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12/18/2000 - 4696OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING DECEMBER 18, 2000 � � a�r FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Man�l�.y, �ecembe�c. 1 k, 2000 � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS r . � " � ��% ; ��,C_�-��, �; .�t�<"`>; � ,.� ;`;J �, -� G_° r ,. � l C, y �---� �C ! � i_ � f, �V� /�--? �--- � L � n - - _ - .�_ � , _ , _ I � , , �� _. i,: :\.,' �� ` ` � l � ; _ > � � .J._ � / 1 ' � f� G ~ ' �:2 /� .� ( � �^ �� .�� L � ITEM NUMBER 0 0 � � GiY OF FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18, 2000 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, religio�, national origin, sex, disability, age, marital status, sexual orientation or status with regard to publi� assistance. Upon request, accommodation will be provided to a11ow individuals with disabilities t�i participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Donation from Wal-Mart for Project Impact APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Resolution Certifying the Final Tax Levy Requirements for 2001 to the County of Anoka .............................. 1- 2 2. Resolution Adopting the Final Budget for the FiscalYear 2001 ............................................................................. 3- 5 . FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18 2000 PAGE 2 , �,�� .�..,.,;.� _ ., : _ _ __ . _ - .. _ _�;:, �� - . .u,�. ___. . _ � APPROVAL OF PROPOSED CONSENT AGENDA: � . NEW BUSINESS (CONTINUED): 3. Resolution Authorizing Changes in Appropriations for the General Fund for September through November, 2000 _ .............................................................................. 6 8 4. Resolution Abating the Assessment and Adopting a New Assessment for 262 — 57th Avenue Northeast in Relation to the 57th Avenue Street Improvement Project No. ST. 1997 — 4 _ .................................................................. 9 10 5. Resolution Approving and Authorizing Signing an Agreement for Police Officers of the City of Fridley Police Depa�tment for the Year 2001 .............................. 11 - 36 6. Resolution Extending the Term of the Southern Anoka County Community Consortium Joint PowersAgreement .......................................................................... 37 - 40 7. Receive the Minutes of the Planning Commission Meeting of December 6, 2000 ......................................................... 41 - 44 8. Receive Bids and Award Contract for the Design and Installation of Filter Plant Access Platforms, Project No. 336 .............................................................. 45 - 46 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18, 2000 PAGE 3 _ _ . . _�.�. = � _�:��. ��. ,. . __�.:, APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Claims .....................................:..................................................... 47 � � ' 10. Licenses ......................................................................................... 48 11. Estimates ...................................................................................... 49 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARING: 12. Consideration of Zoning Text Amendment, ZTA #00-03, by the City of Fridley, to Allow for a Reduction in the Front Yard Setback Requirements from 35 Feet to 25 Feet in the R-1 One Family Dwelling District ................................................. 50 - 65 � � Y 1 . n FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18, 2000 PAGE 4 NEW BUSINESS: 13. First Reading of an Ordinance Amending Sections 205.04 and 205.07 of the Fridley City Code Pertaining to Front Yard Setbacks (Zoning Text Amendment, ZTA #00-03, by the City of Fridley) ....................................................................................... 66 - 68 14. Appointment to the Fridley Housing and Redevelopment Authority ................................................................... 69 15. Informal Status Report ....................................................................... 70 ADJOURN. � �1�:�� `s FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18, 2000 _ ��'� � : � .. _ -��-miroF�-..�:. �� 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 regazd to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (T"TD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Donation from Wal-Mart for Project Impact APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF PROPOSED CONSENT AGENDA: �� NEW BUSINESS: 1` l �,`��u,S � ' �I E�'v 1. Resolution Certifying the Final Tax Levy �c� Requirements for 2001 to the County of Anoka............................................... 1 - 2 ��-U3,oDd , �f,a"��,�� r. P�� c�� 111� �� 2. Resolution Adopting the Final Budget for the �.��n��i; �iscal Year 2001 .............................. 3- 5 � " Di y, U a t, y s a g, 7�%b `'"t a.^C" -�(na-,•�- �'^'�io�--�'�G� , '! S� a-0 (� '�'f-�-✓ G e ,tn s \ ✓l/�-� a2 i.'CYV�Q✓.. \ � Y �",1 U-+ ��f. I �--� �-, 5(i.ev�� -E-c.v i r.�. ;� e��°��sx-- �� v�� a�iG� I�� i C ' �t,(�� j j � Vv.z`V'C.- a l �f�� P�� ,c,J c� (� ��ov �e, �-[� �--- ��' 3. Resolution Authorizing Changes in Appropriations for the General Fund for September through ,� � November, 2000 ............................. 6- 8 1 .163�� b y� � I: c� � � v�- � �, � �'''�y�'`� 1 ,, I'�� 3�� c�1�cw� ,��'� ? Gl.v�;� V , � �/C' , p ; �� 1 4. Resolution Abating the Assessment and Adopting � a New Assessment for 262 — 57`" Avenue Northeast , in Relation to the 57�' Avenue Street Improvement 1 NEW BUSINESS (CONTINUED): 5. Resolution Approving and Authorizing Signing �I � an Agreement for Police Officers of the City of Fridley Police Department for the Year 2001 - l �', co-�'��-�....�,��.�..�YV�"Y�¢,S ��—vt�-y �a °fv � �� - � 6. Resolution Extending the Term of the Southem Anoka County Community Consortium Joint '' � Powers Agreement ........................... 37 - 40 �,.�.�r � � c.,,,,.- •� �; �—f-1°- ��e✓s o,rz�,.ee�.�. �" �i� �- Ja;nf ��- S� iv;`"`� �-r��.�,p . s'�� % � _S �/s O� o O a� � l U fl coK-t�-; 7. Receive the Minutes of the Planning Commission Meeting of December 6, 2000 .......... 41 - 44 8. Receive Bids and Award Contract for the Design and Installation of Filter Plant Access Platforms, Project No. 336 ............... 45 — 46 C�'Fw'C��- 1va�r..�- o�c{�5.5 Q(oti��5 U 9. Claims 10. Licenses......... Project No. ST. 1997 — 4 .................. 9—_�1_Q 11 , ,, < �� SG-� � �' �—i � r°(�-er � � rt.��-� 6 ° `� �4��-1 � g-D�� Estimates m 47 .... 48 49 .. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18, 2000 PAGE 2 . . �S , aNr+. , h� w;s; , e-- .n �;. ... %l., : �� ..... .... .... . ,... . .: e�, . ..... �... n. . .»...�_ .... • ..+..,. . . � . __..... ..�.; ..,.rra..�....�i+.ww ..... .. '.�iY�.�..w�wv� . .... . : '- virL � • • • � ��i� � . � ��ri.,�! 7'�-� '� ,:+ � , � - i �1 �-i ��- OPEN FORUM, VISITORS: Consideration of items not on Agenda -15 minutes. � � �-✓, � �i5� PUBLIC HEARING: �'!%I �,�V'v � �'v��', 12. Consideration of Zoning Text Amendment, (�� `� �.� d� ZTA #00-03, by the City of Fridley, to Allow ��, Ci � for a Reduction in the Front Yard Setback Requirements from 35 Feet to 25 Feet in the R-1 One Family Dwelling District .. 50 - 65 �� `1�� NEW BUSINESS: 13. First Reading of an Ordinance Amending Sections 205.04 and 205.07 of the Fridley City Code Pertaining to Front Yard Setbacks (Zoning Text Amendment, ZTA #00-03, by the City of Fridley) .................................... 66 - 68 ��-�� -� -�ll ' 14. Appointment to the Fridley Housing and 6� Redevelopment Authority .................... 69 � ��cSt � ,o�` � 1 � � ` ` � ��y= � � � �''. �� - � � �� ` �,6�C3 j S� 1 �.,� �,� . � �� __ __ _ _ _ __-___ � I 15. Informal Status Report .................. � � k-z- �IC,J �..�� . � �. �` ADJOURN. Q� t"�i'" ��' �� 1 I {�,� �- ... 70 (�.� l �`� Gi� �' � _ i ��.��,�� °�'� r� � �� TO: WILLIAM W. BURNS, CITY MANAGER � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: RESOLUTION CERTIFYING THE FINAL TAX LEVY FOR 2001 TO THE COUNTY OF ANOKA DATE: NOVEMBER 15, 2000 In conformance with Minnesota Statutes Chapter 275.07, subd. 1 attached is a resolution certifing the final tax levy requirements to the Anoka County Auditor. Chapter 275.07 requires the City to certify its final tax levy requirements to the County Auditor within 5 working days after December 2dr'. The final tax levy for2001 is $4,205,000 compared to $4,035,671 for 2000. This is a 4.2% increase. We request the City Council pass the attached resolution to certify the final tax levy. Remember that this resolution must be adopted prior to adopting the final budget. RDP/ce Attachment 2001 BudgeflResolutionsWOFINAL Res Certifying Levy For 01 To CTY r L RESOLUTION NO. _ - 2000 A RESOLUTION CERTIFYING THE FINAL TAX LEVY REQUIREMENTS FOR 2001 TO THE COUNTY OF ANOKA WHEREAS, Chapter Seven, Section 7A2 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, Minnesota Statute Chapter 275, Section 07 requires the City to certify its tax levy requirements to the County Auditor; NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County Auditor of the County of Anoka, State of Minnesota, the following tax levy to be levied in 2000 for the year 2001. GENERAL FUND General Fund $ 4,117,233 CAPITAL PROJECT FUND Capital Improvement Fund - Parks Division 72,667 AGENCY FUND Six Cities Watershed Management Organization 6,200 Stonybrook Creek Sub-Watershed District 8,900 TOTAL ALL FUNDS . 4 0 000 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18TH DAY OF DECEMBER 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK 20018udgetlResolutions00PINAL Res CeAifying Levy For01 To CN � NANCY J. JORGENSON - MAYOR - TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: RESOLUTION ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR 2001 DATE: DECEMBER 5, 2000 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is the 2001 final budget. Chapter 275 requires the City to certify afinal budget to the County Auditor prior to December 28. We request the City Council pass the attached resolution and adopt the 2001 final budget. Remember that the levy resolution must be adopted prior to adopting the final budget. RDP/ce Attachment 2001 BudgeflResolution300FINAL Res For City 8 Letter � � RESOLUTION NO. - 2000 A RESOLUTION ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2001 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, the City Manager has prepared such document and the City Council has met several times for the purpose of discussing the budget; and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City shall hold a public hearing to adopt a budget; and WHEREAS, the City Council has held a public hearing and has concluded the budget as prepared is appropriate; NOW THEREFORE, BE IT RESOLVED that the following budget be adopted and approved: GENERAI FUND Taxes and Special Assessments: Current Ad Valorem Deliquent, Penalties, Forfeited Special Assessments Licenses and Permits Licenses Permits Intergovernmental: Federal State- Local Government Aid Homestead and Agriculture Credit Aid All Other Charges for Services: General Government Public Safety Conservation of Health Recreation Fines and Forfeits - - Interest on Investments Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets Liquor Fund Closed Debt Service Fund Employee Benefit Fund Police Activity Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve TOTAL GENERAL FUND ESTIMATED REVENUE $ 3,997,314 54,000 6,000 186,000 653,000 5,000 1,687,729 1,069,173 535,782 800,410 150,525 12,500 236,300 190,500 435,000 153,600 20,000 300,000 232,900 150,000 193,105 11,068,838 595,184 $ 11,664,022 �7 Legislative: City Council Planning Commissions Other Commissions City Management: General Management Personnel Legal Finance: Elections Accounting Assessing MIS City Clerk/Records Police: Police Civil Defense Fire: Fire Rental Inspections Public Works: Municipal Center Engineering Lighting Park Maintenance Street Maintenance Recreation: Recreation Naturalist Community Development Building Inspection Planning Reserve: Emergency Nondepartmental: APPROPRIATIONS $ 119380 1,760 3, 351 286,552 140,973 296,298 1,025 602,715 149,686 272,445 148,641 3,492,745 15,629 873,361 97,156 238,126 508,822 203,600 906,610 1,282,330 818,617 280,820 304,315 445,545 100,000 73,520 $ 11,664,022 � 0 � � u SPECIAL REVENUE FUNDS Cable N Fund Grant Management Fund Solid Waste Abatement Fund Housing Revitialization Fund Police Activity Fund Fund Balance TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUND Capital Improvement Fund Taxes-CuRent Ad Valorem HACA Interest on Investments Park Fees Fund Balance TOTAL CAPITAL PROJECTS FUND AGENCY FUND Six Cities Watershed Fund Taxes-Current Ad Valorem TOTAL AGENCY FUND TOTAL ALL FUNDS $ 151,000 432,530 277,500 250,000 115,000 156.807 $ 1,382,837 $ 70,550 15,000 417,225 30,000 15 62 $ 1,348,400 �� 6,200 $ 6,200 � $ 14,401,459 General Capital Improvement Streets Capital Improvement Parks Capital Improvement Six Cities Watershed $ 114,481 432,530 314,700 250,000 271,126 $1,382,837 � $ 204,000 830,000 314,400 $ 1,348,400 6,200 $ 6,200 � $ 14,401,459 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18TH DAY OF DECEMBER 2000. ATTEST: DEBRA A: SKOGEN - CITY CLERK 20018udgellReadutlonaWOFINAL Rss For Cily 6 lelter 12/5/00 5 NANCY J. JORGENSON - MAYOR TO: WILLIAM W. BURNS, CITY MANAGER � �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: MODIFICATIONS TO THE 2000 BUDGET DATE: December 4, 2000 Attached you will find a resolution amending appropriations to the2000 budget in accordance with the City Charter. The adjustments listed have arisen as a result various donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjustmenfis through the Budget reappropriation form. We request that the Council approve the amendment of the attached budgets. RDP/ce Attachment � Resolution # - 2000 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR SEPTEMBER THRU NOVEMBER, 2000 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2000. NOW, THEREFORE, BE IT RESOLVED that the General Fund and Capital Improvement Fund budgets for the following divisions be amended as follows: GENERAL FUND REVENUE ADJUSTMENTS Police-Reimbursement Rec & Nat-Donation Rec & Nat-Donation APPROPRIATION ADJUSTMENTS Police-Personal Services Rec & Nat-Suppties Rec-Other Services & Charges Rec-Other Services 8� Charges Police-Other Services & Charges Police-Personal Services Police-Other Services & Charges Pol ice-Ca pital Outlay Fire-Other Services & Charges Fire-Personal Services 1,200 1,400 1,270 3.870 1,200 200 1,200 1,270 5,015 -5,015 3,160 -3,160 9,600 -9,600 � 7 Anoka County Fridley Lions Craft Show Registration Narcotic & Violent Task Force Senior Center Copying Costs Senior Center Operating Costs Craft Show Expenses Moved from Personal Services Moved to Services Contracted Moved from Capital Outlay Moved to Professional Services Moved from Temporary Employee Moved to Professional Services CAPITAL IMPROVEMENT FUND STREETS CAP/TAL IMPROVEMENT REVENUE ADJUSTMENTS State Aid Money Close out Fund 555 to Fund 408 Close out Fund 559 to Fund 408 Fund Balance Fund Balance Fund Balance Fund Balance Fund Balance 51,136 277,357 58,807 357,144 14,033 205,081 110, 369 101,428 0 APPROPRIATION ADJUSTMENTS Capital Outlay Capital Outlay Capitai Outlay Capitai Outiay Capital Outiay Capital Outlay Capital Outlay Capitai Outlay 51,136 277,357 58, 807 357,144 14,033 205,081 110,369 101,428 1.175.355 Department of Transportation 1996 Street Construction (555) 2000 Street Construction (559) 1998 Hackman Project (557) 1998 Street Construction (557) Melody Manor Street Project (559) Stinson Bivd Reconstruction (559) University Ave Ditch Project (559) Street Projects Ciose out Fund 555 to Fund 408 Ciose out Fund 559 to Fund 408 1998 Hackman Project 1998 Street Construction (557) Melody Manor Street Project (559) Stinson Blvd Reconstruction (559) University Ave Ditch Project (559) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18TH, DAY OF DECEMBER, 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK �• NANCY J. JORGENSON - MAYOR AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 18, 2000 CRY OF FRIDLEY TO: WILLIAM W. BURNS, CITY MANAGER �`� �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTION ABATING THE ASSESSMENT AND ADOPTING A NEW ASSESSMENT FOR THE PROPERTY AT 262 57� AVENUE NORTHEAST DATE: December 6, 2000 Attached is a resolution abating an assessment of $11,866.80 for the David and Norma Rust property at 262 57`h Avenue Northeast. This assessment was a part of the 57`h Avenue Street project and was passed on September 13, 1999. The Rusts filed an appeal and a settlement was reached between them and the City of Fridley. The resolution also adopts the new assessment of $4,800.00 which was agreed upon in the settlement. The assessment will be for 10 years at a rate of 6.5%. RDP/sf Attachment �., CJ RESOLUTION NO.= 2000 RESOLUTION ABATING THE ASSESSMENT AND ADOPTING A NEW ASSESSMENT FOR 262 57� AVENUE NORTHEAST IN RELATION TO THE 57� AVENUE STREET IMPROVEMENT PROJECT NO. ST. 1997-4 WHEREAS, on September 13, 1999 the City Council adopted an assessment roll for the 57�' Avenue Street Improvement Project No. St 1997-4; and WHEREAS, the assessment roll included the property at 262 57`h Avenue Northeast with an assessment of $11,866.80; and WHEREAS, on September 22, 1999, the property owners of 262 57`h Avenue NE, David and Norma Rust, filed an appeal of their special assessment in the Tenth District Court; and WHEREAS, on _, 2000 a settlement was reached between the Rusts and the City of Fridley reducing the assessment to $4,800.00; and WHEREAS, the Rusts have paid the 2000 property taxes including the special assessment amount levied for 2000 for the 57`h Avenue Improvement project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: That the assessment of $11,886.80 on the property at 262 57`h Avenue Northeast, PIN No. 23-30-24-23-0022, be abated and thai an assessment of $4,800.00 be levied against the property. Such assessment shall be payable in equal annual installments extending over a period of 10 years and shall bear interest at a rate of 6%z percent per annum from the date of the adoption of the original assessment (September 13, 1999). Such assessment shall be reduced by the amount the owners have already paid with their 2000 property taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY . THIS _ DAY OF , 2000. NANCY J. JORGENSON - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK W � � C�iY oP ERIDLEY M E M O R A N D U M v�ebo�nic �alil, Dinector of Human Resources (763) 572-3507 Memo to: From: , Subject: Date: � William W. Burns, City Manager �� Deborah Dahl, Director of Human Resources �� 2001 LEIS Contract December 14, 2000 Attached is the labor agreement and the accompanying resolution setting forth terms and conditions of employment for police officers in 2001. Apart from changes in dates and correction of typographical errors, the following is a summary of the changes for the 2001contract: 1. 2. 3. Article 35. Durafion. A one-year contract has been negodated through December 31, 2001. Article 17.1 Benefits. The employer will contribute up to the maximum amount provided per month to non-union employees toward health, dental, life and long-term disability insurance, in accordance with the employer's fle�cible benefit plan, for employees choosing single or dependant coverage for calendar year 2001. Article 22.1 Wages. 1fie City of Fridley has agreed to increase hourly rates for LEIS union members 4% from 2000 wages. Specialty Pay for employees assigned to specialty positions will be paid 5% above the top patrol rate. (This standardizes the rte to 5%, previously the rate was appro�cimately 4.6%.) Employees assigned to Field Training Officers shall receive one hour of overtime or compensatory time in addition to any other overtime worked. 11 I request that you present this contract to the City Council for consideration at their meeting of December 18, 2000, with the recommendation for approval. cc: David H. Sallman, Public Safety Director Chuck Bengston, LELS Business Agent Kurt Morse, LELS Steward Maureen Meisner, LEIS Steward Gary Lenzmeier, Deputy Director of Public Safety Herb Zimmerman, Police Lieutenant Joan Nunemaker, Human Resources Secretary Frederic W. Knaak, City Attorney Cyrus F. Smythe, Labor Relations Associates, Inc. 2 12 0 RESOLUTION NO. - 2001 A RESOLUTION APPROVING AND AUTHORIZING SIGNING AN AGREEMENT FOR POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR Z001 WHEREAS, the Law Enforcement Labor Services, Inc. as bargaining representative of the Police Officers of the City of Fridley, has presented to the City of Fridley various requests relating to the wages and working conditions of Police Officers of the Police Deparlment of the City of Fridley; and WHEREAS, the City of Fridley has presented various requests to the Union and to the Employees relating to wages and working conditions of Police Officers of the Police Deparhnent of the City of Fridley; and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WI�REAS, agreement has now been reached between the representatives of the two parties on the proposed changes in the existing contract between the City and the Union; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit "A") relating to wages and working conditions of Police Officers of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF 'TI� CITY OF FRIDLEY THIS DAY OF , 2000. ATTEST: DEBRA SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 3 13 � 11: LABOR AGREIIV�NT BETWEEN TI� CITY OF FRIDLEY AND LAW ENFORCIIVIII�iT LABOR SERVICES, INC. LOCAL NO. 119 2001 REV�W COPY ONLY 4 GC� � . � a LABOR AGREEMENT BETWEEN TI� CITY OF FRIDLEY AND LAW ENFORCIIVIIIVT LABOR SERVICES, INC. LOCAL NO. 119 2001 TABLE OF CONTENTS ARTICLE PAGE 1. Purpose of Agreement 1 2. Recognition 1 3. Definitions 2 4. Employer Security 3 5. Employer Authority 3 6. Union Security 3 7. Employee Rights - Grievance Procedure 4 8. Savings Clause � 9. Seniority � 10. Discipline g 11. Constitutional Protection 9 12. Work Schedules 9 13. Overtime 9 5 15 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Court Time Call Back Time Worldng Out of Classification Insurance Standby Pay Uniforms P.O.S.T. Training Longevity and Educational Incentive Wage Rates Legal Defense Probationary Periods Annual Leave Holidays Short-term Disability Bereavement Leave Pay Jury Pay Compensatory Time Employee Education Program Pay for Investigators or School Resource Officer BMC Case No. 85-PN-486-A. Issue 8 Waiver Duration 6 � �� 10 10 10 10 11 11 11 11 12 13 13 13 15 16 17 17 17 17 18 19 19 19 . � LABOR AGREEN�.NT BETWEEN TI� CITY OF FRIDLEY AND LAW ENFORCIIVIENT LABOR SERVICFS, INC. LOCAL N0.119 Article 1. Purpose of Agreement This Agreement is entered into between the City of Fridley, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. Article 2. Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, subdivision 8, for all police personnel in the following job classifications: 1. Police Officer 2. Police Corporal 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion - of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. 1 17 Article 3. Defuritions 3.1 Union Law Enforcement Labor Services, Inc. 3.2 Union Member A member of the Law Enforcement Labor Services, Inc. 3.3 Employee . A member of the exclusively recognized bargaining unit. 3.4 ment The Fridley Police Department. 3.5 Employer The City of Fridley. 3.6 Chief The Public Safety Director of the Fridley Police Department. 3.7 Union Officer Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3 . 8 Investi,gator/Detective An Employee specifically assigned or classified by the Employer to the job classification and/or job position of Investigator/Detective. 3.9 Overtime ` Work performed at the express authorization of the Employer in excess of the Employee's - scheduled shift. 3.10 Scheduled Shift A consecutive work period, including rest breaks and a lunch break. 2 : . 3.11 Rest Breaks Periods during the scheduled shift during which the Employee remains on continual duty and is responsible for assigned duties. 3.12 Lunch Break A period during the scheduled shift during which the Employee remains on continual duty and is responsible for assigned duties. 3.13 Strike Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful; and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligafions of employment. Article 4. Fanployer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, parkicipate in or support any strike, slow-down or other interruption of or interference with the normal functions of the Employer. Article 5. F�nployer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. Article 6. Union Security 6.1 The Employer shall deduct from the wages of Employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 3 19 : 6.2 The Union may designate Employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the Employee bulletin board for posting Union notice(s) and announcement(s). R 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ' Article 7. Finployee Rights — Grievance Procedure 7.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representafives The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by Section 6.2 of this Agreement. 