insurance for employees. Ms. Jones indicated that the current code does not have recycling requirements placed on the haulers. The proposed code requires recycling collection of four categories based on the multi- unit owner's requirements, so there cannot be any dispute. The current code does not have any procedures for revocation of a hauler's license. The proposed code established procedures for a hauler's license revocation far lack of compliance with code. Ms. Jones stated that the language proposed is what Staff is recommending. Councilmember Bolkcom stated that the proposed language states that gazbage may be placed out at the curb the day before collection up to 9:00 p.m. the day of collection. Ms. Jones stated that was correct. MOTION by Councilmember Barnette to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. Councilmember Barnette stated that Ms. Jones has done a very good job in listening to comments and preparing the ordinance. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 9 13. RESOLUTION APPROVING THE COMPREHENSIVE PLAN FOR THE CITY OF FRIDLEY AND AUTHORIZING STAFF TO DISTRIBUTE TO THE METROPOLITAN COUNCIL (TABLED OCTOBER 8, 2001)• Mr. Hickok, Community Development Director, stated that this is a planning tool intended to help guide the future growth and development of the community. It ties various elements of the City together. The chapters include the Preface, Community Vision, Community Overview, Land Use, Housing, Transportation, Park, Trails, and Open Space, Sanitary Sewer, Critical Area Plan, and Plan Implementation. In 1997, the City of Fridley began its process of updating the Comprehensive Plan. Metropolitan Cities were required to do that by a date certain. Several planning areas were broken down into sizable work groups and there was good turnout for the work groups. In July 1998, staff worked with Hoisington/Koegler Group, Inc., to rewrite the Comprehensive Plan. In October of 1999 local water plans were due to the Metropolitan Council and were dovetailed in lieu of our Comprehensive planning process. On December 13, 1999, City Council authorized staff to submit their amendments to the Comprehensive Plan along with the local water plan. The review of the plan by Metropolitan Council occurred in late 2000. Minor modifications were suggested. In March of 2001, staff received a list of modifications and a letter from the Metropolitan Council. Staff worked with the consultants to make those changes and distribute those changes to the City Council and Planning Commission. The City's Surface Water Management Plan and other chapters required minor modification and the Metropolitan Council approved that document on June 7, 2001. Tonight, Council must pass a resolution signifying concurrence with the final document and authorizing staff to distribute the document to the library and to administrative staff. Staff recommended approval of this resolution to utilize the plan as a tool in future decision-making and updating as required. Councilmember Barnette asked why the City needs to comply to a non-elected body such as the Metropolitan Council and what would happen if the City of Fridley did not submit the plan? Mr. Hickok stated that the City of Fridley is required to follow the Municipal Land Planning Act that requires a Comprehensive Plan. We are governed by a regional planning agency for our utilities and roadways. That system requires a Comprehensive Plan in compliance with State law. The City would be in non-compliance with State law and subject to penalties, if a plan was not submitted. We plan to use the document to help understand what our citizens want and to help make future decisions. Councilmember Barnette stated that this requirement is passed by the State legislature, not by the Metropolitan Council. Mr. Hickok stated that was correct. Mayor Lund stated that this is a guiding tool and it should be used for reference. Councilmember Bolkcom stated that we received some money to actually work on this even though it did not cover all the money spent. Mr. Burns, City Manager, asked if the plan was the framework for the zoning law. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 10 Mr. Hickok stated that was correct. MOTION by Councilmember Bolkcom to adopt Resolution No. 60-2001. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 14. INFORMAL STATUS REPORTS: Mr. Burns stated that the citizen survey has been completed. He wanted to thank the 500 people who were polled for their time. Bill Morris, Decision Resources, Inc., will be at the meeting to discuss the results. You can contact the City Manager's office for copies of the survey if needed. ADJOURN: MOTION by Councilmember Bolkcom to adjourn the meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NOVEMBER 5, 2001, CITY COUNCIL MEETING ADJOURNED AT 8:34 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor � : AGENDA ITEM CITY COUNCIL MEETING OF NOV. 19, 2001 GTY OF FRIDLEY DATE: November 14, 2001 ;�,; 'F% 5�r TO: William Burns, City Manager '� FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner SUBJECT: Second Reading of Revisions to Chapter 113, Solid Waste Disposal and Recycling Collection Background On November 5, 2001, the City Council held completed the first reading of a new Chapter 113 of City Code. This is the chapter that pertains to garbage and recycling regulations in the City of Fridley. The attached copy of code language is complete with all wording adjustments that were debated and discussed in previous meetings. Recommendation Staff recommends that the City Council adopt the attached ordinance, which repeals the existing Chapter 113 of City Code and adopts new Chapter 1131anguage. r L M-01-169 ORDIN�;'�10E NO. ORDINA:�ICE AiY1ENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, TO REPEAL CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL Ai�iD RECYCLING COLLECTION" AND ADOPT A NEW CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAI. AND RECYCLING COLLECTION" The City Council of the City of Fridley herby ordains the following: SECTION L That Fridley City Code Chapter 113, entitled Solid Waste Disposal and Recycling Collection be hereby repealed in its entirery; SECTION 2. That Fridley City Code is amended to include a new Chapter 113 Entitled Solid Waste Disposal and Recycling Collecrion. FRIDLEY CITY CODE CHAPTER 113. SOLID WASTE DISPOSAL AND RECYCLING COLLECTION (Ref. 585, 630, 838, 955, 962, 968, 1013, 1019, 1111, 1122) 113.01. DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this Chapter and the following words and terms wherever they occur in this Chapter aze defined as follows: Approved Accepted by the City following its determination as to compliance with established public health practices and standards. 2. Commercial Establishment Any premises where 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. Composting Any above ground microbial process that converts yazd waste and other allowable materials to organic soil additive or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. Z 5. Dwelling Unit A separate residenrial dwelling place with a kitchen. 6. Front Yard Setback The minimum distance between the front line of a lot and a structure located on that lot. 7. Licensed Solid Waste Hauler Any person or entity engaged in the collection and transportation of solid waste in the City of Fridley and holding a valid solid waste hauling license. 8. Mixed Municipal Solid Waste Garbage, refuse, and other solid waste, except construction and demolition waste, from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collecrion, as defined in Minnesota State Statutes Chapter 115A. 9. Multiple Dwelling Unit A residential structure with five or more dwelling units. 10. Person. Any person, firm, partnership, association, corporation, company or organization of any kind. 11. Public Nuisance A condition which unreasonably annoys, injures or endangers the safety, health, comfort, or repose of a considerable number of inembers of the public. 12. Recyclable Materials. Materials that are separated from mixed municipal solid waste for the purpose of reprocessing, including, but not limited to, metal, paper, glass, plastics, and textiles. This does not include material used to create refuse-derived fuel or material that is destroyed by incineration. 13. Recycling The process of collecting and preparing marketable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destrucrion of materials in a manner that precludes further use. 14. Recycling Collector. Any person or entity engaged in collecting, transporting, and processing of recycled materials from residential or commercial sites in the City. 3 15. Residential Properties. Attached and detached single -, double -, tripie - and quadruple -dwelling units and mobile homes. 16. Solid Waste. Garbage, refuse, construction and demolition debris and other discarded matter in solid form, but not including hazardous waste. 