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11-22-2021 CITY COUNCIL MEETING November 22, 2021 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, program, 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 d any interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at (763) 572-3500. (TTD/763-572-3534). AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE PROCLAMATIONS/PRESENTATIONS APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES 1.Approve the Minutes from the City Council Meeting of November 8, 2021 OLD BUSINESS 2.Ordinance No. 1396, Amending the Fridley City Code Chapter 214, Signs (Second Reading) 3.Ordinance No. 1397, Amending the Fridley City Code Chapter 11, Fees, Amending Fees Charged for Signs and/or Billboards (Second Reading) NEW BUSINESS 4.Resolution No. 2021-114, Approving Agreement for Energy Assistance Program with Minnesota Department of Commerce 5.Resolution No. 2021-116, Approving Gifts, Donations and Sponsorships Received Between October 16, 2021 and November 12, 2021 CLAIMS 6.Resolution No. 2021-118, Approving Claims for the Period Ending November 17, 2021 ADOPTION OF REGULAR AGENDA 2 City Council Meeting 11/22/2021 Agenda Page 2 OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. REGULAR AGENDA ITEMS NEW BUSINESS 7. Resolution No. 2021-115, Cancelling an Interfund Loan in the Amount of $840,000 for the 53rd Avenue Lift Station Improvement Project 8. Resolution No. 2021-117, Approving Proposed 2022 Rates and Fees for the Public Utilities and Solid Waste Abatement INFORMAL STATUS REPORTS ADJOURN 3 Jufn!2/ AGENDA REPORT Meeting Date: November 22, 2021 Meeting Type:City Council Submitted By: Roberta S. Collins, Assistant to the City Manager Title Approve the Minutes from the City Council Meeting of November 8, 2021 Background Attached are the minutes from the City Council meeting of November 8, 2021. Financial Impact None. Recommendation Approve the minutes from the City Council meeting of November 8, 2021. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Meeting of November 8, 2021 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!2/ CITY COUNCIL MEETING November 8, 2021 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. MINUTES CALL TO ORDER Mayor Lund called the City Council Meeting of November 8, 2021, to order at 7:00 p.m. PRESENT Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Stephen Eggert Councilmember Ann Bolkcom Walter Wysopal, City Manager Scott Hickok Community Development Director Jim Kosluchar, Public Works Director Stacy Stromberg, Planning Manager Korrie Johnson, Assistant Finance Director Andrew Biggerstaff, City Attorney PLEDGE OF ALLEGIANCE PROCLAMATIONS/PRESENTATIONS Њ͵Proclamation for Nathan Brewer Day Saturday, November 13, 2021. APPROVAL OF PROPOSED CONSENT AGENDA Motion made by Councilmember Tillberryto approve the Consent Agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES 2.Approve the Minutes from the City Council Meeting of October 25, 2021. 3.Receive the Minutes from the Planning Commission Meeting of October 20, 2021. 5 Jufn!2/ City Council Meeting 11/08/2021 Minutes Page 2 NEW BUSINESS 4. Resolution No. 2021-110, Approving a Sanitary Sewer and Water Services Agreement with the City of Mounds View for Belden River View. 5. Resolution No. 2021111, Receiving Feasibility Report and Calling for a Public Hearing for 2021 Street Rehabilitation Project No. ST2021-01. 6. Resolution No. 2021-112, Approving Application to Enter into Funding Agreement with the Department of Employment and Economic Development (DEED) for Grant Assistance for the Willows Bend Senior Housing Redevelopment, 6455 University Avenue N.E., Fridley, Minnesota, Anoka County. CLAIMS 7. Resolution No. 2021-113, Approving Claims for the Period Ending November 3, 2021. ADOPTION OF REGULAR AGENDA Motion made by Councilmember Ostwald to adopt the Agenda as presented, Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. No one from the audience spoke. REGULAR AGENDA ITEMS NEW BUSINESS 8. Ordinance No. 1396, Amending the Fridley City Code Chapter 214, Signs (First Reading). Stacy Stromberg, Planning Manager, stated they decided to update the sign ordinance considering the recent Supreme Court decision to remove content-based regulations, incorporate a allowing noncommercial speech on any signs where commercial speech is allowed, make minor changes to ordinance administration by removing annual limit for temporary sign permits, and modify the approval process for Comp Sign Plans to staff approved. The content-based sign restrictions are based on the type or purpose of the sign like rummage/garage sale sign, real estate sign or construction. The content neutral signs include the time, place and manner restrictions like placement of sign, materials and construction, and permanent vs. temporary. Previously real estate signs were a temporary sign erected for the purpose of selling, leasing or promoting real estate. Open house signs are allowed only during the day of the open house. Revised real estate signs are allowed as temporary signs or static display area signage. One temporary sign of up to 6 square 6 Jufn!2/ City Council Meeting 11/08/2021 Minutes Page 3 feet is allowed per street frontage without a permit in SF residential districts. One static display area sign up to 48 square feet per street frontage is allowed for MF, commercial or industrial districts. Previously rummage/garage sale signs were a temporary sign which advertise or direct the public to the sale of used merchandise. They were allowed in all districts without a permit with a maximum size of 3 square feet in area and were to be removed within three days following the sale. The revised garage sale sign is allowed as a temporary sign. One temporary sign of up to 6 square feet is allowed per street frontage, without a permit in residential districts. Previously, temporary commercial signs could be displayed for a period of 14 days after a permit was issued by the City. The number of permits issued per year for single or multiple use buildings/shopping centers are based upon the number of businesses within said building as follows: Businesses Permits Allowed 1-5 2 6-10 4 11-15 6 16+ 9 The revised temporary commercial signs shall be limited to one sign per street frontage in all nonresidential districts, except properties with more than 100 linear feet of street frontage may have two temporary signs. A temporary sign permit shall be valid for the time period stated on the approved permit. There is no limit on the number of temporary sign permits allowed per year. es a use The Planning Commission held a public hearing on October 20, 2021. The notice was published in the Star Tribune on October 8, 2021. No comments were received from the public. Following discussion, the Commission recommended allowing two temporary signs at a time for Commercial/Industrial with 100 plus feet of street frontage. The Planning Commission unanimously recommended approval of TA #21- 04 with suggested modification. Staff recommend concurrence with the Planning Commission to approve the first reading and approve the summary publication. Unless otherwise directed the second reading is nd scheduled for November 22. Councilmember Tillberry asked