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02/12/2007 - 6122, , , -.. � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING r n�,�--'` �� OF FEBRUARY 12: 2007 ;� �� `"";. 7: 3 0 p. m. - C i t y C o u n c i l C h a m b e r s V`'1' ��,r` , �'� ,- � � � ` Attendance Sheet • � ..�c ALFAS'F AR/IYT NAMF, ADDRFSS AND /TFM MUMBFR YOU ARF /NTf'RFSTFD /N. Print Name {Clearly) -Address Item No. �'�3 �2-� 1-1 � � ° .9 - � � ;, , ,__ ,� , . ,, � �`y, � �., ,, '� �' �, J �� (�L , -Jt ;; `( V�_ i V '�k (/;c , � n j �j" ' '' Ct (:Q. % � '�� :'% i � � , " I� �' ;.i JVI: / l .�i'i'' fi, z .. .,� n' ^ � f r,.� .. �` j� . . l � �y��.D N� �� ,� 7/�/ . � r � i �= i�2 ! �.� &� , -,� .� ,� � �� . r(" f .._ _ J � '_ � - '� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 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 763-572-3500 at least one week in advance. (TTD/763- 572-3534) �.. '� ` ] � l`7 v� PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: �� APPROVAL OF MINUTES: '' 5�1��I;�✓�� Y ,�\ � )., City Council Meeting of January 22, 2007 .,�� APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 6. Claims ............................ 7. Licenses ........................ .. 24 25 - 26 OLD BUSINESS: 8. Estimates ...:.................................... 27 n �� Qs.�- , � , o c. Second Reading of an Ordinance Amending �� -t-vt °b i��,��'� �¢� Cha ters 11 and 108 of the Fridle Cit Code �J� p y y ADOPTION OF AGENDA. �� Pertaining to Fees and Open Burning� � j/�� -� � �i �� and � � 1 � (�',, _�-�. � :,.� Y t_ �� - ��z. l z� � o �� ,' �-� ,� � � � S i �� rL � �l � u Adopt Official Title and Summary �z tZ� '�tii; �Z' ' / � �cQ w��.-�' Ordinance ............................................... '1 - 7 OPEN FORUM (VISITORSI: Consideration of Items not on Agenda —15 Minutes NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of January 17, 2007 .......... 8- 11 �i�.��/�� . �� `U �7. �`v�� t v �- 5. NEW BUSINESS: 0 Receive Bids and Award Contract for the Repair of 10. Well Nos. 5 and 10 .... ............. 12 - 20 ��J r� n7 / � � /�- � ;�,.� �:�v� �i v�_t5 �Ct : ,.�� t � �_ b �( 5 ,� � L. r ,1,{,� C.. t` Approve Contract Amendment for the 85th Avenue Trail Design Project .:...................... 21 �(! ��v �f �'y� ��/�� 11 � / � r Resolution Supporting the Improvement for the Rice Creek West Regional Trail ..... 22 - 23 �o� - i 3 First Reading of an Ordinance Amending and Recodifying Chapter 508 Pertaining to Alcoholic Beverages . ............... ... 28 - 35 �G � �' �/� �-,�' ll~ � (' ` �''__ � ; u c � y� +-i c ,.�y �, cr � . .—c �—� � Y � �1 � ['�t.: �� • . +} 1' � �� • Approve Preliminary Plat Request, PS #07-01, by Gordon Sangster, to Divide One Single Family Lot into Two Single Family Lots, Generally Located at 7169 Riverview Terrace N.E. (Ward 3) ................................... 36 - 41 ��. � �.� /�a �� 'ns�v �`UP � "C c� � Jf'1 � Inforrnal Status Reports ..................... 42 a .� ADJOURN. � �, �v � � � �z�� CffY OF FRIQLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 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 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 22, 2007 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapters 11 and 108 of the Fridley City Code Pertaining to Fees and Open Burning and Adopt Official Title and Summary Ordinance NEW BUSINESS: ................................................ 1 - 7 2. Receive the Minutes from the Planning Commission Meeting of January 17, 2007 ........................................................................... 8- 11 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Receive Bids and Award Contract for the Repair of Well Nos. 5 and 10 .......................................................................................... 12 - 20 4. Approve Contract Amendment for the 85t" Avenue TrailDesign Project ......................................................................................... 21 5. Resolution Supporting the Improvement for the Rice Creek West Regional Trail ....................................................................... 22 - 23 6. Claims ............................................................................................................. 24 7. Licenses .......................................................................................................... 25 - 26 8. Estimates ......................................................................................................... 27 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 2007 PAGE 3 NEW BUSINESS: 9. First Reading of an Ordinance Amending and Recodifying Chapter 508 Pertaining to Alcoholic Beverages ........................................................................................... 28 - 35 10. Approve Preliminary Plat Request, PS #07-01, by Gordon Sangster, to Divide One Single Family Lot into Two Single Family Lots, Generally Located at 7169 Riverview Terrace N. E. (Ward 3) .............................................................. 36 - 41 11. Informal Status Reports ...................................................................................... 42 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 22, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 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 Varichak Councilmember Saefke Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Richard Pribyl, Finance Director/Treasurer Fritz Knaak, City Attorney John Berg Fire Chief 7on Haukaas, Public Works Director APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 1. Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: 2007 Neighborhood Street Improvement Project No. ST. 2007 — 1. William Burns, City Manager, stated this project is generally located in the west side of Melody Manor and in an area southwest of Fridley High School. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-08. 2. Resolution to Adopt the Anoka County Multi-Jurisdictional Hazard Mitigation Plan. William Burns, City Manager, stated this is a document required by the federal government as a prerequisite for hazard mitigation funding. The plan was prepared and completed in May of FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 2 2006 and approved by the Department of Homeland Security. The plan describes the most significant natural and man-made hazards that could impact Anoka County. Fridley portion of the plan indicates the need to address potential flooding problems on City streets as well as to train City personnel in the use of 800 MHz communications equipment. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-09. 3. Resolution Adopting Revised 2007 Emergency Operations Plan. William Burns, City Manager, stated the Fridley Police Department has completed its four- year review and update of Fridley's Emergency Operations Plan. The plan meets federal and state guidelines and has been approved by both the Anoka County Emergency Preparedness Manager and the Minnesota Department of Public Safety. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-10. 4. Resolution Authorizing Changes in Appropriations for the 2006 Budget for November through December, 2006. William Burns, City Manager, stated the changes include $9,921 in General Fund appropriations. These are all offset by various grants and donations. There is also a Solid Waste Abatement Fund appropriation of $100,000. This is the amount needed to cover the accumulated shortfall for this program. The money was transferred from the "Closed Bond Fund." There were also Capital Improvements Fund adjustments for the Fire Department's garage door modifications ($45,000) and for the City's share of signal improvements at University Avenue and Osborne Road ($13,759). Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 5. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for the Northeast Lions Club at Baggan's Pub located at 3720 East River Road N.E. (Ward 3). William Burns, City Manager, stated that this group conducts charitable gambling at five locations in Minneapolis, Robbinsdale, and St. Anthony. We have good reports on them from the Minnesota Gambling Control Board and the Minneapolis Police Department. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-12. FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 3 6. Approve Agreement between the City of Fridley and the Fridley'49er Days, Inc. William Burns, City Manager, stated that this is a renewal of the agreement for use of a City vehicle to pull the Fridley '49er Days float in area parades. Staff recommends Council's approval. APPROVED. 7. Motion to approve Pay Equity Compliance Report. William Burns, City Manager, stated that this is a report that must be updated every three years under the requirements of the Minnesota Pay Equity Act of 1984. The intent of the report is to demonstrate that female-dominated classes of employment are not paid disproportionately less than male-dominated classes. In October, Council adopted the City's revised compensation plan, which, among other things, addressed pay equity issues. The Pay Equity Implementation Report indicates that Fridley has an "under payment ratio" of 92.1%. This means that female-dominated classes are paid at the rate of 92.1% of male dominated classes, an amount that is well above the 80% required by State law. The report also shows that the salary range for female-dominated classes is 94.6% of male-dominated classes. Also, since only 2.6% of our male-dominated classes receive "exceptional service pay," we are well below the 20% level allowed by the State. The only exceptional service pay is the longevity pay that we provide for police patrol. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 8. Claims (130131-130326). APPROVED. 9. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of the minutes from the January 8, 2007, City Council meeting and Items 4 and 7. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of the minutes from the City Council meeting of January 8, 2007, and Items 4 and 7. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC SERVICE ANNOUNCEMENT: John Crelly, Assistant Fire Chief, presented an overview of the new aerial fire truck The new truck was built by Crimson Fire in three phases. In Phase 1, the truck and chasse were built in Charlotte Michigan. Phase 2 included building and assembly of the ladder, and the ladder was mounted, tested and certified in Lancaster, Pennsylvania. Phase 3 involved the final assembly of the truck which included mounting the fire pump, water tank, generator, cabinets, painting, wiring etc., in Brandon, South Dakota. The main features and benefits of the new aerial truck were discussed. With this new truck, the firefighters can arrive at a fire and be at the fifth level of a building putting out a fire in about 5 minutes after arrival. Mr. Crelly said that it has been a long process to obtain this fire truck The total cost was $766,755. The City was able to purchase the truck with the help of a$450,000 grant from the U. S. Department of Homeland Security and Office of Domestic Preparedness. Cummins Power Generation donated the hydraulic generator set. Councilmember Bolkcom asked why this new aerial truck was needed. Mr. Crelly answered that to respond to a fire, the department used to have to take two trucks and two fire crews. With the new truck, only one truck needs to go out on a call. This is an effective unit to do the j ob, and it will allow the firefighters to work smarter and better. Councilmember Bolkcom asked if there was an additional cost to make modifications to the garage to fit the new truck. Mr. Crelly said there was. They knew it would be close. It cost $30,000 to renovate the door opening. Councilmember Saefke commented that the new truck provides more safety for the firefighters. With the old truck, firefighters had to extend the ladder and then climb to the top. With the new truck, the equipment raises with the firefighter in the bucket. Mr. Crelly agreed that the new truck does have the luxury of safety. The new truck can take the firefighter right up to a window in the bucket for a rescue or to put out a fire. Councilmember Saefke commented that members of the Council were able to ride up in the bucket. There is even an air supply in the bucket so the firefighters do not have to carry tanks on their backs. This is really something for the City to be proud of. OPEN FORUM (VISITORS): Richard Wolfe, 960 Hathaway Lane, stated the Holiday Gas Station near Moore Lake has received complaints that the speakers are too loud. This Holiday is a pre-pay only gas station FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 5 and he feels he is responsible for the speakers because he fought to get them turned on. The speakers have been tested and they are not too loud. Maybe on occasion an attendant may speak too loud into the microphone or yell, but have been instructed to just talk into the microphone. City staff and the police have been on the site and have listened and could barely hear the voices on the speakers when standing back by the fence. Holiday offers a great service and is trying to make it work The station has eight pages of signatures supporting this service. The speakers are only used when someone does not realize this is a prepay station. At that point, the attendant talks into the speaker and asks the customer to come in and prepay for their gas. The station does have a note on the speakers not to touch the volume and they are trying not to violate the noise laws of the City. Mayor Lund said he talked to the person who filed the complaint and understood that this is not an issue at this time. Periodically staff will stop in to check on the speaker levels. Holiday was advised to keep the volume down and alert any new attendants at the station of the rules. Mr. Wolfe commented that there are a lot of stipulations on this station's special use permit. They are not open 24 hours. They close at 11:00 p.m. Darrel Klein, 6679 Arthur Street N.E., stated three years ago the City built an asphalt walkway/bikeway from the south end of Moore Lake, past Sandy's and Medtronic to a concrete sidewalk at Osborne Road. Last spring he called the City to see if they could get the walkway plowed. People walk on the road and it is dangerous. When he called the City, they said it was a County problem. He called the County who said it was a City problem. Three weeks ago it snowed, and the City said they did not have the time and were not expected to plow the walkway. People walk on the street. It is dark out and they have dark clothing on. It is dangerous. He was looking for an answer as to why they could not plow this walkway. Jon Haukaas, Public Works Director, stated that it is an equipment and personnel problem. The equipment needed to plow this path would cost about $80,000 not including the staff time to plow it. When it snows, there is no extra staff on hand. If the snow is not plowed right away, it is difficult to plow because the next day it is frozen to the ground and hard to get at. Also people along the path shovel their driveways and complain because snow gets pushed into their driveway from the plow. Currently the City has about 12 miles of walkways and bike paths and the City cannot maintain them all. Councilmember Bolkcom commented that East River Road is another area that people have wanted plowed. Mayor Lund said it would be nice to have it done. Currently, the areas that are used the most are plowed. Mr. Haukaas added that the reason the concrete walks are plowed is because they are next to the schools and they are plowed for safety reasons. Dr. Burns, City Manager, added that this was a question on the citizen survey a few years back and there was no support to spend additional money on plowing the walkways and bike paths. FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 6 Mayor Lund commented on the concerns the citizens brought up at the last council meeting regarding the Comprehensive Plan. Staff is currently reviewing the information and updating the Comprehensive Plan which will be completed by March of 2007. At the same time the City is reviewing the current plan, a consultant, Jon Carpenter, will be updating the necessary demographic data. This work should also be completed by March of 2007. The next section of the Comprehensive Plan will be a cross section from residents and community interests in reviewing all aspects of the Comprehensive Plan. The public part of the review will be accomplished in the Spring/Summer of 2007. The public input is hoped to be completed by the end of August 2007. The meetings will be advertised in the Focus, on cable and in the City's newsletter. In November, 2007, Council will review the plan and ask again for public input. Council will be conducting its review of the plan in January, 2008. Thereafter it will be submitted to the Metropolitan Council for their review and approval. If all goes well, we expect their approval by September of 2008. This is just a rough timetable. There will be a lot of opportunities for residents to give their input to the Comprehensive Plan and the meeting times will be published. Councilmember Barnette stated a lot of people criticize the Comprehensive Plan and say they did not know about the hearings. The City is making every effort to tell people about the meetings that are coming up regarding the Comprehensive Plan. The City wants input from the residents. Councilmember Bolkcom said that citizens may say they were never notified about the hearing and knew nothing about the Comprehensive Plan, but every resident receives a letter regarding this plan. The City is inviting people to come to the meetings. NEW BUSINESS: 10. First reading of an ordinance amending Chapters 11 and 108 of the Fridley City Code Pertaining to Fees and Open Burning. John Berg, Fire Chief, stated that this ordinance is requested for three basic reasons. First of al, the City does not have a permit process for open burning. The Fire Department allows fires for the purpose of removing vegetation, like prairie grass at Springbrook Nature Center or Medtronic World Headquarters, but we do not have an application process that allows the Fire Department to review the conditions or make recommendations. Secondly, the Minnesota State Statutes and the Fire Code do not prohibit open burning of vegetation. Currently any resident of the City could burn leaves or other vegetation in a burner or on the ground if there is three inches of snow. Third, the Minnesota State Fire Code is not as restrictive as the rules that are published by the Fridley Fire Department. There is no legislation to back the Fire Department rules that are published. The City will benefit from the ordinance by having a permit process for open burning that allows the Fire Department to review and give input on burn plans and to have the ability to monitor burns and have published rules for shutting down a burn if necessary. Given a suburban setting, it is in the public's best interest to prohibit the burning of vegetation. By adopting this ordinance, the Fire Department will be able to enforce the rules that have been encouraged and practiced in the past. In addition, some new rules have been recommended and incorporated into the ordinance. These rules are practiced in other communities and include restrictions on FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 7 burning during air quality alerts as recommended by the Minnesota Pollution Control Agency and restrictions during burning bans as recommended by the Minnesota Department of Natural Resources. Recreational fires would be restricted between the hours of 1:00 a.m. and 9:00 a.m. in the interest of neighbors in the community. Also the minimum distance from a fire to combustibles will be reduced from 25' to 15' when fires are contained in approved fire places. Staff's recommendation is to approve the first reading of the ordinance. Councilmember Bolkcom asked if the burning fee would apply only to someone burning a wild grass fire but not to someone who had a fire in their back yard 3' wide by 2' high. Chief Berg answered that is correct. No permit would be needed for a recreational fire. Councilmember Bolkcom asked how they dealt with the complaints that are received regarding recreational fires when neighbors complain they cannot open their windows because of the smoke. Chief Berg did not expect this to reduce the number of complaints, but they can enforce the times the burning is allowed. It is not allowed between 1:00 a.m. and 9:00 a.m. Councilmember Bolkcom stated that if someone were to call 911 if a neighbor was burning leaves or construction material it would be means for a ticket, and it is well defined in this ordinance. Chief Berg answered that is correct. Councilmember Barnette asked if it was okay to burn leaves in a fire pit during the appropriate hours. Chief Berg answered no, you could not do so this under this ordinance. Only clean wood or charcoal would be allowed in recreational fires. Mayor Lund asked if a police officer had the authority to stop someone from burning a fire. Chief Berg answered that with the permit for burning, the fire would be monitored by the Fire Marshall. If the rules are not followed, the permit could be revoked and a citation could be issued by the Fire or Police Departments. Councilmember Varichak asked if a fine would be issued with the citation. Chief Berg responded that there could be a fine of up to $1,000 or 90 days in jail. Councilmember Bolkcom asked if the fine only relates to burning and not recreational fires. Chief Berg answered that with any ordinance, the resident could get a ticket if in violation of any part of the ordinance. FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 8 MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA ITEMS REMOVED: Approval of Minutes from City Council Meeting of January 8, 2007. Councilmember Saefke asked that the following corrections be made: Page 8, third paragraph, change the date from December 26 to February 26 Page 12 change number 5 from additional to addition. Page 15 change number 5 from additional to addition. Councilmember Bolkcom asked that a correction be made on page 4 to change the League of Minnesota's delegate from Mayor Lund to Councilmember Bolkcom. MOTION by Councilmember Saefke to approve the minutes with the above corrections. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Resolution Authorizing Changes in Appropriations for the 2006 Budget for November through December, 2006. Councilmember Bolkcom asked about the $5,000 Senior Holiday Lunch line item. Richard Pribyl, Finance Director/Treasurer, answered that this is the donation provided by the Fridley Lions Club regarding the holiday lunch. The Lions Club donated this meal and at the time of the budget, we did not have the funding for this lunch. Councilmember Bolkcom asked if it was a line item in the City's budget. Mr. Pribyl said it was. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-11. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. William Burns, City Manager, said the Senior Holiday Lunch is an annual event and usually only occurs when the Lions come forward with their contribution. It is a Lions Club event that FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 9 occurs at the Fridley Community Center for the seniors. It is not something that is typically funded with City funds. 7. Motion to Approve Pay Equity Compliance Report. Councilmember Bolkcom asked why the years of service are not listed for everyone. William Burns, City Manager, said he would check and get back to Council. This report needs to be filed by January 31 so it needs to be voted on at this meeting. MOTION by Councilmember Bolkcom to approve the Pay Equity Compliance Report. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMAL STATUS REPORT William Burns, City Manager, said the City newsletter will be going out February 2 to the Post Office and should be in residents' mailboxes by February 9. Councilmember Bolkcom stated she would like to have a brief conversation regarding the request from Mr. Westby. She would also like to talk about the Comprehensive Plan and the Osborne railroad crossing. Jon Haukaas, Public Works Director, reminded citizens about the Fridley Winter Festival coming up this weekend at Commons Park. Councilmember Barnette said that on Tuesday a retirement program will be held for for Kurt Morse at the Fridley Community Center from 3:00 to 4:00 p.m. ADJOURN: MOTION by Councilmember to adjourn. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:40 P.M. Respectfully submitted by, Krista Monsrud Scott Lund Recording Secretary Mayor � � CffY OF FRIDLEI' To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 12, 2007 William W. Burns, City Manager John Berg, Fire Chief February 8, 2007 Second Reading of an Ordinance Amending Chapter 108 of the Fridley City Code Pertaining to Open Burning The City does not have a permit process for open burning which includes fires used to remove vegetation like prairie grass at Springbrook Nature Center, Medtronic World Headquarters and other commercial sites. By establishing a permit process, the Fire Department has the ability to review plans and monitor open burning and ensure that the burning is conducted in a safe manner. Minnesota State Statutes and Fire Code do not prohibit open burning of vegetation and other material in burners or on snow covered ground. Given the City's suburban setting, I do not believe it is in our best interest to allow people to burn leaves and other material in the City of Fridley creating a nuisance and perceived fire hazard for residents. At one time, the Minnesota Pollution Control Agency prohibited this type of open burning. When the Minnesota DNR was given authority for enforcing open burning and the statutes changed, the Fire Department continued to discourage this type of burning but without legislation to enforce the rules. Like the statutes on open burning, the Minnesota State Fire Code allows recreational fires that are less restrictive and may not be suited to a suburban setting. The Fire Department's published "rules" are not enforceable under the current legislation. I am proposing the attached legislation be added to City Code Chapter 108 Fire Prevention and that the Fees in Chapter 11 be amended to reflect this change. By enacting this legislation, the City of Fridley will establish a permit process for open burning and provide legislation for enforcement of the currently practiced rules for open burning and recreational fires. The first reading of the ordinance was held on January 22, 2007. Staff recommends approval of the second reading of this ordinance and the summary of this ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 11 AND 108 OF THE FRIDLEY CITY CODE PERTAINING TO FEES AND OPEN BURNING The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended by: Section 1. Ordain that Chapter 108 be amended by adding the following language: 108.12 OPEN BURNING 1. Open Burnin� Prohibited. Except as otherwise permitted by this section, all open burnin� is prohibited in the City of Fridle� 2. Definitions. For the purposes of this section the followin� definitions shall a�plv: A. "Open Fire" or "Open Burnin�" means the burnin� of materials wherein products of combustion are emitted directly into the ambient air without passin� throu�h a stack or chimney from an enclosed chamber. Open burnin� does not include road flares, smud�epots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires. For the purposes of this definition, a chamber shall be re�arded as enclosed when, durin� the time combustion occurs, onl�pertures, ducts, stacks, flues or chimne� necessary to provide combustion air and permit the escape of e�aust �as are open. B. "Person" includes any natural person actin� either personally or in an�presentative capacit� a corporation, a firm, a co-partnership, or an association of any nature or kind. C. "Starter Fuels" mean dry, untreated, unpainted wood or charcoal fire starter. Paraffin candles and alcohols are permitted as starter fuels and as aids to i�nition only. Propane �as torches or other clean �as burnin� devices causin� minimal pollution may be used to start an open fire. D. "Wood" means dry, clean fuel only such as twi�s, branches, limbs, commercially made lo�s for heatin�, charcoal, cord wood or untreated dimensional lumber. "Wood" does not include wood that is �reen, leaves or needles, rotten, wet, oil soaked or treated with paint, �lue or preservatives. Clean pallets may be used for recreational fires when cut into three foot len�ths. E. "Recreational Fire" means a fire set for cookin�, warmin� or ceremonial purposes which is not more than three (3) feet in diameter by two (2) feet hi�h, and has had the �round five (5) feet from the base of the fire cleared of all combustible material. F. `Burnin� Permit" is a permit issued by the Fire Chief or desi�nee authorizin� fires exempted from the �eneral provisions hereof and settin� conditions therefore. G. `Burner" means a firebox, barrel or similar container used for an outdoor fire, but not includin� �rills or barbecues used principally for the cookin� of food, or outdoor fireplaces. H. "Outdoor Fire Place" means a manufactured freestandin� fire pit or barbecue pit a�proved and listed by a nationally reco�nized a�ency such as Underwriters Laboratories (UL) for the purpose of recreational fires that is enclosed with spark arrestin� screenin� and is used per the manufacturer's instructions. Ordinance No. Page 2 L`Bon Fire" means an outdoor fire utilized for ceremonial purposes. J. "Fire E�tin�uishin� Equipment" means an��proved equipment and material such as a fire extin�uisher with a minimum 4-A ratin�, �arden hose and water su�plv, or shovel and sand, that is used for the purpose of extin�uishin� a fire. 3. Exemptions. The followin� tvpes of open burnin� shall be exempt from the prohibition of Section 108.11-1: A. Recreational fires subject to the conditions of Section 108.11-12. B. Fires purposely set under the supervision of the Fire Department for the instruction and trainin� of fire fi�htin� personnel. C. Fires for which a burnin� permit has been obtained. 4. Burnin� Permit. Except for permits issued by the Minnesota Department of Natural Resources for fire trainin� and permanent burn sites, the Fire Chief or desi�nee may issue a burnin� permit for any ofthe followin�: A. Fires set for the elimination of a fire hazard which cannot be abated b�.�practical means. B. Fires purposely set for forest, prairie and �ame mana�ement purposes when no other alternative methods are practical. C. The burnin� of trees, brush, �rass and other ve�etable matter in the clearin� of land, the maintenance of street, roadway, hi�hway or railroad ri�ht-of-wa�park land and in accepted a�ricultural land mana�ement practices where chi�pin�, compostin�, landscapin� or other alternative methods are not practical. D. The disposal of diseased trees �enerated on site or diseased or infected nursery stock. E. Ground thawin� for utilit�pair and construction. F. Bon Fires under the direct supervision of the Fire Department. 5. Prohibited Materials. A. No permit may be issued for the open burnin� of oils, petro fuels, rubber, plastics, chemically treated materials or other materials which produce excessive or noxious smoke such as tires, railroad ties, treated, painted or �lued wood, composite shin�les, tar paper, insulation, composition board, sheetrock, wirin� paint or paint filters. B. No permit shall be issued for the open burnin� of hazardous waste or salva�e operations, solid waste �enerated from an industrial or manufacturin� �rocess or from a service or commercial establishment, or buildin� material �enerated from demolition of commercial or industrial structures, or discarded material resultin� from the handlin�, processin�, stora�e, preparation, servin� or consumption of food. Ordinance No. Page 3 6. Procedure for Permit Issuance. A. A�plication for a burnin� permit shall be submitted to the Fire Chief on a form prescribed by the Ci . B. The Permit fee shall be as provided in chapter 11 of the Ci . Code. C. The Fire Chief, or desi�nee, shall review the a�plication to insure compliance with the provisions of this section and an��plicable State laws and/or re�ulations. D. The Fire Chief, or desi�nee, ma.�pect the proposed burn site on such occasions and at such time as is deemed necessary to adequately review the a�plication. Submission of the a�plication shall constitute authorization for the Fire Chief, or desi�nee, to enter the premises for this purpose. E. Within five business days, excludin� Saturdays, Sundays and le�al holidays, after receipt of the a�plication the Fire Chief, or desi�nee, shall either �rant or den. t��plication. Denial of Permit. A. A�plication for a burnin� permit may be denied for any one of the followin� reasons: 1. The proposed fire or burn site does not meet the requirements of this section. 2. The Fire Chief, or desi�nee, determines that there is a practical alternative method of disposal of the material. 3. The Fire Chief, or desi�nee, determines that the fire would result in a pollution or nuisance condition. 4. The Fire Chief, or desi�nee, determines that the burn cannot be safely conducted and no plan has been submitted to adequately address the safety concerns. 5. The location of the burnin� shall not be within 600 feet of an occupied residence other than those located on the property on which the burnin� is conducted. 6. The denial of an��plication shall be in writin� and shall state the reasons for the denial. B. An�person aa�rieved by the denial of a burnin� permit ma��peal that decision to the City Council by submittin� a written request or appeal to the Fire Chiefs office within ten days after the date of the denial. The Fire Chief shall submit the a�peal request to the City Mana�er for placement on the next available a�enda. 8. Responsibilities of Permit Holder. The holder of an�permit shall be responsible for the followin�: A. Have a valid permit in possession at the burn site at all times durin� the burn. B. Prior to startin� burn, confirmin� that no burnin� ban or air quality alert is in effect. C. Constant attendance b.