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02/13/2006 - 6090� � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 7:30 p.m. - City Council Chambers �ttendacnce Sheet � PL�ASF PR/NT NAMF, AaDRBSS ANa /TFM NUMS�R YOU ARF /IYTFR�ST�'D /N. Print� Name {Clearlyj Address �� No. L ` �, � � -+ 1 r7� r�� / �.�.r c , , , J "'�� (� C" "� �[� ; -/ / .�-/.� � � i^�, : �. �- • � GL.�! r%'�t' �s'- � ,a�-_.-•�- °� �. �; 'j�.'=-� �� v z..C� � - . � r �_ �„� � J- � ^ � L FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 �oF FR�LEY 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, sexuai 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. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS (CONTINUED): APPROVAL OF PROPOSED CONSENT AGENDA: 5. Second Reading of an Ordinance Repealing APPROVAL OF MINUTES: . Chanter2D8 of the Fridley City Code Pertaining to Stormwater Management and Erosiorr City Council Meeting of January 23, 2006 Control ................... ... ....... 33 - 55 and / � �� Approve Offlcial Title and Summary OLD BUSINESS: Ordinance .................................. 1. Second Reading of an Ordinance Amending the Fridley Municipal Code Pettaining to the Late Night Endorserrient�f On-Sale Liquor �... License �= l ................... - ... 1 3 +� �� -�'� � a � � �.�_ 56-57 NEW BUSINESS: 6. Receive the Minutes from the Planning Commission Meeting of January 4, 2006 ............ 58 - 61 2. Second F' Reading of an Ordinance Amending Chapte_ 603 the Fridley City Code Pertaining to Food Sa es .................................. 4— 5 t ;� � 3 7 3. Second Reading of an Ordinance Creating Chapter 205.32 0-7 of the Fridley City Code Pertaining to Shoreland Overlay District ............ - ... . 6 18 i �.�.�... and Approve Official Title and Summary Ordinance .......... ... . ... . .... . 19 - 20 �r��.. 4. Second Reading of an Ordinance Amending Chapter 20 �the Fridley City Code Pertaining to Curbing and Drainage Requiremenis ....... . . . .. . .. 21 - 30 I �.� �... ... and Approve Official Title and Summary Ordinance ........? . . . . ... 31 - 32 ��''' �� Receive the Minutes from the Planning Commission Meeting of February 1, 2006 .......... 62 - 65 Special Use Permit Request, SP #06-02, by Hilltop Trailer Sales, Inc., to Incorporate Property Located at 7730 University Avenue N.E. into the Existing Hilltop Trailer Sales Property at 7810 University Avenue (Ward 3) ........... 66 - 70 9. Approve First Amendment to the Joint Powers Agreement befinreen the Cities of Fridley, Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Ham Lake for Traific Markings, Street Sweeping, Crack Sealing, Screening and Seal Coating ................................... 71 — 79 � � 10. Receive Bids and Award the Purchase of an Asphalt Paving Machin� and Trailer .......:.... 80 - 81 . . +. -� _., . - '� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 2006 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: STATE LEGISLATIVE UPDATE. NE4'11 �JSINESS (CONT[N!!ED). 11. Receive Bids and Award the Contract for the NEW BUSINESS: Locke Park Water Treatment Plant Improvement Project ....................... 82 — 83 18. First Reading of an Ordinance Amending Fridley City Code, Chapter 101, Animal Control, Pertaining to Wild Animals and Birds ................................... 97 - 99 12. Resolution Ordering Advertisement for Bids: 2006 Miscellaneous Concrete Repair Project No. 365 .................................. 84 — 85 ,�Q�(a --/ �l 19. First Reading of an Ordinance Amending Chapter131, Fire Department Service Charges, as it Pertains to Invoicing Motor Vehicle Owners .................................. 100 --101 13. Resolution Authorizing Changes in Appropriations for the 2005 Budget for October thru December, 2005 ... ........ . ....... — . 86 88 v��QO�.r� J....... 20. Informal Status Report ........ ......... 102 14. Resolution Amending the Resolution Providing for �� `,��' 19'�� the Issuance and Sale of $4,645,000 � General Obligation Tax Increment Refunding ADJOURN. �� ,._� '7 Bonds, Series 2005B and Pledging for the Security Thereof Tax Increments ... 89 — 91 ��a�-�l�o 15. Appointment — Police Officer.:.......... 92 16. Claims ....... .......................... 93 17. Licenses ....... ......... ................ 94 - 96 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda -15 Minutes : � - - � � CITY COUNCIL MEETING OF FEBRUARY 13, 2006 CffY OF FRIDLEI' 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. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 23, 2006 OLD BUSINESS: Second Reading of an Ordinance Amending the Fridley Municipal Code Pertaining to the Late Night Endorsement of On-Sale Liquor License ............................................... 1- 3 2. Second Reading of an Ordinance Amending Chapter 603 of the Fridley City Code Pertaining to FoodSales ...................................................................................................... 4 - 5 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS (CONTINUED): 3. Second Reading of an Ordinance Creating Chapter 205.32 0-7 of the Fridley City Code Pertaining to Shoreland Overlay District ...................................................... 6- 18 and Approve Official Title and Summary Ordinance .............................................. 19 - 20 4. Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Curbing and Drainage Requirements .......................................................... 21 - 30 and Approve Official Title and Summary Ordinance .............................................. 31 - 32 5. Second Reading of an Ordinance Repealing Chapter 208 of the Fridley City Code Pertaining to Stormwater Management and Erosion Control ........................................... 33 - 55 and Approve Official Title and Summary Ordinance .............................................. 56 - 57 NEW BUSINESS: 6. Receive the Minutes from the Planning Commission Meeting of January 4, 2006 ............................................................................. 58 - 61 7. Receive the Minutes from the Planning Commission Meeting of February 1, 2006 ........................................................................... 62 - 65 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Special Use Permit Request, SP #06-02, by Hilltop Trailer Sales, Inc., to Incorporate Property Located at 7730 University Avenue N.E. into the Existing Hilltop Trailer Sales Property at 7810 University Avenue (Ward 3) ............................................................................ 66 - 70 9. Approve First Amendment to the Joint Powers Agreement between the Cities of Fridley, Coon Rapids, Andover, Brooklyn Center, Columbia Heights and Ham Lake for Traffic Markings, Street Sweeping, Crack Sealing, Screening and Seal Coating ................................. 71 — 79 10. Receive Bids and Award the Purchase of an Asphalt Paving Machine and Trailer ............................................................................ 80 - 81 11. Receive Bids and Award the Contract for the Locke Park Water Treatment Plant Improvement Project .................................................. 82 — 83 12. Resolution Ordering Advertisement for Bids: 2006 Miscellaneous Concrete Repair Project No. 365 ............................................. 84 — 85 13. Resolution Authorizing Changes in Appropriations for the 2005 Budget for October thru December, 2005 ................................... 86 — 88 14. Resolution Amending the Resolution Providing for the Issuance and Sale of $4,645,000 General Obligation Tax Increment Refunding Bonds, Series 2005B and Pledging for the Security Thereof Tax Increments .......................................... 89 - 91 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2006 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 15. Appointment — Police Officer ............................................................................. 92 16. Claims ....................................................................................................... 93 17. Licenses ....................................................................................................... 94 - 96 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes STATE LEGISLATIVE UPDATE. NEW BUSINESS: 18. First Reading of an Ordinance Amending Fridley City Code, Chapter 101, Animal Control, Pertaining to Wild Animals and Birds....................................................................................................... 97 - 99 19. First Reading of an Ordinance Amending Chapter 131, Fire Department Service Charges, as it Pertains to Invoicing Motor Vehicle Owners .............................................. 100 — 101 20. Informal Status Report .................................................................................... 102 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 23, 2006 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 Wolfe (Came later in the meeting.) Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Richard D. Pribyl, Finance Director/Treasurer Bob Rewitzer, Captain of Public Safety APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 9, 2006 APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 205.04 of the Fridley City Code Pertaining to General Provisions (Text Amendment, TA #05-06, by the City of Fridley) William Burns, City Manager, City Manager, stated this is an ordinance regarding non- conforming uses of structures. This ordinance brings our City Ordinance Chapter 205.04 into alignment with State law. Currently our ordinance does not allow the reconstruction of a non- conforming structure that has been more than 50 percent destroyed by fire or disaster. The FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 2 revised ordinance does as long as the rebuild is within the original footprint. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1220 ON SECOND READING AND ORDERED PUBLICATION. 2. Second Reading of an Ordinance Amending Chapter 110 of the Fridley City Code Pertaining to Water Quality (Text Amendment, TA #05-07, by the City of Fridley). WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1221 ON SECOND READING AND ORDERED PUBLICATION. 3. First Reading of an Ordinance Amending Chapter 603 of the Fridley City Code Pertaining to Food Sales (Tabled December 5, 2005). William Burns, City Manager, stated this ordinance makes it clear that the food to liquor ratio that is required of on-sale liquor establishments pertains only to prepared food and not to food from vending machines. The item was tabled on December 5 and has been subsequently modified. Staff recommends that through this action the item be removed from the table and approved by Council. ITEM REMOVED FROM TABLE. WAIVED THE READING OF THE ORDINANCE AND APPROVED THE ORDINANCE ON FIRST READING. NEW BUSINESS: 4. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use. William Burns, City Manager, stated this resolution requests disbursement of the City's population portion of the Municipal State Aid System construction funds for the 2006 street reconstruction project. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-10. 5. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit Application for Twin Cities North Chamber of Commerce for Billiard Street Cafe Located at 7178 University Avenue N.E. (Ward 2). William Burns, City Manager, stated this is the new license for the Billiard Street Cafe. The North Metro Chamber currently owns a license that allows them to operate in two other locations—Jake's in New Brighton and Jake's in Mounds View. They are asking that we approve the extension of their current license which expires on May 31, 2006, as well as approve a new license that will expire on May 31, 2008. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 3 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. Approve Agreement for Legal Services Between the City of Fridley and Knaak & Kantrud, P.A. William Burns, City Manager, stated the City has contracted with Fritz Knaak since 1996. His current three-year contract expired at the end of 2005. The terms of the proposed new contract are as follows: the monthly compensation has been raised from $5,450 to $5,777 or by 6 percent. The hourly rate for hours of litigation above ten hours per month has been raised from $75 to $85 per hour. The term would run from January 2006 through December 2008. In view of the City's satisfaction with Mr. Knaak's service to Fridley and in view of the very reasonable rate for services, staff recommends Council's approval. APPROVED. 7. Claims (125021-125244) APPROVED. 8. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 8A. Estimate APPROVED THE FOLLOWING ESTIMATE: Shank Constructors, Inc. 3501 — 85th Avenue North Brooklyn Park, MN 55443 Commons Park WTP Upgrade Proj ect No. 3 57 Estimate No. 3 ........................$256,898.00 Councilmember Bolkcom requested that Item 5 be removed and placed on the regular agenda. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Item 5. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER WOLFE BEING ABSENT, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 4 ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item 5. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER WOLFE BEING ABSENT, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): No items presented. PUBLIC HEARING: 9. Consideration of an On-Sale Intoxicating Liquor License Application of Michael J. White of White Owl Ventures, LCC, d/b/a Main Event Restaurant, Generally Located at 7820 University Avenue N.E. (Ward 3). MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER WOLFE BEING ABSENT, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:42 P.M. Richard Pribyl, Finance Director, stated the Main Event restaurant was recently acquired by White Owl Ventures, LCC. Mr. Michael White of White Owl Ventures has applied for the intoxicating liquor license. The Public Safety Department has reviewed their request, conducted a background check, and has found no reason to deny the request. Staff has provided a copy of the City Code that states all the stipulations that go along with the license in regard to the City Code. Petitioner has requested the 2 a.m. endorsement with their application. Mr. White does plan on opening the restaurant under his ownership on March 1. The notice of public hearing was published in the Fridley Sun Focus on January 5. Final approval for the license is currently scheduled for February 13. Councilmember Bolkcom asked Mr. Pribyl to state what the main stipulations were. Mr. Pribyl replied the main stipulation she was referring to is the food-to-liquor ratio. The minimum in regard to food is 40 percent. Staff reviews that on an annual basis to ensure that the ratio is maintained. Councilmember Bolkcom asked if there are any further stipulations related to the 2 a.m. endorsement. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 5 Mr. Pribyl replied they actually require that twice a year they submit to the City a report on the food-to-liquor ratio. They want to make sure they are still serving food during the extended hours. Councilmember Bolkcom asked if the new owner had been informed about his responsibilities. Mr. Pribyl replied the City Clerk reviewed all of the stipulations. They do have a checklist to make sure all of those elements have been reviewed. That is part of the application. Councilmember Bolkcom asked Mr. White if he was aware of the stipulations related to the food and liquor license and the ratios. Michael White, White Owl Ventures, LCC, stated, yes, he was. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER WOLFE BEING ABSENT, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 7:48 P.M. NEW BUSINESS: 5. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit Application for Twin Cities North Chamber of Commerce for Billiard Street Cafe Located at 7178 University Avenue N.E. (Ward 2). Councilmember Bolkcom said the Twin Cities North Chamber of Commerce is asking for a gaming permit in this establishment until the end of May but so they do not have to come back in a very short period of time they are asking that Council actually e�tend it to May 31, 2008. Mr. Pribyl said they are asking that two periods be considered. The first would be a short period to May 31, 2006, and then for the full license period after that until May 31, 2008. The reason for this is because it takes about six weeks for the State to run it through their approval process. MOTION by Councilmember Bolkcom to adopt Resolution No. 2006-11. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER WOLFE BEING ABSENT, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 10. First Reading of an Ordinance Amending the Fridley Municipal Code Pertaining to the Late Night Endorsement of On-Sale Liquor License. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 6 Captain Robert Rewitzer, Police Department, stated this ordinance amends Chapters 602, 603, and 606. On June 1, 2003, the State of Minnesota enacted legislation permitting local jurisdictions to extend hours of alcohol sales until 2 a.m. On September 13, 2004, Council adopted an ordinance amending the City Code allowing liquor licensees to obtain a late-night license endorsement to sell intoxicating liquor until 2 a.m. The ordinance included a sunset provision. No late-night license endorsement would be effective after April 30, 2006. This was to allow for review of any detrimental affects of the 2 a.m. closing. The following licensees obtained late-night license endorsements: American Legion, Main Event, Sha�, King's Restaurant, Billiard Street Cafe, Fridley Crab House, and Joe DiMaggio's. In August, 2005, the American Legion reported they were not able to meet the required food-to-liquor ratio and their endorsement was dropped. The Main Event and Sha� submitted reports indicating they were both in compliance. The other licensees did not obtain endorsements until well into 2005 and have not submitted reports. Analysis of police calls indicate no significant impact attributable to the 2 a.m. closing times. Overtime expenses from holding the 3 p.m. to 3 a.m. shift showed no increase over previous years. The Minnesota Office of Traffic Safety noted that accidents had not necessarily increased but had been displaced to later in the early morning. As many of the licensees did not obtain an endorsement until well into 2005, data regarding the impact of 2 a.m. closing times is limited as a result. Staff recommends a first reading of an ordinance continuing the late-night license endorsement until April 30, 2008. This ordinance merely amends the sunset date listed in Chapter 602, 603, and 606. Staff will again review any impacts on police calls for service and will report back to the City Council before the sunset takes affect. The second reading of this ordinance will occur on February 13, 2006. Councilmember Bolkcom stated there has been an increase in calls to Sha�, but Captain Rewitzer felt they were related more to the smoking ban than the 2 a.m. closing. Captain Rewitzer stated they have seen an increase of activity at Sha�. They believe the majority is a result of the smoking ban in Minneapolis that has caused people to seek entertainment options outside of Minneapolis. The closest venue is Sha�. That, coupled with the fact that they have an increased police presence there, has resulted in a higher number of calls for service and increased activity. They do not believe it is necessarily attributable to the 2 a.m. closing. MOTION by Councilmember Billings to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBER WOLFE BEING ABSENT, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. First Reading of an Ordinance Creating Chapter 205.32 0-7 of the Fridley City Code Pertaining to Shoreland Overlay District. Julie Jones, Planning Coordinator, stated the primary question seems to be is the City really required to have a shoreland ordinance in place. They received a response from the DNR and the Metropolitan Council, and the answer is yes. State Statutes do require all cities that have shoreland within their boundaries to adopt shoreland ordinances. This has been a low priority FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 7 because we are a fully-developed community. The DNR has confirmed that eventually they are going to enforce this and all cities are going to need to adopt an ordinance. It looks like they are even considering putting additional conditions and requirements in place for cities that do not have shoreland ordinances. Ms. Jones said that during the public hearing on this ordinance, it was clear to staff that there was a lack of knowledge among property owners on shoreland property. She wanted to clarify that this shoreland overlay district is strictly about building setbacks and shoreland property and strictly about lot coverage and defining that lot coverage differently. Mr. Jones stated the DNR has selected the following water bodies: the Mississippi River, the wetlands at Springbrook Nature Center, Spring Lake, Locke Lake, Moore Lake, Harris Pond, Farr Lake, Rice Creek, Stoneybrook Creek, Springbrook Creek, Norton Creek, and Oakland Creek They have made some modifications to the City's shoreland map. As a result of some of the negotiations they have had with the DNR, they have removed some areas that were on the map at the public hearing as noted. There is an area along the river in the Riverview Heights neighborhood. That area has been taken out because there is a roadway in between the river and the properties there. In the beginning, the DNR said they had to include those, but they have now worked it out with them that we are making our shoreline overlay definition to be only first tier and only those that directly abut a waterway. There are some other areas that come off of Farr Lake where there is parkland between the private lot and the water body, so some of those have been taken out as well. There are a few properties on Rice Creek where there is park land between them so those are no longer included. As a result, they have actually reduced the number of properties now that are in the shoreland overlay. Some areas were taken out because that part of the creek was not natural anymore. It was piped. Ms. Jones said she also wanted to discuss the existing overlays. There is a Critical Area Overlay. The entire area of the City from East River Road to the river is in the Critical Area Overlay. In this overlay district, the setback requirements they are talking about already exist. They already cannot build any closer than 100 feet to the water. There is also Overlay District One, the Creek and River Overlay District, which is along the Mississippi River, along Locke Lake, along Rice Creek, and around Moore Lake. The properties in this district can build nothing except maybe a parking lot in the floodway. The boundary is designated by FEMA. They actually have more restrictions on them than what will be in the shoreland ordinance. They took a count and there are actually only 73 properties out of the 390 that are now in the Shoreland Overlay which are not already restricted by other overlay district regulations. When they started this back in the late 80's there were going to be over 900 properties that were going to have to be included in the Shoreland Overlay according to the true definition of "shoreland" in the state guidelines. They have now narrowed that down to first tier and only first tier directly abutting the waterway. Ms. Jones stated the DNR has granted the City a great deal of flexibility in the proposed overlay, primarily in the boundaries of the overlay district. The DNR has said the City can make it properties that directly abut the waterway. Another area of flexibility the DNR has granted the City is exceeding the 25 percent lot coverage requirement which is the maximum the State guidelines allow. Staff has provided them sample properties from each of the water bodies that FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 8 are included in this overlay and convinced the DNR that if the City were to write an ordinance with the 25 percent overlay, it would be creating a tremendous amount of non-conforming properties. The DNR agreed that is something they did not want to do. They also gave us flexibility in the height requirements. They have a height requirement of no higher than 25 feet. Most of our properties that are in the proposed Shoreland Overlay are R-1 properties and so they had a 30-foot height requirement. Staff argued with the State that they should be allowed to maintain that requirement. Ms. Jones stated another area that staff got flexibility on was the reclassification of Farr Lake. Because Farr Lake had been classified as a natural environment lake that meant the setback requirement was 150 feet. This would have made every single property around Farr Lake non- conforming. Staff asked them to look back on their records and they were able to confirm that Farr Lake really was not a natural environment lake, so it now only has a 50-foot setback requirement. Ms. Jones stated the one thing they did not get from the DNR is a 50 foot setback on Moore Lake. Actually, for recreational lakes such as Moore Lake, it is a 75-foot requirement. The DNR stressed they wanted to keep it at that. There are really only three properties around Moore Lake that do not meet the 75-foot setback requirement. Staff agreed with the DNR it would really be in the best interests for those living around Moore Lake to maintain the existing setback line. Ms. Jones stated there are some wording changes in the ordinance based on comments from the public hearing. The DNR required that they add a shoreline definition. They moved Farr Lake to the new classification and corrected the natural environment and recreational development lake setbacks. The main thing they changed was the very last section, the non-conformity section. They worked with the City Attorney and reworded that section. One thing she wanted to clarify for people affected by the ordinance is that even though these requirements are in place, they could apply to the City for a variance for both the setback requirements and the lot coverage requirements. They would have to provide a hardship statement and provide the City information with some unique circumstance they have. Ms. Jones said an earlier draft of this ordinance was reviewed by the Environmental Quality and Energy Commission. The Planning Commission held a public hearing on the proposed ordinance on November 2 and passed the draft ordinance unanimously. The City Council held a public hearing on this item on November 21. Staff is confident that they have negotiated the best option they can get for the City in shoreland requirements with the DNR. The DNR did indicate that there is no guarantee they could grant this flexibility again in the future. The DNR warned that without a shoreland ordinance, it is very possible the City could have future restrictions placed on it regarding future development or redevelopment. Staff recommends that they proceed with the first reading. The second reading would be held on February 13, 2006. Councilmember Billings asked if it only applies to first tier properties. Ms. Jones replied that is correct. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 9 Councilmember Barnette asked if he had a home on the Mississippi River that was currently within 50 feet of the water and it burned down, could he rebuild on the same footprint. Ms. Jones replied, yes. Councilmember Barnette said the DNR is saying you better do it now, because there might be tougher restrictions later. Ms. Jones stated there were a number of cities in the Rice Creek Watershed District that did not have shoreland ordinances in place. The value of the shoreland along Rice Creek is major thing for the City. Councilmember Bolkcom said staff did a great job in negotiating on this matter, but she did not think if they do not pass this, the DNR may have stricter regulations. Fritz Knaak, City Attorney, said they could. Some of what has been negotiated in this particular case are actually negotiations for less restricted standards than their standard ordinance. They can impose stricter standards. They cannot be unreasonable and do anything arbitrary and capricious, but they have been applying the standard statewide now actually for some years. Councilmember Bolkcom asked if there is something in this ordinance that states she now has to have her gutters go on to a grassy area. Ms. Jones replied what this section is saying is that if you want to exceed the 35 percent lot coverage area, it is spelling out some things that you could do that would allow you a variance to do that. That is what the reference to down spouts and landscape areas is about. Councilmember Bolkcom asked if the three people on Moore Lake who are non-conforming can rebuild as long as it is in the same spot. Ms. Jones replied as long as they do not expand the footprint or non-conformity. Mayor Lund asked about the definition of shoreland and the 1,000 feet from the normal high water mark requirement. Ms. Jones replied this is not to be confused with setback This is what the State in their guidelines defines as shoreland. The 1,000 feet from the ordinary high-water mark is the second tier. The first tier is the 300 feet within the ordinary high-water mark So when they talked about first tier and second tier in the DNR requirements, it is in reference to this definition. Mayor Lund stated he just had some concerns that this definition now puts this into a category of further restriction at some later date because they have defined 1,000 feet. Ms. Jones replied she was concerned about it, too, and contacted Mr. Knaak to make sure it was okay. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 10 Mayor Lund asked if the DNR could become more restrictive at a later date. Ms. Jones replied if the DNR did, it would be statewide. Scott Hickok, Community Development Director, stated this is one of the key reasons this has been in the works for 16 years. Their definition needs to be in there in order to be consistent with all the other shoreland ordinances that have been adopted throughout the state. All of the negotiation that we have talked about tonight is what sets us apart from that definition. The ordinance really set us apart from that two-tier standard by just having one tier and, in some cases, as described less than a tier such as in Riverview Heights where they have allowed us just to take that entire strip out and not consider that part of the shoreland. We have really come a long way from their standard definition. Staff felt that without the definition, the ordinance the DNR was approving for us would fall far short because it is not consistent with every other definition out there. Councilmember Bolkcom asked where that said that in the ordinance. Mr. Hickok replied every other specification in the ordinance talks specifically about the setbacks or the lot coverages or the things that apply specifically to the Fridley ordinance. It starts off at the consistent place where the State has started with every other community but from that point forward, our ordinance defines how we differ from the standards that are out there. Councilmember Bolkcom asked about the 100 foot setback. Mr. Hickok stated Ms. Jones was describing what a non-conformity is. Mayor Lund said it is his understanding that the DNR has their restrictions. He asked what "flowage" meant. Mr. Hickok replied it is a term that is most often used with things like reservoirs where there is a flowage or current through a larger body of water. It is not a typical stream or creek It is a current that runs through and it may be man-made or a natural feature, but is a current probably with a creek or river coming out but a current that runs through a larger lake area. Probably not all that different than Locke Lake but on a much bigger scale. Mayor Lund commented it seems we are going backwards upstream. His concern is that we are not so overly restrictive so the property owners along this overlay district cannot expand or add onto their home. That would be a detriment or loss of potential value for those landowners. Mr. Hickok said this is a state law. We have an obligation to live by the law, but we have taken the time to figure how to do it in the best way possible. Councilmember Bolkcom asked for a further explanation of "flowage" before the second reading. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 11 MOTION by Councilmember Barnette to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Resolution Approving a Plat, P.S. #03-08, Town Center, by Town Center Development, for the Purpose of Creating Two New Parcels from 1282 Mississippi Street, 6490 Central Avenue and the Vacant Lot South of Sandee's Restaurant (Ward 2). 13. Approve Development Agreement between the City of Fridley and Town Center Development, Pursuant to Final Plat, P.S. #03-08, Generally Located at 1282 Mississippi Street and 6490 Central Avenue N.E. (Ward 2). Scott Hickok, Community Development Director, stated Town Center Development is located in the southwest quadrant of Mississippi and Old Central. This development at this point has only been approved as a preliminary plat. It was considered by the Planning Commission in November, 2003. Commission and staff recommended approval with stipulations at that time. Subsequent to that, the developer had a neighborhood meeting and redesigned the building based on concerns that a four-story building in the neighborhood would be too much of an imposition and really change the character of the neighborhood too much. At that time they did modify the building. It was originally a four-story, 55-unit building. They reduced it one story, reduced it one unit; and it is now a three-story, 54-unit building. On January 5, 2004, Council approved the preliminary plat and added two additional stipulations which would make 26 stipulations on the proj ect. After the preliminary plat approval, there were several e�tensions that were granted six months at a time. Mr. Hickok said it is required that a preliminary plat come back in its final plat form within six months of preliminary plat approval. If that cannot happen, the developer needs to ask for an extension. There were some matters that were before the Anoka County Court for consideration that caused the developer to be delayed in getting the final plat. They did not want to move ahead with the final plat with some uncertainty about the disposition of these other items. This has now been resolved and they have come back in within their last extension window. They have the mylars for the project and a negotiated development agreement between staff and developer is ready for approval. One additional stipulation has been added. It mandates a cap of 5 percent rental at any one time. This has come as a product of subsequent discussions they have had with the developer. They have an investment group that is interested and staff wanted to make certain in writing that it is clear that this is to be a primarily owner-occupied building with, if necessary, a small percentage of rental. Oftentimes the estate of a family may need to hold a property for a period of time. Staff recommends approval of the final plat and the development agreement. Councilmember Billings asked if Sandee's Restaurant was part of this plat. Mr. Hickok said it was. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 12 Councilmember Billings stated it has been closed for quite a while for remodeling. He understands there were some problems. Mr. Hickok said they started on the modifications before having a plan for staff to review and without necessary permits and inspections. Councilmember Billings asked if they had something to worry about here in terms of this developer. Mr. Hickok said they have had discussions about this with the developer. The inspection staff has a very good handle on this and will not let them move ahead without having the proper steps in place. Councilmember Billings asked if the Anoka County Health Department had some rules and regulations about getting prior approval of equipment before it is placed in a restaurant. Mr. Hickok replied, yes, and that is a bit perplexing to him because the Anoka County Health Department was in earlier than the City was the did not say anything. The have talked to them about the problem. Councilmember Bolkcom asked if they can legally include Stipulation No. 27. Fritz Knaak, City Attorney, said they could. Councilmember Wolfe stated he thought he made himself clear in the beginning on how he stood on the whole deal. As councilmembers have stated before, any time there are, for example, 10 stipulations, there is a red flag. He sees 27 here, so he has concerns. There are a lot of stipulations. Mayor Lund asked the petitioner if he had any problems with the added stipulation or the change to Stipulation No. 1. Mr. Whinnery, Town Center Development, stated the added stipulation has been incorporated into the bylaws. Mayor Lund asked about the problem with Sandee's Restaurant. Mr. Whinnery said it did get off on the wrong foot, but they have worked it out. Councilmember Barnette asked about the relocation of the Tamarisk building. Mr. Whinnery stated they are still trying to find a mover. MOTION by Councilmember Wolfe to adopt Resolution 2006-12 with the following twenty- seven stipulations: FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 13 1. Property to be developed in accordance with site plan depicting a 3-story building, approved by the City Council at their January 5, 2004, meeting. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. 5. E�terior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Officer prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 10. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. 11. Restoration of bike path along Central after will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for storm water run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES Permit and provide N URP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements if determined necessary by Anoka County. 24. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 14 25. The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. 26. All drive aisles to be used for 2-way traffic shall be 25' in width. 27. The petitioner shall provide that the Building Association documents will not permit more than 5% of the units to be rented at any one time. Along with Exhibit A. Seconded by Councilmember Barnette. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON 4 TO 1 VOTE. MOTION by Councilmember Wolfe to approve the Development Agreement between the City of Fridley and Town Center Development, pursuant to Final Plat, P.S. #03-08, generally located at 1282 Mississippi Street and 6490 Central Avenue N.E. (Ward 2) with the following twenty- seven stipulations: 1. Property to be developed in accordance with site plan, depicting a 3-story building, approved by the City Council at their January 5, 2004 meeting. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. 5. E�terior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Officer prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 10. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. 11. Restoration of bike path along Central after will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for storm water run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES Permit and provide N URP ponding for entire site. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 15 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements if determined necessary by Anoka County. 24. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 25. The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. 26. All drive aisles to be used for 2-way traffic shall be 25' in width. 27. The petitioner shall provide that the Building Association documents will not permit more than 5% of the units to be rented at any one time. Seconded by Councilmember Barnette. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON 4 TO 1 VOTE. 14. Special Use Permit Request, SP #06-01, by RSP Architects for Totino-Grace High School, to Allow an Existing Private School to Exist as a Special Use in an R-1, Single Family Zoning District, Generally Located at 1350 Gardena Avenue N.E. (Ward 2). 15. Variance Request, VAR #06-01, by RSP Architects for Totino-Grace High School, to Increase the Height of a Portion of the School Building from 30 Feet to 48 Feet for the Renovation of the School Auditorium, Generally Located at 1350 Gardena Avenue N.E. (Ward 2). FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 16 Councilmember Billings asked if they have an application that is signed by the fee owner of the property or a letter from the fee owner agreeing to the request. Julie Jones, Planning Coordinator, replied the school signed off on both requests. She stated, in regards to the special use request, Steve Maurelli of RSP Architects is seeking a special use permit to allow an existing private school as a special use in an R-1 Single Family zoning district located at 1350 Gardena Avenue. The private school has been in existence at this location since the school was constructed in 1965. However, a special use permit has never been obtained for the school as a whole. This special use permit request is coming to the City at this time because the school is seeking a variance and building permit to renovate the school auditorium. The petitioner is also seeking a variance request to increase the maximum height of a portion of the school building from 30 feet as allowed in the R-1 district to 48 feet to the midspan of the roof height. The variance request is being requested to allow the renovation of the school auditorium. A summary of the hardship statement is as follows: Totino-Grace is currently planning for a renovation within their existing auditorium space. The footprint for the building will not change. The renovation is primarily increasing the height of the space in order to accommodate production catwalks, increase proscenium opening, and a fly loft over the stage. The variance requested is for only a specific portion of the existing school building. The new theater space is 215 feet from the north property line and 318 feet from the east property line, so it should have no shadowing affect on the adjacent houses. We also feel the distance from the streets will result in the added height having no perceived effect on the spatial character of either street. Ms. Jones said the school was constructed in 1965 with an addition constructed in 1977. Totino- Grace is a co-educational Catholic high school which provides education to approximately 1,020 children, grades 9 through 12. In 2003, the City Council approved a variance request for the subj ect property to reduce the width of parking stalls from 10 feet to 9 feet to allow an expansion of their parking lot. That expansion added an additiona170 parking stalls. In 1999, a special use permit was issued for the property to allow the school to upgrade the existing track and field facility. Although a special use permit was approved in 1999, it was specifically for the track and field facility, not for the school as a whole. Private schools are a permitted special use in the R-1 Single Family zoning district subject to stipulations. Since the existing school does not have a special use permit, the petitioner is requesting one at this time. The property complies with all setback and lot coverage requirements. In addition to the special use permit request, the petitioner is also seeking a variance to increase the height of the existing auditorium. The auditorium is located in the center of the existing school building. Ms. Jones stated the new auditorium space is 215 feet from the north property line which is Gardena Avenue and 318 feet from the east property line. The ground elevation of the square building is 6 feet lower than Gardena Avenue and Arthur Street and both of the line of sight views will be impacted by the increase in the auditorium roof height less than for the typical home built closer to the street. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 17 Ms. Jones stated petitioner said that lowering the stage floor is not feasible. All of the existing school buildings are slab on grade, and all of the spaces adj acent to the auditorium are the same elevation as the auditorium. Both the stage and the auditorium entries are flush with the adjacent floors. In order to provide flexibility and maintain safe egress, the petitioner states they cannot lower the stage floor and solve their need to have additional fly space over the stage. The City Code requires a 35-foot maximum height in the R-1 Single Family zoning district. The petitioner is seeking to increase that height requirement to 48 feet but only in the location of the auditorium within the school building complex. This variance would allow the renovation of the school auditorium by increasing the height and increasing the number of seats. The building footprint will not change. The reason for the height increase is to create a functional theater in which theatrical, choir, and orchestra productions can be better produced. They are only bringing back the seats they have lost over the years with expansions of the stage. Ms. Jones stated the only concern staff has taken a look at is parking requirements. Currently Totino-Grace has 366 parking stalls. Staff has looked at the parking requirements for all of the different uses of parts of the buildings and determined that the property does fall short of ineeting the Code requirements by approximately 8 parking stalls. Therefore, staff is recommending that if the building's square footage is expanded in any way in the future, that the building would need to come into compliance with the parking requirements. That is one of the proposed stipulations. Ms. Jones stated the Planning Commission had a public hearing on the special use permit on January 4. There was unanimous recommendation for approval with six stipulations. The Appeals Commission held a public hearing regarding the variance request for Totino-Grace on January 11 and also unanimously recommended approval of the request with six stipulations. Staff concurs with the Planning Commission's recommendation regarding approval of the special use permit request with six stipulations. Staff also concurs with the Appeals Commission recommendation for approval of the variance request with six stipulations. The building height will have little visual impact to the residential character of the neighborhood due to the building's distance from the street. The added height request is a reasonable request that modern theater production requires. Councilmember Barnette asked if letters were sent out to all the neighbors within 350 feet as required. Ms. Jones said they were. Councilmember Barnette asked if they got any reaction from any of the neighbors regarding this request. Ms. Jones said they had one call somewhat opposed and one call strongly supporting the proj ect. Councilmember Wolfe said what he thought was different is this being built in the middle of a building that is already there. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 18 Councilmember Bolkcom stated she was a little concerned about the parking. Ms. Jones replied because they are not expanding the footprint of the buildings, staff did not believe they were justified in asking them to provide additional parking at this time. In addition, they are not expanding the number of seats beyond what they had when the auditorium was originally built. They originally may have had more than the 320 seats they are restoring it to. The school has indicated that it is highly unusual for that space to be used at the same time classes are in session. Councilmember Bolkcom commented this would attract more kids to the school. Mr. Hickok said they have been very consistent with their student population size. This project is not to increase the size of their student population. It is to bring their productions into more of a modern standard for high school. He said he wanted to comment on the parking issue because he appreciates that Council sometimes gets calls that they do not hear about, but they really have not had any complaint except the call that Ms. Jones received that was somewhat against this. It was more about the parking than about the building. They did do quite an analysis on this, and breaking it down to the formula that is spelled out in the City Code, it is 8 stalls short of being what it should. They had a neighborhood meeting a few years ago and staff talked with residents about the potential of signing both sides of some streets with No Parking signs, and interestingly enough, people who lived around there did not see the parking in the area to be enough of an issue that they would want their streets to be posted with No Parking signs. Totino did respond by building a new 80-stall parking lot off Gardena to relieve some of the on-street parking. Steve Maurelli, RSP Architects, made a presentation showing drawings of the school and proposed renovation. Brother Milton Barker, President of Totino-Grace, stated he wanted to address the issue of a parking ramp and where that came from. Eight years ago, when they did a comprehensive master plan for their facilities, it was their desire to build a performing arts and worship space that would seat their entire student body plus faculty staff--about 1,200 people--and at the same time build a new field house that would include both the performance gymnasium area and practice gyms. They did do a plot and footprint of that plan working with people in the City and looked at the possibility of building a ramp because part of the construction would take up existing parking. In sending that plan to an estimator, the cost at that time was $21 million. They could not afford to spend that amount of money. They are basically a tuition-driven school and they knew they would have to change their mission. They would no longer be operating at a tuition of about $8,000 but would be operating at a tuition like the most elite prep schools in the Twin Cities that are $17,000 to $18,000 and they could not do that. So they abandoned that plan and looked instead at trying to redo the interior facility. That was the only time they ever talked about a parking ramp. In order to answer concerns of the City, they did add an additiona124 parking spaces when they did their Totino field renovation and then in 2003 they added an additiona170 spaces as part of a major parking program. It is interesting to look at the parking situation because in reality Gardena Avenue is signed one side of the street. It is not signed on the side of the street adjacent to their property. Arthur Street is also signed in the residential area from Gardena to Royal Oaks. The Nature Center is also signed so the parking FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 19 that is available for their students is immediately adjacent to their property line on Matterhorn, Gardena, and Arthur. In general that is where students park On an unusual day, that parking may extend to Royal Oaks Court. He said this project will make their facility comparable to other schools. including Mounds View, Spring Lake Park, Fridley, and several other private schools. Mayor Lund commented it seems every time an issue with Totino-Grace comes up the parking and traffic is talked about. Brother Barker said when they get a complaint, they act on it immediately. If it is during the school day, a dean of students goes to the area, finds out who owns the car, comes back to the building, finds the student, tells them to remove the car, assigns a disciplinary sanction, and looks at revoking parking privileges. MOTION by Councilmember Wolfe to approve Special Use Permit Request, SP #06-01, by RSP Architects for Totino-Grace High School, with the following six stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, fire, and ADA requirements for any new construction, alteration or renovation done on this site. 3. The subj ect property shall be maintained free of any and all construction debris. 4. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 5. The addition shall be architecturally compatible with the existing building and finished with complementary exterior building materials and color scheme. 6. At which time the square footage of any of the school buildings is expanded, the property shall come into compliance with all parking code requirements. Seconded by Councilmember Bolkcom. MOTION by Councilmember Wolfe to approve Variance Request, VAR #06-01, by RSP Architects for Totino-Grace High School, with the following six stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, fire, and ADA requirements for any new construction, alteration or renovation done on this site. 3. The subj ect property shall be maintained free of any and all construction debris. 4. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 5. The addition shall be architecturally compatible with the existing building and finished with complementary exterior building materials and color scheme. 6. At which time the square footage of any of the school buildings is expanded, the property shall come into compliance with all parking code requirements. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 20 16. Variance Request, VAR #06-02, by Bruce Odlaug for the Rice Creek Townhomes, to Reduce the Side Yard Setback from 15 Feet to 13.2 Feet to Recognize an Existing Non-Conforming Setback, Generally Located at 1560 — 69t'' Avenue N.E. (Ward 2). Scott Hickok, Community Development Director, stated Bruce Odlaug of the Lindquist & Vennum firm represents the owner of the Rice Creek Townhomes. They are seeking a variance to reduce the side yard setback from 15 feet to 13.2 feet to recognize an existing non-conforming setback of the townhome buildings on the south side of the development. The property owner would like to refinance the property, and the lenders are requiring variances to recognize any non-conformities or deficiencies as an assurance to their investment. Staff informed petitioner that the City is changing the City Code to match the State statute, but petitioner is interested in having this approached as a variance. The developer donated a portion of land to the south for use as a park and to essentially add requested green space to the development. However, the donation and subsequent requirements created non-conforming status on the side yard. Mr. Hickok said the subject property is located on 69th Avenue, east of Central, and zoned R-3, Multi-Family Residential. According to building permit records on September 30, 1969, the City entered into an agreement with Carl Hipp, the former fee owner of the subj ect parcel, to rezone the property from R-1, Single Family, to R-3, Multi-Family, based on Mr. Hipp conveying to the City a portion of the property for a City park and additional portion of land for highway and utility right-of-way. Mr. Hipp conveyed the subject property to the Rice Creek developers who in turn complied with the agreement and deeded to the City the portion of the land of the park and dedicated the easement that was required. As a result of the agreement, a City park was created south of the subject property. It is common practice for any new development to either deed land to the City or pay park dedication fees. The subj ect property was then developed in 1972 consisting of 141-unit townhome development. There are 27 four, five and six unit buildings located on the property and all of the 141 units are three-bedrooms which is a rarity in the marketplace. There are 154 garage stalls and 158 hard surface parking stalls for a total of 309 parking spaces. City Code requires an interior side yard setback of 15 feet for all buildings under 35 feet in height in the R-3 district. Subject property is bordered by Anoka Street, 69tn Avenue, and Stinson Boulevard. City Code requires that the narrow street frontage be considered a front yard; therefore, Stinson Avenue is considered the front yard of the development. The petitioner is seeking to recognize the existing side yard setback on the south side of the development for the buildings located at 1578-88 68th Avenue, 1620-1630 68tn Avenue, and 1660-70 68th Avenue. The closest point of the building is 13.2 feet from the property line. Mr. Hickok stated petitioner is seeking a variance from 15 to 13.2 feet. Granting this variance will simply recognize the existing non-conforming setback The Appeals Commission held its public hearing on January 11 and unanimously recommended approval and there were no stipulations recommended. Staff recommends approval consistent with the Appeals Commission. There was a parking variance that came in initially with this request. There was much discussion and analysis done by staff. At the time this building was built, there was an 18- month period whereby the City would come back and tell them whether additional parking would be required. They were a number of stalls short and, at that time, if the City deemed it necessary, they would build the parking. Unfortunately it looks from the record as though that FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 21 got lost in the shuffle. Today, they can say in all certainty that there is not enough parking. The Fire Marshall has indicated they would have difficulties getting fire trucks there. The developer is now looking at putting in the parking as required. They have asked that the recognition of the parking shortage be delayed and have waived the 60 days. They said they would like to analyze the situation. They may just prefer to put in the parking as opposed to asking for a variance. At this time, they are only considering the side yard setback from 15 to 13.2 feet. Councilmember Wolfe said the parking issue would be taken care of later. Mr. Hickok said they will bring this back to them as a variance if that is what the final resolution is. Petitioner has indicated a very strong interest and willingness to put in the parking. They will keep them posted. Councilmember Billings stated he would like to have the representative acknowledge the 60- day waiver. Jeff McNaught, Lindquist & Vennum, stated, yes, they acknowledge the waiver of the 60-day requirement. The reason why the variance is the desired mechanism here is because the lender for the refinancing of this property is concerned that in the event of a catastrophic type of destruction of the property that would destroy more than 50 percent of it, the rebuilding under the non-conformity statute would not apply to them. They wanted to make they had the variance. The parking issue is being addressed and they have some engineers that are looking at this as to what can be done in order to expand it. He thought they needed 44 spots. MOTION by Councilmember Wolfe to approve Variance Request, VAR #06-02, by Bruce Odlaug for Rice Creek Townhomes. Seconded by Councilmember Barnette. MOTION by Councilmember Billings to divide the motion, as the Variance Request has two parts. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to approve that portion of Variance Request, VAR #06-02, by Bruce Odlaug for the Rice Creek Townhomes as it relates to the side yard setback, with no stipulations. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to table that portion of Variance Request, VAR #-06-02, reducing the required amount of parking stalls until such time as staff and petitioner are ready to bring it back before the City Council. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 22 17. Resolution by the City of Fridley Supporting the Statutory Referendum Requirement for any County-Wide Sales Tax that may be Levied for a Vikings Stadium in Anoka County. Councilmember Wolfe stated he put this on the agenda as he was asked a number of times to do so and he is interested in hearing what needs to be said. His understanding is there is a group of people who would like to see people not have a say in the sales tax. He is a firm believer that people should have a say in what is being paid for. He thinks it should come to a vote. He thinks if it goes to a referendum, it will not pass and he feels they are trying to skirt around that issue. Councilmember Barnette asked the City Attorney if there is a State law on this. Fritz Knaak, City Attorney, replied said there is. The law cited in the resolution does require that if a municipality under special legislation is allowed to adopt a sales tax, that it must conduct a referendum. Councilmember Wolfe asked if there are ways around that. Mr. Knaak said he does not know what Anoka County is doing or not doing. He knows that it is not uncommon when special legislation is sought for something to get a specific exclusion. Councilmember Barnette asked who can make that exception. Mr. Knaak replied the State legislature could. Councilmember Bolkcom asked if Anoka County has asked them whether they support their endeavors at this point. William Burns, City Manager, replied, no, not to his knowledge. Councilmember Billings asked if they needed to go to the legislature for this. Mr. Knaak said he believed they would have to go to the legislature to get that authority. Councilmember Billings stated so whatever they do, they need to go to the legislature. Mr. Knaak replied, yes, that is correct. Councilmember Billings stated we have 201 state legislators that are going to hold hearings on this and have committee meetings on it. He has a problem with the language in the resolution that says the City Council was the representative government body of the residents of the City of Fridley. They are elected to run and operate the City. That does not mean that they are the people who are elected to make a decision on all issues that other levels of government are supposed to be dealing with. There are a number of issues that are dealt with by other levels of government that are also duly elected to represent the population of the City of Fridley. We have FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 23 four school districts in this City and two state senators. We have three legislators in the House of Representatives. We have a congressman and two United States senators, and two county commissioners, all of whom are making decisions every day about what is happening to people within the City of Fridley and beyond the borders of the City of Fridley. He said the City Council's mission is not to speak for the citizens of Fridley on issues that relate to the duties of these other elected officials. He said they all have their opinions, but there is nothing that authorizes them to take away the ability of the other residents of this City to be able to express their opinion on this issue. He thinks every citizen of Fridley, whether a resident or business, should be contacting those elected officials who are elected to represent them on this issue to take action and to express their point of view. He presented an alternative resolution. Councilmember Bolkcom asked if the Anoka County commissioners had been informed of the resolution on their agenda. Dr. Burns replied he had a brief conversation with Commissioner Kodiak about a week and a half ago letting him know this was a possibility. Ken Christianson, 7525 Fourth Street NE, asked if Councilmember Wolfe presented the resolution to the City Council. Mayor Lund replied there was a resolution on the agenda. Mr. Christianson asked whether the resolution has to be withdrawn or voted up or down before Councilmember Billings' resolution is presented. Mayor Lund replied they will take a look at both of them. Mr. Christianson stated he is not against the stadium but he is for the people of Fridley getting to vote on it. Ron Holch, 6599 Hokah Drive, Lino Lakes, stated he started the Taxpayers Against the Anoka County Vikings Stadium. He talked about the statute for taxes. Councilmember Billings stated what is before them is the question of whether or not they are the representatives that actually even have the right to make a statement on behalf of the thousands of citizens in the City of Fridley. MOTION by Councilmember Billings not to take any more public comment. Seconded by Councilmember Barnette. Councilmember Barnette stated he had some very strong feelings about the resolution. He cannot speak for all the people in Fridley. He thinks a lot of this is redundant, that there is already a State law that gives us all the right to vote on this. He suggested it would be better to get a petition and go to the state representatives. They are the only ones that can change this law. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 24 Councilmember Bolkcom stated she would like to hear what people have to say but she would like the side comments taken away. MOTION by Councilmember Billings to remove his motion not to take any more public comment. Seconded by Councilmember Barnette. Dann Dobson, Executive Director of the No Stadium Tax Coalition, stated the exact language of the State legislation that they are talking about is 297A.99. It says the imposition of a local sales is subject to approval by voters of the political subdivision in a general election. The Anoka County Board has passed a resolution to request that Anoka County be exempted from this law. No other municipality has ever been exempted from this. The legislature in 1999 put this in place to give the voters a say in this kind of situation. It is very vague in the last line of the legislation and there is no language saying voters shall not be allowed to vote in a referendum. It is very clear — all it says is the requirements of 297A.99 do not apply to any tax imposed under this subdivision. So they are trying to do this under the ostentation of very obscure language. What Anoka County is doing is trying to remove the voters' say. The Council will counterbalance at the legislature what the Anoka County Board is doing. Councilmember Barnette asked if he had been at an Anoka County Commissioners' meeting to make this point. Mr. Dobson said they have never held a public meeting or hearing. Councilmember Bolkcom asked about the process. Mr. Dobson said he thought there were less than 25 County commissioners and state representatives. What would happen at the legislature is the vast majority, over 90 percent of the people who would be voting on this proposed tax, would not be affected, so there would be no reason for them not to vote for this. It has been drafted in such a way so it penalizes only the residents in Anoka County. Councilmember Bolkcom asked Mr. Dobson if he has actually contacted his State representatives. Mr. Dobson replied not for this one but he has been talking for six years up at the legislature about the Twins legislation. He has spoken to a number of Anoka County representatives about this. Councilmember Bolkcom asked how they responded. Mr. Dobson replied most of them are uniformly opposed to the tax and debating the referendum. However, there is a real concern what people out-state will do Bruce Pomerane, 5687 West Bavarian Pass, stated as a whole, the Anoka County Commissioners are not arguing a general principle. They are not doing this for anything that normally the government is required to provide. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 25 Councilmember Billings asked Mr. Pomerane how much the sales tax was expected to cost the average taxpayer. Mr. Pomerane said they are $45 per person per capita. That is per capita based on a 300,000 population. That includes children. This will eventually cost every Anoka County resident, $1 billion to $1.25 billion dollars because of the interest over 30 years it would take off these bonds. This will affect four generations. Councilmember Billings asked Mr. Pomerane if he was at Anoka County for the truth in taxation hearing regarding the amount his property taxes were going to go up this year. Mr. Pomerane said he was not. He was fine with the taxes up to this point. He is opposed to taxes going to private industry as a principle. Marsha Etticher, 6870 Seventh Street NE, stated she would appreciate it if Council would look at this referendum. She respectfully disagrees with Councilmember Billings. She is neither for nor against the stadium being built, but she thinks that people do have a right to make a decision. She requests that the City Council look at how this will affect Fridley residents. They are close to other counties to do their shopping to avoid the additional sales tax. It could impact Anoka County and the City of Fridley. Councilmember Barnette asked is she agreed that this is in the hands of the state legislators. Ms. Etticher said she agrees, but to her the state legislators are passing it to Anoka County and its residents. If they increased the sales tax on a state level, everybody in the state would be paying for it. She believe that everyone benefits by having the team here. Councilmember Barnette asked is this should be directed at the state legislators. Ms. Etticher replied it should be, but none of them are willing to step forward. None of them are willing at this point to step forward and put their votes on line. Councilmember Wolfe said he feels that the people here would like them to help them by letting the representatives who represent our City know that they support the people. Joe Capra stated he agreed with Councilmember Wolfe. All they are asking for is help. Joy Spencer, 6020 McKinney Street NE, mentioned that KSTP had a camera man here and that is not because they are a nobody. It will be recorded in the news either that they supported the idea of the referendum or they did not. She said she thinks the support of the idea of people voting on it is important. Connie Metcalf, 860 West Moore Lake Drive, stated the media is not going to decide how anyone is going to vote. Council does represent the City of Fridley and difficulties in speaking with their legislators have been brought up--many of them have made up their minds. All they are concerned about is the right to vote, the right for representation. She cannot imagine the FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2006 PAGE 26 State legislators voting against the referendum. The citizens have a right to vote on any taxation bills that come before them, and it is hard for her to believe they could vote for any exceptions in that at all. She has spoken to many people who do simply want the right to vote on this. John Dumanski, Lino Lakes, stated the Anoka County Commissioners have volunteered their pocket books for what is a State problem. This resolution they are being asked to support is simply a statement by them that they expect a state law to be followed. It is important that they do this because they have more recognition than they do as private citizens. They are asking them to say they expect the state law to be followed. John Knight, Minnetonka, stated what this is really about is the law and it does require a referendum. There has never been an exemption granted. What they are asking them to do is simply pass a resolution. It has been done by a growing number of cities in Anoka County and also some cities in Hennepin. MOTION by Councilmember Billings to substitute the resolution with the replacement resolution. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. MOTINO by Councilmember Billings to adopt Resolution No. 2006-13. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. 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 11:18 A.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor � � CffY OF FRIDLEI' T0: FROM: DATE: RE: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 William W. Burns, City Manager Captain Bob Rewitzer February 8, 2006 Extension of Late Night License Endorsement Staff recommends approval of the second reading of the attached ordinance amending the Fridley City Code by extending the late night endorsement allowing the sale of intoxicating liquor until 2:00 a.m. The ordinance extends the late night endorsement to April 30, 2008, and affects Chapters 602, 603 and 606 of the City Code. The first reading was held on January 26, 2006. Staff will review any impact on police calls for service and will report back to Council before the sunset of this ordinance on April 30, 2008. Attachment Ordinance No. AN ORDINANCE AMENDING THE FRIDLEY MUNICIPAL CODE PERTAINING TO THE LATE NIGHT ENDORSEMENT OF ON-SALE LIQUOR LICENSE The City Council of the City of Fridley, Minnesota, hereby ORDAINS: That Chapter 602 of the Fridley City Code shall be amended to include the following language: 602.02 LICENSES REQUIRED 6. Late Night License Endorsement An On-Sale license may be amended to include a Late Night License Endorsement subj ect to the terms and conditions imposed by the City Council within its discretion and otherwise in accordance with the provisions of this Chapter. No person may sell any beer under any permit issued pursuant to this chapter after 1:00 a.m. without first obtaining a Late Hour License endorsement. No Late Night License Endorsement shall be effective after Apri130, � 2008 602.05 GRANTING OF LICENSES 3. Late Night License Endorsement. An On-Sale license may be amended to include a Late Night License Endorsement subj ect to the terms and conditions imposed by the City Council within its discretion and otherwise in accordance with the provisions of this Chapter. An application for a Late Hour License Endorsement shall be made at the same time as, but separate from, an initial license or license renewal. No Late Hour Endorsement granted by the City of Fridley will be effective after Apri130,�-2008. That Chapter 603 of the Fridley City Code shall be amended to include the following language: 603.02 LICENSE REQUIRED No person, except wholesalers or manufacturers to the extent authorized under State License, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this Chapter. No person shall sell any intoxicating liquor on Sundays without obtaining a separate license for Sunday sales, as required by Minnesota State Statutes. No person shall sell any intoxicating liquor after 1:00 a.m. without obtaining a special Late Hour License Endorsement for an existing liquor license as provided in this Chapter. No Late Hour License Endorsement granted pursuant to this Chapter will be effective after Apri130, �99F 2008. Ordinance No. That Chapter 606 of the Fridley City Code shall be amended to include the following language: 606.02 LICENSES REQUIRED Page 2 No person shall sell, deal in or dispose of by gift, sale or otherwise, any liquor without first having obtained a license to do so from the City Council; provided, however, that this section shall not prohibit the given or serving thereof to guests in a private home, shall not prohibit the sale thereof by a manufacturer or distributor to a person holding a license there under, and shall in no way effect the operation of the municipal liquor stores. In addition to the foregoing, no person shall sell any intoxicating liquor after 1:00 a.m. without obtaining a special Late Hour License Endorsement for an existing liquor license as provided in this Chapter. No Late Hour License Endorsement granted pursuant to this Chapter will be effective after Apri130, � 2008. Passed and adopted this day of of the City of Fridley. Attest: Debra A. Skogen, City Clerk First Reading: January 23, 2006 Second Reading: Publication: 2006, by the City Council Scott J. Lund, Mayor � � CffY OF FRIDLEY To: From: Date: Regarding: AGENDA ITEM CITY COUNCIL MEETING OF February 13, 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk February 8, 2006 Second Reading of an Ordinance Amending Chapter 603 Intoxicating Liquor pertaining to Food Sales At the Council Meeting of January 23, 2006, a first reading was held relating to the modification of Chapter 603. This change is only intended to clarify the definition of food as it relates to Chapter 603, On-Sale Intoxicating Liquor and the calculation of the ratio of food to liquor sales. This change is being proposed due to discussions with AMF Maple Lanes and their desire to include vending machines sales as part of their food sales. Their attorney claimed the City Code was vague on whether or not vending machines sales could be included as food. Based on that discussion, Staff has prepared this ordinance in hopes of removing any confusion as to the use of vending machines sales as part of the food sales in the ratio calculation of food to liquor. Staff is recommending the second reading of this Ordinance RDP/me Attachment ORDINANCE NO. _ AN ORDINANCE AMENDING CHAPTER 603 OF THE FRIDLEY CITY CODE PERTAINING TO FOOD SALES 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: That Chapter 603 of the Fridley City Code is hereby amended as follows: Chapter 603. On-Sale Intoxicating Liquor 603.01. DEFINITIONS 1. Bowling Center/Restaurant An establishment under the control of a single proprietor or manager, having a minimum of 201anes for the sport of bowling and where, in consideration of payment therefore, the general public is permitted to participate in the sport of bowling. Such establishment shall have a kitchen and other facilities to serve meals and where, in consideration of payment therefore, meals are regularly served at tables to the general public. Such establishment employs an adequate staff for the usual and suitable service to its guests, and the business of bowling, including sale or rental of bowling equipment and supplies, for a license year is a minimum of 60% of the total gross sales of the business. 8. Restaurant. Any establishment, other than a hotel or bowling center/restaurant, under the control of a single proprietor or manager, having kitchen and other facilities to serve meals and where, in consideration of payment therefore, meals are regularly served at tables to the general public. Such establishment employs an adequate staff for the usual and suitable service to its guests, and the business of serving food and/or intoxicating liquors for a license year is a minimum of 40% of the total gross sales of the business. Vendin� machines sales shall not be included as food sales revenue (Re£ 1172) 603.10. CONDITIONS OF LICENSE 18. A restaurant shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, a minimum of 40% of the business for a license year is from the serving of food prepared on site and not from vendin� machines. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors a minimum of 40% of the business for a license year is from the serving of food prepared on site and not from vendin� machines. A bowling center/restaurant shall be conducted in such a manner that, of that part of the total business attributable to or derived from the sale of food and intoxicating liquors, a minimum of 30% of the gross sales of the food and liquor is from the serving of food prepared on site and not from vendin� machines. (Re£ 1172) 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 First Reading: January 23, 2006 Second Reading: Publication: � � CffY OF FRIDLEI' DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 February 6, 2006 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner An Ordinance for TA #OS-04 Shoreland Overlay District, Ch. 20532 O-7 - Second Reading Background On November 21, 2005, the Fridley City Council held a public hearing on Text Amendment #OS-04, a proposed Shoreland Overlay District to the City's Zoning Code. A first reading of the attached ordinance was completed at the January 23, 2006, City Council meeting. No changes have been made to the version of the ordinance proposed at the last meeting. There was a question raised at the last Council meeting about the meaning of the word "flowage" in the definition of "Shoreland" in the proposed shoreland ordinance. Staff consulted the DNR regarding this language since it was pulled from State Statute. Staff was informed that the word "flowage" refers to "a body of water formed by... damming" (Merriam Webster's Collegiate Dictionary, l Oth ed.). There should be no concern about the term flowage as taken from the State Statutes, because shoreland is defined as land located within a certain distance of public waters. Public Waters are further defined in Section 4 of the draft code to only include those bodies of water listed. Flowage simply refers to how the water feature is formed. Commission Review On September 20, 2005, the Fridley Environmental Quality and Energy Commission reviewed a previous version of the text amendment and unanimously approved the proposed ordinance. They believe this ordinance will further educate the public about the delicate balance between human habitat and necessity of preserving and protecting our natural surroundings. On November 2, the Planning Commission held a public hearing on TA#OS-04. They forwarded the item on to Council for a November 21, public hearing, which the City Council held. The Commission unanimously recommended approval. Recommendation Staff recommends that the City Council conduct the second reading of the attached ordinance for TA #OS-04 at the February 13, 2006, City Council meeting, after which it will be published and become effective 15 days after publication. M-06-26 Draft Date 2/6/2006 10:26:00 AM ORDINANCE NO. AN ORDINANCE CREATING CHAPTER 205.32 O-7 OF THE FRIDLEY CITY CODE PERTAINING TO SHORELAND OVERLAY DISTRICT The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby created as follows: 205.32 O-7 SHORELAND OVERLAY DISTRICT 1. PURPOSE AND 1NTENT A. The ;�Yt;,�:�;r��Y�u unre�ulated use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise use and development of shorelands of public waters. B. Statutory authorization. These shoreland regulations are adopted pursuant to the authorization and policies contained in Minn. Stat. Ch. 103FF, Minnesota Regulations, Parts 61202500 through 61203900, and the planning and zoning enabling legislation in Minn. Stat. Ch. 462. C. Jurisdiction. The provisions of this Code shall apply to shorelands of the public water bodies as classified in Section ��.�a 205.32.4.B of this Code. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this Code. D. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this Code and other applicable regulations. E. District application. The shoreland overlay district shall be superimposed (overlaid) upon all the zoning districts as identified in Chapter 205 of this Code as existing or amended by the text and map of this Code. The regulations and requirements imposed by the shoreland overlay district shall be in addition to those established by the base zoning district which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply. F. Exemption. A structure or use which was lawful before adoption of this Chapter, but which is not in conformity with the provisions of the shoreland overlay district, may be continued subject to Section 205.043 ofthis Code. Draft Date 2/6/2006 10:26:00 AM 2. DISTRICT BOUNDARIES The boundaries of the shoreland permit overlay district within the city consists of the first tier of riparian lots abutting a protected lake or tributary identified in Section ''��.�a 205.32.4.B of this Code. The specific boundaries of the shoreland permit overlay district are shown on the official Fridley ?