The URL can be used to link to this page

12/12/2005 - 6085� � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, AflflRFSS AMU /i�M Ml/MBSR YOU ARF /NT�.�it�STFO /N. Print Name {Clearlp) Address ' I�em Nt�. +� C.G.d �.7 G� r � -5.; �:� � �S i -G C' � / �% �i� r-- C�r�_"v.s y� t ./`�� . � �� GL I �iz_ E, � b i G.� .�t �,�.r= c �Z� _�L,- %�.l� �� - � y � �, j� a � S � ,� � 3�: �; � ��-� L-- �3 � ��l o�% � 5 y �� 1 � � ��t �-%::^-� v � � /� � l.!' V �'{'L �' � � �� ' � � j� ►� /��>9� �. � � ��1� � �� '�'c��- � -� ��i��.' i� r � e�� .�/�s�.��. � ��,�� Y G .s .� s�' 0 � � .��,��' ' y� �' e !�l � � I � � i l�-/ Q�t s ��;� �J �. �,� . s r �tl i � s� c�+r" � ' z � w -- �°I �� I� i Sv u sZ r�-�v i � � -� L'��,-�� ,�, � - �- i ,� N � � .1,1-h %�� , ,�. �i�� = k j �� c� s-3� L � /�l�i�L � :S�i', /�/. L- i a� � ' • ,R-�..s��...�.' b 3 I ( .�,�..� � 6,�► �-1�. ` � 4� � �/-Pr � �� 3 �-i J � "1 � s� �� ' �,�� l^ ��,� ti��' `' �. � � �` 1.j d �. - � z,� Orl- �� ' S-'O � � /� /� i ' L7�✓� � r > ,� ,/'/ '� �� f� � �� C C�, T �� z�� k�E .�va�ft�y �� l� .✓,r`��'S"��N � � �� r- -� �,, -� 6 � �. v� � . ,r� '=G,� �'1 (�% ti� �� s, l � � n� 6' �y 7 r / / T� /"-' Lj (� l/J � - •�. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 � � '� qTY 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 senrices, 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. ('i-fD/572-3534) �'I•�3C� PLEDGE OF ALLEGIANCE. PROCLAMATION: B. William Ekstrum Appreciation Day (December 12, 2005) PRESENTATION: Laser Radar Unit to the City of Fridley Police Department by the Minnesota Department of Public Safety for the Safe and Sober Project �� -��' APPROVAL OF PROPOSED CONSENT AGENDA: r��.v/ras� APPROVAL OF MINUTES: City Council Meeting of November 21, 2005 OLD BUSINESS: 1 Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #05-04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132 River Edge Way) (Ward 3) ............. 1- 3 ��, 9 NEW BUSINESS: 2. Extension of Preliminary Plat Request, PS #03-18, by Town Center Development, Generally Located at 1282 Mississippi Street and 6490 Central Avenue N.E. (VNard 2) - .................................. 4 5 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Approve Comprehensive Sign Plan for Creekside Properties, Generally Located at 7101 Highway 65 N. E. (Ward 2) ................... 6- 9 4. Resolution Approving a Plat, P.S. #05-04, Lots 1 and 2, Olivia Grove, by the City of Fridley, for the Purpose of Creating Two Lots, Generally Located at 753 and 755 - 53nd Avenue NE, Fridley, MN (Target Corporation) (UVard 1) ............................ .............. 10 -14 �5�� 5�� ` � S� � � � � i�� - �` P� � Z 5. Resolution Approving Recycling Service Fees............:................................... 15 - 16 / �� 7 Resolution Providing for Sewer Rate Increases ........................................ 17 -18 1� Resolution Providing for a Storm Water Drainage Rate Change ................................... 19 - 20 �� 8. Resolutio Pr viding for'Water Rate Chan .�.�.�.. J..��. .......... 21 - 22 ` e �� 9. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley American Legion, Post 303, Generally � Located at 7365 Central Avenu �N��„ q� 24� (Ward 2) . '`�'2 - .... .. ..v. .. �8 �'� �S� . Q��-��.�, (J�U� ° L ,�'�,� l��d D c� S �� -�- - a-�-��- � � � � �., . . FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: PUBLIC HEARINGS CONTINUED : 8� 3�"1 �'"� �� ,a �12� /��/�-. NEW BUSINESS (CONTINUED): 17. Consideration of an Ordinance Amending Chapter 205.04 of the Fridley City Code Pertaining to Gener 10. Resolution Approving and Authorizing Signing an Provisions (Text Amendment, TA #05-06, Agreement with Police Officers of the City of Fridley Nonconforming Uses and Police Department for the Years 2006 and Structures) ................................... 60 - 63 2007 ................................................ 25 - 50 �.'-�a-�-� � � � 3 � '''n a � �,e�J�-�� 11. Appointment - City Employee ........ 51 � ��..e �' S�n ��—) �; c h �.e �"ez,�b� y �� 12. Claims 13. Licenses 14. Estimates 52 53-54 ........................... 55 aa� �a �- ADOPTION OF AGENDA. p. 8� K`�%��- OPEN FORUM (VISITORS): Consideration of Items not on Agenda -15 Minutes p,�✓ � �. •� 3 r� �c� a��,� �18. Consideration of an Ordinance Amending Chapter 110 of the Fridley City Code Pertaining to Water Quality (Text Amendment, TA #05-07, Hazardous Material Dumping and Waterfowl Feeding) ................... ......... ......... 64 - 67 C�� i ; � g P � /� $�� t-8jR�3%g� ,/19. Consideration of an Ordi afi nce Repealing Chapter a 105 of the Fridley City Code Pertaining to Landscap� Maintenance (Text Amendment, TA #05-08) ...... ........ ....... 68 - 73 C�-=-�-� �G1". S% ✓�'��(2w�� _. __ 9;S`7 m�� gl�I�� 20. Consideration of an rd0 inance Repealing Chapter 208 of the Fridley City Code Pertaining to StormwaterManagement and Erosion Control (Text Amendment, TA #05-10) . .... 74 - 97 �`�- �g1�1,�--�1�.- �v = z8' PUBLIC HEARINGS: /,L,,,,� -� : ,�� I�a�� 15. Consideration of Neighborhood Street Improvement Project No. ST. 2006 —1 ................ 56 C.�-�e�. $. zv p�, a�,� f s��.�� 16. �,��./ �'-, z I Consideration of an Ordinance Ame�d ngBJ �� Chapter 205 of the Fridley City Code Pertaining to Curbing and Drainage Requirements (Text Amendment, TA #05-05, Curbing and Drainage Requirements) ............... 57 - 59 ��iL�a�e� �I} fj/ � �3�+4 �/�}-- 8' ; �-t p ^" NEW BUSINESS: 21. Resolution Certifying Final Tax Levy Requirements for 200 t h Cou of Anoka ..... 98 - 99 ,�:��,��'',�- g �1 � /)G�` �� "/Zw A��/�- 22. Resolution Adopting the �inal Bu�lget�for th�iscal Year 2006 ...... ......... ......... .......... 100 -102 �a�F- �+� `'1) a a e��) �� C� `�i 23. Informal Status Reports ...... .......... 103 �� l t ` U � �'� � �� J� � ADJOURN. ��-v(�.t n� � v�.�, �:K4-�'�• � � CITY COUNCIL MEETING OF DECEMBER 12, 2005 CffY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: B. William Ekstrum Appreciation Day — December 12, 2005 PRESENTATION: Laser Radar Unit to the City of Fridley Police Department by the Minnesota Department of Public Safety for the Safe and Sober Project APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 21, 2005 OLD BUSINESS: Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #05-04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132 River Edge WaY) �Ward 3) .............................................................................. 1- 3 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. Extension of Preliminary Plat Request, PS #03-18, by Town Center Development, Generally Located at 1282 Mississippi Street and 6490 Central Avenue N. E. (Ward 2) ........................................................ 4- 5 3. Approve Comprehensive Sign Plan for Creekside Properties, Generally Located at 7101 Highway 65 N.E. (Ward 2) ....................................................................................................... 6 - 9 4. Resolution Approving a Plat, P.S. #05-04, Lots 1 and 2, Olivia Grove, by the City of Fridley, for the Purpose of Creating Two Lots, Generally Located at 753 and 755 53rd Avenue NE, Fridley, MN (Target Corporation) (Ward 1) ....................................................................................................... 10 - 14 5. Resolution Approving Recycling Service Fees ................................................ 15 - 16 6. Resolution Providing for Sewer Rate Increases .............................................. 17 - 18 7. Resolution Providing for a Storm Water Drainage RateChange ................................................................................................... 19 - 20 8. Resolution Providing for Water Rate Change ................................................. 21 - 22 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley American Legion, Post 303, Generally Located at 7365 Central Avenue NE (Ward 2) ................................................ 23 - 24 10. Resolution Approving and Authorizing Signing an Agreement with Police Officers of the City of Fridley Police Department for the Years 2006 and 2007 ............................................ 25 - 50 11. Appointment - City Employee ......................................................................... 51 12. Claims ....................................................................................................... 52 13. Licenses ....................................................................................................... 53 - 54 14. Estimates ....................................................................................................... 55 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 4 PUBLIC HEARINGS: 15. Consideration of Neighborhood Street Improvement Project No. ST. 2006 — 1 ................................................................................. 56 16. Consideration of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Curbing and Drainage Requirements (Text Amendment, TA #05-05, Curbing and Drainage Requirements) ............................................................ 57 - 59 17. Consideration of an Ordinance Amending Chapter 205.04 of the Fridley City Code Pertaining to General Provisions (Text Amendment, TA #05-06, Nonconforming Uses and Structures) ...................................................................................................... 60 - 63 18. Consideration of an Ordinance Amending Chapter 110 of the Fridley City Code Pertaining to Water Quality (Text Amendment, TA #05-07, Hazardous Material Dumping and Waterfowl Feeding) ................................................................... 64 - 67 19. Consideration of an Ordinance Repealing Chapter 105 of the Fridley City Code Pertaining to Landscape Maintenance (Text Amendment, TA #05-08) .................................................... 68 - 73 20. Consideration of an Ordinance Repealing Chapter 208 of the Fridley City Code Pertaining to Stormwater Management and Erosion Control (Text Amendment, TA#05-10) ...................................................................................................... 74 - 97 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 5 NEW BUSINESS: 21. Resolution Certifying Final Tax Levy Requirements for 2006 to the County of Anoka ..................................................................... 98 - 99 22. Resolution Adopting the Final Budget for the Fiscal Year2006 ....................................................................................................... 100 - 102 23. Informal Status Reports .................................................................................. 103 ADJOURN. � � � � � � B. WILLIAM EKSTRUM APPRECIATION DAY December 1Z, Zoos �t�� WHEREAS', Bill Ekstrum is being appointed Judge of the Tenth District Court seated in Washington County on December 13, 2005; and WHEREAS, Bill Ekstrum has served the City of Fridley as a prosecutor for over 25 years; and WHEREAS', Bill Ekstrum represented residents of Fridley as a skilled and capable attorney with the law firm ofNewquist and Ekstrum beginning in 1980; and WHEREAS, Bill Ekstrum worked on behalf of a great many deserving and financially challenged clients in our community pro-bono; and WHEREAS', Bill Ekstrum toiled diligently on behalf of victims of domestic violence by working with the Domestic Violence Justice TaskForce ofAnoka County; and WHEREAS, Bill Ekstrum improved the greater Fridley Community as a member and past president of the Fridley/Columbia Heights Rotary Club; and WHEREAS', Bill Ekstrum belongs to the Metro North Chamber of Commerce and served on the Board ofDirector; and WHEREAS, Bill Ekstrum benefited area residents by sitting on the Board of Directors of the Emma B. Howe Family YMCA; and WHEREAS', through all of these activities and services, Bill Ekstrum has made a significant contribution to the quality of life for residents of the City ofFridley; NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim December 12, 2005, as B. WILLIAM EKSTRUM APPRECIATION DAY in the City ofFridley, Minnesota. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affzxed this 12th day ofDecember, 2005. Scott J. Lund, Mayor CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 21, 2005 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:34 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Bolkcom Councilmember Wolfe OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Director of Public Works Brian Weierke, Police Captain Don Abbott, Director of Public Safety Julie Jones, Planning Coordinator CONGRESSIONAL UPDATE: U.S. Representative Martin O. Sabo provided a legislative update. He said there are two big issues remaining for this year: the Labor, Health, and Human Services Education appropriation bill and the Defense appropriation bill. The other appropriation bills have all been passed. One that may be of particular interest for Fridley is the transportation bill in which they have continued some funding for the Northstar Corridor proj ect. The amount of $2 million was provided this year. There is some money that was appropriated in 2003 that is also available. Congressman Sabo stated there are other issues that may or may not be resolved in December. He felt there would always be the ongoing debate of our policy in Iraq. He is unsure there would be any particular votes on that matter. Councilmember Billings asked what committees he served on. Congressman Sabo said he served on the Appropriations Committee for 27 years. That is the committee that allocates money for all of the agencies that they provide money to on an annual basis. He served on the Budget Committee in 1993 and 1994. As part of the appropriations FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 2 Committee, he is a member of the Defense Subcommittee and is the ranking democrat on the Homeland Security Subcommittee. Mayor Lund asked how the United States was going to pay for the costs of the war and the natural disasters we have had. Congressman Sabo replied some of it gets built into our regular budget, like the Department of Homeland Security. Some costs increase the short-term debt of this country and causes significant taxes. William Burns, City Manager, commented that this was Congressman Sabo's second time serving the people of Fridley. Congressman Sabo stated it was nice to get back. Dr. Burns asked if he heard much from the people of Fridley. Congressman Sabo replied some on general questions. Patricia Freeburg, 5557 East Danube Road, said she read in the paper that the government is now is reneging on the amount of promised aid to Louisiana and Mississippi. She asked if that was true. Congressman Sabo said he had not read that story. There are so different ways aid is given. They have appropriated over $60 billion for disaster relief at this point. Only about $20 billion has been spent, so there is a significant amount of money still available for dealing with disaster relie£ A lot of payments go directly to individuals. He encouraged people to call him with questions or problems. Dr. Burns stated the congressman has agreed to do a cable interview. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 7, 2005 APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 220 of the Fridley City Code, Residential Rental Property Maintenance and Licensing Code, as it Pertains to Reinspection Fees. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 3 Dr. Burns, City Manager, stated the amendment moves fees from Chapter 220 to Chapter 11. The amendment also provides for denial of a license at the time of renewal. Staff recommends Council's approval. WAIVED THE SECOND READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1213 UPON SECOND READING AND ORDERED PUBLICATION. 2. Second Reading of an Ordinance Amending Chapter 104 of the Fridley City Code Pertaining to Diseased Tree Removal Assessment Fees. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 3. Receive the Minutes from the Planning Commission Meeting of November 2, 2005. RECEIVED. 4. Resolution Receiving the Feasibility Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Neighborhood Street Improvement Project No. ST. 2006 — 1. Dr. Burns, City Manager, stated this resolution accepts our consultant's feasibility report and establishes a public hearing for the project on December 12. An open house has been scheduled for Wednesday, November 30. Staff recommends Council's approval. Councilmember Bolkcom asked what area was covered by the street improvement project. Jon Haukaas, Director of Public Works, stated the 2006 street improvement project will be in the center part of the city. The area covered includes the neighborhood south of Community Park, north of Rice Creek, and then in the center part of the City, north and east of Hayes School, Madison Street, Pandora, Caniston, Overton, Jackson Street, also going south of Mississippi Street. The open house will be on Wednesday, November 30, at 7:00 p.m. in the Council Chambers. The project will be explained in more detail at that time. Representatives from the Rice Creek Watershed District will also be present to talk about some of the storm water issued involved. ADOPTED RESOLUTION NO. 2005-67. 5. Resolution Abating a Portion of the Assessment for Certain Properties within the 2005 — 1 Street Improvement Project. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 4 6. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley Lions Club (Joe DiMaggids) (Ward 2). Dr. Burns, City Manager, stated this application is for the renewal of the gambling premise permit for Joe DiMaggio's from March 1, 2006, to February 28, 2008. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-69. 7. Resolution Authorizing an Increase in Compensation and Changes in Certain Benefits for the 2006 Calendar Year. Dr. Burns, City Manager, stated this resolution provides for a 3 percent cost of living adjustment and an increase in applicable automobile allowance. The amount is consistent with increases approved for union employee groups as well as with increases in other cities. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-70. 8. Claims (124058-124356). APPROVED. 9. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 10. Estimates. APPROVED THE FOLLOWING ESTIMATES: Shank Construction, Inc. 3501 — 85th Avenue North Brooklyn Park, MN 55443 Commons Park Treatment Plant Upgrade Proj ect No. 3 57 Estimate No. 1 ...............................................$ 46,654.00 BCG Construction, Inc. 3117 Salem Avenue South St. Louis Park, MN 55416 2005 Miscellaneous Concrete Repair Proj ect No. 3 59 Estimate No. 5 ................................................$ 4,734.94 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 5 Dave Perkins Contracting, Inc. 14230 Basalt StreetN.W. Ramsey, MN 55303 71 '/z Avenue Street Improvement Proj ect No. ST. 2005 — 3 Estimate No. 1 ................................................$ 51,157.50 Councilmember Bolkcom requested that Items 2 and 5 be removed and placed on the regular agenda. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Items 2 and 5. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Items 2 and 5. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORM (VISITORS): Donald E. Anderson, Jr., 7304 West Circle NE, asked why cars were always in the Cattle Company parking lot. He has seen people sleeping in their cars. Mr. Abbott, Public Safety Director, stated for the most part the property around the Cattle Company would be considered private property. He told Mr. Anderson if he saw someone sleeping in a car in the parking lot to call 911 and an officer would be called out to check to make sure the person is okay. PUBLIC HEARINGS: 11. Consideration of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #05-04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132 (River Edge Way) (Ward 3). MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:52 P.M. Julie Jones, Planning Coordinator, said the petitioner is Peter Borman who lives at 120 River Edge Way. The petitioner, on behalf of the owners of 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way is requesting to rezone these properties from R-3, Multi-Family, to R- 1, Single Family. The petitioner has contacted all of the above property owners regarding the rezoning request and the City has received signatures from all of them. All of the properties requesting to be rezoned were developed as single-family homes between the years of 1957 through 1961. They are all zoned R-3, Multi-Family and have been since the City's first zoning map dating back to 1958. The 1958 zoning map shows an R-3, Multi-Family, zoning designation starting at the south edge of River Edge Way (61st Way) and extending all the way to Interstate 694. Sometime between 1958 and 1962, the school district purchased the land south of the subject properties, which resulted in a change of zoning from R-3, Multi-Family, to P, Public. As a result of the school property being rezoned to Public, a strip of R-3, Multi-Family land remains as a remnant of what was once a very large R-3 zoned property. The petitioner and his neighbors would like to see the current zoning changed to reflect the current land use, which is single family. Ms. Jones said that while single-family homes are a permitted use in the R-3 zoning district, changing the zoning to the land's current use will allow the single-family neighborhood to remain the same as it exists today. The law gives the City the authority to rezone property from one designated use to another, as long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designates this area as "Single Family." Rezoning these properties from R-3, Multi-Family to R-1, Single Family is consistent with the Comprehensive Plan and will promote preservation and reinvestment of the existing single-family neighborhood. The Planning Commission held a public hearing on this item on November 2, 2005, and unanimously recommended approval. Staff recommends Council's approval. Councilmember Bolkcom asked if staff could have brought this before Council. Ms. Jones replied staff could have done that, but did not really see a problem. The petitioner chose to bring it forward. Councilmember Bolkcom asked if a fee was involved. Ms. Jones replied there is a fee involved. Since single-family is a permitted use in the R-3 zoning district, staff does not typically go out and change that zoning. Councilmember Bolkcom asked what the fee was. Mayor Lund said it was $1,500. Keith Olson, 112 River Edge Way, said at the Planning Commission meeting he asked if the City would be willing to waive the fee if there were any unusual circumstances. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 7 Mayor Lund replied that is something they could consider. Councilmember Bolkcom asked staff if they had ever waived any fees on anything similar to this. Scott Hickock, Community Development Director, said he cannot recall a situation where a group of residents have asked for a collective rezoning and they have waived the fees. It is something that he thinks should be put into the record that Council did take the approach at the time the Comprehensive Plan was adopted that there is an inconsistency and Council chose to take those on a case-by-case basis. There was not an urgent need to modify the rezoning unless there are petitioners. This is a bit different than the taxpayers just paying for staff time. There is a certain group who are getting a specific benefit to their property. Dr. Burns stated just to be clear on the record, he believed there times when they have waived the fee. Mr. Hickok stated Council has the ability to waive the fee at its discretion. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE PUBLIC HEARING CLOSED AT 8:10 P.M. 12. Consideration of an Ordinance Creating Chapter 205.32, 0-7, of the Fridley City Code Pertaining to Shoreland Overlay District. MOTION by Councilmember Barnette 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 PUBLIC HEARING OPENED AT 8:12 P.M. Ms. Jones, Planning Coordinator, said this text amendment is for a Shoreland Overlay District in Fridley. Fridley needs to bring shoreline building requirements into conformity with the State mandate that was passed many years ago which was designed to protect public waters from overdevelopment. Even though Fridley is a fully-developed community, this is something we are still required to do. Ms. Jones stated in 1988, Fridley's staff began drafting a shoreland overlay ordinance in preparation for a 1991 DNR mandate. Debate over details of the ordinance continued through the early 90's. Staff requested flexibility from the State standard to only include first-tier properties. There was an issue about the DNR wanting us to include property within 1,000 feet of the first and second tier properties. Council was very concerned about creating many non- conforming properties by doing that, and the ordinance was shelved after some debate. Lack of a shoreline ordinance is a concern again, and staff has been warned that they need to adopt one FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 8 before we present the next Comprehensive Plan update. Fridley shorelines are fully developed and it is in the best interests of the City to protect our waters. Many cities upstream from Fridley have not yet passed a shoreline ordinance. Staff has found that it is important for Fridley to have sound protections in place if we plan to go to our neighboring cities upstream, there are 28 of them in the Rice Creek Watershed District alone, and request them to implement similar code language to help protect Fridley public waters. Also in 2000, the City started the implementation phase of the Springbrook Watershed Clean Water Partnership grant project. This included a commitment to study ways that Fridley could protect surface water quality through ordinance changes and to share the findings with the other three cities involved in the project. Two of them do not have shoreline ordinances right now. Ms. Jones stated the current shoreland proposal was developed by staff after consulting with the DNR. The DNR suggested that we use New Hope's shoreland ordinance as a model. She said the Shoreland Overlay District would be overlaid over the other zoning districts that apply. The ones that are the most stringent are the ones that would be applicable. We have the Critical Overlay District in place now which affects property in the City from East River Road West to the Mississippi River. That overlay district contains a lot of the same language that is in the Shoreland Overlay District proposal. There is also the Creek and River Overlay District which pertains to language about building in the floodway. It gets a bit confusing for some people who own some of these properties because they are dealing with multiple regulations and different overlay districts in the code. The properties that will be affected by this overlay district include properties directly abutting shoreline or within a certain distance of it, or first-tier properties. Ms. Jones stated the overlay district includes 437 private parcels and some public parcels as well. The properties that have been included are properties around Moore Lake, Spring Lake, Locke Lake, Harris Pond, Farr Lake, the main wetland in Springbrook Nature Center, Mississippi River, Norton Creek, Oak Glen Creek, Rice Creek, Springbrook Creek, and Stoneybrook Creek A problem in the past was that this would make many properties non- conforming and people would not be able to rebuild on the property if there was a catastrophe and their structures were destroyed. The State statute was changed last year and it allows for the rebuilding of non-conforming properties. So even if this overlay district creates a non- conforming situation, they will be allowed to rebuild that property as long as they do not expand the footprint of that property. They will also be allowed to maintain that property, to do any sort of interior renovations that would not change the footprint of the structures. Staff is also in the process of updating our non-conforming section of the zoning code to match the change in the State statute. Ms. Jones stated there are three core components to the Shoreland Overlay District. One is lot coverage requirements for shoreland property. The second is setback requirements for structures on shoreland property. The third defines a variance process. As far as lot coverage on shoreline properties, this overlay district redefines what they consider lot coverage. The shoreline overlay includes the square footage of structures and any other impervious surface such as driveways, patio areas, swimming pools, and basketball courts. Ms. Jones stated the second main compliance is the setback This gets a little confusing because of the setback requirements from the ordinary high-water mark and setback requirements from FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 9 the bluff line, but the setback requirements for the ordinary high water marks are setback at 50 feet with the exception of 100 feet on the river and that is to coincide with the language that is already in place in the Critical Area Overlay District for the Mississippi River. The setback requirements from the bluff line, or whichever one is the furthest distance back, is the one that people would have to abide by. In some situations, they have both. The setback requirements for all water body types would be 40 feet from the bluff line. That creates what they call a bluff impact zone which is that area between the bluff and the 40 feet area back on the property and nothing would be allowed to be built in that bluff impact zone except for stairways and landings. For people who live near the river, this requirement is already in place with the existing Critical Overlay District. As far as the variance process, this is laid out in the draft ordinance in regards to the 35 percent lot coverage. There is also a clause near the end of the draft code for decks which allows people to add decks on their property without applying for a variance. Ms. Jones stated the Fridley Environmental Quality and Energy Commission reviewed and recommended approval of the draft Shoreland Ordinance. The Planning Commission held a public hearing on November 2 and unanimously passed a motion to present it to Council. Staff concurs with the Planning Commission's recommendations. The next step in the process would be the first reading of the ordinance which will likely occur at the December 5 City Council meeting. The DNR has indicated that they will work very hard to provide feedback prior to that date. Councilmember Billings asked if there is already an overlay district along the Mississippi River that is 100 feet back and 40 feet from the bluff, what impact will this particular ordinance have on those properties. Ms. Jones said the only change in this zoning overlay for people living on the river is the 35 percent lot coverage requirement. Councilmember Billings said with the current State legislation, if something were to happen and they had to rebuild, they would be able to rebuild in the same location and at the same size. They just could not expand. Ms. Jones replied correct. Councilmember Billings asked what this would change for people who live by creeks and streams. Ms. Jones replied it is really putting a new set of requirements in place because the Creek and River Overlay District is designed basically to prohibit the building in a floodway or flood fringe area. Most of these properties that are in this proposed shoreline overlay district are also impacted a bit by part of their property being in the floodway or flood fringe. They cannot build at all in those areas. What staff would have to do is look at any application and determine which are the most restrictive requirements. Councilmember Billings said so this would impact quite a few properties along the creeks. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 10 Ms. Jones replied, yes. Councilmember Billings asked about the lakes. Ms. Jones said it may be new for Harris Pond and Farr Lake because she believes they do not have any area covered by any overlay district. With respect to Locke Lake and Moore Lake, most of those properties do have areas in the floodway or the flood fringe. Councilmember Bolkcom asked what would happen if Fridley does not approve this by 2008. Ms. Jones replied they have been told by the Metropolitan Council that the City must have a shoreline ordinance in place to get our next Comprehensive Plan update approved, which would be in 2008. Councilmember Bolkcom asked what jointly applied meant. Ms. Jones stated if they have an application that had area in the back yard that was included in the floodway, you would have to look at those requirements that are in place in the Creek and River Overlay District that addresses building in the floodways. Staff would also have to analyze how the requirements for the shoreline overlay apply on top of the requirements that are in the base zoning district. Councilmember Bolkcom asked about the letter Ms. Jones wrote to Tom Hovey from the DNR. She was concerned that they had not heard from him. She did not want to vote for this until she saw something in writing that they are agreeing to the 35 percent lot coverage. Ms. Jones said they had not heard from him. She said he is the sole person who reviews their draft overlay district, and he has been in approval of it in telephone conversations thus far. Councilmember Bolkcom said she would like to see it in writing. She asked whether at some point will there be definitions of a recreational lake, a general development lake and a natural environmental lake. Ms. Jones said it is her understanding that is defined in the State statutes. She did not think a definition needed to be included in the City's code. Councilmember Bolkcom asked about measures related to impervious surfaces. She asked if this was going against the City code related to hard surfaces. Ms. Jones replied this is all about protecting the waterway and the reason why they required paved surfaces in the City was because loose gravel and soil were washing into the streets and public waterways. The material carries a lot of harmful metals and chemicals with it. Councilmember Bolkcom stated in Section (E) it says "Construction sidewalks and driveways of partially pervious raised materials such as decking which has ...." She asked if staff could look at this. She asked staff to explain about the section on non-conformities. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 11 Ms. Jones said this language was taken from the New Hope code. She said this is a big concern with people who live on the waterways. They want to be able to replace their decks, for example. Staff believed they should keep the language in there. This allows people to add new decks or deck additions without a variance process. Councilmember Bolkcom said the section did not say anything about new. She said she was talking about the sentence before 3(a). She thought it could be clearer. Mayor Lund asked what the code says under Section 205.32.5.8. Ms. Jones stated that is the variance section of the Code. Mayor Lund said he agreed with Councilmember Bolkcom. He would like a definitive answer from the State. He would like to know what constitutes an acceptable variance. Ms. Jones said Section 205.32.8.0 is the procedures for a variance. It requires people to come up with a variance request and address a unique situation. This overlay district goes a little bit further and that is why it has the additional variance section. It sets forth some examples of what people might do to mitigate the impact of an added impervious surface. Councilmember Bolkcom said if you live on the creek or Locke Lake for example is there some possibility the DNR or the Rice Creek Watershed District could say we do not think you should have it more than 25 percent. Mr. Haukaas, Public Works Director, said typically the Rice Creek Watershed District does not look at lots smaller than about 2'/z acres. They could, but historically, they have not looked at the individual cases of a residential development to his knowledge. Councilmember Bolkcom said her neighbor is building some retaining walls and they had to sign off on it. Mr. Haukaas replied that is different than a building. That is an improvement directly on the shoreline which is within their jurisdiction and would require a permit. Councilmember Bolkcom stated what they are both saying is that as far as additions and buildings, unless it is right down along the water, along the shoreline, they are really not involved unless it is over 2'/z acres? Mr. Haukaas stated he has not been involved in anything of that nature, no. Councilmember Bolkcom asked if it affected any public property or any of their street reconstruction projects or anything else. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 12 Mr. Haukaas said it would apply restrictions on how close we could develop to the lakes, creeks, streams or rivers. He does not believe it would affect any of the City's street projects at this point. Councilmember Bolkcom asked if it would affect any lift stations. Mr. Haukaas replied, no. Councilmember Barnette asked who establishes the high water mark and the bluff line. Mr. Haukaas said the Rice Creek Watershed District has done studies on Rice Creek, and they set that. It is true that the bluff lines could change. Councilmember Barnette stated he sees a number of residents that are present at the meeting who live on Oak Glen Creek and Stoneybrook, which both have had major flooding problems and washouts. He asked how a line was established there. Mr. Haukaas replied regarding a bluff line, basically it is where the slope changes to a point where it exceeds 12 percent. That is something that can be measured. Over the years that has changed. Dirk Schindel, 6270 Riverview Terrace, asked what the benefit was for the City and the property owners. He asked what the City's role would be. He said in talking about adjusting setbacks and distances, why don't those agencies that demand it do it on their own rather than create another administrative district. Councilmember Billings replied that would be a very good question for the State legislature because this is not a decision that was made by City staff. It is mandated by the Minnesota State legislature and is being enforced by the Metropolitan CounciL Mr. Schindel asked what benefit this will have to the City of Fridley and its citizens. Since the City is very near 100 percent developed, it is not going to have a lot of real benefit. It is something the State says the City has to do. Mr. Schindel said he would encourage Council to ask the State that question. He asked about the permit or variance application. Councilmember Billings replied he would still need to apply to the Rice Creek Watershed District and the DNR for any permits. All this ordinance means is when you apply for a building permit with the City, we would look to see where you are building and whether it falls within these requirements. Mr. Schindel asked if the City would inherit an enforcement burden. Councilmember Billings said we still need to look at all of the zoning ordinances before a building permit is issued. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 13 Patricia Freeburg, 5557 East Danube Road, stated she lives on Farr Pond. She asked what would happen to the path around the pond. Mr. Haukaas said the path around Farr Lake has been in terrible condition for some time. They had planned to remove the path this fall but could not because of the storm. They are looking at removing the asphalt in the spring and replacing it with a gravel path. Ms. Freeburg asked if it will be in compliance. Mr. Haukaas said it would. Ms. Freeburg said she did not think gravel would work It would wash into the pond and wash pollution into it. She thought something more needed to be done. Her other question is she discovered that her house was built on an unbuildable lot. If there is enough rain, there is water in her grass all the way up to the back of her house. She asked how the high water mark would be determined for her home. Mr. Haukaas said it is the ordinary high water mark, where the water normally is and that is defined in State statutes by the type of vegetation. If it is not an obvious delineation, then they look at the vegetation to see if there is aquatic or grass to determine where that delineation is. Councilmember Wolfe asked it they would be putting pipes under the gravel path. Mr. Haukaas said there are several sections where there is irregular flow across or under the path, and they would put small culverts where necessary. Mayor Lund asked if they could replace it with asphalt. Mr. Haukaas said they could. Mayor Lund stated but they could not add a new one if it was not already there. Ms. Jones replied this would be different because it is actually part of public land. Jerry Bahls, 7514 Alden Way, said he was a little confused by Section 8 of the ordinance. Ms. Jones suggested that he look at the critical area overlay language that already applies to him. It is her understanding that this language pretty much matches what we have in the existing overlay. Mr. Bahls said Section 8 talks about the provisions which are not applicable like removing dead and diseased trees and limbs and those that pose safety hazards. He would propose they add noxious weeds, particularly Buckthorn. Ms. Jones said they will look into that. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 14 Richard Harris, 6200 Riverview Terrace, said he is surprised in the proposed ordinance that it is 50 feet. He asked how this ordinance fit in with the wild and scenic river designation on the Mississippi that runs from Anoka to Hastings. Mr. Hickok, said they looked at the Natural Scenic Riverways regulations. Ms. Jones stated she was assuming that was all reviewed when they did the Critical Area Overlay and the setback requirements that they were talking about were all analyzed at that time. Mr. Harris stated that was the critical area that was done previous to the designation of wild and scenic rivers. Critical areas have been in place for about 20 years. He is surprised the numbers have to 50 feet and a 40-foot bluff line which was never mentioned along the lakes. That was always a minimum of 75 feet. He asked if there were new regulations. Mr. Hickok stated when the last version of the Comprehensive Plan was adopted, staff took a look at the wild and scenic designation and agreed to adopt the Mississippi National River and Recreation Area guidelines. They agreed to build them into the Comprehensive Plan. They have also been comparing those against regulations they had for setbacks. If there is any conflict, the stricter requirement would apply. Dr. Burns asked if the vegetation requirements in the Shoreland Overlay District are stricter than the 1VINRRA rules. Mr. Hickock said they match. Mr. Harris asked if he complied with the 40-foot bluff line and the 100-foot setback from the river, could he expand his dwelling towards the street. Ms. Jones replied a person could, provided they are meeting their front yard setback requirements. They would still have to meet the other setback requirements of the zoning districts. Mary Vasecka, 6909 Hickory Drive NE, asked if the affected property owners should have been invited to the Planning Commission meeting about this ordinance. She asked if feeding the wildlife was part of that ordinance. Ms. Jones stated the Planning Commission held other public hearings on various text amendments. Public hearings for those amendments will be held at the City Council meeting on December 12, 2005. Ms. Vasecka strongly recommended that nothing be passed until they have received everything in writing from the watershed district and the DNR and it is notarized. She also had a question about her specific property and what she would need to do if she wanted to remodel. Ms. Jones said she has to meet all of the setback requirements. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 15 Mayor Lund said the notice was published for the Planning Commission meeting, and individual notices went out for the Council meeting. Ms. Vasecka said it is her understanding that the other 28 communities in the Rice Creek Watershed District will need to have the same shoreline plan submitted to the Met Council by the 2008 deadline. Ms. Jones said that is what they have been told. Ross Meisner, 7836 Alden Way, asked if there was a shoreline overlay in place that had been approved by the DNR in this vicinity. Ms. Jones said New Hope has one, and there are probably more. Mr. Meisner asked where he could find information on how this affects the landscaping within the bluff line. Ms. Jones replied there is some information on the City's website. Leif Nelsen, 7190 Riverview Terrace, asked what the 35 percent encompasses. Ms. Jones said the calculation will be done strictly on the square footage of the lot. Mr. Nelsen said he is on the river. Looking at the lot plat, it is like 175 feet from the river up to the bluff, and it is a pretty steep bank, and then it goes back another 175 feet. He asked if the 35 percent coverage include the 175 feet from the river to the top of the bluff and then from the bluff to the street. Ms. Jones said it would include all of the property that he owns down to the river. Mr. Nelsen asked since he is exceeding that now, if he had some plans to do some renovations and redo the driveway, would that be grandfathered in. Ms. Jones replied he could resurface it without applying for a variance. If he is talking about adding onto his home and he is already at the 35 percent lot coverage, he would need to apply for a variance to exceed the 35 percent lot coverage. Mr. Nelsen asked if what he has is over 35 percent and he wants to put in a new driveway, would it be grandfathered in. Ms. Jones said he would be allowed to replace the driveway as it exists. If he wanted to expand, he would need to apply for a variance. Don Curtis, 361 Ely Street NE, said Springbrook runs through the back of his property. He was talking to his neighbor and he heard about property taxes going up in other communities that have the zoning. He asked if that was going to happen. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 16 Councilmember Billings stated this should have no impact on the value of his property. John Fink, 465 Rice Creek Terrace, said he is concerned about the bluff line. He is concerned about how it would affect his property and any renovations he wanted to do. Mayor Lund stated they understand it is going to affect a number of property owners. He can still build, rebuild, repair and renovate it in that same footprint. Mr. Fink stated from the way it is worded, it looks like all he can do is go up. Councilmember Bolkcom said staff should be able to work with him and help him define where his property is and what he can and cannot do. Tim Hoglund, 148 River Edge Way, stated he moved into an older home three years ago and he would like to make some changes at some point, but he is not sure what they are. He has a very long lot. It is 350 feet from the bluff line to the high water mark. He asked where the bluff line was for his property. Mayor Lund asked how close it is from the top of the bluff line to the back of his home. Mr. Hoglund said it is about 35 feet. He asked how he could find out if these changes would affect him. Councilmember Billings stated the only impact would be if he would qualify for doing any improvements based on whether he had more or less than the 35 percent lot coverage. Unless he has a tremendous amount of impervious surface, it is highly likely that this will have no additional impact. He will, however, be impacted by those ordinances already in place. Councilmember Bolkcom suggested that Mr. Hoglund talk to staff. Ms. Jones stated staff often does not have the ability to make that determination. They rely on the person coming in with the application to provide them with a survey that has topography measurements and elevations on it. Without that information, staff cannot make a determination of where the bluff line is. If Mr. Hoglund is planning on making improvements, the restrictions are already in place now. He will need to have a survey for staff to review. Mr. Harris stated one of the problems along the river has been uncovered decks and asked if the ordinance affected them. Ms. Jones replied she did not see where it was any different. Mr. Hickok stated it would need to be a legally conforming structure and that is where some of the problems have been. Kris Schmitt, 7736 Alden Way NE, said she lives on the end of Stoneybrook and her property is non-conforming. She asked if this ordinance would impact the selling of her home in the future. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 17 Mayor Lund stated not as he reads the proposed ordinance. She could rebuild if a tornado hit her home. She could not expand the footprint though to build a larger home that is closer to the bluff line than it already is. Ms. Schmitt said she thinks she owns the property on both sides of Stoneybrook Creek but there is a big easement in there for the storm sewer and storm runoff. She asked if that property was considered part of what would be considered the 35 percent lot usage. Mayor Lund said the easement is still her property. Ms. Schmitt said there have been problems with diesel spills in the creek and when it rains, there is a torrent of water going down the creek She asked if the City was trying to find out where the diesel spills were coming from and do something about them. The whole idea from these ordinances is to safeguard the river and shoreline. She asked about the grates along Stoneybrook. Mr. Haukaas stated Stoneybrook Creek is a short piece of creek, the rest of it is pipe. He said he would check on that. The problem with grates in that area is that they catch a lot of debris, get clogged, and then start flooding on the upstream side of East River Road and then starts flooding into the Onaway District. It is a very short section and unfortunately things do get dumped there. They do check it on occasion and remove debris. They have worked with the Fire Department tracking some of the spills and they are reported to the MPCA. Josh Welter, 77 Rice Creek Way NE, asked why there is an overlay on top of everything. Ms. Jones replied a critical overlay only applies to property from East River Road west of the Mississippi, so it only applies to property on the Mississippi River. The DNR is of course requiring that they put shoreland ordinance restrictions in place for all shoreland properties. On Locke Lake you are likely to have some restrictions from the creek and river overlay that addresses property in the floodway. There are different needs for different property in the City. Mr. Welter asked if there was a way to change any of the numbers. Ms. Jones said they have asked for some flexibility in the rules. Mr. Welter asked what would happen if the State were to change the law. Ms. Jones replied State law supercedes City code so they would have to abide by State law. Mr. Welter stated when they moved here in January this year they were looking at several areas and they liked the lakeshore that they got. They looked at the Comprehensive Plan and they liked the fact that the City of Fridley wanted to have more big single-family homes and they would like to expand their house to cover a little bit more of the property and go to a second level. They do not want to lose that capability. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 18 Ms. Jones stated that is something they did not really explain earlier when they talked about adding a second level. When they talk about expanding a geographic footprint, people could expand upward if they are within the geographic footprint that they are in, even if it is a legal, non-conforming situation. Mayor Lund asked if Mr. Welter was talking about expanding the footprint. Mr. Welter said they were thinking maybe 10 feet back. Councilmember Bolkcom stated there is a possibility that if it did encroach on that, he could apply for a variance. She asked if he could apply for a hardship ordinance. Ms. Jones replied actually, no, they could not apply variance to encroach, but they could apply for a variance to exceed the 35 percent lot coverage. Mr. Welter said Locke Lake is a 50-foot setback versus a100-foot setback for the river. Ms. Jones stated with all the other water lines, it is 50 feet back from the ordinary high water mark. Ms. Freeburg asked how they determined how they determined what was a lake. Ms. Jones said the DNR determines that. Farr Lake is a DNR designated waterway. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:58 P.M. 13. Consideration of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located at Glen Creek Road and Logan Parkway (Ward 3). MOTION by Councilmember Barnette 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 PUBLIC HEARING OPENED AT 9:59 P.M. Mr. Haukaas, Public Works Director, stated this is to acquire property excess and for the transfer of the land. The first piece is a parcel adjacent to Glen Creek Road east of Logan Parkway. On October 24, 2005, the City Council approved the replatting of the piece of property in this area to delineate where the actual roadway was constructed. During the 2005 street reconstruction project, they found that the road that had been in place for 40 years was not where a City-owned easement was. This plat is helping to correct that. Also through that FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 19 determination, they found a triangle of property outside of the area they need for street right-of- way that would be deemed excess. They had some discussions with the property owner about getting that piece of property. Pam Reynolds, 1241 Norton, asked for a quick clarification. She asked if it was a swap. Mr. Knaak, City Attorney, said there is an agreed-upon, defined parcel of land as opposed to having the City declare a certain value and receiving money for it. It is a purchase. Instead of the consideration being cash, it is another piece of land. Mr. Haukaas stated they are not putting it up for sale, but are getting a consideration back in exchange for that. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE PUBLIC HEARING CLOSED AT 10:04 P.M. 14. Consideration of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located at Ely Street and Liberty Street (Ward 3). MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 10:04 P.M. Mr. Haukaas stated this is a very similar situation on the railroad service drive between Ely and Liberty Streets, just west of the railroad tracks. Again this was a piece that was replatted and approved at the October 24, 2005, Council meeting. The adjacent property owner has been maintaining the properties. They have been in discussion with the landowners. It is to the benefit of both parties. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE PUBLIC HEARING CLOSED AT 10:07 P.M. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 20 OLD BUSINESS: 15. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to Pawn Shop Transaction Fees. Don Abbott, Director of Public Safety, stated staff presented revised ordinance language to Council at the November 7, 2005, Council meeting raising the transaction fee from $1.50 per transaction to $3.00. The additional fee will provide the maj ority of funding needed for a dedicated pawn detective. Council approved the first reading and requested additional information from staff. The City of Fridley presently licenses two pawn brokers--Pawn America and Cash-N-Pawn. Pawn shops are regulated by Minnesota State Statute Section 325J and by Chapter 31 of the Fridley City Code. Chapter 31 of the City Code requires the Police Department to regulate Fridley pawn brokers to monitor the operations, including hours of operation, making sure no underage persons are pawning, and so on. It requires pawnbrokers to provide transaction records to the Automated Pawn System (APS) on a daily basis. It requires pawnbrokers to allow inspection of the premises and inventory by the Police Department at any time. The Automated Pawn System is a statewide pawn database which was created and currently managed by the City of Minneapolis. There are 152 agencies currently subscribed to APS; 67 pawnshops report their activity from 37 different jurisdictions. It helps detectives identify criminal activity, solve crimes, and recover stolen property for the rightful owners. Reviewing the APS and the member agencies that belong, they found annual license fees rising from $50 to $15,000 and transaction fees from $0 to $3.00. St. Paul currently charges $3.00. Mr. Abbott stated the first pawnshop opened in Fridley in 1994. They began requiring pawnshops to submit data to APS in 2001. Total pawnshop transactions have increased steadily. Of the top 10 cities reporting to APS, Fridley is third. We are behind St. Paul and Minneapolis in our transactions, and that is from the period of January 1 to October 31 of this year. The APS indicates there were 208 stolen items out of the 46,042 items pawned or purchased at the two pawnshops between January 1 and October 31, 2005. The value of these items total approximately $100,000. The 208 items represents one-half of 1 percent of the total items. The identification recovery process is limited by data quality. The identification of stolen property at the pawnshop depends on accurate information being entered by the pawn shop. Most items are identified as stolen when APS searches the National Crime Information Center (NCIC database) for reported stolen property. This is an automated process. Only stolen property with adequate descriptive information including serial number is entered into NCIC. Only items entered by pawnshops and APS with serial numbers are checked against NCIC. There were no serial numbers entered for 64 percent or 31,502 of the items just in Fridley this year. Of that amount 12,539 items are jewelry identified as having no serial numbers. Police detectives identify additional stolen items by searching the APS database utilizing general descriptions of stolen property to determine possible matches. This is a labor-intensive process. The Fridley Police Department has historically included pawn broker regulations as part of the duties assigned to one of our two general detectives. One of the more important regulations is to audit pawn inventory against APS and to ensure accurate data entry. They absolutely depend on accurate APS entry by pawnshops to identify stolen property. The Police Department's last compliance check audit was in 2002 when they found 19 percent of audited items to be incorrectly entered. A pawnshop's use of the "Other" category needs to monitored and minimized as well. The FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 21 "Other" category was used 12,523 times between January 1, 2005, to November 15, 2005. This impacts the verification of the NCIC check They may get a hit on the field number alone and the detective then needs to go in and look at the record and see if it matches up to the item and ultimately the detective, with or without the victim, may need to travel to that store to make a physical ID of the item. It makes manual item searches by detectives much more difficult. Mr. Abbott stated the pawn detective will increase the detective unit from two general detectives and a sergeant. One of the three detectives will be assigned to pawn regulation and pawn-related crime. We already have one police technician assigned to pawn. Her hours will increase from approximately two hours a week now to eight hours per week to support the pawn detective. The pawn detective's duties will include regulating the pawnshop and conducting frequent audits and compliance checks of pawnshops, assuring point of sale software is being used by the pawnshop and meeting state requirements, and responding to inquiries from APS staff concerning data entry. The detective will be assigned to all cases involving property confiscations at the pawnshop and will be assigned to all incoming property crime or burglary and theft cases involving incomplete property descriptions with no suspect information to perform manual searches of APS records. The detective will also personally and physically audit all firearms received by Fridley pawnshops weekly. Recently Pawn America has begun receiving guns from all of its pawn ships for ultimate resale. Police Department's records indicate they received 15 guns in the past 20 days. Mr. Abbott said at the last Council meeting Council requested that staff outline in detail some of the costs listed as absorbed. The first thing they have to do is pay a$1 APS fee to the City of Minneapolis per transaction, and based on 2005 transactions that would be $32,900. The pawn detective's salary would be$72,475. The absorbed costs include a police detective's salary at 8 hours per week or $7,680 over the course of the year; work space fees and supplies of $2,110 a year, a vehicle for the detective at $2,910 a year, and additional detective support. They figured 18, 8-hour days of additional detective support would be necessary filling in for the pawn detective while he or she is away sick or on vacation. Conducting audits and compliance checks will require more than one detective on the case. They estimate it would cost $123,075 if they convert costs they previously listed as absorbed. The ordinance currently sets a license fee of $3,000 per year or $6,000 total for the two pawn shops. The $3.00 transaction fee multiplied by the estimated 32,900 transactions for 2005 would be $98,700 for a total of $104,700. The remaining $18,375 would be absorbed by the current Police Department budget. To summarize, a full-time police detective is necessary to ensure that accurate information is entered into APS. This would increase the identification and recovery of stolen property which would lead to improved ability to identify suspects resulting in additional criminal prosecution. It would deter theft, which reduces victimization of Fridley residents, businesses, and the pawnshops themselves, ultimately enhancing public safety and the quality of life in the City of Fridley. Councilmember Bolkcom asked about the St. Paul detective and the amount of time he spent working on pawn shops. Mr. Abbott said Sergeant Prois did talk with the police officer in St. Paul. He estimated that he spent 75 to 80 percent of his time regulating and working the pawn detail. He said he could spend all of his time on pawn but he is required by his position to spend a certain amount of it FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 22 working other vice details. In addition, he does have about one-half a clerical type position assisting him. Councilmember Wolfe said DWIs and alcohol-related issues are also a crime. He asked if we are going to charge liquor stores extra money because we have to make an arrest. He asked if we were going to charge the Salvation Army or the Goodwill for the things they take in. There is a record store that buys used CDs. He said he has a problem with two businesses funding a police officer when St. Paul has seven pawnshops and one officer doing it. We are raising a fee to come up with $72,000 and the two pawn shop businesses are going to pay for it. If that officer does something other than pawn shop work, do we give them a discount? He thinks it is unfair that our city owns liquor stores and we are selling alcohol to citizens who are potentially getting DWIs. Do we charge ourselves $3 for every bottle we sell or every case of beer we sell. Mr. Abbott stated concerning alcohol, they do charge fairly significant license fees in the City, up to $9,000 per year. Councilmember Wolfe asked what the pawn shop's license fee was. Mr. Abbott replied the annual license fee is $3,000 per year and there is a$1.50 transaction fee. St. Paul does have seven pawnshops and a population of around 200,000. It is interesting to note that in the first three-quarters of the year they had 36,000 transactions. Fridley has two pawnshops, a population of around 27,000, and we have 27,400 transactions. We averaged nearly 1 transaction per person in the City of Fridley. For a city our size, we actually have a greater pawn transaction rate per capita than St. Paul. Mr. Abbott stated in reviewing the number of confiscated article notices that were sent out by the APS, about 93 percent of those articles came from outside the City of Fridley. There are two businesses that are creating a lot of additional work for the Fridley Police Department and ultimately for City staff as a whole. What they are looking at is basically charging that industry, and in this case these two pawnshops, for the cost of that regulation. The Police Department will be absorbing approximately $18,000 of the expenses. If the pawn detective takes a telephone call on a non-pawn crime when no other detective is in the office, no discount would be necessary given the fact that the Police Department will be absorbing a portion of the whole cost. The pawnshops will not be bearing the entire cost. Councilmember Wolfe stated there are other businesses that in a sense do the same type of business, such as a tool business. He asked if we knew if they were buying stolen property. Mr. Abbott said they do not. Over the years they have had very few complaints or issues, or investigations resulting that activity. It is something they have begun to take a look at. Councilmember Bolkcom stated on the DWI issue, do we know that they are related to the liquor that is sold at our liquor stores. We have eating establishments that have liquor licenses. We charge a fee for the liquor license. She thinks the pawn shop fee is fair. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 23 Councilmember Wolfe stated he has a problem with the City having two businesses pay for one officer when St. Paul has 200,000 people and have police officers and only one does the job. Councilmember Bolkcom said to look at the number of transactions. Councilmember Barnette stated he feels very comfortable with the justification from the Police Department. Mayor Lund said he thought the Police Department has given them good reasoning for the need for an officer. Councilmember Wolfe said they are paying property taxes and are paying their license fees. Just like you and I. Our taxes are paying for the police officers in Fridley. Alan Cross, officer of Cash-N-Pawn, stated he spoke with them a couple of weeks ago at the prior meeting. He just wanted to speak on three broad points. First he would like to consider a couple of numbers. The first is $15,000 which is the dollar value of the confiscated property at the buy or pawn value that they thought they had confiscated from the pawnshops. In the calendar year 2004 and through 10 months of 2005, they project those numbers could be right in that same neighborhood again. That is the cash value and the pawn value and the buy value that they bought the property at. Compare that number to next year, using the Police Department's slides of $105,000, and the license fees and transaction fees they will pay and he just does not see how that number computes that they are asked to pay $100,000 in fees, let alone computer costs and personnel costs and things related to generating and maintaining the APS fee. This just does not make sense. Those two numbers do not compute in making value. He knows in the presentation the number was put out that the confiscations were around $140,000. He would challenge where that value came from. Mr. Cross said the other point he would like to make is when they talk about the numbers of confiscation, Cash-N-Pawn was said to have 121 confiscations in 2004. He reviewed them. Roughly half of them were individual DVDs or CDs and were valued at $2 or $3. He thought they really needed to look at a dollar value on transactions and not the number of transactions just because of the way the system operates. He also asked them to cover the secondhand dealers. Why are people who are maintaining establishments be able to buy secondhand goods from people who come into their store and not have to report them the same way pawn shops do. Pawn shops should not be treated differently than the other stores and businesses buying secondhand goods. They may not be aware of how much property goes to secondhand stores or through eBay or a flea market because they do not regulate it. Only a dumb thief is going to bring property to a pawnshop. They are going to take his picture, they are going to look at his ID and record it, they are going to record the type of property it is, the serial number if there is one, a picture if there is not a serial number, and they are going to electronically download that to the Police Departments and the various agencies. He also has concerns that there are federal privacy laws that they have to follow. Mayor Lund asked Mr. Abbott where the $100,000 value came from. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 24 Mr. Abbott replied that they estimated $100,000 and that would be the market value on those items. They show, using APS, the actual pawn value reported for those items totaled. Regarding the estimated market value, APS records indicate that pawned value averages right around 20 percent of market value overall which is how they estimated the $100,000 market value. Mr. Cross stated he has no idea where that statistic would have come from. He said they would not buy an item that they knew was a hot item. That would be clearly against corporate policy and their business policy. He cannot say that an employee may have thought of taking something, but they put a lot of effort into not letting that happen. Mayor Lund said what he is struggling with is whether there are enough checks and balances in place to minimize the movement of stolen property. Mr. Cross said it is a good system. They know it costs something. They just do not understand why it doubled from $1.50 to $3. Councilmember Bolkcom asked if there was any restitution to the pawn shop if we find out something is stolen property. Mr. Abbott said they do request restitution for the pawnshop when they refer a case for prosecution. If it is a stolen property case coming out of one of the pawnshops, the pawnshop then becomes the victim. They do not have any figures available from court that says what the success rate is of judges awarding restitution and the defendants paying that restitution, but they do request it. Karl Hattman, Manager of Pawn America, asked if APS made it easier to track stolen items. He said it was pretty much an unbeatable way to find things. He has worked in other cities at pawn shops where they do not have a way of tracking things that way. They pretty much do it all by hand. As far as tracking in APS the errors with "Other," he asked if that was as a category or as a brand? As a store manager, he is in charge of the employees in his store. He pretty much cracks down when they do put "Other" as a category on anything. He ran a report in his store earlier today. Since October 1, they have not taken in one item listed with the category "Other." Mr. Abbott replied the 12,000 figure would include any use of "Other" in the reporting of an item, not just the category. Brad Dunn, attorney representing Pawn America, said they presented their legal argument a couple of weeks ago. Tonight he would like to ask for some fairness, some sense of rationality. In the last three years, the number of transactions that have taken place at the City's pawn shops have increased about one-third. Council is now looking at increasing the City's share of the fees from 50 cents to $2 which is a 4-fold increase. He submits to them that this is not fair, it is excessive, and is more than is needed. There are other businesses that require significant police resources. Stolen property is not and should not be the only crime or the only issue in the City. He has heard that up until the hours were changed at the Wal-Mart store, one-third of all the police calls were actually directed to Wal-Mart. There is a large number of calls there and a significant number at Target and bars and liquor stores. They are not required to pay any type of FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 25 transaction fee. Liquor establishments pay fee of $6,000 to $9,000. If that is significant, you can see how significant the fee is that Pawn America is being asked to pay. That figure is over and above what they are already paying for their property taxes. If you are a member of the community, you pay taxes to pay for police, fire safety and all the other advantages of living in a city. The city is trying to single out these two businesses and ask them to pay for something that frankly nobody else pays for. Pawn America is being asked to pay over $70,000 a year just in the APS fees and license. There pawn value of items confiscated from Pawn America was a little over $10,000. The markup in the industry is specifically 40 percent. So, if it were $12,000 of confiscated value, you would expect it to be sold for whatever 40 percent is or around $17,000. Pawn America pays $70,000 to cover $18,000. Attorney Dunn stated what he thinks the City is trying to do is excessive and is too soon. How much time will a new police detective actually be spending looking at pawn stores. He does not believe that is the single biggest issue they have in the City and it is not necessarily going to be the single biggest issue the City has over the course of the next year. He thought they should take a little bit of a wait and see attitude and, if it turns out that they really are devoting all of this officer's time to pawn shops, maybe there is better justification down the road for doing it. He would respectfully request on behalf of Pawn America that they not increase the fees at all. He thinks it is fundamentally unfair to single out the two businesses. If they feel they have to do something at this time, he would respectfully submit they do not go as far as they are going here. Cut it back a little. He suggested having a sliding scale. He said they should take a look at some of the other secondhand dealers. Brad Rixmann, owner of Pawn America, said what really disturbs him is that they run the only business where their customers are presumed guilty before innocent. Hence, they are required to submit a significant amount of data to law enforcement in terms of their race, gender, eye color, hair color, driver's license information, and where they live in some cities. If they do not have a telephone number, they cannot complete a transaction with them. They take a picture of them. All the information is sent to the City of Minneapolis and retained there by the Automated Pawn System. That information is then available to any law enforcement agency which subscribes to the APS. He believes it is unfair to their customers to share that quantity of information which is out in cyberspace and no one really has a handle on it. Mr. Rixmann stated be believes it is an unfair restraint of trade to charge them $3 for each pawn transaction. Chief Abbott said the last time an audit was done on pawn stores was in 2002. They charge $1.50 per transaction, of which $1 is sent to the City of Minneapolis. Pawn American does 22,000 transactions annually which nets the City $11,000 over and above the APS fees paid to the City of Minneapolis and the $3,000 license fee. That is close to $15,000. Cash-N-Pawn pays somewhere between $5,000 to $6,000 which is retained by the City. After the City of Minneapolis has been paid, the City of Fridley has retained $21,000 per year since 2002. When they did the audit, they picked up 20 items in their store, and they maybe picked out some items from Cash-N-Pawn, and they came back and said they had a problem with 19 items. If the transactions have remained the same in the last three to four years, they have paid somewhere between $60,000 to $80,000 to law enforcement, and they have not seen the Police Department in their stores to perform these audits. The issue with "Other" is possibly related to compact discs, DVD movies, and video games. There is no other category put those products in. He does FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 26 not believe that Cheapo Records submits information to law enforcement. He thinks this is grossly unfair and is a restraint of trade. He does not believe the City really understands what is happening with the data that law enforcement is collecting. They were unaware until just recently that there were any issues with either of his stores. He respectfully requests that the City reconsider their request to increase the fee to $3, and leave the fee at $1.50. Mayor Lund asked if they felt there were getting their money's worth from the $1 per APS charge. Mr. Abbott said he does. The ability to look at pawn records from 67 pawn shops located throughout Minnesota, most of those in the metro area, makes them more effective at finding stolen property and returning it to rightful owners and helping with prosecution. It also makes more work for their detectives as well. It is true they have not done a compliance check since 2002. That is something they need to do. Mr. Rixmann mentioned that they checked 20 items, and had a problem with 19. They had problems with 19 percent of the 42 items from both stores. They do have figures for the calls for service for Wal-Mart, and it is considerably less. Mr. Abbott stated regarding the 40 percent markup that Mr. Dunn referred to, the $100,000 figure is the fair market value. Pawn is not the biggest issue in the City. There are 38 other officers working on other issues. This officer would deal with pawn shops and regulate them the way it should be done. They will do a better job than St. Paul. They are going to put more time into it, and they are going to do a better job. Concerning identification, that is required by State statute. Mayor Lund asked if the $1 fee for the APS was excessive. He asked if Minneapolis was making money on it. Phil Havenstein, Minneapolis APS, said the law does not allow them to get rich doing this. In fact, they are just this year beginning to return, they hope, part of the $489,000 the Minneapolis City Council provided in 1996 to build the Automated Pawn System for all law enforcement agencies to use. They have never raised their rate from $1 per transaction. Now that they may be making more money than they need to operate, they are going to do a couple of things. One thing they are going to do is eliminate the cost for agencies that do not contribute to access that data. Right now they charge every agency some fee to be able to access the data. Even though they may not have a pawnshop, they pay them a fee; $36 to $72 a month, depending on how big they are. It is arranged by the State of Minnesota. Secondly, they will reduce the $1 fee to where they continue to maintain the system but without making an excess return on it because they are prohibited from doing so by law. Mayor Lund asked with this system in place does he think that it greatly diminishes the movement of stolen goods. Mr. Havenstein said they have increased their percentages of recovered stolen property by over 300 percent. He does not think that is fair to get into measuring the Automated Pawn System or any regular tray of schemes simply by the number of stolen items. He thinks the pawn industry would agree with him that it is also important that they do have fair and adequate identification FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 27 process and security. One of the things that Mr. Rixmann brought up was the data privacy issue. The State of Minnesota has identified all of the property information as public but all information about people who come into the pawn system as private information. Paul Hess, 615 — 57th Avenue NE, said there are a lot of secondhand businesses that are not regulated. The ones that are regulated are the ones the City is punishing. By raising their fees they are hurting them. He works at a Pawn America in Roseville. Attorney Dunn said with respect to the fair market value of confiscated property, he made the statement there was about a 40 percent markup on the value of pawned property and the Chief indicated that it was substantially more than that, perhaps five-fold. He read an article from the Winona Dail.� earlier this year, and it quotes Sergeant Haverstein as saying that the actual value of goods is approximately twice the pawn value. Mr. Haverstein stated that is not a quote. He asked to see the article. The statement that they are making is accurate, the statement that the Chief made is accurate, the difference is in the wording. When they talk about a 40 percent markup, they basically are saying they are probably a little short of doubling their costs. When you talk about a five-fold, you are actually talking in terms of the new replacement cost which is what the insurance company would face or the victim would face to replace it with a new product. Mr. Weierke, Captain, Fridley Police Department, said he wanted to clarify a few things that came up about the secondhand shops. While they were researching this ordinance, they decided to look at secondhand shops. They also called representatives of both pawnshops last summer and spoke to them about the issues and about some of the problems they were having. They gave them copies of what they had relating to pawn shops and reviewed the APS contract. Councilmember Wolfe asked they did not look into the other organizations now. Chief Abbott replied because at this time based on police contact, they are few problems with secondhand shops. The police contact with the pawnshops is pretty high. Councilmember Wolfe stated he thought they make a fairly valid point but if the fee gets too high at a pawnshop, they will probably have a lot more activity at the other secondhand stores. Ronald Devalk, Anoka, said has probably done about $30,000 to $45,000 in business at the Fridley pawnshops. People use fake ID's to pawn things. It is known that Fridley does not go through any records when something is sold to the pawnshops. Other cities go through their records a little more toughly. Fridley is one of the highest because it does not have the manning to staff their database. He said the APS only works if you have someone working it. Fridley's numbers are right behind two major cities and nobody has asked why that is. Their numbers are high because people know there is less chance of getting caught here than anywhere else. Mayor Lund stated he does think that it is somewhat of a hardship for the two pawnshops to be hit with a double increase from $1.50 to $3.00. His thought there was justification to look into it. He thought they should raise the fee and look at it in a year. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 28 Councilmember Wolfe asked about a sliding fee. Councilmember Barnette asked Mr. Knaak about a sunset ordinance. He said he has some concerns as well. He is very supportive of our Police Department. He thought their report tonight justifies the raise. He was very impressed with the attorney from Pawn America with some of his points. They are singling out this business. Captain Weierke said they were going to look at the secondhand stores. He asked if there was a timetable. He would rather go ahead with the idea of the $3 fee so we can hire an officer to investigate this and somehow put in a sunset of 2008, and have Council take another look at it. Attorney Knaak, City Attorney, said it was something they could do. MOTION by Councilmember Bolkcom to approve the Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to Pawnshops and Transaction Fees. Seconded by Councilmember Billings. Councilmember Billings stated he does not think they have heard too much different from the public than they have heard from the Council this evening. He thinks the primary question that they have to ask themselves is do we agree with the Chief that they should be hiring a full-time police officer for the purpose of pawnshop oversight? When they are talking about the tens of thousands of dollars, probably millions of dollars, of stuff that is pawned every year, what is $30,000 or $50,000 or $100,000. It is a pretty small number compared to the total dollar value of the transactions. The pawnshop owners argued the last time they were here and again this time, is that really a good return on investment from the standpoint that some people out there in our society, some of whom are in Fridley, are losing $50,000, $100,000, $200,000 worth of stuff. One gentleman indicated that he did that much himself and there are others out there. He is absolutely right, if they write a bad check to buy something new, they can go almost anywhere and sell it for a certain amount of cash. He does not know that they are going to catch that with the current APS, but the question they need to ask themselves is do we need a full-time officer to provide oversight for this particular industry. He indicated in the meeting two weeks ago that he would be more than willing to look at and encourage our Police Department and City staff to take a look at whether we wanted to come up with some regulation for our other secondhand stores that are not pawn-oriented. Captain Weierke has indicated that they are going to look at that. That is going to be a different ordinance because we do not have the State statute backing us up. He does not have a problem with taking a serious look at that. But if we do decide that we want a police officer, we should look at the costs of administering other licenses. We do not try and make money. From the numbers that staff is providing, it is going to cost us nearly $20,000 a year more to administer this particular ordinance. We charge for many of the services that we have to provide that are not being provided to the general public. Councilmember Billings stated they talk about the APS making it easier for the officers. He fully agrees with that but if you carry that one step further, if in fact we are going to provide the oversight to the level that our Chief is suggesting be provided and we did not have the APS to help us, we would have to have three police officers to administer it. So it is a benefit to everybody to have the APS because all the Chief is suggesting is we try to recover the bulk of the cost. The big question that we have to answer is, do we feel that the Chief is correct that we FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 29 need to provide this level of oversight to these two businesses. He thinks they have come up with the right formula, a base fee and then a per transaction fee, because that spreads the cost to the businesses on kind of a pro-rata business. The one that is doing the most business in theory is going to require the most oversight; therefore, the per transaction fee causes that particular business to pay a greater fee than the other one. They really need to look at some type of regulation for the secondhand stores. The inference is if we make the fees too high, they are going to stop going to the pawnshops and they are going to start going to the used CD store and the used tool shop. He said they need to ask why does Fridley have 27,000 transactions per year. Maybe it is the fact that they are fairly centrally located in the northern suburbs. That puts the police in the position of serving not only the citizens of Fridley but the citizens of Brooklyn Park, Brooklyn Center, New Brighton, wherever people are coming from and he is not sure that if fair to our citizens. The next question is if it is reasonable to ask those businesses that are helping or causing them to make that decision to have a full-time police officer to pay for it. That is an easy answer for him. They should because that is how they operate. Mayor Lund thought they should base this more on the amount or level of activity. He asked about a sunset. Councilmember Wolfe stated he thought Councilmember Billings brought up some good points. The liquor establishments, restaurants and bars in Fridley, come up with all of their fees of about $70,000 which in a sense pays for a police officer. He believes the fees the pawn shops are paying are similar to the licenses the bars in restaurants have. Councilmember Billings stated the number is $27,000 from January to October so that is nine months. That would mean for the year of 2005, they are anticipating somewhere in the neighborhood of 36,000 transactions, at a dollar and a half, a dollar of that goes to Minneapolis for APS, so $18,000 would come to them. So they are getting about $18,000 per year based on this $27,000. That is why they only have a person approximately two hours a day rather than eight hours a day. He thinks the real question that is in front of them, is do they need somebody on this full-time and, if so, he does think it is fair that the businesses that we are overseeing are the ones paying the fee. Mayor Lund asked the City Attorney about a sunset. Mr. Knaak stated they have two options. One option is to offer an amendment as part of the legislation itself. That would be part of the ordinance that would effectively and automatically terminate it at the designated time. The other option is to pass it like any other ordinance and make a commitment to review the issue. Dr. Burns, City Manager, stated he would suggest that if they are going to do the first option that they give the Police Department a little longer than a year, maybe as long as July 1, 2007, so can give the program a fair test. Chief Abbott said he believed that a period of two years would allow them an opportunity to hire the detective and get him trained and working. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 30 Councilmember Bolkcom asked what a sunset would be gauged on. She thought they should receive a report every week. Councilmember Barnette said he has great faith that the Police Department can develop criteria for this. MOTION by Councilmember Barnette to amend the motion to include a sunset date of November 1, 2007. Seconded by Mayor Lund. MOTION by Councilmember Billings to table this item to the next meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THIS MATTER WAS TABLED UNTIL THE NEXT COUNCIL MEETING. NEW BUSINESS: 16. First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located at Glen Creek Road and Logan Parkway (Ward 3). MOTION by Councilmember Bolkcom to waive the reading and adopt the ordinance on first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER WOLFE ABSTAINING, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally Located at Glen Creek Road and Logan Parkway (Ward 3). MOTION by Councilmember Bolkcom to waive the reading and adopt the ordinance on first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER WOLFE ABSTAINING, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. First Reading of an Ordinance Amending Chapter 250 of the Fridley City Code Pertaining to Front Yard and Side Yard Setbacks in the S-1, Hyde Park District (Zoning Text Amendment, ZTA #05-03, by the City of Fridley). FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 31 Mr. Hickok, Community Development Director, stated on November 7 Council held a public hearing regarding the potential amendments to allow a reduced front yard setback from 35 feet to 25 feet and a reduced side yard setback from 20 feet to 7.5 feet in the Hyde Park neighborhood. These side yard setbacks would apply to new construction only. Mayor Lund asked if this was similar to what they already have in other districts. Mr. Hickok said it was. The front yard setbacks would make it exactly the same with the R-1 Districts. The second piece of this would allow a reduction in the side yard setback for new construction to 7.5 feet for each side yard on a newly-constructed home. That allows a bit of flexibility while still keeping 15 feet between that and an adjacent home in the event that more than one is being built. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. Vacation Request, SAV #05-01, by Blue Print Homes, Inc., to Vacate Portions of 57tn Place, 58t'' Avenue and 59t'' Avenue, Lying Easterly of 3rd Street and Terminating at the University Avenue Right-of-Way, to Accommodate the Replat for the Gateway West Redevelopment. 20. Preliminary Plat Request, PS #05-08, by Blue Print Homes, Inc., to Replat Portions of Block 2, City View Addition, and Blocks 12 and 28, Hyde Park Addition, to Create 16 New Single Family Lots for the Gateway West Redevelopment Project Generally Located at 271 and 281 — 57t'' Place, 5740 University Avenue and 5917 through 5955 3rd Street. Ms. Jones, Planning Coordinator, said she would present Items 19 and 20 together. The petitioner is Blue Print Homes. Blue Print Homes is seeking to replat portions of Block 2, City View Addition, and Portions of Blocks 12 and 28, Hyde Park Addition. They are also seeking to vacate portions of 57th Place, 58th Avenue, and 59th Avenue. These requests will help equate 16 new single-family lots for the Gateway West Redevelopment Project. The Gateway West Project is located between 57th Place and 61st Avenue and Third Street and University Avenue. The property is currently owned by the Fridley Housing and Redevelopment Authority. This project is referred to as the Gateway West project and is comprised of properties formerly used as a used car lot, a vacant lot that once was occupied by Warner Furniture, a fourplex, and single-family homes. In 1976, City Council created the S-1 Hyde Park Overlay District which applied only to the properties located between Main Street and University Avenue and 57th Place and 61st Avenue. In 1976, this area of the City was a mixture of uses made up of single-family residential duplexes, multi-family, and commercial properties. The purpose of the overlay district was to recognize the mix of uses that existed at that time and to no longer permit commercial properties within the Hyde Park District. When the Hyde Park Overlay District was created, the City Council promised the residents of this area that they would no longer allow new FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 32 commercial properties and once the existing use had ceased operation, they would not be replaced. Commercial properties such as Commercial Mechanical, Warner Furniture, and Frank's Used Cars would be allowed to remain until such time that the owner changed hands and the use was going to change or the property went up for sale. All of these commercial properties have since been purchased by the City or the HRA. In 1996, the vision of the Gateway West Project included the Frank's Used Car Site and the single-family home south of it. There was an analysis done of the project area at the time and it was determined the project area could be comprised to be either seven single-family homes or town homes, or a senior apartment building. Ms. Jones stated a neighborhood meeting was held in which neighborhood opposition arose. Many people who spoke were concerned about traffic along 57th Avenue. Since 57th Avenue was slighted for redesign and rebuilding in 1998, the HRA moved their attention towards the Gateway East Proj ect on the east side of University Avenue. In 2002, after the completion of the Gateway East Proj ect, the HRA refocused its efforts on the Gateway West Proj ect. A neighborhood meeting was held, and a tax increment analysis was completed. The tax increment analysis determined there was not enough blight to warrant a project other than single-family homes in the neighborhood. Council and HRA determined that single-family residential was the direction they wanted to go and asked staff to conduct an analysis. The image along the west side of University Avenue was the main focus for the City and the HRA for this project. Staff did an analysis of the entire Third Street block to determine what areas were in need of redevelopment. It was determined that the 5800 block of Third Street did not show a high enough percentage of blight to be eligible for TIF financing, but the 5700 block and the 5900 block of Third Avenue were blighted and in need of redevelopment. In 2002, staff started acquiring the additional properties to make the Gateway West Project a reality. The last property needed for the project was acquired earlier this year. All of these buildings on these lots have since been acquired and recently demolished. The HRA's goal for Gateway West is to convert the former mixed commercial and residential area to a viable single-family residential development. The HRA has approved Blue Print Homes, a Blaine housing developer, for the construction of 16 new single-family homes. The attraction of Blue Print Homes stems from their commitment to variety and quality of construction. It prides itself in never constructing the same home twice. The exterior of the homes will include brick and stone, as well as an attractive mix of other siding materials to give homes a unique look The developer expects that the homes will range in price from $250,000 to $400,000. It is the hope of the City and HRA that with the investment of this money in the Hyde Park neighborhood, the existing property values should rise, and other reinvestment will occur. As a result of the Gateway West Project, the existing properties need to be replatted to create the 16 new single-family lots. The plat will be divided into two blocks. Block 1 will be comprised of 9 single-family lots and is located on the southern portion of the project. Block 2 will include 7 single-family lots and is on the north portion of the project. Fridley City Code requires that lots in the S-1 Hyde Park zoning district be a minimum of 60-feet in width or 65-feet in width on corner lots. The lots on the proposed plat range in width from 60 to 107 feet, so they meet the City's minimum requirements. The City Code also requires that lots in the S-1 District have a minimum of 7,500 square feet for lot area. The lot area requirements are being met on each of the lots proposed. Ms. Jones stated in order to create the 16 new lots, a 6-foot strip of 57th Place, a 60-foot portion of 58th Avenue, and a 60-foot portion of 59th Avenue needs to be vacated. The 6-foot strip of FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 33 57th Place to be vacated will provide additional lot width for Lots 7 through 9 on Block 1 without affecting the right-of-way needs for the road or snow storage. The portions of 58th Avenue and 59th Avenue to be vacated are approximately 60 feet by 140 feet located between Third Street and University Avenue. The 58th Avenue section to be vacated will provide the necessary lot area for Lots 1 and 2 on Block 1. The 59th Avenue section to be vacated will provide 30 feet of necessary lot area for Lot 1, Block 2, and the remaining 30 feet being vacated will go to the property owner located at 5859 Third Street. The Planning Commission held a public hearing on this plat and vacation request on November 2 and unanimously recommended approval of those requests. Commissioner Dunham and Commissioner Kondrick both expressed an interest in charging park dedication fees for these newly-created parcels which was not a stipulation staff had before them at that public hearing. They felt that because the new residents would be using the recreational facilities in our community that something should be charged to the properties. Based on their concerns, staff recommends that an additional stipulation be added regarding park dedication fees. Staff recommends Council's approval. Councilmember Billings asked what portion of Third Street is being vacated. Ms. Jones said it is 58th Avenue, 59th Avenue, and 57th Place. Councilmember Billings said Third Street is mentioned in the resolution. Mr. Hickock, Community Development Director, stated regarding the legal description, as the streets overlap the public right-of-way along Third Street, there is a portion of Third Street right- of-way at those corners that have been described. Councilmember Billings asked staff to explain. Mr. Hickok stated that is the starting point based on this description. The starting point lies 30 feet east of the centerline and then reading through further as described it takes you through the rest of the description of what is being vacated. Attorney Knaak stated this has to do with the particularities of legal descriptions as they get spelled out in these kinds of cases. Councilmember Billings stated he is suggesting that if you take this and you get yourself a pencil and you put it on a piece of paper and you draw the shape of that particular element that you are describing, you are going to end up with a line and not an area. Attorney Knaak, City Attorney, stated it should be double-checked before publication. Councilmember Billings said he is confused about the vacation of the two alleys. He asked what direction they ran. Councilmember Wolfe stated, north and south. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 34 Councilmember Billings stated for the first one, we are vacating that portion lying south of the easterly extension of the north line of Lot 16, Block 21, and we are also vacating this lying southerly of the easterly extension and northerly of the easterly extension of the south line of Lot 16, Block 21. So they are only vacating as it is adjacent to Lot 16, Block 21. It will still be open the rest of the way. It will be a dead-end alley. In other words, it is only that portion of the alley that is going to lie in a new Lot 1, Block 1. Just that little piece that is adjacent to Lot 16 in new Lot 1, Block 1. That is the only portion of that alley that we vacating. Mr. Haukaas, Public Works Director, stated it should go from Lot 16 up to Lot 26. So it is the full length of the new platted area. Councilmember Billings stated one is in Block 12 and one is in Block 21. He asked if all of 59th Avenue was being vacated. Mr. Haukaas replied, no. Councilmember Billings asked, just the northerly half of 59th Avenue? Mr. Haukaas replied, that is correct. Councilmember Billings stated so now we are going to have an alley that goes from Lot 30 down to Lot 17 with no way to get at the alley. He asked why the whole alley was not vacated. Mr. Haukaas stated the alley can be added to this. It just was not part of any of the new plat so it was not looked at being added to this ordinance. Councilmember Billings stated and then the other one goes from 16 to 26. They probably just need to change that to southerly of the easterly extension of the north line of Lot 30, Block 21, in order to vacate the entire length of the block. Mayor Lund asked if they were up against a deadline. Councilmember Bolkcom replied, November 28. Dr. Burns, City Manager, stated if they could pass it and double-check it. Mr. Haukaas stated that is fine for a legal description, but what about the notification. This affects properties that have not been noticed. Dr. Burns asked if it made any sense to consider vacating the remainder of the alley as a separate action. Mr. Hickok stated the plats themselves have been described and are clear. The new question has come up as to whether we should vacate the alley behind the rest and that could be handled in a separate action. He does not think there is anything slushy about the plat as it is being proposed or the descriptions that have been provided other than there is a middle block that has an alley that should be vacated. They can take that on in a separate action, but they do need to FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 35 notify the folks as for some odd reason, maybe somebody would object and at least they want to give them a chance to speak. Councilmember Bolkcom stated Councilmember Billings has a concern about the Third Street issue. Mr. Hickok stated they will have the surveyors double-check the legal description before it is published. Councilmember Bolkcom asked if he felt there needed to be any changes. Mr. Hickok replied, no. They will double-check the legal descriptions with the surveyor, but those resolutions have been offered in the correct form and that would be their recommendation. MOTION by Councilmember Bolkcom to approve Vacation Request, SAV #OS-01, by Blue Print Homes, Inc., with the following seven stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay all water and sewer connection fees. 5. The Petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by the City staff prior to issuance of building permits. 6. Petitioner to provide City with a copy of the declaration of conveyance for the development that outlines the landscaping and fencing requirements prior to issuance of a building permit. 7. Park dedication fee of $6,000.00 (4 lots x$1,500.00) to be paid prior to issuance of a building permit. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to approve Preliminary Plat Request, PS #OS-08, by Blue Print Homes, Inc., with the following seven stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay all water and sewer connection fees. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 36 5. The Petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by the City staff prior to issuance of building permits. 6. Petitioner to provide City with a copy of the declaration of conveyance for the development that outlines the landscaping and fencing requirements prior to issuance of a building permit. 7. Park dedication fee of $6,000.00 (4 lots x$1,500.00) to be paid prior to issuance of a building permit. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 21. Approve Modifications to Special Use Permit SP #04-06, by the Islamic Center of Minnesota, to Allow the Expansion of the Existing Private School and Approve a Twelve-Month Extension, Generally Located at 1401 Gardena Avenue (Ward 2). Councilmember Bolkcom asked if the neighborhood was notified. Mr. Hickok, Community Development Director, replied a letter was sent out to residents not only 350 feet away, but to a point beyond 500 feet of this property. This is a consideration of proposed revisions to a special use permit. In January, 2005, the Council approved Special Use Permit, SP #04-06, to allow a school expansion of the Islamic Center of Minnesota, at 1401 Gardena Avenue NE. The approval would allow a 39,694 square foot school addition to be completed in two phases. In the process of completing work and drawings, architects discovered that an ultimate desired class size of 25 students would leave classes cramped for space. A space of 36 square feet per student is the standard desired. As planned, the rooms lack 10 square feet per student. The original proposal showed the classroom size as 600 to 650 square feet. They would need 900 square feet. The difference between the revised plan and the proposed plan is as follows: the original plan, Phase I, had 15,008 square feet and Phase II had 24,597. The revised plan, Phase I, would have 20,800 square feet and the petitioner has agreed that Phase II then would be downsized to 18,800 square feet. The original plan was a little less than 39,605 square feet. The new plan would actually reduce the size by 5 square feet and overall have a building size of 39,600 square feet for Phase I and Phase II. Changes to the complex are as follows. First of all the wall on the southwest face is moved out to replace the colonnades. Approximately 7.5 feet along the front of the building by the bus loop where the column is, is basically an open space with a roof over it and column. They need that space inside the classroom so they bump out the wall to a point that holds up the edge of that roof, replacing the colonnade, and closing in the space. That is on the southwest face. The wall on the southern end of the northeast face directly adj acent to the former building would be bumped out approximately 10 feet. That would only be done without encroaching on the 48 feet of setback the wetland that was delineated. The parking lot was also reworked to better accommodate bus circulation. They still have the same number of parking spaces. The entire west and south property lines surrounding the parking areas would be fenced and would also include a hedge. The 12-month extension that has also been requested was done because there were substantial modifications to the working FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 37 drawings required relative to these modifications if approved or authorized by the Council and additional fundraising time would be required due to the increased cost of materials and the increased cost of the overall larger project in Phase I. Staff recommends Council's approval. Councilmember Wolfe stated there will be a wall where the overhang was on the west side. Mr. Hickok it still has some relie£ It is not a wall coming straight up to a roof. Councilmember Wolfe stated from a helicopter it will almost look exactly the same. Mr. Hickok stated, yes, the roof line on that side of the building stays the same. The building wall gets moved up underneath that roof. Councilmember Wolfe stated and on the east side, just a portion of it is going to extend 10 more feet and is not visible to anybody. Mr. Hickok stated that is right. It is the downhill slope adjacent to the existing building. It would be very difficult, if almost impossible, to see from an adjacent site. Councilmember Wolfe stated he cannot speak for the neighbors, but he thinks it is still too big for the neighborhood, but the changes that are being made are not affecting the visual part of the original plan. Councilmember Bolkcom asked Mr. Hickok if the buses turn around in the parking lot. Mr. Hickok said they do. They have determined the best long-term solution is to have a bus loop that comes up, allow them to drop students off at the school and then loop them back out. This was designed to meet Fire Department criteria. Councilmember Bolkcom asked if it was different than the first plan. Mr. Hickok stated, yes, the bus loop still is off the street and comes up to the front of the building. It is meant to do essentially the same thing. The problem that they found though is that the long central island of parking really caused the bus to be cramped at the far end and to circulate properly, they really needed to shorten that up but they could not lose the parking space. For those cars parked at the end stalls, they can back out, have room to actually back to the west, and then drive out to the east. As they see it, it is a better design loop for the buses and frankly from a design parking perspective. Councilmember Bolkcom stated it seems to her, logistically, turning a bus around in an area where you also have people parking and kids coming from parked cars is scary to her. She asked if this was the final plan. Councilmember Barnette said one of the few criticisms he has received is that people who come along Gardena, stop in front of the school, and drop off their students. Will the parents also be encouraged to do the same as the buses? FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 38 Anwar Abdel-Karim, Vice President of the Islamic Center, said they are very much done with the design and are looking at the flooring and ceiling. Councilmember Bolkcom stated so the basic design work is done. It is more of just the details. Mr. Abdel-Karim stated, yes, exactly. Mayor Lund said if parents are in a hurry, he imagines they will want to drop their kids off and go. He is hoping that they will try to get them to pull into the parking lot to circle round. Councilmember Bolkcom stated tonight they are supposed to approve the modification. They do not have to approve the stipulations? Mr. Hickok stated that is right. There are two actions. One is to recognize and approve the modifications that have been discussed and the second is to approve the 12-month extension that would take them to January 2007. Mike Wiltfang, 5885 Tennison Drive NE, and said he could not recall from the previous hearing about this if there were some assurances made that high school-aged students would not be allowed to drive cars to and from school. He asked if anything had been formally stipulated or could that change. Mr. Abdel-Karim stated students in high school are not allowed to drive to school. It exists in the student handbook, so it is school policy and is not going to change. Councilmember Barnette commented he did not think the City could dictate that. Mr. Hickok stated there is an alternative parking lot. In the event their parking is deemed inadequate for any reason, there is proof of parking over on the east side of the building that would need to be installed, and the City can decide when that has to happen. Mr. Wiltfang stated he understands that but the other complication in putting that parking up on the hill is that you will involve all those neighbors who abut that parking area. The problems that e�st with the Totino-Grace traffic are well documented. He does not mind that there are a few cars parked in front of his house during football games, but it would concern him if he started seeing cars parked in front of his house on a regular basis during the school year. Mayor Lund asked if the additional parking would be on the school level or on the elevated property. Mr. Hickok stated it comes in at the school level but as he recalls the design was to basically use the tiers that are there and create parking drive aisles that are workable slopes that have parking built into the contours essentially. Mr. Wiltfang asked if there was legal criteria that would trigger that requirement. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 39 Mr. Hickok stated there was. In the ordinance for proof of parking, Council at its discretion can approve parking initially, and the Code is clear that at the City's discretion, it can make the determination if additional parking is necessary and when. They give the school notice and give them a reasonable time to install it. Mr. Wiltfang stated his concern is he has already been at a public meeting at Totino-Grace and they addressed those issues. There are people who live along Arthur that have problems with parking. He asked the city engineer if it was possible to put up no parking signs in the neighborhood and was told they could not. Mayor Lund stated they can restrict parking on public a street but then it is restricted to him and everyone else. Mr. Wiltfang stated he understands. Mayor Lund said the traffic changes, they have to put the parking lot in. MOTION by Councilmember Wolfe to approve modifications to Special Use Permit SP #04-06, by the Islamic Center of Minnesota, to allow the expansion of the existing private school. Seconded by Councilmember Barnette. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE AND COUNCILMEMBER BILLINGS VOTING AYE, AND COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A THREE TO TWO VOTE. MOTION by Councilmember Wolfe to approve a twelve-month extension, to January 3, 2007. Seconded by Councilmember Barnette. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE AND COUNCILMEMBER BILLINGS VOTING AYE, AND COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A THREE TO TWO VOTE. 2. Second Reading of an Ordinance Amending Chapter 104 of the Fridley City Code Pertaining to Diseased Tree Removal Assessment Fees. MOTION by Councilmember Bolkcom to table the second reading of this ordinance. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Resolution Abating a Portion of the Assessment for Certain Properties Within the 2005-1 Street Improvement Project. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 40 Councilmember Bolkcom asked if the change involved a decrease. Mr. Haukaas said the abatement amount is how much the proposed assessment would be decreased. It is really the difference between he final amount and the estimate. Most of this is for the driveway work. Councilmember Bolkcom what the process would be. Mr. Haukaas said there is a 30-day prepayment period. At the end of the 30 days, whatever is left they send to the County. These people have been notified that their assessment is going to be reduced by this amount and they still have a little bit of time to pay within that 30-day period before it gets sent to the County. Councilmember Bolkcom asked if they had 30 days from today. Mr. Haukaas stated, no, but they are aware of it. Councilmember Bolkcom asked and how were they notified? Mr. Haukaas said they were sent letters. MOTION by Councilmember Bolkcom to adopt Resolution No. 2005-68. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 22. Informal Status Reports. There were no informal status reports. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 1:10 A.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor � � CffY OF FRIQLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 12, 2005 December 6, 2005 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Second Reading of a Rezoning Request, ZOA #05-04, Peter Borman M-05-165 INTRODUCTION The petitioner, Peter Borman, owner of 120 River Edge Way, on behalf of all the owners of 100, 104, 108, 112, 116, 120, 124, 128, and 132 River Edge Way, is requesting to rezone the properties listed above from R-3, Multi-Family to R-1, Single Family. The owners of these properties would like to see the current zoning changed to reflect the current land use, which is singe family. While single family homes are a permitted use in the R-3, Multi-Family zoning district, changing the zoning to the lands current use, will allow the single family neighborhood to remain the same as it exists today. PAST COUNCIL ACTION At the December 5, 2005, City Council meeting, the first reading was approved for ZOA #05-04. THE MOTION CARRIED UNAMIOUSLY. At the November 21, 2005, City Council meeting, a public hearing was held for ZOA #05-04. PLANNING COMMISSION RECOMMENDATION At the November 2, 2005, Planning Commission meeting, a public hearing was held for ZOA #05-04. After a brief discussion, the Planning Commission recommended approval of rezoning request, ZOA #05-04. THE MOTION CARRIED UNAMIOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends the Council hold the second reading of an ordinance on December 12 for the approval of the rezoning ZOA #05-04. ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 100 River Edqe Way Lot 28, Block 1, River Edge Addition, subject to easement of record 104 River Edqe Way Lot 27, Block 1, River Edge Addition, subject to easement of record 108 River Edqe Way Lot 26, Block 1, River Edge Addition, subject to easement of record 112 River Edqe Way Lot 25, Block 1, River Edge Addition, subject to easement of record 116 River Edqe Way Lot 24, Block 1, River Edge Addition, subject to easement of record 120 River Edqe Way Lot 23, Block 1, River Edge Addition, subject to easement of record 124 River Edqe Way Lot 22, Block 1, River Edge Addition, subject to easement of record 128 Rivers Edqe Way Lot 21, Block 1, River Edge Addition, subject to easement of record 132 River Edqe Way Lot 20, Block 1, River Edge Addition, subject to easement of record Is hereby designated to be in the Zoned District R-1 (Single Family). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3 (General Multiple Units) to R-1 (Single Family). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12T" DAY OF DECEMBER, 2005. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: November 21, 2005 First Reading: December 5, 2005 Second Reading: December 12, 2005 Publication: December 22, 2005 � � CffY OF FRIQLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 12, 2005 December 7, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Preliminary Plat Extension Request, PS #03-18, Town Center Development M-05-167 INTRODUCTION Town Center Development received preliminary plat approval from the City Council on January 5, 2004, for the properties located at 1282 Mississippi Street and 6490 Central Avenue. As you are aware, the developers have sought several 6 month extensions so that he could resolve the title and land ownership issues that have caused them to not be able to close on the property. Since the City Council approved the last 6 month extension on June 13, 2005, the land ownership dispute has been resolved. The Judge found in the favor of the Brickner's, which allowed Town Center Development the ability to move ahead on the closing of the above referenced property. Town Center Development now owns the property and they are in the process of getting the final mylars signed; however, they were not ready in time to make the December 12, 2005, meeting deadline. The extension request submitted on December 7, 2005, by Richard Whinnery, states that they will be ready to submit the final mylars for final plat approval for the January 9, 2006, City Council meeting. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the 6-month extension to July 6, 2006. DEC 07 '05 13�55 FR TOWN CENTER DEU 76342�6831 TO 7635711287 P.02 . , . � . . ■ . � Ms. 5tacy Stromberg � � . � �. � � . . .� . . ' .,. . . � � City af Fri�ley � � . . � . �. � . . . , . � . :. . � . 6431 Unive�siiy Av�. N.E�:� � � � . . .. . ; . . � �� Fridtey, �MN� 55432 � . . . , � � . . . . � � December 7, 2005 : � � � . � � . � �. . � �� : � . . � � � � � Re: Fridiey Seniar Housing� Project � � . � ' : . � _ . � . . � Dear Stacy: � . . � � , � . � � � Please �accept ttiis �as awr farmai. request�for an extension on the submiss" �� s� of � apprd�at of the frnal ptat fo� aur.seniar housing project. The mylars are in p . � b.eing signed� tiut wifi not be read:y for�the �December,l2�' meeting deadline. �ur �rrent extensian is up on January 6; 2U06, and ttie neict,City Gouncinua 9�2pp6 meeting .�, J�nuary 9, 2006. We need �n eictension to carry us #o the .?a . ry . . . .date. � . . . ,. .. . . _ . . I . �� ntact me� at 7�3-416-0002 if �you ;ha�ve any questions regarding this .. . free to co . . el Fe . � � - r�quesi; ar 'rf you need �dditional informs�tion. . . . . . � � .�Sincerely, � � . � � � ' . � � � � � � � � � � � . . . . . � Ric arci Whinnery � . � �.. �., � � . . . . � �� ,.� � . . . . .� .'. ..� : . � . � , . ' . � � I3750 Reimer Dr. •, Iwlap��-Grov,e, MN �55311: �. �� 7b3-��6-(�0�2 f. Fax:. 753�420-5831 � . . : .. � . . �• 5 : � . � � � TOTf� PAC�.02 ** ' n E AGENDA ITEM • _ � CITY COUNCIL MEETING OF DECEMBER 12, 2005 CfTlf OF FRIDLEY Date: To: From: Subject: December 7, 2005 William Burns Cit Mana er � , Y 9 � Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Sign Plan for Creekside Properties — 7101 Hwy 65 M-05-166 INTRODUCTION Karen Sorenson, owner of the Creekside Properties building at 7101 Hwy 65, is requesting that the City Council approve the attached sign plan. � SUMMARY Code Section 214.14, requires shopping centers and multiple tenant buildings to have a comprehensive sign plan approved by the City. The purpose of this requirement is to assure that centers have well planned, aesthetically pleasing, and consistent appearance. The proposed sign plan meets all the City's criteria and will ensure a consistent look for the signage of this building. Currently, the building does not have any permanently mounted wall signage. To ensure consistency, the comprehensive sign plan will allow each tenant to have a 3 ft. by 8 ft. illuminated panel sign. The panel will consist of a white background and black and blue lettering and will allow the tenants to incorporate logos into their signage. The sign panels with be centered on the sign band on the west side of the building. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the proposed comprehensive sign plan for the Creekside Properties building located at 7101 Hwy 65. � � CREEKSIDE PROPERTIES BUIDLING 7101 HWY 65 NE FRIDLEY MN Signage Criteria Tenant renting a minimum of 200 sq. ft. frontage office space @ 7101-65 at landlords option, may display an exterior sign. All such signs shall be subject to the requirements and limitation as outlined hereafter. The furnishing and installation of a sign and the cost incurred shall be the responsibility of the tenant. 2. Character, design and layout of signs shall be subj ect to written approval of landlord. Tenant shall be allocated an area on the exterior fa�ade of the building to identify their business consistent with drawing of building showing tenant signage. 4. No sign shall be placed in final position without the written approval of the landlord in addition to the City of Fridley approved sign permit. Sign Construction Specification A maximum of four 3 ft. x 8 ft. illuminated signs shall be mounted on the west face of the building. Sign to consist of a white background, printing black and royal blue, with logos allowed. Signs to be wall mounted, one foot above the lowest point on the sign band (facia) on the west side of the building. The signs for suites 3 and 4 will be equal distance form west entrance, centered over the (4) windows of each suite. Signage at the south end of the building shall be centered over (3) windows near the south entrance. Signage on the north end of the building shall be the same distance from the north entrance. See attached drawings. All signs shall be installed in compliance with municipal and electrical codes. Tenants Allowable Sign Space Each tenant (four total) is allowed a 3 ft. x 8 ft. (24 sq. ft.) illuminated sign. Each tenant must meet the City of Fridley wall sign requirements, which is fifteen times the square root of the linear length of the tenant's frontage. The west side of the building is 74 ft. City code allows 129 sq. ft. of signage for the entire west wall. Each of the four signs at 24 sq. ft. (96 sq. ft. total), meets the City of Fridley wall signage requirements and complies with the intent of this sign plan. Prohibited Signs a. Paper or cardboard signs, stickers, decals used as signs, letters, symbols or identification painted directly on any exterior surface of the building. City code allows only 40% of a window to be covered in signage from the inside. b. Signs of temporary character of purposed. Auxiliary signage used for grand openings or special events is subj ect to landlord and municipal approval. Moving, flashing, or flickering lights. Sign Approval Procedure Tenant shall submit to landlord drawing and specifications. The drawings shall clearly show location of sign on the fa�ade, construction and attachment detail. Landlord will approve or disapprove within 5 working days of receiving drawings and specification for approval. Tenant to note that permits fees will be required at the time the sign permit application is submitted to the City. Fee information is available on-line at w-w-w.ci.fridley.mn.us Sign Change and/or Removal Tenant shall be responsible for all repairs to fa�ade incurred from attachment of sign. Tenant shall also be responsible for painting of fa�ade upon removal of sign. � FROM : . � .' • . k FAX N0. : �Ii x � � .�'�. � � � � � � � � �� 0 � � � � riI � � �"'� �' = � � _ � � � � �' y � 9 No�. 28 2005 �4:52PM P2 � C� ��\ _ \Y � i' �1• � �Tw � �: . � . . � : . � � �n�W ° �a �� o o`' 00 � � ..,Y � Q� rs �� "r ,.��',t o e� n� ��, a� �' d�� m �� r� o�� L.�� `ZcC`wa � � ""' m d v�ZR° � c�v � ,.., �, tr� 's� � � W�� c� N � � Cx. � � � � rr �� G � � � �• f � cm aF FRIDLEY Date: To: From: Subject: ti � AGENDA tTEM CITY COUNCIL MEETING OF DECEMBER 12, 2005 December 8, 2005 William Burns, City Manager y� r 9i Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Final Plat, PS #OS-04, Target Addition (Olivia Grove) Background On June 27, 2005, the City Council approved a preliminary plat request, PS #OS-04, submitted by Jaci Bell, Target Corporation. The plat has now been approved by the County and is ready for iinal plat approvaL The property is located at 755 53rd Avenue NE.. The purpose of the new plat is to subdivide the current � Target property to allow construction of a free-standing PETCO and new Super Target facility. Legal Counsel for both the City of Fridley and Target Corporation are still reviewing the development agreement for the Target Plat. Typically, we have the development agreement and final plat approved at the same time. The Target agreement is not ready for City Council approval. However, for tax purposes the Target Corporation has asked that the plat be approved prior to 2006. This plat is unlike most plats in that no public improvements axe required. Therefore, the Target development agreement is primarily to memorialize stipulations of the plat and not to guarantee public performance relative to public improvement installations. Therefore, staff recommends that Council approve the plat without a development agreement at this time. Further, staff recommends that Council's plat approval include one additional stipulation that requires that a development agreement be available for City Council approval within 60 days. Council/Commission Action The Planning Commission held a public hearing on the preliminary plat on June 15, 2005. Both the Planning Commission and the City Council recommended approval of the preliminary plat. There has "r been no opposition to the plat by members of the public. Recommendation � City Staff recommends adoption of the attached resolution approving the final plat for PS #OS-04 for Lots 1 and 2, Olivia Grove with the following 12 stipulations that were approved with the preliminary plat , plus one additional development agreement stipulation, attached as Exhibit A. � 10 RESOLUTION NO. 2005- RESOLUTION APPROVING A PLAT, P.S. #OS-04, LOTS 1 AND 2, OLIVIA GROVE, BY THE CITY OF FRIDLEY, FOR THE PURPOSE OF CREATING TWO LOTS, GENERALLY LOCATED AT 753 AND 755 53� AVENUE NE, FRIDLEY, MN WHEREAS, the Planning Commission held a public hearing on June 15, 2005, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for 753 and 755 - 53rd Avenue at their June 27, 2005, meeting, with stipulations attached as E�ibit A; and WHEREAS, a copy of the final plat has been attached as E�ibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for 753 and 755 - 53rd Avenue and directs the petitioner to record said document at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12Tx DAY OF DECEMBER 2005. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK . . � . STIPULATIONS Page 2— Resolution — 753 and 755 — 53`d Avenue EXHIBIT A 1. Petitioner shall obta.in all necessary permits prior to construction. 2. Any remaining debris from demolition of existing buildings on site shall be removed prior to granting of iinal plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of $0.023 per square foot for a total of $19,308.98 for both plats prior to issuance of building pernuts. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new construction shall be marked and approved by City staff prior to issuance of building permits. 9. Commercial building shall meet all parking and setback requirements unless abated by a variance. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff � and approved by the City Council simultaneous with their final plat approvaL 12. Petitioner shall replace existing west fence from the southern edge of the adjoining City park to the northwest corner of their property with T high vinyl coated chain link fence, including installation of Engleman ivy planted 2' on center along the fence base along the Cheri Lane cul-de-sac, leaving a pedestrian-only access opening in the fence. If the fence opening location is moved for safety reasons, Petitioner will be responsible for the expense of paving a new pathway on the City right-of-way from the cul-de-sac to the fence opening. 13. Target Corporation shall request any and all changes to the development agreement in a timely manner, so that the development agreement can be finalized and before the City Council for approval by February 15, 2006. • 13 0 0 ♦ � I I�. I . . � . .. � � � . _ . . II I .. . . . . . � � � � � i � I I i '' I�j I � II ��; I�� I I ,�rw: V �vr• 44 4� � � �. � . . k. � � �� ;; ^�F�= I I Z � � �T 4 �'-= I �-'r; �;,,,., �� , i y I� ' , , ,,.. �.,�,,,.,, �� I �s N� �88 ; � � � � I � 'E:.,?:£ 'Ef,•r.;; 2r:C ...,,_ ; I � _� L I I I � r ?J � ..� .., I � aG' w5 rt � .I,}'e �iowrm..� Ra. p � c'� � :ry I � i ", c�i w r owt � nw.c no � +•o �owe. � . . . . . . ��'•{ I o:,�• � 4� c�,� e.uaas.m+o.�. .moa.� Stet . f . r�i�=�•v . �;kp�t �i . I ' _ _ � _ � �, � � � :�=; 'Y- —d: � �, L o�� . � k=�(�II . . . . . �� ,� I � ��-- � �-� ��I�� ¢�F z��i�e I � �;2� � � � *'s . ��r��s�t'p', �} �! .. g �t�"LYC�F� �,Fei � 7a� I ,�° � v � i•-.�' ••M'—• � i �^ �i #F i � � � . � �` 1'� r� [rro�.++ � r G • k zaF� � •a �..o..u.,.w, � �� .. �. << I �l � �, �� c' , 4s I~ �a �u= k � Y �' � ._ � _ � ' „;.. n � °: �' �T q � � �, t f � �f i � I�,:��7 wov^sr�w ws.as_ - - - � �=-- =; �% .m.yti��; _ - — - - — ��"�il� � _ —�, '�-� -- �,� �..-- �----��- _�,f �?�� v �� J I #� r`� 1 I8� Yia� I Y6�'• Tp �•,:, �1 � . i . I� . �j1��' � e� `f�� R=� �. � . . . . . `^ Z� I g� �q„ Z � � � � •", I, I��I xC�t � I •' y�~ A,•�$��, I X ,' t= + "' �.F � I � �; � . wt ��' •. � s� �FL�I FtL z .. � i L� � `t �a q / I rY� L 1 s I kFi .. . I� � u �' ��E�=� f e- / .I . �S� � `r. •� 7 �.arroa�T I �...0 I I 1� �° �. ' �, /Q'°v i i.�� I tl & � . . � .� � � � � L ' � � "7 1 �� ' . . � � �. I � � � '� `� ti a� � E�S� I r� � ��'s ��' � IL� � ' ' . , , � � .��:;� � � , . � �:�� I � ., i M x .' r_,`` �r,4�� ` � i:L`I �"� a�� C'� � � i ! � rjy fFFI rqFF �sLER � N��`�F �° �r•� �:' � \ : ��iE� Y�e� ?S=f I � �� ftc � I � ��;� I� y� � ~�fe� �F� Y � /, I' � iE= � � Exi `S i . I �t�� s � , �={L a r 'rRa� . �� 0 I 1 �� CFZq I ��I x '�� 3 �� ' _ �� , � , . . � � . �� I .. . . � � . � . . $_ _ . err� ��4. � I' �' . . �� . � � ' NOOMO'f,!'F BDaSS � �� . �� . 1 � . �F£ I� �{� 1 y 1/ 8`�e � �� , O r ��` i�x€i�� =� - � 1 � I � c ,��.il � ,T i ,; �I- . I si � �'— — � c� / � � %^� � � _a�_— �' / � � i I..;� ,.a.Y.,+" — i ii � � �� I I�-- � � � � � , I -, iasE i � . I ; I . keS! �� . / /. � �� ... . . . . . . a�st f�•g I �� I � _� , I {�I t Y�F --- Y~�I L— � � � /� c3' ' y� � _� _ — �— — — '� . ii . � � . � 1 I ' _ y _ {t) _____ __ . p� =7A�F � 'R�..Y.' �� {J:.,H:'A•' __ _ Si _ . �_ _ _ __ _ _ _ _ _ . __ _ _ _._ _ — ✓ —_ .