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02/09/2004 - 4606� � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 2004 7:30 p.m. — City Council Chambers Attendance Sheet Please �rint name address and item number vou are interested in. _ �_� � � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 2004 7:30 p.m. - City Council Chambers Attendance Sheet Please �rint name, address and item number vou are interested in. Print Name (Clearly) Address Ytem'No. � �. � L. 5 � �� /_.�� , , � � v � � CITY COUNCIL MEETING OF FEBRUARY 9, 2004 CfTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Fridley Lions Club Month — February, 2004 PRESENTATION: Heart Safe Community Initiative APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 5, 2004 G . OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to S-3, Onaway District, Screening ofSolid Waste .................................................................................................... 1- 2 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 2004 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. First Reading of an Ordinance Amending Fridley City Code, Chapter 3, Personnei, Related to Severance Pay ................................................................................. 3- 4 3. First Reading of an Ordinance Amending Chapter 107, Fire Department, of the Fridley City Code Pertaining to Department Officers ..................................................... 5- 6 4. First Reading of an Ordinance Repealing Chapter 108, Fire Prevention, and Adopting a New Chapter 108, Fire Prevention, of the Fridley City Code Providing for the Adoption of the Minnesota State Fire Code ................................................................................ 7- 13 5. First Reading of an Ordinance Establishing a New Chapter of the Fridley Code Pertaining to Clandestine Drug Lab and Chemical Dump Sites....................................................................................................... 14 - 20 r 6. Variance Extension Request, VAR #03-14, by Paridon Colstrom, to Reduce the Rear Yard Setback on a Double Frontage Lot from 34 Feet to 7 Feet to Recognize an Existing Nonconformity, Generally Located at 5750 Madison Street N.E. (iNard 1) ....................................................................................................... 21 - 22 y� � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 2004 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Resolution Authorizing an Application for the 2004 Community Development Block Grant Program ................................................ 23 - 26 8. Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof: North Park Neighborhood Street Improvement Project No. ST. 2004 — 1 ...................................................................................................... 27 - 28 9. Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: North Park Neighborhood Street Improvement Project No. ST. 2004 — 1 ...................................................................................................... 29 - 31 10. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use ............................................................ 32 - 33 11. Resolution Ordering Advertisement for Bids: y 2004 Miscellaneous Concrete Repair ProjectNo. 355 .................................................................................................. 34 - 35 12. Claims ....................................................................................................... 36 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 2004 PAG� 4 APPROVAL OF PROPOSED CONSENT AGENDA: _ NEW BUSINESS (CONTINUED): 13. Licenses ....................................................................................................... 37 - 39 14. Estimates ....................................................................................................... 40 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARING: 15. Consideration of Issuing an On-Sale Intoxicating Liquor License to David W. Reimer of Sandee's of Fridley, L.L.C., d/b/a Sandee's Cafe, Located at 6490 Central Avenue N.E. (Ward 2) .............................................................. 41 - 42 � NEW BIJSINESSe 16. First Reading of an Ordinance Establishing a New Chapter of the Fridley City Code Setting Service Charges for Emergency Response Calls ........................................................... 43 - 47 � , ,� w FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9 2004 PAGE 5 NEW BUSINESS (CONTINUED): 17. First Reading of an Ordinance Establishing a New Chapter of the Fridley City Code Regarding Ultimate Wrestling and Establishing Fees .......................................................... 48 - 53 � 18. First Reading of an Ordinance Amending Chapter 402, Water and Sewer Administration, of the Fridley City Code ..................................................................................... 54 - 70 19. Award Contract for Design and Construction Administration Services for the 2005 Street Reconstruction Program .................................................................................... 71 20. Award Contract for Design and Construction Administration Services for the 85th Avenue TrailProject ....................................................................................................... 72 21. Informal Status Reports ..................................................................................... 73 ADJOURN. 0 . V''� S �. F1�IDLEY CITY COLTNCIL M�ETING OF F�BRUARY 9, 2004 �, �� G7Y OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Fridley Lions Club Month — February, 2004 PRESENTATION: Heart Safe Community Initiative APPROVAL OF PROPOSED CONSENT AGENbA: APPROVAL OF MINUTES: City Council Meeting of January 5, 2004 OLD BUSINESS: �� —�, �� \ 1. Second Rea�ing of an Ordinance ending � Chapter205 of the Fridley City Code / Pertaining to S-3, Onaway District, Screening /� of Solid Waste .................................. 1- 2 NEW BUSINESS: 2. First Readinq of an Ordinance Amending `�-ridley City Code, Chapter 3, Personnel, Related to Severance Pay ................. 3- 4 3. First Readi Ordinance Amending hapter 107, Fire Department, of the Fridley City Code Pertaining to Department Officers .................................. 5 - 6 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. First Readin f an Ordinance Repealing apter 108, Fire Prevention, and Adopting a New Chapter 108, Fire Prevention, of.the Fridley City Code Providing for the Adoption of the Minnesota State Fire Code ................ 7- 13 First Reading of an Ordinance Establishing , �New Chapter of the Fridley Code Pertaining to Clandestine Drug Lab and Chemical Dump Sites................................... 14 - 20 6. Variance Extension Request, VAR #03-14, by Paridon Colstrom, to Reduce the Rear Yard Setback on a Double Frontage Lot from 34 Feet to 7 Feet to Recognize an Existing Nonconformity, Generally Located at 5750 Madison Street N.E. (Ward 1) ................................... 21 - 22 7. Resolution Authorizing an Application for the 2004 � Community Development Block Grant Program................................... 23 - 2� ,�,%� V` Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof: North Park Neighborhood Street Improvement Project No. �\� ST. 2004 — 1 ................................. 27 - 28 �/ 1 �. � FRIDLI:Y Ci'CY COUNCIL MG1�;7'INC Ol�' FEI3RUARY 9 200�1 PAGE 2 APPROVAL OF PROPOSED CONSFNT AGENDA• NEW BUSINESS (CONTINUED): 9. Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: North Park Neighborhood Street Improvement Project No. ST. 2004 –1 ................. . ............29 - 31 . �0 6 �.�.1 � 10. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use................................... 32 - 33 � DD � —J� 11. Resolution Ordering Advertisement for Bids: 2004 Miscellaneous Concrete Repair Project No. 355 .................................. 34 - 35 �o o �--1 � 12. Claims 13. Licenses 14. Estimates ADOPTION OF AGENDA. . ,, NEW BUSINESS: 16. Firs eading of an Ordinance Establishing a News. apter of the Fridley City CocTe Setting Service Charges for Emergency Response � "'' Calis ' .....................-.:�::�.... 43 - �7 17. Firs eading of an Ordinance Establishing a New apter of the Fridley City Code Regarding Ultimat_e Wrestli� and Establishing .._ Fees ....... .......................... 48 - 53 18.�� Firs� � f of an Ordinance Amending JV�ter and Sevu�e dmirtistration, :.ity Code ..................... - , �- �C� a�c' �''g� `I � __ �.! �'� _ ....... 36 19. Award Contract for Design and Constructae Administration Services for the 2005 Street Reconstruction Program .................... 71 37 - 39 20. Award Contract for Design and Construction Administration Services for the 85'h Avenue 40 Trail Project ................................... 72 21. Informal Status Reports OPEN FORUM (ViSlTORS): Consideration of Items not on Agenda – 15 Minutes ADJOURN. PUBLIC HEARING: 15. Consideration of Issuing an On-Sale Intoxicating Liquor License to David W. Reimer of Sandee's of Fridley, L.L.C., d/b/a Sandee's Cafe, : Located at 6490 Central Rvenue N.E. (Ward 2) ................................... 41 - 42 73 , �, . � I� � �� 1J��i7 �/� �� 3 ��33 ��' �� WHEREAS, the Fridley Lions Club was formed in 1954 by a group of inen interested in serving their community and fellozv men throughout the world; and WHEREAS, tice motto of the FYidle� Lions Club is "We Serve;" and WFIEREAS, the Fridle� Lions care about tlze communit�� and activel� p��omote its zvelfare, health standards and progress; c�nd WHEREAS, tice Fridley Lions believe citizens joined togetlier can initiate and carr�� out programs that make the communit�� a better place to live; and WHEREAS, duYing the past 50 �ears, the Fridley Lions Club has raised and donated approximately $1.4 million to support the Fridle� communit-y and to help those in need. Those donations include but are not limited to: Cit�� of Fridley; '49er Days parade and events; Fridle� Communift� Center; Springbrook Nature Center; sand volleyball courts; Fridley "welcome" signs; F��idley Fire Department; Fridley school s�stems, athletics, scholarships and activities; youth programs; and other organizations and individuals in need; and WHEREAS, the Fridley Lions Club has also participated in mc�ny Lions Club International programs such as Youth Exchange, Lions E�e Bank, Children's E�e Clinic, Macular Degeneration Center, Lions Hearing Foundation, and Diabetes and Wellness Van Programs; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. LLtnd, Ma�or of the Cih� of Fridley, hereby proclaim February, 2004, as �tr�r.�Y1.roNS cL U� �o1vr� in the Cifi� of Fridley, in appreciation of 50 years of service and in recognition of the eontributions to the social and economic zvell-being of the Cih� by the Fridley Lions Club. IN WITNESS WHEREOF, I have hereunto set my J�and and cati�sed the seal of the Cifi� of Fridley to be affixed this 9t�1 day of Februan�, 2004. Scott j. Lund, Mayor a CITY OF FRIDLEY CITY COUNCIL ME�TING MINUT�S JANUARY 5, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PI�EDGE UF ALLEGIANCE: ` Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 24, 2003 APPROVED. NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 17, 2003. REC�I�ED. 2. SPECIAL USE PERMIT REQUEST, SP #03-21, BY AT&T WIR�LESS AND AMFRICAN TOWI�� TO ALLOW A TELECOMMUNICATION TOW�R IN A M-� HEAVY INDUSTRIAL ZONING DISTRICT UNDER THE 1VI-2 HEAVY INllUSTRIAL ZONING CODE, SECTION 205.18.1C(3)(7), GENEIZALLY LOCATED AT 5330 INDUSTRIAL BOUL�VARD N.E. (WARD 3). Dr. William Burns, City Manager, stated that the permit was for an existing cell tower and a , planned expansion of the tower located at 5330 Industrial Boulevard N.E. The Planning Commission approved the special use permit request at their ineeting on December 17. Staff recommended Council's approval with foiu stipulations. THIS ITEIVI VVAS REMOV�D FROM THE CONSENT AGENDA AND PLAC�D ON THE REGU�,AR AGENDA. FRIDLEY CITY COUNCI.L MEETING MINUTES OF JANUARY 5, 2004 PAGE 2 3. MOTION TO AUTHORIZE THE FRIDLEY SENIOR COMPANION PROGRAM TO APPLY FOR CDBG FUNDING FOR THE YEAR 2004-2005. Dr. William Burns, City Manager, said the application was a joint application with the City of Coon Rapids. The amount requested by both communities was around $12,000. Fridley's portion of the request was $6,000. Staff recommended Council's approval. APPROVED. 4. MOTION TO AUTHORIZE THE CITY OF FRIDLEY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE CITIES OF ANDOVER, BROOKLYN CENTER, COLUMBIA HEIGHTS, COON RAPIDS AND SPRING LAKE PARK FOR STREET MAINTENANCE WORK. Dr. William Burns, City Manager, said the agreement would provide for the joint bidding of sealcoating, traffic markings, street sweeping and crack sealing. While Fridley could share any benefits from joint bidding, it would not be required to purchase the service unless it was budgeted and approved by Council. The contracts would be administered by Coon Rapids with any reimbursements for the City's portion of the cost being made to them. Staff recommended Council's approval. APPROVED. 5. APPROVF 2004 TRI-CITY GIS JOINT POWERS CONTRACT WITH GIS RANGE�S LLC. Dr. William Burns, City Manager, said Fridley had joined with Andover and Columbia Heights to contract for GIS technical services for many years. This joint venture had saved all three cities considerable money over what would have been spent for contracting or hiring individually for this service. Staff recommended Council's approval. APPROVED. 6. R�SOLUTION NO. 1-2004 IMPOSING LOAD LIMITS ON PUBLIC STREETS IN THE CITY OF FRIDLEY, MINNESOTA. Dr. William Burns, City Manager, said this was an anilual resolution that allowed the imposition of load limits for specific City streets. The restrictions applied to all vehicles having a vehicle weight of 9 tons per axle ar greater. The resolution allowed the City to publish the limits in the newspaper �nd maintain them until the Anoka County Highway Department raised the limits on County roads. Staff recommended Council's approval. ADOP'I'�;D RESOLU'I'ION NO. 1-2004. 7. It.ESOLUTION NO. 2-2004 DESIGNATING OFFICIAL DEPOSITORIES FOR THE CI�'Y OF � RIDLF,Y. FRIDLEY CITY COUNCIL MEE'I'ING MINUTES OF JANUARY 5, 2004 PAGE 3 Dr. William Burns, City Manager, said staff recommended that Council appoint Wells Fargo Banlc Minnesota N.A. as the official depository of Fridley funds in 2004. The recoinmendation was based on costs and return on our investment of idle cash and on the quality of service provide. Staff recommended Council's approval. _ ADOPTED RESOLUTION N0. 2-2004. 8. RESOLUTION NO. 3-2004 DESIGNATING AN OFFICIAL NEWSPAPER FOR ' THE Y��+,3t 2004. Dr. William Burns, City Manager, said staff recommended the designation of the Sun Focus as the official newspaper and the Star Ti�ibune as the second official newspaper for posting legal notices for flle City in 2004. AI)OPTED RESOLUTION NO. 3-2004. 9. R�SOLUTION NO. 4-2004 AUTHORIZING A CHANGE IN MILEAGE REIMBURSEMENT RATES FOR THE 2004 CALENllAR YEAR. Dr. William Burns, City Manager, said in keeping with IRS policy and past practice, staff recommended that the City's inileage reimbursement rate for 2004 be raised from $0.36 per mile to $0.375 per mile. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 4-2004. 1@. APPROVE 2004 CITY OF FRIDLEY CITY COUNCIL AND STAFF APPOINTMENTS. Dr. William Burns, City Manager, said the proposed appointments for 2004 were the same as those for 2003. Staff recommended Council's approval. APPROVED THE FOLLOWING 2004 CITY OF FRIDLEY CITY COUNCIL AND STAFF APPOINI'MENTS: MAYOR PRO TENI: COUNCILMEMBER RAIZNETTE ANOKA COUNTY LAW ENFORC�MENT COUNCIL: COUNCII,MEMBER ' BARNETTE, REPRESENTATIVE, AND COUNCILMEMBER WOLFE, ALTERNATE ASSOCIATION OF METROPOI,ITAN MUNICIPALITIES: MAYOR LUND, DELEGAT�, COUNCILMEMBER BOLKCOM, ALT�RNATE L�AGUE OF MINNESOTA CITIES: COUNCILMEMBER BILLINGS, R�PRESENTATIVE; MAYOR LUND, ALTERNATE FRIDLEY CITY COUNCIL MEETING MINUTES (?F JANUARY 5, 2004 PAG� 4 SCHOOL DISTRICT NO. 13: COUNCILMEMBF,R BARNETTE, REPRE- SENTATIVE, COUNCILMEMB�R BOLKCOM, ALTERNATE SCHOOL DISTRICT NO. 14: COUNCILMEM�ER BARNETTE, REPRE- SENTATIVE, COUNCILMEMBER BOLKCOM, ALTERNATE SCHOOL DISTRICT NO. 16: COUNCILMEMBER BILLINGS, REPRE- SENTATIVE, COUNCILMEMBER WOLFE, ALTERNATE NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY: COUNCILMEMBER BARNETTE, REPRESENTATIVE, COUNCILMEMBER BILLINGS, ALTERNATE NORTH METRO CONVENTION & VISITORS BUREAU: DEBRA A. SKOGEN, CITY CLERK. 11. CLAIMS. APPROVED CLAIM NOS. ll4628 THROUGH 114883. 12. LICENSES. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 13. �STIMA'�ES. Bituminous Roadways, Inc. 2825 Cedar Avenue South Minneapolis, MN 5�407 Commons Park Parking Lot Reconstruction, Phase I Project No. 348 FIl>TAL ESTIMATE ............................................................................. $2,834.57 APPRO�ED. APPROVAL OF PROPOSED CONSENT AGENDA: Dr. William Burns, City Manager, recommended approval of the consent agenda. Councilmember Billings asked staff to correct a typographical error contained in Item No. 10. Councilmember Bolkcom asked that the November 24, 2003, City Council meeting minutes include her request to have the City Manager and the Public Worlcs Director look into how other 0 0 FRIDLEY CITY COUNCIL ME�TING MINUTES OF JANUARY 5 2004 PAGE 5 cities conducted sewer inspections and to let Council know what was charged and what the inspections included. Councilmember Bolkcom asked that Item No. 2 be removed to the regular agenda. No one in the audience spoke regarding the consent agenda items. MOTION by Councilmember Barnette to adopt the proposed consent agenda with the removal of Item No. 2 and with the corrections to the minutes and to Agenda Item No. 10. Seconded by � Councilmember Wolfe. t UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTIOl\' CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilinember Bolkcom to adopt the agenda with the addition of Item No. 2. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. STATE LEGISLATIVE UPDATE. There were no State legislative members present. OPEN FORUM: There was no response from the audience under this item of business. N�W BUSINF.SS: 2. SPECIAL USE PERMIT REQUEST, �P #03-21, BY AT&T WIRELESS AND AMERICA.N TOWER, TO ALLOW A TELECOMMUNICATION TOWER IN A M-2 HEAVY INDUSTRIAL ZONING DISTRICT UNDER THE M-2 HEAVY INDUSTRIAL ZONING CODE, SECTION 205.18.1.C(3)(7), GENERALLY LOCATED AT 5330 INDUSTRIAL BOULEVARD N.E. (WARD 3). Councilmember Bolkcom asked if they were comfortable with the fencing and the landscaping. She expressed soine concerns about the change in name. Mr. Jason Hall, a representative of American Tower who was a contractor for AT&T, said if the landscaping and fencing were recommended, they would do it. The Planning Commission recommended approval of the request with four conditions. He had the necessary information for staff a11d Council to review. Although the landscape plan was generic, they were willing to work with staff on the species of plantings and the location FItIDLEY CITY COUNCII, ME�TING MINUT�S OF JANUARY 5, 2004 PAGE 6 Councilmember Bolkcom said she just wanted to make sure American Tower was willing to work with staff. She asked them to provide a copy of the study that was taken. Mr. Hall said they did not have the actual soil boring tests that were done. They did have the tower manufacturer's drawings that showed the strength of the tower and showed that additional providers could go on the tower. Councilmember Bolkcom said the stipulations said a soil boring and foot analysis needed to be provided. She asked if they were necessary. Mr. Hickok, Community Development Director, said they needed that information and would worlc with the petitioner. Mayor Lund said if the to��ver was found not to collapse upon itself as the code required, the bui!ding permit would not go forward and they would need to go with some other plan. Mr. Hall said they were able to locate the manufacturer's drawings. The pole that was used was designed to collapse upon itself. MOTION by Councilmember Bolkcom to approve Special Use Permit, SP #03-21, by AT&T W��eless with the following four stipulations: 1. The petitioner to provide the City with a history on this telecommunications tower and when the installation took place; 2. The petitioner to provide the City with structural plans on how the tower will break apart in the event that it would fall over. (Code requires towers to collapse upon themselves rather than tipping in extreme wind conditions.); 3. The petitioner to provide the City with a soil report and footing analysis indicating that the existing soils and footings can support the tower; and 4. A landscape plan showing how the existing ground control structure will be fenced and screened shall be submitted and approved by the City priar to issuance of a building permit for the new anteima. Seconded by Councilmember Banlette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NiOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 14. CONSIDERATION OF A REZONING REQU�ST, ZOA #03-02, BY TOWN CENTEI2 DEVELOPMENT, LLC, TO REZONE PROPERTY FROM C-1, LOCAL BUSINESS, TO C-2, GENERAL BUSIN�SS, M-1, LIGHT INDUSTRIAL, AND_C- Rl, GENERAL OFFICE, TO S-2, REDEVELOPMENT DISTRICT, TO ACCOMMODAT� REDEVELOPMENT, GENERALLY LOCATED AT 1282 MISSISSIPPI STRIEET; 6490, 6400, 6352 AND 6300 CENTRAL AVENUE; AND 1271 FAST MOOIZE LAKE DRIVE (WARD 2) (CONTINUED DECEMBER 8, 2003)• � � ! FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 7 15. CONSIDERATION OF A PRELIMINARY PLAT REQUEST, PS #03-08, BY TOWN CENTER DEVELOPMENT LLC TO CREATE TWO SEPARATE LOTS TO ALLOW FOR THE CONSTRUCTION OF A SENIOR HOUSING DFVELOPMENT GENERALLY LOCATED AT 1282 MISSISSIPPI STREET AND 6490 CENTRAL AVENUE (WARD 2)(CONTINUED DECEMBER 8, 2003). _ MOTION by Councilmember Wolfe to reopen the above public hearings. Seconded by Councilmember Bolkcom. I` IJPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings asked if the public hearing on the rezoning request and the preliminary plat request should be opened together. Mayor Lund agreed. Mr. Scott Hickok, Community Development Director, said Town Center Development requested two separate land use actions in order to construct a 55-unit, owner-occupied senior condominium building at 6490 Central Avenue. The plat was being requested to create two new parcels from 1282 Mississippi Street and 6490 Central Avenue and the vacant lots south_ The petition.er also requested rezoning far the west side of Central Avenue between Mississippi Street and East Moore Lake Drive. The zoning in the area was mixed. He described the plat and rezoning area. Anoka County stated that a 120 foot right-of-way corridor would be required for Central Avenue and Mississippi Street in order to provide necessary turn lanes for future safety and operational purposes. Roadway dedications for this site were 30 feet adjacent to Mississippi Street and 10 feet adjacent to Central Avenue. The County requested that both of the right-of-ways be dedicated. Mr. Hickok said with respect to traffic analysis, staff used a number of sources to determine the possible impacts a 55-unit, owner-occupied, senior building would have on local traffic patterns. In addition to discussions with Ms. Jane Pemble, Anoka County Traffic Engineering Manager, staff examuled the Institute of Traffic Engineer's Trip Generation manual, consulted the transportation chapter of the City's Comprehensive Plan, and reviewed the traffic study supplied by Loucks & Associates. Ms. Pemble indicated that the County had no current plans or allocated funding to reconstruct, provide safety improveinents or to signalize the Central Avenue/Mississippi Street intersection. Mr. Hickok said the 4t� edition of tl�e Institute of Traffic Engineer's (ITE) Trip Generation manual � did not have a specific category for senior residential townhomes. Staff reviewed the traffic generation nuinbers for residential condominiums which were not age-specific, so the numbers : provided included people of all ages and family sizes. The numbers provided by the ITE Trip Geueration manual may be viewed as the worse case scenario for the number of trips to be generated by a proposed development. The ITE manual stated that 5.85 trips per day should be expected for residential condominiums. A 1rip ineant any vehicle entering or leaving ihe complex. The impact of the vehicles on the stu-rounding roadways was negligiblE. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 8 Mr. Hickok said staff also used the Transportation Chapter of the Comprehensive Plan to analyze traffic for this development. The Comprehensive Plan indicated that in 2001, the portion of Old Central adjacent to the proposed project carried 8,000 trips per day. At this traffic level, it was carrying 57% of the traffic for which the roadway was designed and constructed to function at a Level of Service D. The Comprehensive Plan anticipated Old Central carrying over 10,000 vehicles per day by the year 2020. At this level, Old Central would be carrying 71 % of the maximum amount of the traffic for which the roadway was designed. Mr. Hickok said that Town Center Development hired the engineering planning firm of Loucks & Associates to perform additional traffic analysis. The consultants viewed the numbers for a ' retirement community in the ITE Trip Generation manual and determined that the proposed '�, complex would generate a total of 165 trips per day, which might be low. The true number of trips � per day likely fell between 165 trips per day and 322 trips per day. The Planning Commission held a public hearing on this item on November 5, 2003. The Planning Commission added an additional stipulation requiring the developer to plant additional large trees along the property line and that the developer share the new landscape plan with the neighbors. The new landscape plan was prepared and presented. It included losing some existing trees and planting ten additional evergreens that were 8 to 12 feet in height. Mr. Hickok said that at its Noveinber 24, 2003, City Council meeting, Council tabled action on this item for further traffic analysis. Further analysis indicated no impact to the functioning of the roadways or intersections. The developer did meet with the neighbors to address neighborhood concerns. As a result of the meeting, a three-level design was proposed. Mr. Hickok said the petitioner hired Traffic Data, Inc., to prepare a detailed study of the roads and intersections surrounding the project. Under all scenarios, the functioning of the roadways and intersections would not be negatively impacted by the senior development. No signals or roadway improvements would be needed to accommodate traffic from this development. The study numbers were similar to City traffic counts. Staff conducted traffic counts on Pierce Street. The traffic counts were conducted from Monday, December 8, 2003, through Tuesday, December 9, 2003. Anoka County counts indicated that there were 6,500 cars per day on Mississippi Street west of Old Central. On Old Central north of Mississippi Street, there were 9,000 cars per day. Old Central Avenue south of Mississippi Street had 8,260 cars per day. Mr. Hickok said that with respect to the ITE Trip Generation manual, a new ITE manual was published in December, 2003. "That information now included a senior adult housing category. For 55 units, it indicated a trip generation of 191 daily trips. The IT� manual was a national survey of developments to deterinine a realistic average. � Mr. Hickok stated thati the redesigned site plan was the result of a ineeting held at Sandee's „ Restaurant with sunounding neighbors. The redesigned plan eliminated one of the units, so there were now 54 units and was now three stories instead of four. All of t11e site specifics worked except that one of the drive-outs on the site was only 20 feet wide. Two-way traffic needed a 25 foot drive-out. There was space to widen that. Staff recommended approval of Rezoning Request, ZOA #03-03 and the accompallying site plan for the senior building with 26 stipulations. The FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5 2004 �AGE 9 proposed rezoning was consistent with the Comprehensive Plan, and it provided housing opportunities for Fridley seniors. Staff recommended approval of Preliminary Plat Request, PS #03-08 with 26 stipulations. Councilmember Bolkcom asked about the different levels of service. Mr. Hickok said the level of service had a gradation scale similar to grading school papers. The letters A through F were gradation for levels of service at intersections. Grade A would be the best. Traffic engineers talked in terms of a.m. and p.m. peak times when they are looking at intersections. If the trafiic did not move well during those periods, it would not move well during the mid-day periods. At the point where the level of service got to be unacceptable, alterations needed to be considered at an intersection. The traffic analysis showed there would be no drop in the level of service based on this development. Mr. Jon Haukaas, Public Works Director, said that a big factor in level of service was delay time. Level of Service A was a free-flow condition. Level F had a significant backup. Level B was very good with minor delays, probably at the worst times. Level C might mean six to ten cars at a four- way stop and it was still considered a very acceptable level of service. Councilmember Bolkcom said it only took into account the i.ntersections. It did not include driveways. Mr. Haukaas agreed. Councilmember Bolkcoin said asked what the Level of Service was for the intersection of 57t�' and University Avenues. Mr. Haukaas said that 57th Avenue was at a Level of Service D. Councilmember Wolfe asked what the intersection was at the end of Moore Lake. Mr. Haulcaas said he did not know. Councilmember Wolfe said that at one time it was an issue. After the area was redeveloped, it became an I'. He said the development was not going to change anythinb. Councilmeinber Barnette asked how the new plan affected the underground parking. " Mr. Hickok said it broadened the footprint of the building. Initially there were 51 parking spaces below the building and there was an exterior detached garage that incltiided 4 garage stalls. The Y new footprint included 64 below ground stalls. It also added storage space in the building. Councilmember Bolkcom aslced Mr. Hickok to explain a document Council received regarding the condominiums. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 10 Mr. Hickok said it was a draft document that discussed the rules and guidelines for the proposed residential development. He said he had three copies that were available for review. The document specifically stated who qualified to live in the development. There was a 55 year minimum requirement to qualify for this development. It also addressed another question regarding the next generation of buyers or what would happen if the development was no longer owner-occupied. It allowed a maximum of five percent of the units, or 5 units, to become rental. There was a process, however, that had to be followed. It was their intent to have 90 percent of the units owner-occupied. Councilmember Wolfe said there had been discussions about widening Highway 65 to three lanes and asked how that would affect the traffic flow. Mr. Hickok said part of the planning process by traffic engineers was to determine destinations. The purpose for broadening a highway like Highway 65 was to handle capacity and move the traffic. If there were other destinations off the highway that would draw people away via Mississippi Street, that would be a concern. Broadening the roadway would help the situation and allow people to get from point A to point B quicker. Councilmember Wolfe stated it was said there was virtually no traffic going between the north and south Medtronic developments because they had their own shuttle. Mr. Hickok sai d when the Medtronic development came to Fridley, one of the things they were asked to do because of the traffic demands that might be generated was to look at alternative modes of transportation. They encouraged staggered start times and a number of different things, including shuttles between their north and south development. MOTION by Councilmember Billings to receive a letter dated January 4, 2004, from Rhonda and Jim Rusinalc, 5412 Pierce Street N.E. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MQTION CARRIED UNANIMOUSLY. Mr. Richard Whinnery, Town Center Development; Mr. John Christen, Christen Art Design; and Mr. Mike Stolcart, Traffic Data, Inc., introduced themselves. Mr. Whinnery said they met with the residents. During the meeting they discussed the landscaping plan and it i�as accepted the way it was presented. They lowered the building to three stories and did a traffic study that showed there would be little or no impact by the proposed development. � Mr. Christen said the underground parking area had 18 additional spaces. There were 54 units and 72 underground parking stalls and 53 above-ground stalls, for a total of 125 parking stalls. y Mr. Stolcart inentioned that there was no data available, and that was what they based the study on. T'here was a specific item that talked about senior adult housing. They also reviewed what would be a�vorse case scenario, and they felt that would be a large off ce complex. Ui�der that worse FRIDLEY CITY COUNCIL MEETING MINUTFS OF JANUARY 5, 2004 PAGE 11 case scenario, it would be operating at an acceptable level of service pursuant to traffic engineering guidelines. Councilmember Bolkcom said the problein was not just at the intersections, but with people getting out of their driveways. She asked if anything had been done on that. . Mr. Stokart said nothing was done with that because traffic congestion was at major intersections. He thought the traffic impact would not be noticeable. � Councilmember Bolkcom said Mr. Whinnery provided addresses for other developments. She went and looked at three and did not think any where similar. 0 � Mr. Christen suggested a building in Maple Grove. Ms. Joan Olson, 6320 Van Buren Street N.E., said she did not agree with the information about senior drivers. She said she had kept track and her and her husband generated between 16 to 18 trips per day. The building had no amenities. There was no park, golf course, or swimming pool near by. There was nothing in the area. Traffic on Old Central was congested. There were no breaks in the traffic because there were no stoplights. Ms. Jean Schwartz, 1372 — 64t�' Avenue N.E., said that according to the S-2 redevelopment district regulations, if this was approved, they would need a special use permit for several 9 foot parking stalls. She said a developer must establish a legitimate reason for rezoning. The City was under no obligation to rezone. If the area was zoned S-2, it would malce it very easy for a developer to build. It bothered her that the Planning Department suggested that land beyond the project be rezoned. Since the names on the plans seemed to be City staff, she thought it was obvious who really developed the City's Comprehensive Plan. Since there was high attendance at Council meetings where high density housing was an issue, it should be clear where the residents actually stand. The Comprehensive Plan called ior multi-family residential housing to decrease from 1999 to 2020. Some cities have gone against the Met Council in favor of the residents' opinions. She asked what was more important, the Met Council's opinion or the concerns of their constituents. With the rezoning to S-2 going beyond the project, they would be setting a precedent. That land will be rezoned for multiple dwellings and for redevelopinent. Ms. Pam Reynolds, 1241 Norton Avenue N.E. Said that after the redevelopment on Norton Avenue, the Comprehensive Plan was something she looked at daily. The Comprehensive Plan talked about change of character within a neighborhood. The Comprehensive Plan also said that the developer must make it clear that the project would benefit the neighborhood. Members of the neighborliood had been at meetings saying they did not want the project. Once the zoning was changed, they could do whatever they wanted. The Comprehensive Plan said the developer was the one who had to prove that the zoning was necessary and he did not prove that. The demographics regarding senior citizens in Fridley, the State of Minnesota and in all of the 188 cities encompassed by the Metropolitan Council did not prove the need far this kind of project. If �he zoning was changed to S-2, the character of the neighborhood would change, and the Comprehensive Plan said that they should avoid changing the character of the neighborhood. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 12 Ms. Cindy Mabel, 1214 Norton Avenue N.�., said she traveled on Old Central every day. She said it was already busy. She said they needed to think about how society was changing. She did not think City staff was warking for the residents. There were other areas that were better suited. She asked if it was the will of the people or the will of the Metropolitan Council. They did not want the project and did not think that Central Avenue could handle the traffic. Mr. Gary Brown said his family owned the subject property for over 20 years. The property had , been zoned commercial since about 1957-58. They felt that developing the land into a senior facility was a good mix for the neighborhood. Central Avenue did carry a lot of traffic during rush hour, so did a lot of roads. Concern was expressed when the Credit Union was built, when the " Fire Department was built, and when the athletic club was built. That was progress. The City needed to grow and change. They needed to make a decision if they wanted to 11ave senior housing in Fridley. It was time to develop the property and this was a quality project. Councilmember Barnette asked if City staff coerced or encouraged them to sell their property. Mr. Brown said they did not. Mr. Kurt Olson, 1385 — 64th Avenue N.E., said the developer who was looking at developing on the east side of Old Central told him that someone from City planning, told him to talk to all the neighbors because there was an alley easement and see if they were willing to sell their properties. Councilmember Barnette said they were talking about the current project. Mr. Olson said someone may have gotten that idea from what he was told. He did not like the idea of the S-2 zoning for the whole block. If something was going to go there, he would rather have it be seniors than anything else. At the last meeting they said there would not be any rental units. Now, they were saying 5 percent or 5 units. If it was passed, he would like there to be no rental. There should also be a stipulation that when they planted the trees, if the trees died within two or three years, the development or the developer had to take care of the problem. Mr. Mark Schwartz, 1372 — 64t�' Avenue N.E., asked why the rest of the block was rezoned. Mayor Lund said it was necessary because if not, it would be considered be spot zoning. Mr. Schwartz said he did not tmderstand that. Ms. Andrea Olson, 1385 — 64t�' Avenue N.E., said it did not seem necessary to rezone the area that was not part of the project. By opening up S-2 zoning, they would be leaving themselves with less ° ground to n�anage what someone might do with the property. She appreciated that the developer brought the building down to a lower level. It would have less of an impact. That did not mean it . was right for the neighborhood. It was a residential area. Councilmei�iber Bollccoin said that the way it was zoned now, they could put something much bigger there and there would be nothing they could do about it. The way it was zoned now, they could ask for a building permit, and as long as it fit into the footprint, they could put something in. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 13 Ms. Olson said it was not only creating a precedent for the neighborhood but for the entire city. Traff c in the area was crazy. Mr. Hickok said the first speaker talked about the data on the number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want _ to be tied down to yard work, snow plowing and shoveling. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go through the site plan. The information they have been provided was that the parking was going to be adequate and the stall dimension proper. Mr. Hickok said there was discussion about the Comprehensive Plan and spot zoning. With respect to the Comprehensive Plan, anyone who was at the meetings had an opportunity to speak and be involved in the process. He was encouraged by the amount of interest in the Comprehensive Plan, and he thought they should be interested in it. It was important to understand that beyond the people who were passionate about this issue, there were other voices who put words into the Comprehensive Plan about what people needed. One of the things that was clearly described and articulated by discussions at the Comprehensive Plan meetings was senior housing and the opportunity it would provide seniors to say in the community. Mr. Hickok said a question was brought up about rental units. It appeared that the project would allow up to 10 percent or up to 5 units. That would be governed by the body of the association. There was a question about trees and landscaping. Trees when planted as part of a master plan development needed to live. They were very specific about trees in the landscape plan. The zoning was consistent with standard zoning practices used in the past. Mr. Hicicok said there was a concern about the development across the street and City staff sending someone out to buy property. A gentleman came in and was interested in rezoning the north end of the block. Staff asked him to look at the history across the street and the discussions that had taken place. It was explained to him how spot zoning warked and what the standard practices had been and what would be a proper zoning request They had not received a formal development proposal. Councilmember Bolkcom asked if parking stalls were norinally 9 feet wide. Mr. Hickok said in residential projects it was not uncommon to see a 9-foot parking stall. The City did liave the discretion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the plan at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue, and turn-over in a senior complex like this was proven to be low. Councilmember Bolkcom aslced about spot zoning. Mr. Hickok said there would be different opinions about what ��as and was not spot zoning, so �vhat they reliEd on was the standard practices of the City and what the City had done historically in making determinations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. g+'RIDLEY CITY CaUNCIL �IEETING MINUTES OF JANUARY 5, 2004 PAGE 14 Councilmember Bolkcom said she did not understand it. It was only helping one developer. Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the Comprehensive Plan said that if and when the area was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone came in and asked for half of it, we said sorry, they needed to get the other folks on the block involved. If the other property owners said no, the � developer would have had a dilemma. What was requested was consistent with the guide plan. That was the bigger picture. It was what the City said it wanted. Councilmember Bolkcom asked why the zoning for someone who was already there needed to be changed. Notlling was going to be done with the other two properties. She asked why they were included. If they made it S-2, inany things could be done. Mayor Lund aslced the City Attorney if it was a legal requirement to rezone the entire block and if it could be separated. Attorney Fritz Knaak, City Attorney, said the idea behind spot zoning was you were not supposed to be taking and rezoning on a case-by-case, development-by-development basis. They were supposed to base their decision on not only the needs of a particular development but the needs of the City. If there was a block where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to determine if additional rezoning was necessary as part of the process. When Courts reviewed these decisions, one of the things they looked at was boundaries and whether they were rational. In order to protect the needs of the City, they needed to look beyond the single site for redevelopment and determine, based on the Comprehensive Plan, whether it inade sense to extend the zoning beyond what was being requested. Mr. Hickolc said someone in the audience said the developer must prove there was a need. The developer did a housing study to determine the demographics for the area, what the market demand was for senior housing, and what the market would bear in terms of price for the units. They used a reputable firm to conduct the survey. The response proved that not only was there a demand here but the units were in a healthy price range. MOTION by Councilmember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary Plat Request, PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECd�ARED THE MOTION CARRIED iJNANIMOUSLY. 16. CONSIDERAT�ON OF �1 REZONING REQU�ST, ZOA #03-04, BY RAS , PROPERTIES, TO REZONE MULTIPLE PROPERTIES FROM R-2, TWO_ FAMILY UNITS, TO R-3, GENERAL MULTIPL� UNITS, G�NERALLY LOCATED AT 351 — 74�1�H AV�liTUE, 361— 74�1H AV�NUE, 371— 741H AVENUE, 389 — 74�i'� AV�NUE, 415 — 75(I" AVENUE, 7400 LYRIC LANE, 350 — 75 rH AVENUE, 460 — 75TH AVENUE, 450 — 75 ri� AVENUE AND 476 — 75 i��' AVENi1E (WARD 1). FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE_ 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. = Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75t" Avenue. He would like to rezone the properties located at 351 — 74th Avenue, 3bl — 74th Avenue, 371 — 74th Avenue, 389 — 74t1i Avenue, 415 — 75tn � Avenue, 7400 Lyric Lane, 350 — 75t�' Avenue, 460 — 75th Avenue, 450 — 75t�' Avenue and 476 — 75t�' Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforming uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tornado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building ar stnicture was 50 percent or more of its fair market value. In no case could a non-conforming use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a permitted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964 dividing the permitted uses of the R-2 zoning district. The division did not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-conforming. Last summer, petitioner applied for a building permit to tear down the existing garages and to build new ones. Since the property was non-conforming, a building permit could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74t�' Avenue, 75tt' Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 apartrnent units in the City that are zoned R-2, Two Family, and are used to house multi-family buildings. Staff asked Council and the commission members on the 2001 couneil/commission survey if they would lilce staff to initiate a rezoniiig process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive * Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- � Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr, Hickok said the Planning Coinmission considered this request and recommended approval. Staff recommended CoLincil's approval of this request. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 200� PAGE 16 Councilmember Billings asked about Outlot #1 near 460 — 75t" Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. . Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attorney Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strilce and amend. Councilmember Billings asked what the zoning was on Lot 11. Mr. Hickolc said currently, it was R-3, Multi-Family. Councilmember Billings asked if they could describe the entire tract as all of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate all of Block l, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75t�' Avenue would have to be listed as an exception. Councilinember Billings said 460 — 75t�' Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement. Mr. Hickolc said they did. Councilmember Bolkcom asked if someone could tear down what was there and build something bigger. Mr. Hickok said there was a relationship between tlie amount of building you could put on a site ` and the square foot dimension. In a multi-fanuly development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and , in order to build something bigger, they would have to meet the current R-3 standards. Parcels would need to be consolidated. MOTION by Councilmember I3olkcom to close the public hearing. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL I��IEETING MINUT�S OF JANUARY 5 2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARItIED UNANIMOUSLY. NEW BUSINESS: 17. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF TI�E - CITY OF FI2IDLEY, MINNESOTA, BY 1VIAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #03-02, BY TOWN CENTER � D�VELOPMENT (WARD 2). MOTION by Councilmember Wolfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember Barnette. Councilmember Barnette said he would like to make a few comments on this issue. About a year ago, there was another rezoning issue and there were problems. He wanted to make sure with this rezoning that the bases were covered. He attended the Planning Commission meetings, the Council meetings, and the neighborhood meeting that was held by the developer on this matter. There were many arguments and most were against the proposal. One comment that was made by a resident was that so often they felt these issues were a done deal befare they ever started. That was not true. Another comment made was that it would bring commotion to the neighborhood and they wanted the neighborhood to stay the way it was. People said this was going to set a precedent. A person who lived near the site mentioned that because of the height of the building, they would have to look at the lights from the building. Traffic concerns were expressed. Councilmember Barnette said when he was in high school he wrote a book report on a book by Ernest Hemingway, "For Whom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title of that book came from?" He found out the title came from a English philosopher by the name of John Dunn. Councilmember Barnette said people asked him over and over again, if he would want this in his back yard. He said he and his wife had lived in Fridley since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Street was a dirt road and did not go all the way through. The City blacktopped the road and brought more traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very quiet street. In 1967, the City built the City garage about one block from his house. Every single veliicle fro�n the City went in and out of there. The tornado hit in 1965, btrt another major thing that was happening in F'ridley at that time was University Avenue was widened to four lanes, which created a lot more traffic. So much so, , that his neigllborhood became very busy. He went around his ileighborhood with a petition to ask the State to put a semaphore in so they could get out of their neighborhood. The Sta.te said it did not meet the criteria but that they would pay for part of it. The State paid for 50%, the County • 25% and the residents on either side of 69t�' Avenue paid the other 25% out of property taxes. In 1975, the County o� Anoka decided it would be nice to build an ice arena in that area. The traffic far the arena went right by his intersection and it became harder and harder to get out of there. In 1983, the (:ity built a state of the art softball complex on 40 acres of land across from Columbia Arena. Soine of 1he neighbors in that area said if they built there, they would move. The City built the complex. This last summer he was watching some softball games during the `49er Days FRIDLEY CITY COUNCIL MEETING 1VIINUTES OF JANUARY 5, 2004 __ PAGE 18 tournament and the same neighbors were there. One neighbor told him he was watching his grandchildren play and thought it was great that he could wallc over to the park. In the 1980s, Woodcrest Baptist Church started a school. They also decided that they wanted a gymnasium in the lower part by the creek near the backyard of two of his neighbors. His neighbors told him that if they let them build that they would have to move. Did the gymnasium help the school and the kids? Yes. Those two neighbors are still there and are good friends of his. In 1987, the City decided that they wanted a City soccer field. They said a good place for the soccer field was in Locke Park. The soccer program runs all summer long. People should park in Columbia Arena, but they do not. They park along the street. Northco Industrial Park also used the service road. The U.S. post office warehouse was there and trucks go out in the morning and return in the afternoon. Cotmcilmember Barnette said we are part of a city. He received a telephone call on this particular project from someone who lived in Heather Hills. This person did not realize the problems the builder had when building the homes in that area because some of the neighbors did not want them there. He said "not in my backyard" did not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto themselves. They are part of a city. Things do change. We are a changing community. We are in a redevelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in stone. It was used though. Another area that was redeveloped was the area of Totino High SchooL It created traffic. Was it a good, positive thing for the community? Yes it was. Traffic patterns did change. Buildings and development changed. That was all part of a developing community. We did have to make some decisions and not everything had to be approved. It was a positive project. Was it the best thing that could go in there? He could not answer that. We do know that if it was not rezoned, other things could go there. People have said to leave it alone. The word was out that the property was for sale. Somebody would develop that property. He listened to what people have said. He was not saying that he knew what was best. He believed Council was charged with malcing decisions. We had a representative government, and the residents did not get to vote on every issue. They elected Council to do that. They were charged on making the best decisions they could on the best information they could with the best resources they could. He said he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the residents had to say. They continued the public hearing because there were traffic concenls. As a City Council, they needed to look at what they were going to do. There was a fair amount of traffic on Old Central. They needed to worlc with the CoLinty and County Commissioner Jun Kordiak to see if there was anything they could do to move traffic in that area. The developer made the build one story lower. They looked at parking and made some changes. Someone could build soinething else on that property. She l�ad a concerii about the whole blocic being rezoned, but they did have an opportunity to watch the other area. Councilmember Billings thanked the neighbors for being involved i1� the process. Soine significant changes were made to the project as a result. People were heard. � FRIDLEY CITY COUNCII� MEETING MINUTES OF .TANUARY 5, 2004 PAGE 19 Councilmember Wolfe said over the last six months, they have heard clearly from the residents that the Comprehensive Plan was not very good. He could not support the project because he has seen the traffic and believed the neighborhood made their wishes very clear. Mayor Lund said it would be good far seniors. The S-2 rezoning allowed some latitude and greater use of restrictions. It was appropriate for the block. He did not feel tied to the Met Council - for this specific request, beyond the legally-required minimums. The developer had been considerate. The building was lowered one story. The request was not staff-driven. Staff was � equally helpful to developers and residents by being courteous and providing information. There was a small number of the units that could be rented, but that was very common. After considering the request, he would vote to approve the request. Mr. Hickok asked if they could specify in their motion whether approval was based on the three- level or four-level master plan. UPON A VOIC� VOTE, COUNCILMEMBER WOLFE VOTING AYE AND MAYOR LUND, COUNCILMEMBER SARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMB�R BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED ON A 1 TO 4 VOTE. MOTION by Councilmember Barnette to waive the reading and approve the ordinance on first reading with the following stipulations: 1. Property to be developed in accordance with site plan, sheet C2-1, dated October 29, 2003, by Loucks McLagan Engineering firm. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Yetitioner to meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building perinit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior coinplex. 7. Petitioner to provide clearance letter from the State Historical Preservation Off'ice prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the Cotmty right-of-way. Any planting within the right-of way to be approved by the County prior to planting. FRIDLEY CITY COUNCIL MEETING 1VIINUTES OF JANUARY 5, 2004 PAGE 20 10. Petitioner to obtain a permit from Anoka County for any work done within the County right-of- way. 11. Restoration of bike path along Central will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for stormwater run-off and - management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES permit and provide NURP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the building's association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. A development agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. - 25. 'The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening lbetween the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 21 26. All drive aisles to be used for 2-way traffic shall be 25' width. It will also include the master plan which included three stories and 54 units. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILIVIEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOT�. Mayor Lund asked if the preliminary plat request needed to be approved. Mr. Hickok said a motion to approve the preliminary plat was required. Councilmember Billings asked if they needed to officially amend the agenda to include the legislation. Attorney Knaak said they did. MOTION by Councilmember Billings to amend the agenda to include under New Business, Item No. 17A, Consideration of a Preliminary Plat Request, PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED TH� MOTION CARRI�D UNANIMOUSLY. 17A. PRELIMINARY PLAT REQUEST, PS #03-08, BY TOWN CENTER 1)EVELOPMENT, LLC, TO CREATE TWO SEPARATE LOTS TO ALLOW FOR THE CONSTRUCT�ON OF A SENIOR HOUSING D�VEk.OPMENT, G�NERALLY LOCATED AT 1282 MISSISSIPPI STREET AND 6490 CENTRAL AVEN�TE (WARD 2). MOTION by Councilinember Bolkcom to approve Preliminary Plat Request, PS #03-08, by Town Center Developinent, LLC. Seconded by Councilmember Billings. Mayor Lund asked if the stipulations needed to be included. Mr. Scott Hicicok, Community Development Director, said they did. � MOTION by Councilmember Bolkcom to amend the main motion to include the following stipulations: 1. �'ro�erty to be developed in accordance with site plan, sheet C2-1, dated October 29, 2003, by �,oucks McLagan Engineering firm. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5 2004 PAGE 22 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to ineet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to - issuance of a building perinit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 10. Petitioner to obtain a permit from Anoka County for any work done within the County right-of- way. 11. Restoration of bike path along Central will be required after cornpletion of senior complex. 12. Petitioner sliall identify ponding area and provide easements for stormwater run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES permit and provide NURP ponding for entire site. 15. City Engineering staFf to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the building's association documents prior to issuance of a building permit. l9. Buildin� to be restricted to seniors aud policies io do such shall be outlined in association documents. 0 FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 23 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. A development agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 25. The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. 26. All drive aisles to be used for 2-way traffic shall be 25' in width. Seconded by Councilmember Billings. UPON A VOICE VOTE ON THE MOTION TO AMEND, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND D�CLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOICE VOTE ON THE MAIN MOTION AS AMENDED, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMB�R BOLKCOM VOTING AY�, AND COUNCILM�MBER WOLFE VOTING NAY, MAYOR LUND D�CLARED THE MOTION CARRIED OTd A 4 TO 1 VOTE. 18. I'IRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF TFiE � CITY OF FRIDL�Y MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICT (IZ�ZONING REQUEST, ZOA #03-04, BY I2AS PROP�RTAES)(WARD . � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first readiilg. Seconded by Councilmember Wolfe. FRIDL�Y CITY COUNCIL MF,ETING MINUTES OF JANUARY 5, 2004 PAGE 24 MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74th Avenue: Lot 10, Block l, Melody Manor Addition" and ending with "350 — 75t�' Avenue: Lot 12" leaving the words `Block l, Melody Manor Addition." Strike "460 — 75`�' Avenue:" Strike "450 — 75t�' Avenue: Lot l, Block l, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block l, Melody Manor Addition." Add "All of ' before the phrase `Blocic 1, Melody Manor Addition." Add "; and" after `Block 1, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON THE MOTION TO AMEND, ALL VOTING AYE, MAYOR � LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE ON THE MAIN MOTION AS AMENDED, ALL VOTING AYE, MAYOR LUND D�CLARED THE MOTION CARRIED UNANIMOUSLY. 19. INFORMATION STATUS REPORTS. Mr. William Burns, City Manager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOT�, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Secretary Scott J. Lund Mayor 0 � AGENDA ITEM � CITY COUNCIL MEETING OF FEBRUARY 9, 2004 C7TY OF FRIDLEY Date: February 3, 2004 To: William Burns, City Manager ;,:t ;�:r'o� �`�-'°� � �;[ Fi-om: Scott Hickok, Conununity Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner RE: Second Reading of an Ordinance Amending S-3, Onaway District, Solid Waste. M-04-21 INTRODUCTION City staff is requesting consideration of an ordinance ainendment to the Fridley City Code, Chapter 205, pertaining to S-3, Onaway District, screening of solid waste. The change in the code will not require screening of solid waste containers located within an alleyway in the Onaway District A public hearing for, and first reading of the ordinance were held at the Council's January 26, 2004, meeting. PLANNING STAFF RECOMMENDATION City Staff reconunends that the City Council hold the second reading of the ordinance to amend Fridley City Code, Chapter 205, S-3, Onaway District, Solid Waste. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO S-3, ONAWAY DISTRICT, SCREENING OF SOLID WASTE. THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That Section 205.25.10.D.(3) is hereby amended as follows: n,� +� a� ± ��*^^�°� Any bulk or box tvne container used for the stora�e of mixed municipal solid waste, recvclables, or comoostables must be located in the rear or side yard and be totally screened from view from any public right-of-way (except as listed below). Provisions must be taken to protect screening from vehicle damage. Anv bulk or box tvne container used for the storaee of mixed municipal solid waste recvclables, or comnostables ]ocated within an allevwav must be located within five (51 feet from the vrincinle structure and does not reauire screenine from anv public rieht-of-wav. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9Tx DAY OF FEBRUARY 2004. ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: January 26, 2004 First Reading: January 26, 2004 Second Reading: February 9, 2004 Published: February 19, 2004 2 SCOTT J. LUND, MAYOR � � CfTY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 9, 2004 William W. Burns, City Manager �t� � Deborah Dahl, Human Resources Director Feb. 4, 2004 AMENDMENT OF PERSONNEL ORDINANCE This is a request to amend Chapter 3 of the Fridley City Code Personnel relating to Severance Pay. Back�round As you may recall, during the announcement of recent layoffs, an issue arose as to who is eligible to receive severance pay under Section 3.05. The current language allows for severance pay to be provided to "an employee hired before September l, 1978" and does not define "employee" as full-time, authorized or part-time. One employee who was laid off came forward and requested severance pay based on the grounds that even though she was part-time at the time the ordinance was in effect, she in fact was hired prior to Sept. l, 1978. City Attorney, Fritz Knaak, concluded that while the intention is to provide the benefit only to full-time authorized employees, the City was not clear in its definition of employee. His opinion was that the City would not be able to a make a strong argument to defend the City Code as written and recommended a severance agreement be made to that employee. Mr. Knaak also urged the City to talce immediate action to amend the ordinance to clarify the definition of employee in order to limit any further liability exposure. By amending this ordinance, there will be no additional cost to the City and there will be no employees, which will be added to the current pool of beneficiaries already budgeted. If the City Council does not approve the amendment, then additional part-time, seasonal or temporary employees may potentially seek claims, and expose the City to an unfunded liability. Recommendation Attachment 1 is an ordinance amending Chapter 3. Personnel for your consideration and first reading.. � � 3 .�►�1 •� �• AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 3. PERSONNEL RELATED TO SEVERANCE PAY The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code, be hereby amended and ordains as follows: FRIDLEY CITY CODE CHAPTER 3. PERSONNEL Section 3.05. SEVERANCE PAY Each employee who leaves the City employment for any reason, whether voluntary or involuntary, sha11 be paid for accrued annual leave days. An employee ' , authorized as re�ular full- time with benefits with forty-eight or more consecutive months of employment and who was hired before September 1,1978 will receive severance pay in cash based on one and one-half (1 '/2) days for each twelve (12) consecutive months worked, but not to exceed fliu-ry (30) days of same. (Ref. 985) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2004. ATTEST: Debra A. Skogen, City Clerk First Reading: February 9, 2004 Second Reading: Publication: 4 Scott J. Lund, Mayor � � CffY aF FRIDLEY . To: From: Date: Re: 0 AGENDA ITEM CITY COUNCIL MEETING OF February 9, 2004 William W. Burns, City Manager�,��-� John Berg, Fire Chief February 5, 2004 First Reading of an Ordinance Amending Chapter 107 of the Fridley City Code Pertaining to Fire Officers. Fridley City Code, Chapter 107, Section 107.04 requires an amendment due to the changes in the Fire Department over the past three years to reflect the current structure. Staff recommends approval and first reading of the ordinance. 5 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 107. FIRE DEPARTMENT, OF THE FRIDLEY CITY CODE PERTAINING TO DEPARTMENT OFFICERS The City Council of the City of Fridley does hereby find and ordain, after review, examination and staff recommendation that Chapter 107 of the Fridley City Code be hereby amended as follows: CHAPTER 107. FIRE DEPARTMENT 107.04. DEPARTMENT OFFICERS There shall be � T�°„•�+�� '�~° r'��°� an Assistant Fire Chief who shall assume the responsibilities and authority of the Fire Chief during the Fire Chiefs absence. �° T'°r••*<, r-��.;o� ;� .,��„ +i,o There shall also be a Fire Marshal, who shall serve as the City's designated �'�r°'`��•�'��" Code Official as defined by the Minnesota State Fire Code. The Fire Marshal shall be .,,� responsible for enforcing the City's fire prevention and life safety codes and ordinances, � � ��egr-a�s and other duties as assi ng ed by the Chief. The department is authorized to have additional officers as deemed necessary for the effective and efficient administration of the department's services. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. ATTEST: Debra A. Skogen, City Clerk First Reading: February 9, 2004 Second Reading: Publication: � Scott J. Lund, Mayor � � �CfTY dF FRIDLEY - To: From Date: 0 AGENDA ITEM CITY COUNCIL MEETING OF February 9, 2004 William W. Burns, City Manager ��,� � �, i� John Berg, Fire Chief February 5, 2004 Re: First Reading of an Ordinance Repealing Chapter 108 of the Fridley City Code and Adopting a New Chapter 108 Pertaining to Fire Prevention and Adopting the Minnesota State Fire Code An amendment to Fridley City Code Chapter 108 is required because the Minnesota State Legislature adopted the International Fire Code with State Amendments. This amendment would bring the City of Fridley in conformance with the Minnesota State Fire Code. _ __ _ _ _ ___ In addition, language was added to allow fire officials to enforce misdemeanor offences for Deliberate or Negligent Burning (108.06), Removal or Tampering with Equipment (108.07), Fires or Barbecues on Balconies or Patios (108.10) and to regulate Fire Apparatus Access Roads (108.11). Staff recommends approval and first reading of the ordinance. 7 ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 108. FIltE PREVENTION, AND ADOPTING A NEW CHAPTER 108. FIItE PREVENTION, OF THE FRIDLEY CITY CODE PROVIDING FOR THE ADOPTION OF THE MINNESOTA STATE FIItE CODE The City Council of the City of Fridley does hereby find and ordain, after review, examination and staff recommendation that Chapter 108 of the Fridley City Code be hereby amended as follows: Section I: That Chapter 108. Fire Prevention of the Fridley City Code be hereby repealed in its entirety. Section II: That Chapter 108. Fire Prevention of the Fridley City Code be hereby adopted so that the City of Fridley is in conformance with the Minnesota State Fire Code as follows: CHAPTER 108. FIItE PREVENTION 108.01. ADOPTION OF 1VIINNESOTA STATE FIRE CODE Minnesota State Fire Code Adopted. The 2003 Minnesota State Fire Code, as adopted pursuant to Minnesota Statutes 299F.011, hereinafter referred to as MSFC, is hereby adopted as the Fire Code for the City of Fridley. The provisions of the 2003 Minnesota State Fire Code, appendices E, F, and G thereto, the International Fire Code published by the International Code Council, Inc. (Falls Church, Virginia 1999) and any and all amendments and changes thereto adopted by the Minnesota Commissioner of the Department of Public Safety, Fire Marshal Division, Chapter 7510, except as modified or amended by this Article, are hereby adopted by reference and incorporated as a part of this code. 108.02. REQUIltED PERMITS, FEES and USER SURCHARGES 1. Fire Department User Surcharge. A surcharge equal to .1% (1/10%) of the project valuation of each building permit issued shall be collected at the time a building permit is issued. 2. Permit Required Prior To Initiation of Activity. Applicants seeking a permit as specified by provision of the MSFC or this code, shall be in receipt of said permit prior to commencement of the regulated activity, construction, installation, modification, maintenance, operation or process granted by said permit. 3. Required Construction Permits. Fire Department permits required by MSFC provision or this code shall be issued by the code official for the construction or modification of the following systems under the conditions as stated herein or in the MSFC: A. AUTOMATIC FIRE-EXTINGUISHING SYSTEMS Installation or modification to an automatic fire-extinguishing system. B. COMPRESSED GASES Installation, repair damage to, abandon, remove, place teinporarily out of service, close or substantially modify a compressed gas system. : Ordinance No. Page 2 C. FIRE ALARM AND DETECTION SYSTEMS AND RELATED EQUIPMENT Installation of or modification to fire alarm and detection systems and related equipment D. FIRE PUMPS AND RELATED EQUIPMENT Installation of or modification to fire pumps and related fuel tanks, jockey pumps, controllers and generators. E. FLAMMABLE AND COMBUSTIBLE LIQUIDS To repair or modify a pipeline for the transportation of flammable or combustible liquids; to install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel- dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used; to install alter, remove, abandon, place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank. F. HAZARDOUS MATERIALS To install, repair damage to, abandon, remove, place temporarily out of service, close or substantially inodify a storage facility or other area regulated by MSFC Chapter 27 and MSFC Table 105.6.21. G. 1NDUSTRIAL OVENS To install industrial ovens covered by MSFC Chapter 21. H. LP GAS SYSTEM Installation or modification of an LP - gas system. I. PRIVATE FIRE HYDRANTS Installation or modification of private fire hydrants. J. SPRAYING OR DIPPING To install or modify a spray room, dip tank or booth. K. STANDPIPE SYSTEMS Installation, modification or removal from service of a standpipe system. L. TEMl'ORARY MEMBRANE STRUCTURES, TENTS AND CANOPIES Erection of an air-supported temporary membrane or tent having an area in excess of 200 ft2 or a canopy in excess of 400 ft2. 4. Coinmence of Work Prior to Issuance of a Construction Permit. If work for which a permit is required by Section 108.02.3 has been commenced without first obtaining the required perinit, a special investigation shall be inade before a pennit inay be issued for the work. The investigation fee shall be equal to the permit fee for the permitted activity and shall be collected in addition to the required permit fee. 5. Operational Permits. An operational perinit shall be required for specific operations or businesses in the City of Fridley as set forth in MSFC Sections 105.6.1 through 105.6.46 or within this code. E Ordinance No. Page 3 6. Permit Fees. Wherein perinits are required by the MSFC or other provision of this code, the Code Official shall collect fees in accordance with the schedule set forth in Chapter 11 of the City Code of Fridley. Permit fees shall be paid prior to the issuance of any permit. Fees shall be reviewed annually to insure proper charges for services rendered. 7. Permit To Remain On Premise. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the Code Official. 108.03. FIRE EXTINGiIISHERS l. All required fire extinguishers shall be selected, installed and maintained in accordance with MSFC Section 906 and National Fire Protection Association (NFPA) Standard 10, Standard for Portable Fire Extinguishers, 1998 Edition. 2. The recharging and certification of fire extinguishers shall be accomplished by persoiis who are skilled and competent in such work, including certifed firms or individuals who are actively engaged in the business of fire extinguisher servicing. 