7.3 Processing of Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal worldng hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 4 20 7.4 Procedure Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1 An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has 1 occurreci, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2, shall be placed in writing setting forth the nature of the grievance, the facts on which it is based; the provision or provisions of the Agreement allegedly violated; the remedy requested; and shall be, appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer to Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2 If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designatsd representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Ste� 2a If the grievance is not resolved at Step 2 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 3 of the grievance procedure. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days of inediation shall be considered waived. Step 3 A grievance unresolverl in Step 2 or Step 2a and appealed to Step 3 by the Union shall be submitted to arbitrarion subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 5 21 7.5 Arbitrator's Authoritv a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent ` with, or modifying or varying in any way to application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or applicafion of the express terms of this Agreement and to the facts of the grievance presented. c. Tfie fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provide� that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. � 22 7.7 Choice of Remedv If, as a result of the written Employer response in Step 2 or 2a, the grievance remains unresolved, and if the grievance involves the discipline of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 3 of Article 7 or to the Civil Service Commission. If appealed to the Civil Service Commission the grievance is not subject to the arbitration procedure as provided in Step 3 of Article 7. The � aggrieved Employee shall indicate in writing which procedure is to be utilized - Step 3 of Article 7 or the appeal procedure in the Fridley Police Department Civil Service Rules and = Regulations - and shall sign a statement to the effect that the choice precludes the aggrieved Employee from maldng a subsequent appeal through Step 3 of Article 7. Article 8. Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agrcement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. Article 9. Seniority 9.1 Seniority shall be deternuned by the Employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period, a newly hired or rehired Employee may be discharged at the sole direction of the Employer. During the probationary period a promoted or reassigned Employee may be replaced in his/her previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An Employee on layoff shall have an opportunity to return to work within two years (2) of the time of his/her layoff before any new Employee is hired. 9.4 Senior Employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualificadons of Employees are equal. 9.5 Senior qualified Employees shall be given shift assignments preference after eighteen (18) months of continuous full-time employment. 7 23 9.6 One continuous scheduled annual leave period shall be selected on the basis of seniority until March 1°` of each calendar year. After March 1°`, scheduled annual leave shall be on a first-come, first-served basis. 9.7 Employees shall lose their seniority for the following reasons: a. Discharge, if not reversed; b. Resignation; c. Unexcused failure to return to work after expiration of a vacation or formal leave of absence. Events beyond the control of the Employee, which prevent the Employee from returning to work will not cause loss of seniority; d. Retirement. Article 10. Discipline 10.1 The Employer will discipline Employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or e. dischazge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an Employee's personnel file, shall be read and aclrnowledged by signature of the Employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. t 10.5 Discharges will be preceded by suspension without pay for forty (40) regularly scheduled ` working hours unless otherwise required by law. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. : � 10.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the grievance procedure under Article 7. Article 11. Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota State � Constitutions. 9 Article 12. Work Schedules 12.1 The normal work year is an average forty (40) hour work week for full-time Employees to be accounted for by each Employee through: a. hours worked on assigned shifts; b. holidays; c. assigned training, e. authorized leave time. 12.2 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. Article 13. Overtune 13.1 Employees will be compensated at one and one-half (1-1/2) times the Employee's regulaz base pay rate for hours worked in excess of the Employee's regularly scheduled shift. Changes of shifts do not qualify an Employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by Employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the Employee from so working. Article 14. Court Time 14.1 An Employee who is required to appear in court during his/her scheduled off-duty time shall receive a minimum of three (3) hours pa.y at one and one-half (1-1/2) times the 9 25 Employee's base pay rate. If the court appearance is during the Employee's off-duty time and the court appearance is canceled, the Employee will be notified by the end of the business day (5:00 p.m.) preceding the court appearance. If no6fication of cancellation is not given by the end of the business day (5:00 p.m.) preceding the court appearance, the Employee will received �(3) hours pay at one and one-half times (1 1/�) the Employee's base rate of pay. 14.2 1fie business day notice will apply to court appearances handled by the County Attomey's � office and/or court appearances handled by other counties or agencies. a 14.3 The business day notice does not apply to court appearances handled by the City Prosecutor. 14.4 Officers who have received notice for a court appearance by the City Prosecutor may, at their option, appear in court or telephone to determine if their appearance is required. If they telephone and their appearance is not required, they will not be eligible for the minimum payment for a court appearance. 14.5 Officers must appear in traffic court when required. Article 15. Call Back Time 15.1 An Employee who is called to duty during the Employee's scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1-1/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the Employee for the three (3) hour minimum. 15.2 An Employee who works extra-duty work (outside employment) during the Employee's scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1 '/�) dmes the Employee's base pay rate. Article 16. Working Out of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. � Article 17. Insurance 17.1 For the calendar year 2001, for Employees choosing single coverage, the Employer will contribute up to $290.00 per month per employee toward health, life and long-term disability insurance, or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's flexible benefit plan. 10 � 17.2 For the calendar year 2001, for Employees choosing dependent coverage, the Employer will contribute up to $488.00 per month per employee toward health, life and long-term disability insurance, or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's flexible benefit plan. 17.3 By mutual agreement each Employee may use the remaining amount of Employer contribution per month in 17.1 to purchase group dental insurance offered through the city, in accordance with the benefits provided for non-union Employees through the Employer's flexible benefit plan. 17.4 The Employer will provide group term life insurance with a maximum of $25,000 per Employee and additional accidental death and disability insurance with a maximum of $25,000 per Employee. Provided that the total City cost for all insurance premiums does not exceed the amount set for in this Article. Article 18. Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. Article 19. Uniforms The Employer shall provide required uniform and equipment items. Article 20. P.O.S.T. T�aining 20.1 Employer shall assign training at Employer's expense for Police Officers to complete 48 hours of P.O.S.T. Board approved education during each three-year licensing period. 20.2 Employer shall pay the cost of maintaining P.O.S.T. licensure for all Employees required to maintain the license. Article 21. Longevity and Educational Incentive Effective July 1, 1978, the following terms and conditions are effective, except that Employees hired after 7anuary 1, 1987, shall not be eligible for educational incentive. 21.1 After four (4) years of continuous employment each Employee shall choose to be paid three percent (3 %) of the Employee's base rate or supplementary pay, based on educational credits as outlined in 21.6 of this Article. 11 27 21.2 After eight (8) years of continuous employment, each Employee shall choose to be paid supplementary pay of five percent (5 %) of the Employee's base rate, or supplementary pay based on educational credits, as outlined 21.6 of this Article. 21.3 After twelve (12) years of continuous employment, each Employee shall choose to be paid supplementary pay of seven percent (7%) of the Employee's base rate, or supplementary pay based on educational credits, as outlined in 21.6 of this Article. 21.4 After sixteen (16) years of continuous employment, each Employee shall choose to be paid supplementary pay of nine percent (9%) of the Employee's base rate, or supplementary pay based on educational credits, as outlined in 21.6 of this Article. 21.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 21.6 Supplementary pay based on educational credits will be paid to Employees after twelve (12) months of continuous employment at the rate of: Educational credits stated in Percentage Pay terms of college quarter credits increment 45 - 89 3% 90 - 134 5 % 135 - 179 7% 180 or more 9 % Not all courses are to be eligible for credit. Courses receiving �ualifying credits must be job-related. (Thus, a four-year degree is not automatically 180 credits - or two year certificate is not automatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. For example: If Principles of Psychology (8 credits) is required before taldng Psychology of Police Work (3 credits), completion of those courses would yield a total of eleven qualifying credits. C.E.U.'s (Continuing Education Units) in job-related seminars, short courses, inskitutes, etc. shall also be counted. The Employer shall deternune which courses are job-related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-370-A. 12 : Article 22. Wage Rates 22.1 The following hourly wage rates will apply for 2001: 2001 Start $15.64 After six months $16. 84 . After one year $19.24 After two years $21.62 � After � yeazs $24.03 22.2 Employees classified or assigned by the Employer to the following job classifications or positions will receive five percent (5 %) in addition to their regular tap patrol wage rate: Investigative (detective) School Resource Officer Juvenile Officer Dog Handler Paramedic Rental Housing Officer 22.3 Employces classified by the Employer to the following job classification will receive two hundred thirty dollazs ($230.00) per month or two hundred thirty dollars ($230.00) pro- rated for less than a full month in addition to their regular wage rate: Corporal 22.4 An Employee certified for and assigned to Field Training Officer (FTO) duties shall receive a minimum of one hour of overtime or compensatory time, in addition to any other overtime worked for each complete shift worked as Field Training Officer. The rate of pay will be equal to the overtime rate or compensatory time at time and one-half up to the limit in Article 30. Article 23. Legal Defense 23.1 Employees involved in litigation because of proven negligence, or non-observance of laws, or of a personal nature, may not receive legal defense by the municipality. 23.2 Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under the direct order of his/her supervisor, shall be reimbursed for attorney's fees and court costs actually incurred by such Employee in defending against such chazge. 13 29 23.3 Employer will provide protection for all Employees against false arrest charges. Article 24. Probationary Periods All newly hired or rehired Employees will serve a twelve (12) month probationary period. Article 25. Annual Leave 25.1 Fach Employee shall be entitled to annual leave away from employment with pay. Employees shall accrue annual leave based on an average eight (8) hour work day. Annual leave may be used for scheduled or emergency absences from employment. Annual leave pay shall be computed at the regular rate of pay to which such an Employee is entitled; provided, however, that the amount of any compensation shall be reduced by the payment received by the Employee from workers' compensation insurance, Public Employees Retirement Association disa.bility insurance, or Social Security disability insurance. An Employee's accumulation of annual leave will be reduced only by the amount of annual leave for which the Employee received compensation. 