�_ ' . . . . . � . . . � �� o � � Q. n g g e : � � :� !ze ��s � . e i q� .r i� �� $� � � �� ' � � :� � �� e€ ��- 14 ...^.t7RL`F 5.'xEE' �� NOD�577S�M' {9588 _ NolfiDE SIREET t ,,,..' �� '==p 1cF f = r�L� � ._�ts � � � I� � �= g ' �, , �eL#� ��s I�' Ria: I� Y�[; p nS� ir--- p li---------' c� n o n � n y � igr��- . � �a E, � a c� y cw 2 �`��i ti Z`� � I � � CffY OF FRIDLEI' Date: To From: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 12, 2005 December 5, 2005 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Subject: Solid Waste Abatement Program (SWAP) Fee Increase Background Annually, staff reviews the curbside recycling program revenues and expenses for the purpose of setting an appropriate recycling service fee on City utility bills for the upcoming year. Revenues are generated from (1) the SWAP fee on the utility bill, and (2) State SCORE grant funds. Expenses include (1) the curbside recycling service, (2) recycling drop-off services, (3) personnel, and (4) public education. Revenue The SWAP fund obtains its primary source of revenue from fees on utility bills. Raising the recycling program fee by 2.8% in 2006 will increase the quarterly fee from $6.16 to $6.33 per household. This results in a$.68 increase per year for residents. In order to help alleviate the projected annual shortfall of the SWAP fund, staff recommends increasing the SWAP recycling service fee by 2.8%, which is the maximum allowable per City Charter based on the CPI. Fridley also receives SCORE funding for qualified recycling expenses as another source of revenue. Expense The largest SWAP fund expense comes from the curbside recycling contract. Fridley began a new five year contract with BFUAllied Waste on April 1, 2005. The contract costs increased by 10% in 2005 and will increase by 2% in 2006. The City will pay a quarterly rate of $7.35 per household beginning April 1, 2006. The curbside recycling rates negotiated in this contract will increase annually. Although the new curbside recycling service contract is more costly in monthly fees, this arrangement has generated $73,400 in recycling revenues the first six months. Staff is currently preparing documentation to use in a meeting with the County in hopes of getting the County's funding policy changed. Our goal is for the City to be able to apply recycling revenues toward our recycling expenses without loss of SCORE grant funds. Even if staff is successful in pleading Fridley's case before the County, staff believes it would be wise fiscal management to raise the SWAP fee to the maximum allowed as future recycling revenues are not guaranteed. If the proposed fee increase of 2.8% is implemented, the SWAP fund could still face revenue shortfalls. Depending upon market conditions, a funding gap could still exist. Recommendation Staff recommends that the City Council adopt the attached resolution, directing staff to increase the SWAP recycling service fee to $6.33 per quarter effective with the January 1, 2006 utility billing. M-OS-164 RESOLUTION NO. -2005 A RESOLUTION APPROVING RECYCLING SERVICE FEES WHEREAS, State Statute 115A.552, Subdivision 2, requires the City of Fridley to provide, at minimum, curbside recycling services; and WHEREAS, the City of Fridley has chosen to provide Fridley residents with recycling services, including curbside recycling; and WHEREAS, the State provides only partial funding to subsidize the City's recycling efforts so that the remaining costs must be paid by the user of such services; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that the per dwelling unit service fee charged to all single through 12-unit multi-unit residential buildings serviced by the City's residential recycling service contract in the City be set at $6.33 per dwelling per quarter effective with the January 1, 2006, utility billing. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12t" DAY OF DECEMBER 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK � � CffY OF FRIDLEI' i'�: FROM.• AGENDA ITEM COUNCIL MEETING OF DECEMBER 12, 2005 WILLIAM W. BURNS, CITYMANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT.• SEWER RATE INCREASE FOR 2005 Date: December 7, 2005 As part of the budget work done this year, we indicated that the Sewer Utility Fund would require a rate increase for 2006. Even with this rate increase, we are projecting this fund to end the year with a deficit. We are recommending an increase for 2006 in the amount of 2.8 % based on the local initiative that limited the amount we can raise the rates. We are recommending that the sewer rates be increased to $2.52 per thousand gallons. This increase would be effective the first billing in January of 2006. Staff is recommending the sewer rate change for 2006. RDP/me Attachment RESOLUTION NO. 2005 - RESOLUTION PROVIDING FOR SEWER RATE INCREASES WHEREAS, Section 402.13 of the City code provides that the City Council shall have the authority to set sewer rates, and Whereas, based on the increases of disposal of sanitary sewer costs, the rate increase of 2.8% is being passed through to the sanitary sewer utility customers. NOW THEREFORE, BE IT RESOLVED, that the following sewer rate schedule shall be effective with the first billing in January, 2006. PROPERTY CLASS "Single Family" Dwelling (including Townhomes) Commercial/Industrial Non-Profit Entity including schools Multiple Dwellings (including Trailer Courts) CONSUMPTION BASIS Winter Quarter Water Usage Current Quarter Water Usage Current Quarter Water Usage Winter Quarter Water Usage MINIMUM CHARGE $30.24 $63.00 $63.00 $63.00 MINIMUM CONSUMPTION 12,000 Gallons 25,000 Gallons 25,000 Gallons 25,000 Gallons Qualifying Disabled and Senior Winter Quarter Maximum of No Minimum — Citizens Water Usage $25.20 Maximum of 10,000 Gallons All consumption in excess of the minimums stated above will be charged at a rate of $2.52 per thousand gallons. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12th DAY OF DECEMBER, 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY i'�: FROM.� AGENDA ITEM COUNCIL MEETING OF DECEMBER 12, 2005 WILLIAM W. BURNS, CITYMANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT.• STORM WATER RATE INCREASE FOR 2006 Date: December 7, 2005 As part of the budget work done this year, we indicated that the Storm Water Fund would require an increase for 2006. We are recommending an increase for 2006, but because of the local initiative we are limited to an increase of 2.8%. We are recommending that the REF factor be increased to $9.63 per quarter. You might recall that a residential lot was defined to be 1/3 of an REF acre. The quarterly cost for storm water would then be $3.21 per quarter for a residential lot. This increase would be effective the first billing in January, 2006. Staff is recommending the storm water rate change for 2006. RDP/me Attachment RESOLUTION NO. 2005- RESOLUTION PROVIDING FOR A STORM WATER DRAINAGE RATE CHANGE WHEREAS, Section 402.13 of the City Code provides that the City Council shall have the authority to set the storm water drainage fee by resolution, and Whereas, the expenses associated with the maintenance of the storm water system have increased, and WHEREAS, the City has indicated a desire to provide for proper maintenance and improvements to the storm water drainage system, and WHEREAS, both the maintenance and improvements have been outlined in the City's Budget and Capital Improvement Program, and WHEREAS, the new rate is to be effective with the January, 2006 billing. NOW THEREFORE, be it resolved, that the following storm water drainage rate for all customers shall be $9.63 per quarter per REF-acre. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12th DAY OF DECEMBER, 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY i'�: FROM.� AGENDA ITEM COUNCIL MEETING OF DECEMBER 12, 2005 WILLIAM W. BURNS, CITYMANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT.• WATER RATE INCREASE FOR 2006 Date: December 7, 2005 As part of the budget work done this year, we indicated that the Water Fund would require a rate increase for 2006. This fund is projected to end the year of 2006 with a deficit even with the requested rate increase. We are recommending an increase for 2006, but because of the local Charter limitation to the increase in rates, it will be limited to 2.8%. We are recommending that the water rates be increased to $1.15 for the consumption under 5,000,000 gallons and $1.20 for consumption over 5,000,000 gallons per quarter. This increase would be effective the first billing in January of 2006. Staff is recommending the water rate change for 2006. RDP/me Attachment RESOLUTION NO. 2005- RESOLUTION PROVIDING FOR WATER RATE CHANGE WHEREAS, Secrion 402.13 of the City Code provides that the City Council sl�all have the authority to set water rates by resolution, and WHEREAS, increases in operaring costs since the last water rate increase in 2005 have necessitated an increase in rates limited to an increase of 2.8%. WHEREAS, the rates are to be effecrive with the January, 2006 billing. NOW THEREFORE, be it resolved, that the following water rate schedule for all customers except those qualifying for the low income senior cirizen and disabled citizen rate shall be as follows: WATER RATE SCHEDULE 0 - 5,000,000 $1.15/1,000 Gal/Miiiimum $13.80 OVER - 5,000,000 $120/1,000 Gal BE IT FURTHER RESOLVED, that the City Council hereby provided a reduced rate schedule for qualifying low income senior cirizens and disabled citizens as follows: SENIOR CITIZEN RATE SCHEDULE 0 - 5,000,000 $.85/1,000 GaUMinimum $10.20 The following criteria must be set to qualify for the low income senior citizen rate: 1. The senior cirizens must occupy single family or double bungalow units. The senior cirizen rate does not apply to apartments, commercial, industrial, institutional, or other. 2. The customer or person having responsibility for payment of the water charge must be sia�ty two years of age or older and must provide a copy of a valid Miiiiiesota Driver's License or receipt thereof, or a Mimlesota Idenrificarion Card or a receipt thereof with current address for proof of age. 3. The person must certify that the total household income is less than the low income level defined by the Department of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's Federal Tax Form. The following criteria must be met in order to qualify for the low income disabled citizen rate: 1. Disabled cirizens must provide a copy of an award letter from the Social Security Administrarion indicating that the individual is one hundred percent (100%) disabled. 2. The person must certify that the total household income is less than the low income level defined by the Department of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's Federal 1040 Tax Form. PASSED AND ADOPTED BY THE CITY COUNCII, OF THE CITY OF FRIDLEY THIS 12thDAY OF DECEMBER, 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIQLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF December 12, 2005 William W. Burns, City Manager Richard D. Pribyl, Finance Director Deb Skogen, City Clerk December 7, 2005 Fridley American Legion Post 303 - Charitable Gambling Premise Permit Renewal Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Premise Permit for Fridley American Legion, Post 303, located at 7365 Central Avenue NE, was suspended by the state from December 14, 2004 through December 14, 2006. If their license were not suspended, their license would expire February 28, 2006. The American Legion is now seeking a license renewal for the next license period. They are requesting a resolution from the City Council to approve their renewal license for the time period beginning December 15, 2006 through February 28, 2008, contingent upon the state removing the suspension. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. RESOLUTION NO. 2005 - RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY AMERICAN LEGION, POST 303 WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Fridley American Legion, Post 303, and WHEREAS, the location of the Premise Permit is for their premises located at 7365 Central Avenue NE; and WHEREAS, the licensee's current license has been suspended for a two year period beginning December 14, 2004 and ending December 14, 2006, due to paddlewheel violations, theft and lack of supervision resulting in the loss of funds; and WHEREAS, the state has sent the American Legion a renewal application for the license period March 1, 2006 through February 28, 2008; WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Fridley American Legion, Post 303 on their premises located at 7365 Central Avenue NE for the time period of December 15, 2006 through February 28, 2008, contingent upon the state removing the suspension of their license. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 200 . SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 12, 2005 CffY OF FRIDLEY To: William W. Burns, City Manager From: Deborah Dahl, Human Resources Director Date: December 9, 2005 Re: 2006 & 2007 Police Patrol Contract (L.E.L.S.) Attached is the labor agreement and the accompanying resolution setting forth terms and conditions of employment for police officers in 2006 and 2007, based on the final vote taken by patrol members. Apart from changes in dates and correction of typographical errors, the following is a summary of the changes for the 2006 and 2007 contract: 1. Article 35. Duration A two-year contract has been awarded through December 31, 2007. 2. Article 17 - Benefits The City of Fridley has agreed to contribute up to the maximum amount provided per month equal to non-union employees toward health, dental, life and life insurance, in accordance with the employer's flexible benefit plan for the calendar years 2006 and 2007. We did agree, however, that if the City were to substantially change the contribution or benefit plans in 2007, negotiations would be re-opened on insurance. The City agreed to continue discussions on a healthcare savings account related to post-employment and retirement. 3. Article 22 - Wa�es Hourly rates for LELS union members increase by three percent (3%) for the calendar year of 2006 as well as three percent (3%) for the calendar year of 2007. 4. Article 30 — Compensato .r� The City agreed to increase the maximum comp time accrual from 24 to 36 hours. 5. Article 26 — Holidavs The Union proposed to increase the number of City-paid holidays from 11 to 12, since the average number of holidays is at 11.5. The City denied the request, but agreed if non-union members were awarded a 12th holiday, it would apply to the Union, too. Memorandum to William Burns December 9, 2005 Page 2 6. Article 32 — Specialty Pay While it has been an ongoing practice in the department, this contract formally included the title of Drug Task Force Investigator under the 5% Specialty Pay provision, similar to other investigators, Rental Housing Officer and School Resource Officer. 7. With the exception of some general language changes, the above mentioned items summarize the extent of the contract changes from 2005. Action Needed I am recommending that this contract be presented to the City Council for approval at the Dec. 12, 2005 Council Meeting. DKD cc: Donovan W. Abbott, Public Safety Director Chuck Bengston, LELS Business Agent Kurt Morse, LELS Steward Frederic W. Knaak, City Attorney Deb Skogen, City Clerk RESOLUTION NO. - 2005 RESOLUTION APPROVING AND AUTHORIZING SIGNING AN AGREEMENT WITH POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2006 AND 2007 WHEREAS, the Law Enforcement Labor Services, Inc. as bargaining representative of the Police Officers of the City of Fridley, has presented to the City of Fridley various requests relating to the wages and working conditions of Police Officers of the Police Department of the City of Fridley; and WHEREAS, the City of Fridley has presented various requests to the Union and to the Employees relating to wages and working conditions of Police Officers of the Police Department of the City of Fridley; and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, representatives of the Union and the City have reached an agreement (Exhibit "A"); and WHEREAS, Union members voted in favor of adopting the agreement, NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit "A") relating to wages and working conditions of Police Officers of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK EXHIBIT "A" LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 2006 & 2007 LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 2006 & 2007 TABLE OF CONTENTS ARTICLE PAGE 1. Purpose of Agreement 1 2. Recognition 1 3. Definitions 1 4. Employer Security 3 5. Employer Authority 3 6. Union Security 3 7. Employee Rights - Grievance Procedure 4 8. Savings Clause 7 9. Seniority 7 10. Discipline 8 11. Constitutional Protection 8 12. Work Schedules 8 13. Overtime 9 14. Court �me 9 ll 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Call Back �me Working Out of Classification Insurance Standby Pay Uni_f'orms P.O.S.T. Training Longevity and Educational Incentive Wage Rates Legal Defense Probationary Periods Annual Leave Holidays Short-term Disability Bereavement Leave Pay Jury Pay Compensatory Time Employee Education Program Pay for Investigators or School Resource Officer BMC Case No. 85-PN-486-A. Issue 8 Waiver Duration lll 10 10 10 11 12 12 12 13 14 14 14 16 16 17 18 18 18 19 19 19 20 LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 Article 1. Purpose of Agreement This Agreement is entered into between the City of Fridley, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. Article 2. Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, subdivision 8, for all police personnel in the following job classifications: 1. Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. Article 3. Definitions 3.1 Union Law Enforcement Labor Services, Inc. 1 3.2 Union Member A member of the Law Enforcement Labor Services, Inc. 3.3 Employee A member of the exclusively recognized bargaining unit. 3.4 Department The Fridley Police Department. 3.5 Emplo ��er The City of Fridley. 3.6 Chief The Public Safety Director of the Fridley Police Department. 3.7 Union Officer Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3.8 Investi�ator/Detective An Employee specifically assigned or classified by the Employer to the job classification and/or job position of Investigator/Detective. 3.9 Overtime Work performed at the express authorization of the Employer in excess of the Employee's scheduled shi_f't. 3.10 Scheduled Shi_f't A consecutive work period, including rest breaks and a lunch break. 3.11 Rest Breaks Periods during the scheduled shi_f't during which the Employee remains on continual duty and is responsible for assigned duties. 3.12 Lunch Break 2 A period during the scheduled shi_f't during which the Employee remains on continual duty and is responsible for assigned duties. 3.13 Strike Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful; and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. Article 4. Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the Employer. Article 5. Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and moclify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to moclify, establish, or eliminate. Article 6. Union Security 6.1 The Employer shall deduct from the wages of Employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate Employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the Employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the �3 Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. Article 7. Employee Rights — Grievance Procedure 7.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representatives The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall noti_f'y the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by Section 6.2 of this Agreement. 7.3 Processin� of Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1 An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2, n shall be placed in writing setting forth the nature of the grievance, the facts on which it is based; the provision or provisions of the Agreement allegedly violated; the remedy requested; and shall be, appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer to Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2 If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer- designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 2a If the grievance is not resolved at Step 2 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 3 of the grievance procedure. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days of inediation shall be considered waived. Step 3 A grievance unresolved in Step 2 or Step 2a and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 7.5 Arbitrator's Authoritv a. The arbitrator shall have no right to amend, moclify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or moclifying or varying in any way to application of � laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. 7.7 Choice of Remedv If, as a result of the written Employer response in Step 2 or 2a, the grievance remains unresolved, and i_f' the grievance involves the discipline of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 3 of Article 7 or to the Civil Service Commission. If appealed to the Civil Service Commission the grievance is not subject to the arbitration procedure as provided in Step 3 of Article 7. The aggrieved Employee shall indicate in writing which procedure is to be utilized - Step 3 of Article 7 or the appeal procedure in the Fridley Police Department Civil Service Rules and Regulations - and shall sign a statement to the effect that the choice precludes the aggrieved Employee from making a subsequent appeal through Step 3 of Article 7. Article 8. Savings Clause � This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. Article 9. Seniority 9.1 Seniority shall be determined by the Employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period, a newly hired or rehired Employee may be discharged at the sole direction of the Employer. During the probationary period a promoted or reassigned Employee may be replaced in his/her previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An Employee on layoff shall have an opportunity to return to work within two years (2) of the time of his/her layoff before any new Employee is hired. 9.4 Senior Employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of Employees are equal. 9.5 Senior qualified Employees shall be given shift assignments preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous scheduled annual leave period shall be selected on the basis of seniority until March lst of each calendar year. After March lst, scheduled annual leave shall be on a first-come, first-served basis. 9.7 Employees shall lose their seniority for the following reasons: a. Discharge, if not reversed; b. Resignation; c. Unexcused failure to return to work after expiration of a vacation or formal leave of absence. Events beyond the control of the Employee, 7 which prevent the Employee from returning to work will not cause loss of seniority; d. Retirement. Article 10. Discipline 10.1 The Employer will discipline Employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or e. discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an Employee's personnel file, shall be read and acknowledged by signature of the Employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by suspension without pay for forty (40) regularly scheduled working hours unless otherwise required by law. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the grievance procedure under Article 7. Article 11. Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. Article 12. Work Schedules 12.1 The normal work year is an average forty (40) hour work week for full-time Employees to be accounted for by each Employee through: �'j a. hours worked on assigned shi_f'ts; b. holidays; c. assigned training; e. authorized leave time. 12.2 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. Article 13. Overtime 13.1 Employees will be compensated at one and one-half (1-1/2) times the Employee's regular base pay rate for hours worked in excess of the Employee's regularly scheduled shi_f't. Changes of shi_f'ts do not qualify an Employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by Employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs i_f'requested by the Employer unless unusual circumstances prevent the Employee from so working. Article 14. Court Time 14.1 An Employee who is required to appear in court during his/her scheduled off- duty time shall receive a minimum of three (3) hours pay at one and one-half (1.5) times the Employee's base pay rate. The City may assign the Employee to stand by pending the notification of their appearance being required. Unless otherwise specified by the City or the prosecutor, this period of standby shall commence two (2) hours prior to the time scheduled for the Employee's appearance in court. The Employee will be compensated for two (2) hours at their base rate as provided in Article 18 for each day on standby. 14.2 If the court appearance is scheduled during the Employee's off time, and if the court appearance is cancelled, the Employee will be notified by the end of the business day (5:00 p.m.) preceding the court appearance. If notification of cancellation is not made by the end of the business day (5:00 p.m.) preceding the a7 court appearance, the Employee will receive standby pay for two (2) hours at their base rate of pay. 14.3 The business day notice applies to all court cases for which the Employee receives notice resulting from their employment with the City. 14.4 Employees who are assigned to standby for a court appearance during their off- duty time, and who are then notified by the prosecuting attorney that they need to appear and who do appear in court shall receive a minimum of three (3) hours pay at one and one-half (1.5) times the Employee base rate of pay. Employees will not be paid both standby pay and for three (3) hours at one and one-half their base rate of pay. 14.5 Employees will be required to appear for the Court Trials/Traffic Court, for Contested Omnibus Hearings, for Implied Consent Hearings, and for any other court appearance where the City or the prosecuting attorney directs that Standby is not feasible. Article 15. Call Back Time 15.1 An Employee who is called to duty during the Employee's scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1-1/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shi_f't for duty does not quali_f'y the Employee for the three (3) hour minimum. 15.2 An Employee who works extra-duty work (outside employment) during the Employee's scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1 1/2) times the Employee's base pay rate. Article 16. Working Out of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. Article 17. Insurance 17.1 For the calendar year 2006, for Employees who choose single coverage, the Employer will contribute up to $416.45 per month per employee toward health or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 17.2 For the calendar year 2006, for Employees who choose dependent coverage, the Employer will contribute up to $932.82 per month per employee toward health, 10 or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 17.3 For the calendar year 2006, for Employees who choose dental coverage, the Employer will contribute up to $20 per month toward dental, or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 17.4 The Employer will provide group term life insurance with a maximum of $25,000 per Employee and additional accidental death and disability insurance with a maximum of $25,000 per Employee (current cost is $4.75 per month), or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 17.4 In accordance with the Employer's Flexible Benefit Plan, Employees have the option during an open enrollment period or during approved qualified events to decline health or dental insurance coverage, provided they provide proof of coverage elsewhere. In lieu of electing health and dental benefits, Employees may elect the option of having ten (10) additional Benefit Leave Days or a monthly cash benefit of 333.16, or the amount equal to or greater than the amount provided to non-union employees. Benefit Leave days are required to be used within in the calendar year and may not be carried into the following year. 17.5 If there are substantial changes to the health insurance contributions in 2007, the City and Union agree to reopen negotiations on this article. 17.6 The City and Union agree to continue discussions on healthcare saving accounts related to post-employment or retirement. Article 18. Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. Employees placed on standby shall remain able to respond within a reasonable time. Such reasonable time, i_f' not otherwise specified at the time of assignment to standby, shall be one (1) hour to the police department, assigned court location, or other location designated by the City. Employees placed on standby shall remain available to be contacted by the Employer by normal means to include phone or wireless communication devices. Employees assigned to standby for court appearances shall be compensated for two hours' pay for each day or portion of a day on standby. Article 19. Uniforms The Employer shall provide required uniform and equipment items. 11 Article 20. P.O.S.T. Training 20.1 Employer shall assign training at Employer's expense for Police Officers to complete 48 hours of P.O.S.T. Board approved education during each three-year licensing period. 20.2 Employer shall pay the cost of maintaining P.O.S.T. licensure for all Employees required to maintain the license. Article 21. Longevity and Educational Incentive Effective July 1, 1978, the following terms and conditions are effective, except that Employees hired after January 1, 1987, shall not be eligible for educational incentive. 21.1 After four (4) years of continuous employment each Employee shall choose to be paid three percent (3%) of the Employee's base rate or supplementary pay, based on educational credits as outlined in 21.6 of this Article. 21.2 After eight (8) years of continuous employment, each Employee shall choose to be paid supplementary pay of five percent (5%) of the Employee's base rate, or supplementary pay based on educational credits, as outlined 21.6 of this Article. 21.3 After twelve (12) years of continuous employment, each Employee shall choose to be paid supplementary pay of seven percent (7%) of the Employee's base rate, or supplementary pay based on educational credits, as outlined in 21.6 of this Article. 21.4 After sixteen (16) years of continuous employment, each Employee shall choose to be paid supplementary pay of nine percent (9%) of the Employee's base rate, or supplementary pay based on educational credits, as outlined in 21.6 of this Article. 21.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 21.6 Supplementary pay based on educational credits will be paid to Employees after twelve (12) months of continuous employment at the rate of: Educational credits stated in terms of colle�e quarter credits 45-89 90 - 134 135 - 179 12 Percentage Pay increment 3% 5% 7% 180 or more 9% Not all courses are to be eligible for credit. Courses receiving aualifyin� credits must be iob-related. (Thus, a four-year degree is not automatically 180 credits - or two year certificate is not automatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. For example: If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of those courses would yield a total of eleven qualifying credits. C.E.U.'s (Continuing Education Units) in job-related seminars, short courses, institutes, etc. shall also be counted. The Employer shall determine which courses are job-related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-370-A. Article 22. Wage Rates 22.1 The following hourly wage rates will apply for 2004 & 2005 (amounts may be rounded to two decimal points): Start After six months After one year After two years After three years 22.2 Employees classified or classifications or positions regular wage rate: 2006 18.49 19.91 22.73 25.55 28.41 2007 19.04 20.51 23.41 26.32 29.26 assigned by the Employer to the following job will receive five percent (5%) in addition to their Investigative (detective); School Resource Officer; Rental Housing Officer and Drug Task Force Investigator 22.3 An Employee certified for and assigned to Field Training Officer (FTO) duties shall receive a minimum of two (2) hours of overtime or compensatory time, in addition to any other overtime worked for each twelve (12) hour shift worked as Field Training Officer or one (1) hour of overtime or compensatory time in addition to any other overtime worked for each eight (8) hour shift. The rate of pay will be equal to the overtime rate or compensatory time at time and one- half up to the limit in Article 30. Article 23. Legal Defense 13 23.1 Employees involved in litigation because of proven negligence, or non- observance of laws, or of a personal nature, may not receive legal defense by the municip ality. 23.2 Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under the direct order of his/her supervisor, shall be reimbursed for attorney's fees and court costs actually incurred by such Employee in defending against such charge. 