108.04. FIRE LANES 1. The Code Official shall be empowered to order the establishment of fire lanes on public or private property in accordance with the MSFC. When such fire lane is established on public property or a public right of way, the necessary sign or signs shall be provided by the City of Fridley, and when on private property, the required signage shall be erected and maintained by the owner at his/her expense. Following installation of fire lane signs, no person shall park a vehicle or otherwise occupy or obstruct a iire lane. 2. Fire Lane Sign Specifications A. Fire lane signs shall have a minimum dimensions of 12" wide by 18" high and sllall contain the legend "NO PARKING - FIRE LANE" in red letters on a white, reflective background. B. Signs shall be posted at each end of the fire lane and every 75 foot interval withni the fire lane. C. Safety islands under 75 feet in length shall have one fire lane sign centered in the island. Safety islands over 75 feet in length shall l�ave signs posted at each end of the island and every 75 foot interval within the fire lane. Safety islands that are odd shaped may require additional signage as approved by the Code Offcial. D. Curbs shall be painted yellow and maintained along fire lanes at mercantile, educational, institutional and coinmercial residential (hotels, motels and apartments) occupancies and in other specific areas as designated by the Code Official. E. Sign posts shall be set back a minimum of 12 inches but not more than 60 inches (five feet) from the curb. F. A Fire Lane, as approved by the Code Official, shall be required in front of every sprinkler system Fire Department connection allowing unobstructed connection of hose(s) for firefighting purposes. 10 Ordinance No. 108.05. FIRE ALARM AND DETECTION SYSTEMS Page 4 Fire alarm and detection systems shall be required in occupancies as specified in the MSFC and this code. All fire alarm and detection systems shall be installed and maintained in accordance with National Fire Protection Association (NFPA) Standard 72, National Fire Alarm Code, 1998 Edition and the MSFC. 1. Local Protective Alarms in Multiple Family Residential Buildings. Group RZ apartment buildings and condominiums located in the City of Fridley having more than four (4) dwelling units and less than seventeen (17) dwelling units or having three (3) stories in height shall be equipped with a local protective system installed and maintained in accordance with National Fire Protectiou Association (NFPA) Standard 72, National Fire Alarm Code, 1998 Edition. 2. Notification Required. Where a fire detection, alarm or extinguishing system required by this Code or the MSFC is out of service for any reason, the fire department shall be notified immediately. Notification of the fire department through its dispatch center, Anoka County Central Communications, shall be construed as proper notification. 108.06. DELIBERATE OR NEGLIGENT BURNING It shall be unlawful for any person to deliberately or through negligence set fire to or cause the burning of combustible material in such a manner as to endanger the safety of persons or property. 108.07. REMOVAL OR TAMPERING WITH EQUIPMENT 1 It shall be unlawful for any unauthorized person to remove, tamper with or otherwise disturb any fire hydrant, sprinkler system Fire Department coruiection, fire detection and alarm system, fire suppression systein, or other fire appliance required by this code or the MSFC. 2. No person shall render a system or device inoperative during an emergency unless by direction of the Fire Chief or fire department official in charge of the incident. 108.08. REMOVAL OF OR TAMPERING WITH APPURTENANCES Locks, gates, doors, barricades, chains, enclosures, signs, tags, notices or seals which have been installed by or at the direction of Code Official shall not be removed, unlocked, destroyed, tampered with or otherwise vandalized m any manner. 108.09. OBSTRUCTION OF EGRESS No person shall physically obstruct or otherwise prevent the use by any other person of an egress device required by this code or the MSFC. 108.10 FIRES OR BARBECUE5 ON BALCONIES OR PATIOS l. Open Flame Prohibited. In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within iifteen (15 ) feet of the structure. 11 Ordinance Na Page 5 2. Fuel Storage Prohibited. No person shall store or use any fuel, barbecue, torch, or other similar device in the locations designated in Section 1. Exception: Listed electric or gas-fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the Code Official. 108.11. FIRE APPARATUS ACCESS ROADS 1. Access and Loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to iire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 50,000 pounds. 2. Turning Radius. The minimum turning radii shall be detennined by the Code O�cial but in no case shall be less than twenty eight (28) feet. 3. Fire Apparatus Road Gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: A. The minimum gate width shall be twenty (20) feet. B. Gates shall be of the swinging or sliding type. C. Construction of gates shall be of materials that allow manual operation by one person. D. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. E. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the Code O�cial. F. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools. G. Locking device specifications shall be submitted for approval by the Code Official. 4. Access Road Remoteness. Where two access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the inaximum overall diagonal diinension of the property or area to be served, measured in a straight line between accesses. 5. Aerial Fire Apparatus Access Roads A. Buildings or portions of buildings or facilities thirty (30) feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accoinmodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. B. Fire apparatus access roads sllall have a minimum unobstructed width of twenty-six (26) feet in the immediate vicinity of any building or portion of building more than thirty (30) feet in height. 12 Ordinance No. Page 6 C. At least one of the required access routes meeting this condition shall be located within a ininimum of fifteen (15) feet and a maximum of thirty (30) feet from the building, and shall be positioned parallel to one entire side of the building. 6. Turnarounds Required. Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions approved by the Code Official. 108.12 VIOLATION PENALTIES. A person who violates a provision of this code shall be guilty of a misdemeanor. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. ATTEST: Debra A. Skogen, City Clerk First Reading: February 9, 2004 Second Reading: Publication: 13 Scott J. Lund, Mayor � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF February 9, 2004 To: William W. Burns, City Manager ,� �/ � �` ,l From: John Berg, Fire Chief Ralph Messer, Fire Marshall Lynne Tellers, Police Captain Date: � February 5, 2004 First Reading of an Ordinance Establishing a New Chapter of the Fridley City Code related to Clandestine Drug Lab and Chemical Dump Sites At the request of Anoka County Health Department officials, the Police and Fire Departments developed an ordinance that would assist agencies in protecting the public from the chemical contamination associated with clandestine drug lab and chemical dump sites. The ordinance also gives local officials the ability to enforce the clean up and costs associated with the clean up of these sites. Staff recommends approval and first reading of the ordinance. 14 ORDINANCE NO. AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE FRIDLEY CITY CODE PERTAINING TO CLANDESTINE DRUG LAB AND CHEMICAL DUMP SITES The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code, be hereby amended and ordains as follows: FRIDLEY CITY CODE CHAPTER 130. CLANDESTINE DRUG LAB AND CHEMICAL DUMP SITES 130.01. General Provisions. 1. Purpose and Intent. The purpose of this Ordinance is to reduce public exposure to health risks where law enforcement officers or fire officials have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dump site may exist. The City Council finds that such sites may contain suspected chemicals and residues that place people, particularly children or adults of child beaxing age, at risk when exposed through inhabiting or visiting the site, now and in the future. Based upon professional reports, assessments, testing and investigations, the City Council finds that such hazardous chemicals can condense, penetrate, and contaminate on the land, surfaces, furnishings, buildings, and equipment in or near structures or other locations where such sites exist. The Council finds that these conditions present health and safety risks to residents, occupants and visitors through fire, explosion, skin and respiratory exposure and related dangers. The Council further finds that such sites present health and safety risks to occupied residences, buildings and structures and to the general housing stock of the community. 2. Interpretation and A�plication. In their interpretation and application, the provisions of this Ordinance shall be construed to protect the public health, safety and welfare. Where the conditions imposed by any provision of this Ordinance are either more or less restrictive than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. Should any court of competent jurisdiction declare any section or subpart of this Ordinance to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the provision declared invalid. 3. Fees. Fees for the administration of this Ordinance may be established and amended periodically by ordinance of the City Council. 4. Definitions. For the purpose of this Ordinance, the following tertns or words shall be interpreted as follows: 15 Ordinance No. Page 3 A. Buildin� Official shall mean the City of Fridley's Chief Building Official or his/her designee. B. Child shall mean any person less than 18 years of age. C. Chemical dumpsite shall mean any place or area where chemicals or other waste materials used in a clandestine drug lab has been located. D. City shall mean the City of Fridley. E. Clandestine drug lab shall mean the unlawful manufacture or attempt to manufacture controlled substances. F. Clandestine drug lab site shall mean any place or area where law enforcement or fire officials have determined that conditions associated with the operation of an - unlawful clandestine drug lab exist. A clandestine drug lab site may include motor vehicles, trailers, boats or other movable property, dwellings, accessory buildings, accessory structures, commercial structures, multi- family structures, a chemical dump site or any land. G. Controlled substance shall mean a drug, substance or immediate precursor in Schedules I through V of Minn. Stat. § 152.02. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. H. Environmental testin� and cleanin� firm or contractor shall mean a business or individual with established competence as designated by the State of Minnesota Department of Health specific to the environmental task being performed. I. Fire Marshal shall mean the City of Fridley's Fire Marshal or his/her designee. J. Hazardous wastes shall mean waste generated, including equipment, from a clandestine drug lab. Such wastes shall be treated, stored, transported or disposed of in a manner consistent with the Minnesota Department of Health, Minnesota Pollution Control, and Anoka County Health Department rules and regulations. K. Manufacture, in places other than a pharmacy, shall mean and include the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of drugs. L. Minnesota Department of Health Quidelines shall mean the most current version of standards or guidelines, including but not limited to "Clandestine Drug Labs General Cleanup Guidelines, as promulgated by the State of Minnesota Department of Health for the testing or remediation of clandestine drug lab or chemical dump sites; and which standards or guidelines are hereby incorporated by reference and made a part of this Ordinance. M. Owner shall inean any person, firm or corporation who owns, in whole or in part, the land, buildings, structures, motor vehicles, trailers, boats or other - movable property associated with a clandestine drug lab site or chemical dumpsite. . N. Public health nuisance. All dwellings, accessory structures and buildings or adjacent property associated with a clandestine drug lab site axe potentially unsafe due to health hazards and are considered a public health nuisance pursuant to Minn. Stat. §463.15, et seq.; § 412.221, et seq.; and 145A.01, et seq. 3 16 Ordinance No. 130.02. Administration. Page 4 1. Law Enforcement or Fire Department Notice to Other Authorities. Law enforcement authorities or Fire Department officials that identify conditions associated with a clandestine drug lab site or chemical dump site that places neighbors, visiting public, or present and future occupants of the site at risk for exposure to harmful contaminants and other associated conditions, must promptly notify the appropriate municipal, child protection, and public health authorities of the property location, property owner if known, and conditions found. 2. Declaration of Property as a Public Health Nuisance. If law enforcement or fire officials determine the existence of a clandestine drug lab site or chemical dumpsite, the property shall be declaxed a public health nuisance. 3. Notice of Public Health Nuisance to Concerned Parties. Upon notification by law enforcement or Fire Department authorities, the Building Official or Fire Marshal shall promptly issue a Declaration of Public Health Nuisance for the affected property and post a copy of the Declaration at all entrances to the dwelling, property or site. The Building OfFicial or Fire Marshal issuing said Declaration shall also notify the owner of the property by mail and notify the following parties: A. Occupants of the property; B. Neighbors at potential risk; C. The Fridley Police Department, Fridley Fire Department, Anoka County Community Health and Environmental Services; and D. Other state and local authorities, such as Minnesota Pollution Control Agency (MPCA) and Minnesota Department of Health, which are known to have public and environmental protection responsibilities that are applicable to the situation. E. The Building Official or Fire Marshal issuing said Declaration may notify any financial institution with an interest of record of the Declaration of Public Health Nuisance and shall notify such financial institution should the property owner fail to arrange for timely and appropriate assessment and clean up. F. The Building Official or Fire Marshal issuing said Declaration may notify the insurance company with a policy known to be applicable to the subject property and shall notify such insurance company should the property owner fail to arrange for timely and appropriate assessment and clean up. G. The Building Official or Fire Marshal issuing said Declaration may cause a certified _ copy of the Declaration of Public Heath Nuisance to be filed with the Office of the Anoka County Recorder or Registrar of Titles. Upon abatement of the nuisance as required herein, the Building Official or Fire Marshal issuing said Declaration shall � cause a notice of successful abatement or removal of Declaration of Public Health Nuisance to be so recorded. 4 17 Ordinance No. Page 5 4. Property Owner's Responsibilitv to Act - Order for Abatement. The Building Official or Fire Marshal shall also issue an order to the owner to abate the public health nuisance, including the following: A. That the owner, tenant, occupants or other persons in possession of the premises shall immediately vacate those portions of the property, including building and structure interiors, or dump site, which may place such persons at risk. No person shall reside in or occupy any premises or property subject to an order for abatement until such time as the Building Official or Fire Marshal has determined that the contamination has been reduced to an acceptable level and that the cleaning was conducted in accordance with Minnesota Department of Health guidelines. B. Promptly contract with appropriate environmental testing and cleaning firins to conduct an on-site assessment, complete clean-up and remediation testing and follow- up testing, and determine that the property risks are sufficiently reduced in accordance with Minnesota Department of Health guidelines. The property owner shall notify the City of actions taken and reach an agreement with the City on the clean-up schedule. The City shall consider practical limitations and the availability of environmental or other contractors in approving the schedule for clean-up. C. Provide written documentation of the clean-up process, including a signed, written statement that the contamination has been reduced to an acceptable level and that the clean-up was conducted in accordance with Minnesota Department of Health guidelines. 5. Property Owner's Responsibility for Costs. The property owner shall be responsible for all costs of assessment, testing, abatement or clean-up of the site, including contractor's fees and public costs for services that were performed in association with a clandestine drug lab site or chemical dump site clean-up. The Building Official or Fire Marshal shall prepare and provide to the property owner a Statement of Itemized Public Costs which shall be due and payable upon receipt. Public costs may include, but are not limited to: 1.) Posting of the site; 2.) Notification of affected parties; 3.) Expenses related to the recovery of costs, including the assessment process; 4.) Laboratory fees; 5.) Clean-up services, including septic systems; 6.) Administrative fees; 7.) Emergency response costs; 8.) Other associated costs; and 9.) Any legal costs including attorney fees related to the nuisance abatement. 5 18 Ordinance No. 6. Recoverv of Public Costs Page 6 A. If, after service of notification of the Declaration of Public Health Nuisance, the property owner fails to arrange appropriate assessment and clean-up, the Building Official or Fire Marshal is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up. B. If the City is unable to locate the property owner within ten (10) days of the Declaration of Public Health Nuisance, the City is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up. C. The City may abate the nuisance by removing the hazardous structure or building, or otherwise, according to Minnesota Statutes Chapter 463. In cases involving motor vehicles, trailers, boats or other movable property, the City may abate the nuisance by disposal of the property. D. If the City abates the public health nuisance, or otherwise incurs public costs, in addition to any other legal remedy, the City shall be entitled to recover all public costs. The City may recover costs by civil action against the person or persons who own the property or by assessing such costs as a special t� against the property in the manner as taxes and special assessments are certified and collected pursuant to Minn. Stat. § 429.101. E. Nothing herein shall limit the authority of the City to enforce this ordinance or seek any other legal remedy to abate the nuisance through declaratory action, injunction, nuisance declaration or otherwise. 7. Authoritv to Modif�or Remove Declaration of Public Health Nuisance. A. The Building Official or Fire Marshal is authorized to modify the Declaration conditions or remove the Declaration of Public Health Nuisance. B. Such modifications or removal of the Declaxation shall only occur after documentation from a qualified environmental or cleaning firm stating that the health and safety risks, including those to neighbors and potential dwelling occupants, are sufficiently abated or corrected in accordance with Minnesota Department of Health guidelines. 130.03. City Council Review. � The owner of the property or any party with a legal interest in the property who has been issued a Declaration of Public Health Nuisance, an Order for Abatement, or a Statement of Public Costs may appeal the Declaration of Public Health Nuisance, the Order for Abatement or the Statement of Public Costs to the City Council. The appeal shall be in writing filed with the City Clerk and Anoka County Communaty Health and Environmental Services, specifying the grounds for the appeal and the relief requested The appeal must be filed within ten days of the � Ordinance No. Page 7 issuance of the item from which appeal is taken. The City Council shall hear the appeal at the next available City Council meeting. Upon review, the City Council may affirm, modify or reverse the action taken. The filing of an appeal shall suspend the terms of the Declaration of Public Health Nuisance, Order for Abatement, or Statement of Public Costs, whichever is applicable. However, in the instance of an appeal from an Order for Abatement, the appeal shall not suspend that part of the order prohibiting occupancy of the property. 130.04. Violations and Penalties. Any person violating any provision of this Article is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minn. Stat. § 609.02, Subd. 3. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2004. ATTEST Debra Skogen, City Clerk First Reading: February 9, 2004 Second Reading: Publication: 7 20 Scott J. Lund, Mayor r � C�TY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 9, 2004 Date: February 3, 2004 n` To: William Burns, City Manager :�r�� SF� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Extension Request, VAR #03-14, Paridon Colstrom M-04-07 INTRODUCTION Paridon Colstrom, property owner of 5750 Madison Street was granted a variance on July 28, 2003 by the City Council, to reduce the rear yard setback on a double frontage lot from 34 feet to 7 feet to recognize an existing non-conformity (existing shed location) at his property. A condition of that variance is to fill in the gap in the screening fence along Jefferson Street using a matching board on board fencing material within 6 months of the approval of the variance. Therefore, the gap in the fence needed to be completed by January 28, 2004. On January 27, 2004, staff received a letter from Mr. Colstrom requesting a 120-day extension to compete the gap in the fence along Jefferson Street. PLANNING STAFF RECOMMNEDATION City Staff recommends approval of the 120-day extension ensuring that the fence is completed by May 27, 2004. If the fence isn't completed by this date, the shed will need to be removed immediately or the City will initiate the abatement process. 21 Jan 27 2004 aerry Colstrom 5750 Madison St Pde 763.571.2170 Attn; StacV Strcmberg I"� Dll'ECt.O?" v* �.00.'° "i ?v'�C�:i'.°i1i. Citv of r ric�ley 6a31 U�?ive�rsity �:ve V� rridley riN 55w�2 763.572.3595 Re; back yarcl fence Honorabl2 �?ayor « coun.cii �e�s��::s I�erry t:0i5tZOfl't Y�CUt:�2Si. a,i ck�SilSiOf1 Of i�v =:ct�,: i.0 fl.?'iiS�1 completing of t��e J2f {ersan sid�. o.� ��e ��:::> �n=u fence as pro;-._srd. cat�ier �o �re ciL ��.:��:l�c___. s n a?? k; n��. � ��' !� �erry Co�stram 22 r. � AGENDA ITEM i`` CITY COUNCIL MEETING OF FEBRUARY 9, 2004 GTY OF FRIDLEY DATE: February 4, 2004 TO: William W. Burns, City Manager t��`��'` �� FROM: Scott J. Hickok, Community Development Director Grant E. Fernelius, Assistant HRA Director SUBJECT: Resolutio n Approving 2004 Community Development Block Grant Application At the last Ciry Council meeting on January 26th, staff discussed a proposal to seek CDBG funds for a series of workshops on affordable and life cycle housing. As part of this process the Housing Chapter of the Comprehensive Plan would be re-evaluated. Based on the favorable reaction of the City Council, staff has prepared a formal resolution for consideration. Recommendation Staff recommends that the City Council approve the attached resolution authorizing an application for the 2004 Community Development Block Grant program. M-04-22 � 23 RESOLUTION NO. ___ - 2004 RESOLUTION AUTHORIZING AN APPLICATION FOR THE 2004 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the City of Fridley, Minnesota (the "City") has identified its housing and community development needs; and WHEREAS, the City believes that those needs can be met by the Community Development Block Grant (the "CDBG Program") that is administered by Anoka County, Minnesota; and WHEREAS, the City has identified a potential project for CDBG funding. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: 1. The City Council approves of the project described in Exhibit A attached to this resolution. 2. The City Council authorizes City staff to prepare an application to Anoka County for said CDBG funds. 3. The City Council authorizes the Mayor and City Manager to execute all documents necessary to secure said CDBG funds. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ,_ DAY O F ---------------- � 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK 24 SCOTT J. LUND - MAYOR EXHIBIT A CITY OF FRIDLEY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Project Summary The City is seeking CDBG funds to pay for a series of workshops to help educate elected officials, commissioners and the general public on issues related to affordable and life cycle housing in Fridley. The workshops will be coordinated by a trained facilitator and include outside experts in the areas of housing, legal and related fields. Staff anticipates that the workshops would be held over a 6 to 9 month period, beginning in late summer of 2004. Although the format has not been finalized, staff envisions that the program will be structured as follows: Workshop #1 This workshop will provide an overview of the topics to be covered and general background on housing issues, including the definitions of life cycle and affordable housing. Other questions to be addressed: What is considered "affordable" housing and what standards are used? Who is in need of affordable housing? What is "life-cycle" housing? How much of Fridley's housing stock is affordable and how does the City compare to other communities? What has happened in the Fridley housing market in the last few years, especially in terms average sales price and rental rates? What are the socio-economic and/or demographics of people moving into Fridley? What is happening to the City's existing population? Workshop #2 This workshop will focus on the legal issues affecting the City, such as its obligations under the Metropolitan Livable Communities Act; the federal Fair Housing Act, and other relevant laws and regulations. Other issues to be addressed: How are these obligations related to other issues, such as transportation or redevelopment funding? What other external constraints impact land use decisions at the local level? 