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06/14/2004 - 4593r a CffY OF FRIdLEY FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 2004 7:30 p.m. — City Council Chambers Attendance Sheet Please print name address and item number vou are interested in. Print Name (Clearly) Address Item No. ��.,1...�� ,� � .� � , �- , t -�c�.�; ; �d'� � �� f ti✓.��.f' C.�� /l�L � _ �� ; ., > � . s- � f ��e.� � �' ' �' a - � , .�-� ��.r , � � CITY COUNCIL MEETING OF JUNE 14, 2004 CffY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, 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. LEGISLATIVE UPDATE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 24, 2004 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of May 19, 2004 ................................................................................... 1- 3 2. Variance Request, VAR #04-05, by Gary Peterson and Michael Jackson, to Reduce the South Side Yard Setback from 5 Feet to 3.34 Feet to Allow the Construction of a Building Addition, to Reduce the North Side Yard Setback from 5 Feet to 3.34 Feet to Recognize a Pre-Existing Non-Conformity, and to Reduce the Front Yard Setback from 35 Feet to 31.6 Feet to Recognize a Pre-Existing Non-Conformity, Generally Located at 7865-7869 Beech StreetN.E. (1Nard 3) .......................................................................................... 4- 13 FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 2004 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS fCONTINUED): 3. Special Use Permit Request, SP #04-04, by Gary Peterson, to Increase the Lot Coverage Requirement From 40 Percent to 48% Percent, to Allow the Construction of a Building Addition, Generally Located at 7865-7869 Beech Street N.E. (1Nard 3) ................................................................................ 14 - 18 0 4. Approve 2004 Agreement for Residential Recycling Program between the City of Fridley and County of Anoka....................................................................................................... 19 - 25 5. Resolution Designating Polling Places for the 2004 Primary and General Elections .......................................................................... 26 - 27 6. Appointment to Environmental Quality and Energy Commission....................................................................................................... 28 7. Appointment — City Employee ............... 29 � .............................................................. 8. Claims ....................................................................................................... 30 FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 2004 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Licenses ....................................................................................................... 31 - 37 10. Estimates ....................................................................................................... 38 ADOPTION OF AGENDA. OPEN FORUM (VISITORSI: Consideration of Items not on Agenda — 15 Minutes NEW BUSINESS: 11. Informal Status Reports ..................................................................................... 39 ADJOURN. CITY OF FRIDLEY CITY COUNCIL MEETING MAY 24, 2004 The regular meeting of the Fridiey 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-at-Large Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Richard Pribyl, Finance Director Deb Skogen, City Clerk Fritz Knaak, City Attorney Rebecca Brazys, Recording Secretary Don Findell, Charter Commission Member William Holm, Charter Commission Member Peter Borman, Charter Commission Member Tom Heck, Charter Commission Member Nancy Jorgenson, Charter Commission Member APPROVAL OF THE PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of April 26, 2004 Special City Council Meeting of May 17, 2004 Approved. NEW BUSINESS: 1. Receive the minutes from the Planning Commission meeting of May 5, 2004. Received. FRIDLEY CITY COUNCIL MEETING, MAY 24, 2004 Page 2 of 8 2. Preliminary Plat Request, PS #04-02, by John and Sandra Capretz, to divide one single family lot into two single family lots, generally located at 7335 East River Road NE (Ward 3). Dr. Burns, City Manager, stated the petitioners are seeking to replat their property into two single-family lots. The Planning Commission held a public hearing on May 5, 2004, and approved the plat request by a unanimous vote, subject to 12 stipulations. Staff recommends Council's approval. Approved Preliminary Plat Request #04-02, by John and Sandra Capretz, with the following 12 stipulations: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Property owner of record shall obtain all necessary permits prior to construction. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. Property owner of record at time of building permit application shall obtain a permit from Anoka County for any work done within the county right of way. Petitioner to properly maintain Lot #1 until sale occurs. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. Petitioner shall provide easements as shown on preliminary plat drawing. Grading and drainage plan to be approved by City's engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. Each property shall have their own access onto East River Road, defined and separated with B6-18 curb drops and aprons. Access to Lots 1 and 2 shall be made within 30 feet of their comr�on properiy lines. Property owner of record at time of building permit application to obtain residential access permit from Anoka County Highway Department for the new access to Lot 1. Each property shall be accessed through proper, legal driveways. 3. Preliminary Plat Request, PS #04-03, Inc., to allow the construction of a located at 5542 Fifth Street NE (Ward by Jay Windschitl, Tradition Homes, four-plex on the properly, generally 1). Dr. Burns, City Manager, stated the petitioner wants to create five lots from three lots and a portion of a fourth lot. The Planning Commission held a public hearing FRIDLEY CITY COUNCIL MEETING, MAY 24, 2004 Page 3 of 8 at their May 5, 2004, meeting and granted their unanimous approval, subject to 11 stipulations. Staff recommends Council's approval. Approved Preliminary Plat Request PS #04-03 for Jay Windschitl, Tradition Homes, Inc., with the following 11 stipulations: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. All landscaped areas shall have irrigation installed. Brick on building elevations shall be extended up to the banding element above the garages (shown on submitted elevations). A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. Individual services will be required for each unit. Petitioner shall provide easements as shown on preliminary plat. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. Association documents to be filed with final plat. A Development Agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 4. Resolution No. 2004-31 general fund, special r� year ended 2003. Authorizing final changes in appropriations for the venue funds and capital improvement fund for the Dr. Burns, City Manager, stated the line items in the resolution represent final revenue and expenditure adjustments necessary to bring the 2003 budget in alignment with actual revenues and expenditures. Staff recommends Council's approval. Adopted Resolution No. 2004-31. 5. Resolution No. 2004-32 in support of an application for a Minnesota Lawful Gambling Premise permit for the Church of the Immaculate Conception (Knights of Columbus, 6831 Highway 65 NE) (Ward 2). Dr. Burns, City Manager, stated this is a renewal application that would run from July 1, 2004, to June 30, 2006. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING, MAY 24, 2004 Page 4 of 8 Adopted Resolution No. 2004-32. 