�� Shoreland Overlay District Map in the Fridley Zonin� Code. 3. DEFINITIONS For the purpose of this Chapter certain terms and words are hereby defined: Words used in the present tense shall include the future; words in the singular include the plural, and the plural the singular; the word "building" shall include the word "structure"; and the word "lot" shall include the word "plot"; and the word "shall" is mandatory and not directory; and the word "including" shall mean "including, but not limited to". For the purpose of this district the following definitions shall apply: A. Accessory Building. A subordinate building or use which is located on the same lot as the principal building or use and is necessary or incidental to the conduct of the principal building or use. B. Bluff. Those steep slopes lying between the ordinary high water mark and the River Corridor boundary having an angle of ascent from the river of more than twelve percent (12%) from the horizontal. C. Bluffline. A line delineating the top of the bluff connecting the points at which the angle of ascent becomes less than twelve percent (12%). More than one (1) bluffline may be encountered. D. Bluff Impact Zone The area between the Bluffline and forty (40) feet inland from the bluff. E. Commission. The City of Fridley Planning Commission. F. Commissioner. The Commissioner of the Department of Natural Resources of the State of Minnesota. G. Council. The Fridley City Council. H. Critical Area. The area known as the Mississippi River Corridor Critical Area designated by the Governor in the Executive Order No. 130. L Development. The making of any material change in the use or appearance of any structure or land including reconstruction; alteration of the size of any structure; alteration of the land; alteration of a shore or bank of a river, stream, lake or pond; a commencement of drilling (except to obtain soil samples); mining or excavation; demolition of a structure; clearing of land as an adjunct to construction; Draft Date 2/6/2006 10:26:00 AM deposit of refuse, solid or liquid waste, or fill on a parcel of land; the dividing of land into two (2) or more parcels. J. 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 greater quantities and at an increased rate of flow tan e�sted prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. K Lot Coverage. The amount of impervious surface on a lot. L. Ordinary High Water Level. Minnesota State Statute 103G.005, subdivision 14 defines ordinary high water level as the boundary of waterbasins, watercourses, public waters, and public waters wetlands, and: (1) the ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial; (2) for watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and (3) for reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. M. Shoreland Shoreland_means land located within the followin� distances from_the ordinary hi�h water elevation of public waters: l� land within 1 000 feet from the normal hi�h watermark of a lake, pond, or flowage; and (2) land within 300 feet of a river or stream or the landward side of a floodplain delineated by ordinance on the river or stream, whichever is �reater. Draft Date 2/6/2006 10:26:00 AM N. Shore Impact Zone The area between the ordinary high water mark and fifty (50) feet inland from the ordinary high water mark. O. Structure. Anything constructed or erected which requires location on or underground or attachment to something having location on or underground. This includes an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, whether of a temporary or permanent character. Draft Date 2/6/2006 10:26:00 AM 4. SHORELAND CLASSIFICATION SYSTEM A. Public waters. The public waters of Fridley have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the DNR Protected Waters Inventory Map for Anoka County, Minnesota. B. Official map. The shoreland permit district for the waterbodies listed below shall be shown on the Fridley Zoning Map. (1) Lakes Recreational DevelopmentLakes Moore Lake Spring Lake General DevelopmentLakes Locke Lake Harris Pond Farr Lake Natural EnvironmentLakes Public Water in Springbrook Park (2) Rivers and streams Rivers Mississippi River Tributary Streams Norton Creek Oak Glen Creek Rice Creek Springbrook Creek Stoneybrook Creek 5. ADMINISTRATION Protected Waters Inventory I.D. # 2-75P 2-71P Protected Waters Inventory I.D. # 2 - 77P 2-684W 2-78P Protected Waters Inventory I.D. # 2-688P From To Sec 3, T30N, R24W Sec 34, T30N, R24W A. Building permit required. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), and those grading and filling activities not exempted by this Code that occur within the shoreland district. Application for a building permit shall be filed with the zoning administrator or any staff persons designated by the city manager on an official application form of the city, accompanied by a fee as set forth in Chapter 11 of this Code. Where required by law, the building permit application shall be forwarded to the applicable watershed district for review and comment. The application shall include the necessary information so that the zoning administrator can determine the site's suitability for the intended use. B. Variance. Variances may only be granted in accordance with Section 205.05.6 ofthis Code. A variance may not circumvent the general purposes and intent of this Code. No variance may be granted that would allow any use that is prohibited in the underlying_zoning district in which the subject property is located. Draft Date 2/6/2006 10:26:00 AM C. Notifications to the Department of Natural Resources. (1) Public hearings. Copies of all notices of any public hearings to consider variances, amendments, or special uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. (2) Approval. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or special uses under local shoreland management controls must be sent by the City to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. 6. LAND USE DISTRICT DESCRIPTIONS Allowed land uses within the shoreland district shall be determined by the underlying zoning district, as listed within Chapter 205 of City Code. 7. LOT AREA AND WIDTH STANDARDS Lot area and width standards for residential development shall be regulated per the underlying zoning district in Chapter 205 of City Code. 8. PLACEMENT, DESIGN, AND HEIGHT OF STRUCTURES A. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows: (1) Required setbacks. All required rear yard, side yard and front yard setbacks shall be met per the underlying zoning district. (2) Ordinary high water level setback. Structure setbacks (in feet) from the ordinary high water level. Classes of Public Waters Structure Setbacks General Development Lake 50 feet Natural Environment Lake 150 feet Recreational Development Lake 75 feet River 100 feet Tributary Stream 50 feet (3) Required bluff setback. The following setback shall be applied, regardless of the classification of the water body: Classes of Land Structure Setback Top of Bluff 40 feet Draft Date 2/6/2006 10:26:00 AM (4) Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. (5) Height of str�uctures. Ma�mum allowable height for all structures shall be regulated per underlying zoning district in Chapter 205 of City Code. B. Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (1) T�egetation alteration. Removal or alteration of vegetation is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. �2) (3) (4) b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water- oriented accessory structures or facilities provided that: ((i)). The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. ((ii)). Along rivers, e�sting shading of water surfaces is preserved. ((iii)). The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards and_the removal of plants deemed _ noxious under the Minnesota Noxious Weed Law. Building permit. Grading and filling and excavations necessary for the construction of structures and driveways under validly issued building permits for these facilities do not require the issuance of a separate shoreland grading and filling permit. Land alteration permit. Notwithstanding (2) above, a land alteration permit will be required for: a. The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones. b. The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. Conditions. The following considerations and conditions must be adhered to during the issuance of building permits, land alteration permits, special use permits, variances and subdivision approvals: a. Grading or filling in any type 2-8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (This evaluation shall also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers): ((i)) Sediment and pollutant trapping and retention. ((ii)) Storage of surface runoff to prevent or reduce flood damage. ((iii)) Fish and wildlife habitat. ((iv)) Recreational use. ((v)) Shoreline or bank stabilization. ((vi)) Noteworthiness, including special qualities such as historic signif�icance, critical habitat for endangered plants and animals, or others. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. Draft Date 2/6/2006 10:26:00 AM c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. £ Fill or excavated material must not be placed in a manner that creates an unstable slope. g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must � create finished slopes of less than 3:1 slope. h. Fill or excavated material must not be placed in bluff impact zones. i. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minn. Stat. § 103G.245. j. Alterations oftopography must only be allowed ifthey are accessory to permitted or special uses and do not adversely affect adjacent or nearby properties. k. Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the ordinary high water level, and the height of the rip rap above the ordinary high water level does not exceed three feet. Must be done in accordance with other State and Federal regulations. Permit from DNR is required. (5) Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after written authorization has been obtained from the Minnesota Department ofNatural Resources approving the proposed connection to public waters. C. Stormwater management. The following general and specific standards shall apply: (1) General standards. a. When possible, existing natural drainage-ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. c. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. (2) Specific standards. a. Impervious surface lot coverage shall not exceed 35 percent of the lot area, except as a variance, which shall comply with the following standards: ((i)) All structures, additions or expansions shall meet setback and other requirements of this Code. ((ii)) The lot shall be served with municipal sewer and water. Draft Date 2/6/2006 10:26:00 AM ((iii)) The lot shall provide for the collection and treatment of stormwater in compliance with Chapter 208 of City Code if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the city engineer and the underlying watershed district. ((iv)) Measures to be taken from the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water. The measures may include, but not be limited to the following: (A) Appurtenances as sedimentation basins debris basins, desilting basins, or silt traps. (B) Installation of debris guards and microsilt basins on storm sewer inlets. (C) Use where practical, oil skimming devices or sump catch basins. (D) Direct drainage away from the lake and into pervious, grassed, yards through site grading, use of gutters and down spouts. (E) Construction sidewalks ��c��;�� of partially pervious raised materials such as decking which has natural earth or other pervious material beneath or between the planking. (F) Use grading and construction techniques which encourage rapid infiltration, e.g., sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them. (G) Install berms, water bars, or terraces which temporarily detain water before dispersing it into pervious area. b. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. c. New constructed stormwater outfall to public waters must provide for filtering or settling of suspended solids and skimming or surface debris before discharge. (3) Nonconformities. All legally established nonconformities as ofthe date ofthis section may continue, butthey will be managed according to section 20532.S.B ofthis Code €e�kg , , , �t�s�f��e�Rsg��t#a�withthe following exceptions c+^r�'^r�'° �_;" ^'°^ ^ r'� , a. Decks a.�...d�e��....a��iip�r��...rn��...�....��1��.d...�i�k��t...a �w�ri�r��...��...�...�p�ir��pp1�...��rap��...r�c�� _ :::��t:::s �?:� :��,�::�� thw�?, � �r: ��:� �r�?i::ti.,, �is?: :.�wt�: �P,,�? ��are allowed as a conformin� use provided all of the following criteria and standards are met: ((i)). The principle structure e�sted on the date the structure setbacks were established. ��ll�� n+�,,,,-,,,,,.�, o.,i,,.,+;,,,, „�+�,o r ro,�. ,,,a �+r,,.+,,,-o ,- o�i� r No other reasonable location for a deck � r o�^oo ,rn +�,o o�;�+;,,,. „r,a;,,.,,... �,;,.�, .�,.,+o,- io..oi i11G�LYYi��'VY'Vli�{,iVGi�Aill�"LiYiiiiAlJi;i11� ill\XiYYU.Y}'�111�Yi VViA;Llii YVV��VY s��b��l� a��1�� ri�ci��; �t�z�t�z�e exists. ((iii)). The deck encroachment toward the ordinary high water level maintains a minimum setback in accordance with applicable code sections_and a maximum encroachment of 10 feet into the Bluff Impact Zone or Shore Impact Zone. ((iv)). The deck is framed construction, and is not roofed or screened. 9. PUBLIC NUISANCE: PENALTY A. Any person who violates any provisions of this district or fails to comply with any of its terms or requirements shall be guilty of a misdemeanor punishable by a fine of not more than $500 or imprisoned for not more than ninety (90) days, or both, and in addition shall pay all costs of prosecution and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Draft Date 2/6/2006 10:26:00 AM B. Every obstruction or use placed or maintained in the Preservation District in violation of this Chapter is hereby declared to be a public nuisance and creation thereof may be enjoined and the maintenance thereof abated by appropriate judicial action. C. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent, remedy or remove any violation. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13t'' DAY OF FEBRUARY 2006. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: November 21, 2005 First Reading: January 23, 2006 Second Reading: February 13, 2006 Published: February 23, 2006 MAP DATE January 4, 2005 MAP REVISION DATE February 8, 2006 Shoreland Parcels Parcel with Zoning Count � � R-1 - One Family Uni[s 334 � � R-2 - Two Family Uni[s ��x � :� R3 - General Mul[iple Uni[s ——— 28 �:.�::�:.�� .......-��:� R-4 - Mobile Home Parks �� PUD - Planned Uni[ Developmen[ —— 9 �� S-1 - Hyde Park Neighborhoods ��:�� :�.�:..�:..�:..�x � �� S-2 - Redevelopmen[ Dis[ric[ S3 - Heavy Ind, Onaway Addi[ion �� C-1 - Local Business �� ,.. G2 - General Business — — — — 8 �:�............�.€� C3 - General Shopping 5 �€°'�€°'�€°'�€� C-R1 - General Office � � M-1 - Ligh[ Indus[rial 1 � ��,.M-2-Heavylndus[rial — — — — 4 � . � . � .. : � . � .. : _. . � , : : � ;;:� M3 - Ou[door In[ensive Heavy Indus[rial M-4 Manufac[uring Only �� RR - Railroads � � :��,. P - Public Facili[ies — — — — – 55 CITY OF FR/DLEY Shoreland Overlay District �� QISCLAMER�� This is an approximate'representation of � parcel and ��lake boundaries. SqUare footages'�� derived from this representation and are � not accurate real world measurements. � SOURCE� ' � ' Anoka County GIS' � Fridley GIS � � � M.��_ x� xv.. �, 0 03]5 0]5 15 Miles � � CffY OF FRIDLEI' DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 February 6, 2006 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner An Ordinance Summary for TA #OS-04 Shoreland Overlay District, Ch. 205.32 O-7 Background On November 21, 2005, the Fridley City Council held a public hearing on Text Amendment #OS-04, a proposed Shoreland Overlay District to the City's Zoning Code. A first reading of the attached ordinance was completed at the January 23, 2006, City Council meeting. No changes have been made to the version of the ordinance that received first reading. The second reading is scheduled for the February 13, City Council meeting. In order to save expenses in publicizing a long document such as the attached, the City Charter allows the City to publish a summary ordinance. Staff makes the full ordinance available for public review upon request. Recommendation Staff recommends that the City Council approve publication of the attached summary ordinance for TA #OS- 04 at the February 13, 2006, City Council meeting. Staff will then, publicize the summary ordinance, making the full ordinance available for public review. M-06-27 ORDINANCE NO. AN ORDINANCE AMENDING THE FRIDLEY CITY CODE CREATING CHAPTER 205.32 SHORELAND OVERLAY DISTRICT O-7 AND SUMMARY I. Title An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code to provide a new Section 205 32 O-7 for the purpose of creating, pursuant to Section 3 of the Fridley City Charter, a Shoreland Overlay District for the purpose of protecting shoreland property from overdevelopment. IL Summarv The City Council of the City of Fridley does hereby ordain as follows: That Chapter 205 is hereby amended to include a Section 20532, Shoreland Overlay District. In summary, Section 20532 limits the amount of impervious surface on shoreland properties to 35 percent and sets building setback limits according to DNR guidelines on shoreland properties, which are defined as any property abutting a protected waterway in the City of Fridley. III. Notice This title and summary has been published to clearly inform the public of the intent and effect of the City of Fridley's Zoning Code. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Ave N.E., Fridley, MN. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13tn DAY OF FEBRUARY. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: November 21, 2005 First Reading: January 23, 2006 Second Reading: February 13, 2006 Published: February 23, 2006 � � CffY OF FRIDLEI' Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 February 6, 2006 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner An Ordinance for Text Amendment #05-05 Pertaining to Curbing and Drainage Requirements - Second Reading Background On December 12, 2005, the City Council held a public hearing regarding proposed text amendment TA #05-05, which would amend the Fridley Zoning Code sections pertaining to curbing and drainage requirements on residential, commercial, and industrial properties. A first reading of the proposed amendment occurred on January 9, 2006. No one from the public has appeared to testify on this proposed code amendment. There have been no changed to this proposed text amendment since it was first introduced to the City Council. The purpose of this amendment is to allow the City to exempt curbing in situations where a project includes approved low impact storm water treatment features, like natural swales or rain gardens. This amendment would apply the same language change to Chapters 205.09.5.D, 205.13.5.D, 205.14.5. D, 205.15.5. D, 205.16.5. D, 205.17.5. D, 205.18.5. D, 205.19.6. D, 205.20.5. D, and 205.25.8. D. This text amendment also includes a proposed change to the Performance Standards section in all applicable sections of the Zoning Code, which refer to the Erosion Control Chapter 208. As you are aware, another separate text amendment is currently before Council regarding repealing and adopting a new Chapter 208. Since the title of that chapter is changing, staff has advised that the title reference be changed throughout the Zoning Code. This text amendment is one of several that have been proposed by staff after examining how the City Codes could be changed to better protect surface water quality in Fridley. This effort is a result of a commitment made to the State and Metropolitan Council in the Springbrook Watershed Project. Commission 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. Staff Recommendation City Staff recommends the Council hold the second reading of the attached ordinance for the approval of the proposed text amendment TA #05-05, to amend the zoning code pertaining to curbing and drainage requirements, at the February 13, 2006, City Council meeting. M-06-29 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.S.D of the Fridley City Code be hereby amended as follows: 205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS (Ref. Ord. 1155, 1194) 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. ((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens. Section 2: That Section 205.09.7.F of the Fridley City Code be hereby amended as follows: 205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS (Ref. Ord. 1155, 1194) 7. PERFORMANCE STANDARDS F. Drainage and Grade Requirements (3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and Erosion Control. Section 3: That Section 205.13.S.D of the Fridley City Code be hereby amended as follows: 205.13. Gl LOCAL BUSINESS DISTRICT REGULATIONS (Ref 1182) 5. PARHING 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. ((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens. Section 4: That Section 205.13.7.E of the Fridley City Code be hereby amended as follows: 205.13. Gl LOCAL BUSINESS DISTRICT REGULATIONS (Ref 1182,1209) 7. PERFORMANCE STANDARDS E. Drainage and Grade Requirements (3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and Erosion Control. Section 5: That Section 205.14.S.D.(3) of the Fridley City Code be hereby amended as follows: 205.14. C-2 GENERAL BUSINESS DISTRICT REGULATIONS (Ref 1182) 5. PARHING 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. ((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens. Section 6: That Section 205.14.7.E of the Fridley City Code be hereby amended as follows: 205.14 C-2 GENERAL BUSINESS DISTRICT REGULATIONS 7. PERFORMANCE STANDARDS E. Drainage and Grade Requirements (3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and Erosion Control. Section 7: That Section 205.15.S.D.(3) of the Fridley City Code be hereby amended as follows: 205.15 C-3 GENERAL SHOPPING CENTER DISTRICT REGULATIONS 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. ((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens. Section 8: That Section 205.15.7.E.(3) of the Fridley City Code be hereby amended as follows: 205.15 C-3 GENERAL SHOPPING CENTER DISTRICT REGULATIONS 7. PERFORMANCE STANDARDS E. Drainage and Grade Requirements (3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and Erosion Control. Section 9: That Section 205.16.S.D.(3) of the Fridley City Code be hereby amended as follows: 205.16 CR-1 GENERAL OFFICE DISTRICT REGULATIONS 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. ((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens. Section 10: That Section 205.16.7.E.(3) of the Fridley City Code be hereby amended as follows: 205.16 CR-1 GENERAL OFFICE DISTRICT REGULATIONS 7. PERFORMANCE STANDARDS E. Drainage and Grade Requirements (3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and Erosion Control. Section 11: That Section 205.17.S.D.(3) of the Fridley City Code be hereby amended as follows: 205.17. M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS 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. ((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens. Section 12: That Section 205.17.7.E.(3) of the Fridley City Code be hereby amended as follows: 205.17. M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS 7. PERFORMANCE STANDARDS E. Drainage and Grade Requirements (3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and Erosion Control. Section 13: That Section 205.18.S.D.(3) of the Fridley City Code be hereby amended as follows: 205.18. M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS 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. ((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens. Section 14: That Section 205.18.7.E.(3) of the Fridley City Code be hereby amended as follows: 205.18 M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS (Ref Ord. 1170,1182) 7. PERFORMANCE STANDARDS E. Drainage and Grade Requirements (3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and Erosion Control. Section 15: That Section 205.19.6.D.(3) of the Fridley City Code be hereby amended as follows: 205.19 M-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE DISTRICT REGULATIONS (Ref. Ord. 995,1170,1182) 6. PARHING 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. ((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens. Section 16: That Section 205.19.8.E.(3) of the Fridley City Code be hereby amended as follows: 205.19 M-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE DISTRICT REGULATIONS (Ref. Ord. 995,1170,1182) 8. PERFORMANCE STANDARDS E. Drainage and Grade Requirements (3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and Erosion Control. Section 17: That Section 205.20.S.D.(3) of the Fridley City Code be hereby amended as follows: 205.20. M-4 MANUFACTURING ONLY DISTRICT REGULATIONS (Ref. Ord. No. 1097, 1170, 1182) 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. ((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens. Section 18: That Section 205.20.7.E.(3) of the Fridley City Code be hereby amended as follows: 205.20. M-4 MANUFACTURING ONLY DISTRICT REGULATIONS (Ref. Ord. No. 1097, 1170, 1182) 7. PERFORMANCE STANDARDS E. Drainage and Grade Requirements (3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and Erosion Control. Section 19: That Section 205.25.8.D.(3) of the Fridley City Code be hereby amended as follows: 205.25. S-3, HEAVY INDUSTRIAL, ONAWAY ADDITION DISTRICT (Ref Ord 1170, 1185) 8. 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. ((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13t'' DAY OF FEBRUARY 2006. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: December 12, 2005 First Reading: January 9, 2006 Second Reading: February 13, 2006 Published: February 23, 2006 � � CffY OF FRIDLEI' DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 February 6, 2006 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner An Ordinance Summary for TA #OS-OS Curbing and Drainage Requirements in Zoning Code Background On December 12, 2005, the Fridley City Council held a public hearing on Text Amendment #OS-O5, which proposes changes to the Zoning Code regarding curbing requirements and reference to stormwater management and erosion control. A first reading of the attached ordinance was completed at the January 9, 2006, City Council meeting. No changes have been made to the version of the ordinance that received a first reading. The second reading is scheduled for the February 13, City Council meeting. The second reading had been delayed due to changes being simultaneously considered for Chapter 208. In order to save expenses in publicizing a long document such as the attached, the City Charter allows the City to publish an ordinance summary. Staff makes the full ordinance available for public review upon request. Recommendation Staff recommends that the City Council approve publication of the attached summary ordinance for TA #OS- OS at the February 13, 2006, City Council meeting. Staff will then, publicize the summary ordinance, making the full ordinance available for public review. M-06-28 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO CURBING AND DRAINAGE REQUIREMENTS AND SUMMARY I. Title An ordinance of the City of Fridley, Minnesota, amending Chapter 205 of the Fridley City Code for the purpose of exempting curbing where a project includes approved storm water feature and provide reference to Chapter 208, Stormwater Management and Erosion Control. IL Summarv The City Council of the City of Fridley does hereby ordain as follows: That Chapter 205, Sections 205.09.S.D, 205.13.S.D, 205.14.S.D, 205.15.S.D, 205.16.S.D, 205.17.S.D, 205.18.S.D, 205.19.6.D, 205.20.S.D, and 20525.8.D, is hereby amended to alter curbing and drainage requirements on residential, commercial, and industrial properties for the purpose of encouraging rain gardens and swales as storm water treatment options; allow staff to exempt curbing in situations where a project includes approved storm water features; and add reference to, Chapter 208, Stormwater Management and Erosion Control in the Performance Standards section in all applicable sections of the Zoning Code. III. Notice This title and summary has been published to clearly inform the public of the intent and effect of the City of Fridley's Zoning Code. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Ave N.E., Fridley, MN. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13Tx DAY OF FEBRUARY 2006. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: December 12, 2005 First Reading: January 9, 2006 Second Reading: February 13, 2006 Published: February 23, 2006 � AGENDA IT�M � CITY COUNCIL MEETING OF FEBRUARY 13, 2006 GTY OF FRIDLEY �� ' TO: William W. Burns, City Manager � PW06-015 - FftOM: Jon li. .aukaas, Public Works Director DATE: February 3, 2006 SUBJECT: 2"d Reading: TA #05-10 Chapter 208 Stormwater Management and Erosion Control This is the second reading of Text Amendment Ordinance #05-10 which deletes Chapter 208: Erosion Control and creates a new Chapter 208 entitled Stormwater Management and Erosion Control. The public hearing was held on December 12, 2005 and the first reading was on January 9, 2006. The new ordinance will provide us with better regulations for the control oF erosion from projects within the City and adds specifications for what is required on Stormwater Pollution control Plans, controls of the rate of excess runoff, treatment of runoff, inspections of stormwater controls and maintenance of stormwater facilities. Recommend the City Councii approve the second reading of an ordinance repealing . Chapter 208: Erosion Control and replacing it with a new Chapter 208: Stormwater ` Management and Erosion ControL Jt111:cz Attachment 33 ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 208 OF THE FRIDLEY CTTY 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: 1• 1 1� �• . 1� 1. YY. Y. I ' 1 � . _ 1. �YY • . r. . ' s ■ • � Y. ' " ■ � \ • 34 0 . - - - _- , • � •�. � �.. .s - - ■ - - - ■ - - - � - - - � - - - - _ - _ -- - -_ : 1 1 • Y� �! �� • • 11� � ' ' _ " ' - ' _' � _ • � � � - - � � - � _ _s . . ._ . . �• � .. � ., � • .. - - � - " ' """" ' Y" " _.. """ "'" '"' "'_ • "" ' " " '"' � - 11_ 1 • 1 . � _ . �\ . � � �� ' ' ' ' ' ' " ' " "" ' ' " ' ' ' " " " ' ' ' " ' ' '"' ' '" ' " .. � .. . - ' " " ' �. I_ I. • � ! • � 5 "" ! . � 36 Section 2: That Section 208 of the Fridley City Code be hereby renamed Stormwater Manage�nent 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 along with soil erosion and sedimentaxion within the Citv of Fridley. It establishes standards and snecifications for conservation practices and planning.activities, which minimize storm water pollution, soil erosion and sedimentaxion. 208.02 SCOPE Except where a variance is granted, any person, firm, sole proprietorshiv, partnership, corporation, state agenc� or political subdivision proposin� a land disturbance activi within the Citv of Fridlev shall a��lv to the city for the approval of the storm water nollution control plan. No land shall be disturbed until the plan is apnroved bv the city and conforms to the standards set forth herein. 208.03 DEFINITIONS These defmitions ap�lv to this ordinance. Unless specificallv defined below, the words or phrases used in this ordinance shall have the same meanin ag s they have in common usa�e. When not inconsistent with the context, words used in the present tense include the future tense. words in the plural number include the singular number, and words in the sing;ular number include the plural number. The words "shall" and "must" are alwavs mandatorv and not merely directive. 1. Applicant: An�person or group that applies for a buildin�permit, subdivision approval, or a nermit to allow land disturbin� activities. Applicant also means that person's a�ents, em l�ovees. and others acting under this person's or group's direction. The term "applicant" also refers to the nermit holder or holders and the permit holder's a�ents, employees, and others acting under this person's or �-oun's direction. 2. Best Management Practices BMPsZ Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventin�, and minimizin tg he degradation of surface water, including construction-phasing, minimizing the length of time soil azeas are exposed prohibitions, and other man ement practices published bv state or designated area-wide planning a encies. 3. Common Plan of Development or Sale: A conti�uous area where multiple senarate and distinct land disturbin�activities mav be taking place at different times, or on different schedules, but under one proposed plan. This item is broadly defined to include design1permit application, advertisement or phvsical demarcation indicatin� that land disturbin� activities may occur. 4. Developer: An�person, �roup, firm, corporation, sole proprietorship, �artnership, state a�ency, Or political subdivision thereof en�aged in a land disturbance activitv. 5. Develonment: Anv land disturbance activitv that chan�es the site's runoff characteristics in conjunction with residential, commercial, industrial or institutional construction or alteration. : 6 Dischar�e• The release convevance channelin� runoff or draina�e of storm water, includin�snowmelt, from a construction site. 7 Energy Diss�ation• This refers to methods em,ployed at pipe outlets to prevent erosion. Exam�les include but are not limited to• aprons riprap s�lash pads and �abions that are designed toprevent erosion. 8 Erosion• Anyprocess that wears awav the surface of the land bv the action of water, wind, ice or �ravitv Erosion can be accelerated by the activities of people and nature. 9 Erosion Control• Refers to methods emploYed to nrevent erosion. Examnles include soil stabilization �ractices horizontal slope r� adin� tem�orary or permanent cover, and construction phasin�. 10 Erosion and Sediment Practice Specifications or Practice: The mana�ement nrocedures, techniques and methods to control soil erosion and sedimentation as officiallv adonted bv the state coun city or local watershed �roup whichever is most stringent• 11 Exposed Soil Areas• All areas of the construction site where the ve�etation (trees, shrubs, brush �rasses etc 1 or impervious surface has been removed thus renderin� the soil more prone to erosion This includes t�soil stockpile areas borrow areas and disposal areas within the construction site It does not include tem�orary stockpiles or surchar�e areas of clean s_and, �ravel concrete or bituminous Once soil is exposed it is considered "exvosed soil," until it meets the definition of "final stabilization." 12 Filter Strips• A ve�itated section of land desi�ned to treat runoff as overland sheet flow. Thev mav be designed in anv natural vegetated form from a�rass�meadow to a small forest. Their dense ve�etated cover facilita.tes pollutant removal and infiltration. 13 Final Stabilization• Means that all soil disturbin�activities at the site have been comnleted, and that a uniform (evenlv distributed e� without lar�e bare areasl perennial ve�etative cover with a densitv of seventv-five (752percent of the cover for unpaved areas and areas not covered b�ermanent structures has been esta.blished or ecLuivalent permanent sta.bilization measures have been emploved Sim�lv sowi�, �rass seed is not considered final stabilization. 14 Hvdric Soils• Soils that are saturated flooded or ponded long enou�h durin� the �rowin� season to develoQanaerobic conditions in the upper part. 15 Hvdrophvtic Veg�etation• Macronhvtic (laz�e enou�h to be observed bv the naked eve) �lant life r�win� in water soil or on a substrate that is at least periodicallv deficient in oxv�en as a result of excessive water content. 16 Impervious Surface• A constructed hard surface that either prevents or retards the entrv of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to devel�ment Examples include rooftons, sidewalks, patios drivewavs parkin� lots stora�e areas and concrete asphalt or �ravel roads. 17 Land Disturbance ActivitT,• �v land chang�e that may result in soil erosion from water or wind and the movement of sediments into or u�on waters or lands within the Citv of Fridlev. includin� construction clearin�& �rubbing, �radin� excavatin� transportin� and filling of land Within the context of this rule land disturbance activity does not mean: 39 A.) Minor land disturbance activities such as home �ardens and an individual's home landscaping, repairs, and maintenance work. B.) Additions or modifications to existin� single familv structures that which result in creatin� under five thousand (5,000) square feet of exposed soil or impervious surface. C.) Construction, installation, and maintenance of fences, si�ns, posts, poles, and electric, telephone, cable television, utilitv lines or individual service connections to these utilities, which result in creatin� under five thousand (S,OOOLsquare feet of exposed soil or impervious surface. D. Tilling, planting, or harvestin�of a�ricultural, horticultural, or forest crops. E.) Emergencv work to protect life, limb, or property and emergency repairs, unless the land disturbing activitywould have otherwise required an apvroved erosion and sediment control plan, except for the emergencv. If such a plan would have been required, then the disturbed land area shall be shaped and sta.bilized in accordance with the Citv of Fridlev's requirements as soon as possible. F.1 Street and utilitv reconstruction projects that result in a net increase in imnervious area of less than 5%. 18. Native Vegetation: The presettlement (Alrea.dv existin� in Minnesota. at the time of statehood in 18581 Qroup of plp ant snecies native to the local region, that were not introduced as a result of European settlement or subsequent human introduction. 19. Ordinary High Water Mark: Minnesota Statute 103G.005, subdivision 14 defines. "Ordinar��h water level" as the boundarv of waterbasins, watercourses, public waters. and public waters wetlands, and: _(1) the ordinarv h�h water level is an elevation delineatin the highest water level that has been maintained for a sufficient neriod of time to leave evidence upon the landscape, commonlv the point where the natural vegetation chan�es from predominantiv aquatic to _predominantiv terrestrial; (2) for watercourses, the ordinar��h water level is the elevation of the top of the bank of the channel: and (3) for reservoirs and flowages, the ordinar�igh water level is the operating elevation of the normal summerpooL The term "ordinary hig;h water mark" is further defined in Minnesota Rule 6120.2500, subpart 11. Ordinarti hi�h water marks are determined bv the Minnesota De.paxlment of Natural Resources' area h, dY rologist. 20. Paved Surface: A constructed hard, smooth surface made of asphalt, concrete or other pavement material. Examples include, but are not limited to, roads, sidewalks, drivewavs and narkin lots. 21. Permanent Cover: Means "final stabilization." Examples include rg ass, gravel, asphalt, and concrete. See also the definition of "final stabilization." .� 22 Permit• With in the context of this code a`�ermit" is a written warrant or license �ranted for construction subdivision a�proval or to allow land disturbin� activities 23 Phased Project or Development• Clearin��arcel of land in distinct phases, with at least fift�nercent (50%) of th�roject's precedin� phase meetin� the definition of "final stabilization" and the remainder proceedin� toward completion before be innin� the next phase of clearin�. 24 Runoff Coefficient• The fraction of total precipitation that is not infiltrated into or otherwise retained bv the soil concrete as�halt or other surface upon which it falls, that will - appear at the convevance as runoff This coefficient is usuallv estimated for an event or on an average annual basis. � 25 Sediment• The product of an erosio �rocess• solid material both minera.l and or�anic, that is in sus�ension is bein� transported, 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 26 Sedimentation• The process or action of deQositing sediment. 27 Sediment Control• The methods employed to prevent sediment from leavin� the development site Examples of sediznent control �ractices are silt fences sediment traps, earth dikes drainage swales check dams subsurface drains pipe slo._pe drains storm ck-ain inlet protection and temporary or permanent sedimentation basins. 28 SiQnificant Redevelopment• Alterations of a�ronerty that chan�es the "footarint" of a site or building in such a wav that results in the disturbance of over one (1) acre of land. This term is not intended to include activities which would not be ex�ected to cause adverse storm water qualit�pacts and offer no new opporlunitv for storm water controls, such as exterior remodelin�. 29 Soil• The unconsolidated mineral and organic material on the immediate surface of the earth For the purposes of this document temporary stock�les of clean sand, �ravel, a¢¢re¢ate concrete or bituminous materials are not considered "soil" stockniles. 30 Stabilized• The exposed �round surface after it has been covered bv sod, erosion control blanket ripra� navement or other material that prevents erosion. Simplv sowin� �rass seed is not considered stabilization. 31 Steep Slope• Anv slope stee,per than fifteen (151 nercent (Fifteen (15) feet of rise for everv one hundred (100) feet horizontal runl. 32 Storm Water• Under Minnesota Rule 7077 0105 subQart 41b storm water, "means precipitation runoff storm water runoff snow melt runoff and anv other surface runoff and drainage "(According to the Code of Federal Re ulations CFR) under 40 CFR 122.26 (blf 131. "Storm water means storm water runoff snow melt runoff and surface and draina�e."l. Storm water does not include construction site dewaterin�. 33 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 imnlemented will decrease soil erosion on a parcel of land and off-site non�oint_pollution. It involves both temporary and permanent controls. : 41 34. Starmwater Pond or Basin: Apermanent man-made structure used for the temporary storage of runoff. Detention Pond is considered a permanent man-made structure containing a temporary�ool of water. A Retention Pond or a Wet Retention Facility is considered a permanent man-made structure containing a permanent pool of water. 35. Structure: Anvthing manufactured, constructed or erected which is normally attached to or positioned on land, includingportable structures, earthen structures, roads, parkin� lots, and paved storage areas. 36. Subdivision: Any tract of land divided into buildin�? lots for private, nublic, 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 develo�ment." _ 37. Temporarv Protection: Short-term methods employed to prevent erosion. Examples of such protection are straw, mulch, erosion control blankets, wood chips, and erosion netting. 38. Ve�etated or Grassv Swale: A vegetated earthen channel that convevs storm water, while treating the storm water by biofiltration. Such swales remove pollutants bv both filtration and infiltration. 39. Verv Steep Slope: An�slo_pe steeper than one foot of rise for each three feet of horizontal run (Thiriy-three (331 percent slope 40. Waters of the Sta.te: As defm�d in Minnesota Statutes section 115.01, subdivision 22 the term ". ."'waters of the state' means all streams, lakes, ponds, marshes, watercourses. waterways, wells, s�rings, reservoirs, aquifers, irri�ation svstems, drainage svstems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or �rivate, which are contained within, flow through, or border upon the state or anv op rtion thereof." 41. Wetlands: As defined in Minnesota Rules 7050.0130, subpart F, ". ..`wetlands' are those areas that are inundated or saturated by surface water or �roundwater at a fr uenc�and duration sufficient to su�port, and that under normal circumstances do support, a nrevalence of vegetation typicallv adapted for life in saturated soil conditions. Wetlands eg nerallv include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes: A.) A predominance of hvdric soils; B.) Inundated or saturated by surface water or groundwater at a frequency a.nd duration suf�icient to sup�ort �revalence of hvdroph ic ve�etation ty�icallv adapted for life in a , saturated soil condition; and C.) Under normal circumstances support a prevalence of such ve�?etation." � 208.04 TECffivICAL GUIDES The followin� handbooks are ad_opted bv reference: 1. "Protectin� Water Qualitv in Urban Areas", Minnesota Pollution Control Agency 42 2. "Storm-Water and Wetlands: Plannin� and Evaluation Guidelines for Addressin� Potential Impacts of Urban Storm-Water and Snow-Melt Runoff on Wetlands", Minnesota Pollution Control A�y 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 Manual" Minnesota De artment of Trans ortation 6. "Field Office Technical Guide of the United States Department of Ag,riculture", Soil Conservation Service 7. "Soil Survey of Anoka Countv" develo�ed bv the United States De�artment of Apriculture, Soil Conservation Service 8. Minnesota Constxuction Site Erosion and Sediment Control Plannin��Handbook 208.05 STORMWATER POLLUTION CONTROL PLAN Everv a�plicant for a buildingpermit, subdivision approval or a permit to allow land disturbin¢ activities must submit a storm water pollution control plan to the ci engineer. No building permit, subdivision approval or permit to allow land disturbin� activities shall be issued until the city approves this plan. 1. Storm Water Runoff Rates. Release rates from storm water treatment basins shall not increase over the predevelopment twentv-four (24) hour two (22vear ten (10) vear and one hundred (1001 vear neak storm dischar�e rates based on the last ten (10) vears of how that land was used Accelerated channel erosion must not occur as a result of the proposed activitv. For dischar�es to wetlands volume control is more important than dischar�e rate controL - 2 The Storm Water Pollution Control Plan and the Gra.din� Plan. The storm water pollution control plan's measures the limit of disturbed surface shall be maxked on the approved �radin� Qlan 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 weekl�v the developer or the developer's desi�;nated representative, and within twen -four 241 hours after every storm or snow melt event larg�Lenou�h to result in runoff from the site (apnroximatelv 0 25 inches or more in twen -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 Z The name and address of the a�plicant and the location of the activitv. B� Project description• the nature and purpose of the land disturbin ag ctivitv 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 l A map of the existin� site conditions• existing toQ.o�raQhv pro�ertv information steep and verv steep slopes existing draina�e s sty ems/patterns type of soils waterwa� wetlands ve etative cover and one hundred (100�vear flood plain boundaries. 43 E.) A site construction plan that includes the location of the proposed land disturbing activities, stockpile locations, erosion and sediment control nlan, construction schedule, and the plan for the maintenance and inspections of the storm water pollution control measures. F.) Adjacent areas: nei ng borinp streams, lakes, residential areas, roads, etc., which might be affected bv the land disturbing activitv. G. Desi�nate the site's areas that have the potential for serious erosion problems. H.) Erosion and sediment control measures: the methods that will be used to control erosion and sedimentatio� on the site, both during and after the construction process. I.) Permanent stabilization: how the site will be stabilized after construction is com lep ted, - includingLnecifications, time frames or schedules. , J.Z Calculations: anv that were made for the design of such items as sediment basins, wet detention basins, diversions, waterwavs, infiltration zones and other applicable practices. 5. General Storm Water Pollution Control Plan Criteria. The plan shall address the followin� A.l Stabilizin a�� 11 exposed soils and soil stockpiles and the related time frame or schedule. B.1 Establishingpermanent vegetation and the related time frame or schedule. C.1 Preventin� sediment dama�e to adiacent properties and other designated areas such as ' streams, wetlands, lakes and unicLue ve�etaxion (Oak groves, rare and endan e�red s eU cies ` i habitats, etc.) D.) Schedulin� for erosion and sediment control practices. E. Where permanent and temporarv sedimentation hasins will be located. F.) En in� eerin� the construction and stabilization of steep and verY Steep slopes. G.) Measures for controllin� the quality and quantity of storm water leaving a site• H.) Stabilizin� all waterways and outlets. I.Z Protecting storm sewers from the entrance of sediment. J.) What �recautions will be taken to contain sediment, when workin� in or crossing water bodies. _ � K.l Restabilizin utilitv construction areas as soon as possible. L.) Protecting�aved roads from sediment and mud brought in from access`routes. M.) The eventual dis�osin og f temporarv erosion and sediment control measures. N.) How the temporarv and permanent erosion and sediment controls will be maintained. 44 3 O 1 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 diversitv of individual construction sites each site will be individuallv evaluated. Where additional control measures are needed they will be �cified at the discretion of the citv en�ineer. The citv will determine what action is necessarv. A) All gradin�,plans and buildin� site survevs must be reviewed bv the citv for the effectiveness of erosion control measures in the context of site topo�raphv and draina�e. B) Sediment control measures must be pronerly installed bv the builder before construction activitv be�ins Such structures may be adjusted durin� �rv weather to accommodate short term activities such as those allowing the passa�e of verv lar�e vehicles. As soon as this activi�-v is fmished or before the next runoff event, the erosion and sediment control structures must be returned to the confi�uration specified by the citv. A sediment control insQection must then be scheduled and vassed before a footing inspection will be done. C 1 Diversion of channeled runoff around disturbed areas if practical, or the vrotection of the channeL D) Easements If a storm water mana.,gement plan involves directin� some or al1 of the site's runoff the applicant or his desi ag� ted representative shall obtain from adiacent �ropertv owners anv necessary easements or other�ro�ertv interests concernin� the flowin� of such water. E ZThe schedulin� of the site's activities to lessen their im�act 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 b�moderate or heaw snow cover (Mulchingican still occur if a li�ht snow cover is present ) stabilize all exposed inactive disturbed soil areas within two hundred (200�feet of an�water of the state or within two hundred (200) feet of anv convevance (curb,._gutter storm sewer inlet, draina�e ditch etc.) with sod, seed or weed- free mulch This must be done if the applicant will not work the area for seven (71 davs on slopes �reater than three (3) feet horizontal to one (1) foot vertical (3:1), fourteen (14) davs on slopes ran�in� from 3•1 to 10•1 and twent�one (21Zdavs for sloAes flatter than 10: L 2�For disturbed areas �reater than five (5) acres construct temporarv or vermanent sedimenta.tion basins Sedimentation basins must have a minimum surface area eQUal of at least 1% of the area draining to basin and be constructed in accordance with accepted desf�n s_pecifications includin� access for �erations and maintenance. Basin dischar¢e rates must also be controlled to prevent erosion in the dischar�e channeL 3) For disturbed areas less than five �5) acres sedimentation basins are encoura�ed, but not rec�uired, unless required� the city en��meer The a�plicant shalI install erosion and sediment controls at locations directed b�the citv Minimum requirements include silt fences rock check dams or other equivalent control measures along slopes. Silt fences are required alon� channel edges to reduce the amount of sediment reachin� the channeL 45 Silt fences, rock check dams, etc. must be re�ularl inspected and maintained. The ap�licant is also required to obtain a National Pollutant Dischar�e Elimination Svstem/State Dis�osal Svstem (NPDES/SDSZconstruction storm water permit from the Minnesota Pollution Control Agency for an�proiect that disturbs one (11 acre or more of land. This one acre value also�plies to a common plan of develo�ment or sale. G.) Sediment basins related to impervious surface area. Where a proiect's ultimate development reQlaces surface vegetation with one �l ) or more acres of cumulative impervious surface, and all runoff has not been accounted for in a local unit of �overnment's existing storm water management plan or practice, the runoff must be discharged 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 Contrvl Agenc�publication, "Protectin� Water Quality in Urban Areas," and the current requirements found in the same a�ency's_ NPDES/SDS permits for storm water associated with construction activities. H. Generallv, sufficient silt fence shall be required to hold all sheet flow runoff enerated at an individual site, until it can either infiltrate or seep through silt fence's op res• I.�porary stockpilin o� (50) or more cubic vards of excess soil on anv lot or other vacant area shall not be allowed without issuance of a rading.nermit for the earth moving activit�in question. J.) For soil stockpiles greater than ten (10 cubic vards the toe of the pile mustbe more than twentv-five (25) feet from a road, drainage channel or storm water inlet. If such stockpiles will be left for more than seven (7) da�ev must be stabilized with mulch. vegetation, tarps or other means. If left for less than seven (� days, erosion from stockpiles must be controlled with silt fences or rock check dams. 1.�If for any reason a soil or non-soii stockpile of anY size is located closer than twent�- five (25)feet from a road, drainage chan�el or storm water inlet, and will be left for more than seven (7) davs, it must be covered with tarps or controlled in some other manner. 2.) All non-soil (clean sand, gravel, concrete or bituminous) must at a minimum have a silt fencing or other effective sediment control measures installed. K.� All sand, gravel or other mining operations taking place on the development site shall a��lv for a Minnesota Pollution Control A e�ncv National Pollutant Dischazge Elimination Svstem General Storm Water permit for industrial activities and all rec�uired Minnesota Department of Natural Resources Q,ermits. L.l Temporary rock construction entrances, or equallv effective means of preventing vehicles from tracking sediment from the site, ma by e required wherever vehicles enter and exit a site. 1.) Vehicle trackin� of sediment from the site must be_minimized b�BMPs such as stone pads, concrete or steel wash racks, or equivalent systems. Street sweepin� must be used if such BMPs are not adec�uate. M.) Parkin� is prohibited on all bare lots and all temporarv construction entrances, exceQt 46 where street parkin�. 