17. Yard Waste. Grass clippings, leaves, herbaceous garden wastes, and tree waste. 113.02 SOLID WASTE DISPOSAL It is unlawful for any person to throw or deposit solid waste, yard waste, tree waste or recyclables on any property within the Ciry, except that the owner may maintain receptacles for collection of such items, provided such receptacles meet the requirements of Sections 113.04, 113.05, and 113.06. The owner of any private property, whether occupied or vacant, shall at 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 terms of Section 113.09. 113.03 FREQUENCY OF COLLECTION Mixed municipal solid waste must be collected a minimum of once a week, or more frequently if necessary, by a licensed solid waste hauler from all property within the City. 113.04 CONTAIN�IENT OF SOLID WASTE The owner of any dwelling unit or commercial establishment must provide and maintain on premises sufficient containers for the storage of all solid waste accumulated on the premises between collecrions. Each such container shall be durable, watertight, impervious to insects and rodents, and shall have a close-fitting, fly-tight lid. Residential solid waste containers shall not exceed 32 gallons in size unless approved by the City of Fridley. 113.05 CONTAINMENT OF YARD WASTE Yard waste may be stored in containers, bags, or bundles until the next available collection. 113.06 CONTAINER SCREE1vING/PLACEMENT 1. Commercial Establishments and Multiple Dwelling Units Any bulk or 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 yazds and shall not extend to within fifteen (15) feet of any "street right-of-way" line. Plantings may be used in C� addition to, or in lieu of, fencing. If plantings are used to meet screening requirements, the type, size and locarion of such plantings must be approved by the Ciry. The screening requirements shall be satisfied by the use of a screening fence or planting screen according to the following standards: (a) Plantings shall not be placed so as to obstruct lines of sight at street corners and driveways. (b) A screening fence shall be attractive and compatible with the principal building and the surrounding land use. (c) A planting screen shall consist of a closely grown hedge, a row of trees, evergreens or other vegetation approved by the City. (d) If the topography, natural growth of vegetation, permanent buildings or other barriers meet the standards for screening as approved by the City, they may be substituted for all or part of the screening fence or planting screen. (e) If a four-sided enclosure is necessary to screen a solid waste container from the public right-of way, doors, allowing for removal of the container, must be constructed of durabie material and be maintained in workable condition. 2. Residential Properties Containers used for the storage of mixed municipal solid waste, recyclables, and compostables may be placed at the curb, but not in the public drive area of the right-of-way, for collection from 5:00 pm the day prior to collection until 9:00 pm the day of collection. Containers must not be stored between weekly collections in the front yard setback. 113.07 CONSTRUCTION WASTE BINS 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. 113.08 YARD WASTE COLLECTION A person may not place yard waste in mixed municipal solid waste, in a disposal facility, or in a resource recovery facility except for the purpose of reuse or composting, in accordance with Minnesota Statutes Chapter 115A.931. 113.09 COMPOSTING Composting is permitted on residential or publicly owned properties provided the following conditions are met: • 1. Only the following materials may be placed in a compost area: grass clippings, leaves, herbaceous gazden 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 azea: 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, 5 streams, lakes, or ponds. No compost area may be placed within twenty-five (25) feet of any body of water or area designated as flood plain, shore land or state protected wetlands. 4. A compost azea may not be located in any front yazd and must be at least five (5) feet from any side or rear lot line and be no closer than 20 feet from any dwelling unit located on adjacent property. 5. A compost azea may not exceed 5 cubic yards in volume and may not exceed five (5) feet in height. 6. The compost must be managed according to standard compost practices, which includes providing air circulation within the compost structure to prevent combusrion and aeration often enough to prevent the generation of odors and the generation of a public nuisance. 11310 SOLID WASTE ABATENLENT PROGRAM Ai�ID FEE In order to meet the requirements of State Waste Abatement Laws, 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 City 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 Waste Abatement Fund and shall only be expended on solid waste program activities. ll3.11 RECYCLING COLLECTION The City of Fridley will provide for the collection of recyclables from all single through 12-unit mulriple dwellings as required in Chapter 115A of Minnesota State Statutes. Owners of multiple dwelling structures of 13 or more units sha(1 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 dwelling 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 yeaz as to the availability 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. Recyding containers must also be kept accessible year-round, including the removal of snow within 24 hours after a snowfall of more than 3 inches. 113.12 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. 113.13 RECYCLING AND SOLID WASTE HAULERS' REGULATIONS 1. License Requirement. No person shall engage in collecting or conveying solid waste or recyclable material from any premises, other than their own dwelling unit, in the City unless that person holds a valid license hereunder. Each such vehicle so used must be licensed. �•J 2. License Classifications. Applicants for licenses issued hereunder shall be issued for the following classes of operarions: Class I- Residential Solid Waste Collecrion Vehicle Class II - Commercial Solid Waste Collection Vehicle Class III - Recycling Collecrion Vehicle Class N— Construction and Demolition Waste Transport Vehicle 3. License Procedure. A. The provisions of Chapter 11, License and Permit, of the City Code, including the license fee shall apply to all licenses required by this Chapter and to the holders of such license. T'he term of each license hereunder shall be for not more than one year and shall expire on Apri130 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, approximate number of customers served, schedule of charges which will be made for hauling, a schedule of residential solid waste collection routes, locarion of where the material collected will be disposed of, detailed description of any containers the hauler plans to provide theu customers, and any other information the City of Fridley shall require. B. Applicants for all license classifications shall file with each applicarion a certificate of insurance for general liability coverage for the licensee of at minimum $500,000 per occurrence and automobile liability coverage for each vehicle to be used in the amount of $500,000 or more per accident. Every licensee shall also carry Workers' Compensation Insurance for all of its employees. Each policy shall provide that it shall not be cancelled or ternunated for any reason without at least ten (10) days written notice thereof fust being given to the City. C. Applications for license hereunder shall be submitted to the City for review and recommendation. If the City Council is satisfied that the health, safety and welfaze of the public will be served, it may grant a license to any such applicarion meeting the requirements of this Chapter. 4. 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. 5. Vehicles. A. Each vehicle for which a license is applied for or which 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. B. Each vehicle used to haul mixed municipal solid waste in the City of Fridley shall be licensed by the regional waste authority and such license shall be maintained for the entire term 7 of the City license. Each licensed vehicle shall have attached a decal issued by the base County, showing the current regional registrarion. Each vehicle used to haul recyclables or construcrion/ demolition waste in the City of Fridley must display the decal issued by the City of Fridley. Expired or otherwise invalid decals shall be removed from the vehicle. C. Each vehicle licensed for hauling solid waste or recycling must have a right cover that is operated and maintained as to prevent offensive odors or spillage. The loading space of every solid waste vehicle licensed hereunder shall be leak proof. Every vehicle shall be equipped with the necessary i�and tools for cleaning ug spills. D. Every vehicle licensed 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 often if necessary, to prevent persistent odors. E. Recyclables and solid waste 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 similaz 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 time park or store any recycling or solid waste collecrion vehicle on any premises zoned for use as a single or multiple residence dwelling, within one hundred (100) feet of any aforemenrioned 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 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 retumed to the private driveway of the customer upon collection of the container contents. 