6. Appointment — City Employees. Dr. Burns, City Manager, stated staff is recommending the appointment of Rebecca Brazys to the position of Licensing and Records Technician. Rebecca has been serving as Council Secretary and will continue in that role as well as in the role of full-time employee. Prior to coming to Fridley, Rebecca worked as an executive secretary for Scherer Brothers Lumber and Old Home Foods. She also worked for Porter County, Indiana, as an administrative assistant and secretary for ten years. Rebecca holds an Administrative Staff Certificate from the Carlson School of Management at the University of Minnesota. Approved the appointment of Rebecca Brazys to the position of Licensing and Records Technician. Dr. Burns, City Manager, stated staff recommends the appointment of Gina Saucedo to the position of Fridley Police Officer that was vacated by the promotion of Jim Mork to Sergeant. Gina graduated from St. Paul Central High School in 1990. After high school, she attended cosmetology school and became a certified cosmetologist. She developed an interest in law enforcement and began taking law enforcement classes in 1997. She graduated from North Hennepin Community College with a degree in Law Enforcement in 2000. After completion of police skills training in St. Paul, she worked as a security officer for American Security and as an Office Technician and CSO for the City of Robbinsdale. In 2003, Gina began working as a licensed police officer for the Mille Lacs Tribal Police Department. Approved the appointment of Gina Saucededo to the position of Fridley Police Officer. 7. Claims. Approved Claim Nos. 116537 through 116728. 8. Licenses. Approved the licenses as submitted and as on file. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the consent agenda as presented. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING, MAY 24, 2004 Page 5 of 8 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve the agenda as presented. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. OPEN FORUM (VISITORS): Consideration of items not on the agenda — 15 minutes. Peter Eisenzimmer, 6535 Oakley Drive N.E., questioned why there was a Council meeting held on May 17 when the Council indicated at its April 26 meeting that there would be no more Council meetings until May 24. Mayor Lund explained the May 10 Council meeting was cancelled due to a lack of business. A meeting was posted for May 17 to give the Council the opportunity to approve claims. That was the only business discussed at that very brief ineeting. Derick Jones stated he deejays at Sharx Nightclub, but because this club is located in Fridley, it is difficult to compete with nearby Minneapolis clubs that are allowed to stay open to the later hour of 2:00 a.m. He wanted to express his support for the 2:00 a.m. closing. Mayor Lund stated the Council did, meet with some of the bar owners earlier this evening at an advertised conference session. The Council is considering this matter. Councilmember Bolkcom stated once staff has time to make some ordinance changes, the information will be shared with all Fridley establishments that have a liquor license. PUBLIC HEARING: 9. Consideration of an ordinance amending Section 7.02, Power of Taxation, of the Fridley City Charter (continued April 26, 2004). MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to remove this matter from the table. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously to open the public hearing at 7:40 p.m. Mr. Pribyl, Finance Director, commented that the publication for this hearing ran twice; May 6 and May 13. Don Findell, 6850 Siverts Lane N.E., Charter Commission member, stated he does not have a formal presentation. He said they are simply trying to amend the charter so that FRIDLEY CITY COUNCIL MEETING, MAY 24, 2004 Page 6 of 8 utilities will be removed from Section 7.03 and Council has the ability to raise utility fees without going back to the voters. Peter Eisenzimmer, 6535 Oakley Drive N.E., stated that he believes any rate increases should be brought back to the voters. He is concerned that costs will continue to go up each year. Bill Holm, 7424 Melody Drive N.E., Charter Commission Member, stated it is critical that the City be able to run its utilities as a business. Like Xcel Energy and Minnegasco, the City needs to provide services and should not be subsidizing this at the expense of other City services. The only difference befinreen this proposal and private utilities is that the City just wants to break even, not to make a profit. Going through an election process is very cumbersome for running a business when you have rate increases that come at times that are not convenient for elections. If the voters do not fully understand the issue and turn it down, the City runs the risk of placing other critical services in jeopardy, such as fire, police, or street maintenance. This amendment is entirely in order. It is not inconsistent with what was approved by voters in the 2000 referendum because there was no reference to utilities being included in those restrictions. Scott Heck, 6032 — 2'/z Street N.E., Charter Commission member, commented this matter was not approved by a unanimous vote of the Charter Commission. Also, the City staff brought this matter to the Charter Commission. Peter Borman, 120 River Edge Way N.E., Charter Commission member, stated he agrees that the City is doing a good job maintaining appropriate charges for services. He is in favor of changing the Charter to allow the City to do the job they are supposed to do. This amendment allows the City to pass costs on to the citizens for fees over which they have no control. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to close the public hearing. Upon a voice vote all voting aye, Mayor Lund declared the public hearing closed at 7:55 p.m. OLD BUSINESS: 10. First reading of an ordinance amending Section 7.02, Power of Taxation of the Fridley City Charter (tabled April 26, 2004). MOTION by Councilmember, seconded by Councilmember Wolfe, to remove this from the table. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING, MAY 24, 2004 Page 7 of 8 Councilmember Billings stated it has been suggested that the Council not vote on this but should send it to the voters for approval. It is his understanding that the Charter Commission by a majority vote can make recommendations to the City Council. If the Charter Commission wishes to take it to the voters, they need to have a full compliment of Charter Commission members. He asked if the Charter Commission would have a full compliment of inembers. Mr. Findell replied that the Charter Commission researched the procedure and determined that the Charter Commission meetings require a quorum, 7 of the 15 members, and only a majority of the members voting is required to move a matter on to the next step. Councilmember Billings asked if the City Council has the option of referring it to the voters. He said it is his understanding that the only action the Council can take is to act on the amendment before them and that it requires a unanimous vote for approval. Mr. Heck stated the Charter Commission will have a full compliment of inembers but there would not be time for them to meet before the upcoming elections. Deb Skogen, City Clerk, said she contacted the League of Minnesota Cities to see how the Charter Commission could amend an ordinance if the Council does not adopt a first reading. She explained the Charter Commission can amend the ordinance similar to that of bringing in a new charter. A majority of their members can vote and it does not have to be a unanimous vote. They would present a certificate to the City Clerk stating they would like to see the matter placed on the November ballot for the next general election. She would then present it to the City Council which would determine whether or not it would go to the electorate. There are four different ways the Council can amend the charter: 2 � 4 Charter Commission can recommend an ordinance amendment to the City Council as is being done tonight. 5% of the voters can have a petition group, which is what happened in 2000. The Charter Commission themselves can recommend an amendment. The City Council can recommend that the Charter Commission look at an amendment and bring it back to the City Council. Ms. Skogen said if the Council chooses not to adopt the first reading, the Charter Commission can recommend an amendment and that would have to be presented to the County by August 20, 2004. If the Council adopted this ordinance and a valid petition was considered, they have 60 days from the date of publication to get enough signatures. The Charter Commission has no regular meetings during the summer, but based on what occurs at this meeting, they may reconvene and call a special meeting if necessary. FRIDLEY CITY COUNCIL MEETING, MAY 24, 2004 Page 8 of 8 Mr. Knaak, City Attorney, explained that Ms. Skogen correctly stated the options available to the Council this evening, which is either to accept or reject the proposal brought by the Charter Commission. If the Council members do not all vote to approve, it would be rejected and the matter would return to the Charter Commission. Nancy Jorgenson, 5730 Polk Street N.E., Charter Commission member, stated one of her concerns related to this amendment is that it will not go before the electorate. The Charter Commission prepared an alternate amendment in the event they did not pass the proposed amendment or if 252 registered voters decide to rescind the ordinance. If a valid petition does come forward to revoke the ordinance, it could still be on the ballot in November so utility rates could be raised to pay for the increased costs. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve Ordinance amending Section 7.02, Power of Taxation of the Fridley City Charter as presented. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. NEW BUSINESS: 11. Informal Status Reports. Mayor Lund stated that Fridley `49er Days will take place June 16 through 20. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe to adjourn. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously, and the Fridley City Council meeting adjourned at 8:10 p.m. RespectFully submitted, Rebecca Brazys Scott J. Lund Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MAY 19, 2004 CALL TO ORDER Chairperson Savage called the May 19, 2004, Planning Commission meeting to order at 7:35 p.m. ROLL CALL Members present: Barbara Johns, Larry Kuechle, David Kondrick, Diane Savage, Dean Sabo, and Leroy Oquist. Others present: Stacy Stromberg, City Planner Rebecca Brazys, Recording Secretary Tom Peterson, Petitioner Representative APPROVE PLANNING COMMISSION MINUTES - May 5, 2004 MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the May 5, 2004 Planning Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING 1. Consideration of a Special Use Permit, SP #04-04, by Gary Peterson, to increase the lot coverage requirement from 40% to 48% to allow the construction of a building addition, generally located at 7865-69 Beech Street NE. MOTION by Mr. Saba, seconded by Mr. Kondrick, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:35 PM. Ms. Stromberg stated the petitioner, Gary Peterson of Franklin Builders, Inc., is seeking a special use permit to increase the lot coverage requirement from 40% to 48% to altow the expansion of his existing building, which is located at 7865-69 Beech Street. This property is zoned S-3, Heavy Industrial, Onaway Addition, as are all surrounding properties. It is located on Beech Street, south of 79th Avenue. The existing building was constructed in 1969 and an entry was added in 1989. In 1998, the City created a new zoning district for industrial lots below one and one half acres in size, with special attention to the Onaway Addition. The creation of this zoning district allowed lots in the Onaway Addition to become in-compliance with the code as it recognized the small lot sizes. Ms. Stromberg explained the petitioner is seeking a special use permit to increase the lot coverage requirement from 40% to 48% to allow the construction of a 10 ft. by 68 ft. building addition which will be used for additional storage space. The existing property is 10,849 square feet and the existing building is 4,502 square feet, which is already over the 40% lot coverage requirement by 1%. The petitioner plans to construct a 10 ft. by 68 ft. (680 square foot) addition which increases the lot coverage to 48%, thus the need for a special use permit. 1 CITY OF FRIDLY PLANNING COMMISSION MEETING, MAY 20, 2004 Page 2 of 3 Ms. Stromberg stated the code requires that a special use permit may be granted as long as the property is meeting all other code requirements. As part of this special use permit approval, the petitioner will need to come into compliance with all landscaping requirements. The property does not meet side yard or front yard setback requirements, however, the petitioner has applied for a variance to those requirements and the Appeals Commission unanimously approved the variance on May 12, 2004.The variance request will be before the City Council on June 14, 2004, with this special use permit request. Ms. Stromberg also explained that the petitioner currently has a semi-trailer located on the south side of the building for storage purposes. In 2002, the City Council adopted an ordinance to allow limited outdoor storage in all industrial districts with a special use permit, as long as specific requirements are being met. One of those requirements states that the special use permit for limited outdoor storage shall not permit the outside storage of semi-trucks, semi- trailers, or heavy construction equipment. As a result, the petitioner will have to remove his existing semi-trailer being used for storage. Therefore, the petitioner is requesting the special use permit to increase the lot coverage requirements from 40 to 48% to construct a 10 ft. by 68 ft. addition to the building, which will be used for the storage of wood products related to his business. Ms. Stromberg reported that City staff has not heard from any of the neighboring property owners. Ms. Stromberg stated that City staff recommends approval of this special use permit request as an increase in lot coverage for a one story building from 40% to 50°/a is a permitted special use in the S-3 zoning district, provided all other code requirements are met. Ms. Stromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall obtain any required permit prior to the start of construction. 2. Landscape plan to be submitted and approved by City staff prior to issuance ob a building permit. 3. No outdoor storage of equipment or materials is permitted without first obtaining a special use permit. 4. Petitioner to comply with all building, zoning and fire code requirements. 5. Building to be sprinkled as per State Building Code, Chapter 1306. 6. Grading and drainage pfan to be submitted and approved by City engineering staff prior to issuance of a building permit. 7. Addition to be architecturally compatible with the existing building and finished with complernentary siding and color scheme. Mr. Oquist asked if this special use permit is denied, will the petitioner have to remove the semi- trailer on his property. Ms. Stromberg replied that yes, he would have to remove it. Tom Peterson, the petitioner's representative, stated they have no objections to the stated stipulations. He asked about other construction equipment being stored in their gated area. Ms. Stromberg replied that in order to have outside storage, the petitioner would have to obtain an additional Special Use Permit. She added that had she known about this, the outdoor storage special use permit could have been combined with this special use request. Mr. Peterson stated the equipment sits out only occasionally when they can't get it in the building. � CITY OF FRIDLY PLANNING COMMISSION MEETING, MAY 20, 2004 Page 3 of 3 Ms. Johns asked if the equipment is only outdoors part of the time, would a special use permit still be required. Ms. Stromberg stated if the storage occurs occasionally, a special use permit would not be required, but if it sits out every day, they would have to request the special use permit. Mr. Kondrick suggested the petitioner discuss this with the City staff. MOTION by Mr. Kondrick, seconded by Mr. Oquist to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION TO CLOSE THE PUBLIC HEARING CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:45 PM. Mr. Kondrick stated he has been on this property many times and he has no objections to this proposaL MOTION by Mr. Saba, seconded by Mr. Kondrick, to approve Special Use Permit SP #04-04 by Gary Peterson to increase the lot coverage requirement from 40% to 48% to allow the construction of a building addition generally located at 7865-69 Beech Street NE with the following stipulations: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. Landscape plan to be submitted and approved by City staff prior to issuance of a building permit. 3. No outdoor storage of equipment or materials is permitted without first obtaining a special use permit. 4. Petitioner to comply with all building, zoning and fire code requirements. 5. Building to be sprinkled as per State Building Code, Chapter 1306. 6. Grading and drainage plan to be submitted and approved by City engineering staff prior to issuance of a building permit. 7. Addition to be architecturally compatible with the existing building and finished with complementary siding and color scheme. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT MOTION by Mr. Saba, seconded by Mr. Kondrick to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 7:48 PM. Respectfully submitted, 1�� Rebecca Brazys Recording Secretary 3 : AGENDA ITEM CITY COUNCIL MEETING OF JUNE 14, 2004 CffY OF FRIDLEY Date: June 4, 2004 To: William Burns, City Manager � �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #04-05, Gary Peterson and Michael Jackson, 7865- 69 Beech Street M-04-68 INTRODUCTION The petitioner, Gary Peterson of Franklin Builders, Inc., is seeking a variance to reduce the north side yard setback from 5 feet to 3.4 feet to recognize a pre-existing non- conformity at his property, which is located at 7865-69 Beech Street. The petitioner is also seeking a variance to reduce the south side yard setback from 5 feet to 3.34 feet to allow the construction of a 10 ft. by 68 ft. building addition. Additionally, a variance is being sought to reduce the front yard setback from 35 feet to 31.6 feet to recognize a pre-existing non-conformity. APPEALS COMMISSION RECOMMENDATIONS At the May 12, 2004, Appeals Commission meeting, a public hearing was held for VAR #04-05. After a brief discussion, the Appeals Commission recommended approval of all three variance requests, with the stipulations as presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Appeals Commission. STIPULATIONS 1. The petitioner shall obtain any required permit prior to the start of construction. 2. Landscape plan to be submitted and approved by City staff prior to issuance of a building permit. 3. No outdoor storage of equipment or materials is permitted without first obtaining a special use permit. � 4. Petitioner to comply with all building, zoning and fire code requirements. 5. Building to be sprinkled as per State Building Code, Chapter 1306. 6. Grading and drainage plan to be submitted and approved by City engineering staff prior to issuance of a building permit. 7. Addition to be architecturally compatible with the existing building and finished with complementary siding and color scheme 5 City of Fridley Land Use Application VAR #04-05 May 12, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Gary Peterson Franklin Builders 3712 Lincoln Street NE Columbia Heights MN 55421 Requested Action: Variances to reduce the side yard setbacks and the front yard setback. Existing Zoning: S-3, Heavy Industrial, Onaway Addition Location: 7865-69 Beech Street Size: 10,849 sq. ft. .25 acres Existing Land Use: Industrial building Surrounding Land Use & Zoning: N: Industrial 8 S-3 E: Industrial & S-3 S: Industrial & S-3 W: Industrial & S-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.25.6.D.(2) requires a side yard setback of not less than five (5) feet. Section 205.25.6.D.(1) requires a front yard setback of not less than thirty-five (35) feet for all permitted buildings. Zoning History: 1911 — Lot is platted. 1969 — Building constructed. 1989 — Entry constructed. Legal Description of Property: Lots 20 & 21, Block 2, Onaway Addition Public Utilities: Building is connected. Transportation: Beech Street and the alley behind the building provide access to the property. Physical Characteristics: Lot consists of building, hard surface parking areas, and a small grassy area in front of the buildinq. � SUMMARY OF PROJECT The petitioner, Mr. Peterson, of Franklin Builders, is seeking three variances. 1. To reduce the north side yard setback from 5 feet to 3.4 feet to recognize a pre-existing non-conformity at his property. 2. To reduce the south side yard setback from 5 feet to 3.34 feet to allow the construction of a 10 ft. by 68 ft. building addition. 3. To reduce the front yard setback from 35 feet to 31.6 feet to recognize a pre- existing non-conformity. SUMMARY OF HARDSHIP "We are requesting a variance because we need additional storage space. We have been in this location since 1983 and would like to stay in Fridley. We had a semi-trailer alongside the building for many years, which was used for storage, and with the city changing the ordinance related to outdoor storage, we had to remove it. This creates our need forstorage once again." - Gary Peterson SUMMARY OF ANALYSIS City Staff recommends approval of this variance, as these variances shouldn't be precedent setting for existing or future industrial properties. This situation is unique to this property and to the Onaway zoning district. Two of the variances are simply cleaning up non-conformities and the other variance is a!lowing the petitioner to comply with other code requirements. CITY COUNCIL ACTION/ 60 DAY DATE City Council — June 14, 2004 60 Day — June 7, 2004 (Existing Building) Staff Report Prepared by: Stacy Stromberg VAR #04-05 REQUEST The petitioner, Gary Peterson, of Franklin Builders, Inc., is seeking a variance to reduce the north side yard setback from 5 feet to 3.4 feet to recognize a pre- existing non-conformity at his property, which is located at 7865-69 Beech Street. The petitioner is also seeking a variance to reduce the south side yard setback from 5 feet to 3.34 feet to allow the construction of a 10 ft. by 68 ft. building addition. While preparing the analysis for this report, staff also noted that the building doesn't meet front yard setback requirements. Therefore, however, not noted by the petitioner, a variance is also being sought to reduce the front yard setback from 35 feet to 31.6 feet to recognize a pre-existing non-conformity. ANALYSIS AND CODE REQUIREMENTS The subject property is zoned S-3, Heavy Industrial, Onaway Addition as are all surrounding properties. It is located on Beech Street, south of 79th Avenue. The existing building was constructed in 1969 and an entry was added in 1989. In 1998, the City created a new zoning district for industrial lots below one and one half acres in size, with special attention to the Onaway Addition. The creation of this zoning district allowed lots in the Onaway Addition to become in-compliance with the code as it recognized the small lot sizes. Existing Building % In the Onaway zoning district, the city code requires a side yard setback of not less than 5 feet. As stated above, the petitioner is seeking a variance to reduce the north side yard setback from 5 feet to 3.4 feet to recognize the existing location of the building (pre-existing non-conformity). The petitioner is also seeking a variance to reduce the south side yard setback from 5 feet to 3.34 feet to allow the construction of a 10 ft. by 68 ft. building addition. Currently, the petitioner has a semi-trailer located on the south side of the building for storage purposes. In 2002, the City Council adopted an ordinance to allow limited outdoor storage in all industrial districts with a special use permit as long as specific requirements are being met. One of those requirements states that the special use permit for limited outdoor storage shall not permit the outside storage of semi-trucks, semi-trailers, or heavy construction equipment. As a result, the petitioner will have to remove his existing semi- trailer, of which he uses for storage. Therefore, the petitioner is requesting the existing variance to construct a 10 ft. by 68 ft. addition to the building which will be used for the storage of wood products related to his business. City Code also requires a front yard setback of not less than 35 feet. The building when originally constructed in 1969, met the setback requirements, however, the entry addition in 1989, which was issued a building permit failed to meet the front yard setback requirement. The city code does allow vestibules to extend into the front yard, not more than 5 feet, if it doesn't exceed 50 square feet. The entryway is 51 square feet, therefore, the petitioner is seeking a variance to reduce the front yard setback from 35 feet to 31.6 feet to recognize an existing non-conformity. The petitioner is also seeking a special use permit to increase the lot coverage requirement from 40% to 48%, to allow the explanation of the existing building to be used as storage space. This item will go before the Planning Commission on May 19, 2004. Granting these variances shouldn't be precedent setting for existing or future industrial properties. This situation is unique to this property and to the Onaway zoning district. Two of the variances are simply cleaning up non-conformities and the other variance is allowing the petitioner to comply with other code requirements. City staff hasn't heard from any neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this variance, as these variances shouldn't be precedent setting for existing or future industrial properties. This situation is unique to this property and to the Onaway zoning district. Two of the variances are simply cleaning up non-conformities and the other variance is allowing the petitioner to comply other code requirements. � STIPULATIONS Staff recommends that if the variances are granted, the following stipulations be attached. 