about garage sale signs if they were allowed around neighborhoods. Ms. Stromberg replied that city code prohibits any signs in the public right of way in the existing and new code. 7 Jufn!2/ City Council Meeting 11/08/2021 Minutes Page 4 Councilmember Tillberry noted that are a lot of garage sale signs Mississippi Street. He asked what could be done when they are placed in the public right of way. Ms. Stromberg replied that code enforcement and police are involved in picking up signs as time allows. If habitual signs keep appearing, staff has contacted them. It is important to have the necessary language in the code for enforcement. Mayor Lund asked if people had the right to pull signs if they are not allowed. Councilmember Eggert asked if removal of signs was limited to staff. Ms. Stromberg discouraged removal of signs and indicated staff will try to keep up with the demand. It is best for someone with a safety vest to pull the signs that are not allowed. Councilmember Tillberry noted that real estate signs for open houses are posted pretty far away from where the open house is located. Ms. Stromberg replied that signs are not allowed in the public right of way. Real estate companies should put signs out for open houses the day of the event. Councilmember Bolkcom asked for clarifying information regarding temporary signs. Ms. Stromberg replied that homeowners can have a 6 square foot sign in their yard, as long as they want and as long as it is not obscene. The sign must be 10 feet back from the curb and driveway. Residents can also have window signs, which was not allowed before. Daycare and hair salon signs are also allowed in the residential district. Councilmember Bolkcom asked if the signs have to look nice. Ms. Stromberg replied that signs are required to be taken care of, made of durable material, and able to handle the weather. Councilmember Bolkcom asked if someone could have a garage sale sign in their yard even if the sale was not that day but coming soon. Ms. Stromberg replied yes, the City cannot tell you what it can say. The sign can stay up as long as it is durable, in good condition, and on . Mayor Lund said he understands about not regulating content, but temporary signs can become permanent as long as they are kept up. Sandwich boards are okay in commercial areas and could become an issue with eye pollution down the road. He said 95 percent of requests will be reasonable, but he is 8 Jufn!2/ City Council Meeting 11/08/2021 Minutes Page 5 concerned about the 5 percent that will be unreasonable. He asked if staff have looked at other cities and their regulations regarding the time limit signs can be posted. Ms. Stromberg replied that commercial properties can have sandwich display signs that can be up all year provided they are in good condition. A temporary sign for an event or sale has a time limit on it. Business/commercial signs require a permit. Councilmember Ostwald asked if Attorney Biggerstaff had any input or wanted to share any challenges that could come up. Attorney Biggerstaff replied that this approach mirrors what other cities are doing. The tradeoff is that we cannot say some garage sale signs are okay and others are not. Signs that are a public nuisance, misleading or dilapidated would need to come down. Staff did a lot of work, and this is a well thought out ordinance. There is an opportunity for the City to have time limits on residential signs, but this becomes a staffing issue and could be an administrative burden. If complaints arise, Council could revisit the ordinance. If property owners have an unauthorized sign on their property, they have the right to remove it. Most cities regulate but few do something about it. People should make sure to put signs where they have permission. Wally Wysopal, City Manager, asked about bus benches and advertisements. Ms. Stromberg replied that bus bench signs are allowed in the existing code and will continue to be allowed in the new code provided they are at a transit stop and limited to size. Councilmember Eggert asked about benches that are not in designated bus stop areas. Ms. Stromberg said she would check with Public Works to see if they should be allowed. Legally, benches should only be allowed if there is a bus stop at that location. Mr. Wysopal asked about apartment buildings and if temporary signs could be placed in a window or on a balcony. Ms. Stromberg replied that property owners could place signs in the window or yard, but not the balcony. Permission is required from the property owner before any signs are displayed. Councilmember Bolkcom said that apartment complexes could always have a sign that says for rent; this could be kept up as long as they wanted if the sign is in good condition. Scott Hickok replied that he does not anticipate that would be an issue. The sign would be posted in the window of the unit they rent. 9 Jufn!2/ City Council Meeting 11/08/2021 Minutes Page 6 Mr. Wysopal asked if public right-of-way meant city, county, or state. Ms. Stromberg replied correct. When placing signs, make sure to follow a city, county, or state ordinance. 9. Ordinance No. 1397, Amending the Fridley City Code Chapter 11, Fees, Amending Fees Charged for Signs and/or Billboards (First Reading). Ms. Stromberg said there is just one change to this ordinance. Currently the City charges $50 for a business to change the face on their sign. Since content cannot be regulated, the City would no longer charge a $50 fee. Staff recommends approving the first reading and approving the summary publication. Unless otherwise directed, the second reading is scheduled for November 22, 2021. 10. Resolution No. 2021-108, Approving the Redemption of Series 2010A General Obligation Utility Revenue Bonds, for the City of Fridley. Korrie Johnson, Assistant Finance Director, stated the City of Fridley has an outstanding utility bond that was called for redemption and prepayment this year. The bond was issued on August 4, 2010, and has a variable interest rate between 2.5% and 3.5%. The 2022 interest rate on the original bond is 3.5%. By allowing the bond to be called, the City will have a savings of $98,425 in external interest payments. The Funds. A lower interest rate can be used through an interfund loan. A benefit will be realized by the City through collecting interest at the rate of 2%. This allows the Community Investment Fund to collect $68,300 in interest over five years. A benefit will be realized by the Utility Funds and an interest savings of $30,125 will be recognized over five years. Motion made by Councilmember Bolkcom to approve Resolution No. 2021-108, Approving the Redemption of Series 2010A General Obligation Utility Revenue Bonds, for the City of Fridley. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Resolution No. 2021-109 Approving an Interfund Loan from the Community Investment (CI) Fund to the Utility Funds (Water, Sanitary Sewer and Storm Sewer) in the Amount of $1,120,000. Motion made by Councilmember Bolkcom to approve Resolution No. 2021-109, Approving an Interfund Loan from the Community Investment (CI) Fund to the Utility Funds (Water, Sanitary Sewer and Storm Sewer) in the Amount of $1,120,000. Seconded by Councilmember Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMAL STATUS REPORTS None. : Jufn!2/ City Council Meeting 11/08/2021 Minutes Page 7 ADJOURN Motion made by Councilmember Ostwald to adjourn. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:58. P.M. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor 21 Jufn!3/ AGENDA REPORT Meeting Date:November 22, 2021 Meeting Type:City Council Submitted By:Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Nancy S. Abts, Associate Planner Title Ordinance No. 1396, Amending the Fridley City Code Chapter 214, Signs (SecondReading) Background The Planning Commission held a public hearing for TA #21-04 at their October 20, 2021, meeting. After a thorough discussion, the Commission recommended that the temporary sign language be modified to allow commercial/industrial properties with over 100 feet of street frontage to have up to two temporary signs at one time, as opposed to limiting these properties to one sign. The Commission then unanimously recommended approval of TA# 21-04 with the suggested modification. The City Council conducted the First Reading of the ordinance at its November 8, 2021 meeting where staff addressed questions the Council had related to the sign code changes. Financial Impact Changes to permit fees are proposedinOrdinance No. 1397, which amendsCity Code Chapter 11. Recommendation Staff recommends the approval of the second reading of Ordinance No. 1396 and recommends the approval of Summary Ordinance No. 1396 for publication. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods &Places X Community Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Ordinance No. 1396 Summary Ordinance No. 1396 (for publication) Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 22 Jufn!3/ Ordinance No. 1396 Amending the Fridley City Code Chapter 214, Signs The City Council of the City of Fridley does ordain, after review, examination and staff recommendation that Chapter 214, Signs, of the Fridley City Code be amended as follows: Section 1. with the language in Section 2 of this Ordinance. Section 2. That Chapter Fridley City Code Chapter 214 Signs 214.01 Purpose The purpose of this Chapter is to provide a comprehensive and constitutionally-sound ordinance providing for the regulation of signs in the City of Fridley (City). Regulation of signs is necessary to prevent traffic hazards and personal and/or property damage. The purpose of this Chapter is to: 1. Regulate the number, location, size, type, illumination, and other physical characteristics of signs within the City in order to promote the public health, safety, and welfare; 2. Maintain, enhance, and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community; 3. Improve the visual appearance of the City while providing for effective means of safety and aesthetics; and 4. Provide for the fair and consistent enforcement of this Chapter. It is not the purpose or intent of this Chapter to regulate the message displayed on any sign, to regulate any building design or any display not defined as a sign, nor to regulate any sign which cannot be viewed from outside a building. 23 Jufn!3/ 214.02 Definitions Abandoned Sign: A sign which: 1. Is displayed after expiration of a Sign Permit; 2. Remains after demolition of a principal structure located on the real property where the Sign is located. Any Sign meeting this definition shall be considered abandoned even if the Sign is legally nonconforming or authorized pursuant to a Special Use Permit or variance. Address Sign: A Sign consisting of numbers or numbers and a street name, identifying the address of a building and/or property. Alteration: Any major change to a Sign Structure, a Sign Face, or a Sign Area. Alteration does not include changes to the if the message solely is changed without altering the Sign Face, Sign Structure, or the surface of the Sign. Area Gateway Sign: A permanent, free-standing Sign located near a principal entrance of a residential or commercial property or group of properties sharing a common identity (e.g., plat, neighborhood, development, etc.). Bench Sign: A Sign which is attached to the front and rear surfaces of a backrest of a bench. Billboard: A permanent, free-standing Sign with a standard Sign Area of 14 foot by 48 foot. Changeable Message: A message on a Sign or portion thereof with characters, letters, pictures, panels, or illustrations that can be changed, rearranged, or replaced electronically or manually without altering the Sign Face or the Sign Structure. Commercial Speech: Speech advertising a business, profession, commodity, service, or entertainment. Directional Sign: A permanent freestanding sign located no closer than 10 feet to a property line or driveway and situated so as to be readily visible to vehicles and pedestrians accessing the property. District: A zoning district as defined in Chapter 205 Zoning of the City Code. Electronic Changeable Message: Programmable electronic message board, and/or programmable illuminated sign. 24 Jufn!3/ Flag: Any fabric or similar lightweight material attached at one edge or no more than two corners of the material, usually to a staff or pole, to allow movement of the material and which contains distinctive colors, patterns, symbols, or text. If any dimension of a flag is more than three times as long as any other dimension, it shall be regulated as a temporary sign for the purposes of this section. Flashing Sign: A directly or indirectly Illuminated Sign which exhibits changing light or color effect by any means, to provide the illusion of intermittent flashing light, zooming, twinkling, or sparkling by means of animation. Free-Standing Sign: A Sign which is located on the ground and not attached to any part of a building or structure. Illuminated Sign: A Sign which contains an element designed to emanate artificial light internally or externally. Incidental Sign: A small sign with a purpose secondary and accessory to the uses on the property on which it is located. No sign with a message legible off the premises shall be considered incidental. Institution: A public or private institution including but not limited to places of worship, schools, hospitals and medical clinics. Institutional Sign: A Sign on the premise of an Institution. Interstate 694 Corridor: Any real property immediately adjacent to and within 275 feet of the centerline of Interstate 694 right-of-way. Interstate 694 Primary Sign: A permanent, free-standing Sign located within the Interstate 694 Corridor, intended to be visible from Interstate 694, and constructed and/or erected pursuant to § 214.15 Interstate 694 Corridor Signage. Interstate 694 Secondary Sign: A permanent, free-standing Sign located on real property within the Interstate 694 corridor, intended to be visible from public right-of-way intersecting Interstate 694, and constructed and/or erected pursuant to § 214.15 Interstate 694 Corridor Signage. Multiple Use Non-Residential Building: A building designed for multiple occupancy of non- residential tenants. Motion Sign: A Sign which revolves, rotates, has moving parts, or gives the illusion of motion. Motion Sign does not include Walking Signs, or Changeable Signs or Flashing Signs if the sole motion is changing lights, illuminance, or the message. 