7. 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. 8. Disclosure of Waste Destination. As required in Minnesota State Statutes 115A.9302, any person licensed to transport solid waste in the City of Fridley must disclose the fmal destination(s) of that waste to their customers on an annual basis. �; 9. Recycling Requirements A recycling collector contracting to collect recyclables from any multi-dwelling unit account in the City of Fridley must collect a minimum of four (4) broad categories of recyclables, according to Section 113.10 of this code. The collection of newspaper, mixed paper, and corrugated cazdboard is all one paper category. 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 collecrion are significantly 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 Ciry 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 following January 15. 11. Revocation of License Any license issued hereunder may be revoked or suspended by the City Council for any of the following causes following 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 unauthorized 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. 113.14 FEES The license fee and expiration date shall be provided in Chapter 11 of Fridley City Code. 0 113.15 PENALTIES Any violation of this Chapter is a misdemeanor and subject to all penalties provided for such violarion under the provisions of Chapter 901 of this Code. SECTION 3. That Fridley City Code Chapter 11, entitled General Provisions and Fees, be amended as follows: 113 D°�.�° u�,.'�-�, "�''""'° T°'°'�Recyclin� and Solid Waste Haulers $60 for the first truck and $15 each additional truck PASSED �r'D ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TffiS 19TH DAY OF NOVEMBER 2001. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading: Publication: September 10, 2001 November 5, 2001 November 19, 2001 November 29, 2001 10 SCOTT J. LUND- MAYOR / � a�nr oF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOV. 19, 2001 Date: November 15, 2001 To: William Bums, City Manager �� Fmm: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner Subject: Resolution Setting Recycling Service Fees Background If the City Council adopts the proposed ordinance changing Chapter 113, the City Council also needs to consider adopting a resolution to set the recycling service fees, which will be removed from this City Code section. An increase in the fee is not necessary unril Apri12002, so the City Council is being asked to consider a resolurion that sets the fees at the existing $5.50/quarter rate. A few months from now, staff will be requesting adoption of a new resolution, authorizing a small fee increase (probably 3%). Recommendation Staff recommends that the City Council adopt the resolution attached to set the recycling fees at the current rate. M-01-171 11 RESOLUTION NO. -2001 A RESOLUTION APPROVING RECYCLING SERVICE FEES WHEREAS, State Statute 115A.552, Subdivision 2, requires the City of Fridley to provide, at minimum, curbside recycling services; and WHEREAS, the City of Fridley has chosen to provide Fridley residents with several t-._ recycling services, including curbside recycling services, recycling drop off days, and a yard waste transfer site; and WHEREAS, the State provides only partial funding to subsidize the City's recycling efforts so that remaining costs must be paid by the user of such services. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that the per dwelling unit service fee charged to all single through 12-unit multi-unit residential buildings serviced by the City's residential recycling service contract in the City be set at $5.50 per quarter. BE IT FURTHER RESOLVED that this recycling service fee may be adjusted at any time by the City Council, as needed to balance funds in the Fridley Solid Waste Abatement Fund. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19th DAY OF NOVEMBER, 2001. ATTEST: DEBRA A. SKOGEN — CITY CLERK 12 SCOTT J. LUND - MAYOR / � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 19, 2001 Date: November 19, 2001 To: William Burns, City Manager ,.r�i° ��, From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #01-12, Troy Findell M-01-170 INTRODUCTION Troy Findell is seeking a special use permit to allow the construction of a 780 square foot second accessory building at his residence at 1340 69`h Avenue. PLANNING COMMISSION RECOMMENDATION At the November 7, 2001, Planning Commission meeting, a public hearing was held for SP #01-12. After a brief discussion, the Planning Commission recommended approval of the special use permit, SP #01-12, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Petitioner shall install Code required hard surface driveway within 12 months of issuance of the building permit. 2. Petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 13 City of Fridley Land Use Application SP #01-12 November 7, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Troy Findell 1340 69`h Avenue NE Fridley MN 55432 Requested Action: Special Use Pemut to allow a second accessory structure over 240 square feet. Existing Zoning: R-1 (Single Family Residenrial) Location: 1340 69`h Avenue Size: 28,912 sq. ft. .66 acres E�sting Land Use: Single family home. Surrounding Land Use & Zoning: N: Medtronic & M-2 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.1.C.(1) requires a special use pernzit to allow accessory buildings other than the first accessory building, over 240 square feet. Zoning History: 1952 — Lot is platted. 1951— Home was built. 1956 — Garage was built. 1963 — Addition to home. Legal Description of Property: Lot 19, Revised Auditor's Subdivision # 10 Public Utilities: Home is connected. Transportarion: 69`h Avenue would provide access to proposed garage. 14 Physical Characteristics: Typical suburban landscaping. SUMVIARY OF PROJECT The petitioner, NIr. Finciell is seeking a special use permit to allow the constiucrion of a 780 square foot accessory building. SUMNIARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Second accessory buildings over 240 square feet are a pemutted special use in the R-1 zoning district, provided the total square footage of all accessory building doesn't exceed 1,400 squaze feet. The cturent one-stall garage is 513 square feet. The proposed accessory structure is 780 square feet. The total of all accessory buildings e�sting and proposed is 1,293 square feet. CITY COUNCIL ACTION/ 60 DAY DATE City Council — November 19, 2001 60 Day — December 3, 2001 (Location of Proposed Garage) Staff Report Prepared by: Stacy Stromberg SP #01-12 REQUEST The petitioner, Troy Findell is seeking a special use permit to allow the construction of a 780 square foot second accessory building. The building will be used to store vehicles and recreational equipment. ANALYSIS �` The property is located on 69th Avenue, with the home being "squared up° to and frontir�g=- `- on 69`h Avenue. The dimensions of the lot are 104 ft. by 278 ft. and iYs a rectangular shape. The existing home was built in 1951, the existing single stall garage was built in 1956, and there was an addition to the home in 1963. Existing home and attached garage Accessory structures over 240 square feet are a permitted special use in the R-1 zoning district. The existing one-stall garage is 513 square feet and the proposed accessory structure is 780 square feet. The existing garage, plus the proposed accessory structure are a total of 1,293 square feet, which is 107 square feet less than the total allowed by Code. The proposed garage location meets all setbacks requirements. City staff received one comment from a neighboring property owner who was concerned about setback requirements. Staff did a site visit and measurement and it appears that the existing slab 15 is five (5) feet from the property line. City Code requires that accessory buildings located in the rear yard be a minimum of three (3) feet from the property line. Proposed Garage Location & Gravel Driveway Leading to Proposed Garage Location in the Rear Yard of the Property RECOMMENDATIONS City Staff recommends approval as second accessory structures are permitted under special use permit in the R-1 Single Family District. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Petitioner shall install Code required hard surface driveway within 12 months of issuance of the building permit. 2. Petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. Total square footage of all accessory structures must not exceed 1,400 square feet. 6. Garage shall be architecturally compatible with existing home and finished with complementary siding and color scheme. 16 / � Q1Y OF FRIDLEY TO: FROM: DATE: SUBJ ECT: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 19, 2001 n�/ William W. Burns, City Manager ,( ' �� , J on H. H� as, Public Works Director October 16, 2001 First Reading of ZTA No. O1-09 PWO1-093 On Monday, November 5, 2001, the City Council held the public hearing of the proposed modification to the winter parking ban changing the end date from May 1 to April 1. Recommend the City Council approve the first reading of the ordinance as presented. JHH:cz 0 17 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 506 OF THE FRIDLEY CITY CODE PERTAINING TO UNATTENDED VEHICLES THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That Section 506.04 is hereby amended as follows: 506.04 Unattended Vehicles 1. No person sha11 stop, park or leave a vehicle unattended upon a street or highway in the City for a period in excess of 24 hours. 2. No person all stop, park or leave a vehicle unattended upon a street or highway in the City between the hours of 2:00 O'clock a.m. and 6:00 O'clock a.m. between the first day of November of any year, to and includinq the first day of A�Fa� April of the following year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: November 5, 2001 First Reading: Second Reading: ' Published: LL!� � � CRY OF FRIDLEY TO: FROM DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 19, 2001 n William W. Burns, Ciry Manager .� ^'�j C� � �7 Jon H. Haukaas, Public Works Director Layne R. Otteson, Assistant Public Works Director November 19, 2001 2002 Street Improvement Project PWOI-104 The attached resolution is to finalize the design and plan preparation for the proposed Edgewater Gardens Neighborhood Street Improvement Project No. ST. 2002 - 1, which includes 65'/2 Way, 66`� Way, 661/2 Way, 67`� Way, Rice Creek Way, Hickory Street and Ashton Avenue. The resolution accepts the feasibility report and preliminary plans for the improvements as a result of the neighborhood meetings and Council's direction and authorizes the establishment of a public hearing. The public hearing is scheduled for December 17, 2001. Recommend the Ciry Council adopt the resolution so that the design work can be finalized for the Edgewater Gardens Neighborhood Street Improvement Project No. ST. 2002 - 1. LRO/J HH:cz Attachment 19 R$SOLIITION NO. - 2001 R$SOLUTION RgC$IVING TH$ PR$LIMINARY RSPORT AND CALLING FOR A PIIBLIC HEARING ON THS MATTSR OF CONSTRUCTION OF C$RTAIN IMPROVEMENTS: $DGEWATLR GARDENS NSIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2002 - 1 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. WHEREAS, Resolution No. 38 - 2001 adopted on the 13th day of August, 2001, by the City Council, ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. That the feasibility report and preliminary plans submitted by the Public Works Director, is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice : All of the same to be assessed proportionately according to the benefits received. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior time reasonable and convenient. �� Resolution No. - 2002 Page 2 5. That a public hearing be scheduled for December 17, 2001 and that all property owners whose property is liable to be assessed with the making of the improvements and constitute 100 percent of the property.owners who will benefit from the improvement be notified of the public ' hearing under the normal procedures set forth in Minnesota Statutes Chapter 429. PASSSD AND ADOPT}3D BY TH$ CITY COIINCIL OF THS CITY OF FRIDLEY THIS 19TH DAY OF NOVEI�LR, 2001. ATTESTED: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 21 City of Fridley TO: William W. Burns, Ci Mana er ;��,� PWO 1-103 ry g �� FROM: Jon .H-Haukaas, Public Works Director DATE: November 13, 2001 SUBJ ECT: Additional No Parking Signs at 65`� Ave & TH 65 West Service Drive We have received a petition from the residents in the area of 64`� Avenue and the TH 65 West Service Drive requesting additional "No Parking" signage be installed on the inside of this corner. The request is consistent with the Minnesota Manual of Uniform Traffic Control Devices and will increase safery at this intersection through enhanced visibility and reduced congestion. The Public Works Department will call Gopher One Call for locates and install these signs next week. J HH:cz 22 PROPOSAL FOR NO PARKING SIGN POSTING AT CORNER OF 64TH AVE N. E. AND THE W HWY 65 SERVICE DRIVE. BECAUSE OF THE MULTI-FAMILY HOUSING IN THE 1000 BLOCK OF 64TH AVE N. E. AND IN T'HE 6300 BLOCK OF THE W HWY 65 SERVICE DRIVE, MULTIPLE CARS ARE BEING PARKED ON THE STREET. THE EAST SIDE (NORTHBOUND CURB) OF THE SERVICE DRIVE IS POSTED NO PARKING TO EASE THE CONGESTION OF PERSONS BACKING OUT OF THE OFF STREET PARKING INTO THE ROADWAY. CARS ARE BEING PARKED ON THE SOUTH SIDE (EASTBOUND CURB) OF 64TH AVE N. E. UP TO AND IN THE CURVE. PARKING AT THE EASTBOUND CURB, IN THE CORNER AREA, IS CAUSING CONGESTION AT THE CORNER BOTH FOR TRAFFIC AND STREET MAINTENANCE. THIS PROPOSAL IS TO ERECT NO PARKING SIGNS BEFORE AND AFTER THE CORNER TO PROHIBIT PARKING IN THE CORNER AREA. AS PER THE DRAWING THE SIGN COULD BE POSTED ABOUT 20 FEET PRIOR TO THE START OF THE ARC OF THE CORNER ON 64TH AVE N. E. AND 10 FEET SOUTH OF THE END OF THE ARC ON THE W HWY 65 SERVICE DRIVE. THIS WOULD LEAVE PARKING FOR ONE VEHICLE ON THE STREET, TO THE EAST OF THE OFF STREET PARKING AREA FOR THAT ADDRESS AND RELIVE THE CONGESTION AT THE CORNER. W i�Jl� �O 'y �1 �-c.`� J�n ��' " 1,V ��N�( . _ �,,�' ��°� ��- `�'� �� G � �� ' c ,� `� � � �2,� `� � �oi2 6 `/�� avc �vr'. j0�� i��a � �-� . ,��.-- � � �� n�.;, , (�L-!�� — �� ` "t''�� !'' , �039 ��'y� �' � �� `�'�'�P�'e!�- ( u 5'� b � � �� E � � �Q, r-;�.E�I , �t� � �, �� ti�` �:,K�. -�� N'�- � � ��i-�.. � . � �� ,� �. � , ,r , 7 �� ► � ��" ,, � --�� T�� .�. . ,csi �� y �- �l �� A� io � .— � � � �.� � � ��3��- 1 � � � ' � � � � ' � � � � � � � � � � N W Y ...'„ _"' j ' N w.... �......� � I ...." 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' •.� �"�.. .,., ,a � ,� I ';. _ � � � . Page 30 . ... ._ ,. ----- ------ _ _ ------_ �� City of Address/Zoning Map Book Fridley N Locator map for: � Scalc: I:nch =�i1N) tict S W 1/4 S ec . 1� � _� �� . Fccc L E G E N D Map Date: �larch 29, 3001 R.t . OM FxnM Unwa � � ea.�v muvr,.a ' - "'voe °ar� N«onoanawf - C�3 - C . s %�.�oa�9 - w . n . R-2 - f+0 FanNy UMf >r . �.��,�..,, �,�,K, � �a, . �.�.� �„�. es. , P.,�� F:K�,,,w, Pa �e -- q"l � c.wr �uwr uhu • s�- a.a«�m..�i o��uK� w �. �yrv ,e�w� . w,,�M �- '..t� Rd . Mmr rbnv PxY� ;- I.�_ocai Busnwea � N3 � MwY �a,evui vH ww�nwh 2 5 • PUO-P�rweUrrOw�MOprrr.w � C-2�� rai0uarwaa - �].O�um.�vnwn �t/;W 24 � � ' � ' ' ' _ r� � ° �_ : f 'j . �_:- . h �. t.,-_ � _ ._ << . _ - _ %' .��.::��,. _ �- ,� ___;�=-�: puancr S�ction r�5c HighlicMa .. a. � 0 y ' -�.t 1 � � � z �I 1 � � I r4v✓� b ;S" S �'�/e c� �QW � ;. io �N i i �. J�o C�iF� 1!�{� � g t�� 1 �y ( 7 ` �i 1 { \ r� i _-- ` - � �v, �� ? y�` U � � � ?R .J O V ? �. � 25 � � � r � CRY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF November 19, 2001 William W. Burns, City Manager ;� �� Richard D. Pribyl, Finance Director Deb Skogen, City Clerk November 15, 2001 Fridley Lions Club - Charitable Gambling Pre mise Permit Renewal —Joe Dimaggios, 1298 East More Lake Drive Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Fridley Lions Club is currently conducting charitable gambling at Joe Dimaggios, 1298 East More Lake Drive. Their Charitable Gambling Premise Permit expires on February 28, 2002. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective March l, 2002 and expire February 28, 2003. Please find a resolution for the renewal premise pernut. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. i�� RESOLUTION NO. - 2001 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A NIINNESOTA LAWFUL GAMBLING PRENIISE PERNIIT FOR FRIDLEY LIONS CLUB (JOE DIMAGGIOS) WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Fridley Lions Club; and WHEREAS, the location of the Premise Pernut is for Joe Dimaggios Restaurant, 1298 East More Lake Drive and will be effecrive from March 1, 2002 to February 28, 2003; and WHEREAS, the City of Fridley has found no reason to restrict the_ location for the charitable gambling operation. NOW, THEREFORE, BE TT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Pernut Application for the Fridley Lions Club at Jce Dimaggios located at 1298 East Moore Lake Drive. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19`h DAY OF NOVEMBER 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK 27 SCOTT J. LUND - MAYOR � � CRY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF November 19, 2001 William W. Burns, City Manager �r� r Richard D. Pribyl, Finance Director Deb Skogen, City Clerk November 13, 2001 Fridley VFW Post 363 - Charitable Gambling Premise Permit Renewal Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Fridley VFW is currently conducting charitable gambling on their premises located at 1040 Osbome Road. Their Charitable Gambling Premise Permit expires on February 28, 2002. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective Mazch 1, 2002 and expire February 28, 2004. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. : RESOLUTION NO. - 2001 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A NIINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY VFW, POST 363 WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota , Lawful Gambling Premise Pernut for the Fridley VFW, Post 363, and WHEREAS, the location of the Premise Permit is for their premises located at 1040 Osbome Road and will be effective from March 1, 2002 to February 28, 2004; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Fridley VFW Post 363 on their premises located at 1040 Osbome Road. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI-iE CITY OF FRIDLEY THIS 19Tx DAY OF NOVEMBER 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK I?�J SCOTT J. LUND - MAYOR � � CRY OF FRIDLEY AGENDA ITEM C1TY COUNCIL MEETING OF NOVEMBER 19, 2001 TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager �;� � �r SUBJECT: DATE: NCDA Resolution November 15, 2001 The Northstar Corridor Development Authority has asked that all of the cities and townships along the Northstar Corridor, which encompasses the Trunk Highway 10/47 corridor from the St. Cloud/Rice area to Minneapolis, provide an updated resolution in support of the commuter rail line. As they renew their lobbying efforts for the upcoming legislative session, they wanted updated material to show state legislators. Staff recommends approval of the attached resolution. �r ir ; Attachment 30 0 Resolution No. - 2001 RESOLUTION OF SUPPORT FOR THE NORTHSTAR COMNIUTER RAIL PROJECT WHEREAS, the Northstar Corridor Development Authority and the Minnesota Department of Transportation are proposing an 80-mile commuter rail system, in conjunction with other transportation system improvements, along the Northstar Corridor which encompasses the Trunk Highway 10/47 corridor from the St. Cloud/Rice area to Minneapolis; and WHEREAS, the proposed commuter rail system will utilize the existing tracks of the Burlington Northern Santa Fe railroad; and WHEREAS, said railroad tracks run throuah the City of Fridley; and WHEREAS, the City of Fridley is a member of the Northstar Corridor Development Authority, a governmental entity consisting of several counties, regional railroad authorities, cities, and townships, established pursuant to a joint powers agreement in 1997 to provide a mechanism for parties to study and address commuter rail and other transportation improvements in Hennepin, Anoka, Benton, and Sherburne Counties; and WHEREAS, members of the Northstar Corridor Development Authority are working with the Minnesota Department of Transportation, the Metropolitan Council and others in the Twin Cities region to promote transportation alternatives that link affordable housing, jobs and transit to sustain livable communities with a broader regional smart growth strategy and make efficient use of land and transportation infrastructure; and WHEREAS, the Northstar Corridor Development Authority, the Fridley City Council and the Fridley Planning Commission received public comments on plans for commuter rail at meetings and a statutory required public hearing in August and September 2000; and WHEREAS, the City of Fridley's ongoing support for the Northstar Commuter Rail Project has been evident by its involvement in the Northstar Corridor Development Authority since its inception in 1997. NOW, THEREFORE BE IT RESOLVED that the City of Fridley reaffirms its support for the Northstar Commuter Rail Project; BE IT FURTHER RESOLVED that the City of Fridley urges legislators to work diligently for authorization of necessary state funds to provide a match for the Northstar Corridor Commuter Rail Project. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER, 2001. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 31 � � CRY OF fRIDLEY AGENDA ITEM COUNCIL MEETING OF NOVEMBER 19, 2001 CLAIMS �02395-�02635 32 � L CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 19, 2001 Type of License: CHRISTMAS TREE LOT Bob's Produce Ranch 7620 University Ave N.E. Fridley, MN 55432 � LICENSES � Approved By: Robert Schroer Public Safety Fire Inspector Community Development 33 Fee: $200 fee $100 deposit � City of Fridle AGENDAITEM City Council Meeting Of Monday, November 19, 2001 � Gas Services Burnsville Heating � Air Cond 12481 Rhode Island Ave S Michelle Collins Savage MN 5537& Gene�al Contractor-Commercial Die Products Inc 7880 Beech St NE David Geslin Fridley MN 55432- Navejas Roofing 502 Elm Ave SE Ruben Navejas Montgomery MN 56069- Schroeder Tim Construction (8929) 33 Quinlan Ave S Tim Schroeder Lakeland Shores MN 55043- General Contractor-Residential A+ Home Services (20281915) 3451 Interlachen Dr Eric Gunderson Ham Lake MN 55304- Anderson Scott Construction (20062802) 19 E Pleasant Lake Rd Scott Ande4rson North Oaks MN 55127- Don's Weatherout Assoc Inc (9155) 2808 W 72 St Donald Mohs Richfield MN 55423 Dr Remodeling Inc (20233533) 15239 Fairbanks Trl NE Rachel Norling Prior Lake MN 55372- '�1.:_7 Anaroved By: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN State of MN State of MN � � Dulin Constrution Services (200099705) 11651 92 PI N Jim Dulin Maple Grove MN 55369- Hockaday Lloyd Contractor (20175032) 2544 Crestline Dr Lloyd Hockaday White Bear Lake MN 55110- Nedegaard Construction Co Inc (2068) 4200 Central Ave NE Bruce Nedegaard Columbia Heights MN 55421- Northwoods Services Inc 544 3 Street Greg Holst Elk River MN 55330- Trusted Roofing Co (20086833) 2620 111 Ave NW Daniel Swezey Coon Rapids MN 55433- Heatin Burnsville Heating 8 Air Cond 12481 Phode Island Ave S Michelle Collins Savage MN 55378- Plumbina Boe Plumbing Inc 10561 Palm St NW Steve Boe Coon Rapids MN 55433- Roofina Rainville Carlson 4640 Lyndale Ave N Cory Olson Minneapolis MN 55312- 35 Aouroved Bv: State of MN State of MN State of MN State of MN State of MN Ron Julkowski Building Official State of MN Ron Julkowski Building Official / AGENDA ITEM a CITY COUNCIL MEETING OF NOVEMBER 19, 2001 CRY OF FRIDLEY ESTIMATES Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2001 Street Improvement Project No. ST. 2001 — 1 FINALESTIMATE .............................................................................................. $ 48,754.45 �6 CITY OF FRIDLEY PUBLIC WORKS DEPAR'I1�NT ENGINEERING DMSION 6431 University Avenue N.E. Fridley, Minnesota 55432 Honorable Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: November 19, 2001 CER'TIFICATE OF TI� ENGINEER We hereby submit the Final Estimate for 2001 Street Improvement Project No. ST. 2001 - 1, forDave Perkins Contracting, Inc., 14230 Basalt Street NW, Ramsey, MN 55303.. We have viewed the work under contract for the construction of 2001 Street Improvement Project No. ST. 2001 - 1 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 November 16, 2001. Respe ly submitt Jon H. Haukaas Director of Public Works JT:cz Prepared by Checked by 37 November 19, 2041 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY 2001 STREET Il1�IPROVEMENT PROJECT NO. ST. 2001-1 We, the undersigned, have inspected the above-mentioned project and find that the worlc required by the contract is substantially complete in conformity with the plans and specificarions of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIlvIATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being November 16. 2001. �h ompson, Construction o C cto epresentative, (Title) : 0 November 19, 2001 City of Fridley 2001 STREET IMPROVEMENT PROJECE NO. ST. 2001-1 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certi5ed herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and speciscatio�s heretofore approved. The final contract cost isS863,582.75 and the final payment of 548,754.45 for the improvement project would cover in full, the contracto�'s claims against the City for all labor, materials and other work down by the contractor under this projec�t. I declare under the penalties of perjury that this statement is just and correct. DAVE PERIQNS CONTRACTING, INC. 1 Rene Perluns, Project Coordinator 39 November 19, 2001 City of Fridley 2001 STREET Il1�IPROVEMENT PROJECT NO. ST. 2001-1 PREVAILING WAGE VERIFICATION This is to certify that Dave Perkins Contracting, Inc. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industiry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. DAVE PERI�NS CONTRACTING, INC. e Per , Project Coordinator . � FROM: City of Fridiey Engineering Division TO: Honorable Mayor and City Council City of Fridley 6431 University Ave, NE Fridley, MN 55432 �ated: November 19, 2001 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 Estimate No. FINAL Period Ending: November 16, 2001 FOR: Dave Perkins Contracting Inc 14230 Basalt Street NW Ramsey MN 55303 2001 STREET IMPROVEMENT PROJECT NO. ST. 2001 -1 560-0000-415-4530-2011 STATEMENT OF WORK Q� � .�.��"!4 . ��.2:.. Mobilization 1.00 LS 20,000.00 - - 1.00 20,000.00 Traffic Control 1.00 LS 3,500.00 - - 1.00 3,500.00 Remove concrete curb & gutter 650.00 LF 5.00 - - 1,200.00 6,000.00 Remove bituminous pavement 8t curb 22,933.00 SY 2.50 - - 22,933.00 57,332.50 Saw cut bituminous pavement 1,140.00 LF 2.00 - - 1,120.00 2,240.00 Mill bitutninous surface 140.00 SY 12.00 - - 130.00 1,560.00 Common excavation (E� (Plan Qty) 7,250.00 CY 6.00 - - 7,250.00 43,500.00 Place granulaz boaow (G'� (from City Stk Pile) 600.00 CY 5.00 - - 900.00 4,500.00 Subgrade excavation (E� (Plan Qty) 600.00 CY 5.00 - - 1,100.00 5,500.00 Subgrade preparation 62.30 Rd Sta 150.00 - - 62.30 9,345.00 Aggregate base - Class 5 6,000.00 Ton 9.00 - - 6,298.00 56,682.00 Type 41A Wearing Course Mix (with oil) 1,860.00 Ton 31.00 - - 1,806.00 55,986.00 Type 31 binder course mix (with oil) 2,474.00 Ton 28.50 - - 2,290.00 65,265.00 Bituminous driveway 2.5 in. Rrmovdrepair 1,275.00 SY 15.00 - - 1,782.00 26,730.00 Concrete Driveway 6" Remove 8c Replace 575.00 SY 35.00 - - 1,638.00 57,330.00 Bituminous mixture for tack coat 1,850.00 Gal 2.00 - - 865.00 1,730.00 RCP sewer 12", Class 5 121.00 LF 50.00 - - 101.00 5,050.00 Construct drainage structure (27" dia) 2.00 Ea 1,500.00 - - 2.00 3,000.00 Storm sewer catch basin connection 1.00 Ea 650.00 - - 1.00 650.00 Fumish & inatall catch basin casting 7.00 Ea 375.00 - - 6.00 2,250.00 Furnish & install manhole casting 28.00 Ea 375.00 - - 28.00 10,500.00 Adjust frame, ring & casting 28.00 Ea 150.00 - - 28.00 4,200.00 Concrete walk (4") 85.00 SF 6.00 - - 324.00 1,944.00 Concrete curb & gutter - Design B618 12,560.00 LF 7.00 - - 11,679.00 81,753.00 Salvage hydrant & valve assembly 12.00 Ea 200.00 - - 12.00 2,400.00 41 Dave Perkins Contracting, Inc. 2001 Street Improvement Project ST. 2001 -1 Estimate No. FINAL Page 2 ,� : �:._:,: . . .� � �. - ��°� ' - .,�, � .. � , �. � �- .z . � . . � ' � J, M � : 4 .F �/prt�'..�,'+- r . �+� ' =`� -,; �.t�0� D�Ea �..�- D�TE. [nstall hydrant & valve assembly 12.00 Ea 300.00 - - 13.00 3,900.00 Adjust valve box (gate) 22•00 Ea 75.00 - - 22.00 1,650.00 Landscape Repair 1.00 LS 7,500.00 - - 1.00 7,800.00 Sod, type lawn (including 4" topsoil) 18,010.00 SY 2.50 - - 13,530.00 33,825.00 Saw and seal joints 6,230.00 LF 1.25 4,695.00 5,868.75 4,695.00 5,868.75 Saw cut concrete pavement 550.00 LF 6.00 - - 525.00 3,150.00 Tree Removal 5.00 Ea 650.00 - - 1.00 650.00 F&I 6" DIP Class 52 w/6 mil poly wrap 6,620.00 LF 19.50 - - 6,571.00 128,134.50 F&I gate valve & box 6" 19.00 Ea 525.00 - - 21.00 11,025.00 Watermain fittings & appurtenances 4,28b.00 LB 2.00 - - 4,286.00 8,572.00 Remove & replace sanitary sewer service 12.00 Ea 950.00 - - 15.00 14,250.00 4" PVC w/Wye to PL Copper Water Service 1" 3,385.00 LF 15.00 - - 3,928.00 58,920.00 Furnish Bt install Corp cock 106.00 Ea 50.00 - - 110.00 5,500.00 Futnish & install curb stop & box 12.00 Ea 150.00 - - ' Connect to existing watermain 7.00 Ea 650.00 - - 7.00 4,550.00 Temporary water system 1.00 LS 16,000.00 - - 1.00 16,000.00 Modular blcek retaining wall (24" Ivgh) 50.00 SF 35.00 - - 106.00 3,710.00 CIP removal6" 6,455.00 LF 2.00 - - 6,020.00 12.040.00 Styrofoam insulation (8x4 sheets) 200.00 SF 5.00 - - 48.00 240.00 Silt Fence 300.00 LF 3.00 - - ' Bale check �•� � 8'� ' Change Order No. 1 Fumish and install curb stop and box 106 Ea 130.00 - - 110.00 14,300.00 Cut in extra hydrant assembly 1 Ea 550.00 - - 1.00 550.00 � ARA 7r. Sur�iuiA� TOTAL 42 863�582.75 Dave Perkins Contracting Inc. 2000 Street improvement Project ST. 2001 - 1 Estimate No. FINAL SUMMARY: Original Contract Amount Contract additions: CO #1 Contract deductions: CO #2 Revised contract amount Value Compteted To Date Amount Retained (0%) :.ess Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR $873,456.00 14,330.00 (11,915.00) 875,871.00 863,582.75 0.00 814,828.30 $48,754.45 I hereby certify that the work performed and the materials supplied to date under the terms of the contract for this project, and all authorized changes thereto, have an actual value under the contract of the amounts shown on this estimate (an the final quantities on the final estimate are coRect), and that this estimate is just and coR nd no e'Amount Due This Estimate' has been received. gy Date � � Contracto o ' ed Representative (Trtle) 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 By Checked By 43 Date � ` � / v ( Respectfulty Submitted, Jon H. Hau aas Pubiic Works Director Page 3 / � UfY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 19, 2001 William W. Burns, City Manager� �i� Richazd D. Pribyl, Finance Director Debra A. Skogen, City Clerk November 15, 2001 Public Hearing to Consider License Revocation for Spikers Grille & Beachclub The City of Fridley received a Notice of License Revocation from the Minnesota Department of Revenue due to a taxpayer over liability. Chapter 270.72 of the Minnesota State Statutes requires a city to hold a public hearing to consider revocation of all licenses held by Licensee if the Commissioner notifies the licensing authority the applicant owes the state delinquent taxes, penalties, or interest. The licenses in question are: l. General License (which includes Food Establishment, Entertainment, Billiards), 2. Liquor License and 3. Charitable Gambling Endorsement License. Section 603.17 of the Fridley City Code states the City Council may suspend or revoke any license for the violation of any provision or condition of any city, state or federal law. Section 603.18 requires a public hearing before the City CounciL Spikers was notified on September 28, 2001, by letter notifying them of the proposed hearing. Arrangements have been underway for sale of the building that they currently lease. The closing was to occur in October, however, due to all of the parties involved, the closing was re-scheduled for Friday, November 16, 2001. I have been notified by Patrick Pelstring, President, of the proposed closing. Their plans are to pay the Department of Revenue after the closing as well as the remainder of the city license fee. As required, a Notice of Public Hearing was published in the Fridley Focus on November 15, 2001 and the notice has been posted. If the closing does take place and the payrnents are made, this item may be removed from the agenda. If, however, the closing does not take place, the Council will need to hold public hearing. . . / L CfTlf OF FRIDLEY DATE: TO: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 19, 2001 November 14, 2001 William W. Burns, City Manager ,�+�� Scott J. Hickok, Community Development Director Continuation of Public Hearing Regarding 5800 Tennison INTRODUCTION As you know, the City Council has a public hearing that was opened on August 13, 2001. Council chose to hold the hearing open pending the report from the Hearing Officer. The hearing can now be concluded since the report has been filed. The Pubic Hearing before the Council is for two reasons: to allow the property owner and other public an opportunity to hear the issues and have their comments heard and to meet statutory requirements for a hearing regarding the abatement of nuisances and assessment of all costs incurred to the property. HISTORY On May 15`h, John Seward, Humane Agent, Animal Humane Society, contacted the City of Fridley. Mr. Seward contacted the City of Fridley Police Department to assist with an inspection of the residence. A criminal search warrant was used to gain access to the home. Once inside the Humane Officer, Fire Marshal, and a City Building Inspector inspected the property. Nine dogs and a cat were evident in the home. All but 2 dogs and a cat were signed over to the Humane Officer. The existence of this number of dogs (in a residential setting) without a kennel permit is a violation of Code Section 101.04.08, which states: An animal nuisance exists when, "Any lot or premises on which four (4) or more dogs or cats, at least six (6) months of age, are kept in non-residential zones that meet the City's zoning requirements for a kennel license". Unfortunately, in the original inspection, the Anoka County Health inspectors and the Chief City of Fridley, Building Official were not present to fully assess the structure, its full health risk, and its continued viability as a residential structure. As a result a second administrative search warrant was issued and investigation completed. Staff identified finro specific violations of State Law that exist. These are: 45 Concern about 1997 Uniform Building Code Section 102 — Unsafe Buildings or Structures - The inspection records from the Fire and Building divisions indicate floor and wall systems have been drenched by what appears to be years of urine and fecal matter on the floors and lower walls. These wall and floor systems may have been structurally compromised. 