1. The petitioner shall obtain any required permit prior to the start of construction. 2. Landscape plan to be submitted and approved by City staff prior to issuance of a building permit. 3. No outdoor storage of equipment or materials is permitted without first obtaining a special use permit. 4. Petitioner to comply with all building, zoning and fire code requirements. 5. Building to be sprinkled as per State Building Code, Chapter 1306. 6. Grading and drainage plan to be submitted and approved by City engineering staff prior to issuance of a building permit. 7. Addition to be architecturally compatible with the existing building and finished with complementary siding and color scheme. E CITY OF FRIDLEY APPEALS COMMISSION MEETING MAY 12. 2004 PUBLIC HEARING: 1. PUBLIC HEARING: VARIANCE REQUEST, VAR #04-05. BY GARY PETERSON AND MICHAEL JACKSON. Per Section 205.25.6.D.(2), of the Fridley Zoning Code, to reduce the side yard setback from 5 feet to 3.34 feet to allow the construction of a 10 ft. by 68 ft. building addition. Per Section 205.25.6.D.(2), of the Fridley Zoning Code, to reduce the side yard setback from 5 feet to 3.4 feet to recognize an pre-existing non-conformity. Per Section 205.25.6.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 31.6 feet to recognize a pre-existing non-conformity, legally described as Lots 20 & 21, Block 2, Onaway Addition, generally located at 7865-69 Beech Street NE. MOTION by Mr. Jones, seconded by Mr. Vos to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION TO OPEN THE PUBLIC HEARING CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:34 P.M. Ms. Stromberg explained the petitioner, Mr. Peterson of Franklin Builders, is seeking three variances. 1. To reduce the north side yard setback from 5 feet to 3.4 feet to recognize a pre-existing non-conformity at his property. 2. To reduce the south side yard setback from 5 feet to 3.34 feet to allow the construction of a 10 foot by 68 foot building addition. 3. To reduce the front yard setback from 35 feet to 31.6 feet to recognize a pre- existing non-conformity. Ms. Stromberg reviewed the petitioner's summary of hardship as follows: "We are requesting a variance because we need additional storage space. We have been in this location since 1983 and would like to stay in Fridley. We had a semi-trailer alongside the building for many years, which was used for storage, and with the city changing the ordinance related to outdoor storage, we had to remove it. This creates our need for storage once again." Ms. Stromberg stated the subject property is zoned S-3, Heavy Industrial, Onaway Addition as are all surrounding properties. It is located on Beech Street, south of 79"' Avenue. The existing building was constructed in 1969 and an entry was added in 1989. In 1998, the City created a new zoning district for industrial lots below one and one-half acres in size with special attention to the Onaway Addition. The creation of this zoning district allowed lots in the Onaway Addition to become in compliance with the code as it recognized the small lot sizes. In the Onaway zoning district, she explained, the city code requires a side yard setback of not less than 5 feet. As stated, the petitioner is seeking a variance to reduce the north side yard setback from 5 feet to 3.4 feet to recognize the existing location of the building (pre-existing non-conformity). 10 CITY OF FRIDLEY — APPEALS COMMISSION MEETING — MAY 12, 2004 PAGE 2 The petitioner is also seeking a variance, Ms. Stromberg stated, to reduce the south side yard setback from 5 feet to 3.34 feet to allow the construction of a 10 foot by 68 foot building addition. Ms. Stromberg stated that, currently, the petitioner has a semi-trailer located on the south side of the building for storage purposes. In 2002, the City Council adopted an ordinance to allow limited outdoor storage in all industrial districts with a special use permit as long as specific requirements are being met. One of those requirements states that the special use permit for limited outdoor storage shall not permit the outside storage of semi-trucks, semi-trailers, or heavy construction equipment. As a result, the petitioner will have to remove his existing semi- trailer. Therefore, the petitioner is requesting the existing variance to construct a 10 foot by 68 foot addition to the building which will be used for the storage of wood products related to his business. Ms. Stromberg stated that city code also requires a front yard setback of not less than 35 feet. The building, when originally constructed in 1969, met setback requirements. However, the entry addition in 1989, for which a building permit was issued, failed to meet the front yard setback requirement. The city code does allow vestibules to extend into the front yard, not more than 5 feet, if it doesn't exceed 50 square feet. The entryway is 51 square feet; therefore, the petitioner is seeking a variance to reduce the front yard setback from 35 feet to 31.6 feet to recognize an existing non-conformity. Ms. Stromberg explained that the petitioner is also seeking a special use permit to increase the lot coverage requirement from 40% to 48% to allow the expansion of the existing building to be used as storage space. This item will go before the Planning Commission on May 19, 2004. Ms. Stromberg stated City Staff recommends approval of the variances as these variances shouldn't be precedent setting for existing or future industrial properties. This situation is unique to this property and to the Onaway zoning district. Two of the variances are simply cleaning up non-conformities and the other variance is allowing the petitioner to comply with other code requirements. Ms. Stromberg stated that staff recommends that if the variances are granted, the following stipulations be attached: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. Landscape plan to be submitted and approved by City Staff prior to issuance of a building permit. 3. No outdoor storage of equipment or materials is permitted without first obtaining a special use permit. 4. Petitioner to comply with all building, zoning and fire code requirements. 5. Building to be sprinkled as per State Building Code, Chapter 1306. 6. Grading and drainage plan to be submitted and approved by City engineering staff prior to issuance of a building permit. 7. Addition to be architecturally compatible with the existing building and finished with complementary siding and color scheme. Chairperson Kuechle asked if it is policy that if the building is not sprinkled, it must be when an addition is constructed. Ms. Stromberg stated that the code requires it. 11 CITY OF FRIDLEY — APPEALS COMMISSION MEETING — MAY 12, 2004 PAGE 3 Mr. Kuechle asked if the petitioner must contain all drainage on his site. Ms. Stromberg stated the petitioner is replacing hard surface with a roof so essentially it will be the same thing, but he'll have to provide gutters to prevent the water from going onto the neighboring properties. Gary Peterson, the petitioner, stated he started this process about a year ago and spoke with the city building inspector regarding the drainage. He suggested the building be guttered with the gutters running to the end of the lots on the east and west. He has already agreed to do that as well as the sprinkling requirement. Dr. Vos asked if the expansion to the side of the building block access to the rear of the property. Mr. Peterson explained there is an alley at the rear of the property which is heavily used. Mr. Jones asked if the overhead door on the existing building will be used by semi trucks for a loading dock. Mr. Peterson stated it is not that large, iYs only 8 feet by 8 feet. He explained he has a cube van that he hopes to be able to move the storage into the expansion so he can get the cube truck fully parked inside the building. MOTION by Mr. Jones, seconded by Mr. Zinter to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:43 P.M. Mr. Vos stated he visited the property and was impressed. He believes the proposed addition will be compatible with the area and that this is a good opportunity to get everything in compliance. Ms. Jackson stated she has no concerns. Mr. Jones stated he believes this is a good design for that area and it's bringing the property up to code with the sprinklers and drainage. Mr. Zinter stated the setbacks are so minimal; he would be in favor of this. MOTION by Mr. Jones, seconded by Ms. Jackson, to approve variance request VAR #04-05 with the following stipulations: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. Landscape plan to be submitted and approved by City staff prior to issuance of a building permit. 