25 Jufn!3/ Mural: An image painted or applied to the exterior of a building wall or other permanent structure, and for which no more than five percent of the total area covered by the mural, or 100 square feet (whichever is less), consists of text. Nonconforming Sign: A Sign lawfully erected prior to the effective date of this Chapter and which fails to conform to the requirements of this Chapter. Non-Commercial Speech: Speech not classified as Commercial Speech which includes, but is not limited to, messages concerning political, religious, social, ideological, public service, and informational topics. Obsolete Sign Copy: Sign copy that no longer advertises or correctly identifies a use conducted on the property which the sign is located. Permanent Sign: A Sign which is designed to be displayed for an indefinite period of time and is not easily removed or relocated. Projecting Sign: A Sign attached to a wall space that projects perpendicularly from a building or structure. Roof: The exterior surface and its supporting structure on the top of a building or structure. Roof Sign: A Sign erected, placed, and/or constructed on and/or above the Roof of a building, and which is supported by the Roof. Sign: Any letter, word, symbol, poster, picture, reading matter, advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed, which is displayed for informational or communicative purposes, and its Sign Structure. Sign shall not include architectural features or art not intended to communicate information, nor Murals nor Flags as defined by this chapter. Sign Area: The area of a Sign, including the border and the surface which bears the message, but excluding the Sign Structure containing no message. The area of a sign with more than one visible face shall be calculated by the sum of the area of each sign face divided by two. For signs without a frame, the square footage shall be calculated as the area within a plane figure or figures bounded by straight lines connecting at right angles connecting the outermost points of the sign, as illustrated in Exhibit 1 below. 26 Jufn!3/ Exhibit 1: Sign Area Sign Face: The surface of a Sign upon, against, and/or through which the message of the Sign is exhibited. Sign Permit: An official document or certificate granting permission to erect a sign. Sign Structure: A structure including the supports, uprights, bracing, and framework which supports or is capable of supporting a Sign. Special Use Permit: A Special Use Permitas defined in Chapter 205Zoning of the City Code. Static Display Area Signage: A durable, non-moving sign or grouping of signs constructed of plywood, rigid plastic or similar durable weatherproof materials. Temporary Sign: A Sign which is designed to be erected or displayed for a limited period of time, including but not limited to: banners, pennants, beacons, sandwich or curb Signs, Walking Signs, Yard Signs, and balloons or other air or gas filled structures. Vision Safety Zone: The triangular area of a corner lot beginning at the intersection of the street surface edge or curb lines, measuring 40feet along each curb line and a straight line between the two points, as illustrated in Exhibit 2below. 27 Jufn!3/ Exhibit 2: Vision Safety Zone Wall Sign: A Sign which is attached to the wall of a building or structure. Walking Sign: A Sign held by or attached to a human being who stands or walks on the premises at a business or event location. A person dressed in costume, both for the purposes of advertising and/or otherwise drawing attention to an individual, business, commodity, service, activity or product is considered a walking sign. Window Sign: A Sign attached to the inside of a window for the purpose of viewing from outside the building. Window Sign does not include merchandise located in a window. 214.03 General Provisions for Signs 1.!No Sign shall be erected, constructed, posted, and/or utilized in the City unless the Sign is safe and in compliance with this Chapter and all other provisions of the City Code. 2.!No Free-Standing Sign shall be placed closer than 10 feet to any property line or driveway, except Free-Standing Temporary Signs may be placed on sidewalks during the hours that the adjacent property is open to the public, if the sign is located immediately in front of the entrance and the Sign does not violate the Americans with Disabilities Act or otherwise prohibit or impede pedestrian or vehicular traffic. 28 Jufn!3/ 3.Freestanding Signs located within a Vision Safety Zone must have aminimum height of 10 feet from the bottom of the Sign to the finished ground grade, as illustrated in Exhibit 3 below: Exhibit 3: Freestanding Sign Height 4.No sign shall create a glare that will impact adjacent properties, drivers,or pedestrians 214.04Signs Allowed in all Districts 1.Address Signs: Each dwelling, business, or building must have a minimum of one Address Sign, that is a minimum size as prescribed in the Building Code of fourinches high and one-halfinch wide. The Sign must be illuminated or reflective and visible from the public right-of-way. Where access is by means of a private road and the building address cannot be viewed from the public right of way, a monument, pole, or other sign or means shall be used to identify the structure.No Sign Permit is required for address signs. 2.Bench Signs: Bench Signs may be displayed in all Districts but only at transit stops and may not be any larger than or extend beyond any portion of the bench.A bench sign may only be placed on a bench not larger than 42 inches high or more than 30 inches wide or sevenfeet long overall.No Sign Permit is required for bench signs. 3.Flags: Non-Commercial flags may be displayedin all Districtsin accordance with state and federal law. Any Non-Commercial flag may be displayed in lieu of the United States or State of Minnesota flag.No Sign Permit is required for flags. 29 Jufn!3/ 4. Permanent Free-Standing Sign: Permanent Free-Standing Signs may be displayed in all Districts, subject to all requirements of the District, including permit requirements. 5. Wall Signs: Wall Signs may be displayed in all Districts but must comply with size and number requirements of the District, including permit requirements. 6. Noncommercial Signs: During a state general election year, there shall be no permit required or restrictions on size or number of Noncommercial Signs beginning 46 days before the state primary until 10 days following the state general election, pursuant to Minnesota Statutes, as may be amended from time to time. Such Signs are subject to all other restrictions for the Sign type and District including all setback requirements. In the R-1, R-2, R-3, R-4, & S-1 Districts, Noncommercial Signs shall also be allowed at all times as Window Signs, subject to a maximum Sign Area of 40 percent of the window area where the sign is placed. 7. Temporary Signs: All other Temporary Signs may be displayed in all Districts, subject to all requirements of the District, including permit requirements. 8. Window Signs: Window Signs may be displayed in all Districts without a permit, but must comply with all size and number requirements of the District. 