25 Workshop #3 This workshop will highlight the goals outlined in the housing chapter of the comprehensive plan. Are these goals consistent with current and future housing needs? What role should the general public play in assessing housing needs and formulating goals? This workshop will also provide an opportunity to public participation. The end product could possibly include a list of recommendations for Council consideration (e.g. potential amendments to the housing chapter). Workshop #4 This final workshop will include a discussion of the City's role in addressing affordable and life-cycle housing. Should the City take an active role or should it only react to proposals as they are made? How strong of a position should be taken in supporting these issues? Are there any action steps that could be taken by the City? Proposed Budget Sources 2004 CDBG Funds City of Fridley Uses Outside Facilitator Housing Experts Postage & Supplies Contingency 26 $15,000 $15,000 Total = $30,000 $12,000 $10,000 $5,000 $3,000 Total = $30,000 � � C�TY 4F FRIDLEY TO: " FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 9, 2004 William W. Burns, City Manager �� Jon t-I. tlaukaas, Public Works Director Layne Otteson, Asst Public Works Director January 28, 2004 Str-eet Improvement Project i`lo. ST. 2004 � 1 ' � • •�: The attached resolution orders the final plans, specifications and cost estimates for the 1`�orth Park I`leighborhood Street lmprovement Project I`lo. ST. 2004 - 1. Recommend the City Council adopt the resolution to continue with final design of the project LO/Jlifi:cz Attachment 27 RESOZUTION NO. - 2004 A RESOLUTION ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: NORTH PARK NEIGHBORHOOD STREET IMPROVEMENT PROJECT N0. ST. 2004 - 1 WHEREAS, Resolution No. 55 - 2003 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and " WHEREAS, Resolution No. 67 - 2003 received the preliminary report and called for a public hearing on the matter of the construction of certain improvements for this project, and WHEREAS, a public hearing was held on January 26, 2004 regarding this project, and WHEREAS, the City Council has determined a need to reconstruct the streets to maintain them in a safe condition and at a reasonable cost. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Council Resolution 55 -2003 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, storm sewer system, water and sanitary sewer systems, landscaping and other facilities. 2. That the following work be incorporated in the 2004 street improvement project as ST. 2004 - 1. 3. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 4. That the Director of Public Works, Jon H. Haukaas, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications and estimates of costs thereof for the making of such improvements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF FEBRUARY, 2004. Attested: DEBRA A. SKOGEN - CITY CLERK r: SCOTT J. LUND - MAYOR � � � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF FE�RUARY 9, 2004 William W. Burns, City Manager �,� �r�� Jon ti. tiauka s, Pubiic Works Director Layne Otteson, Asst Public Works Director c,� � �� January 28, 2004 Street Improvement Project l`lo. ST. 2004 - 1 PW04-009 The attached resolution approves the final plans and specifications and authorizes the advertisement of bids for the I`lorth Park I`leighborhood Street Improvement Project I`lo. ST. 2004� - 1. Recommend the City Council adopt the attached resolution to proceed with the project and to expedite the construction process. LO/Jliti:cz Attachment � 29 RESOLUTION NO. - 2004 RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: NORTH PARK NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2004 - 1 WHEREAS, Resolution No. 55 - 2003 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, Resolution No. 67 - 2003 received the preliminary engineering report and set a public hearing for the improvements in this project, and WHEREAS, a public hearing was held on January 26, 2004 regarding this project, and WHEREAS, Resolution No. - 2004 ordered final plans and estimates of costs for this project. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: l. That the following improvements proposed by Council Resolution No. 55 - 2003 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, storm sewer system, water and sanitary sewer services, landscaping, and other facilities located as follows: Lynde Drive Regis Terrace Regis Trail Polk Street to Regis Drive Regis Drive to Regis Trail Regis Lane north thru cul-de-sac In addition, the following streets outside this neighborhood shall be constructed: University Ave East Service Dr 615t Ave to Mississippi Street That the work involved in said improvements listed above shall hereafter be designated as: NORTH PARK NEIGHBORHOOD STREET IMPROVEMENT PROJECT N0. ST. 2004 - 1. 30 � 0 Resolution No. - 2004 Page 2 2. The plans and specifications prepared by the Public Works Department for such improvements and each of them pursuant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are _ hereby approved and shall be filed with City Clerk. The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state the bids will be opened and considered in the Council Chambers of the Fridley Municipal Center and that no bids will be considered unless sealed and filed with the Director of Public Works and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (50) of the amount of such bid. That the advertisement for bids for North Park Neighborhood Street Improvement Project No. ST. 2004 - 1 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9tn DAY OF FEBRUARY 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 31 r � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRtJARY 9, 2004 TO: William W. Burns, City Manager FROM: Jon li. liauk� aas, Public Works Director Layne Otteson, Assistant Public Works Director � DATE: SUBJECT: January 28, 2004 Resolution for Use of MSAS Funds PW04�010 ln order to be eligible to use our Municipal State Aid System funds on our neighborhood streets, MI`1 rules 8820.1800 requires the City Council request this use by resolution. The attached resolution requests disbursement of the City"s population portion of the Municipal State Aid System construction funds for the proposed f`iorth Park I`�eighborhood Street lmprovement Project I`io. ST. 2004 � l. Recommend the City Council adopt the attached resolution for submittal to the State Aid Office. LO/JIitl:cz Attachment 32 � � RESOLUTION NO. - 2004 RESOLUTION REQUESTING Nf[JNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL USE WHEREAS the City of Fridley receives Municipal State Aid System (MSAS) funds for construction and maintaining 20% of its City streets, and WHEREAS 23.17 MSAS miles are currently authorized and have been improved to State Aid standards and are in an adequate condition that they do not have needs other than additional surfacing, and wHEREAS the City currently has 92.7 miles of local streets that require maintenance and upgrade, and WHEREAS it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS it is proposed to systematically install concrete curb and gutters and storm sewer system for improved surface water drainage and additional strength to the streets for traffic survivability, and WHEREAS it is proposed to use a portion of the City's population allocation funds to upgrade local streets, towit: Lynde Drive, Regis Trail, Regis Terrace, and University Avenue East Service Drive, and WHEREAS the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS the City indemnifies saves and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS the final approval of the State Aid for Local Transportation Division is therefore required. NOW THEREFORE BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, requests the release of MSAS funds for the upgrade and reconstruction of City municipal streets, towit: Lynde Drive, Regis Trail, Regis Terrace, and University Avenue East Service Drive, identified as City Project No. ST. 2004 - 1. PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9H DAY FEBRUARY 2004. ATTESTED: DEBRA A. SKOGEN - CITY CLERK 33 SCOTT J. LUND - MAYOR r � CffY OF FRIDLEY � � 1 .. . _. ' ' . = . �.�; • ,; . • . : , TO: Wi(liam W. �urns, City Manager FROM: Jon ti. aukaas, Public Works Director Layne Otteson, Asst Public Works Director � DATE: SUBJECT: January 28, 2004 Miscellaneous Concrete Repair Project 1`l0. 355 PW04�-011 Attached is a resolution ordering advertisement for bids for the 2004 Miscellaneous Concrete Repair Project I`lo. 355. This resolution is provided for execution by the City as rriandated by State law. This project covers remedial sidewalk, pavement and curb repair and replacement in the City whether due to utility repairs or driveway entrance permit5. Recommend the City Council adopt the attached resolution ordering advertisement for bid for the 2004� Miscellaneous Concrete Repair Project l`lo. 355. JiiFi:cz Attachment 34 � � RESOLUTION NO. - 2004 RESOLUTION ORDERING ADVERTISEMENT FOR BIDS: 2004 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 355 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the following improvements proposed by Council Resolutions are hereby ordered to be effected and completed as required: Miscellaneous Concrete Repair. 2. The plans and specifications prepared by the Director of Public Works for such improvements are hereby approved and shall be filed with the City Clerk. The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisements hall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that the bids will be opened and considered at 10:00 AM WEDNESDAY, March 17, 2004, and that no bids will be considered unless sealed and filed with the Director of Public Works. That the advertisement for bids for 2004 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 355 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF FEBRUARY 2004. ATTEST: DEBRA A. SKOGEN, CITY CLERK 35 SCOTT J. LUND, MAYOR � AGENDA ITEM � COUNCIL MEETING OF FEBRUARY 9, 2004 CffY OF FRIDLEY CLAIMS 115146-115319 36 .. � � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 9, 2004 LICENSES Type of License TOBACCO River Boat Food & Fuel 7883 East River Rd NE Fridley, MN 55432 FOOD River Boat Food & Fuel 7883 East River Rd NE Fridley, MN 55432 � Mohamed-said Zaro Mohamed-said Zaro RETAIL GASOLINE River Boat Food & Fuel Mohamed-said Zaro 7883 East River Rd NE Fridley, MN 55432 TEMPORARY GAMBLING Woodcrest Elementary PTA Jodi Lichtsinn 880 Osborne Rd NE Fridley, MN 55432 37 Approved By• Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety City Clerk Fees: $125 $45 $60 waived i �� City of Fridley AGENDA ITEM City Council Meeting Of Monday, February 09, 2004 � Gas Services Pride Heating 8� Air Conditioning Inc 22713 Buchanan St NE Dawn McFarland East Bethel MN 55005- General Contractor-Commercial Advanced Packaging S� Plastic Inc 7177 W Commerce Cir NE Steve Laing Fridley MN 55432- General Contractor-Residential Landa Construction Inc (8013) 2108 S Ham Lake Dr Harris Jones Ham Lake MN 55304- Precision Home Improvement Inc (20318466) 2224 E 117 St Michael Wanous Burnsville MN 55337- Professional Touch Painting 8� Remodeling (4648) 3931 172 Lane Ron Picotte Andover MN 55304- Heatin Pride Heating & Air Conditioning Inc 22713 Buchanan St NE Dawn McFarland East Bethel MN 55005- Plumbinq Commercial Plumbing 8� Heating Inc 24428 Greenway Ave Robert Skeie Forest Lake MN 55025- : Approved BY: Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN Ron Julkowski Building Official State of MN � Approved Bv: Siqn Erector Signcrafters Outdoor Display 7775 Main St NE Ron Julkowski Fridley MN 55432- Building Official 39 � AGENDA ITEM �` CITY COUNCIL MEETING OF FEBRUARY 9, 2004 aTti` oF ESTI MATES FRIDLEY Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374-9461 2003 Street Reconstruction: Marian Hills Project No. ST. 2003 - 1 EstimateNo. 7 ....................................................................................... $ 3,000.00 40 f � CffY OF FRIDLEY �� From: Re: Date: AGENDA ITEM CITY COUNCIL MEETING OF February 9, 2004 William W. Burns, City Manager ��NC�;�E'" Richard D. Pribyl, Finance Director � Debra A. Skogen, City Clerk Public Hearing for Sandee's of Fridley LLC dba Sandee's Cafe, located at 6490 Central Avenue, Fridley, MN 55432 (Formerly Sandee's Restaurant) Applicant: David William Reimer, President Town Center Development LLC 13750 Reimer Drive Maple Grove, MN 55311 February 4, 2004 David William Reimer, President of Town Center Development LLC, has applied for an intoxicating liquor license for Sandee's of Fridley, LLC., dba Sandee's Cafe, located at 6490 Central Avenue NE, Fridley, Minnesota, 55432, formerly known as Sandee's Restaurant Section 603 of the Fridley City Code requires that a public hearing be held to consider the approval of an Intoxicating Liquor License. The City Code also requires that the license can not be approved during the same meeting. The Notice of Public Hearing, Attachment A, was published in the Fridley Sun Focus on February 5, 2004, and mailed to Mr. Reimer February 2, 2004. The Police Department has conducted a background investigation and has found no reason to deny the application at this time. The final approval of the license will be scheduled for February 23, 2004. Staff recommends holding a public hearing for an intoxicating liquor license. 41 Attachment A CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL (Legal Notice) Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on Monday, February 9, 2004, at 7:30 p.m. on the question of issuing an on-sale Intoxicating Liquor License to at Da�id W. Reimer of Sandee's of Fridley, L.L.C. d!b/a Sandee's Cafe located at 6490 Central Avenue NE, Fridley, Minnesota. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than February 4, 2004 Anyone having an interest in this matter should make their interest known at this public hearing. /s/ Debra A. Skogen, City Clerk Published: February 5, 2004 in the Fridley SunFocus C�► � � CffY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF February 9, 2004 William W. Burns, City Manager ��;� �� John Berg, Fire Chief Richard D. Pribyl, Finance Director February 5, 2004 First Reading of an Ordinance Establishing a New Chapter of the Fridley City Code Related to Setting Administrative Charges for Emergency Response Calls During the discussion of the fee study this past year and with the cuts in Local Government Aid, it became apparent that cities had the ability of charging for emergency services under Minnesota Statutes 415.01, pertaining to town laws. New legislation, effective August l, 2003, gave cities express authority to charge for emergency services if they adopted an ordinance authorizing the manner and amount of charging for those services under the same state laws that towns are authorized to use. The new legislation does not establish any limit on what cities can charge; however, charges for emergency services should be reasonably related to the city's cost of providing the service. At this time the Fire Department is proposing to establish user service fees for emergency response calls for vehicle accidents and vehicle fires. The proposed fees are similar to fees charged by the Spring Lake Park, Blaine, Moundsview Fire Department and Edina Fire Department. Similar fees are being proposed by other fire departments in the Metro including the St. Louis Park and Brooklyn Park Fire Departments. The Incident Invoice Schedule is similar to other Metro fire departments and the DNR schedule. Staff recommends approval and first reading of the ordinance. 43 ORDINANCE NO. AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE FRIDLEY CITY CODE SETTING SERVICE CHARGES FOR EMERGENCY RESPONSE CALLS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code, be hereby amended and ordains as follows: FRIDLEY CITY CODE CHAPTER 131. FIRE DEPARTMENT SERVICE CHARGES . 131.01 PURPOSE AND INTENT The purpose of this ordinance is to establish user service charges for Fire Department services as described in this ordinance. 131.02 Definitions The following terms shall apply in the interpretation and application of this chapter: 1. "Motor vehicle" means any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a self-propelled vehicle. This includes semi trailers. It does not include snowmobiles, manufactured homes, all terrain vehicles or park trailers. 2. "Motor Vehicle Owner" means any person, firm, association, or corporation owning or renting a motor vehicle, or having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days. � 3. "Excavator" means a person who conducts excavation. 4. "Underground Pipeline Utility" means an underground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute gas, oil, petroleum products, and other similar substances. 5. "Person" means the state, a public agency, a local governmental unit, an individual, corporation, partnership, association, or other business or public entity or a trustee, receiver, assignee, or personal representative of any of them. _ 131.03 CONFLICTS In the event of any conflict between the provisions of this Code adopted by the provisions of this Chapter and applicable provisions of State law, rules or regulations, the latter shall prevail. 44 Ordinance No. 131.04 EMERGENCY RESPONSE SERVICE CHARGES 1. The collection service charges shall be as authorized in Minnesota Statute 366.011. Page 3 2. Collection of unpaid service charges shallbe as authorized in Minnesota Statute 366.012. 3. The service charges shall be as follows: A. Vehicle Accident - 1) Any incident response to an accident involving a motor vehicle where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the patients. This would include but not be limited to: • Extrication • Medical Care • Absorbing Liquid Spills • Vehicle System Safety • Vehicle Stabilization 2) An invoice for $400 will be sent to the motor vehicle owner's insurance company or, in the event the owner cannot provide insurance information, to the motor vehicle owner. 3) If there is more than one motor vehicle involved in the accident each motor vehicle insurer or owner will be invoiced an equal share of the $400 service charge. B. Vehicle Fire 1.) Any incident response to a vehicle fire for the purpose of extinguishing a fire or fire investigation. This does not include responses to steam mistaken for smoke or other responses to a reported vehicle fire where no fire is found. 2.) An invoice for $400 will be sent to the motor vehicle owner's insurance company or, in the event the owner cannot provide insurance information, to the motor vehicle owner. - C. Fires Along a Railroad Right of Way or Operating Property 1.) Any incident response to a fire or fire hazard emergency caused by a railroad locomotive, rolling stock, or employees on a railroad right-of-way or operating property as defined in Minnesota Statute 219.761. 2.) An invoice will be sent to the railroad responsible for the railroad right-of- way or operating property. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. 45 Ordinance No. Page 4 D. Grass Fires Within Trunk Highway Right-of-way 1) Any incident response to a grass fire within the right-of-way of a trunk highway or outside of the right-of way of a trunk highway if the fire originated within the right-of-way of a trunk highway as defined in Minnesota Statute 161.465. 2) An invoice will be sent to the commissioner of transportation. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. E. Technical Rescue 1) Any incident response to a rescue on the water, ice, confined space, trench, high or low level where specialized equipment and training are required and where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the persons in need of rescue. 2) An invoice will be sent to the persons, corporation or business owner receiving rescue service. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. F. Underground Pipeline Utility Breaks 1) Any incident response to an underground pipeline utility break if caused by an excavator or person other than a homeowner or resident. 2) An invoice will be sent to the excavator or person responsible for the pipeline utility break. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. G. Hazardous Material 1. Any incident response to the release of hazardous material from it's container, or the threat of a release of a hazardous material from it's container, chemical reaction, or other potential emergency as the result of a hazardous material where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions or protect the public. _ 2. An invoice will be sent to the person responsible for the hazardous material or transportation of the hazardous material. The invoice amount " will follow the Incident Invoice Schedule based on the number of hours on the incident, specialized equipment and materials used on the incident. 46 Ordinance No. Page 5 H. Fire as the Result of Negligence 1) Any incident response to a fire that resulted from an act of negligence as defined in City Ordinance Chapter 108.06. Examples of this would include but not be limited to methamphetamine labs, commercial and industrial operations where hot work is performed and reasonable care is not exercised, and burning of debris by contractors or homeowners that results in subsequent iires to wild land or structures. 2) An invoice will be sent to the person responsible for the negligent fire. The invoice amount will follow the Incident Invoice Schedule based on the number of hours on the incident. Arson Fire — Any incident response to a fire where a person is charged under the arson statutes. The fire investigator responsible for the incident investigation will forward all costs encumbered by the Fire Department in association with the incident to the court for reimbursement through restitution. 131.05 INCIDENT INVOICE SCHEDULE Engine Crew of 4 $400 er hour Ladder Truck Crew of 4 $500 per hour Grass Truck Crew of 4 $150 per hour Rescue Truck Crew of 2 $100 per hour Fire Fighter One Current hourly rate Fire Officer One Current hourly rate PASSED AND ADOPTED BY THE FRIDLEY CITY COUNCIL THIS DAY OF 2004. ATTEST: Debra A. Skogen, City Clerk First Reading: February 9, 2004 Second Reading: Publication: 47 Scott J. Lund, Mayor � � CfTY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF February 9, 2004 William W. Burns, City Managery 1,�,� �� David Sallman, Police Chief Lynne Tellers, Police Captain February 5, 2004 First Reading of an Ordinance Adding a New Chapter to the Fridley City Code Pertaining to Ultimate Wrestling In the past year the Fridley Police Department has been asked on several occasions, to provide traffic control and crowd control for events deemed to be "Toughman" or "Ultimate Fighting" contests. Several contests were held at "Spikers" now the Minnesota Sports Cafe and Main Event. Both establishments operate with food and liquor licenses. A citizen complained about the inappropriateness of these events in licensed liquor establishments. We have received several emails/letters from people asking why we (the City) permit these events to exist. As a result of the letters we placed the question on the Council/Commission Survey in 2003. The response was strongly in favor of regulating these types of events. This ordinance is in response to the survey results. Ultimate Fighting began in the late 1970s. Many times there are no rules, no controls, no referees, no physicals, no weight limits, beginners against experienced, and no doctors. According to a press release dated January 27, 2004 from the Illinois Department of Professional Regulation, at least 12 people have died after participating in Toughman Contests around the country. There are currently 14 states that ban or severely restrict these types of competitions. This ordinance models one from West St. Paul, which is similar to others from around the country. It prohibits "Ultimate Fighting" and regulates "Ultimate Wrestling". Ultimate Wrestling differs from Ultimate Fighting in that punches and kicks are not allowed nor are life threatening holds or blows. Staff recommends approval and first reading of the ordinance. �• - , , ,, Paga 1 of 1 . Collins, Roberta From: Saliman, Dave Sent: Friday, February 06, 2004 10:08 AM To: Burns, Bili; Collins, Roberta Subject: FW: ORDINANCE NO This is an email from a Mike Reilly conceming the proposed Ulitimate Wrestling Ordinance. Due to timing we were unable to conside� incorporation into the ordinance. It would probably be appropriate to include with the Council Packet relative to this issue and we can discuss it on Monday night. We did not receive this until this morning. Thanks. [Sallman, Dave] -----Original Message----- From: Tellers, Lynne Sent: Friday, February 06, 2004 8:53 AM To: Sallman, Dave Subject: FW: ORDINANCE NO -----Original Message----- From: Mike Reilly [mailto:reilly@icc.tv] Sent: Thursday, February 05, 2004 4:48 PM To: Tellers, Lynne Cc: sullmand@ci.fridley.mn.us Subject: Re: ORDINANCE NO � From International Cage Combat 3/12/2004 � Hello I have taken a careful read of the ordinance. I have to say it has greatly relieved my fears. This is pretty well thought out and to be honest something that International Cage Combat would applaud with only a few minor changes. Before I get started here however I would like to volunteer my time and experience in this area to the City of Fridley to help write the best possible ordinance. While the structure here is very sound some things included are confusing and could possibly weaken the tone of the ordinance. For Example; Ultimate Wrestling, like Ultimate Fighting Championships, Shooto, Extreme Challenge, International Cage Combat is a brand name. It is not the name of the sport in general. Like with brand names that become synonymous with a product everyone knows what you are talking about; but there is an inexactitude of language here that I do not think fits with writing law. The Sport in question is Mixed Martial Arts. You should replace the Term Ultimate Wrestling with Mixed Martial Arts. Like wise replace the term "Combative Sports" which refers to an entire family of sports and Ultimate Fighting (Name Brand) with "No Holds Barred." No Holds Barred is of course as clear as it gets. I have not heard of any NHB events held in the US in nearly 10 years. Here is the Nevada State Athletic Commission definition of Mixed Martial Arts. NAC 467.00285 "Mized martial arts" defined. (NRS 467.030) "Mixed martial arts" means unarmed combat involving the use, subject to any applicable limitations set forth in this chapter, of a combination of techniques from different disciplines of the martial arts, including, without limitation, grappling, kicking and striking. (Added to NAC by Athletic Comm'n by R070-01, eff. 8-31-2001) The NAC lays out the following rules governing MMA events: MIXED MARTIAL ARTS CONTESTS AND EXHIBITIONS NAC 467.795 Conduct of contests and exhibitions; applicability of provisions. (NRS 467.030) 1. All contests and e�ibitions of mixed martial arts must be conducted under the supervision and authority of the commission. 