25.2 Seniority shall apply on scheduled annual leave up to March 1� of each year. After March 1�, scheduled annual leave shall be on a first-come, first-served basis. 25.3 A beginning Employee shall accrue annual leave at the rate of eighteen (18) days (144 hours) per year for the first seven ('n years (84 successive months). An Employee who has worked seven ('� years (84 consecutive months) shall accrue annual leave at the rate of twenty-four (24) days (192 hours) per year, beginning with the eighty- fifth (85�) month of successive employment. An Employee who has worked fifteen (15) years (180 successive months) shall accrue annual leave at the rate of twenty-six (26) days (208 hours) per year, beginning with the one hundred eighty-first (181'� month of successive employment. These rates are based on a forty-hour (40) regular workweek. The actual amount credited to an Employee in any given pay period shall be prorated according to the actual number of regular hours worked during that pay period. Hours worked on overtime, callback, or standby shall not enter into the calculation of the accrual of annual leave. 25.4 For an Employee hired on or after January 1, 1984: The maximum total accumulation of annual leave at the end of any given year shall be thirty (30) days (240 hours). 14 30 Once a year, at a time designated by the City, an Employee who has completed five (� years of service with the City will have the opportunity to exchange up to five days (40 hours) of accumulated annual leave for cash. 25.5 For an Employee hired before January 1, 1984: Vacation accrued but unused as of December 31, 1983, shall be converted by annual leave at the rate of one (1) day of annual leave for one (1) day of vacation. Accrued but unused sick leave as of December 31, 1983, shall be converted to annual leave according to the following schedule: a. 1" 45 days � 1 day of annual leave for 1 day of sick leave b. 2°� 45 days @ 1 day of annual leave for 2 days of sick leave c. Remainder Q 1 day of annual leave for 3 days of sick leave In lieu of severance pay, one hour of annual leave shall be credited for each full month of employment up to a maximum of two hundred forty (240) hours. The total amount of annual leave credited to the Employee's balance as of January 1, 1984, shall be equal to accrued but unused vacation plus accrued but unused sick leave converted according to the formula above plus the amount in lieu of severance pay. If upon conversion to the annual leave plan an Employee's accumulation of annual leave exceeds thirty (30) days (240 hours), that amount shall be the maximum total accumulafion (cap) for that Employee at the end of any subsequent year. Once a year, at a dme designated by the City, an Employee will have the opportunity to exchange up to five (5) days (40 hours) of accumulated annual leave for cash. In addition, once a year at a time designated by the City, an Employee with an accumulation of annual leave in excess of thirty (30) days (240 hours) will have the opportunity to exchange up to five (5) days (40 hours) of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap) of an Employee by an equal amount. 25.6 An Employee who wishes to take advantage of the catch-up provision of the I.C.M.A. Retirement Corporation may exchange as many days as desired for cash under the following conditions: a. The Employee's cap is reduced by the number of days exchanged. b. In no case may the cap be reduced below thirty (30) days (240 hours). c. An Employee talcing advantage of this provision must file the appropriate forms with the payroll division of the Employer. 15 31 25.7 Upon separation from employment with the City, an Employee will be paid one (1) day's salary for each day of accrued annual leave remaining in the Employee's balance. Article 26. Holidays 26.1 Employees will accrue eight (8) hours of holiday leave for each of eleven (11) holidays in a calendar year. 26.2 In addition to the eleven holidays, Employees assigned to the Patrol Division shall be paid - at one and one-half (1- 'h) times their base rate of pay for all hours worked on the actual holiday between the hours of midnight and midnight. For any overtime hours worked on a holiday, Employees will be paid two (2) times their base rate of pay. 26.3 Employees, with approval, may use accumulated holiday leave time in any hourly increment the Employee chooses. Article 27. Short Term Disability 27.1 Calculation of the short-term disability benefit shall be based on an average eight (8) hour workday. Each Employee who has successfully completed the Employee's probationary period shall be eligible for the short-term disability benefit. Such an Employee shall be entifled to full pay commencing on the twenty-first (21°� consecutive working day on which the Employee is absent (after absence for 160 consecutive regularly scheduled worldng hours) due to a physician-certified illness or injury off the job, and continuing until the Employee returns to work able to carry out the full duties and responsibilities of the Employee's posidon or through the one hundred tenth (110�') worldng day (880� regularly scheduled working hour) of absence, whichever occurs first. Such an Employee shall also be entitled to full pay commencing on the eleventh (11�) consecutive working day on which the Employee is absent (after absence for eighty consecufive regularly scheduled working hours) due to a physician-certified illness or injury on the job and continuing until the Employee returns to work able to carry out the duties and responsibilities of the Employee's position or through the one hundredth (10(Y'') working day (800� regulazly scheduled working hour) of absence, whichever occurs first. The amount of any compensation for the short-term disability benefit shall be reduced by any payment received by the disabled Employee from workers' compensation insurance, Public Employees Retirement " Association disability insurance, or Social Security disability insurance. Payment of short- term disability benefit by the City to an Employee shall not exceed ninety (90) worldng • days (720 working hours) for any single illness or injury, regardless of the number and spacing of episodes. The annual leave balance of an Employee receiving short-term disability benefit shall not be reduced, nor shall such Employee accrue annual leave during that period. 16 32 27.2 Before any short-term disability payments are made by the Employer to an Employee, the Employer may request and is entitled to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. Tfie Employer also reserves the right to have an examination made at any time of any Employee claiming payment under the short- � term disability benefit. Such examination may be made on behalf of the Employer by any competent person designated by the Employer when the Employer deems the same to be ' reasonably necessary to verify the illness or injury claimed. 27.3 If an Employee hired before January 1, 1984, has received payments under the injury-on- duty provisions of previous contracts, the number of days for which payment was received will be deducted from the number of days of eligibility for coverage under short-term disability for that same injury. Article 28. Bereavement Leave (formerly �neral Pay) Bereavement leave will be granted to full-time Employees up to a maximum of twenty-four (24) scheduled hours. Bereavement Leave is granted in case of deaths occurring in the immediate family. For this purpose, immediate family is considered to include: spouse, child, parent, grandparent, grandchild, brother or sister, mother-in-law and father-in-law. Article 29. Jury Pay It shall be understood and agreed that the Employer shall pay all regular full-time Employees serving on any jury the difference in salary between jury pay and the Employee's regular salary or pay while in such service. Article 30. Compensatory Time Management reserves the right to approve compensatory time in lieu of overtime pay. Compensatory time shall not be accumulated in excess of twenty-four (24) hours, and must be used within the calendar year in which it was accumulated as determined by the � Employer. 4 Article 31. Employee Education Prograin 31.1 The Employer will pay certain expenses for certain educadon courses based on the following criteria: 17 33 a. The training course must have relevance to the Employee's present or anticipated career responsibilities; b. Attendance shall be at an irtstitution approved by the Employer. The course must be approved by the Chief. c. Financial assistance will be extended only to courses offered by an accredited institution. lfiis includes vocational schools, Minnesota School of Business, etc. 31.2 Programs Financial Policy - Financial assistance not to exceed the amount of two thousand, nine hundred, twenty-five dollars ($2,925.00) per Employee per year will be extended to cover the cost of tuition, required books or educational materials, and required fees related to the course. Charges for student union membership, student health coverage and other chazges for which the student receives some item or services other than actual instruction will not be paid. The Employer will pay fifty percent (50%) of the cost of tuition in advance of the Employee's actual participation in the course and the Employee shall pay fifty percent (50%) of the cost. Upon successful completion of the course, an Employee will be required to present to the Chief a certification of sadsfactory work. Satisfactory work is defined as follows: a. In courses issuing a letter grade, a C or above is required. b. In courses issuing a numerical grade, seventy percent (70%) or above is required. c. In courses not issuing a grade, a certification from the instructor that the student satisfactorily participated in the activities of the course is required. 31.3 If the Employee satisfactorily completes the course, the Employee will be reimbursed for the additional fifty percent (50%) of the tuition cost for which the Employee obligated himself or herself in the approved application as well as for the cost of any course required books, educational materials or fces. If the Employee fails to satisfactorily complete the course, the Employee will not be reimbursed for these costs. 31.4 The program will not reimburse the Employee for the hours the Employee spends in class, only for the tuidon. 31.5 F.�cpenses for which the Employee is compensated under some other educational or Y assistance program, such as the GI bill, will not be covered. 31.6 The City will not pay tuition or other costs for those courses, which are used to make the Employee eligible for additional salary. : �. Article 32. Pay for Investigators, School Resource and Rental Housing Officers Employees receiving the five (5°l0) percent per month differential pay shall not be eligible for the . overtime provisions of the contract applicable to Police Officers, but they shall be eligible to receive overtime at time and one-half the Employee's regular base rate of pay if the Employee is assigned by the Employer to work in excess of the number of hours allowed by the Fair Labor ' Standards Act for the work period chosen by the Employer in accordance with the special overtime exemptions for public safety Employees. Article 33. BMC Case No. SS-PN-48frA, LSSUe 8 The Employer shall establish a minimum of two (2) months between each shift change in the rotation. Article 34. Waiver 34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 34.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated durafion of this Agreement. The Employee and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regazding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by the Agreement, even though such terms or conditions may not have been within the lrnowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. Article 35. Daration ' This Agreement shall be effective as of the first day of January, 2001, and shall remain in full force and effect through the thirty-first day of December, 2001. In witness whereof, the parties hereto have executed this Agreement on this day of , 2000. 