3. No outdoor storage of equipment or materials is permitted without first obtaining a special use permit. 4. Petitioner to comply with all building, zoning and fire code requirements. 5. Building to be sprinkled as per State Building Code, Chapter 1306. 6. Grading and drainage plan to be submitted and approved by City engineering staff prior to issuance of a building permit. 12 CITY OF FRIDLEY — APPEALS COMMISSION MEETING — MAY 12, 2004 PAGE 4 7. Addition to be architecturally compatible with the existing building and finished with complementary siding and color scheme. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Respectfully submitted, Rebecca Brazys Recording Secretary 13 � AGENDA ITEM � CITY COUNCIL MEETING OF JUNE 14, 2004 CRY OF FRIDLEY Date: June 4, 2004 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #04-04, Gary Peterson M-04-67 INTRODUCTION The petitioner, Gary Peterson of Franklin Builders, Inc., is seeking a special use permit to increase the maximum lot coverage requirement from 40% to 48%, to allow the construction of a 10 ft. by 68 ft. building addition. The addition located at 7865-69 Beech Street will be used for storage. The existing property is 10,849 square feet and the existing building is 4,502 square feet, which is already over the 40% lot coverage requirement, by 1%. The petitioner plans to construct a 10 ft. by 68 ft. (680 square foot) addition, which increases the lot coverage to 48%; thus, the need for a special use permit. The code requires that a special use permit may be granted as long as the property is meeting all other code requirements. As part of this special use permit approval, the petitioner will need to come into compliance with all landscaping requirements. The property does not meet side yard or front yard setback requirements; however, the petitioner has applied for a variance to those requirements, which the Appeals Commission unanimously approved on May 12, 2004. PLANNING COMMISSION RECOMMENDATION At the May 19, 2004, Planning Commission meeting, a public hearing was held for SP #04-04. After a brief discussion, the Planning Commission recommended approval of SP #04-04, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. 14 STIPULATIONS 1. The petitioner shall obtain any required permit prior to the start of construction. 2. Landscape plan to be submitted and approved by City staff prior to issuance of a building permit. 3. No outdoor storage of equipment or materials is permitted without first obtaining a special use permit. 4. Petitioner to comply with all building, zoning and fire code requirements. 5. Building to be sprinkled as per State Building Code, Chapter 1306. 6. Grading and drainage plan to be submitted and approved by City engineering staff prior to issuance of a building permit. 7. Addition to be architecturally compatible with the existing building and finished with complementary siding and color scheme. 15 City of Fridley Land Use Application SP #04-04 May 19, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Gary Peterson 3712 Lincoln Street NE Columbia Heights MN 55421 Requested Action: Special Use Permit to increase the allowable lot coverage in a S-3 zoning district from 40% to 48%. Existing Zoning: S-3 (Heavy Industrial, Onaway Addition) Location: 7865-69 Beech Street Size: 10,849 sq. ft. .25 acres Existing Land Use: Industrial building Surrounding Land Use & Zoning: N: Industrial & S-3 E: Industrial & S-3 S: Industrial & S-3 W: Industrial & S-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.25.06.C.(1).((a)) requires a special use permit for a one-story building in the S-3 zoning district to increase lot coverage from 40% to 50% of the lot area. Sec. 205.25.06.C.(4). requires that the petitioner meet all other ordinance requirements. Zoning History: 1911 — Lot is platted. 1969 — Building constructed. 1989 — Entry constructed. Legal Description of Property: Lots 20 & 21, Block 2, Onaway Addition Public Utilities: Business is connected. � Transportation: Beech Street and the alley behind the building provide access to the property. Physical Characteristics: Lot consists of building, hard surFace parking areas, and a small grassy area in front of the building. SUMMARY OF PROJECT Mr. Peterson, of Franklin Builders, is seeking a special use permit to increase the lot coverage requirement from 40% to 48%, to expand the existing building at 7865-69 Beech Street, to be used as storage space. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit request as an increase in lot coverage for a one story building from 40% to 50% is a permitted special use in the S-3 zoning district, provided all other code requiremenfs are met. CITY COUNCIL ACTION/ 60 DAY DATE City Council — June 14, 2004 60 Day — June 14, 2004 Staff Report Prepared by: Stacy Stromberg S P #04-04 RE UEST The petitioner, Gary Peterson, of Franklin Builders, Inc., is seeking a special use permit to increase the lot coverage requirement from 40% to 48%, to allow the expansion on his existing building, which is located at 7865-69 Beech Street. ANALYSIS AND CODE REQUIREMENTS The subject property is zoned S-3, Heavy Industrial, Onaway Addition as are all surrounding properties. It is located on Beech Street, south of 79th Avenue. The existing building was constructed in 1969 and an entry was added in 1989. In 1998, the City created a new zoning district for industrial lots below one and one half acres in size, with special attention to the Onaway Addition. The creation of this zoning district allowed lots in the Onaway Addition to become in-compliance with the code as it recognized the small lot sizes. Existing Building As stated above, the petitioner is seeking a special use permit to increase the lot coverage requirement from 40% to 48%, to allow the construction of a 10 ft. by 68 ft. building addition, which will be used for additional storage space. The existing property is 10,849 square feet and the existing building is 4,502 square feet, which is already over the 40% lot coverage requirement, by 1%. The petitioner plans to construct a 10 ft. by 68 ft. (680 square foot) addition, which increases the lot coverage to 48%, thus the need for a special use permit. 17 The code requir�s that a special use permit may be granted as long as the property is meeting all other code requirements. As part of this special use permit approval, the petitioner will need to come into compliance with all landscaping requirements. The property does not meet side yard or front yard setback requirements; however, the petitioner has applied for a variance to those requirements, which the Appeals Commission unanimously approved on May 12, 2004. The variance request will be before the City Council on June 14, 2004, with this special use permit request. Currently, the petitioner has a semi-trailer located on the south side of the building for storage purposes. In 2002, the City Council adopted an ordinance to allow limited outdoor storage in all industrial districts with a special use permit as long as specific requirements are being met. One of those requirements states that the special use permit for limited outdoor storage shall not permit the outside storage of semi-trucks, semi-trailers, or heavy construction equipment. As a result, the petitioner will have to remove his existing semi-trailer, of which he uses for storage. Therefore, the petitioner is requesting the special use permit to increase the lot coverage requirements from 40 to 48% to construct a 10 ft. by 68 ft. addition to the building, which will be used for the storage of wood products related to his business. City staff hasn't heard from any neighboring property owners. RECOMMENDATION City Staff recommends approval of this special use permit request as an increase in lot coverage for a one story building from 40% to 50% is a permitted special use in the S-3 zoning district, provided all other code requirements are met. STIPULATIONS Staff recommends that if the variances are granted, the following stipulations be attached. 1. The petitioner shall obtain any required permit prior to the start of construction. 