2. Except as otherwise provided by specific statute or regulation, the provisions of this chapter and chapter 467 of NRS apply to a contest or e�ibition of mixed martial arts. (Added to NAC by Athletic Comm'n by R070-01, eff. 8-31-2001) NAC 467.7952 Requirements for ring or fenced area; use of video screens. (NRS 467.030) 1. Mixed martial arts contests and exhibitions may be held in a ring or in a fenced area. 2. A ring used for a contest or exhibition of mixed martial arts must meet the following requirements: (a) The ring must be no smaller than 20 feet square and no larger than 32 feet square within the ropes. (b) The ring floor must extend at least 18 inches beyond the ropes. The ring floor must be padded with ensolite or another similar closed-cell foam, with at least a 1-inch layer of foam padding. Padding must extend beyond the ring ropes and over the edge of the platform, with a top covering of canvas, duck or similaz material tightly stretched and laced to the ring platform. Material that tends to gather in lumps or ridges must not be used. (c) The ring platform must not be more than 4 feet above the floor of the building and must have suitable steps for the use of the unarmed combatants. (d) Ring posts must be made of inetal, not more than 3 inches in diameter, extending from the floor of the building to a minimum height of 58 inches above the ring floor, and must be properly padded in a manner approved by the commission. Ring posts must be at least 18 inches away from the ring ropes. (e) There must be five ring ropes, not less than 1 inch in diameter and wrapped in soft material. The lowest ring rope must be 12 inches above the ring floor. (� There must not be any obstruction or object, including, without limitation, a triangular border, on any part of the ring floor. 3. A fenced area used in a contest or exhibition of mixed martial arts must meet the following requirements: (a) The fenced area must be circulaz or have at least eight equal sides and must be no smaller than 20 feet wide and no larger than 32 feet wide. (b) The floor of the fenced area must be padded with ensolite or another similar closed-cell foam, with at least a 1-inch layer of foam padding, with a top covering of canvas, duck or similar material tightly stretched and laced to the platform of the fenced area. Material that tends to gather in lumps or ridges must not be used. (c) The platform of the fenced area must not be more than 4 feet above the floor of the building and must have suitable steps for the use of the unarmed combatants. (d) Fence posts must be made of inetal, not more than 6 inches in diameter, extending from the floor of the building to between 5 and 7 feet above the floor of the fenced area, and must be properly padded in a manner approved by the commission. (e) The fencing used to enclose the fenced area must be made of a material that will prevent an unarmed combatant from falling out of the fenced area or breaking through the fenced area onto the floor of the building or onto the spectators, including, without limitation, chain link fence coated with vinyl. (� Any metal portion of the fenced area must be covered and padded in a manner approved by the commission and must not be abrasive to the unarmed combatants. (g) The fenced area must have two entrances. (h) There must not be any obstruction on any part of the fence surrounding the area in which the unarmed combatants are to be competing. 4. The promoter of a program of unarmed combat that consists of contests or exhibitions of mixed martial arts shall hang at least two video screens which meet the approval of the commission or its executive director and which allow patrons to view the action inside the ring or fenced area. (Added to NAC by Athletic Comm'n by R070-01, eff. 8-31-2001) NAC 467.7954 Duration. (NRS 467.030) Except with the approval of the commission or its executive director: 1. A nonchampionship contest or e�chibition of mixed martial arts must not exceed three rounds in duration. 2. A championship contest of mixed martial arts must be five rounds in duration. 3. A period of unarmed combat in a contest or exhibition of mixed martial arts must be 5 minutes in duration. A period of rest following a period of unarmed combat in a contest or exhibition of mixed martial arts must be 1 minute in duration. (Added to NAC by Athletic Comm'n by R070-01, eff. 8-31-2001) NAC 467.7956 Weight classes of unarmed combatants; weight loss after weigh-in. (NRS 467.030) 1. Except with the approval of the comYnission or its executive director, the classes for unarmed combatants competing in contests or exhibitions of mixed martial arts and the weights for each class are shown in the following schedule: Flyweight............................................................................................. up to 125 lbs. Bantamweight ............................................................................ over 125 to 135 lbs. Featherweight ............................................................................ over 135 to 1451bs. Lightweight ................................................................................ over 145 to 155 lbs. Welterweight............................................................................. over 155 to 170 lbs. Middleweight............................................................................. over 170 to 1851bs. Light Heavyweight ..................................................................... over 185 to 205 lbs. Heavyweight.............................................................................. over 205 to 265 lbs. Super Heavyweight .......................................................................... all over 265 lbs. 2. After the weigh-in of an unarmed combatant competing in a contest or e�ibition of mixed martial arts: (a) Weight loss in excess of 2 pounds is not permitted for an unarmed combatant who weighed in at 145 pounds or less. (b) Weight loss in excess of 3 pounds is not permitted for an unarmed combatant who weighed in at over 145 pounds. 3. The weight loss described in subsection 2 must not occur later than 2 hours after the initial weigh-in. (Added to NAC by Athletic Comm'n by R070-01, eff. 8-31-2001) NAC 467.7958 Proper attire for unarmed combatants. (NRS 467.030) An unarmed combatant competing in a contest or exhibition of mixed martial arts: 1. Must wear shorts approved by the commission or the commission's representative. 2. May not wear shoes or any padding on his feet during the contest. (Added to NAC by Athletic Comm'n by R070-01, eff. 8-31-2001) NAC 467.796 Method of judging. (NRS 467.030) Y 1. Each judge shall score the co following system: (a) The better of a contest or exhibition of mixed martial arts that is being judged itest or exhibition and determine the winner through the use of the unarmed combatant of a round receives 10 points and his opponent proportionately less. (b) If the round is even, each unarmed combatant receives 10 points. (c) No fraction of points may be given. (d) Points for each round must be awarded immediately after the end of the period of unarmed combat in the round. 2. After the end of the contest or exhibition, the announcer shall pick up the scores of the judges from the commission's desk. 3. The majority opinion is conclusive and, if there is no majority, the decision is a draw. 4. When the commission's representative has checked the scores, he shall inform the announcer of the decision. The announcer shall inform the audience of the decision over the speaker system. (Added to NAC by Athletic Comm'n by R070-01, eff. 8-31-2001) NAC 467.7962 Acts constituting fouls. (NRS 467.030) The following acts constitute fouls in a contest or e�ibition of mixed martial arts: 1. Butting with the head. 2. Eye gouging of any kind. 3. Biting. 4. 5. 6. 7. 9. 10 11 12 13 14 15 16 17 18 19 20 21 Hair pulling. Fishhooking. Groin attacks of any kind. Putting a finger into any orifice or into any cut or laceration on an opponent. Small joint manipulation. Striking to the spine or the back of the head. . Striking downward using the point of the elbow. . Throat strikes of any kind, including, without limitation, grabbing the trachea. . Clawing, pinching or twisting the flesh. . Grabbing the clavicle. . Kicking the head of a grounded opponent. . Kneeing the head of a grounded opponent. . Stomping a grounded opponent. . Kicking to the kidney with the heel. . Spiking an opponent to the canvas on his head or neck. . Throwing an opponent out of the ring or fenced area. . Holding the shorts or gloves of an opponent. . Spitting at an opponent. 22. Engaging in any unsportsmanlike conduct that causes an injury to an opponent. 23. Holding the ropes or the fence. 24. Using abusive language in the ring or fenced area. 25. Attacking an opponent on or during the break. 26. Attacking an opponent who is under the care of the referee. 27. Attacking an opponent after the bell has sounded the end of the period of unanned combat. 28. Flagrantly disregarding the instructions of the referee. 29. Timidity, including, without limitation, avoiding contact with an opponent, intentionally or consistently dropping the mouthpiece or faking an injury. 30. Interference by the corner. 31. Throwing in the towel during competition. (Added to NAC by Athletic Comm'n by R070-01, eff. 8-31-2001) NAC 467.7964 Fouls: Deduction of points; effect of low blow. (NRS 467.030) 1. If an unarmed combatant fouls his opponent during a contest or exhibition of mixed martial arts, the referee may penalize him by deducting points from his score, whether or not the foul was intentional. Except as otherwise provided in subsection 2 of NAC 467.698, the referee may determine the number of points to be deducted in each instance and shall base his determination on the severity of the foul and its effect upon the opponent. 2. When the referee determines that it is necessary to deduct a point or points because of a foul, he shall warn the offender of the penalty to be assessed. 3. The referee shall, as soon as is practical after the foul, notify the judges and both unarmed combatants of the number of points, if any, to be deducted from the score of the offender. 4. Any point or points to be deducted for any foul must be deducted in the round in which the foul occurred and may not be deducted from the score of any subsequent round. 5. An unarmed combatant may not be declaxed the winner of a contest or exhibition of mixed martial arts on the basis of his claim that his opponent fouled him by hitting him in the groin. If an unaxmed combatant falls to the floor of the ring or fenced area or otherwise indicates that he is unwilling to continue because of a claim of being hit in the groin, the contest or exhibition must be declared to be a technica.l knockout in favor of the unarmed combatant who is willing to continue. (Added to NAC by Athletic Comm'n by R070-01, eff. 8-31-2001) NAC 467.7966 Fouls: Accidental. (NRS 467.030) 1. If a contest or exhibition of mixed martial arts is stopped because of an accidental foul, the referee shall determine whether the unarmed combatant who has been fouled can continue or not. If the unarmed combatant's chance of winning has not been seriously jeopardized as a result of the foul and if the foul did not involve a concussive impact to the head of the unarmed combatant who has been fouled, the referee may order the contest or e�ibition continued after a recuperative interval of not more than 5 minutes. Immediately after separating the unarmed combatants, the referee shall inform the commission's representative of his determination that the foul was accidental. 2. If the referee determines that a contest or exhibition of mixed martial arts may not continue because of an injury suffered as the result of an accidental foul, the contest or exhibition must be declared a no contest if the foul occurs during: (a) The first two rounds of a nonchampionship contest or exhibition; or (b) The first three rounds of a championship contest or exhibition. 3. If an accidental foul renders an unarmed combatant unable to continue the contest or exhibition after: (a) The completed second round of a nonchampionship contest or e�iibition; or (b) The completed third round of a championship contest or exhibition, the outcome must be determined by scoring the completed rounds and the round during which the referee stops the contest or exhibition. 4. If an injury inflicted by an accidental foul later becomes aggravated by fair blows and the referee orders the contest or exhibition stopped because of the injury, the outcome must be determined by scoring the completed rounds and the round during which the referee stops the contest or e�ibition. (Added to NAC by Athletic Comm'n by R070-01, ef£ 8-31-2001) NAC 467.7968 Results of contests. (NRS 467.030) A contest of mixed martial arts may end under the following results: 1. Submission by: (a) Physical tap out. (b) Verbal tap out. 2. Technical knockout by the referee stopping the contest. 3. Decision via the scorecards, including: (a) Unanimous decision. (b) Split decision. (c) Majority decision. (d) Draw, including: (1) Unanimous draw. (2) Maj ority draw. (3) Split draw. 4. Technical decision. 5. Technical draw. 6. Disqua.lification. 7. Forfeit. 8. No contest. (Added to NAC by Athletic Comm'n by R070-01, eff. 8-31-2001) *************************************************** The Commission beyond these rules also governs things like fighter contracts, secured purses, medicals and so on. Many of the rules and enforcement provided by the NSC exceed what makes sense for city oversight. To be honest much of what the commission has in place is excessive period. However there is nothing in the above that we would object to in any way. We would also applaud the active role in an oversight body to do things like ensure fight purses are paid; match ups are fair and promoters treat fighters and fans in a fair and equitable manner. The Mission Statement of International Cage Combat is as follows: "The mission of the ICC is to create a show worthy of fighters. A show that would demonstratively express the respect the fighters deserve. We will elevate fighters to the level of professional athlete and thus elevate the sport as a whole. ICC will set the standards for our sport. We will lead the way. Our mission is to create a promotion fighters want to fight for, that fans are proud to cheer for and that sponsors are proud to support." In our event we use a 28x28 foot cage. While the cage has a more dramatic effect and often leads people into believing they are seeing a more dangerous type of fighting, the cage is far safer then a ring. • All fighters must comply with any and all directions of the referee and/or the doctors. • Victory in a bout is secured as follows: i. By submission, where the competitor verbally signals defeat or by "Tapping" the mat of the ring or their opponent indicating submission; ii. The competitor's corner man throws a towel into the ring, thereby surrendering on behalf of the com petitor; iii. By decision of the referee (whose determination shall be exercised in the referee's sole and absolute discretion, and shall be final and binding on all competitors and if the referee stops the fight it must be totally conclusive); iv. By the ringside Medical Staff's intervention (who may intervene in his sole and absolute discretion and whose determination shall be final and binding). v. Knock out, stunning blow or positional disadvantage that prevents a fighter from intelligently defending one self. vi. Disqualification. A fighter will be disqualified for a violation of any rule that nets an advantage for that fighter. Or any violation of the rules following a warning even if the infraction has no effect on the outcome of the match. If the competitor utilizes any dangerous or injurious prohibited techniques during the competition at any stage, which is deemed intentional by the referee the competitor shall be instantly disqualified • Soft leather athletic footwear may be worn; however no kicking will be allowed if the fighter is wearing any type of foofinrear. • The competitor must wear a mouth guard, groin cup, and gloves at all times. • The following tactics and techniques are expressly forbidden by International Cage Combat and their use during a match is cause for automatic disqualification and other possible sanction by International Cage Combat Officials: • No Biting. • No Eye-Gouging. • No Head-Butting. • No Fish-Hooking. • No Kicking to the head while either opponent is down. This includes and opponent being on one knee. • No Strikes allowed to the neck or back of the head. • No Small Joint Manipulation (twisting fingers, etc.). • No Groin or Kidney strikes. • No Attacks to the spine. • No Attacks to the front of the throat including gouging, pinching or strikes. • No attacks with the point of the elbow. • No backward elbow strikes. Forearm strikes are allowed. • No holding the cage to gain an advantage. • No mocking, disparaging or other disrespectful behavior, gestures or words towards an opponent, fans or International Cage Combat officials will be tolerated . One thing that is stated here quickly but that I feel should be expanded on is the line "intelligently defending one self." We spend a lot of time on this in fighters meeting and make this very clear. Even if a fighter is not being injured; the fight can be stopped if a fight is not intelligently defending himself. For example; a fighter gets caught on his belly with an opponent on top of them throwing punches. Bottom man is in what would be considered an endangered position. An intelligent defense is one that markedly improved their position. Laying there with your hands thrown over your head hoping your opponent will get tired is not an intelligent defense. The only provision to the ordnance we should strongly object to is section 4 which states: Li uc�r. :�€� �ac�ryo�� sta��] �iti°e, l�olri, €:€�a�cluct c�r perrr��t ar�� .;Itim�te �'�esf;ling e.��i��i#�c�� t�erc� iic�c��r ��°all l�e servec� €�r e��y��ed. Since alcohol is served during most other sporting event and nearly all other forms of entertainment including boxing, pro wrestling and so on it seems arbitrary and capricious to ban the sale of liquor during a mized martial arts events. Certainly no competitor, official or anyone involved with the promotion in any way should be allowed to be under the influence of any drugs or alcohol; but to deny fans the opportunity to have a beer during the show just seems silly. All other rules governing the sale of alcohol still apply. There needs to be a legal license, sellers need to follow the rules of distribution. Fights fans like all sports fans Gke their beer; however they pose no more of a public safety risk then the fans of any other sport. We would also object to _.13.1 Restriction Involving Minors. �'c► ��rsc�n under tl�e a�� c�f l8 �'i'.ciiS Ilf�`aii" �3C [3C',!'�iil��£'.tI fCi i4$�f�[i€� �Fi LiE�iI�1�E�E: '��%re�tlic��; exiiibitic�n, Again we object to this special classification. MMA is no more shocking then bozing which has no special restrictions. Also I would much rather my own child watch an MMA event then I would a pro wrestling event which are specifically marketed to kids. Worse would be to allow them to sit at home playing video games or watching TV. Unlike the Super bowl we rarely stage full frontal nudity. While events held in Venues like Spiker's precludes allowing persons under 21 from attending the event that does not mean the sport should be held apart from other sports as some how less appropriate for children. ^ .. .. � . Y Other things I would consider changing is the number of security required. I would double that number or better it should reflect projected attendance at about 1:100 people. And this should be floor personal; not just those standing by doors. Further I would encourage the council that if you are going to go this far; then go all the way. Appoint a commission that can over see events. I would say do so yourself but this would require an enormous amount of time, money and energy to staff and fund. For starters you would need to get people fully up to speed about rules, fighters and so on. You need people already in the sport who know the players; who will understand what is a fair match and what is not. We are at this time starting an organization called the Com6at Sports Alliance that will serve as a sanctioning body for qualifying promotions. Currently we have two promotions that will be covered including International Cage Combat and Ultimate Combat Sports. The CSA would be happy to work with the City to ensure all promotion follow the ordinances of the city as well as maintain the standards of the sport to the highest level. The basic structure of the CSA would be as follows: THE WHOLE PICTURE... VISION - Become a respected and widely recognized sport within the world of professional sports (not just MMA). GOALS - Form a unified network of promotions around the worid where there is a consistency in the rules and regulations. - Develop unified championship titles for the Americas, Europe, and the Pacific-Rim, which will compliment the World titles. - Obtain corporate level sponsorship for professional CSA and spread that benefit to the promoters. - Obtain television distribution contracts for professional CSA (Pay-Per View and cable networks) and spread that opportunity to promoters. - Establish a circuit through which promoters can have access to an international field of competitors, and competitors can have opportunities to travel and compete overseas. 1.) RULES - CSA's rules follow very closely to the unified rules of MMA defined by the NV State Athletic Commission and the NJ State Athletic Control Board. . • .. OFFICIALS - All officials will be trained and certified by the CSA Commission. They must be neutral individuals with an impeccable reputation for integrity and professionalism. CHAMPIONSHIPS - It is the focus of the CSA Association to develop a true and respected World Champion in all weight classes. These champions should achieve their station in a manner that is appropriate to sports in general. The system for becoming a champion will be contained at the sport level and not by individual promotions. There are standardized rankings in which only competitors who are active within the CSA circuit are eligible for contention. Additionally, we are looking to kick off the title scene with championship elimination tournaments, and the involvement of all CSA promoters is desired. I hope this serves as an introduction to the sport of Mixed Martial Arts and represents our willingness to work with city officials to ensure the sport is conducted in a productive, positive and safe manner. Thank You Mike Reilly 612-386-4458 (Cell) 952-888-1458 (home) ORDINANCE NO. AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE FRIDLEY CITY CODE REGARDING ULTIMATE WRESTLING AND ESTABLISHING FEES The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code, be hereby amended and ordains as follows: SECTION 1. That the Fridley City Code be amended to establish a new Chapter pertaining to ultimate wresting; FRIDLEY CITY CODE CHAPTER 132. ULTIMATE WRESTLING 132.01. Purpose. The city Council finds that Ultimate Wrestling and other events or exhibitions of similar type and nature are hereby declared to affect the public health, safety and welfare of the citizens of the city and it is in the public's interest to subject it to regulation and control. 