9. Signs may be erected within a public right-of-way in any District provided that such Sign is approved by the appropriate governmental agency with authority over the right of way. 10. Incidental Signs: Incidental signs may be displayed without a permit in all Districts, subject to all requirements of the District. 11. Hospital Signs: Notwithstanding any provisions to the contrary, due to the confusion and anxiety that may arise from emergencies, and the necessity of quickly and efficiently finding treatment, the City Council finds that hospital identification and emergency Signs may be larger than other Permanent Free-Standing Signs or Wall Signs for the public to quickly identify a hospital. Consistent with this, a Hospital Sign, including both Free- Standing and Wall Signs, may have a maximum Sign Area of 100 square feet in all Districts. A Sign Permit is required. 214.05 Signs Prohibited in All Districts 1. Signs erected or displayed upon any public right-of-way, as defined in City Code § 205.02.72, or public property, as defined in City Code § 205.02.71, except official or temporary traffic control signs, signals, or devices, at any time the public right-of-way or public property is open for public use, unless otherwise permitted by this Chapter or other applicable law. Any Sign posted in violation of this Section is declared to be abandoned 2: Jufn!3/ property. The City may seize the Sign and immediately destroy it. A violation of this Section is a misdemeanor. The City may file a citation and seek the costs of removal. 2. Signs depicting, representing, or constituting obscene material, pursuant to Minnesota Statutes, as may be amended from time to time or other applicable law. 3. Signs which by reason of size, location, movement, content, coloring, or manner of illumination may be confused with the light of an emergency or road equipment vehicle, a traffic sign, signal, or device, or which hides from view any traffic sign, signal, or device. 4. Motion Signs. 5. Flashing Signs. 6. Signs obstructing a Vision Safety Zone. 7. Roof Signs. 8. Abandoned Signs. 9. Obsolete Sign Copy. 214.06 Permit Requirements 1. The following Signs shall not be erected, altered, reconstructed, or moved in the City without first securing a Sign Permit from the City. However, a permit shall not be required for the changing of the display surface or message on a previously approved and erected sign: (a) Permanent, Free-Standing Signs, including but not limited to Area Gateway Signs, Billboards, Institutional Signs, and Interstate 694 Corridor Signs. (b) Wall Signs. (c) Temporary Signs not located in an R-1, R-2, R-4, or S-1 District. (d) Static Display Area Signs. 2. For Signs requiring a Sign Permit, the content of the message or speech displayed on the Sign shall not be reviewed or considered in determining whether to approve or deny a Sign Permit. Application for a Sign Permit shall be made in writing on a form approved by the City and addressed to the City Manager or their designee. Applications shall contain the information necessary to approve the permit request. 31 Jufn!3/ 3. The City shall approve or deny a Temporary Sign Permit within five business days of receiving a complete application. The City shall approve or deny a Permanent Sign Permit within 60 days of receiving a complete application. If the City denies the Sign Permit, the City shall provide written reasons for the denial at the time the City denies the Sign Permit. 4. A Temporary Sign Permit shall be valid for the time period stated on the approved permit. The time period for a Temporary Sign Permit shall not exceed 30 days. 5. Failure to comply with this Section is a misdemeanor. (a) If a Temporary Sign is posted in violation of the permit requirements, the City may issue a citation to the Sign owner, remove the Sign, and/or invoice the property owner for the cost of the Sign Permit and any penalties as provided by Chapter 11. (b) If a Permanent Sign is posted in violation of the permit requirements, the City may issue a citation to the property owner, and/or seek abatement in accordance with § 214.20, including, but not limited to, removal of the Sign, payment of the Sign Permit and any penalties as provided by Chapter 11, and enforcement costs. 6.!A Sign Permit for a permanent sign shall expire if the work has not been substantially initiated within 180 days and substantially completed within one year of the date of the 7.!Any Sign Permit may be revoked upon failure of the holder to comply with any provision of this code or with the terms of the permit at the time of its issuance. A permit holder may appeal a decision to revoke a permit pursuant to the process set forth in § 214.22. The revocation will be stayed pending a decision on an appeal. 214.07 Signs Allowed by District. The following table represents the allowable signage and area requirements of a single sign (in Permit is required unless otherwise specified in this Chapter: 32 Jufn!3/ Sign Type Maximum Sign Size by Zoning District Number of Sign (in square feet unless otherwise noted) Signs Allowed Specific Standards R-1, R-2, R-3 CR-1 C-1, C-2 C-3 M-1, M-3, R-4, & S-1 M-2 M-4, S-3 Area 24 32 48 80 80 80 80 1 per 214.07.01 Gateway development Sign Institutional 32/80/^ 32/80/^ 1 freestanding 214.07.02 Sign sign per street frontage Directional 4 4 4 4 4 4 4 No numeric 214.07.03 Signs limit Wall Signs 3 ^ ^ ^ ^ ^ ^ 1 sign in R-1, 214.07.04 R-2, R-4, & S-1 2 in M-1, M-2, M-3, M-4, & S- 3 & as Institutional Signs 1 per wall in CR-1, C-1, C-2, & C-3 Window 40%* 40%* 40% 40% 40% 40% 40% 1 per window 214.07.05 Signs (Percentage of Window Size) Permanent 32; as 32 48 80 80 80 80 1 per street 214.07.06 Freestanding Institutional frontage Signs Signs only Billboards No No No No 700 700 No No numeric 214.07.07 limit I-694 No No By By By By By 1 per frontage 214.07.08 Corridor property property property propertproperty Signs size size size y size size Temporary 6 32 32 32 32 32 32 1 per property 214.07.09 Signs in R-1, R-2, R- 4, & S-1 1-2 per street frontage in all other Districts Incidental 2 4 6 6 6 6 6 No numeric 214.07.10 Signs limit Static 32; as 48 48 48 48 48 48 1 per property 214.07.11 Display Area Institutional Signage Signs Only *Noncommercial signs only ^ Fifteen times the square root of the wall length where the sign is to be located 33 Jufn!3/ 1.!Area Gateway Signs: (a) Maximum of one Area Gateway Sign per development. The development shall include at least six parcels or two acres of land, whichever is less, and all properties that comprise the area shall consent to the placement of the Area Gateway Sign. (b) The land upon which the sign is located has been dedicated for such a use by easement, plat or other legal and recordable instrument unless such sign would otherwise be permitted herein. (c) A maintenance agreement shall be recorded which, among other things, provides for the long-term responsibility, care, and maintenance of such sign. (d) Maximum height of 25 feet above the finished ground grade. (e) Maximum sign area of 24 square feet in R-1, R-2, R-4, & S-1 Districts, 32 square feet in the R-3 District, 48 square feet in the CR-1 District, and 80 square feet in the C-1, C-2, C-3, M-1, M-2, M-3, M-4, & S-3 Districts. 