23.3 Employer will provide protection for all Employees against false arrest charges. Article 24. Probationary Periods All newly hired or rehired Employees will serve a twelve (12) month probationary period. Article 25. Annual Leave 25.1 Each Employee shall be entitled to annual leave away from employment with pay. Employees shall accrue annual leave based on an average eight (8) hour work day. Annual leave may be used for scheduled or emergency absences from employment. Annual leave pay shall be computed at the regular rate of pay to which such an Employee is entitled; provided, however, that the amount of any compensation shall be reduced by the payment received by the Employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. An Employee's accumulation of annual leave will be reduced only by the amount of annual leave for which the Employee received compensation. 25.2 Seniority shall apply on scheduled annual leave up to March lst of each year. After March lst, scheduled annual leave shall be on a first-come, first-served basis. 25.3 A beginning Employee shall accrue annual leave at the rate of eighteen (18) days (144 hours) per year for the first seven (7) years (84 successive months). An Employee who has worked seven (7) years (84 consecutive months) shall accrue annual leave at the rate of twenty-four (24) days (192 hours) per year, beginning with the eighty-fifth (85th) month of successive employment. An Employee who has worked fifteen (15) years (180 successive months) shall accrue annual leave at the rate of twenty-six (26) days (208 hours) per year, beginning with the one hundred eighty-first (181St) month of successive employment. 14 These rates are based on a forty-hour (40) regular workweek. The actual amount credited to an Employee in any given pay period shall be prorated according to the actual number of regular hours worked during that pay period. Hours worked on overtime, callback, or standby shall not enter into the calculation of the accrual of annual leave. 25.4 For an Employee hired on or after January 1, 1984: The maximum total accumulation of annual leave at the end of any given year shall be thirty (30) days (240 hours). Once a year, at a time designated by the City, an Employee who has completed five (5) years of service with the City will have the opportunity to exchange up to five days (40 hours) of accumulated annual leave for cash. 25.5 For an Employee hired before January 1, 1984: Vacation accrued but unused as of December 31, 1983, shall be converted by annual leave at the rate of one (1) day of annual leave for one (1) day of vacation. Accrued but unused sick leave as of December 31, 1983, shall be converted to annual leave according to the following schedule: a. lst 45 days @ 1 day of annual leave for 1 day of sick leave b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave c. Remainder @ 1 day of annual leave for 3 days of sick leave In lieu of severance pay, one hour of annual leave shall be credited for each full month of employment up to a maximum of two hundred forty (240) hours. The total amount of annual leave credited to the Employee's balance as of January 1, 1984, shall be equal to accrued but unused vacation plus accrued but unused sick leave converted according to the formula above plus the amount in lieu of severance pay. If upon conversion to the annual leave plan an Employee's accumulation of annual leave exceeds thirty (30) days (240 hours), that amount shall be the maximum total accumulation (cap) for that Employee at the end of any subsequent year. Once a year, at a time designated by the City, an Employee will have the opportunity to exchange up to five (5) days (40 hours) of accumulated annual leave for cash. In addition, once a year at a time designated by the City, an Employee with an accumulation of annual leave in excess of thirty (30) days (240 hours) will have the opportunity to exchange up to five (5) days (40 hours) of annual leave for 15 cash. Such an exchange shall reduce the maximum total accumulation (cap) of an Employee by an equal amount. 25.6 An Employee who wishes to take advantage of the catch-up provision of the I.C.M.A. Retirement Corporation may exchange as many days as desired for cash under the following conditions: a. The Employee's cap is reduced by the number of days exchanged. b. In no case may the cap be reduced below thirty (30) days (240 hours). c. An Employee taking advantage of this provision must file the appropriate forms with the payroll division of the Employer. 25.7 Upon separation from employment with the City, an Employee will be paid one (1) day's salary for each day of accrued annual leave remaining in the Employee's balance. Article 26. Holidays 26.1 Employees will accrue eight (8) hours of holiday leave for each of eleven (11) holidays in a calendar year. If the City granted a 12th holiday to non-union employees, it would apply to the patrol union as well. 26.2 In addition to the eleven holidays, Employees assigned to the Patrol Division shall be paid at one and one-half (1- 1/2) times their base rate of pay for all hours worked on the actual holiday between the hours of midnight and midnight. For any overtime hours worked on a holiday, Employees will be paid two (2) times their base rate of pay. 26.3 Employees, with approval, may use accumulated holiday leave time in any hourly increment the Employee chooses. Article 27. Short Term Disability 27.1 Calculation of the short-term disability benefit shall be based on an average eight (8) hour workday. Each Employee who has successfully completed the Employee's probationary period shall be eligible for the short-term disability benefit. Such an Employee shall be entitled to full pay commencing on the twenty-first (21St) consecutive working day on which the Employee is absent (after absence for 160 consecutive regularly scheduled working hours) due to a physician-certified illness or injury off the job, and continuing until the Employee returns to work able to carry out the full duties and responsibilities of the Employee's position or through the one hundred tenth (110th) working day (880th regularly scheduled working hour) of absence, whichever occurs first. 16 Such an Employee shall also be entitled to full pay commencing on the eleventh (llth) consecutive working day on which the Employee is absent (after absence for eighty consecutive regularly scheduled working hours) due to a physician- certified illness or injury on the job and continuing until the Employee returns to work able to carry out the duties and responsibilities of the Employee's position or through the one hundredth (100th) working day (800th regularly scheduled working hour) of absence, whichever occurs first. The amount of any compensation for the short-term disability benefit shall be reduced by any payment received by the disabled Employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short-term disability benefit by the City to an Employee shall not exceed ninety (90) working days (720 working hours) for any single illness or injury, regardless of the number and spacing of episodes. The annual leave balance of an Employee receiving short-term disability benefit shall not be reduced, nor shall such Employee accrue annual leave during that period. 27.2 Before any short-term disability payments are made by the Employer to an Employee, the Employer may request and is entitled to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The Employer also reserves the right to have an examination made at any time of any Employee claiming payment under the short-term disability benefit. Such examination may be made on behalf of the Employer by any competent person designated by the Employer when the Employer deems the same to be reasonably necessary to veri_f'y the illness or injury claimed. 27.3 If an Employee hired before January 1, 1984, has received payments under the injury-on-duty provisions of previous contracts, the number of days for which payment was received will be deducted from the number of days of eligibility for coverage under short-term disability for that same injury. Article 28. Bereavement Leave 28.1 Bereavement leave will be granted to full-time Employees up to a maximum of twenty-four (24) scheduled hours. Bereavement Leave is granted in case of deaths occurring in the immediate family. For this purpose, immediate family is considered to include: spouse, children, parents, brothers, sisters, grandparents, grandchildren, parents in-laws, brothers in-law, and sisters in-law. 28.2 The City will allow union employees to follow current practices for non-union employees, which gives Employees an option to appeal directly to the City Manager for additional time off if extenuating circumstances prevail. Article 29. Jury Pay 17 It shall be understood and agreed that the Employer shall pay all regular full- time Employees serving on any jury the cliif'erence in salary between jury pay and the Employee's regular salary or pay while in such service. Article 30. Compensatory Time Management reserves the right to approve compensatory time in lieu of overtime pay. Compensatory time shall not be accumulated in excess of thirty six (36) hours, and must be used within the calendar year in which it was accumulated as determined by the Employer. Article 31. Employee Education Program 31.1 The Employer will pay certain expenses for certain education courses based on the following criteria: a. The training course must have relevance to the Employee's present or anticipated career responsibilities; b. Attendance shall be at an institution approved by the Employer. The course must be approved by the Chief. c. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 31.2 Programs Financial Policy Financial assistance not to exceed the amount of two thousand, nine hundred, twenty-five dollars ($2,925.00) per Employee per year will be extended to cover the cost of tuition, required books or educational materials, and required fees related to the course. Charges for student union membership, student health coverage and other charges for which the student receives some item or services other than actual instruction will not be paid. The Employer will pay fifty percent (50%) of the cost of tuition in advance of the Employee's actual participation in the course and the Employee shall pay fifty percent (50%) of the cost. Upon successful completion of the course, an Employee will be required to present to the Chief a certification of satisfactory work. Satisfactory work is defined as follows: a. In courses issuing a letter grade, a C or above is required. b. In courses issuing a numerical grade, seventy percent (70%) or above is required. �:? c. In courses not issuing a grade, a certification from the instructor that the student satisfactorily participated in the activities of the course is required. 31.3 If the Employee satisfactorily completes the course, the Employee will be reimbursed for the additional fifty percent (50%) of the tuition cost for which the Employee obligated himself or herself in the approved application as well as for the cost of any course required books, educational materials or fees. If the Employee fails to satisfactorily complete the course, the Employee will not be reimbursed for these costs. 31.4 The program will not reimburse the Employee for the hours the Employee spends in class, only for the tuition. 31.5 Expenses for which the Employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 31.6 The City will not pay tuition or other costs for those courses, which are used to make the Employee eligible for additional salary. Article 32. Pay for Investigators, School Resource, Rental Housing Officers, and Drug Task Force Investigators In addition to receiving the five (5%) percent per month differential pay, Employees assigned as Investigators, School Resource, Rental Housing Officers, and Drug Task Force Investigators shall be eligible for the overtime provisions of the contract applicable to Police Officers. Article 33. BMC Case No. 85-PN-486-A, Issue 8 The Employer shall establish a minimum of two (2) months between each shift change in the rotation. Article 34. Waiver 34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 34.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated 19 duration of this Agreement. The Employee and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by the Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. Article 35. Duration This Agreement shall be effective as of the first day of Jan.l, 2006, and shall remain in full force and effect through the thirty-first day of December, 2007. In witness whereof, the parties hereto have executed this Agreement on this day of , 2005. I hereby recommend approval of this agreement. FOR CITY OF FRIDLEY Scott J. Lund, Mayor (Date) William W. Burns, City Manager (Date) Deborah K. Dahl, Human Resources Director (Date) Donovan W. Abbott, Public Safety Director (Date) FOR LAW ENFORCEMENT LABOR SERVICES, INC. Chuck Bengston, LELS Business Agent (Date) Kurt Morse, Steward (Date) 20 � � CffY OF FRIdLEY Name AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 12, 2005 Position Appointment Starting Salary Michael HRA Accountant $21.71 Jeziorski Exempt per hour Starting Date Dec. 27, 2005 Replaces Paul Eisenmenger � AGENDA ITEM � COUNCIL MEETING OF DECEMBER 12, 2005 CffY OF FRIDLEY CLAI MS 124506 - 124665 � � C,fTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 12, 2005 LICENSES Type of License � Approved By SOC/AL SK/LL CARD GAME TOURNAMENT SERV/CE PROV/DER L/CENSE Black Hat Productions Jerry Chappel Public Safety Director 14213 Benson Overland Park, KS 66221 � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 12, 2005 �°F LICENSES FRIDLEY Contractor T e A licant A roved B Bainey Group Inc Commercial Angie Holtz Ron Julkowski, BO Diversified Construction Commercial Ronn Jansen Ron Julkowski, BO John Ko i Electric Electrical John Ko i State of MN Wizard Electric Inc Electrical William Schuneman State of MN � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 12, 2005 � °F ESTI MATES FRIDLEY Pearson Brothers, Inc. 240 St. John's Street Loretto, MN 55357 2005 Street Improvement (Sealcoat) ProjectNo. ST. 2005-10 FINAL ESTIMATE ............................................................................ $ 5,582.89 Shank Constructors, Inc. 3501 — 85th Avenue North Brooklyn Park, MN 55443 Commons Park WTP Upgrade Proj ect No. 3 57 Estimate No. 2 ....................................................................................... $108,509.00 � � CffY OF FRIDLEI' T�: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 12, 2005 William W. Burns, City Manager Jon Fi. Fiaukaas, Public Works Director December 8, 2005 Public Fiearing: I`ieighborhood Street Improvement Project I`lo. ST. 2006-1 PW05-063 A neighborhood open house was held on Wednesday, I`iovember 30, 2005, in the Council Chambers to present the 2006 street project to any interested residents. There were 109 people in attendance representing 89 properties. This is approximately 25% of the project area. The project covers approximately 3.8 miles of streets. Staff gave a presentation of the work, schedule and assessments. Rice Creek Watershed District staff gave a presentation on rain gardens which was actually very well received. Our engineering consultant, SEFi, has the plans over halfway completed. They will be making a submittal to the RCWD for permit within the next few weeks. The public hearing for the 2006 I`ieighborhood Street Improvement Project I`io. ST. 2006 - 1 was set for December 12, 2005 by the City Council at their I`lovember 21, 2005 meeting. Jtiti:cz � � CffY OF FRIDLEY Date: To: From: Subj ect AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 12, 2005 December 8, 2005 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Public Hearing for TA#OS-O5, Curbing and Drainage Requirements Background The attached text amendment pertains to curbing and drainage requirements on residential, commercial, and industrial properties. The purpose of this amendment is to allow staff to exempt curbing in situations where a project includes approved storm water features, like natural swales or rain gardens. This amendment would apply the same language change to Chapters 205.09.S.D, 205.13.S.D, 205.14.S.D, 205.17.S.D, 205.18.S.D, 205.19.6.D, 205.20.S.D, and 20525.8.D. There is also a change recommended to the Performance Standards section in all applicable sections of the Zoning Code, referring to the Erosion Control, Chapter 208, in code. In 2000, the City of Fridley received State grant funding to complete a wetland restoration project for the Springbrook Nature Center wetland complex. One of the commitments made in the grant application was that the City of Fridley would analyze its codes regarding surface water runoff quality and quantity. The City further committed to drafting code amendments and sharing those proposed amendments with the three other communities involved in the Springbrook Watershed Project. The attached code changes have resulted from recommendations of the Education Subcommittee of the Springbrook Watershed Project. Committee Review The Fridley Environmental Quality and Energy Commission has reviewed preliminary drafts of this proposed text amendment and supported it. The Planning Commission held a public hearing on this item at their November 2 meeting. No one appeared to testify to this matter at the public hearing, and the Commission unanimously recommended forwarding it on for Council approval. The public was notified at the meeting that the City Council would not be reviewing this text amendment until its December 12, 2005, meeting due to an unusually large number of items before them at the time. Recommendation Staff recommends that the City Council hold a public hearing on December 12, regarding TA #OS-O5. M-OS-171 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO CURBING AND DRAINAGE REQUIREMENTS 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 as follows: Section 1: That Section 205.09.5.D.(3), 205.13.S.D, 205.14.S.D, 205.17.S.D, 205.18.S.D, 205.19.6.D, 205.20.S.D, and 205.25.8.D of the Fridley City Code be hereby amended as follows: 5. PARKING REQUIREMENTS D. Design Requirements (3) Curbing. The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a poured six (6) inch high concrete curb and gutter. (a) Curbing shall be required around safety islands. (b) Curb cuts and ramps for the handicapped shall be installed as required by State law. (c) Construction shall be in accordance with curbing specifications on file at the City. (d) The City may exempt curbing: ((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the grade of the parking lot and satisfies the curbing requirements. ((2)) Where the City has approved future expansion. Where the Cit.��proved storm water features like natural swales or rain arg dens. Section 2: That Section 205.09.7.F.(3), 205.13.7.E(3), 205.14.7.E(3), 205.15.7.E(3), 205.16.7.E(3), 205.17.7.E(3), 205.18.7.E(3), 205.19.8.E(3), and 205.20.7.E(3) of the Fridley City Code be hereby amended as follows: PERFORMANCE STANDARDS Drainage and Grade Requirements (3) Grading shall meet all other requirements of Chapter 208, Stormwater Management and Erosion Control. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200 SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: December 12, 2005 First Reading: Second Reading: Publication: � � CffY OF FRIDLEY Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 12, 2005 December 8, 2005 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Public Hearing for TA #OS-06 Pertaining to Nonconforming Uses and Structures Background In 2004, the State Legislature changed the language in Statute regarding Nonconforming Uses and Structures. Previously, owners of nonconforming properties could not replace them if they were destroyed by fire, flood, or other disasters. Fridley City Code contained compatible language regarding these situations. The State's legislative change makes it possible now for owners of nonconforming uses and structures to replace them, provided they do not expand the nonconformity, making Fridley's Zoning Code in conflict with State Statute. In our current state of conflicting code requirements, the State Statute supersedes City Code, so there has not been an urgent need for Fridley to immediately change our code. Now that staff is recommending adoption of a Shoreland Overlay District, however, which contains reference to legal nonconforming structures, it is important for the City to amend the Zoning Code to match the language in State Statute. The attached draft ordinance actually incorporates much of the State Statute language into the City Code. Committee Recommendation The Planning Commission held a public hearing on this item at their November 2 meeting. No one appeared to testify to this matter at the public hearing, and the Commission unanimously recommended forwarding it on for Council approval. The public was notified at the meeting that the City Council would not be reviewing this text amendment until its December 12, 2005, meeting due to an unusually large number of items before them at the time. Recommendation Staff recommends that the City Council hold a public hearing on TA #OS-06 at the December 12, City Council meeting. M-OS-172 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205.04 OF THE FRIDLEY CITY CODE PERTAINING TO GENERAL PROVISIONS 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 as follows: Section 1: That Section 205.04.1.0 of the Fridley City Code be hereby amended as follows: 205.04. GENERAL PROVISION 1. DECLARATION OF POLICY C. No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose or in any manner which is not in conformity with the provisions of this � Code. Section 2: That Section 205.04.3 of the Fridley City Code be hereby amended as follows: 205.04. GENERAL PROVISION 3. NONCONFORMING USES AND STRUCTURES . . . , .� - �= - - - . � .� � „��,;� r�,.,r�o,- . . . . :�:��r:es:�:ee�er� �s�e�ae� . .r:eeen� Any noncomformity, includin� the lawful use or occupation of land or premises existin� at the time of the adoption of an additional control under this chapter, may be continued, includin� throu�h repair, replacement, restoration, maintenance, or improvement, but not includin� expansion, unless: A. The nonconformity or occupancy is discontinued for a period of more than one .�� B. Any nonconformin� use is destro.�y fire or other peril to the extent of �reater than 50 percent of its market value, and no buildin� permit has been a�lied for within 180 davs of when the property is dama�ed. In this case, the Ci . ma.�pose reasonable conditions upon a buildin� permit in order to miti a� te anv newlv created impact on adj acent propert� �C. The provisions herein for the continuance of nonconforming uses shall not prevent or interfere with action that may be taken to abate any nuisance in any manner provided by law. �D. Any structure or any portion of a structure which is situated unlawfully within a public street or alley or other public way or thoroughfare, is hereby declared to be a nonconforming use, whether or not its use is otherwise in conformity with the regulations of the district in which said structure is located. Any such structure shall be subject to any and all applicable regulations herein for nonconforming uses except in the event the City Council shall require removal of the structure or portion thereof for a public purpose in which case such requirement shall prevail. �E. The provisions of this Chapter shall pertain to all lawful nonconforming uses or structures as applicable and specifically to the performance standards outlined in the established districts. Section 3: That Section 204.04.4.L(4) of the Fridley City Code be hereby amended as follows: 205.04. GENERAL PROVISION 4. BUILDING SITE (Ref. 1010) I. No land shall be altered and no use shall be permitted that results in water run-off causing flooding, erosion or deposits of minerals on adjacent properties. The following standards shall be implemented: (4) A� stormwater pollution control plan and time schedule shall be submitted in accordance with Chapter 208, Stormwater Mana�ement and Erosion Control. Section 4: That Section 205.04.7.D.(2) of the Fridley City Code be hereby amended as follows: 205.04. GENERAL PROVISION 7. ENVIRONMENTAL QUALITY D. Erosion (2) The City may review any development plan to ensure that erosion and sedimentation shall be effectively controlled in accordance with Chapter 208, Stormwater Mana�ement and Erosion Control. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200 . SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: December 12, 2005 First Reading: Second Reading: Publication: � � CffY OF FRIDLEY Date: To: From: Subject AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 12, 2005 December 7, 2005 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Public Hearing on Text Amendment #05-07, Amending Chapter 110 to Include Hazardous Material Dumping and Waterfowl Feeding As Public Nuisances M-05-168 INTRODUCTION On November 2, 2005, the Planning Commission held a public hearing regarding TA #05- 07, which is a text amendment designed to make dumping hazardous materials in a waterway or storm drain or the intentional feeding of waterfowl a public nuisance. The need to consider this text amendment stems from the City's participation in the Springbrook Watershed Clean Water Partnership grant. In the work plan for this grant project, the City committed to reviewing city codes that affect surface water runoff quality and quantity. There are two additions proposed to the list of defined public nuisances in Chapter 110 of City Code. One addition proposed by staff is to make dumping of hazardous materials (used motor oil, paint, solvents, etc.) a code defined public nuisance. Such an action is a violation of State law, however, when such a violation is reported to the Minnesota Pollution Control Agency, staff has found that the problem is often not big enough to warrant any State action. City staff would like to be able to address illegal dumping situations in our storm sewer system that threaten public waters and cite such actions under City Code. The second addition would make intentionally feeding waterfowl — either on your own property or in a public park - a City Code violation. There are many public health reasons why the congregating of waterfowl in one area should be deterred when feasible. However, staff's greatest concern over feeding waterfowl is that food commonly fed to the birds contaminates waterways and shorelines, thereby affecting water quality. COMMISSION REVIEW The Fridley Parks and Recreation Commission began discussing a need to prohibit waterfowl feeding in City parks back in 1987. A request for an ordinance amendment was passed on to the City Council in 1988 from the Planning Commission on a 2-2 vote. The City Council did not pass an ordinance. Since the attached proposed code changes are environmental issues, staff had the Fridley Environmental Quality and Energy Commission review the attached language in 2004. The Environmental Quality and Energy Commission unanimously supported the additional language regarding hazardous materials dumping. However, there was general agreement that public education would be a better approach to limit waterfowl feeding. PLANNING COMMISSION RECOMMENDATION At the November 2, 2005, Planning Commission meeting, a public hearing was held for TA #05-07. After a brief discussion, the Planning Commission recommended approval of text amendment request, TA #05-07. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends the Council hold the public hearing of an ordinance for the approval of the proposed text amendment TA #05-07 at the December 12, 2005, City Council meeting. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 110 OF THE FRIDLEY CITY CODE PERTAINING TO WATER QUALITY 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 as follows: 110. PUBLIC NUISANCE 110.02. PUBLIC NUISANCE DEFINED Whoever, by an act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: L Maintains or permits a condition that unreasonably annoys, injures or endangers the safety1 health, comfort, or repose of any considerable number of inembers of the public. 2. Interferes with, obstructs, or renders dangerous for passage any public highway or right-of-way, or waters used by the public. 3. Causes obstruction or excavation affecting the ordinary use by the public of streets, alleys, sidewalks, or public grounds except under such conditions as are permitted by this Code or other applicable law. 4. Causes any well hole or similar excavation to be left uncovered or in such other condition as to constitute a hazard to any child or other person coming on the premises where it is located. 5. Accumulates in the open discarded or disused machinery, household appliances and furnishings, or other materials; or stores in the open machinery, equipment, cars, or materials not in normal use on the premises where stored, in a manner conducive to the harboring of rats, mice, snakes, or vermin, or to fire, health or safety hazards from such accumulations, or from the rank growth of vegetation among the items so accumulated. 6. Deposits or causes placement of hazardous material in a manner that causes those materials to drain into a storm sewer drain or waterway as defined in section 105.02.7 of this code or anv other unpaved �round surface within the Citv. Hazardous material shall include, but not be limited to, paints, solvents, oil, automotive fluids or any other liquid hazardous wastes. 7. Intentionally feeds waterfowl on their own or some one else's property, includin� public parks and land. 8b. Is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2006. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: December 12, 2005 First Reading: Second Reading: Published: � � CffY OF FRIDLEY Date: To: From: Subject AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 12, 2005 December 7, 2005 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Public Hearing Regarding TA #05-08, a Text Amendment to Repeal Chapter 105, Weeds, and Create a New Chapter 105, Landscape Maintenance M-05-169 INTRODUCTION On November 2, 2005, the Planning Commission held a public hearing regarding TA #05- 08, which is a text amendment designed to address protection of waterways through surface water quality measures. The current Chapter 105 in Fridley City Code was drafted to ensure minimum requirements for landscape maintenance in the City. Over the years, staff has found the code to be deficient in that it does not address how phosphorous overload from organic material adversely affects water quality. The need to consider this text amendment stems from Fridley's involvement in the Springbrook Watershed Clean Water Partnership grant. As part of that grant award the City committed to reviewing codes that affect surface water runoff quality and quantity. The proposed code changes are a proactive approach to protecting our waterways. Grass clippings, leaves, and lawn fertilizers that end up in surface waters and the storm water system adversely affect water quality. Chemically treating our waterways to correct phosphorus overload is very costly. However, prevention measures are much more effective and save public tax dollars. One proposed change to the code encourages more native plant design and installation. Two benefits of native landscaping are improvement to water quality and a reduction in the volume of storm water runoff. Additional new language proposed in Chapter 105 prohibits directing gutter downspouts onto a paved surface. This change would prevent storm water from going directly into the storm sewer system. Instead, storm water runoff from buildings should be directed to a landscaped area, where it can infiltrate into the ground. A clause is included in the same paragraph permitting rain barrels in the side and rear yard. Under strict interpretation of the zoning code, rain barrels would be considered unlawful outside storage. Of course, to encourage better management of storm water runoff, the City should be encouraging the use of rain barrels to capture rain water for irrigation. New language has been added to require a buffer strip of no chemical fertilizer applications or mowing of vegetation within 20 feet of the ordinary high water mark without approval from the City. This language works to protect surface water quality and prevent costly mitigations to phosphorous overload. Since the Planning Commission public hearing, staff has added an exception to allow shoreline property owners to maintain a mowed walkway down to the water's edge no wider than 10 feet or 25 feet for City maintained vistas in parkland. COMMISSION REVIEW On October 21, 2003, the Fridley Environmental Quality and Energy Commission reviewed the attached text amendment. The Commission unanimously passed a motion directing staff to make natural landscaping permissible and a/so endure that natural landscaping is an acceptable option for "vegetative cover, " protecting water quality and preventing soil erosion as committed in Fridley's NPDES permit application. One of the commissioners pointed out that natural landscaping not only benefits water quality but also benefits air quality (mowing grass generates a great deal of air pollution). PLANNING COMMISSION RECOMMENDATION At the November 2, 2005, Planning Commission meeting, a public hearing was held for TA #05-08. After a brief discussion, the Planning Commission recommended approval of text amendment request, TA #05-08. THE MOTION CARRIED UNANIMOUSLY. STAFF RECOMMENDATION City Staff recommends the Council hold the public hearing of an ordinance for the approval of TA #05-08, which repeals Chapter 105, Weeds, of Fridley City Code and adopts new language regarding landscape maintenance to create better storm water quality and quantity controls in the City, at the December 12, 2005, City Council meeting. ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 105 OF THE FRIDLEY CITY CODE PERTAINING TO LANDSCAPE MAINTENANCE 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 as follows: Section 1: That Section 105 of the Fridley City Code be hereby repealed as follows: � nc. �a��nc �Ref . 397� i i � � � _��e�� . . � n� nT� � � i. � � � � . • .. �ti�� e��v � i►�� ' - � - . � �. � . . . . .� Section 2: That Section 105 of the Fridley City Code be hereby renamed Landscape Maintenance and amended as follows: 105. LANDSCAPE MAINTENANCE 105.01. PURPOSE The purpose of this section of City Code is to establish minimum standards for landscape maintenance and to protect surface water qualit�y allowin� natural areas where the.�� benefit water quality throu�hout the Cit� 105.02. DEFINITIONS 1. Desi�nated Natural Area An area of native plants that has never been disturbed or an area intentionall�planted with native perennial ve�etation �reater than ten (10) inches in hei�ht that has an ed�ed border separatin� it from areas of turf �rass. 2. Garden A cultivated area dedicated to the �rowin� of ve�etables, fruit, flowers, perennials, shrubs, and similar plants that were specificall�planted in that location and common weeds are not the predominant ve�etation. 3. Landscape The area of a parcel of land that is not covered with an impervious surface. 4. Lot A parcel of land adjacent to a street or road , includin� the ri�ht-of-way between the property and the curb. 5. Noxious Weeds Includes both prohibited noxious weeds and secondary noxious weeds as defined by the State of Minnesota Department of A�riculture. (Note: this does not include dandelions) 6. Ordinary Hi�h Water Level Minnesota State Statute 103G.005, subdivision 14 defines ordinary hi�h water level as the boundarv of waterbasins, watercourses, public waters, and public waters wetlands, and: (1) the ordinarv hi�h water level is an elevation delineatin t� he hi�hest water level that has been maintained for a sufficient beriod of time to leave evidence ubon the landscape, commonlv the point where the natural ve�etation chan�es from predominantl�quatic to predominantly terrestrial; (2) for watercourses, the ordinary hi�h water level is the elevation of the top of the bank of the channel; and (3) for reservoirs and flowa�es, the ordinary hi�h water level is the operatin� elevation of the normal summer bool. 7. Waterway An.�y of water that receives storm water runoff, includin� wetlands, lakes, ponds, streams, rivers, and reservoirs. Shall not include temporary water that flows into streets. 105.03. REQUIRED MAINTENANCE Landscape areas of all properties must be maintained by the owner to be free of noxious weeds. Ground cover, except for trees and shrubs, in landscaped areas may not exceed ten (10) inches in avera�e hei�ht except for �ardens and desi�nated natural areas. Desi�nated natural areas which do not need to be ed�ed include: Draina�e ponds, ditches, lakeshore areas, parks, 3 to 1 or �reater slopes, streambanks, vacant lots, wetlands, or wooded areas. Landscaped areas must be kept free of litter. Ve�etation shall not be permitted to be over�rown or encroach onto adjacent properties. Failure to com�lv is a nuisance. 105.04 INTERVENTION BY THE CITY If the provisions of Section 105.03 are not complied with, the City Mana�er or his/her desi�nee shall �ive written notice to the owner of the property in violation. If the property owner fails to brin� the violatin� property into compliance with Section 105.03 within the time specified or if the owner of the property cannot be located, desi�nated City staff shall have the landscape brou�ht into compliance and invoice the brobertv owner for the cost of such service and abatement administrative cost. If the brobertv owner fails to pav the invoiced cost within 30 days, the invoiced cost of these services and an additiona125% assessment fee will be certified to Anoka County and assessed to the property's taxes. 105.05. PROTECTION OF WATERWAYS 1. In addition to proper landscape maintenance, all property owners in the City of Fridle.� protect surface water quality throu�h the followin� measures: A. No person is permitted to deposit leaves, �rass cli�pin�s, or other plant waste within fifty (50) feet of a waterway. B. No person is permitted to deposit or store yard wastes of any kind in a public ri�ht of wa� C. Extreme care must be taken to prevent landscape fertilizers, pesticides, and herbicides from fallin� on a paved surface. An��plied �ranular landscape fertilizer, pesticide, or herbicide must be swept from an�paved surfaces immediatel�pon completion of a�plication as specified in State Statutes. Commercial lawn care product applicators must post public notification si�ns when lawn care products are a�plied. No person shall remove such si�ns for 48 hours. D. Newly installed roof �utter downspouts must be directed onto a landscaped area and are not permitted to drain onto a paved surface. Rain barrels are permitted in side or rear yards onl� E. No person shall mow ve�etation or apply fertilizer or other landscape chemicals within twent�20) feet of the ordinary hi�h water mark of any waterway without a�proval from the Cit� Property owners may maintain a mowed walkway down to the water's ed�e no wider than 10' wide or 25' wide for City maintained vistas in parkland. 1050.06. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. Each day that the violation exists or continues to exist shall be deemed a separate offense. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 200 . SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: December 12, 2005 First Reading: Second Reading: Publication: � � CffY OF FRIDLEI' T�: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 12, 2005 William W. Burns, City Manager Jon Fi. Fiaukaas, Public Works Director December 9, 2005 Public Fiearing: Replacement of Chapter 208 PW05-064 City staff proposes to replace the existing Chapter 208: Erosion Control with a new Chapter 208: Stormwater Management and Erosion Control in the Fridley City Code. The new chapter is based on a°model ordinance° developed by the Minnesota Pollution Control Agency (MPC�. This will make Fridley more consistent with other communities in the state. It also helps us meet the requirements of the I`iational Pollution Discharge Elimination System (I`IPDES) rules. The modifications to the model ordinance we made for Fridley recognizes the developed nature of our City and make allowances for alternate stormwater treatment solutions. Recommend the City Council hold the public hearing on the replacement of Chapter 208 to receive public input on this change. Jtiti:cz Attachment ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 208 OF THE FRIDLEY CITY CODE PERTAINING TO STORMWATER MANAGEMENT AND EROSION CONTROL 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 as follows: Section 1: That Section 208 of the Fridley City Code be hereby repealed as follows: �. � � . � � . . � . .. Y r �! � � _ . •. r . Y � � _ ,�..,,:� . J.i - -- � - � � - J' � � � � � � � � � . '�:J• � �:J• \ � r \ Y � \ � • Y \ � r . • Y rr�s•r.errir�s�seraser.r.ser.�esr��eeeee�ssr�se� �sess�eeeseer�e�srs.eee��ss:�� ! � _. � _ r • � . . �- . �� . . • . •. �� . �� •. .. 1! 1. � ► ! � ► � . ► ! �� ► ! . � ! . �� . ► � Y r Y � � � \ • � � � Y - � "�� \ i7 �+.,1,;1;.,.,+;.,,, .,F.� .,+o,-.� ., ,,.a .,,,+lo+�• . , T �+.,,,,, � „10+ ,�,-.,+o..+;.,,, • . , 7 ,,,-1�;,�,. ; .,+o,- 1.,,,�;o�• . , TI ,�,�o,-,.,-,,,,,�,� „+;1;+< ,��+.�.,,.+;,,,�• . , T �+,-. ..+;., .,.a� . � TR ,�;�,�„�;+;,,,� „�.,11 +o,�.,�,,,-.,,-� 0 0�� . � n �+,,,,,, . .,+o,-,,,,,,,��,.,,.,i;+�. � • YG��TS'S/'�!r��l�l�Sf�!lR�I�i - � � .��!!�lT�GS'tY:lR'A'.f � �� _ . � • . . 1 ! 1 � ► � � ► � . ► � Y � \ Y � • 1' 1. �. ► .► �. � � � �� r . � � e . Y • Y S Y � fr��TS4lsr:l�l�lTSRl:lGl� . � �i!!�lSST�1�'.f�Effl�Ri�.7-'�. !'.l�IS.r��G!'.fr:lG7S�'�!!Li � � ,�+,-„1 � r .��lSR��l.f � Y�-SiG�l�E71l�S'�f�filY7:S�:'lrSfl.f�Efff:7��1� � . r . e . � . �� . � . �� • � Y 1 ! 1 � � � � � � � r � r �. �. .. . . es5�e��f�s�trs��l�EeT��rse�s��:s1s� - � � � � � � . .�rYlei[y R7SlfS.l��!'1'�7S��Eli�.l�.�I�Gf�.!'1�5�!l��f L'!i!'t't.� . .f�.!'!�'i�!l��f •� Section 2: That Section 208 of the Fridley City Code be hereby renamed Stormwater Management and Erosion Control and amended as follows: 208.01 PURPOSE AND INTENT The purpose of this ordinance is to control or eliminate storm water pollution alon� with soil erosion and sedimentation within the City of Fridley. It establishes standards and specifications for conservation practices and plannin� activities, which minimize storm water pollution, soil erosion and sedimentation. 208.02 SCOPE Except where a variance is �ranted, an�person, firm, sole proprietorship, partnershi� corporation, state a�ency, or political subdivision proposin� a land disturbance activi . within the City of Fridley shall a�ply to the city for the a�proval of the storm water pollution control plan. No land shall be disturbed until the plan is a�roved bv the citv and conforms to the standards set forth herein. 208.03 DEFINITIONS These definitions a�ply to this ordinance. Unless specifically defined below, the words or phrases used in this ordinance shall have the same meanin� as they have in common usa�e. When not inconsistent with the context. words used in the bresent tense include the future ten words in the plural number include the sin�ular number, and words in the sin�ular number include the plural number. The words "shall" and "must" are always mandatory and not merely directive. 1. A�plicant: An�person or �roup that a�plies for a buildin� permit, subdivision a�proval, or a permit to allow land disturbin� activities. A�licant also means that person's a�ents, emplovees, and others actin� under this person's or �roup's direction. The term "a�plicant" also refers to the permit holder or holders and the permit holder's a�ents, emplovees, and others actin� under this person's or �roup's direction. 2. Best Mana�ement Practices (BMPs): Erosion and sediment control and water quality mana e� ment practices that are the most effective and practicable means of controllin�, preventin�, and minimizin� the de�radation of surface water, includin� construction-phasin�, minimizin� the len�th of time soil areas are exposed, prohibitions, and other mana e� ment practices published by state or desi�nated area-wide plannin� a�encies. 3. Buffer: A protective ve�etated zone located adj acent to a natural resource, such as a water of the state, that is subj ect to direct or indirect human alteration. Such a buffer strip is an integral part of protectin� an aquatic ecosystem throu�h tra�pin� sheet erosion, filterin� pollutants, reducin� channel erosion and providing adj acent habitat. The buffer strip be�ins at the "ordinary hi�h water mark" for wetlands and the top of the bank of the channel for rivers and streams. This start point corresponds to the Minnesota Department of Natural Resources' definition of a"shoreline" in Minnesota Rules 6115.0030. Therefore a stream with a width of 30 feet between banks and 50 foot buffer strips has a total protected width of 130 feet. Acceptable buffer ve�etation includes preservin� existin�predevelopment ve�etation and/or plantin� locally distributed native Minnesota trees, shrubs and �rassy ve�etation. Alteration of buffers is strictiv limited. 4. Common Plan of Development or Sale: A conti�uous area where multiple separate and distinct land disturbin� activities may be takin� place at different times, or on different schedules, but under one proposed plan. This item is broadly defined to include desi�n, permit application, advertisement or physical demarcation indicatin� that land disturbin� activities may occur. 5. Developer: An�person, �roup, firm, corporation, sole proprietorship, partnership, state a�ency, or political subdivision thereof en�a�ed in a land disturbance activit� 6. Development: Any land disturbance activity that chan�es the site's runoff characteristics in conjunction with residential, commercial, industrial or institutional construction or alteration. 7. Dischar�e: The release, conveyance, channelin�, runoff, or draina�e, of storm water, includin� snowmelt, from a construction site. 8. Ener�y Dissipation: This refers to methods emplo. e�pipe outlets to prevent erosion. Examples include, but are not limited to; aprons, riprap, splash pads, and �abions that are desi�ned to prevent erosion. 9. Erosion: An�process that wears away the surface of the land by the action of water, wind, ice, or �ravity. Erosion can be accelerated by the activities of people and nature. 10. Erosion Control: Refers to methods embloved to brevent erosion. Exambles include soil stabilization practices, horizontal slope �radin�, temporary or permanent cover, and construction phasin�. 11. Erosion and Sediment Practice Specifications or Practice: The mana�ement procedures, techniques, and methods to control soil erosion and sedimentation as officiallv adopted bv the state, county, city or local watershed �roup, whichever is most strin�ent. 12. Exposed Soil Areas: All areas of the construction site where the ve�etation (trees, shrubs, brush, �rasses, etc.) or impervious surface has been removed, thus renderin� the soil more prone to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site. It does not include temporarv stockpiles or surchar�e areas of clean sand, gravel, concrete or bituminous. Once soil is exposed, it is considered "exposed soil," until it meets the definition of "final stabilization." 13. Filter Strips: A ve�etated section of land desi�ned to treat runoff as overland sheet flow. They may be desi�ned in any natural ve�etated form from a�rassy meadow to a small forest. Their dense ve�etated cover facilitates pollutant removal and infiltration. 14. Final Stabilization: Means that all soil disturbin� activities at the site have been completed, and that a uniform (evenly distributed, e.�., without lar�e bare areas�perennial ve�etative cover with a densitv of seventv-five 75�ercent of the cover for unpaved areas and areas not covered bv permanent structures has been established, or equivalent permanent stabilization measures have been emploved. Sim�ly sowin� �rass seed is not considered final stabilization. 15. Hvdric Soils: Soils that are saturated, flooded, or ponded lon� enou�h durin� the r� owing season to develop anaerobic conditions in the u�per part. 16. H.�phytic Ve�etation: Macroph. t��lar�e enou�h to be observed by the naked e�� plant life �rowin� in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. 17. Impervious Surface: A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in re� ater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, drivewa�parkin� lots, stora�e areas, and concrete, asphalt, or �ravel roads. 18. Land Disturbance Activity: Any land chan�e that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the City of Fridle� includin� construction, clearin� &�rubbin�, �radin�, excavatin�, transportin� and fillin� of land. Within the context of this rule. land disturbance activitv does not mean: A.) Minor land disturbance activities such as home �ardens and an individual's home landscapi�, repairs, and maintenance work. B.) Additions or modifications to existin� sin�le family structures that which result in creatin� under five thousand (5,000) square feet of exposed soil or impervious surface and/or is part of a lar�er common development plan. C.) Construction, installation, and maintenance of fences, si�ns, posts, poles, and electric, telephone, cable television, utility lines or individual service connections to these utilities, which result in creatin� under five thousand (5,000) square feet of exposed soil or impervious surface. D.) Tillin�plantin�, or harvestin� of a�ricultural, horticultural, or forest crops. E.) Emer�encv work to protect life, limb, or propertv and emer�encv repairs, unless the land disturbin� activity would have otherwise required an a�proved erosion and sediment control plan, except for the emer�encv. If such a plan would have been required, then the disturbed land area shall be shabed and stabilized in accordance with the Citv of Fridlev's requirements as soon as possible. Street and utilitv reconstruction of less than 5%. ects that result in a net increase in imbervious area 19. Native Ve�etation: The presettlement (Already existin� in Minnesota at the time of statehood in 1858�group of plant species native to the local re�ion, that were not introduced as a result of European settlement or subsequent human introduction. 20. Ordinary Hi�h Water Mark Minnesota Statute 103G.005, subdivision 14 defines. "Ordinarv hi�h water level" as the boundarv of waterbasins, watercourses, public waters, and public waters wetlands, and: (1) the ordinary hi�h water level is an elevation delineatin� the hi�hest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonl.��point where the natural ve�etation chan�es from predominantl�quatic to predominantiv terrestrial; �2) for watercourses, the ordinarv hi�h water level is the elevation of the top of the bank of the channel; and (3) for reservoirs and flowa�es, the ordinary hi�h water level is the operatin� elevation of the normal summer pool. The term "ordinary hi�h water mark" is further defined in Minnesota Rule 6120.2500, subpart 11. Ordinarv hi�h water marks are determined bv the Minnesota Department of Natural Resources' area hydrolo�ist. 21. Paved Surface: A constructed hard, smooth surface made of asphalt, concrete or other pavement material. Examples include, but are not limited to, roads, sidewalks, drivewa.� parkin� lots. 22. Permanent Cover. Means "final stabilization." Examples include �rass, �ravel, asphalt, and concrete. See also the definition of "final stabilization." 23. Permit: With in the context of this code a"permit" is a written warrant or license for construction, subdivision a�proval, or to allow land disturbin� activities 24. Phased Proj ect or Development: Clearin� a parcel of land in distinct phases, with at least fift�percent (50%) of the project's precedin� phase meetin� the definition of "final stabilization" and the remainder proceedin� toward completion, before be�innin� the next phase of clearin�. 25. Runoff Coefficient: The fraction of total precipitation that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls, that will appear at the conveyance as runof£ This coefficient is usually estimated for an event or on an avera�e annual basis. 26. Sediment: The product of an erosion process; solid material both mineral and or�anic, that is in suspension, is bein tg ransported, or has been moved bv water, wind, or ice, and has come to rest on the earth's surface either above or below water level. 27. Sedimentation: The process or action of depositin� sediment. 28. Sediment Control: The methods emplo. e�prevent sediment from leavin� the development site. Examples of sediment control practices are silt fences, sediment traps, earth dikes, draina�e swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporarv or permanent sedimentation basins. 29. Si�nificant Redevelopment: Alterations of a propertv that chan�es the "footprint" of a site or buildin� in such a way that results in the disturbance of over one (1) acre of land. This term is not intended to include activities, which would not be expected to cause adverse storm water qualit.�pacts and offer no new o�portunity for storm water controls, such as exterior remodelin�. 30. Soil: The unconsolidated mineral and or�anic material on the immediate surface of the earth. For the purposes of this document, tempora . s�r�piles of clean sand, �ravel, a��re�ate, concrete or bituminous materials are not considered "soil" stockpiles. 31. Stabilized: The exposed �round surface after it has been covered bv sod, erosion control blanket, riprap, pavement or other material that prevents erosion. Sim�ly sowin� ,�rass seed is not considered stabilization. 32. Steep Slope: An.��pe steeper than fifteen (15�percent (Fifteen (15) feet of rise for every one hundred (100) feet horizontal run� 33. Storm Water: Under Minnesota Rule 7077.0105, subpart 41b storm water, "means precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage."(Accordin� to the Code of Federal Re�ulations (CFR) under 40 CFR 122.26 fbl f 131, "Storm water means storm water runoff, snow melt runoff and surface and draina�e."). Storm water does not include construction site dewaterin�. 34. Storm Water Pollution Control Plan: A joint storm water and erosion and sediment control plan that is a document containin� the requirements of Section 208.05, that when implemented will decrease soil erosion on a parcel of land and off-site nonpoint pollution. It involves both tempora .�r�permanent controls. 35. Stormwater Pond or Basin: A permanent man-made structure used for the temporary stora�e of runoff. Detention Pond is considered a permanent man-made structure containin� a temporar�pool of water. A Retention Pond or a Wet Retention Facility is considered a permanent man-made structure containin� a permanent pool of water. 36. Structure: Anythin� manufactured, constructed or erected which is normally attached to or positioned on land, includin� portable structures, earthen structures, roads, parkin� lots, and paved stora�e areas. 37. Subdivision: Any tract of land divided into buildin� lots for private, public, commercial, industrial, etc. development. Minnesota Rule 6120.2500, subpart 17 defines subdivision as, ".. land that is divided for the purpose of sale, rent, or lease, includin� planned unit development." 38. Temporarv Protection: Short-term methods emploved to prevent erosion. Examples of such protection are straw, mulch, erosion control blankets, wood chips, and erosion nettin�. 39. Ve�etated or Grassy Swale: A ve�etated earthen channel that conveys storm water, while treatin� the storm water by biofiltration. Such swales remove pollutants by both filtration and infiltration. 40. Ve .�r�p Slope: An.��pe steeper than one foot of rise for each three feet of horizontal run Thirtv-three 33�ercent slope 41. Waters of the State: As defined in Minnesota Statutes section 115.01, subdivision 22 the term ". ."'waters of the state' means all streams, lakes, ponds, marshes, watercourses, waterwavs, wells, sprin�s, reservoirs, aquifers, irri at� ion svstems, drainage svstems and all other bodies or accumulations of water, surface or under�round, natural or artificial, public or private, which are contained within, flow throu�h, or border upon the state or anv portion thereof." 44. Wetlands: As defined in Minnesota Rules 7050.0130, subpart F, ". .`wetlands' are those areas that are inundated or saturated bv surface water or �roundwater at a frequencv and duration sufficient to su�port, and that under normal circumstances do su�port, a prevalence of ve�etation ty�icallv adapted for life in saturated soil conditions. Wetlands e� nerallv include swamps, marshes, bo�s, and similar areas. Constructed wetlands desi�ned for wastewater treatment are not waters of the state. Wetlands must have the followin� attributes: A.) A predominance of hydric soils; B.) Inundated or saturated by surface water or �roundwater at a frequency and duration sufficient to su�port a prevalence of h.�phytic ve�etation typicall.��pted for life in a saturated soil condition; and C.) Under normal circumstances su�port a prevalence of such ve�etation." 208.04 TECHNICAL GUIDES The followin� handbooks are adopted by reference: 1. "Protectin� Water Quality in Urban Areas", Minnesota Pollution Control A�ency 2. "Storm-Water and Wetlands: Plannin� and Evaluation Guidelines for Addressin� Potential Imbacts of Urban Storm-Water and Snow-Melt Runoff on Wetlands" Minnesota Pollution Control A�ency 3. "Minnesota Urban Small Sites BMP Manual", Metropolitan Council www. metrocouncil . or�/environment/environment. htm 4. "Storm Water Mana�ement for Construction Activities: Developin� Pollution Prevention Plans and Best Mana�ement Practices". United States Environmental Protection A�ency 5. "Erosion Control Desi�n Manual", Minnesota Department of Transportation 6. "Field Office Technical Guide of the United States Department of A�riculture", Soil Conservation Service 7. "Soil Survey of Anoka County", developed by the United States Department of A�riculture, Soil Conservation Service 8. Minnesota Construction Site Erosion and Sediment Control Plannin� Handbook 208.05 STORMWATER POLLUTION CONTROL PLAN Ever��plicant for a buildin� permit, subdivision a�proval, or a permit to allow land disturbin� activities must submit a storm water pollution control plan to the citv en�ineer. No building permit, subdivision a�proval, or permit to allow land disturbin� activities shall be issued until the citv a�roves this plan. 1. Storm Water Runoff Rates. Release rates from storm water treatment basins shall not increase over the predevelopment twent. -f�24) hour two (2) year, ten (l0�year and one hundred 100�vear peak storm dischar�e rates, based on the last ten (l0�vears of how that land was used. Accelerated channel erosion must not occur as a result of the proposed activity. For dischar�es to wetlands volume control is more important than dischar�e rate control. 2. The Storm Water Pollution Control Plan and the Gradin� Plan. The storm water pollution control plan's measures, the limit of disturbed surface and the location of buffer areas shall be marked on the a�roved r� adin�plan, and identified with fla�s, stakes, si�ns etc. on the development site before work be�ins. 3. Inspections of the Storm Water Pollution Control Plan's Measures. At a minimum, such inspections shall be done weeklv bv the developer or the developer's desi�nated representative, and within twent. -f�24) hours after every storm or snow melt event lar�e enou�h to result in runoff from the site (�proximatelv 0.25 inches or more in twentv-four 24) hours). At a minimum, these inspections shall be done durin� active construction. 4. Minimum Requirements of the Storm Water Pollution Control Plan. The plan shall contain or consider: A.) The name and address of the a�plicant and the location of the activit� B.) Project description: the nature and purpose of the land disturbin� activity and the amount of �radin�, utilities, and buildin� construction involved. C.) Phasin� of construction: time frames and schedules for the project's various aspects. D.) A map of the existin� site conditions: existin� topo�raph�property information, stee� and ve .r�p slopes, existin� draina�e s. st�patterns, type of soils, waterwa� wetlands, ve�etative cover, one hundred (100�year flood plain boundaries, and locations of existin� or future buffer strips. E.) A site construction plan that includes the location of the proposed land disturbin� activities, stockpile locations, erosion and sediment control plan, construction schedule, and the plan for the maintenance and inspections of the storm water pollution control measures. F.) Adjacent areas: nei�hborin� streams, lakes, residential areas, roads, etc., which mi�ht be affected by the land disturbin� activit� G.) Desi�nate the site's areas that have the potential for serious erosion problems. H.l Erosion and sediment control measures: the methods that will be used to control erosion and sedimentation on the site, both durin� and after the construction process. I.l Permanent stabilization: how the site will be stabilized after construction is includin� specifications, time frames or schedules. J.) Calculations: any that were made for the desi�n of such items as sediment basins, wet detention basins, diversions, waterwavs, infiltration zones and other a�licable practices. 5. General Storm Water Pollution Control Plan Criteria. The plan shall address the followin�: A.) Stabilizin a� 11 exposed soils and soil stockpiles and the related time frame or schedule. B.) Establishin� permanent ve�etation and the related time frame or schedule. C.) Preventin� sediment dama e� to adjacent properties and other desi�nated areas such as streams, wetlands, lakes and unique ve�etation (Oak �roves, rare and endan�ered species habitats, etc.) D.) Schedulin� for erosion and sediment control practices. E.l Where bermanent and temborarv sedimentation basins will be located. F.) En in� eerin� the construction and stabilization of steep and verv steep slopes. G.) Measures for controllin� the qualitv and quantitv of storm water leavin� a site. H.) Stabilizin� all waterways and outlets. I.) Protectin� storm sewers from the entrance of sediment. J.) What precautions will be taken to contain sediment, when workin� in or crossin� water bodies. K.) Restabilizin� utility construction areas as soon as possible. L.) Protectin� paved roads from sediment and mud brou�ht in from access routes. M.) The eventual disposin� of temporary erosion and sediment control measures. N.) How the tempora .r�permanent erosion and sediment controls will be maintained. O.) The disposal of collected sediment and floatin� debris. 6. Minimum Storm Water Pollution Control Measures and Related Inspections. These minimum control measures are required where bare soil is exposed. Due to the diversity of individual construction sites, each site will be individually evaluated. Where additional control measures are needed, they will be specified at the discretion of the city en�ineer. The cit.� determine what action is neces A.) All �radin� plans and buildin� site surveys must be reviewed by the city for the effectiveness of erosion control measures in the context of site top�raphv and draina�e. B.l Sediment control measures must be broberlv installed bv the builder before construction activity be�ins. Such structures ma.�justed durin� dry weather to accommodate short term activities, such as those allowin� the passa�e of verv lar�e vehicles. As soon as this activity is finished or before the next runoff event, the erosion and sediment control structures must be returned to the confi�uration specified by the city. A sediment control inspection must then be scheduled, and passed before a footin� inspection will be done. C.) Diversion of channeled runoff around disturbed areas, if practical, or the protection of the channel. D.) Easements. If a storm water mana e� ment plan involves directin� some or all of the site's runoff, the a�plicant or his desi�nated representative shall obtain from adjacent propertv owners anv necessarv easements or other propertv interests concernin� the flowing of such water. E.) The schedulin� of the site's activities to lessen their impact on erosion and sediment Creation, so as to minimize the amount of exposed soil. F.) Control runoff as follows (Either 1 and 2 or 1 and 3� 1.) Unless precluded bv moderate or heavv snow cover (Mulchin� can still occur if a li�ht snow cover is bresent.l. stabilize all exbosed inactive disturbed soil areas within two hundred (200) feet of any water of the state, or with in two hundred (200) feet of any conve. a�curb, �utter, storm sewer inlet, draina�e ditch, etc.) with sod, seed or weed-free mulch. This must be done, if the a�plicant will not work the area for seven (7) days on slopes �reater than three (3) feet horizontal to one (1) foot vertical (3:1� fourteen (14) days on slopes ran�in� from 3:1 to 10:1 and twent. -�21) da.� slopes flatter than 10:1. 2.) For disturbed areas �reater than five (5) acres construct temporary or permanent sedimentation basins. Sedimentation basins must have a minimum surface area equal of at least 1% of the area drainin� to basin, and be constructed in accordance with accepted desi�n specifications includin� access for operations and maintenance. Basin dischar�e rates must also be controlled to prevent erosion in the dischar�e channel. 3.1 For disturbed areas less than five (51 acres sedimentation basins are encoura�ed_ but not required, unless required by the city en�ineer. The a�plicant shall install erosion and sediment controls at locations directed bv the citv. Minimum requirements include silt fences, rock check dams, or other equivalent control measures alon� slopes. Silt fences are required alon� channel ed�es to reduce the amount of sediment reachin� the channel. Silt fences, rock check dams, etc. must be re�ularl.��pected and maintained. The applicant is also required to obtain a National Pollutant Dischar�e Elimination Svstem/State Disposal S. st�NPDES/SDS) construction storm water permit from the Minnesota Pollution Control A�ency for an�project that disturbs one (1) acre or more of land. This one acre value also a�plies to a common plan of development or sale. G.) Sediment basins related to impervious surface area. Where a project's ultimate development replaces surface ve�etation with one (1) or more acres of cumulative ous surface_ and all runoff has not been accounted for in a local unit of government's existin� storm water mana�ement plan or practice, the runoff must be dischar�ed to a wet sedimentation basin prior to enterin� waters of the state. 1.) At a minimum the work shall conform with the current version of the Minnesota Pollution Control A�enc.