19 35 FOR CITY OF FRIDLEY �Tancy J. 7orgenson, Mayor (Date) William W. Burns, City Manager (Date) FOR LAW ENFORCEMENT LABOR SERVICES, INC. Chuck Bengston, LEI,S Business Agent (Date) Kurt Morse, Steward (Date) I hereby recommend approval of this agreement. Deborah K. Dahl, Human Resources Director (Date) David H. Sallman, Public Safety D'uector (Date) 20 �� : AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 18, 2000 GTY OF FRIDLEY Memo to: The Mayor and Council � From: William W. Burns, Crty Manager �,�11'� Subject: Extension of SACCC Joint Powers Agreement Date: December 14, 2000 The term of the joint powers agreement with Columbia Heights, School Districts #13 and #14, Hilltop and Anoka County expires at the end of this year. The agreement establishes the Southern Anoka County Community Consortium, the parent organization of the Values First program. I am recommending that the agreement be extended to December 31, 2002 and that the City of Fridley accept responsibility for a financial contribution for each year of the two-year period. The proposed contribution for 2001 is $5,297; it would be raised to $5,450 in 2002. Our contribution for the current year is $5,108. We have prepared the attached resolution for your consideration. Please note that there are no changes in the Joint Powers Agreement other than changes in dates. I have included a copy of this agreement in your packet materials. Attachment 37 RESOLUTION NO. - 2000 RESOLUTION EXTENDING THE TERM OF THE SOIITHERN ANOKA COUNTY COI�IiTNITY CONSORTIUM JOINT POWERS AGREEM}3NT WHEREAS, in June of 1995, a Joint Powers Agreement established the � Southern Anoka County Community Consortium consisting of Anoka County, and the cities of Columbia Heights, Fridley and Hilltop, and Independent School Districts #13 and #14; and � WHEREAS, the general purpose of this Joint Powers Agreement is to allow each party to jointly and cooperatively coordinate the delivery of services, maximize the use of resources, avoid redundancy, encourage public and private community partnership, and to develop and fund programs to promote the general community health and safety in the territory of the cities herein; and WHEREAS, a very successful example of this joint, cooperative effort is the establishment of the community values program known as Values First, which has been recognized throughout the country as a model for promoting core values consistently across all sectors of the community so that youth and adults have a common, inclusive foundation upon which to operate; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley supports the efforts of the Southern Anoka County Community Consortium and does hereby renew and enter into the aforesaid Southern Anoka County Community Consortium Joint Powers Agreement until December 31, 2002, unless earlier terminated or extended under the terms hereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDI�EY THIS DAY OF DECEMBER, 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR : n COUNTY ADMIN "I'1M YANTOS Depury Counry Administrator Direct #763-323-5692 Fax�612-323-5682 Nov 20 '00 13:04 P.02 CUUNTY QF ANQKA Of�ce of County Administration GQVERNMEN7 C�N7ER 2100 3rd Avenue • Anoka, Minnesota 55303-2265 (763) 323-57p0 Navember 16, 2000 MEMO T0: Commissioner Jim Kordiak Dr. David L. Behlow, Superintendent Ind. School District #13 Walter Fehst, City Manager, City of Calumbia Heights Dr. Mary Ann Nelson, Superintendent, F'ridley Ind_ School District #14 Dr. William W. Burns, Manager, City of Fridley Ruth Nelson, Clerk, City of Hilltop FROM: Tim Yantos, Deputy County Administrato�� SUBJECT: Renewal of Joint Powers Agreement and Values First/SACCC Coordinator Se�vices At the No�ember 1, 2000, meeting of the Southern Anoka County Community Consortium, the conso�ium recommended that the participating Southem Anoka County Community Consortium members consider renewing the current Joint Powers Agreement by extending the term to December 31, 2002. According to Article 8 of the current Jaint Powers Agreement, "This agreement may be renewed for an additional term of two years each by resolution of aH of the governing bodies of the parties hereto, prior to the expiration date of this agreement.' I have attached a sample resolution you may wish to use to allow for this extension. Also, attached is a listing of some of the highlights of the Values Frst initiatives over the last two years. The Southern Anoka County Cammunity Consortium again recommends that a contract be continued for a 25-hour per week Values FirsUSouthern AnQka County Coordinator. 7hE consortium recommends a 25-haur per week coordinator of which 20 hours per week would be dedicated to the community vaiues program and approximately five hours per week for the Sauthem Anoka County Community Consortium. The consortium recommended that this contract position would be for two years. The total cost for the position in 2Q01 would be $34,586 and in 2002, $35,624, which represents a thrEe percent increase. The formula used for 1999-2p00 drew down the budget resenre to hold down our costs_ !f we were to use that same formula, we would be left with app�oximately $2040 at the end of 2002. We must raise our cantribution to create a small $5-6�OC1 budget reserve. 7he formula encloses would accomplish this end. FAX: 763323-5682 Affirmative Action / E�uAQpporh,nity Employer TDDlTTY: 763-323-5289 3� COUNTY ADMIN November 16, 2004 Page 2 Fax�612-323-5682 Nov 20 '00 13:06 P.03 City of Fridley City of Coiumbia Heights School District #13 Schoo( �istrict #14 City of Hilttop Anoka County 2007 2002 $5,297 �$5,450 $5,297 $5,450 � $3,904 $4,017 $3,904 $4,Q17 $279 $2$7 Up to $9,201 Up to $9,467 7 704 7 936 $35,586 $36,624 The remaining $7,704 for 2001 and the $7,936 for the year 2002 for the South�m Anoka County Community Consortium Coordinator would come irom current budgeted reserves. The fund balance at the end of 2002 would be approximately $5600_ The consortium requests each member goveming body take action on the approval of the extension for the Joint Powers Agreement and the hiring and funding of the cpordinatpr by December 31, 2400. Should you have any questions regarding this matter, please do not hesitate to contact me. TY:SC EnclQSUres , � Tim Yantos Deputy County Administrator � � � ... , ......_...�._.,.__._ _ _. _._ , � CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 6, 2000 CALL TO ORDER: Chairperson Savage called the December 6, 2000, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Barbara Johns, Dean Saba, Larry Kuechle Members Absent: Connie Modig, Leroy Oquist, Dave Kondrick. Others Present: Barb Dacy, Community Development Director Stacey Bulthuis, Code Enforcement Officer/Planner INTRODUCTION OF STACEY BULTHUIS Ms. Dacy stated that Ms. Bulthuis was hired in June. She is the Planner and Code Enforcement officer in the Community Development Department. Ms. Bulthuis has a Bachelor's degree in Planning from St. Cloud State. She has also worked for Shoreview and Todd County. In the sho�t six months she has been here, she has done a great job and helped finalize the City's computer code enforcement complaint tracking system. APPROVE THE NOVEMBER 1 2000 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kuechle, seconded by Mr. Saba, to approve the November 1, 2000, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Zoning Text Amendment, ZTA #00-03, by the City of Fridfey, to amend the City Zoning code to allow for a reduction in the front yard setback requirements from thirty-five feet to twenty-five feet in the R-1, One Family Dwelling District MOTION by Mr. Saba, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 P.M. Ms. Bulthuis stated staff is proposing to reduce the front yard setback from 35 feet to 25 feet with two additional minor modifications to Section 205. The front yard setback has been 35 feet since the first ordinance was adopted in 1955, and there have been increased amounts of building setback variance requests. In preparation for this amendment, staff researched previous granted variances, surveyed other cities, and analyzed how the changes would impact lots in Fridley. Two of the thirteen cities surveyed (Hopkins and Columbia Heights) have a 25- 41 PLANNING COMMISSION MEETING, DECEMBER 6, 2000 PAGE 2 foot front yard setback. in St. Louis Park, a 25 foot-front yard setback is aliowed for the smailer older lots. Eight cities have a 30-foot front yard setback, and the remaining three have a 35-foot front yard setback. Ms. Bulthuis stated they are trying to provide more flexibility for the homeowner to permit additional living area and the rearrangement of the 1950's floor plan to a more current floor plan due to changes in lifestyle needs. The public has indicated a desire for a front porch to make the front yard more usable and which could also be seen as a gathering space. They want to encourage residents to reinvest in their property and stay in Fridley. The ordinance proposed would allow expansion of the garage from 35 feet to 25 feet, but not more than five feet in front of the home. An overbearing garage can detract from the existing Fridley landscape. The character of the neighborhood would not be adversely changed by the protruding garage. Ms. Bulthuis stated that the City has received two written comments in opposition of the amendment because it would affect sight lines and the character of the street. Staff researched these issues and believes that the 25-foot setback will not adversely affect sight lines or the character of the street. Staff received one call in favor of the amendment. This caller also wanted staff to look into increasing lot coverage allowances, but staff has found that lot coverage is not an issue with the majority of the homes in Fridley. Most homes fell between 18 and 25% lot coverage. The types of additions mentioned would not put them over 25%. If lot coverage becomes an issue, it would be necessary for those cases to go through the variance process. Ms. Bulthuis stated staff recommends approval of the proposed zoning text amendment to modify the front yard setback from 35 feet to 25 feet for the garage and home on new construction and additions for living area, garages, and front porches on existing structures. Section 205.04.4G would also hange G to read: "Where for vacant properties the assumed setback would be the minimum front yard setback requirement of the zoning district that applies to the property." G could be summarized by being called a setback averaging element to the ordinance. It averages current structure setbacks with the building site. By amending this section, the ordinance would refer to the setback requirement of the zoning district where the potential building site resides instead of the 35 feet as seen in the current zoning ordinance language. Ms. Bulthuis stated (3) in Section 205.04.06.A.(3) would change to: "Canopies and steps to _- building entrances may extend not more than ten feet into any required front yard. Decks, unenclosed porches, canopies and steps to building entrances may extend not more than ten feet into the required rear yard setback and not more than three feet into any required side yard provided they do not extend nearer than five feet to any lot line." This section of the code would also need to be amended as a related housekeeping modification to the change in the front yard setback. It purposely only allows canopies and steps into a building entrance to extend not more than ten feet into the front yard instead of allowing decks and unenclosed porches as seen in the current ordinance language. Staff recommends approval of these two related housekeeping modifications to Section 205. Ms. Savage asked asked if there were any other comments besides those indicated. Ms. Bulthuis stated they received the e-mail, a letter, and one call as indicated in the report. Mr. Kuechle asked if the five-foot change to the garage applies to everything now. 42 PLANNING COMMISSION MEETING, DECEMBER 6, 2000 PAGE 3 Ms. Bulthuis stated, yes, it would apply to existing houses and any new additions. Ms. Dacy stated that the majority of houses with the rambler construction have the attached garage or a detached garage in the back yard. The garage in front of the house construction came up during the latter part of the 1970s and the 1980s. There are some, but it is not an overwhelming majority. Some may need a variance to add on. Staff is trying to create a situation where the garage would not become the overriding feature in the front yard and would require some modification. Mr. Kuechle asked if the code states that the garage cannot extend more than five feet from the house. Ms. Dacy stated that in the attachment to the cover memo, it states the sentence in the R-1 district that talks about the five-foot front yard setback. It would read "A front yard with a depth not less than 25 feet as required except as noted in section 205.04. In no case may a garage extend more than five feet in front of a home." That sentence is new to the ordinance. Mr. Kuechle asked what the recommendation should be from now on. Should they hold the line pretty tight on any requests with the 25-foot setbacks. Ms. Dacy stated that sometimes when the setback is below the 25 feet, the variances might be for an existing encroachment for a structure that has been there a number of years. It has been rare the City has gone below 25 feet anyway. She stated that if a driveway/parking area is affected, the closeness to the street should be evaluated. Ms. Savage asked if the City is trying to accommodate the many variance requests and the need for Fridley residents who want to remain and expand their homes. Ms. Dacy stated that is correct. The City is getting requests for more porches and the front area bump-out to expand the living room. Mr. Kuechle asked if people would like to expand their one car garage into a two car tandem garage, how would we respond to that? Ms. Dacy stated thaf in a couple of instances, the tandem design would have more flexibility with this amendment but would keep it in scale with the home by requiring that it not extend more than five feet. That is where the lot coverage maximum may help trigger a variance so the garage or size of the building is not too big for the lot. The ordinance provides the ability for another stall on the attached garage to go down to four or three feet depending what is happening on the adjacent property. Ms. Savage stated that this would go to City Council on December 18. MOTION by Mr. Saba, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:53 P.M. Mr. Saba stated that he likes the new ordinance and likes the idea of the garage not being so overbearing. 