2.!Institutional Signs: (a) In the R-1, R-2, & S-1 Residential Districts, a property which contains a legal nonresidential institutional use authorized by issuance of a Special Use Permit may display the following Institutional Signs: (1) Permanent freestanding signs shall be allowed as follows: ((a)) One per street frontage. ((b)) Maximum sign area of 32 square feet, or 80 square feet, if located a minimum distance of 50 feet from any neighboring residential property. ((c)) Maximum height of 25 feet above the finished ground grade. (2) Wall Signs shall be allowed as follows: ((a)) Maximum of two walls per Institution. ((b)) Maximum Sign Area of 15 times the square root of the wall length on which the Sign is to be placed. (3) Static Display Area signs shall be allowed as follows: ((a)) One per street frontage. 34 Jufn!3/ ((b))Maximum size of 32 square feet. (b)In all other districts, Institutional Signs shall be allowed by District Regulations for applicable sign type (e.g., Wall Signs,Permanent Freestanding Signs, or Static Display Area Signs). (c)Sign Permits are required for Institutional Signs. 3.Directional Signs. (a)Maximum Sign Area of four square feet. (b)Minimum 20 feetin any directionbetween Directional Signs placed on the same property. (c)Sign Permits are not required for Directional Signs. 4.Wall Signs. (a) For residential properties in the R-1, R-2, R-4, & S-1 Districts, the Maximum Wall Sign Size is threesquare feet. (b)For Permitted Nonresidential Uses inthe R-1, R-2, & S-1 Residential Districts, a property which contains a legal nonresidential institutional use authorized by issuance of a Special Use Permit, two walls may display signs with a Maximum Sign Area of fifteen 15 times the square rootof the wall length on which the Sign is to be placed, as illustrated in Exhibit 4below: Exhibit 4: Wall Sign Area 35 Jufn!3/ (c) Wall signs with a Maximum Sign Area of fifteen 15 times the square root of the wall length on which the Sign is to be placed may be placed on a maximum of two walls of properties in the M-1, M-2, M-3, M-4, and S-3 Districts, as illustrated in Exhibit 4 above. (d) Wall signs with a Maximum Sign Area of fifteen 15 times the square root of the wall length on which the Sign is to be placed may be placed in the CR-1, C-1, C-2, and C-3 Districts, as illustrated in Exhibit 4 above. (d) Sign Permits are required for Wall Signs. 5.!Window Signs. (a) Maximum Sign Area of 40% of the window area. (b) In the R-1, R-2, R-3, R-4, & S-1 Districts, Noncommercial Window Signs are allowed. (c) Sign Permits are not required for Window Signs. 6.!Permanent Freestanding Signs. (a) Maximum of one Sign per street frontage, not including Directional Signs, Billboards, Interstate 694 Primary Signs, and Interstate 694 Secondary Signs. (b) Maximum height of 25 feet above the finished ground grade. (c) Minimum distance of 50 feet from any R-1, R-2, R-4, & S-1 residential District. (d) Maximum size of 32 square feet as Institutional Signs in the R-1, R-2, R-4, & S-1 Districts; 32 square feet in the R-3 District; 48 square feet in the CR-1 District; and 80 square feet in the C-1, C-2, C-3, M-1, M-2, M-3, M-4, & S-3 Districts. (e) May have an electronic changeable message provided: (1) Message does not change more than once every eight seconds. (2) Message shall never flash or have motion that may distract vehicular traffic. (3) Light level shall not exceed 3-foot candles above ambient light as measured from 250 feet. (f) Sign Permits are required for Permanent Freestanding Signs. 7.!Billboards. 36 Jufn!3/ (a) Shall be permitted in the C-3, M-1, & M-2 Districts on real property adjoining the public rights-of-way of Interstate Highway 694. (b) Maximum height of 35 feet above the finished ground grade. (c) Minimum vertical distance between the bottom of the Billboard and the ground of ten feet. (d) Shall not exceed two Sign Faces. (e) Billboards with two Sign Faces shall have the Sign Faces attached back-to-back at a horizontal angle not to exceed 45 degrees. (f) Distances and Setbacks. (1) Minimum of 1,000 feet linear between Billboards located on the same side of the public right-of-way. Distance shall be measured along the centerline of the right- of-way. (2) Minimum of 2,500 linear feet between Billboards located on the same side or the opposite side of the public right-of-way that have an electronic changeable message. Distance shall be measured along the centerline of the right-of-way. (3) Minimum of 30 feet from any property line abutting a public right-of-way. (4) Minimum of ten feet from any other property line. (5) Minimum of 500 feet from any street, ramp, or merging traffic. (6) Minimum of 500 feet from any residential or public District. (g) The Sign Structure shall be all metal and be either painted or treated to prevent deterioration. (h) Any lighting will be shielded to prevent beams or rays of light from being directed at any portion of the traveled way of the public rights-of-way, shall not be of such intensity or brilliance as to cause glare or to impair the vision of any motor vehicle operator, shall not otherwise , and shall not create a nuisance on adjoining property. (i) Billboards shall be in addition to, and not in lieu of, Permanent Free-Standing Sign allowances. (j) Sign Permits are required for Billboards. 37 Jufn!3/ 8.!Interstate 694 Corridor Signage. (a) Maximum of one Interstate 694 Primary Sign per property zoned CR-1, C-1, C-2, C-3, M-1, M-2, M-3, and S-2 and located within 275 feet of the centerline of Interstate 694. (b) Where the property abuts a second public right-of-way, the property shall also be allowed an Interstate 694 Secondary Sign on the frontage adjacent to the second public right-of-way. (c) Height. (1) For Interstate 694 Primary Signs: 35 feet above the finished ground grade. (2) For Interstate 694 Secondary Signs: 25 feet above the finished ground grade. (d) Maximum Sign Area. (1) For Interstate 694 Primary Signs: maximum Sign Area is determined by the acreage class of the development. The following chart determines the maximum Sign Area: Acreage Class Sign Size Permitted 35 acres + 500 square feet 10-35 acres 240 square feet 1-10 acres 120 square feet Less than one acre 80 square feet Allowed size by parcel is shown in Exhibit 5/Appendix A below: 38 Jufn!3/ ! Exhibit 5: I-694 Signage (2) For Interstate 694 Secondary Signs: maximum Sign Area of 40 square feet. The maximum Sign Area can be increased up to 80 square feet if the Sign Area of the Interstate 694 Primary Sign is reduced by the equivalent number of square feet (e.g., if the Interstate 694 Secondary Sign is 72 square feet, the maximum Sign Area of the Interstate 694 Primary Sign is reduced by 32 square feet). (e) Setback and Location. (1) Interstate 694 Corridor Signage is subject to all setback requirements for Permanent Free-Standing Signs within the District. (2) Interstate 694 Primary Signs must be located within the Interstate 694 Corridor. (3) Interstate 694 Secondary Signs must be located on frontage adjacent to a public right-of-way intercepting Interstate 694. 39 Jufn!3/ (f) Interstate 694 Primary Signs and Interstate 694 Secondary Signs shall be in addition to, and not in lieu of, Permanent Free-Standing Sign allowances. (g) Interstate 694 Primary Signs and Interstate 694 Secondary Signs are subject to all restrictions for Permanent Free-Standing Signs within the District not in conflict with this subsection. (h) Sign Permits are required for Interstate 694 Signs. 