2. Landscape plan to be submitted and approved by City staff prior to issuance of a building permit. 3. No outdoor storage of equipment or materials is permitted without first obtaining a special use permit. 4. Petitioner to comply with all building, zoning and fire code requirements. 5. Building to be sprinkled as per State Building Code, Chapter 1306. 6. Grading and drainage plan to be submitted and approved by City engineering staff prior to issuance of a building permit. 7. Addition to be architecturally compatible with the existing building and finished with complementary siding and color scheme. � � AGENDA ITEM � CITY COUNCIL MEETING JUNE 14, 2004 t7i7 dF FRIDLEY Date: June 7, �,004 To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner Subject• 2004 SCORE Recycling Funding Agreement Background: We have received the 2004 Anoka County Residential Recycling Agreement. This agreement allows us to receive up to $61,377.92 in state SCORE funds from Anoka County to subsidize the cost of our 2004 residential recycling expenses. This represents a 14 % drop in funding from the previous year. The dollar amount listed in the agreement is greater than this, however, as it includes $18,248.45 in unspent 2003 SCORE funds, which the County allowed Fridley to carry over into this year. This special one-time accommodation was approved by the County Board to help cities adjust to significant funding cuts last year. Staff has reviewed the 2004 agreement attached and finds no noticeable language changes from previous agreements. Recommendation: Staff recommends that the City Council approve this agreement at the June 14, City Council meeting for the City Clerk and Mayor's signatures so that the City will qualify for our first 2004 SCORE payment in July. M-04-73 �� Anoka County Contract # 2003-0254 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on 16th day of December, 2003, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the CTTY OF FRIDLEY, hereinafter referred to as the "MLTNICIPALTTY". WITNESSETH: WHEREAS, Anoka County has received $708,603 in funding from the Solid Waste Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds"); and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipaliry. 2. TERM. The term of this Agreement is from January 1, 2004 through December 31, 2004, unless eazlier terminated as provided herein. 3. DEFINITIONS. a. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a. b. "Multi-unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. c. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. § 115A.552. d. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. e. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, major appliances and vehicle batteries. f. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. � g. "Yazd waste" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 38. 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 2403 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a The Municipal recycling program shall include the following components: i. Each household (including multi-unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper, glass, plastic, metal and textiles. ii. � The recycling program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iu. The Municipality shall implement a public information program that conta.ins at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling prograzn; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community presentations are to be given on recycling. The public information components listed above must promote the focused recyclable material of the yeaz as specified by the County. The County will provide the Municipality with background material on the focused recyclable material of the y.ear. iv. The Municipality, on an ongoing basis, sha11 identify new residents and provide detailed information on the recycling opportunities available to these new residents. b. If the Municipality's recycling program did . not achieve the Municipality's recycling goals as established by the County for the prior calendaz yeaz, the Municipality shall prepare and submit to the County by Mazch 31, 2003, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. � 5. REPORTING. The Municipality sha11 submit the following reports semiannually to the County no later than July 20, 2004 and January 20, 2005: a. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been mazketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other �Z 1 programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported sepazately. b. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. c. Copies of all promotional materials that have been prepazed by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 6. BII.LING AND PAYMENT PROCEDURE. The Municipality shall submit itemized. invoices semiannually to the County for abatement activities no later than July 20, 2004 and January 20, 2005. Costs not billed by January 20, 2005 will not be eligible for funding. The invoices shall be paid in accordance with standazd County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $79,626.37. The project maximum for eligible expenses shall be computed as follows: a. A base amount of $10,000.00 for recycling activities only; b. $4.51 per household for recycling activities only; and c. unexpended funds cazried over from the Municipality's 2003 allocation. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended, in accordance with Minn. Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. ZZ e 9. AUDIT. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. GENERAL PROVISIONS. a. In perfornung the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special govemmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. b. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. c. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terins of this Agreement. d. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. , e. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. f. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. �3 g. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. h. The provisions of this Agreement aze severable. If any pazagraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. i. Nothing in this Agreement shall be construed as creating the relationship of co- � partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. " 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Comnussioners and State SCORE funds (Select Committee on Recycling and the Environment). . 12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality hannless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its - public officials, o�cers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 13. TERMINATION. This Agreement may be ternunated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date � of ternunation. If this Agreement is ternunated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as - said assets.aze used by the Municipality for the purpose of a landfill abatement program approved by the County. 5 24 IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: CITY OE FRIDLEY By: Name: Title: Date: By: Municipality's Clerk Date: Approved as to form and legality: �5 COUNTY OF ANOKA By: Dan Erhart, Chairman Anoka County Board of Commissioners Date: ATTEST: 7ohn "Jay" McLinden County Administrator Date: Approved as to form and legality: Assistant County Attomey � � AGENDA ITEM CITY COUNCIL MEETING OF JUNE 14, 2004 CfIY OF FRIDLEY To: William W. Burns b�,�(�(�' From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: June 8, 2004 Re: Resolution Designating Polling Locations for 2004 Elections As a result of redistricting, the City Council designated the polling locations for each precinct in 2002. According to state law, June 16, 2004 is the last day to change polling places prior to the primary Election. To ensure that we could continue to use the same polling places, staff contacted all of the polling locations and received authorization to use the same polling locations for the elections in 2004. Staff recommends adopting the attached resolution designating the polling locations for the 2004 election cycle. 