132.03. Definitions. For purposes of this Section, the terms defined have the following meanings: 1. "Combative Sports" means any professional match or exhibition where the contestants deliver or are not forbidden by the applicable rules from delivering kicks, punches or blows of any kind to the body of an opponent. Combative Sports does not include professional boxing, professional sparring, professional wrestling, martial arts or Ultimate Wrestling. For purposes of this section, the term "martial arts" includes any professional match or exhibition sanctioned by any of the following organizations: U.S. Judo Association, U.S. Judo, Inc., U.S. Judo Federation, U.S. Tae Kwon Do Union, North American Sport Karate Association, U.S.A. Karate Foundation, U.S. Karate, Inc. World Karate Association, Professional Karate Association, Karate International, International Kenpo Association or World Wide Kenpo Association. 2. "Ph si�cian" means a person licensed to practice medicine in the State of Minnesota. 3. "Professional boxing exhibitions" means any professional boxing contests, matches, events and shows licensed and regulated by the State of Minnesota pursuant to Minnesota Statutes, Section 144.994. 4. "Promoter" means a person who is licensed to conduct Ultimate Wrestling e�iibitions. 49 Ordinance No. Page 2 5. "Ultimate Fighting" means a violent exhibition that is excessively and unacceptably dangerous to the participants. It includes exhibitions of the same nature, even though a different name is applied to the event. It is signified by a lack of appropriate restrictions and results in dangerous blows or life-threatening maneuvers. It often matches participants in incompatible styles of fighting making it difficult or impossible for the city to regulate in such a way that cari reasonably protect the safety of the participants. 6. "Ultimate Wrestlin�" means any professional or amateur contests, matches, events or shows subject to the rules and regulations stated in this ordinance. It includes other similax wrestling events, even though a different name is applied to the event. 132.05. License Required. 1. General Rule. No person, partnership or corporation may engage in or carry on the business of being a promoter of Ultimate Wrestling within the City without being licensed pursuant to City Code Chapter 11. 2. Investigations. An investigation is required pursuant to City Code Section 132.07. Permit Required. It is unlawful for any person to conduct an Ultimate Wrestling exhibition in the City without having obtained a permit and having paid the fees pursuant to City Code Chapter 11. A permit is required for each e�iibition and must be requested in writing at least 20 days prior to the exhibition. The permit application must contain the name and address of the promoter, the time and exact location of the exhibition, the seating capacity of the arena or area where the exhibition is to be held, and the cost of admission to be charged. 132.09. Conditions of License. The following conditions apply to Ultimate Wrestling exhibitions. 1. Mismatched Contestants. No promoter shall knowingly engage in a course of conduct in which fights are arranged when one wrestler has skills or experience significantly in excess of the opponent so that a mismatch results with the potential of serious physical harm to the opponent. 2. Rounds. No exhibition shall be more than three rounds in length, such rounds are not to be more than five minutes each. � 3. Required Attendees. � A. Promoter. The licensed promoter for the exhibition must be present during the entire exhibition. 50 Ordinance No. Page 3 B. Referee. A qualified referee must be present during the entire exhibition to direct and control the exhibition. C. Phvsician. A physician must be present during the entire exhibition. D. Securit . At the expense of the promoter, at least four security officers must be present at all times during the exhibition. 4. Li uor. No person shall give, hold, conduct or permit any Ultimate Wrestling exhibition where liquor will be served or consumed. 5. Disorderlv Conduct. No person present at any Ultimate Wrestling exhibition will engage in any disorderly conduct as defined by Minnesota Statutes, Section 609.72. Any disorderly person shall be immediately removed from the exhibition by a security officer or a police officer. Should a substantial number of persons engage in disorderly conduct, the police may terminate the exhibition and remove a11 persons from the exhibition. 6 Name of Exhibition. The e�ibition must not be referred to or marketed as Ultimate Fighting. 7. Location. The promoter shall obtain approval from the Zoning Department that parking is adequate for the exhibition. 8. Other conditions re ug lating conduct. The Council may adopt other conditions regulating conduct of Ultimate Wrestling exhibitions as it deems appropriate by City Council Resolution. 132.11. Prohibited Exhibitions. No forms of combative sports, including Ultimate Fighting, shall be conducted, held or given within the City and no license or permit may be approved for such matches or exhibitions. 132.13. Restriction Involvin� Minors. No person under the age of 18 years may be permitted to attend an Ultimate Wrestling exhibition. 2. No person under the age of 18 years may participate as a contestant. 132.15. Approval, Denial, Suspension or Revocation of Licenses. l. Approval. In addition to the requirements of City Code Chapter l l, licenses will be granted if in the judgment of the City: 51 Ordinance No. Page 4 A. The financial responsibility, experience, character and general fitness of the applicant is such that the participation of the applicant will be consistent with the best interests of Ultimate Wrestling and in conformity with the purpose of this Ordinance; and B. The applicant has provided a written copy of the rules of conduct under which the event will be operated and such rules are consistent with this Ordinance and any related Council Resolution. 2. Denial Suspension, or Revocation. In addition to the grounds enumerated in City Code Chapter 11, the following reasons may be grounds for license denial, suspension, or revocation. A. The applicant has been convicted of a crime involving bookmaking, gambling, or fraud or misrepresentation. B. The applicant has been convicted of a felony drug-related crime, including, but not limited to steroids or other muscle enhancing drugs. C. The promoter, referees, judges, contestants or any of the employees are found to be in control, possession, or under the influence of any alcoholic beverages, narcotic drugs or controlled substances, as defined by Minnesota Statutes, on the premises of the exhibition. 132.17. Exemutions. Professional boxing exhibitions. 2. Boxing contests or wrestling e�ibitions conducted by accredited secondary schools, colleges or universities, even though a fee may be charged. 3. Amateur boxing matches sanctioned by the U.S. Amateur Boxing Federation, Inc. or Golden Gloves of America. 4. Amateur martial arts matches or exhibitions sanctioned by any of the organizations named in Section 132.03.01. 132.19. Violations and Penalties. Any person violating any provision of this Article is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minn. Stat.§609.02, Subd.3. 52 Ordinance No. SECTION 2. That Chapter 11 of the Fridley City Code hereby be amended as follows to establish the license and permit fees for ultimate wrestling: FRIDLEY CITY CODE CHAPTER 11. GENERAL PROVISIONS AND FEES Section 11.10. Fees ' Code Sub'ect Fee 132 Ultimate Wrestin� Promoter $100 Event $500 Page 5 SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effective from and after its passage and publication according to law. Passed and adopted by the City Council of the City of Fridley on this day of 2004. ATTEST: Debra Skogen, City Clerk First Reading: February 9, 2004 Second Reading: Publication: 53 Scott J. Lund, Mayor � � CffY OF FRIDLEY TO: FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF February 9, 2004 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR AMENDMENT TO SECTION 402 OF THE FRIDLEY CITY CODE February 6, 2004 The staff had included a number of changes to Chapter 402 of the City Code in the Council and Commission questionnaire that went out for the budget of 2003. During the budgeting process last summer staff had an opportunity to review some of these issues with Council. A number of those changes are now incorporated into this first reading of Chapter 402. I will review the various changes that staff has modified thai are sustentative in nature versus updates or corrections that staff has noted over the years Page 1. The items that have been modified are those that either add, what staff feels would be adding clarity or a correction of an incorrect reference to another section of the charter. Page 2. 402.04 Proportionate Share. Language being added here "Alternately, the City shall allow the owner to contract directly with an approved firm to install such connection and restoration subject to approval and inspection by the City." This language has been added to meet current city policy regarding allowing private contractors to connect new service lines to the city's water and sewer utilities instead of requiring that the city construct the connections. Page 3. 402.06 Repairs and Maintenance to connection. The changes made in this section are a change in city policy. In the past the city has been responsible for all repairs that were required from the property line to the main, including necessary street repairs. The change that staff is recommending is to make the homeowner responsible for those repairs. If the property owner requests the city to do the maintenance or the repair, it will be done at a rate equal to the cost of the service that is being requested by the property owner. This change is similar to what a number of other cities have instituted regarding this activity. Another slight change in this section adds the words "for operability and" in regards to the water curb stop box. Our service technicians have found, that on occasion, when the 54 Ordinance No. Page 2 water was to be shut off whether due to an emergency or upon request, the tube running down to the shut off was bent and had to be replaced in order to shut the water off. Page 4. Changes on this page are due to corrections of reference numbers. Page 5. This section starts the changes that remove the concept of new customers � placing deposits on the water meters. This is old terminology that should have been removed 30 years ago when there was an attempt to change the concept from a deposit - by the customer to a purchase of the meter. By statute anything that was defined as a deposit was to be paid interest during the period of the classification as a deposit. The new language removes the deposit language and requires the new owner to purchase a meter. This is only in the case of a new service or home, not an existing service or home that has been sold to a new owner. This removes the need to track each meter as ownership changes occur by each address in the city. For all of our utility customers that have previously purchased their meters in accordance with the past ordinance the city will in� refund or buy back their water meter upon the future sale of their home. The new change to the ordinance would require the new owner of that property to pay an amount to the city as a one time administrative fee for the new customer set up process. A new paragraph was also added regarding the right of entry to repair or replace the water meters. In the past, we have had some problems with owners that have had troublesome water meters. This section of the ordinance assists in providing authority for authorized city representatives to enter the property to repair, replace or read the water meter. Page 6. The changes on this page work with the non payment of utility bills. It both clarifies and adds additional language regarding what occurs after four consecutive quarters of not reading the water meter. Due to the repetitive nature of this situation with some customers, there is a potential loss of revenue that could occur with both the water and sewer revenues. Staff felt that after the four non-readings, a custorner would be penalized in the amount of the cost of an automated meter reading device(AMR). Staff also felt that due to the difficulty of entry into some homes to install the AMR meter with the automated reading device that would occur after the fourth quarter of not providing a water meter reading, a penalty of $50.00 per month should be assessed until the owner allows the city to install the new meter. Page 8. Staff added the storm water utility in the language to bring this section current - with other sections of the city code that modified years ago. It also corrected a reference to another section of the ordinance. • .. Page 9. Added clarification. 55 Ordinance No. Page 10. Corrected reference Page 3 Page 11. This page corrected a reference and struck all the language that pertained to the meter deposit that should have been removed 30 years ago. Page 12. Corrected numbering and added clarification along with inserting a service charge of $25.00 for those customers that request their meter be tested for accuracy. This fee will only be charged when, at the customers request, the testing is conducted and the meter tests normal. The normal range is defined within a range of —3% to +1 '/ %. If the reading is not within this range there will be no charge for testing and an adjustment will be made to the bill for the inaccurate reading. Page 13 & 14. These two pages only reflect changes made in the number of the sections due to the elimination of the meter deposit section. These changes are items that have appeared before you in other forms. They are a collaborative effort of the Finance Department, Engineering Department and the Water Department. These changes have been discussed at the staff level numerous times and it is felt that with these changes, staff will be more efficient and effective in managing the daily activities of the Water, Sewer and Storm Water Utility. Staff recommends the first reading of this ordinance. RDP/me Attachment(s) �: Ordinance No. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 402. WATER AND SEWER ADMINISATRATION OF THE FRIDLEY CITY CODE Page 4 The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that Chapter 402, Water and Sewer Administration, of the Fridley City ' Code, be hereby amended and ordains as follows: FRIDLEY CITY CODE CHAPTER 402. WATER, STORM WATER AND SANITARY SEWER ADMINISTRATION 402.01 CITY MANAGER RESPONSIBLE The City Manager in the City of Fridley sha11 have the responsibility of the management and operation of the municipal water system, sanitary sewer system and storm se�ae� water system in the City of Fridley. The City Manager shall have immediate control and custody of all properties, be responsible for their safekeeping and their proper storage and care, and shall provide for the keeping of a full and accurate record of a11 work done with respect thereto, the cost thereof, the names of persons employed, hours worked and such other information and records as may be required by the City Council. Further, the City Manager shall have immediate charge of all employees necessary to the operation of the said utilities of the City. (Ref. 113) 402.02. POLICY The City shall eliminate hazards to safety and health arising from defective water systems, sanitary sewer systems, and storm se�� water systems in the City of Fridley; and for such purposes shall extend its municipal or public sewers to all lands of the City and require connection of all failing Individual Sewage Treatment Systems (ISTS) to said systems. 402.03. CONNECTION SERVICE No person shall make any type of connection to the municipal water system, the sanitary sewer system or the storm s� water system except upon making an application therefor on a form provided by the City and receiving a permit issued by the City for such purpose. The application shall include an exact description of the property to be served, the uses for which the connection is requested and the size of the service lines requested or to be used. At the time of making such application, there shall be paid to the City a fee as designated in Sections 402.04, 402.05, and 49�AFr, 402.15, which shall be applied to, paid for, and received by the City for the purpose indicated. 57 Ordinance No. 402.04. PROPORTIONATE SHARE Page 5 No connection shall be made or continued in use at any time with respect to any sewer or water connection serving property if any person or occupants of the land, parcel or premises affected have not paid or provided for the payment of the full and proportionate share of the systems, services or improvements to be used as determined by the City Council, which share of the cost of said system, service or improvement shall be payable as follows: A. For service to property to which service lines have not been previously run from the street laterals to the properry line, the owner, occupant or user shall pay into the City Treasury (Water and Sewer Utility Fund) an amount not less than the cost of making connections, taps and installation of necessary pipe and appurtenances to provide service to the properiy and necessary street repairs. Alternately, the Citv shall allow the owner to contract directly with an approved firm to install such connection and restoration subiect to aparoval and inspection bv the City. B. For service to property to which service lines have been run previously to the property line but have not been paid for, the owner, occupant or user shall pay in cash or agree to pay charges in the form of Special Assessments to be levied against the properiy to be spread over a number of years coincident with the maturity requirements of any Special Improvement Bonds sold for the purpose of financing the construction of such water and sewer lines and service connections serving the properiy. Said cash payment or Assessment charge shall be in principal amount not less than the payments made by or charges placed against comparable properties for like services of such water or sewer, i.e. FOR AN "EQUIVALENT LATERAL ASSESSMENT", or an amount as may be established by the City Council. In the instance of services run to the property lines as provided under Section 402.03.A, the payment to the City Treasury of any amount required under Section 402.03.B shall be reduced by the amount paid to the City under Section 402.03.A. Payment to the City Treasury in the form of a Special Assessment charge shall be in the form of equal annual installments together with interest on the unpaid balance from year to year, which interest shall be computed at the current rate of assessment. 402.05. PERMIT FEE Prior to constructing or repair of any water or sewer line connecting the existing municipal system and any house or building for which the application is made, the owner or contractor shall be required to obtain a permit for such connection, and shall pay a permit fee as provided in Chapter 11 of this Code. After such connection has been made, the Water and Sewer Department shall be notified. It shall be unlawful to cover any connecting line until an inspection has been made and such connection and the work incident thereto has been approved by the City as a proper and suitable connection. : Ordinance No. 402.06. REPAIRS AND MAINTENANCE TO CONNECTION Page 6 After the initial connection has been made to the water service curb stop box or the sewer lead at the property line or a water service or sewer lead has been extended to the property line for connection, the applicant, owner, or the occupant or user of such premises shall be liable for a11 repairs required to any water line or any sewer lines necessary for connection of the premises from the ��e main to the premises. T'� �'� ; ..:" '�_ '_�_'�'.° � - �'? �°r�=r° °""="°'' �'^'"' +''° ',' . If the propertv owner requests ' maintenance services or repairs be performed bv the Citv, the propertv owner shall be char�ed for the costs of the maintenance and/or repairs, includin� anv necessary street repairs, at a rate determined bv Chapter 11. It shall be the responsibility of the applicant, owner, occupant or user to perform standard maintenance of the sewer service line from the premises to the main including debris clearing or root cutting and to maintain the water service curb stop box for operability and at such height as will ensure that it remains above the finished grade of the land or property. (Ref. 638, 1156) 0 � 402.07. CONSTRUCTION OF PRIVATE SEWER SYSTEMS PROHIBITED The construction of new individual sewage treatment systems (ISTS) is prohibited in the City of Fridley. Existing individual sewage treatment systems meeting MN Rules Chapter 7080 standards may and shall be permitted to continue in use and operation until system is deemed failing by a licensed inspector during a biennial inspection or the property owner expands kitchen, bathroom, or bedroom areas. The use of a cesspool, outside toilet, or any other individual sewage treatment system not meeting standards set forth in MN Rules Chapter 7080 is strictly prohibited. 1. New Construction. All new houses, buildings, businesses, facilities, etc., producing wastes or discharges must be properly connected to the City of Fridley sewer system. Application for connection shall be made to the City Building Department and all connection fees shall be paid as provided by City Ordinances. No building permit shall be issued by the City after the effective date of this ordinance, unless the applicant shows compliance with the terms of this ordinance. 2. Existing Structures. Any existing houses, buildings, business or facilities presently utilizing their own septic systems, drainfield, soil absorption system, etc., shall be inspected by November 1, 2000 by a licensed inspector. After the initial inspection, systems must be inspected biennially by a licensed inspector and inspection results presented to the City of Fridley Building Department. All systems shall also be inspected prior to sale and/or transfer of title. All properties utilizing on site sewage treatment shall be connected to the City Sewer system prior to the issuance of any building permits for kitchen, bathroom, or bedroom expansions. Further, any such system presently in use, but which is revealed to be a failing system by inspection, shall be connected to the City of Fridley sewer system as soon as is practical but within 6 months of the time of failure. If the system is determined to be an immediate health hazard, the system must be connected immediately. 59 Ordinance No. Page 7 3. Abandoned Sewage Treatment Systems. All existing cesspools, drywells, septic tanks, or any other on-site sewage treatment systems which are abandoned and not in use shall be properly removed and/or filled immediately to State standards so as not to pose a danger to health and safety. 402.08. NUISANCE Hereafter, whenever and wherever any such private septic tank, cesspool or other type of private sewage system is damaged or defective and as a result thereof operates improperly creating an immediate health threat by exposing raw sewage to the grounds surface, then except as is further provided herein, connection sha11 be made to a public sewer immediately. Use of a defective system, or one in need of repair to eliminate a hazard to safety or health is deemed maintenance of a nuisance and is prohibited; and such nuisance may be abated according to law. 402.09. FAILURE TO COMPLY; NOTICE The City Manager may cause written notice of sewer and water requirements to be given to any person required by subsection 40�?.��r ^�° 402.07 or 402.08 to make such repairs and connections. Such notice shall be mailed by certified mail or delivered by the Building Official or Code Enforcement Officer by order of the City Manager. In the event that (I.) any person, required by subsection 402.08.9� to connect an existing building to sanitary sewer mains where there is not an immediate health danger, fails to complete the making of such connection within 6 month after such written notice is given, or (11.) any person required by section 48�.-853 402.0$ to connect an existing system to sanitary mains due to system failure and immediate health threat fails to complete the making of such connection with 5 days after the written notice is given, the Council may by resolution direct that the required connection be made and the cost assessed against the benefited properiy as set forth in section 49�4 402.12. From the time of failure until connection, outflow must be plugged and tank pumped on a regular basis. Work must be done by a Certified septic installer and pumping schedules must be filed with City Building Department. 