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. Sediment shall not be allowed to remain on the streets if the site is to be left idle for weekends or holidaYs. A regular sweepin� schedule should be esta.blished. O) Water (impacted bv the construction activityl removed from the site bv vumnin� must be treated bv temporarv sedimenta.tion basins,�eotextile filters �rit chambers, sand filters, up-flow chambers hvdro-cvclones, swirl concentrators or other approvriate controls. Such water shall not be discharg;ed in a manner that causes erosion or floodin� of the site, receivin� channels, ad�acent propertv or a wetland. P) All storm drain inlets must be protected durinp construction until control measures are in place with either silt fence or an ec�uivalent barrier that meets accepted desi�n criteria standards and specifications as contained in the latest version of the Minnesota Pollution Control A�ency's publication "Protectin� Water Oualitv in Urban Areas." Q Z Roof drain leaders All newly constructed and reconstructed buildin�s shall route roof drain leaders to pervious areas (not natural wetlands) where the runoff can infiltrate whenever practical The dischar�e rate shall be controlled so that no erosion occurs in the , pervious areas. R� Removal from the vroiect's site of more than one (1) acre of topsoil shall not be done, unless written permission is given by the citv en�neer. Excessive removal of tovsoil from the project's site can cause si�ificant current and future soil erosion nroblems. S) Inspection and maintenance All storm water pollution control mana{�ement facilities must be desi�ned to minimize the need of maintenance to�rovide easv vehicle (tvnicallv ei�ht (8) feet or widerl and�ersonnel access for maintenance purposes and be structurallv sound These facilities must have Storm Water Maintenance A�reement that ensures continued effective removal of the pollutants carried in storm water runoff. The owner shall inspect all storm water managiement facilities durin� construction, twice durin� the first vear of oQeration and at least once everv vear thereafter. The citv will keep all inspection records on file for a period of six (6) vears. 1�pection and maintenance easements It shall be the responsibilitv of the apnlicant : to obtain anv necessarv easements or other propertv interests to allow access to the storm water mana�ement facilities for inspection and maintenance purpose. T) Follow-up inspections must be performed bv the owner on a reg�nlar 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 applicant and/or builder to maintain proner erosion and sediment control at all sites. 1) In ca.ses where cooneration is withheld construction stop orders mav be issued bv the citv until all erosion and sediment control measures meet specifications. A second erosion and sediment control/gradin inspection must then be scheduled and nassed before the final ins�ection will be done. U� All infiltration areas must be inspected to ensure that sediment from on�oin� 47 construction activities is not reachin� infiltration areas, and that these areas are also being protected from soil compaction from the movement of construction equipment. 7. Permanent Storm Water Pollution Controls. A.) The applicant shall install and construct all permanent storm water mana ement facilities necessarv to mana�e increased runoff, so that the discharge rates from storm water treatment basins, such that the predevelopment twen -four (24) hour two (2 vear. ten (10) vear, and one hundred (1001 veaz peak storm discharge rates are not increased. These predevelopment rates shall be based on the last ten (10)years of how that land was used. Accelerated channel erosion must not occur as a result of the proposed land ' disturbing or develovment activitv. 1.� All calculations and information used in determinin these �eak storm dischar e rates shall be submitted alon�; with the storm water pollution controlplan. B.�pplicant shall consider reducin� the need for ermanent storm water management facilities bv incorporating 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 theY can accommodate the additional flow of treated (e.�., settled) water without compromising �e inte ritv or quality of the wetland or pond. C.) The following permanent storm water mana ement ractices must be investi ated in developing the storm water mana e�ment part of the storm water pollution control nlan in the following descending order of preference: 1.) Protect and preserve as much natural or ve�etated area on the site as possible, minimizing impervious surfaces. Direct runoffto ve�etated azeas rather than to adjoinin�; streets, storm sewers and ditches. 2.) Flow attennation of treated storm water by the use of o en vegetaxed swales and natural depressions. 3.) Storm water ponding facilities (including1percolation facilitiesl; and 4.1 A combination of successive practices may be used to achieve the a� lin cable minimum control requirements specified in subsection (C) above. The applicant shall �rovide justification for the method selected. D.) Redevelopment of existin�parcels must provide treatment of stormwater from impervious surfaces even if the amount of impervious remains the same or is reduced. Treatment mav be accomplished through the use of ponding areas, infiltration areas, or structural stormwater treatment devices. The applicant shall submit documentation showing the chosen method will remove in excess of 80% of suspended solids and other pollutants from a 1.5 inch 24 hour storm event. 48 E) The ap�licant 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 Agreement also ensures continued maintenance cieanin�pkeep of the facilitv. 8. Minimum Desig�n Standards for Storm Water Wet Detention Facilities. At a minimum these facilities must confonm to the most current technolo�y as reflected in the current version of the Minnesota Pollution Control A�encv's publication "Protecting Water Qualitv in Urban Areas" and the current requirements found in the same a�cy's NPDES nermits for storm water associated with construction activities: 9. Minimum Protection for Natural Wetlands. A) Runoff must not be dischar�ed directiv into wetlands without appropriate qualitv (e.i., treated) and c�uantitv runoff control dependin� on the individual wetland's ve�etation sensitivitv. See the current version of the Minnesota Pollution Control Agencv'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 guidance. B.1 Wetlands must not be drained or filled whollv or partiallv, unless replaced bv either restorin� or creatin� wetland areas of at least equa.l public value. Compensation, includin� the replacement ratio and quali of re�lacement 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�an�and all amendments to it. C.l Work in and around wetlands must be i�u ded bv the followin�principles in descending order of prioritv: 1) Avoid both the direct and indirect impact of the activit�that ma d�estrov or diminish the wetland: 2.) Minimize the impact bv limitin tg he degree or ma�,nitude of the wetland related activitv. 3) Recti the im�act bv reoairing rehabilitating, or restoring 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 during the life of the activitv. 10. Models/Methodolo�ies/Computations. Hvdrolo�c models and desi�n methodolo�ies used for the determining runoff characteristics and analvzing� storm water management structures must be a� rop ved b�the citv engineer Plans specifications and computations for storm water mana�ement facilities submitted for review must be sealed and si�?ned bv a re�istered professional en�ineer All com�utations must appear in the plans submitted for review, unless otherwise approved b tY he citv en ineer. 208.06 REVIEW The ci eng�ineer shall review the storm water pollution control plan. 49 1 Permit Required. If the citv determines that the storm water �ollution control plan meets the requirements of this ordinance the citv 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 waterpollution control plan does not meet the requirements of this ordinance the citv shall not issue a permit for the land disturbance activi . A.l All land use and buildin�permits for the site in question must be suspended until the apnlicant has an a�proved storm water pollution control plan , 3 Permit Susnension and Revocation If the storm water nollution control plan is not being _ implemented the citv can susnend or revoke the permit authorizin�g the land disturbance activit� 208.07 MODIFICATION OF PLAN An annroved storm water nollution control plan mav be modified on subtnission of a written application for modification to the citv and after written a�proval by the city en�ineer In reviewin� such an apnlication, the citv engineer may require additional reports and data 1 Records Retenfion. The citv shall retain the written records of such modi5cations for at leas# three ( 3 ) vears. 208.08 FINANCIAL SECURITIES The anplicant shall provide a fmancial securitv for the performance of the work, in coniuction with a buildin� nermit or land alteration permit, described and delineated on the a�proved r�adin� plan involvin� the storm water pollution control plan and an�storm water and pollution control nlan related remedial work in at a rate of three thousand dollars f$3 OOOZper acre for the m�imum acrea�e of soil that will be simuttaneaus� exposed to erosion during theproiect's construction. (See the defmitions of "exposed soil area" and "final stabilization" for clarification.) This securitv must be available prior to commencing the proiect The form of the security must be: 1. Bv cash securitv deposited to the citv for thirtv erp cent,�30%1 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 simultaneousty exnosed to erosion, then the cash security increases to the first five thousand dollars ($5 000) or ten_percent (10%) of the total financial securitv, whichever is eater. 2. The remainder of the financial securitv shall be placed either with the cityz a resvonsible escrow a�ent, or trust comQany at the option of the ci monev an irrevocable letter of credit, ne�otiable bonds of the kind a�proved for securing depOSltS of nublic monev or other instruments of credit from one or more financial institutions subiect to re�ulation bv the state and federal �overnment wherein said financial institution nled�es that the funds aze on deposit and �uaranteed for pavment This security shall save the citv free and harmless from all suits or claims far damages resultin� from the ne�li�ent rading, removal placement or stora�e of rock sand �ravel, soil or other like material within the citv The tvpe of securitv must be of a type acceptable to the citv. 50 3 The citv mav re�uest a�reater financial security if the citv considers that the devel�ment site is especiallyprone to erosion or the resource to be protected is esQeciall�valuable. 4 If more soil is simultaneous� exposed to erosion than ori i� nall�planned, the amount of the securitv shall increase in relation to this additional exposure. 1. MAINTAINTNG TI-� FINANCIAL SECURITY � If at anytime during the course of the work this amount fa11s below 50% of the reQUired deposit, the applicant shall make another d�osit in the amount necessarv to restore the devosit to the required amount within five (51 davs. Otherwise the citv mav: - A) Withhold the schedulin o�f inspections and/or the issuance of a Certificate of Occupancv. B) Revoke an�nermit issued bv the citv to the �nlicant for the site in auestion and anv other of the applicant's sites within the citv's iurisdiction. 2. PROPORTIONAL REDUCTION OF THE FiNANCIAL SECURITY When more than one-third of the anulicant's maximum ex�osed soil area achieves final stabilization the citv can reduce the total required amount of the financial securitv bv one-third, if recommended in writin�bv the citv engineer When more than two-thirds of the applicant's maximum exposed soil area achieves final stabilization, the citv can reduce the tota.l reauired amount of the financial securit�v two-thirds of the initial amoun� if recommended in writin� by the ci en ineer. 3. ACTION AGAINST T'I� FINANCIAL SECURITY The citv m� act a�ainst the financial securitv if anv of the conditions listed below exist. The citv shall use funds from this security to finance anv corrective or remedial work undertaken bv the citv or a contractor under contract to the citv and to reimburse the citv for all direct cost incurred in the process of remedial work includin� but not limited to stafftime and attornev's fees. A) The applicant ceases land disturbin� activities and/or fillin� and abandons the work site �rior to completion of the citv approved gradin�plan B) The applicant fails to conform to anv city annroved r�adin�plan and/or the storm water �ollution control �lan as a�proved by the citv or related supplementarv instructions. C) The techniqnes utilized under the storm water pollution control plan fail within one (1 Lvear of installation. D 1 The applicant 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. 51 4. EMERGENCY ACTION If circumstances exist such that noncompliance with this ordinance poses an immediate dan� to the public health, safetv and welfare, as determined by the citv en�ineer, the ci mav take emer�ypreventative action. The citv shall also take everv reasonable action possible to contact and direct the a�plicant to take anv necessarv action. Any cost to the citv may be recovered from the applicant's financial security. 5. RETURNING 'TI-� FINANCIAL SECURIT'Y _ Anv unspent amount of the financial securit�eposited with the city for faithful performance of the storm water pollution control plan and anv storm water and pollution control planrelated remedial work must be released not more than one (1) full year after the completion of the ` installation of all such measures and the establishment of final stabilization. 208.09 NOTIFICATION OF FAII.URE OF THE STORM WATER POLLUTION CONTROL PLAN The city shall noti the applicant, when the ci is �� to act on the financial securities part of this ordinance. 1. NOTIFICATION BY THE CITY The initial contact will be to the �artv or parties listed on the application and/or the storm water pollution control plan as contacts. Exce�t durin� an emer�cy action under 208.08.4, fortv- ei h{� t(4g) hours after notification bv the citv or seventy-two (72) hours after the failure of erosion control measures, whichever is less, the city at its discretion, ma j�be�in corrective work. Such notification should be in writin�, but if it is verbal, a written notification should follow as quickl�practical. If after makin� a good faith effort to noti the responsible party or parties, the citv has been unable to establish contact, the citv ma�proceed with the corrective work. A.) There are conditions when time is of the essence in controllin� erosion. Durin such a condition the cit�mav take immediate action, and then notifv the a�plicant as soon as possible. 2. EROSION OFF-SITE If erosion breaches the perimeter of the site, the applicant shall immediately develop a cleanup and restoration plan, obtain the right-of-entrv from the adjoinin�property owner, and ' implement the cleanun and restoration plan within fort�-ei ng t(4g) hours of obtainin�the _ adjoiningproperiv owner's permission. In no case, unless written approval is received from the citv, shall more than seven (7) calendar days �o bv without corrective action bein��taken. If in the discretion of the cit�the applicant does not repair the damage caused bv the erosion, the . cit�ay do the remedial work required and charge the cost to the ap�licant. 3. EROSION INTO STREETS, WETLANDS OR WATER BODIES If eroded soils (includin� tracked soils from construction activities enter or apvear likelv to enter streets, wetlands, or other water bodies, prevention strategies, cleanup and re�air must be 52 immediate The a�plicant shall provide all traffic control and fla��in� required to urotect the travelingpublic durin� the cleanup operations. 4. FAILURE TO DO CORRECTIVE WORK When an applicant fails to conform to anv provision of 208.08 or 208.09 within the time stipulated the ci may take the followin� actions: A 1 Withhold the scheduling of in�ections and/or the issuance of a Certificate of Occupancv. B Z Suspend or revoke anv permit issued bv the citv to the applicant for the site in auestion or any other of the applicanYs sites within the city's iurisdiction. C) Direct the correction of the deficienc�y city forces or bv a seuarate contract. The issuance of apermit for land disturbance activitv constitutes a ri�ht-of-entrv for the citv or its contractor to enter�on the construction site for the purpose of correctin� erosion control deficiencies. D) All costs incurred b�the citv in correctin�storm water pollution control deficiencies must be reimbursed bythe applicant If pavment is not made within thirtv (30) davs after costs are incurred by the citv pavment will be made from the applicant's financial securities as described in 208.08. E) If there is an insufficient financial amount in the auplicant's financial securities as described in 208 08, to cover the costs incurred bv the citv, then the citv mav assess the remaining amount against the propertv As a condition of the permit for land disturbance activities, the owner shall waive notice of anv assessment hearing to be condncted bv the citv, concnr that the benefit to the property ezceeds the amount of the proposed assessment, and waive all rights bv virtae of Minnesota Statute 429.081 to challen�e the amount or validitv of the assessment. 208.10 VAItiANCE In anv case where upon application of the responsible person or persons the citv finds that bv reason of exceptional circumstances strict conformity with this ordinance would be unreasonable imQractical or not feasible under the circumstances• the cit�in its discretion mav g-r�ant a variance therefrom upon such conditions as it may prescribe for prevention control, or abatement of pollution in harmonywith the e� n, eral Qurposes of this ordinance. The public shall be a�iven the opportunit�for comment. 1 Variance Re9uest The variance rec�uest must be in writin� in a form acceptable to the citv. 2 Variance Public Notice 'The variance rec�uest shall be public noticed in the normal manner used for citv council meetin� items to allow the public an opportunitv for comment. 3 Variance Determination After the public has been �iven the ri�ht to comment, the variance shall either be approved or disa�proved b�a vote of the citv counciL 53 4 Variance Response The variance response must be in writing and include the iustification for either grantin og r denvin t�he requested variance. A favorable response shall also include anv special conditions imposed bv the citv. 5 Time Limit. If the variance is not acted upon within one (1) vear of bein� �ranted, the variance shall become void. 6 Revocation. If any of the variance's conditions are violated, the citv mav revoke the variance. . 208.11 ENFORCEMENT - The citv shall be responsible enforcin� this ordinance. 1 Penalties Anx.person firm or corporation failin tg o com�lv with or violatin� anv of these regulations shall be deemed gniltv of a misdemeanor and be subject 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 conected the violation. Each dav that a separate violation exists shall constitute a senarate offense. 208.012 RIGHT OF ENTRY AND IN5PECTION 1 Powers The applicant shall promptiv allow the citY and their authorized representa.tives upon presentation of credentials to: A Enter upon the�ermitted site for the�urpose of obtaining information examination of records conductin�mVestlgations, inspections or surveys. B) Brin� such equipment u�on the permitted site as is necessarYto conduct such surve� ` and investi at� i,_ ons. C.) Examine and copv anv books, papers, records, or memoranda pertainin� to activities or records rec�uired to be kept under the terms and conditions of this permitted site. D.) Inspect the storm water pollution control measures. . E) Sample and monitor anv items or activities pertaining to storm water pollution control measures. F) Anv temporarv or �ermanent obstruction to the safe and easv access of such an inspection shall be promptiv removed upon the inspector's request The cost of providing such access shall be born bv the applicant. 208.13 ABROGATION AND GREATER RE5TRICTIONS It is not intended to repeal, abro�ate, or impair anv existin� easements, covenants, or deed restrictions. However where this ordinance imposes Qreater restrictions, the nrovisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are herebv r�ealed to the extent of the inconsistency onlv. 54 208.14 SEVERABILITY The provisions of this ordinance are severable and if any�provisions of this ordinance, or �plication of anyprovision of this ordinance to anv 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.ge and of£icial publication. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 200_. SCOTT J. LLJND, MAYOR ATTEST: DEBR.A A. SKOGEN, CITY CLERK Public Hearing: December 12, 2005 First Reading: January 9, 2006 ' Second Reading: February 13, 2006 Publication: 55 : � AGENDA ITEM � CITY COUf�E:I� MEETlNG OF FEBRUARY 13, 2006 C]TY OF FRIDLEY �� - TO: William W. Bums, City Manager �'j PW06 011 � _ FROM: Jon li. fiaukaas, Public Works Director DATE: January 27, 2006 SUBJECT: Second Reading: Chapter 208 - Stormwater Management and Erosion Control Ordinance The attached ordinance is for publication in summary form of the changes to Chapter 208 on Stormwater Management and Erosion ControL As this is a rather long' chapker, a summary ordinance is used for publication to explain in general the purpose of intent of the changes and indicate where additional information can be obtained. Recommend the City Council approve the Summary Ordinance for Chapter 208. JIitl:cz 56 ORDINANCE NO. OFFICIAL TITLE AND SUMMARY I. Title An ordinance of the City of Fridley, Minnesota, Amending the Fridley City Code Pursuant to Section 3 of the Fridley City Charter, to replace Chapter 208 — Erosion Control with a new Chapter 208 — Stormwater Management and Erosion Control. II. Summary The City Council of the City of Fridley does hereby ordain as follows: That Chapter 208 — Erosion Control is hereby deleted in it entirety and replaced with a new Chapter 208 — Stormwater Management and Erosion Control. In summary, the new Chapter 208 provides specifications for the submittal of Stormwater Pollution Control Plans, controls to the rate of excess runoff, treatment of runoff, requirements for inspections during and after construction, and securities requirements for maintenance of stormwater management facitlites. III. Notice This title and Summary has been published to clearly inform the public of the intent and effect of the City of Fridley's Zoning ordinance. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Ave N.E., Fridley, MN. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13th DAY OF FEBRUARY 2006. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: � � CffY OF FRIDLEY T�: :�u DATE: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 William W. Burns, City Manager Jon Fi. Fiaukaas, Public Works Director February 7, 2006 PW06-016 SUBJECT: Summary Ordinance: TA #05-10 - Chapter 208: Stormwater Management and Erosion Control Ordinance Attached is the Summary Ordinance for publication of the new Chapter 208 entitled Stormwater Management and Erosion Control. Summary ordinances are used to notice the public of a change in the City Code as required by the City Charter and informs them of where to find the details of the ordinance. This eliminates the need to publish the ordinance in its entirety which can be extremely costly for large chapters such as this one. Recommend the City Council approve the Summary Ordinance for TA #05-10 replacing Chapter 208: Stormwater Management and Erosion Control. Jtiti:cz Attachment ORDINANCE NO. OFFICIAL TITLE AND SUMMARY I. Title An ordinance of the City of Fridley, Minnesota, Amending the Fridley City Code Pursuant to Section 3 of the Fridley City Charter, to replace Chapter 208 — Erosion Control with a new Chapter 208 — Stormwater Management and Erosion Control. II. Summary The City Council of the City of Fridley does hereby ordain as follows: That Chapter 208 — Erosion Control is hereby deleted in it entirety and replaced with a new Chapter 208 — Stormwater Management and Erosion Control. In summary, the new Chapter 208 provides specifications for the submittal of Stormwater Pollution Control Plans, controls to the rate of excess runoff, treatment of runoff, requirements for inspections during and after construction, and securities requirements for maintenance of stormwater management facitlites. III. Notice This title and Summary has been published to clearly inform the public of the intent and effect of the City of Fridley's Zoning ordinance. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Ave N.E., Fridley, MN. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13th DAY OF FEBRUARY 2006. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: DRAFT CITY OF FRIDLEY PLANNING COMMISSION MEETING JAN UARY 4TH, 2006 CALL TO ORDER: Chairperson Savage called the regular meeting of the Planning Commission to order at 7:30 p.m. ROLL CALL: Members Present: Brad Dunham, Leroy Oquist, Dean Saba, Diane Savage, David Kondrick, Larry Kuechle, Barbara Johns Others Present: Stacy Stromberg, City Planner Brother Milton Barker, Totino Grace High School Steve Maurelli, RSP Architects APPROVE HRA COMMISSION MEETING MINUTES - December 21, 2005. MOTION by Commissioner Kuechle, seconded by Commissioner Johns, to approve the minutes as presented. UPON UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to open the public hearing. UPON UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:35 P.M. 1. Consideration of a Special Use Permit SP#06-01, bv RSP Architects, for Totino Grace Hiph School, to allow an eacistinp private school to exist as a special use in an R-1, sinple familv zoninp district, aenerallv located at 1350 Gardena Avenue. Ms. Stromberg, City Planner, presented a request from Mr. Maurelli of RSP Architects, who is representing Totino Grace High School, who is seeking a special use permit to allow an existing private school to exist as a special use in an R-1, Single Family zoning district, located at 1350 Gardena Avenue. Ms. Stromberg reviewed that the existing private school has been in e�cistence in this location since the school was constructed in 1965. However, a special use permit has never been obtained for the school. This special use permit request is coming to us at this time because the school is seeking a variance and building permit to renovate the school auditorium. Ms. Stromberg stated that the school was constructed in 1965, with an addition constructed in 1977. Totino Grace is a co-educational Catholic high school, which provides education to approximately 1,020 children in grades 9-12. In 2003, the City Council approved a variance request, by Totino Grace High School, to reduce the width of parking stalls from 10 ft. to 9 ft. to Planning Commission January 4, 2006 Page 4 of 4 allow an expansion of a parking lot. This increased the parking lot by 70 parking stalls. In 1999, a special use permit was issued for the properry to allow the school to upgrade the existing track and field facility. Although a special use permit was approved at this time, it was for the track and field facility only and not the school as a whole. Ms. Stromberg stated that private schools are permitted special use in the R-1, Single Family zoning district, provided that the proposed expansion complies with the requirements for the special use permit, subject to the stipulations suggested by staff. Totino Grace has existed on this site since 1965; however, the special use permit has never been obtained for the school. Therefore, the petitioner is seeking this special use permit. Ms. Stromberg stated that currently the property complies with all setback and lot coverage requirements. In addition to this special use permit request, the petitioner is also seeking a variance to increase the height of the existing auditorium. The auditorium is located approximately in the center of the existing school building. City Code requires a 30 ft. maximum height in the R-1, Single Family zoning district and the petitioner is seeking to increase that height requirement to 48 ft. only in the location of the auditorium within the school building. Ms. Stromberg said that this variance will allow the renovation of the school auditorium, by increasing the height and increasing the number of seats. However, the building footprint will not change. The reason for the height increase is to create a functional theatre in which theatrical, choral, or orchestral productions can be better produced. By increasing the height of the space in the theater, the theatre will better be able to accommodate production catwalks, increase the proscenium opening and allow a fly loft over the stage, all of which will better service the school and their productions. The reason the number of seats will increase within the auditorium is because the fly loft will allow a more efficient type of storage system, which will in turn allow the existing stage to be reduced in size. This variance request will go before the Appeals Commission on January 11, 2006. Ms. Stromberg stated currently Totino Grace parking lot holds 366 parking stalls which fall short of building code by 8 stalls. If this auditorium space is increased, Totino Grace will need to bring their parking lot in compliance with city code. Ms. Stromberg stated that City Staff recommends approval of this special use permit request as private schools are permitted special use in the R-1, Single-Family zoning district, subject to the following stipulations. 