26 � RESOLUTION NO. 2004- RESOLUTION DESIGNATING POLLING PLACES FOR THE 2004 PRIMARY AND GENERAL ELECTIONS WHEREAS, state law requires that June 16, 2004 is the last day to change polling places prior to the primary election; and ' WHEREAS, the city has received authorization to continue to use the same polling places for the 2004 election cycle as the year 2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley: SECTION 1. That on the 14th day of September 2004 and the 2nd day of November 2004, there shall be a Federal, Statewide and Municipal Primary and General Election: SECTION 2. That the polling locations for said election shall be established as follows: Ward 1 Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward 1 Precinct 4 Ward 2 Precinct 1 Ward 2 Precinct 2 Ward 2 Precinct 3 Ward 2 Precinct 4 Ward 2 Precinct 5 Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Grace Evangelical Free Church Hayes Elementary School Fridley Municipal Center Fridley Community Center Woodcrest Elementary School Knights of Columbus St. Philip's Lutheran church North Park Elementary School, Gym 1 North Park Elementary School, Gym 2 Springbrook Nature Center Redeemer Lutheran church Stevenson Elementary School Fridley Covenant Church SECTION 3. That the polling location will be open from 7:00 a.m. to 8:00 p.m. for the purpose of voting: PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF , 2004. ATTEST: DEBRA A. SKOGEN, CITY CLERK 2% SCOTT J. LUND, MAYOR � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JUNE 14, 2004 C OMMI S SI O N A PP OIN TME N T Environmental Qualitv and Enerqv Commission Paul Westby TERM EXPIRES: April 1, 2007 � 0 � � C(iY OF FRIDLEY Name Brandon O'Mara AGENDA ITEM CITY COUNCIL MEETING OF JUNE 14, 2004 Position Public Services Worker - Streets Non-Exempt Appointment Starting Salary $14.72 per hour 29 Starting Date June 15, 2004 Replaces Greg Skogen � � CXf1f OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF JUNE 14, 2004 CLAIMS 116731 - 117026 30 � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JUNE 14, 2004 LICENSES Type of License SOLICITOR Justin Lowery 10965 Mississippi Dr. Champlin, MN 55316 (Southwestern Company book sales) Jason Kinney 10965 Mississippi Dr. Champlin, MN 55316 (Southwestern Company book sales) _: AUCTION Michael Servetus Unitarian Society M.H. Williams 6565 Oakley Dr NE Fridley, MN 55432 ENTERTAINMENT CMME Dough Inc. dba Broadway Bar & Pizza 8298 University Av. NE Fridley, MN 55432 George Schrauth 49'ER DAYS MUSIC FESTIVAL / PUBLIC DANCE Peter Borman Fridley `49ers Festival 120 River Edge Way Fridley, MN 55432 31 Approved By• Planning Assistant Public Safety Director Planning Assistant Public Safety Director Public Safety Director Community Development Public Safety Director Fire Inspector City Clerk Community Development Fire Inspector Public Safety Director City of Fridley AGENDAITEM City Council Meeting Of Monday, June 14, 2004 � Blacktoppinq ACI Asphalt Contractors Inc 11225 90 Ave N James Bebo Maple Grove MN 55369- Electrical Rouse Mechanical Inc 7320 Oxford St Gary Danzeisen St Louis Park MN 55426- Excavating Johnson 8 Sons Contracting 4550 Central Ave #1424 Steven Johnson Hilltop MN 55421 Gas Services Albers Mechanical Contractors Inc 200 W Plato Blvd Charles Albers St Paul MN 55107 Anderson Heating � Air Cond 4347 Central Ave NE George Whittenberger Columbia Heights MN 55421 Fireside Hearth � Home/Allied Fireside 2700 N Fairview Ave Kirk Sorenson Roseville MN 55113-0847 Rouse Mechanical Inc 7320 Oxford St Gary Danzeisen St Louis Park MN 55426- 32 Approved By: Ron Julkowski Building Official State of M N Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � � General Contractor-Commercial B 8� B Sheetmetal � Roofing Inc 210 Centennial Dr Brad Bums Buffalo MN 55313 Fumiture Outlets USA Inc 140 E Hinks Ln David Baillie Sioux Falls SD 57104- Independent School District #14 6000 West Moore Lk Dr NE Duane Knealing Fridley MN 55432- Kieffer Nick Construction 2520 Interlachen Drive Nick Kieffer Stillwater MN 55082- Layton Construction Co Inc 9090 South Sandy Parkway Scott Nielsen Sandy Utah 84070- Lund Martin Construction Inc 3023 Randolph St NE Willard Haro Minneapolis MN 55418- General Contractor-Residential American Eagle Exteriors Inc (20159912) 19512 Country Cir E Dave Bormes Rogers MN 55374- Capital Siding 8 Windows (20053636) 9673 Wynstone Dr Jeff Moore Woodbury MN 55125 D � B Home Improvements (7773) 4901 105 Lane NE William Friedrichs Circle Pines MN 55014- 33 Approved By: Ron Julkowski Building Oificial Ron Julkowski Building Official Ron Julkowski Building Oificial Ron Julkowski Building Official Ron Julkowski Building Officiaf Ron Julkowski Building Official State of MN State of M N State of M N � Dore John Contractor (20276047) 8400 Rhode Island Dr John Dore Brooklyn Park MN 55445- Faulkner Greg Remodeling (20138108) 1005 Hubbard St Greg Faulkner St Paul MN 55104- Fireside Hearth � Home (20090911) 2700 N Fairview Ave Steven Thiers Roseville MN 55113-0847 Fridley Roofing � Remodeling Inc (20269030) 13670 Gamet St NW Todd Belrose Ramsey MN 55303 Gary F J Construction Inc (1959) 5741 164 Lane NW Fred Hillyer Ramsey MN 55303- Gates Roofing (6793) 4640 Ximines Ln Bruce Gates Plymouth MN 55442 GD Car Construction (20192414) 8045 Sunnyside Rd Gary Andren Mounds View MN 55112- Hastings Richard Co (4051) 6331 Riverview Ter NE Richard Hastings Fridley MN 55432 Johnson Milton Company (2083) 525 Lowry Ave NE Bruce Erickson Minneapolis MN 55418- Knutson Roofing � Siding (2501) 9307 Hillside Dr Jack Knutson Champlin MN 55316- � Approved By: State of M N State of MN State of M N State of M N State of M N State of M N State of M N State of M N State of MN State of M N � � . � � RSJ Construction (20318533) 1630 Hwy 10 Steven Chell Spring Lake Park MN 55432- Seal Guard Systems Inc (20093688) 3770 Dunlap Ave N Ken Wolfbauer Arden Hills MN 55112- Skyline Exteriors (20215480) 6491 Arthur St NE Dennis Carlson Fridley MN 55432- Stephens Michael Home Imp (20046773) 3484 Glenarden Rd Mike Stephens Arden Hills MN 55112- Suburban Home Improvement (20267333) 32 Maple Lane Kevin Zewers Little Canada MN 55117- T 8 J Improvements Inc (20217357) 4425 149 Ave NW Timothy Merritt Andover MN 55304- Tabor 8 Sons Inc (20014248) 10547 Terrace Rd Amold Tabor Blaine MN 55434- United Building Centers (20242657) 125 W 5 St Jack Kluempke Winona MN 55987- Walker Roofing Co (4229) 2274 Capp Rd Nathan Reese St Paul MN 55114- Westurn Roofing � Siding (20155566) 9700 13 Ave N John Simpson Plymouth MN 55441- 35 Approved By: State of M N State of MN State of MN State of M N State of MN State of M N State of MN State of MN State of M N State of M N � Wilis Greg Exteriors (20037840) 4246 Royce St NE Greg Wilis Columbia Heights MN 55421-3077 Heatinq Albers Mechanical Contractors Inc 200 W Plato Blvd Charles Albers St Paul MN 55107 Anderson Heating � Air Cond 4347 Central Ave NE George Whittenberger Columbia Heights MN 55421 Fireside Hearth 8� Home/Allied Fireside 2700 N Fairview Ave Kirk Sorenson Roseville MN 55113 Rouse Mechanical Inc 7320 Oxford St Gary Danzeisen St Louis Park MN 55426- Masonry 2ebro Steve Cement Co 5066 Easfinrood Rd Steve Zebro New Brighton MN 55112- Plumbinct Metro Mechanical Consultants 5525 257 Ave NE Gary Ford Stacy MN 55079- Oak Grove Sewer 8� Water 22590 Rum River Blvd Joseph Murray St Francis MN 55070- Roofinq Walker Roofing Co 2274 Capp Rd Stacy Reese St Paul MN 55114- � Approved Bv: State of M N Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Oificial Ron Julkowski Building Official Ron Julkowski Building Official State of M N State of MN Ron Julkowski Building Official . � Swimminq Pools Bally Club 7200 Universiiy Ave NE Fridley MN 55432- � Kent Maag 55-102617 7200 Univers'fir Ave NE Black Forest Condo Homeowners Assoc 1601 North Innsbruck Dr NE Michael Lang 55-116248 Fridley MN 55432- 1601 N Innsbruck Dr Independent School District #14 . 6100 West Moore Lake Dr NE Fridley MN 55432- � � Duane Murphy 763-502-5408 37 Approved By: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � � CIIY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JUNE 14, 2004 ESTI MATES Ron Kassa Construction, Inc. 6005 — 250�' East Elko, MN 55020 2004 Miscellaneous Concrete Repair Project No. 355 Estimate No. 1 ....................................................................................... $17,087.08 Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 2004 Street Improvement Project No. ST. 2004 —1 Estimate No. 1 ............... Magnum Company LLC 7309 Lake Drive Lino Lakes, MN 55014 .................................................................... $58,703.97 Woodside Court Improvement Project No. ST. 2004 — 2 EstimateNo. 1 ......................................................................................... $22,783.50 � � � � AGENDA ITEM ��F CITY COUNCIL MEETING OF JUNE 14, 2004 FRIDLEY INFORMAL STATUS REPORTS 39