�permit holder or competent representative durin� a burn event. Ordinance No. Page 4 D. Availability at the burn site of a�propriate communication and fire extin�uishin� equipment as required by the permit or any fire safet�plan a�proved by the Fire Chief, or desi�nee, as part of the permit process. E. Not allowin� the fire to smolder. F. Bein� sure that the fire is completely extin�uished before the permit holder or representative leaves the site. G. All costs incurred as a result of the burn includin�, but not limited to, fire su�pression, administrative fees, property dama�e and personal injuries. Revocation of Permit. An officer of the Minnesota Department of Natural Resources, the Fire Chief, or desi�nee, may revoke any burnin� permit for a�propriate reasons includin�, but not limited to: A. A fire hazard exists or develops durin� the course of the burn. B. Pollution or nuisance conditions develop durin� the course of the burn. C. The fire smolders with no flame present. D. Any of the conditions of the permit are violated durin� the course of the burn. 10. Burnin� Ban or Air Quality Alert. No recreational fire or open burn will be permitted when the City or the Minnesota Department of Natural Resources has officially declared a burnin� ban due to potential hazardous fire conditions or when Minnesota Pollution Control A�ency has declared an air qualit. a� 11. Use of Burners Prohibited. No person shall use a burner within the Cit� 12. Recreational Burnin�. Recreational fires shall com�lv with the followin� requirements: A. Burnin� shall be prohibited between 1:00 AM and 9:00 AM durin� any day of the week. B. The fire shall not exceed three (3) feet in diameter and a flame hei�ht of appro�mately two (2) feet. C. Only clean wood or charcoal may be burned. No burnin� of trash, leaves or brush is allowed. D. The fire is i�nited with an a�proved starter fuel. E. The fire is constantly attended by an adult person knowled�eable in the use of fire extin�uishin� equipment and an adult attendant supervises the fire until the fire has been totally extin�uished. F. Fire-extin�uishin� equipment is readily available. Ordinance No. Page 5 G. Fire is not conducted within twenty-five (25) feet of a structure or combustible material. This distance may be reduced to within fifteen (15) feet of a structure or combustible material when contained in an outdoor fireplace or container a�proved by the Fire Chief. H. Any conditions that could cause a fire to spread to within twenty-five (25) feet of a structure shall be removed or eliminated prior to i�nition. L Recreational fires are not permitted on windy days when smoke may create a nuisance. 13. Severabilit. .�y sections, subsection, sentence, clause or phrase of this code section is for any reason held to be invalid, such decision shall not affect the validity of the remainin� portions of the code section. � Section 2. Ordain that Section 108.12 be enumbered as follows: 108.1�3 VIOLATION PENALTIES. A person who violates a provision of this code shall be guilty of a misdemeanor. Section 3. Ordain that Chapter 11 be amended as follows: 11.10. Fees 105.6.31 CHAPTER 11. GENERAL PROVISIONS AND FEES. 108. Permitted Business Open burning ��`T^��* ^'�� — Processes and Activities Fees �4 $95.00 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: January 22, 2007 Second Reading: Published: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 11 AND 108 OF THE FRIDLEY CITY CODE PERTAINING TO FEES AND OPEN BURNING AND SUMMARY I. Title. An ordinance of the City of Fridley, Minnesota, to amend the Fridley City Code pertaining to fees and open burning and to align code language with existing practices. II. Summary. The City Council of the City of Fridley does hereby ordain as follows: That Chapter 11 is hereby amended to reflect a change in the fees for open burning. That Chapter 108 is hereby amended to establish a permit process for open burning and provide legislation for enforcement of the currently practiced rules for open burning and recreational fires. III. Notice This title and summary has been published to clearly inform the public of the intent and effect of the City of Fridley's Open Burning code and fee. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200 . SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: January 22, 2007 Second Reading: Published: CITY OF FRIDLEY PLANNING COMMISSION MEETING JANUARY 17t", 2007 CALL TO ORDER: Chairperson Savage called the regular meeting of the Planning Commission to order at 7:30 pm. MEMBERS PRESENT: Diane Savage, Jack Velin, Leroy Oquist, David Kondrick, Dean Saba, Larry Kuechle OTHERS PRESENT: Stacy Stromberg, City Planner Julie Jones, Planning Manager Scott Hickok, Community Development Director Gordon Sangster, 7169 Riverview Terrace Monte Gonia, 117 Alden Circle NE Maynard Nielson, 7144 Riverview Terrace APPROVE OF MINUTES: 1. Approval of December 6th, 2006 Planning Meeting minutes MOTION by Commissioner Kondrick to approve the minutes as submitted. Seconded by Commissioner Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: Consideration of a Preliminary Plat, PS #07-01, by Gordon Sangster, to divide one single family lot into two single family lots, generally located at 7169 Riverview Terrace. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Stacy Stromberg, City Planner, stated the petitioners, Gordon and Angela Sangster, are seeking to replat the property located at 7169 Riverview Terrace in order to create two single-family lots. The subject property is zoned R-1, Single Family as are all surrounding properties. It is located on the corner of Riverview Terrace and 71 1/2 Way. The existing home and attached garage was constructed in 1966 and a porch addition was constructed in 1980. The existing lot is approximately 95 ft. by 226 ft. The petitioners plan to sub-divide the lot into 2 single family lots, one of which will accommodate the existing home and the other will allow for the construction of a new single-family home. Ms. Stromberg stated that Fridley requires that lots in the R-1 Single Family district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot #1 will be 103 feet in width and 11,200 square feet in size after the replat. Proposed Lot #2 will be 110 feet in width and 10,000 square feet in size after the replat. Both lots will meet the minimum lot and set back requirements. Ms. Stromberg stated that city staff has heard from three neighboring property owners who are in opposition of the proposed preliminary plat request. From our discussion with them, they are simply in opposition of the request because they don't want to see another single family house on the subject property. Two letters in opposition have also been received. City Staff recommends approval of this preliminary plat request, with stipulations. The lots exceed minimum size requirements and this will provide additional homeownership opportunities for Fridley residents. Ms. Stromberg stated that City Staff recommends that the following stipulations be placed upon approval of this request. 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay a required $1,500 park fee priorto issuance of building permits. 3. 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. 4. Property owner of record at time of building permit application shall obtain a permit from the City of Fridley for curb cut. 5. Petitioner to properly maintain Lot #2 until sale of the lot occurs. 6. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Petitioner shall provide easements as shown on preliminary plat drawing. 8. 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. Gordon Sangster, 7169 Riverview Terrace, has lived on this lot for 40 years. At the time the home was built we realized it was a large lot. It was great for raising the children but now we would like to split the lot to allow another single family lot. City Staff has been very helpful in this process and Mr. Sangster feels this is a proper use of the property. Commissioner Savage asked if Mr. Sangster has had any discussions with the neighbors who oppose this lot split. Mr. Sangster replied no. Commissioner Kondrick asked if Mr. Sangster had any problems with the stipulations. Mr. Sangster replied no. Commissioner Kuechle asked if Mr. Sangster had any plans as to what will be built on the lot or if he just plans to sell the lot. Mr. Sangster answered that he just plans to sell the lot. Maynard Nielson, 7144 Riverview Terrace, stated that he is speaking on behalf of his daughter Michelle Wold who lives at 133 Alden Circle. This new house would back up to his daughter's lot and they oppose this request. The petitioner is moving and will not live with the condition he is creating. Monte Gonia, 187 Alden Circle, strongly disagreed with this request. He moved to Fridley because of the privacy and large lots. He does not want to see this lot split. He questioned how the petitioner would feel if a neighbor did this to him when he was raising his family. The petitioner is moving so he won't have to worry about what it will look like. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:40 P.M. Commissioner Kondrick said he drove by the property and tried to envision the lot split. He stated that a property owner has the right to do with their property what they wish. This is a big lot and even splitting the lot, both lots will still be good size. He can understand the opposition but can't say this cannot be done. The lots will be large enough; it is a beautiful neighborhood and cannot vote against this request. A nice home will be built there. Chairperson Savage agreed that there was no alternative but to approve the request as the law permits and the lot is within city code requirements. She sees no basis to deny this request. Commissioner Kuechle agreed that this request meets the requirements and did not see another option but to approve the request. Commissioner Saba stated that he also drove by the property and understands how change will impact the area. The City has standards and this will exceed their standards. Commissioner Oquist concurred with the others and added that this will be a buildable lot that exceeds minimum requirements. MOTION by Commissioner Kondrick to approve the consideration of a Preliminary Plat, PS #07-01, by Gordon Sangster, to divide one single family lot into two single family lots, generally located at 7169 Riverview Terrace with the following stipulations: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay a required $1,500 park fee priorto issuance of building permits. 3. 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. 4. Property owner of record at time of building permit application shall obtain a permit from the City of Fridley for curb cut. 5. Petitioner to properly maintain Lot #2 until sale of the lot occurs. 6. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Petitioner shall provide easements as shown on preliminary plat drawing. 8. 