2. Concern about violation of City Code Section 110 Public Nuisance —(Ref. Minnesota Statutes Sections 609.74 and 609.745) - Evidence of mice and potentially rats were present. A dead mouse was observed in a dish in the refrigerator of the home. As for sanitary facilities, the owner had shut off her plumbing at a valve near the water meter in the home. As a result, no toilet, bath or shower facilities were available to the individual who occupies the structure. Evidence of dumping fecal matter (both human and animal) down the basement floor drain exists. No floor grate exists above the opening, and we believe that this condition may allow rats to enter the home at this location. In June of this year, after the second inspection, an official determination was made that an unsafe building exists at 5800 Tennison Drive. The classification was due to an abundance of fecal matter (animal and human), open water/sewer systems, no working toilets or working sinks, questionable electrical service, a leaking natural gas line behind the dryer, and potential structural deficiencies due to years of structural abuse and the lack of maintenance. WHERE DID THE HEARING OFFICER FIT IN? By statute, an owner of a property that has been deemed unfit for habitation must be given the opportunity to repair or demolish the property. Three options are consequently offered the homeowner at the time of posting the property as unfit. One of the options is to be entitled to have the matter heard by a Hearing Officer. The Officer could conceivably determine that the City was incorrect in its evaluation of the property. Ms. Garber chose the hearing option and the hearing was held on August 30, 2001. The Hearing Officer reviewed all documents including the original warrants, staff summary reports, Anoka County Health and Human Service Reports, and the Humane Society documents. At the hearing, Ms. Garber indicated that she had "$70,000 more if necessary" and that she intended to have the home ready to reoccupy by October 15, 2001. Toby (Shelley's son) stated that at that time they had completed the extermination on the property, removed the clutter from inside, and that they had obtained a roofing permit to re-roof the house. They submitted an Orkin extermination bill indicating that extermination had been completed on site. Based on this statement from the Garbers, staff held off with the scheduling of Council's Public Hearing allowing the homeowner time to complete the work (with her own money). To date, the re-roofing job has been completed, the chimney has been repaired, one 30-yard roll-off dumpster full of debris has been removed from the site. Another 30-yard dumpster's arrival was delayed by the street reconstruction on Tennison Drive, the chimney has been repaired on its exterior and a new garage door has been installed. . � HEARING OUTCOME In Early September, staff received the official report from Hearing Officer; James D. Gurovitsch, regarding the home at 5800 Tennison Drive N.E. There were no real surprises in the report. Mr. Gurovitsch's conclusions stated the following: • The residence of Shelley Garber at 5800 Tennison Drive N.E. in the City of Fridley is an unsafe building and a public nuisance within the meaning of the Uniform Building Code and Fridley City Code Section 110.02 • The City's actions were justified and in accordance with applicable laws. STAFF CONCERN Contrary to her comment made at the August 30, 2001, hearing, the work was not completed by the anticipated date. Granted, street construction did limit the ability to get to and from the house for a period, but no apparent work, other than a new garage door has commenced. A letter from Ms. Garber, written October 27 indicates that she is aware of the rest of the project as follows: 1. A/l doors and (garage) 2. Plumbing and electrical contracting 3. Removal of all unwanted items 4. Check and Repair all windows 5. Professiona/ power cleaning — ceiling repairs 6. Professional inspection for the rest by experts in conjunction with City Inspector thoroughly and carefully — nof done to date — not possible 7. Complete work — painting projecfed date December 15t`' to finish for final inspection — re-evaluated due to special circumstances mentioned (tom up impassable street and re-organization of funds.) As outlined by Ms. Garber, there is staff concern regarding the comment about power cleaning and painting. The interior of the home is beyond power cleaning. Ms. Garber's son had indicated to the City Building Official that the home would be "gutted" and rebuilt. Conditions inside the home would require that approach. At this point, Ms. Garber identifies an inspection as being necessary, but not complete to date. As of this date, no inspection has been scheduled and no additional timeframes established, with the exception of a new self-imposed, unrealistic completion date. In a phone conversation with Ms. Garber, she indicated to staff that she believed the need for replacement of floor and wall materials to be debatable and subject to her inspecto�'s determination. These are not debatable improvements according to stafFs professional assessment of damage due to years of accumulated urine, fecal matter, and rot. Meanwhile, the home sits empty and still vulnerable to insects, rodents, and trespassers. � HEARING ON PROPERTY CONDITIONS, ABATEMENT OF THE NUISANCE, ASSESSMENT OF COSTS As you are aware, prior to the City expending public dollars to fix and then assess a property owner for correction of unsafe conditions, a public hearing must be held. As a result, the City Council did open a public hearing for this purpose on August 13th. At that time, staff recommended that the Council keep the hearing open until after a Hearing Officer returned with his/her opinion. The August 13th portion of the City Council's public hearing was a good opportunity to hear the concerns of citizens and to allow for a staff update to the Council. The hearing has remained open. Once the hearing is closed, Council may act on a resolution (later in Monday's meeting) approving City expenditure and assessment of the property. If Council chooses that alternative, the City will then ask for authorization from the Anoka County Court to either demolish the property or re-enter, make all necessary repairs and complete necessary clean-up, and assess the property for all costs. Staff anticipates costs of reconstructing fecal damage structural elements may exceed $70,000.00. The alternative of demolishing the house is not out of the question. Grant Fernelius estimates the cost of demolishing the structure will be $20,000. Unsafe structures can be demolished if the governing body deems that to be the best resolution for an unsafe condition. Frankly, full City inspection efforts were impeded by the amount of accumulated debris and personal items in the home. The home is unfit to live in at this time; however, the question of structural viability has yet to be answered. Staff believes that in spite of the Garbers' intentions, the hearing should be continued and a resolution approved. The resolution should authorize abatement and allow staff to proceed to Anoka County for Court authorization for abatement. If the abatement proves to be unnecessary, one does not need to be performed. If, on the other hand, abatement is necessary, we have not lost any time by proceeding in this fashion. STAFF RECOMMENDATION Staff recommends that the City Council continue the public hearing and take additional comments on November 19, 2001. �� L CfiY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 19, 2001 DATE: November 15, 2001 TO: William W. Burns, City Manager, ��r .� FROM: SUBJECT: Scott J. Hickok, Community Development Director Resolution Ordering Demolition of Hazardous Building at 5800 Tennison Drive N.E. BACKGROUND In June of this year, after the second inspection, an official determination was made that an unsafe building exists at 5800 Tennison Drive. The classification was due to an abundance of fecal matter (animal and human), open water/sewer systems, no working toilets or working sinks, questionable electrical service, a leaking natural gas line behind the dryer, and potential structural deficiencies due to years of structural abuse and the lack of maintenance. CURRENT STATUS To date, a re-roofing job has been completed, the chimney has been repaired on its exterior, a new garage door has been installed, and one 30-yard roll-off dumpster full of debris has been removed from the site. Another 30-yard dumpster's arrival was delayed by the street reconstruction on Tennison Drive. Contrary to Ms. Garber's comment at the August 30, 2001, hearing, the work was not complete by the anticipated date of October 15, 2001. Granted, street construction did limit the ability to get to and from the house for a period, but no apparent work, other than a new garage door, has commenced. A letter from Ms. Garber, written October 27 indicates that she is aware of the rest of the project as follows: 1. All doors and (garage) 2. Plumbing and e/ectrica! contracting 3. Removal of all unwanted items 4. Check and repair a/l windows 5. Professional power cleaning — ceiling repairs 6. Professional inspection for the rest by experts in conjunction with City Inspector thorough/y and carefully — not done to date — not possible 7. Complete work — painting projecfed dafe December 15th to finish for fina! inspection — re-evaluated due to special circumstances mentioned (tom up impassible street and reorganization of funds.) .