43 PLANNING COMMISSION MEETING, DECEMBER 6, 2000 PAGE 4 Ms. Johns stated that she believes this is a good move to make and will work out weii for the City residents. Mr. Kuechle stated that he agrees and feels that it is important to keep the housing stock in good condition by making it easier to add onto the home. MOTION by Mr. Saba, seconded by Mr. Kuechle, to recommend approval of ZTA #00-03. Seconded by Mr. Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Dacy stated that the Environmental Quality Commission will review the Northstar Corridor Environmental Impact Statement on December 12. The NCDA is conducting a public hearing on December 14 in the Municipal Center befinreen 5:00 - 7:00 p.m. Ms. Dacy stated that she has accepted the position of Executive Director of the Washington County Housing and Redevelopment Authority. Her last day at the City of Fridley will be January 12. The Fridley Commissions here are just outstanding, dedicated, hard-working, and get paid zero dollars. She stated it has been an honor to work for them. Ms. Savage stated that she will be missed very much. Mr. Saba stated that it has been a pleasure to work with her through the years, and the City will feel a great loss with her departure. ADJOURNMENT: MOTION by Ms. Johns, seconded by Mr. Saba, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE DECEMBER 6, 2000, PLANNING COMMISSION WAS ADJOURNED AT 7:55 P.M. Re� pectfully submitted, �� '�,n-.�� Sign L. John `on � Recording Secretary . . � � CRY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 18, 2000 William W. Burns, City Manager �� Jon �ukaas, Acting Public Works Director December 18, 2000 Design and Installation of Filter Plant Access Platforms Project No. 336 PW00-152 The approved FY 2000 capital improvement budget identified $100,000 for the design, fabrication and installation of "cat-walk" type access platforms for the City's three filter plants. The need for these improvements are the result of safety inspecrion of the plants in regards to OSHA regulations. The project was advertised in October and no responses were returned. A second request for proposals resulted in two responses. One response was from Ulteig Engineers of Fridley, MN, for design only in the amount of $14,700. The second response was from Greystone Construction of Shakopee, MN, for design, fabricarion and installation for $93,600. For comparison, the breakout of design services was $5,000. Recommend the City Council accept the proposal and award the contract for design, fabrication and installation of the Filter Plant Access Platforms Project No. 336 to Greystone Construction Company of Shakopee, MN, in the amount of $93,600. JHH:cz 45 �'� T'� T'�'� �t'r/7'� /'� � T T� LsK� Y � 1 Vl�! � CONSTRUCTION COMPANY December 8, 2000 City ot Fridley 6431 Universitv Ave. NE Fridley, Nf�! 55433 Attn. Mr. Jon Haukaas RE: Cat �vaik system design / build proposal We are pleased to submit to you a design / build proposal for the cat walk systems as required per the request for proposal dated 11-8-00. Also, please see the enclosed Greystone Construction Co. brochure for your use. � The proposed system is designed with galvanized steel framing and hand railing and aluminum bar grating deck. Some "bump hazards" will remain due to existing mechanicat and electrical equipment in close proximity of the proposed platForms. The lump sum proposal for desian and construction of the cat walk systems is $93,600.00. Per your request, we offer the following breakdown of the proposal: Description Design Building Permit Cat walk materia(s Cat walk installation General Conditions Cost $5000.00 $1690.00 $60,710.00 $19,600.00 $6600.00 Total $93,600.00 We appreciate the opportunity to submit this proposal to you. We look forward to working with you to complete tiiis project. Tllank you for your consideration. Sincerel , Greyst e Construction Co. a. Ste e A. Chuba Pro� ct Ntana�er c��y - r�ie � � 1221 East Fourth Avenue, Suite 110 EqualQ�ortunity Telephone: 952-496-2227 Shakopee, Minnesota 55379 Employer/Contractor Fax: 952-445-4191 : AGENDA ITEM COUNCIL MEETING OF DECEMBER 18, 2000 CITY OF FRIDLEY CLAIMS 97038 - 97 � 78 47 / � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 18, 2000 Type of License: � LICENSES Roberts Residential Remodeling (6885) 16320 Kenrick Loop Lakeville, MN 55044 Dave Roberts .• �,, Approved By: RON JULKOWSKI Building Official . , . � � CiTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 18, 2000 ESTIMATES Carl J. Newquist, Esq. Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Services Rendered as City Prosecuting Attorney for the Month of September, 2000 .................... .• ...................................................... $17,996.00 / � a CffY OF FRIDLEY Date: To: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 18, 2000 December 12, 2000 William Burns, City Manage�r� /�" From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Stacy Bulthuis, Planner Re: Public Hearing for ZTA #00-03 M-00-201 Introduction City Staff is requesting a zoning text amendment to allow for a reduction in the front yard setback from thirty-five (35) feet to twenty-five (25) feet. Two additional modifications to section 205.04.4G and 205.04.06.A3 will also need to be made to reflect the change in the reduction of the front yard setback. Summary The front yard setback has been thirty-five feet since the first zoning ordinance was adopted in 1955. Due to the increased amount of building setback variance requests for new additions, such as porches, garages, and living additions, staff began to explore the idea of reducing the front yard setback. The reduction of the front yard setback would allow residents the ability to expand their home rather than move, the ability to change the character of the building face, and the ability to add a porch, which can increase the "social" value of the property. City staff reviewed existing setbacks in the R-1 district, researched previously granted variances, and surveyed other similar cities to prepare for this amendment. The proposed text amendment would allow residents to expand and remodel their homes by modifying the front yard setback from 35 to 25 feet. It would also allow a front yard setback of 25 feet for new construction in the R-1 district. Attached is the staff report submitted to the City Council for their Conference Meeting on October 16, 2000. 50 Planninq Commission Action At their December 6, 2000 Planning Commission meeting, a public hearing was held for ZTA 00-03. After reviewing the proposal, the commission unanimously recommended approval of the zoning text amendments as presented by staff. Planninq Staff Recommendation Staff recommends holding the public hearing and consideration of the first reading of ordinance ZTA 00-03. 51 Ordinance No. AN ORDINANCE AMENDING SECTIONS 205.04 AND 205.07 OF THE FRIDLEY CITY CODE PERTAINING TO FRONT YARD SET BACKS THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN THAT THE FOLLOWING SECTIONS BE AMENDED AS FOLLOWS: Section 205.04.04. G. BLTILDING SITE G. Where the front yard setback of existing building is greater than the minimum front yard setback required and said existing building are within one hundred (100) feet on either side of a structure to be erected, then the setback for the new structure can be six (6) feet more or less of this mean depth of the adjacent structures but in no case shall it be less than the required front yard setback. In the case where one of the adjacent properties is vacant, the assumed setback will be the minimum front yard setback requirement of the zoning district that a�plies to the propert� Section 205.04.06. A3. REQUIRED YARD AND OPEN SPACE (3) , , Canopies and steps to building entrances may extend not more than ten (10) feet into any required front vard. Decks, unenclosed porches, canopies, and steps to buildin� entrances may extend not more than ten (10) feet into the re uq ired e� rear yard setback and not more than three (3) feet into any required side yard, provided they do not extend nearer than five (5) feet to any lot line. 205.07 R-1 ONE-FAMILY DWELLING DISTRICT REGULATIONS LOT REQUIREMENTS AND SET BACKS D. Setbacks. (1) Front Yard: A front yard with a depth of not less than twen , five (25�feet is required, except as noted in Section 205.04.4G. In no case ma�garage extend more than five (5) feet in front of the home. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2000. 52 NANCY JORGENSON — MAYOR Ordinance No. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading Publication: December 18, 2000 December 18, 2000 January 8, 2001 53 Page 2 � COMMUNITY DEVELOPMENT � DEPARTMENT PLANNING DIVISION Memorandum DATE: October 12, 2000 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Stacy Bulthuis, Planner SUBJECT: Proposed Zoning Text Amendment to modify the front yard setback from thirty-five (35) feet to twenty-five (25) feet M-00-174 Introduction City staff is requesting consideration of a text amendment to the City Zoning code to allow for a reduction in the front yard setback from thirty-five (35) feet to twenty-five (25) feet in the R-1 One-family dwelling district. In addition to the front yard setback reduction, two supplementary minor modifications will need to be made to section 205.04.4G and 205.04.06.A3. Backqround Since the first zoning ordinance was adopted in 1955, the front yard setback has been thirty-five (35) feet. This distance is typical of traditional "suburban" zoning requirements of the post World War II era. In order to prepare for this amendment, staff reviewed existing setbacks in the R- 1 District, researched previously granted variances, surveyed other similar city setbacks, and analyzed how the changes would impact lots in Fridley. See Appendix B. Council/Commission Survev Results The results from the Council/Commission survey showed that a majority of the Council members would support some reduction in the front yard setback. Three of the Council members would support changing the front yard setback 54 requirement from 35' to 30' and would allow enclosed as well as unenclosed porches and decks to be built up to 20' from the front lot line. The other two Council members stated that the setback requirements should not be changed and they would continue to evaluate variances for porches and decks on a case to case basis. With these results in mind, staff is proposing the front ya�d setback be reduced from 35 feet to 25 feet. Whv the Chanqes? Fridley is now a predominately "fully developed" city, so land is not available to provide new and/or "move up" housing. Allowing the residents of Fridley to expand and to remodel their homes enables the housing of the 1950's to be more usable to today's lifestyles as well as encouraging residents to reinvest in their properties and stay in Fridley. Whv Reduce the Front Yard Setback? Reducing the front yard setback came up as a solution to accomplish the following: • Permit additional living area and therefore rearrangement of the old 50's floor plan to a more updated current floor plan � Recent input from the public indicates a desire for a front porch feature therefore making the front yard more usable as a"gathering space" • Permits residents to expand their homes to meet their lifestyle needs: ❑ Gives Empty-Nesters the ability to add more living area to the main floor for typical improvements like main floor bathrooms, master bedrooms, or laundry rooms ❑ Permits extra living space for young families Other Cities Setback Requirements Of the Cities surveyed, two out of the twelve have a 25-foot front yard setback. Seven out of the twelve have a 30-foot front yard setback and the