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. This matter will be heard before the City Council on February 12th. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Receive the minutes of the November 6th, 2006, Parks and Recreation Commission Meeting. MOTION by Commissioner Kondrick to receive the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes of the December 4th, 2006, Parks and Recreation Commission Meeting. MOTION by Commissioner Kondrick to receive the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the minutes of the November 14th, 2006, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Kuechle to receive the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Stacy Stromberg, City Planner, presented 2006 year in review. In 2006 the Planning Commission reviewed one Master Plan Amendment, one Plat request, 12 Special Use Permits, 3 Street and Alley requests and 3 Text Amendments. How does this compare to other years? 2005 was a big year as we had 10 Text Amendments that year. 2006 was a normal workload receiving a total of 20 applications. Photos were shared of Hilltop Trailer Sales and K& N Labs which were two of the projects from 2006. Ms. Stromberg thanked the Planning Commission for their hard work in 2006 and wished them a Happy New Year. Scott Hickok, Community Development Director, shared a few updates from City Council. The Planning Commission will recall that the John DeMello project, located at Old Central and Mississippi, was approved two years ago for the master plan and the plat for 70 condominiums and 10,000 square feet of commercial/retail mixed use space. Mr. DeMello is requesting an extension on the plat. Once the plat is approved they have six months to file. They have asked for several extensions. The market space of the area has raised some concerns and the retail space needs to be sold before the condominium units. There is a lot of interest on the condominium units but not so much interest in the retail mix property. Currently there are three investors interested in the retail area and hopefully they will close in February. Their extension request would take them through mid June. Mr. Hickok stated that the development across the street, the Town Center Development, has recently requested to put up a sales trailer on the site for condominium sales. Everyone is asking what is happening to Sandee's Restaurant. The developer has indicated interest in a restaurant and will probably redevelop Sandee's. The developer is dealing with market forces and when they first started the bank would finance up to 30% of the sold units. Wth the market slowing down, the bank has changed to finance 70% of the sold units. It is difficult for the developer to sell the units sight unseen. Their interest to place a trailer on the lot to help sell the units and envision what the units will look like on site should help the sales. Commissioner Kuechle questioned how many units are to be built on this site. Mr. Hickok, replied that this is a 54 unit building. It was originally set up in an "L" shape but neighbors had concerns about the height of the building. In response to the neighborhood concerns, the height was reduced and the configuration changed to a"C" shape. This will be a 54 unit building with underground parking. The sale of the units is causing delay in construction. Mr. Hickok wished Commissioner Kondrick Happy Birthday on behalf of the City Staff. He also thanked Jack Velin forjoining the Planning Commission. Jack is a long time Commissioner member and volunteer for the EQEC. Recently Jack was nominated chair of the EQEC and will now sit in on the Planning Commission in place of Barbara Johns. Mr. Hickok thanked Barbara Johns for her contributions to the Planning Commission. ADJOURNMENT: MOTION by Commissioner Kondrick to adjourn the meeting. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 7:55 P.M. Respectfully Submitted, Krista Monsrud Recording Secretary � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 12, 2007 William W. Burns, City Manager Jon H. Haukaas, Public Works Director February 12, 2007 Award of Repair Contracts for Well #5 and Well #10 PW07-007 Each year the Public Works Department budgets $60,000.00 for the preventative maintenance repairs of two City wells. Much of the work necessary cannot be determined until the wells have been removed. Evaluation of the bids for award is from a list of base bid items. Alternate costs are also provided in the bid to cover additional items that may need repair but cannot be determined until the well has been removed. Bids were opened on Thursday February 1, 2007 at 10:30 am for the contract to repair wells #5 and #10. Bids were received from four different companies. The low bid for Well #5 repairs was received from E.H. Renner & Sons Inc. of Elk River, MN. The low bid for Well #10 repairs was received from Bergerson-Caswell, Inc. of Maple Plain, MN. Recommend the City Council receive the bids and award the well repair contract to the low bidder per the cost in the attached submittals. JHH:jb Attachment � , W �f : � • . :, �` `�� , CYT'�' OF FRIDLE'Y $ID OPENING FOR: �t.epsir — Well #�5 DATE: February 1, 2047 TIME:10:30 AM VEND�DR BID TOTAY. STARTIN,G C01�XPLETION BU1�A ,�e�o�� f� �a� � �s y''�" .�,�.r l�l��// �'� a�-s�kr� ,� .� �� 7�d �iy�7 ��7 y �1 �-� �`� �'9,�a.� ��. l'°��i � �� 1 �� P/ �� 7 s,/J'�7 �� 13 Preventative Maintenance Inspection of Well Pump #5 A) Well #5 Proiect Information: located at 770 — 63Td Avenue NE, Fridley, MN 55432. This is a 16" well, cased to 653' with open hole from 653' to 845' (Mt. Simon, Hinkley Sandstones) ** Note ** Current Bottom: 749' (Laxge developed cavity starts at 736') Static Water Level varies seasonally 220'-290'. Well Head is 18" Monitor Pitless unit with 20" upper barrel, 8' bury, and 6" pull pipe attached. Pumping Equipment: Designed 1,000 GPM @ 490' TDH & 875' @ 535' (Goulds 12 CMC-7 stage) 12"-175 HP Pleuger Submersible motor, 460 v/60 HzJ 3 ph, 1750 rpm 388' x 8" drop pipe with 2- check valves, 350 MCM, 3 conductor w/ground (flat) submersible wire, and (2) each 1" PVC tubes. Owners contact information: Mr. Kory Jorgensen, (763) 572-3566 or (763) 238-8073 Proiect schedule and completion requirements: Start by: 3/1/07 Completed by: 5 / 15 /07 General Statement: Provide pricing for new material as specifically requested, and if not stated provide material that meet or exceed the cunent standards for AWWA reconditioning of this type of equipment (submersible turbine pumps). Perform all services in accordance with the rules and regulations of the Minnesota Department of Health. This project is intended for Preventive Maintenance, to recondition components to extend the life and increase performance as new, also to li.mit or minim;�e potential failures during peak demand times. Codes: All work, equipment and material used shall conform strictly with the requirements of the following codes: Minnesota State Board of Health, American Water Works Association, American Society of Testirig Materials or any other codes which may apply. Data: After repairs and installation of pumps and all well work has been completed, the contractor shall supply a written pump record describing such data as an installation plan, all statistical data for pumps and well, turbine pump curve, list of parts and material used, materials removed, etc. Warrantv: The contractor shall warrant against all defects or any other problems affecting the well or pump that was associated with the repair for a period of one (1) year from the accepted test pumping date. This includes all repair parts and contractor's labor associated with the project. B) General Specifications: The selected contractor is to set up equipment, pre- performance test, disconnect piping and secure, remove the pumping equipment from the 14 well, sanitize the well according to NIDH standards, secure the well head so nothing can be introduced to the well, then return to contractors facility with all equipment, disassemble, clean, inspect, and prepare a written report of the overall condition, (machined tolerances, corrosiveness). Make recommendations to replace, or recondition this equipment. Once the City has authorized, perform the elected or needed services, and return to site with equipment, reinstall, reconnect piping, flush chlorine residual through hydrant, and test performance both through hydrant and into the system. Finally provide the City with all project documentations and ** Note** The removal and re-installation Miscellaneous Material should include: -removi.n.g the existing straps across the drop pipe couplings, and welding new straps in place during re-installation. -stainless steel banding and clips will be required to strap wire to drop pipe, use caution and don't damage the wire insulation j acket. -when reinstalled butt splice connectors will be heavy duty, extra long, and manufacturer of copper. � -at the well head replace electrical connectors (Split Bolts) with Polaris Electrical Motor Termination Connectors, 350 MCM cable size (See Polarisconnectors.com for information). Prevailin� Wage Requirements: see attachment A ** Actual Project Amount will be based on services provided and materials replaced ** PROJECT BASE BID ITEMS: Labor to remove, inspect, and reinstall Water level indicator — install a.irline/poly approx. 400' Disi.nfecting Test pumping (Contractor's pump) System testing ALTERNATE BID ITEMS: Brushing (16" x 653' with approved brush) Video Motor Delivery Pump bowl assembly — Goulds 12 CMC, 7 stage: 1000 gpm @ 490' TDH Recondition—replace bowl sha$ (bid a 1-11/16" x 10' or shorter), machine impeller and install wear ring (7), replace bowl bearings (complete set for pump) Replace — double bolted castings, SS collets and cap screws, and 12" steel fabricated motor adapter, exterior epoxy coated and interior glass lined 15 $ �,8s�.ao $ 476.00 $ 50.00 $ 4n�_n� $ ioo.00 $ i,boo.00 $ 1,465.00 -$ �oo.00 $ 2,225.00 $ 8,260.00 Motor —175 I�P, 12" Pleuger (VN12-175) Recondition Replace — with 12" 200 HP Hitachi 460/3/60, 1731 rpm Replace cable — 400' x 350 MCM flat submersible wire, 3 conductor w/ground Replace check valves —(2) 8" Submersible Techn,o check Replace pitless o-rings (2) Column shafts — 8" x 20 (18) Replace $ $ 10,915.00 �E:�l�l�iZ�� $ 18,480.00 $ 3,ioo.00 � i2o.00 $ 697.00 Recondition — sandblast, clean, paint $ 300 . 