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, fire, and ADA requirements. 3. The subject property shall be maintained free of any and all construction debris. 4. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 5. The addition shall be architecturally compatible with the existing building and finished with complementary e�erior building materials and color scheme. 6. At the time the square footage fo any of the school buildings are expanded, teh property shall come into compliance with all parking code requirements. Ms. Stromberg stated that the City has received three resident calls regarding this issue. One had no concerns, one had parking concerns and one was supportive of the school and the special use permit/project. Commissioner Savage asked for clarification that this special use permit is needed because of the variance. Ms. Stromberg stated that yes, if special use permit request is coming to us as a result of the Planning Commission January 4, 2006 Page4of4 auditorium renovation and subsequent variance request. When the special use permit was granted in 1999, it was for the track and field project only and not for the entire school. Therefore, a new special use permit is needed at this time. Commissioner Oquist asked if this special use permit needed the presenting stipulations or if the stipulations were only revelant to the variance request. Ms. Stromberg replied that the City can put stipulations on any land use item and that City Staff routinely applies the same stipulations to all land use requests by a given petitioner to remain consistent. Commissioner Kondrick, questioned the second stipulation regarding meeting all building, fire and ADA requirements and if the school currently met this stipulation. Ms. Stromberg stated that the new auditorium will need to meet all building, fire and ADA requirements. When we have a request like this we routinely make sure that the parking lot is also checked for ADA compliance, however, she was unsure if the other areas of the school currently meet building, fire and ADA requirements. Mr. Maurelli, of RSP Architects, stated he had nothing to add to the presentation. Commissioner Savage questioned if Mr. Maurelli had any problems with the stipulations. Mr. Maurelli stated that he did not have any problems with the stipulations. Commissioner Kuechle asked if Mr. Maurelli could clarify stipulation number two and if he was aware if the school met building code requirements. Mr. Maurelli stated that he has not looked at the entire building. He is aware that currently the auditorium does not meet ADA requirements but will after renovation. As they renovate the school, they are bringing the areas into compliance. Mr. Maurelli is assuming that he does not need to bring the entire 140,000 square feet building up to ADA requirements and that this stipulation would just apply the auditorium area. Ms. Stromberg stated that this stipulation is specific for the auditorium, however the parking will be checked and any other areas the building official or fire marshal would like to inspect. Mr. Maurelli has spoke to the fire marshal regarding installing a sprinkler system in the school and auditorium. Brother Milton Barker, of Totino Grace High School, stated that he was surprised a special use permit was needed for this renovation as they have been in compliance for over 40 years and have completed several projects in the last 10 years. To his knowledge, the last renovation of classrooms, office space and library were all in compliance of the ADA requirements. Three years ago when Totino Grace revamped the parking lot area it was also brought to ADA code as well. MOTION by Commissioner Kuechle, seconded by Commissioner Saba, to close the public hearing. UPON UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:48 P.M. Commissioner Oquist was also surprised that no special use permit was needed in the past for renovations and that maybe it was an oversight. Planning Commission January 4, 2006 Page4of4 Commissioner Johns suggested that stipulation number two regarding ADA requirements only apply to the auditorium and not the entire school. Commissioner Kondrick concurred and was pleased to hear that Totino Grace has been bringing the building up to code requirements as they renovate. Commissioner Dunham stated that he is a neighbor of Totino Grace and they have been a great neighbor and have a very nice facility. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to approve the Special Use Permit SP #06-01, by RSP Architects, for Totino Grace High School, to allow an existing private school to exist as a special use in an R-1, single family zoning district, generally located at 1350 Gardena Avenue, with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, fire, and ADA requirements. 3. The subject property shall be maintained free of any and all construction debris. 4. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 5. The addition shall be architecturally compatible with the existing building and finished with complementary e�erior building materials and color scheme. 6. At the time the square footage fo any of the school buildings are expanded, teh property shall come into compliance with all parking code requirements. UPON UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED TO APPROVE SPECIAL USE PERMIT SP #06-01. This item will be brought to the City Council on January 23rd, 2006 at 7:30 p.m. 2. Receive the minutes of the December 13, Environmental Oualitv and Enerpv Commission Meetinp. MOTION by Commissioner Johns, seconded by Commissioner Kuechle, to receive the minutes as presented. OTHER BUSINESS: Ms. Stromberg reminded the Planning Commission that the January 18, 2006 meeting has been cancelled and the ne� meeting will be on February 1, 2006. AD70URNMENT: MOTION by Commissioner Oquist, seconded by Commissioner Johns to adjourn the meeting. UPON UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MEETING AD70URNED AT 7:50 P.M. Respectfully Submitted by, Krista Monsrud Planning Commission January 4, 2006 Recording Secretary Page4of4 DRAFT CITY OF FRIDLEY PLANNING COMMISSION February 1 st, 2006 CALL TO ORDER Chairperson Savage called the regular meeting of the Planning Committee to order at 7:30 p.m. ROLL CALL Members Present: Brad Dunham, Leroy Oquist, Dean Saba, Diane Savage, David Kondrick, Larry Kuechle, Barbara Johns Others Present: Stacy Stromberg, City Planner Gerald Pearo, Hilltop Trailer Sales Richard Pearo, Hilltop Trailer Sales APPROVE PLANNING COMMISSION MEETING MINUTES - January 4, 2006 MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS 1. Consideration of a Special Use Permit AP #06-02, by Hilltop Trailer Sales, Inc., to incorporate property located at 7730 University Avenue NE, into the existing Hilltop Trailer Sales property at 7810 University Avenue. This special use permit is a continuation of the petitioner's existinq special use permit, which allows the sellinq and displayinq of recreational vehicles, leqally described as the south 204 feet of east 200 feet of Lot 3, Block 2, East Ranch Estates Second Addition, subject to easement of record. MOTION by Commissioner Saba, seconded by Commissioner Kuechle, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHARIPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:35 P.M. Ms. Stromberg, City Planner, presented a request from petitioners Richard and Gerald Pearo of Hilltop Trailer Sales, Inc., who are seeking a special use permit to incorporate the property located at 7730 University Avenue, formerly Mask Hair Designs, to their existing Hilltop Trailer Sales property, which is located at 7810 University Avenue. This special use permit is an addendum to the petitioner's existing special use permit which allows the selling and displaying of recreational vehicles and stipulations for this special use permit will be related specifically to the subject property. Ms. Stromberg reviewed that the subject property is located on the University Avenue Planning Commission 2/1/06 Page 2 of 4 Service Road, north of Osborne Road and is zoned C-2, General Business. The 4,100 square foot building was originally constructed in 1973 as a pancake house. Most recently the building has been used as Mask Hair Designs. Hilltop Trailer Sales owns the property directly west and north of the subject property. Ms. Stromberg reported that in 1998 Hilltop Trailer Sales was granted a special use permit to allow the selling and displaying of recreational vehicles at their property, located at 7810 University Avenue. Hilltop Trailer Sales has since purchased the subject property and is seeking this special use permit to incorporate this property into their existing property and allow additional space for displaying new recreational vehicles. Ms. Stromberg stated that the selling and displaying of recreational vehicles is a permitted special use in the C-2 zoning district, subject to the stipulations suggested by Staff. According to the petitioner's, they are planning to keep the existing building intact, and plan to make outdoor improvements to the property. The outdoor improvements will include enhancements to the exterior of the building, irrigation installation, installing additional landscaping and extending the existing fence to surround the subject property. They also plan to make alterations to the inside of the building so it can be used for additional indoor showroom space. Ms. Stromberg said that City Staff has heard from one neighboring property owner who is in support of the proposed special use permit and the benefits it will provide for Hilltop Trailer Sales. No other public comments have been received. Ms. Stromberg stated that City Staff recommends approval of this special use permit request as selling and displaying of recreational vehicles is a permitted special use in the C-2, General Business zoning district, subject to stipulations. City Staff also recommends that this special use permit be granted as an addendum to Hilltop Trailers existing special use permit, which allows the selling and displaying of recreational vehicles, and that the addendum relate to the property legally described as the South 204 ft. of the East 200 ft. of Lot 3, Block 2, East Ranch Estates, Second Addition, subject to easement of record, generally located at 7730 University Avenue. Ms. Stromberg stated that City Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall obtain any required permits prior to remodel of property. 2. A 25 ft. fire lane shall remain around the existing building. 3. Recreational vehicles to be displayed for sale shall not be displayed in the front yard setback. 4. Proposed landscape plan to be reviewed and approved by City Staff prior to installation. 5. One free-standing sign shall be allowed for the two properties combined. Commissioner Kondrick questioned if this property has received any complaints from neighbors regarding too many vehicles in the front of the building or if they have been in any violation in the past. Ms. Stromberg answered that to her knowledge, Hilltop Trailer Sales has not received any complaints or had any violations in the past five years. Commissioner Kuechle questioned if there would be any advantage to combining the Planning Commission 2/1/06 lots for tax purposes. Page 3 of 4 Ms. Stromberg stated that there is no need to replat the property or combine the properties. Jerry and Dick Pearo, Hilltop Trailer Sales, stated that they have no problems with the stipulations, plan to add attractive landscaping and make the two units look like one parcel. They stated that the property will look much nicer once they complete the construction. Jerry Pearo questioned the current sign and if a new one could be larger and more centrally located. Ms. Stromberg stated that the current sign is approximately 67 square feet and City Code will allow a maximum sign an 80 square feet sign so it would be possible to have a larger sign more centrally located as long as it stayed within the city code requirements. Dick Pearo stated that Hilltop Trailer Sales plans to do a nice job on the construction and that the City will be happy with the outcome. Commissioner Kondrick questioned when the construction will be complete. Dick Pearo stated that they hope to be complete by mid June. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHARIPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:45 P.M. Commissioner Saba stated that he has no problem with this request and it will look great. Commissioner Kondrick concurred that he has no problem with the request either. Commissioner Savage is familiar with the area and agreed that it will look great. MOTION by Commissioner Saba, seconded by Commissioner Oquist to approve the Special Use Permit, SP #06-02, by Hill Top Trailer Sales, Inc., to incorporate property located at 7730 University Avenue NE, into the existing Hilltop Trailer Sales property at 7810 University Avenue. This special use permit is a continuation of the petitioner's existing special use permit, which allows the selling and displaying of recreational vehicles, legally described as the south 204 feet of east 200 feet of Lot 3, Block 2, East Ranch Estates Second Addition, subject to easement of record with the following stipulations: 1. The petitioner shall obtain any required permits prior to remodel of property. 2. A 25 ft. fire lane shall remain around the existing building. 3. Recreational vehicles to be displayed for sale shall not be displayed in the front yard setback. 4. Proposed landscape plan to be reviewed and approved by City Staff prior to Planning Commission 2/1/06 Page 4 of 4 installation. 5. One free-standing sign shall be allowed for the two properties combined. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHARIPERSON SAVAGE DECLARED THE MOTION CARRIED. THE MATTER WILL BE HEARD AT THE CITY COUNCIL MEETING ON FEBRUARY 13TH, 2006 AT 7:30 P.M. 2. Receive the minutes of the December 13, 2005, Environmental Quality and Enerqy Commission Meetinq MOTION by Commissioner Johns, seconded by Commissioner Kondrick to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes of the December 1, 2005 Housinq and Redevelopment Authority Commission Meeting. MOTION by Commissioner Oquist, seconded by Commissioner Kondrick to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the minutes of the January 11, 2006, Appeals Commission Meetinq. MOTION by Commissioner Kuechle, seconded by Commissioner Kondrick to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated that there is no other business and the next meeting will be on Wednesday February 15th, 2006. There is a master plan amendment for Medtronic to be presented. ADJOURNMENT: MOTION by Commissioner Kondrick, seconded by Commissioner Oquist, to adjourn. UPON UNANIMOUS VOICE VOTE, COMMISSIONER SAVAGE DECLARED THE MEETING ADJOURNED AT 7:50 P.M. Respectfully Submitted, Krista Monsrud � � CffY OF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 February 6, 2006 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #06-02, Hilltop Trailer Sales, Inc. M-06-30 INTRODUCTION The petitioners, Richard and Gerald Pearo of Hilltop Trailer Sales, Inc., are seeking a special use permit to allow them to incorporate the property located at 7730 University Avenue, formerly Mask Hair Designs, to their existing Hilltop Trailer Sales property, which is located at 7810 University Avenue. This special use permit is an addendum to the petitioner's existing special use permit which allows the selling and displaying of recreational vehicles and stipulations for this special use permit will be related specifically to the subject property. PLANNING COMMISSION RECOMMENDATION At the February 1, 2006, Planning Commission meeting, a public hearing was held for SP #06- 02. After a brief discussion, the Planning Commission recommended approval of SP #06-02, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The petitioner shall obtain any required permits prior to remodel of property. 2. A 25 ft. fire lane shall remain around the existing building. 3. Recreational vehicles to be displayed for sale shall not be displayed in the front yard setback. 4. Proposed landscape plan to be reviewed and approved by City staff prior to installation. 5. One free-standing sign shall be allowed for the two properties combined. City of Fridley Land Use Application SP #06-02 February 1, 2006 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Hilltop Trailer Sales, Inc. Richard and Gerald Pearo 7810 University Avenue NE Fridley MN 55432 Requested Action: Special Use Permit to allow the selling and displaying of recreational vehicles. Existing Zoning: C-2 (General Business) Location: 7730 University Avenue Size: 40,800 sq. ft. .94 acres Existing Land Use: Vacant Building (formerly Mask Hair Designs) Surrounding Land Use & Zoning: N: Hilltop Trailer Sales & C-2 E: University Avenue & ROW S: Abra Auto Body and Glass & C-2 W: Hilltop Trailer Sales & C-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.14.01.C.(3) requires a special use permit for agencies selling or displaying recreational vehicles in the C- 2 zoning district. Zoning History: 1972 — Lot platted. 1973 — Building constructed. Legal Description of Property: The South 204 ft. of the East 200 ft. of Lot 3, Block 2, East Ranch Estates, Second Addition, subject to easement of record. Public Utilities: Building is connected. Transportation: University Avenue Service Road provides access to the property. Physical Characteristics: Lot consists of the building, parking lot, and landscaped areas. SUMMARY OF PROJECT Richard and Gerald Pearo of Hilltop Trailer Sales, are seeking this special use permit to incorporate the land located at 7730 University Avenue into their existing Hilltop Trailer Sales property, located at 7810 University Avenue. This special use permit is an addendum to the petitioner's existing special use permit, which allows the selling and displaying of recreational vehicles. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit. City Staff recommends approval of this special use permit request as agencies that sell and display recreational vehicles are a permitted special use in the C-2, General Business zoning district, subject to stipulations. CITY COUNCIL ACTION/ 60 DAY DATE City Council — February 13, 2006 60 Day — February 26, 2006 Existina Buildina Staff Report Prepared by: Stacy Stromberg SP #06-02 REQUEST The petitioners, Richard and Gerald Pearo of Hilltop Trailer Sales, Inc., are seeking a special use permit to allow them to incorporate the property located at 7730 University Avenue, formerly Mask Hair Designs, to their existing Hilltop Trailers Sales property, which is located at 7810 University Avenue. This special use permit is an addendum to the petitioner's existing special use permit which allows the selling and displaying of recreational vehicles and stipulations for this special use permit will be related specifically to the subject property. HISTORY AND ANALYSIS The subject property is located on the University Avenue Service Road, north of Osborne Road and is zoned C-2, General Business. The 4,100 square foot building was originally constructed in 1973 as a pancake house. Most recently the building has been used as Mask Hair Designs. Hilltop Trailer Sales owns the property directly west and north of the subject property. In 1998, Hilltop Trailer Sales was granted a special use permit to allow the selling and displaying of recreational vehicles at their property, located at 7810 University Avenue. Hilltop Trailer Sales has since purchased the subject property and is seeking this special use permit to incorporate this property into there existing property and to allow additional space for displaying new recreational vehicles. Aerial of Property The selling and displaying of recreational vehicles is a permitted special use in the C-2 zoning district, subject to the stipulations suggested by staff. According to the petitioner's, they are planning to keep the existing building intact, and plan to make outdoor improvements to the property. The outdoor improvements will include enhancements to the exterior of the building, irrigation installation, installing additional landscaping and extending the existing ornamental fence to surround the subject property. They also plan to make alterations to the inside of the building so it can be used for additional indoor showroom space. Existing Property City staff has heard from one neighboring property owner who is in support of the proposed special use permit and the benefits it will provide for Hilltop Trailer Sales. No other public comments have been received. RECOMMENDATIONS City Staff recommends approval of this special use permit request as selling and displaying of recreational vehicles is a permitted special use in the C-2, General Business zoning district, subject to stipulations. City Staff recommends that this special use permit be granted as an addendum to Hilltop Trailers existing special use permit, which allows the selling and displaying of recreational vehicles, and that the addendum relate to the property legally described as The South 204 ft. of the East 200 ft. of Lot 3, Block 2, East Ranch Estates, Second Addition, subject to easement of record, generally located at 7730 University Avenue. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall obtain any required permits prior to remodel of property. 2. A 25 ft. fire lane shall remain around the existing building. 3. Recreational vehicles to be displayed for sale shall not be displayed in the front yard setback. 4. Proposed landscape plan to be reviewed and approved by City staff prior to installation. 5. One free-standing sign shall be allowed for the two properties combined. � AG��IDA ITEM �` C1TY COUNCIL MEETING OF FEBRUARY 13, 2006 CffY OF FRIDLEY + TO: . FROM: DATE: SUBJECT: William W. Bums, City Manager �� PW06-009 � Jon ti. tlaukaas, Public Works Director Layne Otteson, Asst Pubiic Works Director January 27, 2006 First Amendment Joint Powers Agreement for Contract Street Maintenance Work This memo approves the first amendment to the Joint Powers Agreement for street maintenance work including sealcoating, traffic markings, street sweeping, craft sealing and screening. This amendment adds the City of tiam Lake to the original group of cities, Andover, Brooklyn Center, Columbia lieights, Coon Rapids and Spring Lake Park. In 2004, several cities decided to explore the advantages of joining together for the various street maintenance projects. It was determined that a Joint Powers Agreement was beneficiat to participating cities. This group prepared a Joint Powers Agreement to combine certain bid items to reduce the number of contracts needed, pool large quantities, and achieve lower bids fi-orn contractors. All contracted work would stilf need to be budgeted and approved by the City Council as we have done in the past The agreement will allow each city to accept or not accept the bids for their portion of the proposed contract The City of Coon Rapids is the lead agency for the group of cities that are receiving bids on the various street maintenance items. The City of Fridley would be reimbursing the City of Coon Rapids for legal and administrative costs based on a percentage of actual contract cost The Joint Powers Agreement can be terminated on the part of any individual city by giving sixty (60) days notice to the other cities. Recommend the City Council approve the amended Joint Powers Agreement with the cities of Andover, Brooklyn Center, Columbia lieights, Coon Rapids, liam Lake and Spring Lake Park for contract street maintenance work. JFiti/lo:cz Attachment 71 FIRST AMENDMENT TO JOINT POWERS AGREEMENT TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREEl�TING & SEAL COATING This First Amendment to Joint Powers Agreement ("Amendment") is by and between the cities of Coon Ra.pids, Andover, Brooklyn Center, Columbia Heights, Fridley and Ham Lake - (hereinafter individually the "City" and collectively the "Cities"). WHEREAS, the cities of Coon Rapids, Andover, Brooklyn Center, Columbia Heights ; and Fridley entered into a Joint Powers Agreement pursuant to Minn. Stat. § 471.59 and dated February 1, 2005, for the purpose of combining together for bidding purposes for street maintenance services (hereinafter "Joint Powers Agreement"); WHEREAS, the city of Ham Lake wishes to join in the Joint Powers Agreement and tlie original parties to the Joint Powers Agreement wish to have Ham Lake join as well; WHEREAS, the parties wish to a11ow the efficient addition of other ci#ies in the future without the need for action from each member City's governing body; NOW, THEREFORE, by virlue of the powers granted by law and in consideration of the ' mutual covenants and agreements of the parties hereto, it is agreed as follows: 1. Definitions. All capitalized terms, not otherwise separately defined herein, shall have the meanings ascribed to them in the Joint Powers Agreement. 2. Addition of Ham Lake. As of the date hereof, Ham Lake shall become a parry to the Joint Powers Agreement and sha11 assume all the responsibilities and liabilities of the parties thereunder. 3. Future Member Cities. Section 11 of the Joint Powers'Agreement is hereby amended to allow for the addition of other member cities to the Joint Powers Agreement. In the event that Coon Rapids receives a request from another city to join the Joint Powers Agreement, ` 72 and Coan Rapids, in its sole discretion, determines that it is in the best interest of the then-current member cities to allow the new member city, Coon Rapids may amend the Joint Powers Agreement to add that new member city. The amended Joint Powers Agreement need only be executed by Coon Rapids and the new member city. No other terms of the Joint Powers Agreement may be altered or amended except by agreement in writing signed by a11 the parties thereto. Withi.n twenty (20) days of adding a new member city, Coon Ra.pids shall provide written notice of that addition to the remaining cities in the Joint Powers Agreement. 