remaining three have a setback of 35 feet. Attached are the findings from the Cities surveyed, refer to Appendix A. Impact on Typical Fridlev Lots Staff wilt show site plans of typical Fridley lots on Monday night. Staff finds that based on variances granted in the past, the additional 10 feet will not adversely affect adjacent properties. In the last two years, 14 out of the total 59 variances requested were to reduce the front yard setback. Nine out of the fourteen were variances approved for living area additions, garage additions,_ or porches. The remaining five variances were approved to correct an existing nonconformity. Of the nine variances granted for living area additions, garage additions, or porches, the greatest reduction allowed into the front yard setback was 10 feet. See 55 Appendix C. An additional ten feet is not significant enough to adversely affect site lines. Further, adequate room exists for parking of vehicles in front of the garage, especially given that typical lots have an additional 8 to 10 feet of boulevard space adjacent to the street. An additional ten feet gives homeowners plenty of room for rearranging the floor plan or expanding the existing living area. Staff does not recommend that lot coverage requirement be increased to beyond 25°/a. It may be good to maintain that standard in order to force a variance and further review by the Appeals Commission. Garaqes Garages are getting bigger and closer to the street. As has been adeptly pointed out in the Fridley HRA "A Patternbook for New Homes", an overbearing predominance of a large garage can detract from existing Fridley landscape (see attached pages from Pattern Book). The proposed change to the ordinance would allow Fridley residents to expand their garages from 35 feet to 25 feet but not more than 5 feet in front of the home. This will give residents the extra room they need for additional vehicles, toys, and tools without allowing the garage to dominate the streetscape. By limiting the garage addition to 5 feet in front of the house, the character of the neighborhoods would not be as adversely changed by a protruding garage. Recommendation Staff recommends the approval of the proposed zoning text amendment to modify the front yard setback from thirty-five (35) feet to twenty-five (25) feet for the garage and home on new construction as well as additions for living area, additions to garages, and front porches on existing structures. Staff also recommends approval on the changes to Section 205.04.4G and 205.04.06.A3. Listed below are the proposed text amendments. Unless otherwise directed, staff will schedule the ordinance amendment before the Planning Commission on December 6 and the City Council on December 18. The amendment, in general will encourage the residents of Fridley to stay in Fridley and invest in their homes and community. 56 TEXT AMENDMENT Amending Section 205.07.3D (1) Change (1) to read (1) Front Yard: A front yard with a depth of not less than twenty five (25) feet is required, except as noted in Section 205.04.4G. In no case mav a qaraqe extend more than five (5) feet in front of the home. TEXT AMENDMENT Amending Section 205.04.4G Change (G) to read (G) Where the front yard setback of existing building is greater than the minimum front yard setback required and said existing buildings are within one hundred (100) feet on either side of a structure to be erected, then the setback for the new structure can be six (6) feet more or less of this mean depth of the adjacent structures but in no case shall it be less than the required front yard setback. In the case where one of the adjacent properties is vacant, �+�I--be-�se� the assumed setback will be the minimum front vard setback requirement of the zoninq district that applies to the propertv. TEXT AMENDMENT Amending Section 205.04.06.A3 Change (3) to read (3) , , Canopies and steps to building entrances may extend not more than ten (10) feet into any required front vard. Decks, unenclosed porches canopies and steps to buildinq entrances mav extend not more than ten (10) feet into the required e� rear yard setback and not more than three (3) feet into any required side yard, provided they do not extend nearer than five (5) feet to any lot line. 57 APPENDIX A Table 1. Single Famtly Residentlal Setback and Lot Requirements Clty Fro�t Yard S�tbaefc Raar Yud Sttbaek Sid� Yud S�tback Lot Cov�ng� Umlb I Fridtey 35' (�xeapUon: 23% ot lot deptt� • 10' Ilving uu Not mon than 25% unenc/osad porchas, (no I��s than 25' . 5' acc�ssory bidg for principa! b decks, canoples and and no greater . See 205.07.03 toi �ccessory stryctures steps to Dulld/ngs may than 40') camer /ot �xeept/on extend 10' lnto setback) Roseville 30' JO' . camer - 30' none • 5' Gclden Valley 35' 20°�o af (ot depth • lat widt�>100'=15' t . lat width 70'-99' =15',�e Of IOt widU1 • lot width<TO'= nOrth or west 10°/. bt width, south or east 20X. of lot widN Crystal 30' 30' (excepfion: entry 5' perches may extend s�into the setback) St. Louis Park • S� larg?r lot - 30' • 25' • SF smaller tot - 25' (recenUy lawered by 5' fcr each CistriCt) (exception: open- perches may be as c:ose as 20') Brooklyn PaAc 35' 30' Richfietd 25' 30' (exception: 20' fo� porches if ineet design requirements - see design exception belowJ Hopkins 25' to 40' 25' to 40' none Commenb Have recenUy passed a secback pertnit process to allcw fo� encroacliments into setbacks under adminisVative review (see Appendix O far details). Have grarted an additianal 6'-7' in front yard far porches. 30% of rear yard Feels the front yard (behind principal bldg) setback cculd be 20'- for accessor� 25'. structures • S� targer Ict - 5' and None 9' unless attached qarage or altey...then 6' bath siCes. If buitding is greater than 2 s:ories, reGuire 9' and t t' unless attached garege or afley...then 9' both siCes. • SF smafler lot - 5' and 7' unless attached qarage ar alley...then 5' bath siCes. If building greater than 2 - - sto�es, requira 7' and 9' unless attached garage or alley then bath 7'. • 10' interior lot line none • 20' sUeet side (exceplion: 5' tor addition of garage) • 12' sVeet Not more than 35% for Lot coverage, garage • 5' side interior principal b accessory expansion, and freni • 3' for expansion of structures porches were issues single to double garage that they have (provided garage at addressed. least 20') 8' to 14' Not more than 35°'o for Their sir,gle-family i principal and districts are classifced accessory sVuctures. into five catec,aries based on density. A range was used to illustrate the variation of setback reauirements. : i m 0 a . � � � • Table 1. New Hope 30' Ccan Rapids 35' Calumbia 25' Heiqhts Robbinsdale 30' Bloomington 30' Restdential Satback and Lot 30• • s qarage a aaassory • 10' dwelling •20' dwelGng an comer tot 25' • garage - 5' • dwelling -10' • 35' livi�g area 8 • 5' garage ar deck deck . 10' living • 20' deck 90' 2U°h of tat depth 30' T' none none Not more than 30% of bt can consist o( buitdings. driveways. and parking areas (open decks and patlas not includeC). • bt>6500sQ.R = �Oy. . lo!<&SOOsq.R. = 35°/i • comer - 15' �na . nortnal - 5' • 10' Crving space none • 5' garage o� accessory They break-down their variances as standard and administrative. M administrative variance doesn't require planning commission review. rather a hearing examiner (staff inember) approves the varfance. The administrative vaciances are tess controversial, Nus, do not require planning commission rev9ew. 'Tlote: Richfreld's exception to setbacks A. The fcllowing shall not be encroachments on yard requiremenLs. t0. On principal residential sUuctures, open covered porches which do not ccntain either windows a� screens and are a minirts�m ot 5 feet from any interior lot line, 9 feet from any side yard line abutting a street, 25 feet f�om any rear Iot line and 20 feet trcm any front lat line. Porches shall be open between the floor and the ceiling. All railings shall be open utilizing posts and s;.indles. (Added by Ord. 2111-98 3-1Cr98) 59 APPENDIX B Fridley Parcel Surve� No. Address 1 7401 Tempo Temaca NE 2 7508 Tempo Terrace NE 3 5725 Palk SL 4 1343 53�d Avenue NE 5 1338 53�d Avenue NE 6 1St5 Trolihagen Orive NE 7 1473 Troilhagen Drive NE 8 1583 Trollhagen Drive NE 9 308 Hugo St. NE 10 311 Hugo SVeet NE 11 314 Hugo SVeet NE AVERAGE Front Yard I Rea� Yard I Sida Yard I average lot I avenge lot r Lot Coverage lenqth width I 24' 49' • 5' and 12' for a 120' 84' t7.p^/, dweiling 35' S7' . 15' and 18' for 120' 86' 10.9% dwelling 35' 80' • 15' garage 155' 72' 12.2°6 • 16' dwelling 35' S4' • 5' gardge 118' 80' 18.9% • 10' dweiting 35' 20' . 29.41' and 35' 134' 85' 15.2�0 (comer bt) 35' 64' • 21' garaqe 125' 97' 12.3% • 20.82' dwelling v 35' S2' • 6' garage 119' 93' 18.4�0 • 10' dwelling 35' 45' • 35' garage 109' 110' 1a.8% • 16' dwelling (comer Iot) 43' 34' • 20' garaqe 102' 75' 18.7% • 18' dwelling 35' 20' • 5' garage 102' 75' 25.6% • 10' dweliing 37' 18' • 16' garage 102' 100' t 7.9% • 23' dweliing 35' 45' • 15' garage 1 t�' 87' 16.5�0 • 17' dwelling • �, � r 1 APPENDI% C �� _ . _. VARIANCE � � �� VARfANCE REQUESTED�� • .�,��,, . " " , � D S . : -. _ . .- ��z- _��-� �� NO. x . " .. �,.��;� . � � �.��. � .. , _ � _. .. .. . .� . . :. , .....r_...�,.:, ._, 3�wa : x"Ft . .. .. ,... ., .. ., . . . ,.._ . .... .. . .... .. .. ....,. . #99-01 To allow the storage of a travel trailer on a btacktop driveway in the front yard 6949 Hickory Dr rather than the side or rear ard — denied #99-02 withdrawn #99-03 To decrease the front yard setback from 35 ft. to 28 ft. to allow the construction 350 Ironton St of a 96 s. ft. entrance fo er - a roved #99-04 To decrease the front yard setback from 35 ft. to 29 ft. to allow the construction 590 Hugo St of an o en, covered orch — a roved #99-05 To reduce the rear yard setback from 40 ft. to 19.2 ft. to allow the construction 7411 University Ave of a 7-unit townhome structure — denied #99-06 1. To reduce the front yard set back from 35 ft. to 27 ft.; 8145 Ruth St 2. To increase the maximum lot coverage from 25% to 28°/a; To allow the construction of a covered deck — a roved #99-07 withdrawn #99-08 To decrease the setback between a building and the right-of-way line abutting 1290 Osborne Rd an adjoining residential district from 100 ft. to 75 ft. to allow the construction of- an industrial multi-tenant buildin — a roved #99-09 To decrease the front yard setback from 35 ft. to 23 ft. to allow the construction 581 Rice Creek Terrace of a covered deck and stairs — a roved to 26 ft. #99-10 To decrease the side yard setback between a garage and the side property 7412 Concerto Curve line from 5 ft. to 3 ft. to allow the ex ansion of an existin ara e— a roved #99-11 variance not needed #99-12 withdrawn #99-13 To reduce the front yard setback from 35 ft. to 18 ft. for an existing home due 500 Ironton St to the widening of East River Road and subsequent modifications to Ironton Street — a roved #99-14 1. To decrease the front yard setback from 35 ft. to 25 ft.; 7905 East River Road 2. To allow an existing accessory structure in the front yard a roved #99-15 To allow unscreened loading docks adjacent to the public right-of-way — 5400 Main St a roved #99-16 variance not needed #99-17 1. To reduce the side yard setback from a property line from 5 ft. to 3 ft.; 7395 Van Buren St 2. To allow a private garage to exceed the square footage of the dwelling unit by 12.6 ft.; To allow the construction of a ara e— a roved #99-18 To reduce the rear yard setback from 27.69 ft. to 22.69 ft. to allow the 6444 Arthur St construction of an addition — a roved #99-19 1. To reduce the setback from the adjacent residential district on the east 5333 University Ave side from 50 ft. to 30 ft.; 2. To reduce the setback from the adjacent residential district on the north side from 50 ft. to 3 ft.; 3. To reduce the parking set back from any street right-of-way from 20 ft. to 18 ft. 4. To reduce the parking setback from an alley from 15 ft. to 13 ft. 5. To reduce the required parking spaces width from 10 ft. to 9 ft.; 6. To reduce the required number of parking spaces from 32 to 25; To allow automotive re air services — a roved #1; #2-6 no lon er needed #99-20 To reduce the rear yard setback from 31.25 ft. to 10.5 ft. to bring an existing 1561 Rice Creek Rd home into com liance — a roved #99-21 To reduce the front yard setback from 35 ft. to 20.5 ft. to correct an existing 6475 Able St nonconformit — a roved #99-22 To reduce the side yard setback from 5 ft. to 3 ft. to allow the construction of a 5477 East Danube Rd stairwa — a roved #99-23 To reduce the side yard setback from 10 ft. to 6.5 ft. to correct an existing 561 Lafayette St nonconformit — a roved #99-24 To reduce the side yard setback from 15 ft. to 6 ft. to allow the construction of 7365 Central Ave a stora e facilit addition — a roved 61 ��a ta cE � �� -�� ,� �,� vaR�aNC Re u�� ` � � � �� '��'� � �' � � � , , �., . . �> �_ �=�� . �� , .y � �� . ` a�� . . .