00 Remove sandstone fill (bailing or air lifting— specify) $ 120.00/yd. Mobilization/Demobilization for Removal of Sandstone $ 2,000.00 C) Insurance Coverage: The well contractor shall protect the public liability insurance, the lower limits of which shall not be less than $100,000 for injuries, includ.ing accidental death to any one person and subject to the same limit for each person in an amount of not less than $1,000,000 on account of any one accident. The well contractor shall also protect the project with property damage insurance in the sum of not less than $100,000 for any one accident. The well contractor shall take out and maintain compensation insurance as required by the Sta.te of Minnesota. Said policies shall have the City of Fridley as an added name insured. This insurance sha11 cover the project until the City has accepted. it, and the City shall approve the amount of the i.nsurance coverage. The City will not reimburse the well contractor for the prerruu.ms. Evidence of the required insurance coverage shall be on file with the Public Works Director before work commences. D) Variations and Exceptions: Variations from the above specifications will be considered providing the bidder calls particular attention to such exceptions and explainc in detail the reasons and advantages for the� exceptions. Notification to be given to the Public Works Director regarding any problems arising and a reason why, or an explanation of the problem. The purchaser reserves the right to rej ect any or all bids. E.T�. Renner & Sons. Inc. N�me Ro er E. Renner, President Company 15688 Jarvis Street NW, Elk River (763) 427-6100 Address Telephone number 16 �� i� Openers,: CITY OF FR�CD�..EY BID OPENINC TUYt: Re�air — VV'elK #10 � DATE: February 1, 2007 T�N1[E: 10:30 .AM �� '• VENDl�R SID TOTAL STAYtT�NG COMPLETION BOND � �� eS . � ��, �s+�c�l' �w �,�ll �a,/D �'.7'.� ,�� .� � d /,//� ��y� � y�°� 7 � �f "�� 7,aa.s �� r. � �� 7�" �s'3d '��/s 7 ��/ � /�t/1/1�r � °� 17 Preventive Maintenance Inspection of Well Pump #10 A) Well #10 Project Information: located at 6911 University Ave NE, Fridley, MN 55432. ,- This is a 16" well, cased to 128' with 72' 1" of SS; screen, (200 bottorn) (Mt. Simon, Hinkley Sandstones) ** Note ** Current Bottom: 200'. Static Water Level varies slightly around 40' Well is located in a pumphouse. Puxnping Equipment: Designed 1,200 GPM @ 255' T'DH (Layne 12 -4 stage). 100' x 10" column with 1-11/16" shafting. Owners contact information: Mr. Kory Jorgensen, (763) 572-3566 or (763) 238-8073 Protect schedule and completion requirements: Start by:v,1�;�� . �.,1tcKs b� *�� Completed by: �weeKs p,-�� General Statement: Provide pricing for new material as specifically requested, and if not state provide material that meet or exceed the current standards for AWWA reconditioning of this type of equipment (submersible turbine pumps). Perform all services in accordance with the rules and regulations of the Minnesot�a Department of Health. This proj ect is intended for Preventive Maintenance, to recondition components to extend the life and increase performance as new, also to limit or minimize potential failures during peak demand times. Codes: All work, equipment and material used shall conform strictly with the requirements of the following codes: Minnesota State Board of Health, American Water Works Association, American Society of Testing Materials and any other codes which may apply. Data: After repairs and installation of pumps and a11 well work has been completed, the contractor shall supply a written pump record describing such data as an installation plan, all statistical data for pumps and well, turbine pump curve, list of parts and material used, materials removed, etc. Warrantv: The contractor shall warrant against all defects or any other problems affecting the well or pump that was associated with the repair for a period of one (1) year from accepted test pumping date. This includes all repair parts and contractor's labor associated with the proj ect. B) General Specifications: The selected contractor is to set up equipment, pre- performance test, disconnect piping and secure, remove the pumping equipment from the well, sanitize the well according to MDH standards, secure the well head so nothing can be introduced to the well, then return to contractors facility with all equipment, disassemble, clean, inspect, and prepare a written report of the overall condition, � (machined tolerances, corrosiveness). Make recommendations to replace, or recondition this equipment. Once the City has authorized, perform the elected or needed services, and return to site with equipment, reinstall, reconnect piping, flush chlorine residual through hydrant, and test performance both through hydrant and into the system. Finally provide the City with all proj ect documentations and ** Note ** The removal and re-installation miscellaneous material should include: - replace the split bolts in motor junction box with Polaris Electrical Motor Ternunation Connectors (see Polarisconnectors .com for information). Prevailing Wage Requirements: see attachment A ** Actual Project Amount will be based on services provided and materials replaced ** PROJECT BASE BID ITEMS: Labor to remove, inspect, and reinstall Water level indicator Disinfecting Test pumping (Contractor's pump) System testing ALTERNATE BID ITEMS: Brushing (16" x 125 with approved brush) Video Motor Delivery Pump bowl assembly - Layne 12", 4 stage: 1,200 GPM @ 255' TDH Recondition — replace bowl shaft (bid 1-11/16" x 10' or shorter), machine impeller and install wear ring (4), replace bowl beaxings (complete set for pump) R_ eplace — with Goulds 12 CHC, 4 stage: 1,200 GPM @ 255' TDH, SS collets and cap screws, and exterior epoxy coated and interior glass lined Motor—(T �,^ _ ,'' ". ��wb.,)1aSE1cs�-+crcb}nc5iloo�rP,�}�vol� '� .� • • • r.� 1• •� '� �� 1�• �' .�1 •• '� � � � �� • �� •• ', _ ��• r• �, • � Recondition $ '�?3S0.06 Re lp ace — with L00 HP, US, VHS with NRR 1800 RPM inverter duty $ l0&'15 .��_ Replace 9 each 10" x 9'-11.25" T&C column pipe (Sch 40�c�� $ y.?,a,p .� a Replace 2 each 10" x 4'-11.25" T&C column pipe (Sch 40��p��,g $ --� Qp , p p Replace 1 each 8" x 10' suction pipe $ 460•On Replace 1 each 1-11/16" SS base/head shaft $ SOO.d6 Replace 1 each 1-11/16" x 10' SS line shaft $ 3gp,pa Replace 1 each 1-11/16" x 5' SS line shaft $ �GO.OD 19 Replace 1 each 1-11/16" SS line shaft coupling Replace 1 each 1-11/16" SS line shaft sleeve Replace 10 each rubber line shaft bearings Replace 1 each 10" spider beaxings assemblies Recondition discharge head and (sandblast & paint) packing ', ►• �� _ � �� 1 11 � • gland assemble $ ?,sp .(�p Miscellaneous installation materials $ 35p. 0 6 Sandblast, clean and paint drop pipe 10" x 10' pipe section (9}�I�o�ec.$ IOcSrD .Ob Clean scale and mineral buildup from screen (redevelop) Furnish, install & remove jetting equipment $ 3�5b�. 00 Furnish and insta11400-gallon HCI, inhibited acid, Baume 20 degrees $��i�l. $ ,'�400.b6 Operate HVJ equipment $��O.o� I hr� �25+ .5o hcs . Shop labor rate for repairing pump & straightening shafting $ L�,Z.p� c. ts�-,�p }�c-, C) Insurance Coverage: The well contractor shall protect the public liability insurance, the lower limits of which shall not be less than $100,000 for injuries, including accidental death to any one person and subj ect to the same limit for each person in an amount of not less than $1,000,000 on account of any one accident. The well contractor shall also protect the project with property damage insurance in the sum of not less than $100,000 for any one accident. The well contractor shall take out and maintain compensation insurance as required by the State of Minnesota. Said policies shall have the City of Fridley as an added name insured. This insurance shall cover the project until the City has accepted it, and the City shall approve the amount of the insurance coverage. The City will not reimburse the well contractor for the premiums. Evi�dence of the required insurance coverage shall be on file with the Public Works Director before work commences. D) Variations and Exceptions: Variations from the above specifications will be considered providing the bidder calls particular attention to such exceptions and explains in detail the reasons and advantages for the exceptions. Notification to be given to the Public Works Director regarding any problems arising and a reason why, or an explanation of the problem. The purc er eserves the right to reject any or all bids. �,..�_ , r . �� 1,s� Name�`�M�y �- �`i.`�'y*'� Com y 5115�c�v�s�ki a.� C-�- 'Cl�o�1e�� —11�3 -4�1Q — 31 � 1 Address � $395 Telephone number � � � CffY OF FRIdLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 12, 2007 William W. Burns, City Manager Jon H. Haukaas, Public Works Director February 12, 2007 Contract Amendment for 85t" Avenue Trail Design PW07-008 In 2004, the City was successful in securing a federal ISTEA Transportation Enhancement grant for the design and construction of a trail along 85t" Avenue. Through a proposal process, the City then selected Bonestroo, Rosene, Anderlik, and Associates (BRAA) as our design consultant for the project. The original design fee was approved at $78,042 including design, right of way acquisition, and construction administration/inspection services. Over the last 2'/ years, BRAA has been actively working through the project and several pieces have become more difficult (expensive) than originally anticipated. First, meetings with Springbrook Nature Center staff on the informational and educational kiosk area has led to many requested enhancements that added cost to the design. Secondly, the right of way and easement acquisition working with BNSF, Wal-Mart, and Anoka County was much more complicated and difficult than originally estimated. Finally, the original proposal was based on 2004 rates and did state that rate increases were expected annually. BRAA is requesting a contract amendment of an additional $26,818.00 to cover all of the above issues. Staff has reviewed the request in detail for each of the components and agree these costs were appropriate and necessary for the successful completion of the project. Funding for this project will be through the federal grant with 20% matching funds from our MSAS account. The total estimated cost is approximately $1.2 million due to the wetland issues involved. Design related fees are reimbursable from our MSAS account up to 25% of the estimated construction cost. With the contract amendment we will still be well within this amount. No direct City funds will need to be expended on this project. Recommend the City Council approve the requested contract amendment with Bonestroo, Rosene, and Anderlik, and Associates for an additional $26,818.00 for services related to the 85tn Avenue Trail project. JHH:jb � � CffY OF FRIDLEI' To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 12, 2007 William W. Burns, City Manager Jack Kirk, Director of Parks and Recreation February 7, 2007 Resolution Supporting Trail Improvements The City of Fridley has been requested to submit a resolution of support for the Anoka County Parks and Recreation Department grant application to improve the Rice Creek Regional Trail. If awarded, the grant dollars would be used to upgrade the trail between Highway 65 and Central Avenue in Fridley. The improvements would include repairing and replacing the existing trail, as well as installing some new signs. The Parks and Recreation Commission passed a motion in support of these improvements at the February 5, 2007 Commission meeting. I would recommend that the City Council show support to Anoka County for improving the regional trail in Fridley by adopting the attached resolution. RESOLUTION NO. 2007 - A RESOLUTION SUPPORTING THE IMPROVEMENT FOR THE RICE CREEK WEST REGIONAL TRAIL WHEREAS, the City of Fridley has been notified by the Anoka County Parks and Recreation Department regarding their intent to apply for a Federal Recreation Trail Grant with the Minnesota Department of Natural Resources; and WHEREAS, the proposed improvements will include repairing and replacing the existing regional trail between Highway 65 and old Central Avenue in Fridley. In addition to upgrading the trail surface, the proj ect would provide for improved signage; and WHEREAS, the City of Fridley has many neighboring trail segments that connect with the regional trail to create a recreational and alternate transportation system within this community; and WHEREAS, the City of Fridley has deemed the proposed improvements to the trail and surrounding park facilities beneficial for the residents of Fridley and the entire region. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby provides its full support for the Federal Recreation Trail Grant submittal by the Anoka County Parks and Recreation Department for improvements to Rice Creek West Regional Trail. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12Tx DAY OF FEBRUARY, 2007. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � AGENDA ITEM COUNCIL MEETING OF FEBRUARY 12, 2007 CffY OF FRIDLEI' CLAIMS 130329 -130603 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 12, 2007 LICENSES Type of License � A UCT/ON Totino Grace High School Greg Balego 1350 Gardena Av N E Fridley, MN 55432 (November 17, 2007 event) TEMPOR.4RY L/QUOR Totino Grace High School 1350 Gardena Av N E Fridley, MN 55432 (April 28, 2007 event) Totion Grace High School 1350 Gardena Av N E Fridley, MN 55432 (November 17, 2007 event) Brother Milton Barker Brother Milton Barker TREE REMOVAL Metro Tree & Stump Service Michael Straus 10101 Naples Blaine, MN 55449 USED MOTOR VEH/CLES Autos on Line Harold Eiss 5649 University Av NE Fridley, MN 55432 Approved By: Public Safety Director Public Safety Director Public Safety Director Public Works Director Public Safety Director Community Development � AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 12, 2007 �°F LICENSES FRIDLEI' � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 12, 2007 ESTI MATES Palda & Sons, Inc. 1462 Dayton Avenue St. Paul, MN 55104 Mill and Overlay Proj ect No. 2005 - 1 FINAL ESTIMATE .......................... $ 48,427.16 � � CffY OF FRIDLEI' To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 12, 2007 William W. Burns, City Manager Jack Kirk, Director of Parks and Recreation February 7, 2007 Proposed Change in City Code Pertaining to Alcoholic Beverages in City Parks Chapter 508.21 of the Fridley City Code currently allows for the City to issue a permit and allow the sale of 3.2% beer at Community Park, normally in conjunction with softball tournaments. The Chapter also allows for the consumption of 3.2% beer in Locke Park. Other than those two exceptions, it is illegal to have or consume any alcohol in the other parks. With the moving of Fridley `49er Days to Commons Park, it has been requested that Commons Park also be listed as a park location that would allow for beer sales during the celebration. The beer sales at the `49er Days festival has been handled by the Fridley Lions Club. By adding Commons Park to the allowed locations under Chapter 508.21, we would be able to accommodate the beer sales during the `49er Days celebration. For the past several years, we have promoted the rental of the Springbrook Nature Center Interpretive Building as a venue for wedding receptions and group social gatherings. Because of the restriction on no alcohol on the premises, there have not been many rentals and, therefore, not much revenue coming in to help support the operation of Springbrook. The proposed amendment to Chapter 508.21 would allow for beer and wine to be served or sold at social events held within the Interpretive Building and/ or in an adjacent outdoor designated space allowed only by special permit. Any organization selling beer or wine at Springbrook would need to meet all requirements for a temporary license as provided for in Chapter 602 or 603 of the Fridley City Code. The Parks and Recreation Commission discussed these proposed changes at the February 5, 2007 Commission meeting. They passed a motion supporting the draft of the proposed changes as submitted by staff, with a recommended addition of also allowing the beer and wine sales in an outdoor area adjacent to the Springbrook Nature Center Interpretive Building with a special permit. Proposed Change in City Code February 7, 2007 Page 2 There are also some wording changes from our current Chapter 508.21 as recommended by City Clerk Deb Skogen. The changes make our ordinance wording the same as those in the State Statutes. I have worked with Public Safety Director Don Abbott and Springbrook Nature Center Director Siah St. Clair to come up with the staff recommended draft of this ordinance that was presented to the Parks and Recreation Commission. I recommend the City Council amend Chapter 508 of the Fridley City Code related to alcoholic beverage use in the City Parks. 29 Parks and Recreation Commission Meeting — Februarv 5, 2007 Pa�e 2 Mr. Kirk further stated that the winter adult fitness programs are underway and we have a new addition with a noon time Pilates program at City Hall. Pilates is a very popular fitness activity and we have several City employees who have signed up to participate. From our feedback so far, the participants really seem to enjoy the activity. Mr. Kirk also stated the program update includes some information on the, Senior's Chores and More ' Program. In 2006, there were 379 total clients served, of which eighty-�i��t were new during the year. This is a very worthwhile program that can help seniors living inde�iendently in their own homes for - longer periods of time. ' z� _ �.��" ,. Mr. Kirk further stated that staff at Springbrook Nature C�nter.worked ��`��"�ast week with 7�' grade students from Fridley Middle School. The topic, appropriately.. eriough, was h3�othermia and heat loss during cold weather. Seven classrooms with a total of�°�20 students participatec�� a;yariety of learning experiences at the nature center. .� b. Park Maintenance Report ' ; ` Mr. Lindquist stated that during the month of January, the��ere finally able to make some good ice for skating. They experienced a few nuisance snowfalls to clear �om the rinks and they helped prepare Commons Park for the Winterfest activ�`�es., The park maintenan:�e workers have been sweeping and flooding the rinks on a daily basis. c. Mr. Lindquist further stated that the Parks safety inspections of the �lay_ground equiprr Mr. Kondrick Mr. Lindquist sta.tei�:t�� accommodate the brooi� we get an�,�l'he�bility to in� rinks like to keep some tree trimming as well as , remain open for the season. nks open through the third week in February to . The closing date really depends on the weather �; ,�irk stated that th� �ringbroc�k��T�:ture Center Foundation will be holding it's annual fundraising diii�i�� and auction on ��:�,irday, M�rch 24, 2007. The theme for this year's event is "Springbrook Spnn��B�ck to the 50's" .;;Tickets may be purchased in advance by calling 763-572-2333. �� h .�Y%`:. Mr. Kondric`k �s�ated that ��`' has attended these dinners and auctions in the past and they are not only a good time, bu�C� people c�n get some good deals on many of the auction items. He encouraged the Commission memb��s,�to consider attending this event. 2. NEW BUSINESS a. Proposed Change in Ordinance to Allow Alcoholic Beverages for Events at Commons Park and Springbrook Nature Center Mr. Kirk stated that staff has worked on a proposed change to the Fridley City Code as it pertains to alcoholic beverages in City parks. Our current ordinances allow 3.2 beer at Locke Park and allows for a pernut to sell 3.2 beer at Community Park, usually done in conjunction with an adult softball tournament. 30 Parks and Recreation Commission Meeting — Februarv 5, 2007 � Pa�e 3 Mr. Kirk stated as discussed at last month's meeting, the 49er Days celebration will be moving to Commons Park this summer and the 49er Committee would like to have a beer garden associated with the street dances and food court. Staff is recommending that we add Commons Pazk to the park locations where a temporary beer sales license could be attained by a local non-profit group such as the Fridley Lions Club. Mr. Kirk further stated that an additiona.l change being recommended is,to a11ow for beer and wine sales at the Springbrook Nature Center. For the past several years, we have;_placed a much greater emphasis on producing revenue to support the operation of Springbrook: " We have„promoted the rental of the Interpretive Center as a place to have weddings or other group social functions:= We have not had many rentals to date because of our restriction on no alcohol at the facilitv. Mr. Kirk stated that he has met with SNC Director�S�a� St. Clair and Public Safety bi�e�tor:`Don Abbott to come up with the proposed changes to the ordinarice �liat is being recommended toni��t. Essentially the changes would allow beer and wine to be served or st�ld at s�ciai functions held .within the Nature Center Interpretive building. Licenses for temporary onrysale; of beer and wine would be issued in compliance with Chapters 602 and 603 :o� the Fridley City Code •°;,_ Mr. Kondrick asked if the City would br, . parks was broadened some. Mr. Kirk stated that he would,expect additi , �.. Mr. Kondrick aske�� allowing beer at Co� sales at that park Mr. Kirk stated that Co�7timuni#� �?a�� is �� . many requests for using Conmmons. 'Ttie rn Comtii°ons Park�dunrig.49er Days ., �� ", ;;; �r >. l� �:Kondrick asked abouf::�he nr�nc►s�c�:�h, Mr. Kirk.:stated that the Springbro�il� �Tature Cer operating costs�o� the n� to rent the Interp��#ive ! �. they cannot have a�y� Parks and Recreation Commission Meetin� — Februarv 5, 2007 Pa�e 4 Mr. Kirk further sta.ted that, third, a local club, charitable, religious or non-profit organization would be permitted to allow guests at their organizational social gathering to consume beer and or wine. Mr. Kirk stated that, fourth, a private party could contract with a City of Fridley approved license caterer to allow guests to purchase and or consume beer or wine if they are r�;�ting the SNC Interpretive Building for a reception or social event. The idea here is that the Crty" would. pre-approve a caterer or more than one caterer that would sell or provide the beer and wxne :at wedding receptions and other social events for private parties. The caterer would need to be licensed and carry all necessary insurance. A private individual renting the nature center building for a rece�tion coult�:not sell or provide beer and wine on their own, they would have to work through an approved caterer. Mr. Heintz asked if this would allow beer and wine Mr. Kirk stated that the staff recommendation is the building or inside the park. Mr. Heintz stated that if someone attending a reception on a: nice summer night at Springbrook wanted to walk outside for a while with a beer, the3��would not be allowed �� .do so. Mr. Kirk stated that the proposed wording wni�id�not allow that. One �f the reasons for the restriction is that you would have a difficult time differentiatuig�li��a�ween someone w�o is a guest at the reception and someone just out to walk the trails at the park. It wo�l�e difficult\to monitor and control the use of . alcohol at the park. ; � �` �� Mr. Kondrick stated' might be an op�tibn y� beverages in a confiri+ Mr Heiritz s�ate�l tha pay.�or costs associat� ,� .:;- l�z'��I�irk stated that .