9.!Temporary Signs. (a) Free-Standing Temporary Signs may be placed on sidewalks during the hours that the property placing the Temporary Sign is open to the public, if the sign is located immediately in front of the entrance and the Sign does not violate the Americans with Disabilities Act or otherwise prohibit or impede pedestrian or vehicular traffic. (b) Shall be limited to one sign per property in the R-1, R-2, R-4, & S-1 Districts and one per street frontage in all other Districts, except properties with more than 100 linear feet of street frontage may have two temporary signs per street frontage exceeding 100 linear feet. (c) Maximum size of 6 square feet in the R-1, R-2, R-4, & S-1 Districts and 32 square feet in all other Districts. (d) Sign Permits are not required for Temporary Signs in the R-1, R-2, R-4, & S-1 Districts. Sign Permits are required for Temporary Signs in other Districts. 10. Incidental Signs. (a) Must be oriented or so designed that the sign message is not legible off the premises where the Sign is displayed. (b) The Sign must be accessory to the use(s) on the property on which it is located. (c) Maximum size of 2 square feet in the R-1, R-2, R-4, & S-1 Districts, 4 square feet in the R-3 District, and 6 square feet in all other Districts. (c) A Sign Permit is not required for incidental signs. 11. Static Display Area Signage. (a) A manual Changeable Message may comprise up to 50% of the Static Display Area Signage. 3: Jufn!3/ (b) May not include an Electronic Changeable Message. (c) May not be internally illuminated. (d) Maximum height of six feet for freestanding Static Display Area Signage. (e) Maximum size of 32 square feet as Institutional Signs in the R-1, R-2, R-4, & S-1 Districts and 48 square feet in all other Districts. (f) One Static Display Area Signage installation is allowed per street frontage. (g) Legal Nonconforming Real Estate Signs and Construction Signs established prior to the effective date of this ordinance allowance for Static Display Area Signs. (h) Static Display Area Signage shall be allowed in addition to other freestanding or wall signs for a property. 214.08 No person, firm, or corporation shall engage in the business of erecting, altering, constructing, moving, or removing Permanent Free-Standing Signs under this Chapter unless a license to do so has been approved by the City. The annual license fee and expiration date shall be as provided in Chapter 11 of the City Code. A license is not required for changes to an existing Sign not constituting Alteration. 214.09 Existing Signs 1. Sign Maintenance. (a) The Sign Structure and surfaces of all Signs shall be maintained in a safe and presentable condition at all times, including the replacement of defective parts, painting, repainting, cleaning, and other acts required to prevent the Sign and/or Sign Structure from becoming unsafe or hazardous. (b) When any Permanent Sign erected pursuant to a Sign Permit is removed, the City shall be notified, and the entire Sign shall be removed. 2. Nonconforming Signs. Nonconforming signs shall be treated like other nonconforming uses and structures as for provided in City Code § 205.04.3, or as otherwise specified Minnesota Statute as may be amended from time to time. However, Nonconforming Signs may not be continued if the Sign is abandoned. 3. Public Nuisance. 41 Jufn!3/ (a) The following are deemed to be public nuisances: (1) Electronic Signs which are non-working, have burnt out bulbs or incoherent messages, or are malfunctioning. (2) Signs which have an incoherent message or missing characters. (3) Signs that due to defective parts or lack of maintenance are deemed unsafe or hazardous. (4) Signs that are dilapidated or damaged. (5) Abandoned Signs. (6) Obsolete sign copy that has not been covered or removed within 30 days after written notification from the City. (7) Signs in violation of this Chapter, including but not limited to, those posted without a necessary Sign Permit, Signs in excess of number limitations, Signs exceeding size limitations, Signs in violation of setback and location requirements, Signs impeding pedestrian or vehicular traffic, Changeable Messages changing more quickly than allowed, Electronic Signs exceeding luminance levels, and Signs that otherwise are a menace to the general health, safety, and welfare of the public. (b) If the City determines a Sign is a public nuisance, the City may proceed in accordance with § 214.12 and may bill the costs of enforcement to the property owner. 214.10 Multiple Use Non-Residential Buildings 1. All owners of multiple use non-residential buildings containing three or more non- residential units, if they have not already done so, must submit a comprehensive Sign Plan to the City Manager or their designee for approval. 2. All future Signs erected within the multiple use non-residential building shall conform to the conditions of the Sign Plan. 3. Existing Signs within the multiple use non-residential building which do not meet the requirements of this Chapter and/or Sign Plan, shall be defined as a Nonconforming Sign and shall be subject to the restrictions set forth in § 214.09.02. 214.11 Enforcement The City Manager or their designee shall be responsible for the enforcement of this Chapter. 42 Jufn!3/ 214.12 Violations 1. Any Sign that which is unsafe, appears unkempt or neglected, has been constructed or erected in violation of the City Code is a hazard to the health, safety, and/or general welfare of the public or is in violation of any other section of the City Code is hereby declared to be a nuisance and to be in violation of this Chapter. 2. Any person who has erected a Sign without securing the necessary Sign Permit prior to erection, shall, when subsequently securing such Sign Permit, be required to pay an investigation fee equal to the Sign Permit fee and shall be subject to all other penal provisions of this City Code. 3. Notice of violations, hearings, and abatement shall be governed by the provisions in City Code Chapter 128 providing for the abatement of nuisances. Copies of the notice shall be mailed to the property owner. Administrative assessments and penalties may be assessed as provided in Chapter 11 to the property owner. 4. Nothing in this Section or in City Code Chapter 128 shall be deemed to prevent the City from seeking other relief and penalties, including but not limited to, criminal penalties. 214.13 Penalty Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 and Chapter 11 of the City Code. Each day the violation continues in existence shall be deemed a separate violation. 214.14 Appeals 1. To provide for a reasonable interpretation of the provisions of this Chapter, any owner, tenant, applicant, or any other person or business aggrieved by any order, requirement, decision, or determination made by the City or its representatives in the enforcement and interpretation of this Chapter may request a hearing before the Planning Commission. Appeals shall be governed by the procedure in City Code § 205.07 2. Any owner, tenant, applicant, or any other person or business aggrieved by a final decision of the Planning Commission, pursuant to the procedure in City Code § 205.07 may seek judicial review within 30 days after the final decision. 