• As outlined by Ms. Garber, there is staff concern regarding the comment about power cleaning and painting. The interior of the home is beyond power cleaning. Ms. Garber's son had indicated to the City Building Official that the home would be "gutted" and rebuilt. Conditions inside the home would require that approaeh. At this point, Ms. Garber identifies an inspection as being necessary, but not complete to date. As of this date, no inspection has been scheduled and no additional timeframes established, with the exception of a new self-imposed, unrealistic completion date. In a phone conversation with Ms. Garber, she indicated to staff that she believed the need for replacement of floAr and wall materials to be debatable and subject to her inspector's determination. These are not debatable improvements according to staff's professional assessment of damage due to years of accumulated urine, fecal matter, and rot. Meanwhile, the home sits empty and still vulnerable to insects, rodents, and trespassers. PROPERTY OWNERSHIP City records indicate that the property is solely owned by Ms. Garber and has no mortgage. The property is legally described as: Lot 8, Block 2, Parkview Heights Addition and is more commonly known as 5800 Tennison Drive. Ms. Garber will be served with the appropriate legal notice of Council's action. HAZARDOUS BUILDING STATUTES Under State law, the City can order the removal or repair of "hazardous" buildings. The process works as follows: 1) Council adopts a resolution ordering the demolition or repai� of the property. Resolution identifies the substandard conditions of the property and allows the owner to correct /demolish the structure within 20 days (December 10, 2001). The resolution describes the actions the Council will take if the owner fails to respond. 2) Owner of record is notified of the Council's order. 3) If the owner does not respond by the deadline and take action, the City would go to court to enforce its order. If the owner does not contest the issue, the Court can issue an order to enforce the City's resolution. The judge will then set a date upon which time the City can proceed with the demolition. 4) Demolition occurs and the costs are assessed against the property. RECOMMENDATION Staff recommends approval of the attached resolution ordering demolition of 5800 Tennison Drive N.E. Note that in the resolution - Staff recommends that since in her letter of October 27, 2001, the owner of the property stated that she will have all matters resolved and the home ready to occupy by December 15, 2001, that Council allow that date to be the date certain for completion, rather than December 10, 2001, as prescribed by the statutory 20-day date from the approval of the Council resolution. M-01-176 � RESOLUTION NO. -2001 RESOLUTION ORDERING THE REMOVAL OR REPAIR OF A HAZARDOUS BUILDING, PURSUANT TO MINNESOTA STATUTES SECTION 463, LOCATED WITHIN THE CITY OF FRIDLEY, NIINNESOTA BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows: In the matter of the Hazardous Building Located at 5800 Tennison Drive N.E.: Legally described as Lot 8, Block 2, Parkview Heights Addition, Anoka County, as on file and of record in the County Recorder's office of said County. TO: Shelley Alice Garber and any other persons claiming an interest in the above- described premises 1. Pursuant to Fridley Municipal Process, the option of a hearing by an independent officer was given to the homeowner. The option was utilized by the homeowner and the hearing officer found the following: * The residence of Shelley Garber at 5800 Tennison Drive N.E. in the City of Fridley is an unsafe building and a public nuisance within the meaning of the Uniform Building Code and Fridley City Code Section 110.02 * The City's actions were justified and in accordance with applicable laws. 2. Pursuant to Minnesota Statutes, Section 463.15 to 463.61 the Council of the City of Fridley, having duly considered the matter, finds the above-described building to be a hazardous building for the following reasons: In June of this year, after two separate detailed inspections, an official determination was made that an unsafe building exists at 5800 Tennison Drive. The classification was due to an abundance of fecal matter (animal and human), open water/sewer systems, no working toilets or working sinks, questionable electrical service, a leaking natural gas line behind the dryer, and potential structural deficiencies due to years of structural abuse and the lack of maintenance. In particular, the defects within the premises that were expressly found to violate the provisions of the State Building Code, as adopted by this City, and the nuisance provisions of the Fridley Code of Ordinances, include, but are not limited to the following: a. The home must be exterminated properly. A professional exterminator will be required and proof must be provided the City to assure that the potential rodent/insect risk has been contained the home must be free of a11 dangerous/unhealthy clutter. 51 b. All entry points for animals (floor grates, so�ts, etc.) must be fixed to eliminate risk of entry. c. All feces and urine-saturated elements must be removed from the site (including doors, sheetrock walls, and floor boards —finished and sub floor, and any structural elements found to be damaged or inadequate). Components must then be replaced to assure safe conditions inside home. (Building Permits required) d. All utility gas, water, and electric permits must be obtained and systems restored. e. Smoke detectors must be installed and operable. £ All points of entry must be repaired (i.e. doors, windows, etc.) g. No outdoor storage or evidence of displacement of internal components shall be evident. h. All final inspections for building, plumbing, gas, and electric permits shall be requested and all items completed so final approval is received. i. All outdoor storage removed if incompatible with Code requirements. j. Front yard landscape to be trimmed or removed in azeas where driveway visibility is impaired as a result. k. Home must not be left abandoned as public nuisance. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19TH DAY OF NOVEMBER 2001. ATTEST: DEBRA A. SKOGEN — CITY CLERK SCOTT J. LUND — MAYOR 52 � � G7'Y OF FRIDLEY TO: FROM: SUBJECT: AGENDA ITEM COUNCIL MEETING OF NOVEMBER 19, 2001 WILLIAM W. BURNS, CITYMANAGER��1v� RICHARD D. PRIBYL, FINANCE DIRECTOR WATER RATE INCREASE FOR 2002 Date: November 14, 2001 As part of the budget work done this year we indicated that the Water Fund has not seen an increase in rates since 1996. This fund's operating income after payment of its debt has been operating at a deficit. We are recommending an increase for 2002, but because of the recent local initiative to limit the amount we can increase the rates, it will be limited to 4%. We are recommending that the water rates be increased to $1.04 for the consumption under 5,000,000 gallons and $1.09 for consumption over 5,000,000 gallons per quarter. This increase would be effective the first billing in January of 2002. Staff is recommending the water rate change for 2002. RDP/me Attachment 53 1 � CRY OF fRIDLE7 TO: FROM: SUBJECT: AGENDA ITEM COUNCIL MEETING OF NOVEMBER 19, 2001 WILLIAM W. BURNS, CITYMANAGER ��U�� RICHARD D. PRIBYL, FINANCE DIRECTOR STORM WATER RATE INCREASE FOR 2002 Date: November 14, 2001 As part of the budget work done this year we indicated that the Storm Water Fund has not seen an increase in the REF rate since 1996. This fund is projected to be operating at a loss without an increase. We are recommending an increase for 2002, but because of the recent local initiative we are limited to an increase of 4%. We aze recommending that the REF factor be increased to $8.73 per quarter. You might recall that a residential lot was defined to be 1/3 of an REF acre. The quarterly cost for storm water would then be $2.91 per quarter for a residential lot. This increase would be effective the first billing in January, 2002. Staff is recommending the storm water rate change for 2002. RDP/me Attachment 57 � AGENDA ITEM �oF CITY COUNCIL MEETING OF NOVEMBER 19, 2001 FRIDLEY I NFORMAL STAT US REPORTS 59