�publication, "Protectin� Water Quality in Urban Areas," and the current requirements found in the same a�encv's NPDES/SDS permits for storm water associated with construction activities. H.) Generally, sufficient silt fence shall be required to hold all sheet flow runoff �enerated at an individual site, until it can either infiltrate or seep throu�h silt fence's pores. I.) Tempora .r s�pilin� of fift�50) or more cubic yards of excess soil on any lot or other vacant area shall not be allowed without issuance of a r� adin�permit for the earth movin� activit.��question. J.) For soil stockpiles �reater than ten (10) cubic yards the toe of the pile must be more than twentv-five 25) feet from a road, draina�e channel or storm water inlet. If such stockpiles will be left for more than seven (7) da.�y must be stabilized with mulch, ve�etation, tarps or other means. If left for less than seven (7) davs, erosion from stockpiles must be controlled with silt fences or rock check dams. 1.) If for any reason a soil or non-soil stockpile of any size is located closer than twent� five (25)feet from a road, draina�e channel or storm water inlet, and will be left for more than seven (7) days, it must be covered with tarps or controlled in some other manner. 2.) All non-soil (clean sand, �ravel, concrete or bituminous) must at a minimum have a silt fencin� or other effective sediment control measures installed. K.) All sand, �ravel or other minin� operations takin� place on the development site shall a�ply for a Minnesota Pollution Control A�ency National Pollutant Dischar�e Elimination System General Storm Water permit for industrial activities and all required Minnesota Department of Natural Resources permits. L.) Temporary rock construction entrances, or equally effective means of preventin� vehicles from trackin� sediment from the site, ma. b�quired wherever vehicles enter and exit a site. Vehicle trackin� of sediment from the site must be minimized bv BMPs such as stone pads, concrete or steel wash racks, or equivalent systems. Street sweepin� must be used if such BMPs are not adequate. M.) Parkin� is prohibited on all bare lots and all temporary construction entrances, exce�t where street barkin� is not available. Gravel entrances are to be used for deliveries onlv as per the development contract. N.) Streets must be cleaned and swept whenever trackin� of sediments occurs and before the site is left idle for weekends and holidays. A re�ular sweepin� schedule should be established. O.) Water (impacted by the construction activity) removed from the site b�pumpin� must be treated b.�porary sedimentation basins, �eotextile filters, �rit chambers, sand filters, up-flow chambers, hvdro-cvclones, swirl concentrators or other a�ropriate controls. Such water shall not be dischar�ed in a manner that causes erosion or floodin� of the site, receivin� channels, adjacent propertv or a wetland. P.) All storm drain inlets must be protected durin� construction until control measures are in place with either silt fence or an equivalent barrier that meets accepted desi�n criteria, standards and specifications as contained in the latest version of the Minnesota Pollution Control A�enc.�publication, "Protectin� Water Quality in Urban Areas." Q.) Roof drain leaders. All newly constructed and reconstructed buildin�s must route roof drain leaders to pervious areas (not natural wetlands) where the runoff can infiltrate. The dischar�e rate shall be controlled so that no erosion occurs in the bervious areas. R.) Removal from the project's site of more than one (1) acre of topsoil shall not be done, unless written permission is i� ven bv the citv en�ineer. Excessive removal of topsoil from the project's site can cause si�nificant current and future soil erosion problems. S.) Inspection and maintenance. All storm water pollution control mana�ement facilities must be desi�ned to minimize the need of maintenance, to provide easv vehicle tvpicallX ei�ht (8) feet or wider) and personnel access for maintenance purposes and be structurally sound. These facilities must have Storm Water Maintenance A�reement that ensures continued effective removal of the pollutants carried in storm water runof£ The owner shall inspect all storm water mana�ement facilities durin� construction, twice durin� the first year of operation and at least once ever�vear thereafter. The city will keep all inspection records on file for a period of six (6) years. 1.) Inspection and maintenance easements. It shall be the responsibility of the a�plicant to obtain any necessary easements or other property interests to allow access to the storm water mana�ement facilities for inspection and maintenance purpose. T.) Follow-up inspections must be performed by the owner on a re�ular basis to ensure that erosion and sediment control measures are properly installed and maintained. In all cases the inspectors will attempt to work with the a�plicant and/or builder to maintain proper erosion and sediment control at all sites. 1.) In cases where cooperation is withheld, construction stop orders may be issued b.�� city, until all erosion and sediment control measures meet specifications. A second erosion and sediment control/�radin� inspection must then be scheduled and passed before the final insbection will be done. U.) All infiltration areas must be inspected to ensure that sediment from on�oin� construction activities is not reachin� infiltration areas, and that these areas are also bein� protected from soil compaction from the movement of construction equipment. 7. Permanent Storm Water Pollution Controls. A.) The a�plicant shall install and construct all permanent storm water mana�ement facilities necessary to mana�e increased runoff, so that the dischar�e rates from storm water treatment basins, such that the predevelopment twent. -f�24) hour two (2) year, ten l0�vear, and one hundred (100�vear peak storm dischar�e rates are not increased. These predevelopment rates shall be based on the last ten (l0�years of how that land was used. Accelerated channel erosion must not occur as a result of the proposed land disturbin� or development activity. 1.) All calculations and information used in determinin� these peak storm dischar�e rates shall be submitted alon� with the storm water pollution control plan. B.) The a�licant shall consider reducin� the need for permanent storm water mana e� ment facilities b. i�poratin� the use of natural topo�raphy and land cover such as natural swales and depressions as thev exist before development to the de�ree that thev can accommodate the additional flow of treated (e.�._ settledl water without combromisin� the integritv or qualitv of the wetland or pond. C.) The followin� permanent storm water mana e� ment practices must be investi at� ed in developin� the storm water mana�ement part of the storm water pollution control plan in the followin� descendin� order of preference: 1.) Protect and preserve as much natural or ve�etated area on the site as possible, minimizin� impervious surfaces. Direct runoff to ve�etated areas rather than to adj oinin� streets, storm sewers and ditches. 2.) Flow attenuation of treated storm water bv the use of open ve�etated swales and natural depressions. 3.) Storm water pondin� facilities (includin� percolation facilities); and 4.1 A combination of successive bractices mav be used to achieve the abblicable minimum control requirements specified in subsection (C) above. The a�plicant shall brovide iustification for the method selected. D.) Redevelopment of existin� parcels must provide treatment of stormwater from imbervious surfaces even if the amount of imbervious remains the same or is reduced. Treatment may be accomplished throu�h the use of pondin� areas, infiltration areas, or structural stormwater treatment devices. The a�plicant shall submit documentation showin� the chosen method will remove in excess of 80% of suspended solids and other pollutants from a 1.5 inch 24 hour storm event. E.) The a�plicant shall be required to si�n and file a Stormwater Maintenance A�reement that ensures continued effective removal of the pollutants carried in storm water runoff. The A�reement also ensures continued maintenance, cleanin� and upkeep of the facility. 8. Minimum Desi�n Standards for Storm Water Wet Detention Facilities. At a minimum these facilities must conform to the most current technolo�y as reflected in the current version of the Minnesota Pollution Control A�enc.�publication, "Protectin� Water Quality in Urban Areas" and the current requirements found in the same a�ency's NPDES permits for storm water associated with construction activities. 9. Minimum Protection for Natural Wetlands. A.) Runoff must not be dischar�ed directiv into wetlands without a�ropriate qualitv�e.i., treated) and quantity runoff control, dependin� on the individual wetland's ve�etation sensitivitv. See the current version of the Minnesota Pollution Control A�encv's publication, "Storm-Water and Wetlands: Plannin� and Evaluation Guidelines for Addressin� Potential Impacts of Urban Storm-Water and Snow-Melt Runoff on Wetlands" for �uidance. B.) Wetlands must not be drained or filled, wholly or partially, unless replaced b. e� restorin� or creatin� wetland areas of at least equal public value. Compensation, includin� the replacement ratio and qualit.�placement should be consistent with the requirements outlined in the Board of Water and Soil Resources rules that implement the Minnesota Wetland Conservation Act of 1991 includin� anv and all amendments to it. C.) Work in and around wetlands must be �uided by the followin� principles in descendin� order of priorit� 1.) Avoid both the direct and indirect impact of the activitv that mav destrov or diminish the wetland. 2.) Minimize the impact by limitin� the de�ree or ma�nitude of the wetland related activitv. 3.) Rectifv the impact bv repairin�, rehabilitatin�, or restorin� the affected wetland environment with one of at least equal public value. 4.) Reduce or eliminate the adverse impact over time b�preservation and maintenance operations durin� the life of the activity. 10. Ve�etated Buffer Protection for Lakes, Rivers, Streams and Wetlands. A.) At the minimum a ve�etated buffer strip on each bank the width of fift�50) feet for rivers and twent�20) feet for lakes, streams and wetlands, shall be provided. If possible, such a buffer strip shall consists of predevelopment native ve�etation. Ideally for rivers or streams, a shade tree cano�y in the part of the buffer zone closest to the stream channel should be established. Buffer width shall be increased at least two (2) feet (four (4) feet for all wetlands) for eve .r�l) percent of slope of the surroundin� land. Natural wetlands adiacent to rivers and streams are not counted as buffer stribs. Thev are considered a natural resource worthy of protection in their own ri�ht. Therefore the widths of natural wetlands are not counted as part of the river or stream's buffer strip. Such wetlands rate their own twentv-feet 20�1us ve�etated buffer stri� 1.) Detailed buffer desi�n is usuall. s�pecific. Therefore the city en�ineer can uire a lar�er buffer that the minimum. 2.1 For newlv constructed buffer sites the desi�n criteria should follow common principles and the example of nearby natural areas. The site should be examined for existin� buffer zones and mimic that slope structure and ve�etation as much as possible. Buffer desi�n and protection durin� construction should do any or all of the followin�: slow water runoff, trap sediment, enhance water infiltration, trap fertilizers, pesticides, patho�ens, heavy metals, trap blowin� snow and soil, and act as corridors for wildlife. How much stress is put on these functions will determine the buffer zone's final confi�uration. 3.) The a�plicant and then owner shall be responsible to maintain the buffer stri� 4.) Buffer strips can be made into perpetual conservation easements. 5.) The city en�ineer may allow buffer area avera�in� in cases where avera�in� will provide additional protection to either the resource or environmentallv valuable adj acent upland habitat, provided that the resource's total buffer area remains the same. This means that some sections of the buffer will be wider than normal Care should be taken in so that the buffer's usefulness is not short-circuited. B.) Water courses used solely for draina�e, such as road side ditches, are exempt from this provision. Minnesota Pollution Control A�encv Class 7limited resource (Waters not protected for aquatic habitat or recreational use) value waters are also exempt from this provision. C.) Minimal width public recreational and educational trails in ve�etated buffer strips are exempt from this provision provided that the buffer strip's width is increased by the width of the trail (i.e. A 10 foot wide trail in a 50 foot buffer strib increases the true width of the stri�plus the trail to 110 feet.) 1 L Models/Methodolo�ies/Computations. Hydrolo�ic models and desi�n methodolo�ies used for the determinin� runoff characteristics and analyzin� storm water mana�ement structures must be a�proved by the city en�ineer. Plans, specifications and computations for storm water mana�ement facilities submitted for review must be sealed and si n� ed bv a re is� tered professional en�ineer. All computations must a�pear in the plans submitted for review, unless otherwise a�proved by the city en�ineer. 208.06 REVIEW The city en�ineer shall review the storm water pollution control plan. 1 Permit Required. If the city determines that the storm water pollution control plan meets the requirements of this ordinance, the city shall issue a permit valid for a specified period of time, that authorizes the land disturbance activitv contin�ent on the implementation and completion of the storm water pollution control plan. 2 Permit Denial. If the city determines that the storm water pollution control plan does not meet the requirements of this ordinance, the city shall not issue a permit for the land disturbance activity. A.) All land use and buildin� permits for the site in question must be suspended until the a�plicant has an a�proved storm water pollution control plan. 3 Permit Suspension and Revocation If the storm water pollution control plan is not bein� implemented the city can suspend or revoke the permit authorizin� the land disturbance activit� 208.07 MODIFICATION OF PLAN An a�proved storm water pollution control plan may be modified on submission of a written application for modification to the citv, and after written a�roval bv the citv en�ineer. In reviewin� such an a�plication, the city en�ineer may require additional reports and data. 1 Records Retention. The city shall retain the written records of such modifications for at least three ( 3 ) years. 208.08 FINANCIAL SECURITIES The a�licant shall provide a financial securitv for the performance of the work, in conjuction with a buildin� permit or land alteration permit, described and delineated on the a�proved r� adin�plan involvin� the storm water pollution control plan and anv storm water and pollution control plan related remedial work in, at a rate of three thousand dollars ($3,OOO�per acre for the maximum acrea�e of soil that will be simultaneouslv exposed to erosion durin� the project's construction. (See the definitions of "exposed soil area" and "final stabilization" for clarification.) This securitv must be available prior to commencin� the proj ect. The form of the securitv must be: 1. By cash security deposited to the city for thirt�percent (30%) of the total financial securitv when less than five (5) acres of soil will be simultaneouslv exposed. When over five (5) acres of soil will be simultaneously exposed to erosion, then the cash security increases to the first five thousand dollars ($5,000) or ten percent (10%� of the total financial security, whichever is �reater. 2. The remainder of the financial security shall be placed either with the cit� responsible escrow a�ent, or trust company, at the option of the city, money, an irrevocable letter of credit, ne�otiable bonds of the kind a�roved for securin� deposits of public money or other instruments of credit from one or more financial institutions, subj ect to re�ulation by the state and federal �overnment wherein said financial institution pled�es that the funds are on deposit and �uaranteed for pavment. This security shall save the city free and harmless from all suits or claims for dama�es resultin� from the ne�li�ent �radin�, removal, placement or stora�e of rock, sand, gravel, soil or other like material within the city. The type of security must be of a type acceptable to the cit� 3. The city may request a�reater financial security, if the city considers that the development site is especiallv prone to erosion, or the resource to be protected is especially valuable. 4. If more soil is simultaneously exposed to erosion than ori�inall�planned, the amount of the security shall increase in relation to this additional exposure. 1. MAINTAINING THE FINANCIAL SECURITY If at anytime durin� the course of the work this amount falls below 50% of the required deposit, the a�plicant shall make another deposit in the amount necessary to restore the deposit to the required amount within five (5) davs. Otherwise the citv ma� A.l Withhold the scheduling of Occupanc� ons and/or the issuance of a Certificate of B.) Revoke an�permit issued by the city to the a�plicant for the site in question and any other of the a�plicant's sites within the cit.�jurisdiction. 2. PROPORTIONAL REDUCTION OF THE FINANCIAL SECURITY When more than one-third of the a�licant's maximum exposed soil area achieves final stabilization, the city can reduce the total required amount of the financial securit�y one-third, if recommended in writing bv the citv en�ineer. When more than two-thirds of the a�licant's maximum exposed soil area achieves final stabilization, the city can reduce the total required amount of the financial securitv bv two-thirds of the initial amount, if recommended in writi bv the city en�ineer. 3. ACTION AGAINST THE FINANCIAL SECURITY The city may act a�ainst the financial securit. ,�y of the conditions listed below exist. The citv shall use funds from this securitv to finance anv corrective or remedial work undertaken bX the city or a contractor under contract to the city and to reimburse the city for all direct cost incurred in the process of remedial work includin�, but not limited to, staff time and attornev's fees. A.) The a�plicant ceases land disturbin� activities and/or fillin� and abandons the work site prior to completion of the cit��proved �radin� plan. B.) The a�plicant fails to conform to any cit��proved �radin� plan and/or the storm water pollution control plan as a�proved by the city, or related su�plementary instructions. C.) The techniques utilized under the storm water pollution control plan fail within one (1) year of installation. D.l The abblicant fails to reimburse the citv for corrective action taken under 208.09. E.) Emer�ency action under either 208.08.4 (below) or an�part of 208.09. 4. EMERGENCY ACTION If circumstances exist such that noncompliance with this ordinance poses an immediate dan�er to the public health, safety and welfare, as determined by the city en�ineer, the city ma.� emer�enc�preventative action. The city shall also take every reasonable action possible to contact and direct the a�plicant to take any necessary action. Any cost to the city may be recovered from the abblicant's financial securitv. 5. RETURNING THE FINANCIAL SECURITY An.��pent amount of the financial security deposited with the city for faithful performance of the storm water pollution control plan and any storm water and pollution control plan related remedial work must be released not more than one (1) full vear after the completion of the installation of all such measures and the establishment of final stabilization. 208.09 NOTIFICATION OF FAILURE OF THE STORM WATER POLLUTION CONTROL PLAN The citv shall notifv the a�licant, when the citv is �oin� to act on the financial securities part of this ordinance. 1. NOTIFICATION BY THE CITY The initial contact will be to the party or parties listed on the a�plication and/or the storm water pollution control plan as contacts. Except durin� an emer�encv action under 208.08.4, fortv- ei�ht (48) hours after notification by the city or sevent. -�72) hours after the failure of erosion control measures, whichever is less, the citv at its discretion, mav be�in corrective work Such notification should be in writin�, but if it is verbal, a written notification should follow as quicklv as practical. If after making a�ood faith effort to notifv the responsible partX or parties, the city has been unable to establish contact, the city ma�proceed with the corrective work. A.l There are conditions when time is of the essence in controllin� erosion. Durin� such a condition the ci . may take immediate action, and then notif t��plicant as soon as possible. 2. EROSION OFF-SITE If erosion breaches the perimeter of the site, the a�plicant shall immediately develop a cleanu� and restoration plan, obtain the ri�ht-of-entry from the adjoinin� property owner, and implement the cleanup and restoration plan within forty-ei�ht (48) hours of obtainin� the adjoinin� property owner's permission. In no case, unless written a�proval is received from the citv, shall more than seven (7) calendar davs go bv without corrective action bein� taken. If in the discretion of the cit. ,��plicant does not repair the dama�e caused by the erosion, the city may do the remedial work required and char�e the cost to the a�plicant. 3. EROSION 1NT0 STREETS, WETLANDS OR WATER BODIES If eroded soils (includin� tracked soils from construction activities) enter or a�pear likel� enter streets, wetlands, or other water bodies, prevention strate�ies, cleanup and repair must be immediate. The a�plicant shall provide all traffic control and fla��in� required to protect the travelin� public durin� the cleanup operations. 4. FAILURE TO DO CORRECTIVE WORK When an a�plicant fails to conform to an�provision of 208.08 or 208.09 within the time stipulated, the city may take the followin� actions: A.) Withhold the schedulin� of inspections and/or the issuance of a Certificate of Occupanc� B.) Suspend or revoke an�permit issued by the city to the a�plicant for the site in question or anv other of the abblicant's sites within the citv's iurisdiction. C.) Direct the correction of the deficienc�y city forces or b.�parate contract. The issuance of a permit for land disturbance activitv constitutes a ri�ht-of-entrv for the citv or its contractor to enter upon the construction site for the purpose of correctin� erosion control deficiencies. D.l All costs incurred bv the citv in correctin� storm water bollution control deficiencies must be reimbursed b. t��plicant. If pavment is not made within thirt�30) da. s� costs are incurred bv the citv, pavment will be made from the a�licant's financial securities as described in 208.08. E.) If there is an insufficient financial amount in the applicant's financial securities as described in 208.08, to cover the costs incurred bv the city, then the city mav assess the remainin� amount a�ainst the propertv. As a condition of the permit for land disturbance activities, the owner shall waive notice of any assessment hearin� to be conducted bv the citv, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all ri�hts bv virtue of Minnesota Statute 429.081 to challen�e the amount or validitv of the assessment. 208.10 VARIANCE In any case where, upon a�plication of the responsible person or persons, the city finds that by reason of exceptional circumstances, strict conformity with this ordinance would be unreasonable, impractical, or not feasible under the circumstances; the city in its discretion may grant a variance therefrom upon such conditions as it ma�prescribe for prevention, control, or abatement of pollution in harmony with the �eneral purposes of this ordinance. The public shall be a�iven the o�ortunitv for comment. 1. Variance Request. The variance request must be in writin� in a form acceptable to the cit� 2. Variance Public Notice. The variance request shall be public noticed in the normal manner used for city council meetin� items, to allow the public an o�portunity for comment. 3. Variance Determination. After the public has been �iven the ri�ht to comment, the variance shall either be a�proved or disa�proved by a vote of the city council. 4. Variance Response. The variance response must be in writin�, and include the justification for either �rantin� or denyin� the requested variance. A favorable response shall also include an�pecial conditions imposed by the cit� 5. Time Limit. The variance shall become void not more than one (1) year after bein� ,�ranted, unless used. 6. Revocation. If any of the variance's conditions are violated, the city may revoke the variance. 208.11 ENFORCEMENT The citv shall be responsible enforcin� this ordinance. 1. Penalties. An�person, firm, or corporation failin� to com�ly with or violatin� anv of these re�ulations, shall be deemed �uilty of a misdemeanor and be subj ect to a fine or imprisonment or both as defined in Chapter 901. All land use and buildin� permits shall be suspended until the applicant has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. 208.012 RIGHT OF ENTRY AND INSPECTION 1. Powers. The a�licant shall promptiv allow the citv and their authorized representatives, upon presentation of credentials to: A.) Enter upon the permitted site for the purpose of obtainin� information, examination of records, conductin� investi�ations, inspections or survevs. B.) Brin� such equipment upon the permitted site as is necessarv to conduct such survevs and investi�ations. C.) Examine and co�y any books, papers, records, or memoranda pertainin� to activities or records required to be kept under the terms and conditions of this permitted site. D.) Inspect the storm water pollution control measures. E.) Sample and monitor any items or activities pertainin� to storm water pollution control measures. F.) An.�porary or permanent obstruction to the safe and easy access of such an inspection shall be promptly removed upon the inspector's request. The cost of providin� such access shall be born bv the abblicant. 208.13 ABROGATION AND GREATER RESTRICTIONS It is not intended to repeal, abro�ate, or impair any existin� easements, covenants, or deed restrictions. However, where this ordinance imposes �reater restrictions, the provisions of this ordinance shall brevail. All other ordinances inconsistent with this ordinance are herebv repealed to the extent of the inconsistenc.�� 208.14 SEVERABILITY The provisions of this ordinance are severable, and if an�provisions of this ordinance, or application of an�provision of this ordinance to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this ordinance must not be affected therebv. 208.15 EFFECTIVE DATE This ordinance will take effect and be in force after its passa�e and official publication. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 200 . SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: December 12, 2005 First Reading: Second Reading: Publication: � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF December 12, 2005 William W. Burns, City Manager Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant November 22, 2005 Resolution Certifying Final Tax Levy for 2006 to the County of Anoka In conformance with Minnesota Statutes Chapter 275.07, subd. 1 attached is a resolution certifying the final tax levy requirements to Anoka County. Chapter 275.07, subd. 1 also requires the City to certify its final tax levy requirements to the County Auditor within 5 working days after December 20tn The final tax levy for 2{�06 is �8,'75'7,18� compared to �8,067,949 for ?005. `Th� mak�-��p €�f �his is: �7,7J�,949 21 �,202 293,654 $8,304,805 2�2,700 � 69,6�3 $8,757,188 Certified to County for 200� 2.�°l� inflation amount Loss of 2006 LGA allowed to be levied back 2005 Proposed Tax Levy Springbrook Levy Street G.O. Bond Levy Tota12006 Levy We request the City Council pass the attached resolution to certify the final tax levy. Remember that this resolution must be adopted prior to adopting the final budget. RESOLUTION NO. 2005 - A RESOLUTION CERTIFYING F'I1��L� TAX LEVY REQUIREMENTS FOR 200� TO THE COUNTY OF ANOKA WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, Minnesota Statute Chapter 275.0'7, subd. �l requires the City to certify its final tax levy requirements to the County; and WHEREAS, the Fridley City Charter expressly limits any levy increase in any given year to the lesser of 5% or the rate of inflation absent express voter approval; and WHEREAS, the Minnesota Legislature expressly overrode local charter provisions when it provided that any reduction in state aid that was the result of its legislation could be made up by local governments through a property tax levy upon approval of the City Council; and WHEREAS, chapter 152, Article 1, Section 32 of the Minnesota 2005 Session Laws exempts the City from the tax levy charter restrictions to allow the city to levy up to 100% of the LGA loss; and WHEREAS, Minnesota Statutes Section 275.73 provide for this levy to be calculated under net tax capacity. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley certify to the County of Anoka, State of Minnesota, the following proposed tax levy to be levied in 2005 for the year 2006. GENERAL FUND General Fund CAPITAL PROJECT FUND Capital Improvement Fund - Parks Division AGENCY FUND Six Ciries Watershed Management Organizarion Stonybrook Creek Sub-Watershed District MARKET VALUE BASED REFERENDUM LEVY Springbrook Nature Center BONDED INDEBTEDNESS 2005A GO Improvement Bonds (Streets 2005) TOTAL ALL FUNDS `� �i, l �it),47�i 1ti0,23C) 6,2O0 8,900 � ��>7ao IE>t).{>�3 $ 8,757,188 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF DECEMBER 2005. Scott J. Lund, Mayor Attest: Debra A. Skogen, City Clerk � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF December 12, 2005 William W. Burns, City Manager Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant November 22, 2005 Resolution Adopting a Final Budget for the Fiscal Year 2006 In conformance with Chapter 275.065, subd. 6 of the Minnesota Statutes, attached is the 2�06 fn�1 budget. Chapter 275.07 subd. 1 requires the City to certify a final budget to Anoka County five working days after December 20th each year. We request the City Council pass the attached resolution and adopt the 20Q� final budget. Remember that the levy resolution must be adopted prior to adopting the budget RESOLUTION NO. 2005 - A RESOLUTION ADOPTING THE E'II��L, BUDGET FOR THE FISCAL YEAR 2006 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, the City Manager has prepared such document and the City Council has met several times for the purpose of discussing the budget; and WHEREAS, Chapter 275.065, subd. 6 of Minnesota Statutes requires that the City shall hold a public hearing to adopt its final budget; and WHEREAS, the City Council has held a public hearing and has concluded the budget as prepared is appropriate; NOW THEREFORE, BE IT RESOLVED that the following final budget be adopted and approved: GENERAL FUND Taxes Current Ad Valorem Deliquent, Penalries, Forfeited Licenses and Pernuts Licenses Pernuts Intergovernmental: Federal State- All Other Charges for Services: General Government Public Safety Public Works Community Development Recreation Naturalist Fines and Forfeits Special Assessments Interest on Investments Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets Liquor Fund Closed Debt Service Fund Police Activity Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve TOTAL GENERAL FUND ESTIMATED REVENUE Legislarive: � �,1�9,�75 City Council City Management: ��,00� General Management Personnel 2�1,80� Legal 538.�i9� Finance: Elections 3,20� Accounting Assessing 57�,�68 MIS City Clerk/Records t)21,50� 16ti,til� '7,i��0 1 �i.��>{) 221,200 t) 1�0,C)C)0 4,�4{) l�a,t}t}0 199,90t) 1 a,t}t}0 SOO,f700 250,��0 �{){�, lEi9 12,705,607 483,921 $ 13,189,528 Police: Police Civil Defense Fire: Fire Rental Inspections Public Works: Municipal Center Engineering Lighting Park Maintenance Street Maintenance Garage Recreation: Recreation Community Development Building Inspection Planning Reserve: Emergency Nondepartmental: APPROPRIATIONS 268,723 1�s2,�i>4 3Ei�,{}-6Ei 34,21� 7t}�i.5-6{) 17t).381 266,7ti7 142,37b 4,7>9,7>2 1�,29'7 1,175,625 1:� 1,25:� 2-6Ei,�Ei7 71 {}.36� 193,6ti0 {}-67,1�4 1,(i26,<}�;7 3�Ei, 719 328,6 70 371,�2� 1:35,titi0 >�,<}73 $13,189,528 Resolution No. 2005- SPECIAL REVENUE FUNDS Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Police Activity Fund Springbrook NC Fund Fund Balance TOTAL SPECIAL REVENUE FUNDS CAPTTAL PROJECTS FUND Capital Improvement Fund General Capital Improvement Streets Capital Improvement Parks Capital Improvement Fund Balance TOTAL CAPTTAL PROJECTS FUND AGENCY FUND Six Ciries Watershed Fund Taxes-Current Ad Valorem TOTAL AGENCY FUND TOTAL ALL FUNDS �; E}3�_�{}{} 91,173 29�,t}'77 �i.t)0� 3=�3.'7t)0 198,549 $ 1,568,679 � 90,000 2.1�i9.5> 1 IEi4,312 1,145,137 $ 3,589,000 fi,2{){) $ 6,200 $ 18,353,407 Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Police Activity Fund Springbrook NC Fund Fund Balance General Capital Improvement Streets Capital Improvement Parks Capital Improvement Six Ciries Watershed Page 2 � 313,760 �;�1,1�6 32'7t��}9 5�9,169 32'7,0�;�5 $ 1,568,679 � za2.aa�� 3 � (�5 {}{}{} 222,ti0f) $ 3,589,000 6,200 $ 6,200 $18,3 53,407 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF DECEMBER 2005. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � � AGENDA ITEM ��F CITY COUNCIL MEETING OF DECEMBER 12, 2005 FRIDLEY INFORMAL STATUS REPORTS