� included an attached Gt would i s,pace. �; if tliat � i with tii Mr. Heintz stat��l that if to want to pay e��ra,for:� and wine. .<_ a fenced iri area immediately adjacent to the interpretive building � people some, opportunity to go outside and yet keep the alcoholic the c�ase, he::u�ould suggest that the renter of the facility be required to ig up a temporary fence. ninary�plans for expansion of the Springbrook Interpretive building have patio area. That may be the type of area that could accommodate some had an approved fenced-in area right next to the building and a renter chose option, they should be allowed to have guests outside and still have the beer Mr. Kondrick stated that we should figure out what it would cost to put up a fence and that cost would _ be identified to a potential renter of the facility. Mr. Kirk sta.ted that the Commission could include an outdoor adjacent area in their recommendation. 1VIr. Heintz asked why some of the wording from the current ordinance was crossed out with the proposed changes. 32 Parks and Recreation Commission Meetin — Februa 5 2007 Pa e 5 Mr. Kirk stated that some of the changes are to conform our local ordinance to the same language that is used in the current state statutes. Also, you will see that the word "County" is stricken from in front of the parks affected by this ordinance. Anoka County parks have their own alcoholic beverages policy for the County Parks in our community. - MOTION by Mr. Heintz, seconded by Mr. Solberg, to approve Chapter 508.21 of the City Code pertaining to alcoholic beverages i allowing consumption in an outdoor fenced azea immediately adjacF UPON A VOICE VOTE, ALL MEMBERS DECLARED THE MOTION CARRIED. b. City Resolution Supporting the Improvement for°the Rice Mr. Kirk stated that the City has been requested by Arioka, Cc grant application that is being submitted by Anoka Coun� Department of Natural Resources. If awazded, the grant dt�i county trail between Highway 65 and Central Avenue. The : replacing trail segments, as well as providi�i� for some imnro� Mr. Kondrick stated he is in favor of in our community. MOTION by Mr. Solli� application for the,i�ipro UPON A VOICE � Ut DECLARED THE MOT �; c. Sho�vrriobile R�ntal,;Rec Mr!: Kirk stated that t�e::�.i sh��vxnobile for an eveiat have no� had any probler� �, , MOTIOI� by Mr. Heintz, of Mound for, �t�e 2, 20a ded by Mr the Rice Cr� MEMBERS �taff "recommended changes to City parks, with the addition of the Interpretive Building. ON KONDRICK �ek West Regional°Tr�il. � to submit a resolution �f support for a �rlcs a�d Recreation #o the Minnesota would be used to upgrade the existing o�ements would include repairing and in the at��mpt to improve a regional trail eintz, to support Anoka County in its DNR grant West Regional Trail. G AYE, CHAIRPERSON KONDRICK ��iest ��`��ound Fire Department ity has �t;ceived a request from the City of Mound Fire Department to rent our in June 2nd� Q� this year. They have rented the Showmobile in the past and we by Mr. Solberg to approve the showmobile rental request by the City UPON A VOICE� VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE= �VIOTION CARRIED. d. Showmobile Rental Requests (3) — City of Vadnais Heights 33 ORDINANCE NO. AN ORDINANCE AMENDING AND RECODIFYING CHAPTER 508 PERTAINING TO ALCOHOLIC BEVERAGES The Fridley City Council hereby finds after review, examination and recommendation of staff and Parks and Recreation Commission that Chapter 508 related to alcoholic beverages be hereby amended and ordains as follows: CHAPTER 508. PARKS AND PARKWAYS 508.21. ALCOHOLIC BEVERAGES It shall be unlawful for any persons to have in their possession or to consume an�y �i�nt}o P�k og liquor or 3.2% malt liquor in or upon any City, r '' �� r bathing beach �+-o.=n =_��;` except as provided in subdivisions 1, 2,3 and 4 below: 1. Notwithstanding laws to the contrary, possession and consumption of �3� 3•2% malt liquor is permitted in Locke Park. 2. The City Council may grant permission to consume �� 3•2% malt liquor in City; � +� +��r r•��-�� parks to neighborhood groups. 3. Notwithstanding any laws to the contrary, upon approval of the City Council and issuance of a tem�orarv on sale license for the sale of 3 2% malt liquor �e�i�, a club, charitable, religious or nonprofit public or private organization may sell and allow buyers to consume �� 3.2% malt liquor in Community Park and Commons Park. 4. Notwithstandin an laws to the contrar malt li uor or wine ma be sold and or consumed for rece�tions or social events within the Sprin�brook Nature Center Interpretive Buildin� andlor in an adiacent outdoor desi�nated snace allowed onlv bv special permrt under the followin� conditions: A. Ut�on issuance of a tem_porarv on-sale intoxicatin� lictuor license as provided for in Ch�ter 603 of the Fridlev Citv Code a club chantable reli�ious or nonprofit public or rivate or anization ma sell and allow bu ers to consume malt li uor and/or wine. B. Upon issuance of a temporarv on-sale 3 2% malt liquor license as provided for under Chapter 602 of the Fridlev Citv Code a club charrtable reli�ious or nonprofit pubhc or private or�anization mav sell and allow �uests to consume 3.2% malt liquor. C. A club charitable reli�ious or nonprofit public or private or�anization mav allow �uests to consume malt liquor or wine at their own or�anizational social �atherin . � Ordinance No. Page 2 D. A. private party may contract with a City of Fridle��proved licensed caterer to allow their �uests to purchase and or consume malt liquor or wine if they are rentin� the Sprin�brook Nature Center Interpretive Buildin� for a reception or social event. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2007. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk First Reading: Second Reading: Publication: � � CffY OF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 12, 2007 January 26, 2007 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #07-01, Gordon Sangster INTRODUCTION The petitioners, Gordon and Angela Sangster are seeking to replat the property located at 7169 Riverview Terrace into 2 single-family lots. Fridley requires that lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot #1 will be 103 feet in width and 11,200 square feet in size after the replat. Proposed Lot #2 will be 110 feet in width and 10,000 square feet in size after the replat. PLANNING COMMISSION RECOMMENDATION At the January 17, 2007, Planning Commission meeting, a public hearing was held for PS #07- 01. During the public hearing, the Planning Commission heard from two neighboring property owners who are in opposition of the preliminary plat request. The Planning Commission also received two letters of opposition into the record, one of which was from one of the neighboring property owners who spoke at the meeting. After a brief discussion, the Planning Commissioner's agreed the preliminary plat request meets the minimum standards and therefore, recommended approval of the preliminary plat request, PS #07-01, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. 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. 4. Property owner of record at time of building permit application shall obtain a permit from the City of Fridley for curb cut. 5. Petitioner to properly maintain Lot #2 until sale occurs. 6. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Petitioner shall provide easements as shown on preliminary plat drawing. 8. 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. City of Fridley Land Use Application PS 07-01 January 17, 2007 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Gordon and Angela Sangster 7169 Riverview Terrace Fridley MN 55432 Requested Action: Plat Purpose: To create 2 single family lots from one existing large single family lot Existing Zoning: R-1 Single Family Residential Location: 7169 Riverview Terrace Size: 21,200 sq. ft. .49 acres Existing Land Use: Single Family home Surrounding Land Use & Zoning: N: Single family home & R-1 E: Single family home & R-1 S: Single family home & R-1 W: Single family home & R-1 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Each lot will meet or exceed the City's minimum lot size standard. Zoning History: 1958 - Lot is platted. 1966 — House and garage built. 1980 — Porch constructed. Legal Description of Property: See legal description on preliminary plat drawina. Public Utilities: Located near property. Transportation: The new home will be accessed from 71 %2 Way and the existing home will receive access from Riverview Ter. Physical Characteristics: Flat lot with landscaping and gardens. SUMMARY OF REQUEST The petitioners, Mr. and Mrs. Sangster are seeking to replat the property located at 7169 Riverview Terrace to create 2 single family lots. SUMMARY OF ANALYSIS City Staff recommends approval of this plat request. • Proposed lots exceed the size standards required by the City of Fridley Zoning Code. • Provides additional homeownership opportunities for Fridley residents CITY COUNCIL ACTION/60 DAY DATE City Council — February 12, 2007 60 Day Date — February 15, 2007 Existing Home Staff Report Prepared by: Stacy Stromberg PS #07-01 ANALYSIS The petitioners, Gordon and Angela Sangster are seeking to replat the property located at 7169 Riverview Terrace in order to create two single-family lots. The subject property is zoned R-1, Single Family as are all surrounding properties. It is located on the corner of Riverview Terrace and 71 %2 Way. The existing home and attached garage was constructed in 1966 and a porch addition was constructed in 1980. The existing home and garage are located on the western portion of the lot. The existing lot is approximately 95 ft. by 226 ft. The petitioners plan to sub-divide the lot into 2 single family lots, one of which will accommodate the existing home and the other will allow for the construction of a new single-family home. Fridley requires that lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed Lot #1 will be 103 feet in width and 11,200 square feet in size after the replat. Proposed Lot #2 will be 110 feet in width and 10,000 square feet in size after the replat. Western portion of the lot (existing home) Eastern portion of the lot (new lot location) City staff has heard from three neighboring property owners who are in opposition of the proposed preliminary plat request. From our discussion with them, they are simply in opposition of the request because they don't want to see another single family house on the subject property. STAFF RECOMMENDATION City Staff recommends approval of this preliminary plat request, with stipulations. • Lots exceed minimum size requirements. • Provide additional homeownership opportunities for Fridley residents. STIPULATIONS City Staff recommend that the following stipulations be placed upon approval of this request. 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of building permits. 3. 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. 4. Property owner of record at time of building permit application shall obtain a permit from the City of Fridley for curb cut. 5. Petitioner to properly maintain Lot #2 until sale occurs. 6. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Petitioner shall provide easements as shown on preliminary plat drawing. 8. 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