402.10. HEARING In any case where an owner deems himself or herself aggrieved by an order of the Building Official of the City or other representative of the City with respect to a private sewage disposal system and its continued use, the owner is entitled, upon giving notice and demand, to a hearing before the Council with respect thereto and before the order shall become final. Such notice and demand shall be made promptly and in no case later than five (5) days after receipt of any order from the City. 402.11. SEWAGE AND WASTE CONTROL The "Waste Discharge Rules for the Metropolitan Disposal System" as adopted by the Metropolitan Council Environmental Services (MCES), is hereby adopted by reference and incorporated into and made a part of this Code as completely as if set out here in full. .1 L Ordinance No. 402.12. INSTALLATION BY CITY Page 8 Wherever the notice provided for in Section 402.09 is not complied with, the Council may, by resolution, direct the connection of such building or properiy to the public sewer system. The cost of all necessary appurtenances and the connection to public services shall be paid initially from the General Fund and then assessed by the Council against the properiy benefited. If the assessment is not paid to the City within ten (10) days after the City Clerk has served written notice in the same manner as provided for notice referred to in said section, the City Clerk shall certify the amount of the assessment to the County Auditor for collection in the same manner as other special assessments. The Council, by resolution, may provide for payment of the assessment in one (1) annual installment bearing interest at the current assessment rate from the expiration of such ten (10) day period. 402.13. STATE & METROPOLITAN COUNCIL REGULATIONS BY REFERENCE There is hereby adopted by reference, and sha11 be in full force and effect in the City of Fridley as if set out here in full, the following rules, regulations and recommended practices as set forth in pamphlets published by the State of Minnesota, rules, regulations and recommended practices which shall be considered and construed as minimum codes and standards of the City of Fridley: 1. Rules, regulations and recommended practices for the design, construction and operation of sewage systems as set forth in Minnesota Rules Chapter 7080, dated 1995, published by the Minnesota Pollution Control Agency, as amended to date. 2. Rules, regulations and recommended practices on the type, design, construction and location of wells for potable water supply when connections to the municipal water system are not feasible as set forth in pamphlets entitled "Manual of Water Supply Sanitation", Section 11, dated 1956, Section V, dated 1956, and Section VII, dated 1957, all as published by the Minnesota Department of Health, Division of Environmental Sanitation, as amended to date. 402.14. CONSENT TO REGULATIONS Every person applying for water or sewer service and every owner of properiy for which any such application is made shall be deemed upon making such application to consent to all rules, regulations and rates set forth in this Chapter, and such further rules, regulations and rates as may thereafter be set forth and adopted by the City Council. 402.15. WATER METER Before any water conveyed through the municipal water system shall be used or utilized on the land or premises of any person, firm or corporation, there shall first be installed a water meter that will accurately measure the water consumed on the premises, except and unless such installation shall be exempted by the City. The applicant for water service shall �';*�, Tr°�^„n> pay an amount to the City at the time of application for permit as set forth above, an amount determined by the City to be sufficient to cover the cost of the meter. (Ref. 566) 61 Ordinance No. Page 9 2. At such time as there is a chan�e of customer or uropertv ownership for existin� customers, all new customers to the svstem will be required to pav a one-time administrative set-up char�e at the rate determined in Chapter 11. ^" °°�^*�^^ ^„°*^"�°"" llil J I � ) 7 A. Those persons who paid to purchase a meter prior to the effective date of this ordinance mav have the purchase price returned upon satisfactory proof of transfer of title and possession of said premises. The nurchase price shall be first deducted from the bill if there are unpaid bills or char�es. B. The liabilitv of the Citv for return of said purchase funds however shall be limited to the funds as are available in the water fund and shall not constitute a�eneral obli�ation to the City. All water meters installed under the provisions of this Chapter shall remain the properiy of the City of Fridley. The meters shall be repaired from time to time as is necessary to ensure accurate measuring of the flow of water. The City shall pay for the cost of repairs except when a meter has been damaged due to negligence on the part of persons other than employees of the Water T'°^��*m°^+,� Department. The owner, occupant or user of the premises or such other person desiring use of the water shall reimburse the Water Department for the expense of repairing any such damaged meter. Upon failure to reimburse the Water Department within a reasonable time and upon demand therefore, the water service and supply to said premises may be shut off or discontinued as determined to be in the best interest of the City. A Ri�ht of entrance Everv person ownin� improved real estate that has had a water meter installed shall allow dulv authorized employees of the city or a desi�nated representative of the City, bearin� proper credentials and identification, to enter all properties for the purpose of readin�, repairin�, or replacin� the meter, or for the purpose of installin� an automated meter readin� device (AMR). 402.16. TAMPERING PROHIBITED It shall be unlawful for any person to tamper with, alter, by-pass or in any manner whatsoever interfere with the proper use and functioning of any water meter owned by the City. 402.17. METER READING AND PAYMENT FOR SERVICES The City may provide a system of water meter reading by post-card, meter-reader, or any other method deemed suitable to the purpose by the City Council. The City may also establish billing areas or districts and provide for the readings of ineters and billing charges by month, by calendar quarters or monthly quarters, or such periodic intervals as the City Council shall determine suitable and necessary from time to time to the needs of the City. In the case of a post-card meter reading, each consumer shall mail or return the meter card on or before the due 62 Ordinance No. date. Page 10 Each consumer shall be assessed a one dollar ($1.00) penalty for any card not returned within seven (7) days of the due date. A charge of ten dollars ($10.00) will be added to the bill if the meter reading post card is not _ returned to the City for the second consecutive quarter billing. A charge of fifteen dollars ($15.00) will be added to the bill if the meter reading pOSt card is not ' returned to the City for the third consecutive quarter. Such penalty and any use charges (based on an estimate of the water consumed) will be added to every quarterly billing thereafter if subsequently not read. �; .. If the meter readin� post card is not returned to the Citv for the fourth consecutive quarter, an ARM shall be installed on the propertv. The proUertv owner shall pay a penalty equal to the full cost of the meter and installation which will be added to the bill. If the plumbing is substandard, the property owner will be responsible for bringing the plumbing up to code at their own expense. A. Refusal of Entrv. Any person refusin� to allow entry of a duly authorized emplovee or designated representative, as described in 402.15.3.A., shall be required to pay a penaltv of $50.00 per month which shall be added to every subsequent utilitv bill. The penaltv shall be added every month until the nropertv owner is in compliance with this section. �r. 6. The water rate charges shall be considered net charges and shall be the charges payable after the last day of the month or billing period in which the billings are sent out. � 7. Payments not paid within thiriy (30) days from the date of the bill will be assessed an additional ten percent (10%) penalty. (Ref. 662, 988) 402.18. DISCONTINUANCE OF SERVICE The City reserves the right to discontinue service to any customer of the water and sewer system without notice when necessary for repairs, additional connection or reconnection or for non-payment of charges or bills or for disregard of any rules or regulations in connection with the use or operation of said system. Whenever any service has been discontinued for non-payment of charges or bills or for disregard of any rules or regulations, it shall not be resumed, except upon payment of the charges of bills accrued together with compliance with the rules or regulations previously violated and payment to the City of a restoration fee o�'�° ^^~~ ^��T,° a^"�~�-��;007 �e�� n.�n � ooi„a.,t,� .,,,a +e„ a,.ii.,..., iein nm .,+ .,ii „��,o,.,-;,-,.,o� as set in Chapter 11.. (Ref. 565) 63 Ordinance No. 402.19. LIEN Page 11 In the event a water or sewer bill is unpaid at the end of the calendar quarter or the billing period under which the billing is sent out, the bill shall be considered delinquent and the service may be discontinued as provided in Section 48�-� 402.18 above and the City Council may cause the charges noted in such billing to become a lien against the property served by certifying to the County the amount of said delinquent bill in accordance with Minnesota Statutes, Chapter 444. A penalty of ten percent (10%) will be assessed to all amounts certified to the Couniy for collection. (Ref. 113 and 565) 402.20. WATER= �#B SEWER, AND STORM WATER RATES Water consumptionl � sewer, and storm water use charges to the consumer shall become due and payable quarterly each year on a calendar schedule or by monthly intervals or periods of time in accordance with a schedule prepared by the City Manager. (Re£ 464) 2. The water rates per quarter shall be set by Council Resolution. 3. The sewer rates per quarter shall be set by Council Resolution. 4. The storm water rates per quarter shall be set bv Council Resolution 4. 5. Whenever the period of billing of cha.rges for e�ke� water1 e� sewer, or storm water services �.,,+�, ; � �� are altered or changed, the minimum charge payable for such water, e� sewer, or storm water service may and shall be prorated as necessary in equity to the consumer for any period of time less or more than a full quarter of any period used. Such prorating is also authorized whenever the rate, minimutn or otherwise, for e�� waters e� sewer, or storm water services, ^��^+�� are charged. 402.21. DEFECTIVE METER If a meter fails to register or accurately measure the water, the charge for water consumed shall be paid for at the established rate based upon past average billings as determined by the City Manager. 402.22. NOTICE OF LEAK Any owner, occupant or user of a premises who discovers a leak in a service line to the premises shall notify the Water Department within 24 hours. Any water wasted due to failure of such person to comply with this regulation shall be estimated by the City Manager and charged against the owner of such premises at the established rate. (Ref. 113) 64 Ordinance No. 402.23. STOP VALVE Page 12 There shall be installed in every connection to the City water system one stop and waste valve which shall be installed at a point between the water service stop and the meter so that the water may be turned off and the meter and house plumbing entirely drained. There shall be installed another stop and waste cock in the pipe on the house side of the meter. All service pipes connected to the City systems shall be of a TYPE K copper or its approved equal and shall be laid at a depth not less than 6.5' below the finished grade, or as low as the street mains. 402.24. PERMIT Any applicant, owner, occupant or user in applying for permission to connect to the City water and sewer systems shall have all work in connection therewith performed under the supervision of a plumber, licensed to do plumbing in the City of Fridley, except that nothing in this Chapter shall be construed as to prohibit an individual owner from obtaining a permit therefor provided that a person, firm or corporation actually performing the work be a plumber licensed to perform such work in the City. 402.25. OPEN CONNECTION FOR FIRE PROTECTION Any applicant, owner, occupant or user who shall apply for a connection to the City water mains which connection shall be open at all times for the purpose of fire protection, shall apply in writing to the Water Department giving detailed information as to the size of main required, location of main and a copy of the plans of the system that shall be served by such connection. Such applicant shall fumish and install between the point of connection to the City main, a shut off valve or if the same be installed by the City, the cost thereof shall be paid by the said applicant. Such shutoff valve shall at all times be open for inspection purposes to the Water Department personnel, but maintenance and cost of repair of the valve and tap shall be the sole responsibility of the applicant desiring such service. In the event a single connection is made for the joint purpose of fire protection and potable water use, applicant shall split the connection line and provide separate shut off valves for each use, a minimum distance of 20 feet from the outertnost point of the building. Such permit may be granted by the City upon such conditions as may be deemed by the City Council to be in the best interest of the City including requirement by the City of the installation of any valve and meter for water use detection purposes. 402.26. RESTRICTION It shall be unlawful for any person, firm or corporation having such an open main for the purpose of the protection to make any connection to such main for any purpose other than the one noted in the original request to the Water Department. 402.27. CITY NOT LIABLE The City shall not be held liable at any time for any deficiency or failure in the supply of water to the customer whether the same be occasioned by shutting off the water for repairs or connections, or for any cause whatsoever. 65 Ordinance No. 402.28. RATES Page 13 The City Council shall have the authority to prescribe the rates to be charged for water and sewer service to the customer from time to time and may prescribe the date of billing, a discount for the payment of any bill within a reasonable time, and such further rules and regulations relative to the use and operation of such systems as it may deem necessary from time to time. 402.29. INDUSTRIAL USER STRENGTH CHARGE 0 1. Recitals. The Metropolitan Council Environmental Services (MCES), a metropolitan commission organized and existing under the laws of the State of Minnesota (the "MCES"), in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (the "Act"), has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System, as defined in Minnesota Statutes, Section 473.121, Subdivision 24, and to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the City to pay such costs based upon strength of industrial discharge allocated to it each year by the MCES it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the City. Furthermore, Minnesota Statutes, Section 444.075, Subdivision 3, empowers the City to make such sewer charge a charge against the owner, lessee, occupant or all of them and certify unpaid charges to the County Auditor as a t� lien against the properly served. 2. Establishment of Strength Charges. For the purpose of paying the costs allocated to the City each year by the MCES that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the City, there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each company or corporation receiving waste treatment services within or served by the City, based upon strength of industrial waste discharged into the sewer system of the City (the "Strength Charge"). 3. Establishment of Strength Charge Formula. For the purpose of computation of the Strength Charge established by Section 4��-� 402.29.2, - there is hereby established, approved and adopted in compliance with the Act the same strength - charge formula designated in Resolution No. 76-1972 adopted by the governing body of the MCES - on June 15, 1976, such formula being based upon pollution qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the Commission. .: Ordinance No. 4. Strength Charge Payment. Page 14 It is hereby approved, adopted and established that the Strength Charge established by Section n n� 402.29.2 above shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth (20th) day next succeeding the date of billing thereof to such user by or on behalf of the City, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby established, approved and adopted that if such payment is not paid before such date an industrial user shall pay interest compounded monthly at the rate of two-thirds of one percent (2/3%) per month on the unpaid balance due. 5. Establishment of Tax Lien. As provided by Minnesota Statutes, Section 444.075, Subdivision 3, it is hereby approved, adopted and established that if payment of the Strength Charge established by Section 49�� 402.29.2 above is not paid before the sixtieth (60th) day next succeeding the date of billing thereof to the industrial user by or on behalf of the City, said delinquent sewer strength charge, plus accrued interest established pursuant to Section 4A�:'�,?4 402.29.4, sha11 be deemed to be a charge against the owner, lessee and occupant of the property served, and the City or its agent sha11 certify such unpaid delinquent balance to the County Auditor with ta�ces against the properiy served for collection as other taxes are collected; provided, however, that such certification shall not preclude the City or its agent from recovery of such delinquent sewer strength charge and interest thereon under any other available remedy. (Ref. 629) , � „_ •._�. . .. - er� . • - 67 Ordinance No. Page 1 S . - �s� . �,. - -- - - -_ _ =_-� _-�� °- - 402.30�. TAMPERING It shall be unlawful for any person to tamper with, use, alter or damage any water line or connection of any type or part thereof or any fire hydrant, water service curb or valve box or street valves or any sewer line or connection of any type or part thereof without authority from the City. Any person who shall damage any part of the municipal water system, or any pipe or connection of any type or part thereof, including any hydrant or valve, or any part of the municipal sewer system or any pipe or connection of any type or part thereof, shall be liable for the damage or loss to the City causedthereby. 402.31�. SURFACE WATER INTO SANITARY SEWER It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any � surface water to drain into the sanitary sewer system of the City of Fridley. 402.32�. CITY INSPECTION 1. All installation work or repair of connections to the municipal sewer and water system, including grades, bends and back-filling shall be performed under the direction and supervision of the City Manager or the City Manager's designee. No work shall be covered or back-filled until directed by the City Manager or the City Manager's designee. All work and excavations sha11 be protected by barricades and warning markers and lights reasonable and suitable to the purpose. The City shall be held harmless of any claim or loss as might otherwise arise for damage or loss of injury caused by or arising by reason of such work being performed; and the applicant, owner or user performing or causing such work to be done shall give a report to the City with respect thereto. 2. No digging on any permanent type street sha11 be permitted except by special permission from the City. 3. Whenever a water user questions the accuracy of the meter, and desires that such meter be tested, such person shall �' �� t�� a�»�r� rec nm reimburse the citv for all testin� �y✓.vv� costs plus a$25 administrative fee if the meter tests accurate within a range of minus three percent (-3%) to plus one and one half percent (1-1/2%). If it is not accurate within this range, no charge will be made for testing and an adjustment on the water bill will be made for the period of time that the meter is assumed to be inaccurate. 402.334. WATER CONSERVATION In order to ensure an adequate water supply for human consumption, sanitary purposes, and fire fighting purposes, the City Council may establish by resolution water conservation regulations as they may be required from time to time. (Ref. 922) . Ordinance No. 402.34�. TERMINATION NOTICE Page 16 Requests for turning off the water shall be made in writing thirty (30) days prior to the time for which payment has been made. Otherwise, the owner of the premises shall be liable for water rent for the next period. 402.35�. INSPECTION & CORRECTION The City Manager or any authorized employee or agent of the City shall have right to enter and be admitted to any lands and property in the City for the purpose of inspection of materials, plumbing work and fixtures of all kinds used by or in connection with the water and sewer systems. Any and all work, construction, alteration, repair, addition to, remodeling, moving, use, maintenance and occupancy of any building and the work and installation of any utility and appliance thereof and in use therewith to which the codes herein referred to apply shall be done and performed strictly in accordance with this Code. If, after inspection, any of the same are found not to be in accord with this Code, then the same shall be corrected upon notice from any duly authorized representative of the City of Fridley authorized to give such notice. If, after such written notice to any person performing any work which requires correction thereof, such person neglects or refuses to correct such work and fails to make the same conform to this and to the order of the City's representative, the City by any of its duly authorized representatives may remove such work and charge the cost thereon to the person installing the same. No person shall cover any such work without the same being first duly inspected. 402.36�. SEPARATION FROM PRIVATE WATER Whenever any premises are connected to the municipal water system, there shall be maintained a complete physical separation between the municipal water supply system and the private water supply system, so that it is impossible to intentionally or unintentionally allow any water produced by a private system to be introduced into the supply line from the municipal system. 402.37�. CHARGES WHERE NOT METERED Any water obtained by any person, firm or corporation from the municipal water system which is not paid for by the consumer or the user thereof by payment of water charges or rates determined by a meter shall be charged at and paid for by such consumer or user upon an estimate of the quantity of water used as computed at the established rate for such purpose or use, except that the Council may waive payment of such charge where deemed by the Council to be in the interest of the City. 402.38�. ENFORCEMENT It shall be the duty of such administrative personnel as designated by the City Manager to ensure compliance with the provisions of this Chapter. �. Ordinance No. 402.3949. PENALTIES Page 1 Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 9 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ' DAY OF 2004. ATTEST: Debra A. Skogen, City Clerk First Reading: Second Reading: Published: 70 Scott J. Lund, Mayor � 0 � � (7TY QF FRIDLEY , TO: � �` i FROM: DATE: �G�N�� i1T� �i��i��i'�, ��T�� u�� Wi(liam W. Burns, Ci Mana er '�\� ty s �� Jon li. tiaukaas, Public Works Director Layne Otteson, Rsst Public Works Director February 2, 2004 PWO�+-013 SUBJECT: Design and Construction Administration Services — 2005 Street Project Requests for praposals were sent to four firms for design and construction administration services for the acce6erated neighborhood street reconstruction program in 2005. All four of the firms responded with good proposals, however, two in particular stood out These two proposals were froon SEIi and from Eiolton 8� I`1enk. � addit�on, t�e proposal �rorn SEti included a 6xed, tump sum cost for the design senrices and a corastruction administrat�on cost fixed at 8% of the constrtaction cost We interviewed the senior te�rn r�embers from fihe SE�t proposa[ to ciarify some oF the vaEue adde�l services. �� :� �;u�� : �ca:�:r�:enda�on �hat the cor�tract for design �nd construction administration services �cr �'�e 2�i�5 1�i�6gt�borhood Street Reconstruction Program be awarded to SE11 for the design phase tum�-�urrt fe.e o€ �fl�6,€�.� a:��f ��- �:e ee�:str��:� �€��s� ��e ��ed �n �� c� construc�ion cost �flitl:cz 71 � � CITY OF FRIDLEY A�ENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 9, 2004 �� TO: William W. Burns, City Manager ��-�y FROM: DATE: SUBJECT: Jon Fi. tiaukaas, Public Works Director Layne Otteson, Asst Public Works Director February 2, 2004 Design and Construction Administration Services — 85�' Ave Trail PW04-014 � Requests for proposals were sent to seven firms for design and conslruction administration services for the 85�' Avenue Federal Aid Trail project Five of the firms responded with good proposals. One in particular stood out This proposal was from Bonestroo, Rosene, Anderlik and Associates. The BRAA team had an excellent understanding of the project and the requirements of a federal aid job. We interviewed the senior members of their proposed team to review the proposal and go over sorne of the details. Their team and experience convinced us that they would provide us with the best response and overall project. it is staff"s recommendation that the contract for design and construction adminish-ation senrices for the 85�' Ave Trail project be awarded to Bonestroo, Rosene, Anderlik and Associates for a total cost of �149,828.00. Jt1li:cz 72 �� 0 � � AGENDA ITEM cmoF CITY COUNCIL MEETING OF FEBRUARY 9, 2004 FF�IDLEY IIVFORMAL STATUS REPORTS 73