� ��'�-_ � � � : n, _�_ r s, �; � #99-25 1. To reduce the front yard setback from 35 ft. to 5 ft. to correct an existing 6454 Riverview Terrace ' nonconformity; 2. To reduce the front yard setback from 35 ft. to 32 ft. to allow the construction of a second accessory building; 3. To allow an existing accessory building in the front yard; 4. To allow the construction of a new accessory structure in the front yard — a roved #99-26 1. To reduce the required side yard setback from 10 ft. to 9.3 ft. to correct an 4110 Main St existing nonconformity; 2. To reduce the side yard setback from 10 ft. to 9.3 ft.; To allow the construction of a 3-season orch — a roved #99-27 To reduce the side yard setback for an accessory building from 5 ft. to 3 ft. to 1284 Norton Ave allow the construction of a ara e— a roved #99-28 To reduce the front yard setback from 35 ft. to 25 ft. to allow a garage 550 Rice Creek Blvd ex ansion — a roved #99-29 withdrawn #99-30 To reduce the side yard setback from 10 ft. to 7.99 ft. to correct an existing 5361 6 St nonconformit — a roved #99-31 withdrawn #99-32 To allow a si n to be ainted on a buildin — a roved 7033 Central Ave #99-33 To reduce the setback from neighboring residential properties from 50 ft. to 25 5311 University Ave ft. to allow the construction of an automobile service station — a roved #99-34 To reduce the side yard setback on a corner lot from 17.5 ft. to 1 ft. to permit 5685 Quincy St an existin encroachment for the ara e— a roved #99-35 To reduce the side yard setback on a corner lot from 17.5 ft. to 5 ft. to permit 5684 Jackson St an existin encroachment for the ara e— a roved #00-01 To reduce the side yard setback on a corner lot from 17.5 ft. to 11.1 ft. to 5503 Regis Trail ex and an existin nonconformit — a roved #00-02 To reduce the required side yard setback for an attached accessory structure 1363 53� ave from 5 ft. to 2 ft. 6 in. to allow the expansion of an existing garage — approved to 3 ft. #00-03 1. To increase the allowable size of a free-standing sign from 80 sq. ft. to 160 7920-7990 University sq. ft. — approved to 130 sq. ft.; Ave 2. To decrease the required setback of a free-standing sign from a property line or driveway from 10 ft. to 5 ft. - approved; To allow the construction of a new free-standin si n #00-04 withdrawn #00-05 To reduce the rear yard setback for a double frontage lot from 35 ft. to 9 ft. to 121 Hartman Circle allow the construction of a detached ara e— a roved #00-06 To increase the allowable square footage of a free-standing sign from 80 sq. ft. 7890 University Ave to 92 s. ft. — denied #00-07 withdrawn #00-08 withdrawn #00-09 To reduce the rear yard setback from 25 ft. to 15 ft. to allow the construction of 8191 Ruth Circle a 3-season orch — a roved #00-10 To increase the allowable square footage of an institutional sign from 32 sq. ft. 6875 University Ave to 70 s. ft. — denied #00-11 To reduce the front yard setback from 35 ft. to 20 ft. to allow the construction of 6330 Arthur St a home and attached ara e— a roved #00-12 To reduce the side yard setback on a corner lot from 25 ft. to 12 ft. to allow the 600 Hugo St reconstruction of a ara e— a roved #00-13 1. To reduce the front yard setback from 35 ft. to 30 ft. to recognize a 5991 Gardena Lane nonconformity; 2. To reduce the rear yard setback from 25 ft. to 19 ft.; 3. To reduce the side yard setback on a corner lot from 17.5 ft. to 15 ft.; To allow the construction of an addition — a roved #00-14 To reduce the side yard setback for an attached accessory structure on a 701 Overton Dr corner lot from 25 ft. to 22 ft. to correct an existin nonconformi — a roved 62 p�VARIANCE :` � VARIANCE REQUESTED= a xuc �r.,. .. , < << .. _ , � �. � , 0. -�eu uwx s*� Q �3 � �' , , , - . ' . '- , �. , � : : -. y� e : 2 � r, r.4 ru��O. " , .; � ' . `_. .xx, , i k- .. . . .r'��"-��4��h�' tu... .> . �+ , » . _ .. .d -: , k , c .:.. < . x +» .,i ,.. , . #00-15 To reduce the front yard setback from 35 ft. to 8 ft. to allow the construction or 7890 Hickory St an addition — a roved #00-16 withdrawn #00-17 Incom lete — returned to etitioner #00-18 To reduce the front yard setback from 35 ft. to 32 ft. to allow the construction of 191 Hartman Circle an attached ara e— a roved #00-19 To reduce the side yard setback for a living area from 10 ft. to 5 ft. to 1352 Hillcrest Dr reco nize an existin nonconformit — a roved #00-20 To reduce the required setback for an open deck in a side yard from 5 ft. to 3 7119 Ashton Ave ft. to allow the reconstruction of an o en deck — a roved #00-21 1. To reduce the required parking setback from 20 ft. to 10 ft. — approved; 5943 University Ave 2. To reduce the planting strip behind the required sidewalk from 15 ft. to 10 ft. — approved; 3. To reduce the parking stall width from 10 ft. to 9 ft. — denied 9 ft. stall width to west & south; approved 9 ft. stall width to east with stips; To allow the construction of a new commercial buildin #00-22 withdrawn #00-23 1. To reduce the front yard setback from 35 ft. to 31 ft.; 369 Hugo St 2. To reduce the side yard setback for living area from 10 ft. to 5 ft.; To allow the construction of a home ex ansion - a roved #00-24 To increase the height of a fence in the front yard from 4 ft. 6 in. to allow the 1581 Rice Creek Rd construction of a fence in the code-defined "fronY' ard - a roved #00-25 1. To increase the number of area identification signs per development from 7805-7895 East River Rd 1 to 3; 2. To increase the size of an area identification sign from 24 sq. ft. to 38.25 sq. ft.; 3. To decrease the setback of a sign from a driveway from 10 ft: to 3 ft. & 4 ft.; 4. To decrease the setback of a sign from the right-of-way from 10 ft. to 3 ft. & 2.25 ft.; 5. To increase the allowable square footage of directional signage from 4 sq. ft. to 15 sq. ft.; To allow the construction of additional si na e— a roved #00-26 1. To increase the lot coverage from 25% to 25.6%; 510 57 Avenue 2. To reduce the side yard setback between living area and the side property line from 10 ft. to 5 ft.; To allow the construction of an addition - a roved #00-27 To reduce the front yard setback from 35 feet to 33.62 feet to recognize an 1508 Windemere Drive existin nonconformit — a roved #00-28 To reduce the rear yard setback from 39 feet to 11 feet to allow the 1420 Glacier Lane construction of an addition — a roved #00-29 Variance not needed #00-30 1. To reduce the side yard setback abutting a st reet from 35 feet to 4 feet; 7610 University Avenue 2. To reduce the required parking setback from a street right-of-way fr om 20 feet to 5 feet; To allow the construction of a commercial buildin — a roved 63 City of Fridley TO: Scott Hickok, Planning Coordinator FROM: John G. Flora, Public Works D'uector DATE: June 23, 1999 PW99-118 SUBJECT: Background Research for Tax Amendment - Lot Requirements and Setbacks In reviewing the proposal submitted by Ben Martig dated June 15, 1999, the following aze comments for consideration In reviewing the hardship issues (1) The property cannot be put to a reasonable use if used under requirements of this code. An R1 and R2 interpretation could be that the newer residential requirements for bedrooms, baths, size of rooms, and space, etc. could satisfy that. (2) The need for a variance is due to the condition unique to the property not created by actions of the landowner. This could be justified by the code requirement that restricts the land to be developed based upon the new accepted public standards. Item No. 3 certainly would be appropriate in any approval process. I look at the issue as a front yaid setback requirement. As written, if the trend is to go back to the front porches where individuals can sit on a rocking chair and watch the public go by, then an appropriate 6- 8 foot extension into the front yard along the entire width of the building would be an appropriate standard porch vaziance to be adopted. I would also indicate that there be no screens or windows associated with it as this would only open the door for future modifications and limit the automatic variance to a porch only. As an overview, the City has been built on a 35 foot setback for many years. Allowing structural additions other than vestibules and entrance ways, I believe would be a tremendous negative influence on the City as a whole. In regazds to rear yard and side yard setbacks, the study indicates there is adequate space for these additions and these can be addressed on an individual basis if necessary. JGF:cz .' � � 0 Hickok, Scott From: TTurg1234@aoLcom ,, ._ _ Sent: Sunday�Se�tem_ber.�17;=2000_9:54 A�I To: hickoks�i.fndley.mn.us Subject: Ordinance Changes Dear sir; I read the artiale in tne cridley pacer regarding ordinance changes. Please be careful on what your proposing. P.dding additions to front of homes may harm neighborhoods more than help. Sight lines could be broken and the cnaracter of tnese streets may be ruined. Also, if you could giv2 consideration to people who buy homes in neighbornoods and then not take care of anything. I have two neighbors w::o are imagrants to this country and do notning to their yards or homes. This kind of lack of care will do more to drive people out of Fridley than anything that I know of. My neighbors continually talk of moving if things continue to deteriorate. The problem is not cutting the grass, weeds that are so large as to becomve snrubs, and general maintenance on the homes as to make them look total�y run co��rn. '�Ie, t'r.e long term peool? o` �'ridley need your help. Than;cs--Tom Turgeon 1650 Camelot Lane, �'ridley 574-1248 - 1 65 : AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 18, 2000 GTY OF FRIDIEY � Date: December 12, 2000 To: William Burns, City Manager�� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Stacy Bulthuis, Planner Re: First Reading of ZTA #00-03 M-00-202 Introduction City Staff is requesting a zoning text amendment to allow for a reduction in the front yard setback from thirty-five (35) feet to twenty-five (25) feet. Two additional modifications to section 205.04.4G and 205.04.06.A3 will also need to be made to reflect the change in the reduction of the front yard setback. Planninq Commission Action At their December 6, 2000 Planning Commission meeting, a public hearing was held for ZTA 00-03. After reviewing the proposal, the commission unanimously recommended approval of the zoning text amendments as presented by staff. Planninq Staff Recommendation Staff recommends that the City Council approve the first reading of the ordinance in accordance with the Planning Commission recommendation of December 6, 2000. .. Ordinance No. AN ORDINANCE AMENDING SECTIONS 205.04 AND 205.07 OF THE FRIDLEY CITY CODE PERTATNING TO FRONT YARD SET BACKS THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN THAT THE FOLLOWING SECTIONS BE AMENDED AS FOLLOWS: Section 205.04.04. G. BUILDING SITE G. Where the front yard setback of existing building is greater than the minimum front yard setback required and said existing building are within one hundred (100) feet on either side of a structure to be erected, then the setback for the new structure can be six (6) feet more or less of this mean depth of the adjacent structures but in no case shall it be less than the required front yard setback. In the case where one of the adjacent properties is vacant, ' * � *'�'� �' ��" � °' "'"'—''�a the assumed setback will be the minimum front vard setback requirement of the zoninQ district that applies to the ro e Section 205.04.06. A3. REQUIRED YARD AND OPEN SPACE �3� ��s.� ��^��a Y^�^�°°, Canopies and steps to building entrances may extend not more than ten (10) feet into any required front yard Decks unenclosed porches canonies, and steps to buildin� entrances mav extend not more than ten (10) feet into the required e� rear yard setback and not more than three (3) feet into any required side yard, provided they do not extend nearer than five (5) feet to any lot line. 205.07 R-1 ONE-FAMILY DWELLING DISTRICT REGULATIONS LOT REQUIREMENTS AND SET BACKS D. Setbacks. (1) Front Yard: A front yard with a depth of not less than *'� �� -�=�=z� �'enty five (25) feet is required, except as noted in Section 205.04.4G. In no case mav a�ara�e extend more than five (5) feet in front of the home. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2000. � NANCY JORGENSON — MAYOR Ordinance No. ATTEST: DEBRA A. SKOGEN — CITY CLERK. Public Hearing: First Reading: Second Reading: Publication: December 18, 2000 December 18, 2000 January 8, 2001 �. : Page 2 � ` CRY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF DECEMBER 18, 2000 APPOINTMENT TO COMMISSION Housing and Redevelopment Authority .• Term Expires: 6/09/02 � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 18 2000 CITY OF � FRIDLEY INFORMAL STA'TUS REPORT'S . 70