4. Full Force and Effec� Except as expressly amended by the provisions hereof, the terms and provisions contained in the Joint Powers Agreement sha11 continue to govem the rights and obligations of the parties, and the Joint Powers Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by the duly authorized officers of their respective governing bodies as of the day of , 2006. . [Signatures on following pageJ , 2 73 CITY OF COON RAPIDS By: Tim Howe, Mayor By: Gerald G. Splinter, City Manager CITY OF BROOKLYN CENTER By: Mayor By; City Manager CITY OF FRIDLEY By: Mayor By: City Manager CITY OF ANDOVER By: Mayor By: _ City Clerk CITY OF COLUMBIA HEIGHTS By: Mayor sy: _ : City Manager CITY OF HAM LAKE By: Mayor By: Its: 3 74 � JOINT POWERS AGREEMENT TRAFFIC MARHINGS, STREET 5WEEPING CRACK SEALING, SCREENING & SEAL COATING This Joint Powers Agreement ("Agreement") is by and between the cities of Coon Rapids, Andover, Brooklyn Center, Coluxnbia Heights and Fridley (hereinafter individually the "City" and collectively the "Cities"). WHEREAS, the Cities have a common need to maintain their streets; WHEREAS, the Cities have recognized that there is a financial benefit that will be realized should they combine together for bidding purposes in search of one common contractor; WHEREAS, Minn. Stat. § 471.59 provides for the joint exercise of common or similar powers by governmental units and also provides that any one governmental unit may perform on behalf of another governmental unit any service or function which that unit would be authorized to perform for itself; . NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: l. Purpose. The Cities agree that they have joined together for the purpose of obtaining a common contractor for certain street maintenance activities and with the expectation that the cost to each individual city would be less as a result of this Agreement. 2. Method. Subject to the provisions of this Agreement, Coon Rapids shall prepare any plans, specifications, bifl proposals and advertise for bids for the placement of street traffic markings, street sweeping, crack sealing, screening and seal coating services. Shortly after the execution of this Agreement, Coon Rapids will provide each City with a bid form for the various street maintenance services. Within twenty (20) days after receipt of the bid form, each City 75 shall provide to Coon Rapids their estimated quantities for the various street maintenance services anticipated during the summer construction season. A City that fails to return the bid form within twenty (20) days may be, at Coon Rapids' discretion, excluded from the bidding process. 3. Bid and Award. After receiving the bid quantities from each participating City, - Coon Rapids shall prepare fmal plans and specifications and advertise for bids in accordance . with state law. Coon Rapids shall tabulate the bids upon their receipt and make a recommendation of award to the Cities. The Cities shall have twenty (20) days after receipt of the recommendation of award to provide Coon Rapids with written approval or rejection of Coon Rapids' recommendation of award. Cities that reject or fail to respond to Coon Rapids' recommendation shall be excluded from the bid award. After receiving the approvals described herein, Coon Rapids shall award the street maintenance contracts pursuant to state law. 4. Opting Out. The parties hereto recognize that municipal funding sources and' spending priorities may change throughout the bidding and award process. In recognition thereof, within sixty (60) days after a bid has been awarded, a City may opt out of any individua.l bid award and contract by providing written notice to the Director of Public Works, City of Coon Rapids, 11155 Robinson Drive, Coon Rapids, Minnesota 55433. 5. Responsibilities. Each City shall be responsible for: • Preparing maps showing the proposed locations for these services located within their City including estimating the quantities. • Preparing the streets for markings in accordance with the specifications and coordinating with the contractors as to the timing of the actual work. 2 76 • Inspecting the contractors' work, measuring the quantities of work performed, approving and certifying the progress or final payments to contractors. d a a • ' nine 90 da s of written notification of a contract awar , p ying Witlun tY � ) Y percentage of each City's actual construction cost to Coon Rapids for legal and administrative costs on a sliding scale basis as follows: - Fit'st $0 - $50,000 2.0% $50,001 to $100,000 1.5% Over $100,000 1.0% 6. Payments. In accordance with the specifications, each contractor will submit a separate itemized invoice to each City for the work performed in that City. Each City sha11 pay invoiced amounts directly to the contractors and shall hold harmless Coon Rapids from any amounts owed. . 7. Indemnification. The parties mutually agree to indemnify and hold each other hannless from all claims, demands, and causes of action of any kind of character, including the cost of defense thereof, resulting from the acts or omissions of their respective councilmembers, officers, officials, agents and employees relating to activities conducted under this Agreement. 8. Termination. Any party hereto may terminate its participation in this Agreement by adopting a resolution to that effect prior to February l st of any year and transmitting a copy of that resolution to each of the remaining cities. In lieu of termination, a city may choose not to participate in all or a portion of the program in any year by not responding to any of the deadlines " set forth in this Agreement or by opting out as provided in Section 4 herein. - 9. Strict Accountability. A strict accounting shall be made of all funds, and reports of all receipts and disbursements shall be made upon request by any party hereta 3 %7 10. Representations. Each of the Cities represent that its governing body has duly authorized the execution and delivery hereof, and that upon such execution and delivery, this Agreement will be binding as against such party. 11. Miscellaneous. This Agreement constitutes the entire agreement of the parties on the matter related hereta This Agreement shall not be altered or amended, except by agreement - in writing signed by the parties hereta If any provision of this Agreement shall be held invalid, , illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. Th.is Agreement may be simultaneously executed in several counter parts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed in accordance with the laws of the State of Minnesota. . 12. No Joint Venture. This Agreement is entered into for the purpose of joint solicitation ofbids and not for a joint undertaking of street maintenance projects. Street projects are not joint ventures of the parties and no City is liable or responsible for any claims for damages arising out of any such projects in another City. [Signatures on following pageJ 4 78 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the duly authorized officers of their respective governing bodies as of the %�' day of February, 2005. � CITY OF COON RAPIDS _ .� By: Tim How�, Mayor By; v Gera . Splinter, City Manager CITY OF BROOKLYN CENTER : By: � �'(i`>"(�t City Manager CITY OF FRIDLEY By By City Manager CITY OF ANDOVER By: !-� ��-� ayor By: l�� v.►.�i City Clerk CITY OF CO UMBIA I TS . �..�-� Mayar T--- � /e;�-�'�e�-: 5 79 E ` CffY OF FRIDLEY AGENDA ITEM CITY COU�ICIL MEETING OF FEBRUARY 13, 2006 TO: William W. Burns, City Manager �I� ` � pw06-Oi7 FROM: Jon F1. aukaas, Public Works Director - DATE: February 8, 2006 SUBJECT: Award of Bid for Paver The 2006 Capital Equipment budget included �120,000 for a new powered asphait paving machine and trailer. The trailer was availabie off the state contract and will be purchased for approximately �16,Q00. These pavers were not included on the state contract bid list this year and therefore, we had to advertise for it ourselves. Three bids were received with a low bid coming fi-om Ruffridge-Johnson Equipment Company of Minneapolis in the amount of �96,�80 ' plus tax. Recommend the City Council accept the bids and award the purchase of a new Gilcrest Model 813RT Self Propelled Track Paver including options to Rufiridge-Johnson Equipment Co., Inc. Of Minneapolis, MI`I. JFili:cz 8� ASPHALT PAVING MACHINE AND TRAILER Bidder Amount Ruffridge-Johnson $ 96,480 EMC Corporation $102,900 Great West Equipment $105,900 � � CffY OF FRIDLEY TO: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 William W. Burns, City Manager Jon Fi. Fiaukaas, Public Works Director February 8, 2006 � �• � i SUBJECT: Award of Locke Park Water Treatment Plant Improvement Project Bids were opened at 2:00 pm on Tuesday, February 7, 2006, for improvements to the Locke Park Water Treatment Plant. These improvements include replacing the roof and concrete facade, cleaning and repairing the brick work and modifications to the flooring. There is �200,000 budgeted in the 2006 Capital Improvement Plan and included in the last bond sale. Bonestroo, Rosene, Anderlik and Associates is our consultant for design and contract administration. Design fees totaled �10,100. The low bid was from Maertens-Brenny Construction Company in the amount of �ll6,725. Recommend the City Council accept the bids and award the contract for the Locke Park Water Treatment Plant Improvement Project to Maertens-Brenny Construction Company in the amount of �ll6,725. BID FOR PROPOSALS LOCKE PARK WATER TREATMENT PLANT IMPROVEMENTS PROJECT NO. 364 TUESDAY, FEBRUARY 7, 2006, 2:00 P.M. PLAI`{[14LDER '�� '� BID '�� Maertens Brenny Construction Company � ll6,725.00 Cobra Construction Inc. � 122,598.00 Meisinger Construction � 134,000.00 Ebert Construction � 138,100.00 Gladstone � 148,139.00 RAM � 153,800.00 � � CffY OF FRIDLEY T�: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 William W. Bums, City Manager Jon Fi. Fiaukaas, Public Works Director Layne Otteson, Asst Public Works Director January 27, 2006 Miscellaneous Concrete Repair Project I`lo. 365 PW06-010 Attached is a resolution ordering advertisement for bids for the 2006 Miscellaneous Concrete Repair Project I`io. 365. This resolution is provided for execution by the City as mandated by State law. This project covers remedial sidewalk, pavement and curb repair and replacement in the City whether due to utility repairs or driveway entrance permits. Recommend the City Council adopt the attached resolution ordering advertisement for bid for the 2006 Miscellaneous Concrete Repair Project I`lo. 365. Jtiti:cz Attachment RESOLUTION NO. 2006 - RESOLUTION ORDERING ADVERTISEMENT FOR BIDS: 2006 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 365 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the following improvements proposed by Council Resolutions are hereby ordered to be effected and completed as required: Miscellaneous Concrete Repair. 2. The plans and specifications prepared by the Director of Public Works for such improvements are hereby approved and shall be filed with the City Clerk. The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisements hall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that the bids will be opened and considered at 10:00 AM WEDNESDAY, March 15, 2006L and that no bids will be considered unless sealed and filed with the Director of Public Works. That the advertisement for bids for 2006 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 365 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF FEBRUARY 2006. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK � � CffY OF FRIDLEI' To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant January 26, 2006 Modifications to the 2005 Budget Attached you will find a resolution amending appropriations to the 2005 budget in accordance with the City Charter. The adjustments listed have arisen as a result various donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjustments through the Budget Reappropriation form. We request that the Council approve the amendment of the attached budgets. Resolution No. 2006 - A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2005 BUDGET FOR OCTOBER THRU DECEMBER, 2005 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2005. NOW, THEREFORE, BE IT RESOLVED that the following funds will be amended as follows: REVENUE ADJUSTMENTS Reserve-Other Services & Charges Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Recreation-Donation Police-Reimbursement Fire-Reimbursement Fire -Donation Recreation-Donation Recreation-Donation APPROPRIATION ADJUSTMENTS HR-Other Services & Charges Police-Other Services & Charges Police-Personal Services Police-Operaring Supplies Police-Personal Services Police-Other Services & Charges Police-Other Services & Charges Police-Operaring Supplies Police-Personal Services Fire-Personal Services Fire-Personal Services Fire-Personal Services Fire-Personal Services Fire-Personal Services Fire-Personal Services Fire-Personal Services Fire-Other Services & Cl�arges Fire-Operating Supplies Recreation-Operating Supplies Recreation-Operaring Supplies GENERAL FUND 11,531 600 700 925 3,143 3,945 4,424 3,516 1,125 300 500 30,709 11,531 600 700 925 3,143 112 108 3,725 4,424 1,210 1,622 40 98 100 49 148 249 1,125 300 500 30,709 To HR for Comp Study Consultant Detox Transport Safe & Sober Carseat Clinic Drug Task Force Various Donations Various Reimbursemets CAT Team Sam's Club H.B. Fuller Spring Lake Park Lions From Reserve for Comp Study Consultant Detox Transport Safe & Sober Carseat Clinic Drug Task Force Safety Camp Safety Camp Safety Camp Police Security CAT-Chemical Assessment Team CAT-Chemical Assessment Team CAT-Chemical Assessment Team CAT-Chemical Assessment Team CAT-Chemical Assessment Team CAT-Chemical Assessment Team CAT-Chemical Assessment Team CAT-Chemical Assessment Team Safe Neighborhood Heroes Sewing Machine Wireless Headset System Resolution No. 2006- SPRINGBROOK NATURE CENTER FUND REVENUE ADJUSTMENTS Donations 280 Various 280 APPROPRIATION ADJUSTMENTS Operaring Supplies 280 SK/lOK Race 280 Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13th DAY OF FEBUARY, 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIdLEY T0: FROM: I� AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR MIKE JEZIORSKI, HRA ACCOUNTANT AMENDING RESOLUTION AUTHORIZING EXECUTION OF A TAX INCREMENT PLEDGE AGREEMENT DATE: February 8, 2006 Attached you will find a resolution that was prepared by Mary Ippel from the firm of Briggs and Morgan. This action will remove Tax Increment District #6 from the Pledge Agreement that was executed in conjunction with the 2005B Bonds. As Staff was reviewing the transcript of proceedings for the 2005 Bond this past fall, we noticed that Tax Increment District #6 had been mistakenly included as one of the TIF Districts that had been pledged as tax increment. You may recall that TIF District #6 was fully pledged to the Lake Pointe District and should not have been used in conjunction with the repayment of the 2005 Bonds. The resolution correctly removes TIF District #6 from the revenue pledge. The Fridley Housing and Redevelopment Authority reviewed and passed a similar resolution at their meeting of February 2, 2006. Staff recommends approving this resolution. RDP/me Attachment RESOLUTION NO. , 2006 RESOLUTION AMENDING THE RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,645,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2005B AND PLEDGING FOR THE SECURITY THEREOF TAX INCREMENTS WHEREAS, by resolution duly adopted by the City Council on May 23, 2005 (the "Bond Resolution"), the City Council of the City of Fridley, Minnesota (the "City"), issued $4,645,000 General Obligation Tax Increment Refunding Bonds, Series 2005B, dated June 15, 2005 (the "Bonds") to refund, on August 1, 2005, $4,625,000 aggregate principal amount of the City's General Obligation Tax Increment Refunding Bonds, Series 1997A, dated June 1, 1997; and WHEREAS, the Bond Resolution incorrectly pledged to the payment of the Bonds the tax increments received from Tax Increment Financing District No. 6, heretofore created by the Housing and Redevelopment Authority of the City of Fridley, Minnesota (the "Authority"), within Redevelopment Proj ect No. 1; and WHEREAS, the City Council hereby determines that the Bond Resolution must be amended to correctly identify the source of the tax increments which are pledged to the payment of the Bonds, such tax increments specifically being tax increments derived from Tax Increment Financing Districts 1, 2 and 3; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota, as follows: WHEREAS, Clause B of the Bond Resolution is amended to read as follows: WHEREAS, the Authority has also heretofore created Tax Increment Financing Districts Nos. 1, 2 and 3 within the Proj ect Area (the "Tax Increment District") under the provisions of Minnesota Statutes, Sections 469.174 through 469.1799 and has approved a tax increment financing plan and amendments (the "Plan") with respect to the Tax Increment District; and The Mayor and City Manager are hereby authorized to execute the Amended Tax Increment Pledge Agreement in substantially the form presented to the City Council, which Amended Tax Increment Pledge Agreement correctly pledges Tax Increments derived from Tax Increment Financing Districts 1, 2 and 3 to the payment of the Bonds. The Authority will also adopt a resolution authorizing execution of the Amended Tax Increment Pledge Agreement. The City shall take such action as it determines is necessary to assure that the covenants of the Authority in the Amended Tax Increment Pledge Agreement are fully and promptly performed; provided that in the exercise of any rights with respect thereto, the City shall be subj ect to the same standards and to the same rights applicable to the Authority under the covenants as if the City were the Authority. The Clerk is hereby directed to file a certified copy of this resolution and the Amended Tax Increment Pledge Agreement with the Office of Anoka County Property Records and Taxation (the "County"), together with such other information as the County shall require, and to obtain from the County the certificate that this Resolution and the Amended Tax Increment Pledge Agreement have been filed with the County. Except as hereby amended, all other terms and conditions of the Bond Resolution shall remain in full force and effect. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF FEBRUARY, 2006 SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK � � CffY OF FRIDLEI' Name Travis Volk AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 Position Patrol Officer Non-exempt Appointment Starting Salary $22.73 per hour (2006 contract) Starting Date Feb. 14, 2006 Replaces Joseph Gerhard � AGENDA ITEM COUNCIL MEETING OF FEBRUARY 13, 2006 CffY OF FRIDLEI' CLAIMS 125247 - 125531 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 LICENSES Tvpe of License � Approved Bv L/QUOR MANAGER/AL-LAWFUL GAMBL/NG ENDORSEMENT ENTERTA/NMENT — FOOD — TOBACCO The Main Event Michael White 7820 University Av NE Fridley, MN 55432 LAWFUL GAMBL/NG Totino Grace Parents Org 1350 Gardena Av. Fridley, MN 55432 Julie Michels Public Safety Director Building Inspector Fire Marshall Public Safety Director City Clerk A UCT/ON Totino Grace High School Greg Balego Public Safety Director 1350 Gardena Av NE Fridley, MN 55432 TEMPOR.4RY /NTOX/CA T/NG L/QUOR Totino Grace High School Brother Milton Barker Public Safety Director 1350 Gardena Av N E Fridley, MN 55432 (April 29 & November 18, 2006) FOOD, TOBACCO, GASOL/NE Super Stop Raees Chohan 5230 3rd St N E Fridley, MN 55432 TREE REMOVAL SERV/CE Pioneer Tree & Landscape John Wimmer 32294 93rd St Pierz, MN 56364 L/VESTOCK Xiong Zheng 1632 Rice Creek Rd. Fridley, MN 55432 Public Safety Director Fire Inspector Community Dev Director Public Works Director Code Enforcement Off Building Inspection Off � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 LICENSES Contractor T e A licant A roved B Amcon Construction Company LLC Commercial/S ecialt Dennis Cornelius Ron Julkowski BEI Exterior Maintenance Corp Commercial/Specialty David Burris Ron Julkowski Cave & Associates, LTD Commercial/S ecialt Crai Ankrum Ron Julkowski Fastsi ns, Blaine Si n Ken Grandal Ron Julkowski Four Seasons Construction Inc Commercial/Specialty Leonard Okronglis Ron Julkowski Gene's Water & Sewer Excavating Craig Peterson Ron Julkowski Gilbert Mechanical Heatin /Gas John T. Gorman Ron Julkowski Home Ener Center Heatin Diane Me er Ron Julkowski John P. Schmitz Construction Co Excavating John P. Schmitz Ron Julkowski Krinkie Heating & A/C Heating Bruce Krinkie Ron Julkowski Northeast Commercial Services Commercial/Specialty James Grawbowski Ron Julkowski � � CffY OF FRIQLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 13, 2006 RENTAL PROPERTY LICENSES 7301 Able St. NE 7553-55 Able St. NE 7579-81 Able St. NE 6301 3rd St. NE 6156-84 5�' St. NE 360-62 57�' PL 105 71'/z Way NE 450 75�' Ave. NE 6600-04 Central Ave NE 1249 Hillwind Rd. NE 945 Mississippi St. NE 5650-60 Polk St. NE 7349-51 University Ave. NE 7513-15 Able St. NE 7565-67 Able St. NE 7595-97 Able St. NE 5410 5�' St. NE 5430 7�' St. NE 110 61st St. NE 371 74�' St. NE 476 75�' Ave. NE 5850 Hackman Ave. NE 6330 Jefferson St. NE 953 Mississippi St. NE 6111 Star Lane NE � � CffY OF FRIDLEI' To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF February 13, 2006 William W. Burns, City Manager Don Abbott, Director of Public Safety Bob Rewitzer, Captain February 9, 2006 1ST READING OF AN ORDINANCE AMENDING CHAPTER 101 OF THE FRIDLEY CITY CODE ALLOWING WILDLIFE CONTROL MEASURES Fridley City Code, Chapter 101, presently makes it unlawful to hunt, take, shoot, trap, or kill any wild animal or bird. An exception permits eradication of rodents. In past cases where nuisance deer reduction was desired, at the Minneapolis Water Works for example, Council has had to authorize a temporary variance from City Code through a resolution. In the interest of providing a more streamlined process for addressing future deer reduction requests, as well as handling potential concerns involving nuisance populations of Canada geese or other animals, language has been added to Section 101.02 authorizing a permit process for the taking of nuisance wild animals and birds. Applicants will be required to 1) secure appropriate permits from the Minnesota Department of Natural Resources as well as any federal agency having regulatory authority; 2) provide an indemnification agreement; and 3) submit a wildlife control plan including at a minimum, a site plan, description and number of the species to be taken, method of taking and disposal, identification of persons involved, and the plan for securing the location. The Public Safety Director or designee will be vested with authority to approve, modify, or deny the plan, taking into account public health, safety and welfare. The amendment further prohibits persons from disrupting wildlife control programs. Additional language was added to section 102.02 that permits Nature Center staff, the Animal Control Officer and officers of the Fridley Police Department to trap, immobilize or kill a wild animal or bird for reasons of public safety or for reasons of humane destruction following injury. Staff believes that these are reasonable regulations to control the taking of wild animals and birds. Staff recommends a first reading of this ordinance. ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 101 ANIMAL CONTROL PERTAINING TO WILD ANIMALS AND BIRDS 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: That Chapter 101 of the Fridley City Code be hereby amended as follows: CHAPTER 101. ANIMAL CONTROL 101.02. WILD ANIMALS AND BIRDS 1. Takin� Wild Animals and Birds. Except as provided in Section 101.02.2 re a� rdin� nuisance wildlife control measures, it shall be unlawful for any person to hunt, take, shoot, trap, kill, injure or attempt to injure any wild animal or bird within the City of Fridley by use of a firearm, bow and arrow, trap, poison or any other means. �''�� °�r�'��'��*� �� Nothin� in this section, however, shall � prevent property owners or their agents from eradicating rodents on their property through the use of traps, poisons or other such lawful means, nor shall it prevent Nature Center staff, the Animal Control Officer or officers of the Fridley Police Department from tra�pin�, immobilizin� or killin� a wild animal or bird for reasons of public safety or for reasons of humane destruction followin� injur� 2. Nuisance Wildlife Control Measures. A. It shall be unlawful to hunt, take, shoot, trap, or kill any wild animal or bird within the City of Fridley without first havin� obtained a temporary nuisance wildlife control permit from the Citv. No permit shall be issued except upon the review and a�proval of a nuisance wildlife control plan and then onlv under the followin� conditions: � A special permit, authorizin� wild animal or bird removal, shall first be secured from the Minnesota Department of Natural Resources and any federal a�ency mandated to re�ulate the takin� of the species to be removed as ma. b�quired. � An indemnification a�reement shall be submitted holdin� harmless the City of Fridley from any suits arisin� from any dama�es resultin� from the nuisance wildlife control pro r� am. B. In addition to anv other requirements as mav be deemed necessarv, the nuisance wildlife control blan shall at a minimum: � Include a site plan of the propert�pon which nuisance wild animals or birds are to be taken; � Identif t�pecies and number of wild animals or birds to be taken and the method of disposal; � Describe the proposed manner of takin� and incorporate appropriate safetv standards as identified bv the Minnesota Department of Natural Resources and public safety officials; � Provide complete identification, credentials and qualifications of all person involved in the takin�; � Identify the measures to be used to secure the propert. f�public intrusion durin� any takin�. C. The Director of Public Safetv or desi�nee has the authoritv to approve, modify or deny a nuisance wildlife control plan, takin� into account the health, safetv and welfare of the public. D. No person shall intentionall.�pt a nuisance wildlife control pro�ram conducted pursuant to this section by any means includin� but not limited to the use of noise. li�hts. chemicals. or bv the intrusion into a restricted area where a nuisance wildlife control pro�ram is takin� place. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: Second Reading: Publication: ORDINANCE NO 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: AN ORDINANCE AMENDING CHAPTER 131. FIRE DEPARTMENT SERVICE CHARGES AS IT PERTAINS TO INVOICING MOTOR VEHICLE OWNERS That Chapter 131 of the Fridley City Code be hereby amended to read as follows: 131.04 EMERGENCY RESPONSE SERVICE CHARGES 1. The collection service charges shall be as authorized in Minnesota Statute 366.011. 2. Collection of unpaid service charges shall be as authorized in Minnesota Statute 366.012. 3. The service charges shall be as follows: A. Vehicle Accident 1.) Any incident response to an accident involving a motor vehicle where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the patients. This would include but not be limited to: • Extrication • Medical Care • Absorbing Liquid Spills • Vehicle System Safety • Vehicle Stabilization 2.) An invoice for $400 will be sent to the motor vehicle owner or owner's insurance company, e� In the event the owner cannot provide insurance information and is char�ed for the offense, the City shall collect the fee through the criminal process as defined in the Minnesota State Statutes. 3.) If there is more than one motor vehicle involved for which fire department service is provided, each motor vehicle owner or insurer will be invoiced an equal share of the $400 service charge. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk First Reading: Second Reading: Publicarion: � � AGENDA ITEM ��F CITY COUNCIL MEETING OF FEBRUARY 13, 2006 FRIDLEI' INFORMAL STATUS REPORTS