214.15 Noncommercial Speech Substitution Signs containing Noncommercial Speech are permitted anywhere that Signs containing Commercial Speech are permitted, subject to the same regulations applicable to such Signs. 43 Jufn!3/ 214.16 Variances Variances to the strict application of this Chapter may be granted under the provisions established under City Code § 205.05.6. 214.17 Severability If any subsection, sentence, clause, or phrase of this section is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted this section in each subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, or phrases be declared invalid. nd Passed and adopted by the City Council of the City of Fridley on this 22 day of November, 2021. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk First Reading: November 8, 2021 Second Reading: November 22, 2021 Publication: November 26, 2021 44 Jufn!3/ City of Fridley Summary Ordinance No. 1396 Repeal and Replace Chapter 214, Signs, of the Fridley City Code The City of Fridley does ordain, after review, examination and staff recommendation that Chapter 214, Signs, be repealed and replaced with the following: Fridley City Code Chapter 214 Signs The Ordinance repeals Chapter 214, Signs, to the Fridley City Code and replaces it with the following: § 214.01, Purpose, describes the purpose of the Chapter; § 214.02, Definitions, provides applicable definitions for the Chapter; § 214.03, General Provisions for Signs, prescribes general regulations for signs in the City; § 214.04, Signs Allowed in all Districts, describes varying sign types allowed in certain districts; § 214.05, Signs Prohibited in All Districts, prescribes prohibited sign locations and content; § 214.06, Permit Requirements, process; § 214.07, Signs Allowed by District, explains the size and quantity limitations by zoning district; § 214.08, Sign Erectors License Requirement, requires City licensing requirements for people or entities to erect, move or alter a Permanent Free-Standing Sign; § 214.09, Existing Signs, describes maintenance requirements for signs; § 214.10, Multiple Use Non-Residential Buildings, requires a Sign Plan for multiple use non-residential buildings; § 214.11, Enforcement, designates the City Manager or their designee as responsible for enforcement of the Chapter; § 214.12, Violations, outlines the process the City will follow if there are violations to the Chapter, § 214.13, Penalty, notes that any violation of the Chapter is a misdemeanor and subject to applicable provisions of City Code; § 214.14, Appeals, describes a process to appeal any determination made by the City in the enforcement and interpretation of the Chapter; § 214.15, Noncommercial Speech Substitution, allows noncommercial speech anywhere signs containing commercial speech are permitted, § 214.16, Variances, directs any variance to the Chapter is subject to City Code § 205.05; § 214.17, Severability, directs if any subsection, sentence, clause, or phrase of the Chapter is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. Passed and adopted by the City Council of the City of Fridley on November 22, 2021. The full text of the ordinance is available on the City website or for inspection by any person during regular office hours at the Office of the City Clerk. 45 Jufn!4/ AGENDA REPORT Meeting Date:November 22, 2021 Meeting Type:City Council Submitted By:Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager NancyS.Abts, Associate Planner Title Ordinance No. 1397, Amending the Fridley City Code Chapter 11, Fees, Amending Fees Charged for Signs and/or Billboards (SecondReading) Background Proposed changes to the Sign Ordinance will affect the fees the City charges. The Council held the First Reading of the ordinance at its November 8, 2021 meeting. Financial Impact The revenue associated with permits will no longer be received; however, the possibility for additional temporary signs may provide offsetting permit revenue. Permits will still be required for new signs and for structural changes to existing signs. Recommendation Staff recommends the approval of the second reading of Ordinance No. 1397and recommends the approval of Summary Ordinance No. 1397 for publication. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods &Places X Community Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Ordinance No. 1397 Summary Ordinance No. 1397(for publication) Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 46 Jufn!4/ Ordinance No. 1397 Amending the Fridley City Code Chapter 11, Fees, Amending Fees Charged for Signs and/or Billboards The City of Fridley does ordain, after review, examination and staff recommendation that Chapter 11, Fees, of the Fridley City Code be amended as follows: Fridley City Code Chapter 11 Fees 11.11. Fees CODE SUBJECT FEE 33 Administrative Citation or Penalty $100 per violation (General) $125 per violation (Fire Lane/Reserved Handicap Parking) $35 per violation (Other Parking) 33 Administrative Citation or Penalty Late Fee $25 (General) $30 (Fire Lane/Reserved Handicap Parking) $10 (Other Parking) 33 Administrative Hearing $200 Administrative Hearing 17 Auction $30.00 weekly, $150 year 205.30 Automatic Meter Reading Device Permit $25 per stationary device 27 Billiards $40 for first table, $10 each additional 15 Bowling Alleys $40 + $10 each lane 28 Carnivals $75 application fee $75 each day $3000 cash deposit or bond 30 Charitable Gambling (see Lawful Gambling) 21 Christmas Tree Lots $200 + $100 deposit 12 Cigarette Sales (see Tobacco) MS 462.355 Comprehensive Plan Amendment $1,500 206 Contractors See Chapter 206 217 Condominium (annual registration) a.!2-4 Ownership Units $20 b.!5-12 Ownership units $30 c.!13-24 Ownership units $40 Over 24 Ownership Units $50 217.04 Condominium conversion registration (one (a)!2 ownership units $500 time fee) (b)!3-7 ownership units $750 (c)!8-12 ownership units $1,000 Over 12 units $1000 + $50 per unit for every unit over 12 208 Conservation Plan Review (as part of building $450 permit for new construction 208 Conservation Plan Review as part of land See Chapter 206 alteration, excavating or grading permit process 47 Jufn!4/ 101 Dogs $25 Lifetime $5 duplicate license $25 Impound Fee $500 Dangerous Dog $500 Potentially Dangerous Dog 702 Drive-in Theaters $400 607 Entertainment $85 112 False Alarms $50 for sixth false alarm in single calendar year and for each subsequent false alarm in calendar year an additional $25 shall be thth added (e.g., 7 false alarm $75, 8 false alarm $100, etc.) 205 Farmers Market Event Permit $100 103 Fire Arms-Permit to Discharge $25 108 Fire Department Plan Review Fee 65% of the Fire Permit Fee 32 Food Establishment Business License $45 32 Food Temporary Business License $30 25 Golf Course, Driving Range $30 113 Haulers $100 for first truck and $40 each additional Mixed Municipal Solid Waste License truck (Garbage Truck) Yard Waste License Organics License Recycling License 24 Junk Yards $350 30 Lawful Gambling Permit $25 for one day small events, i.e. raffle, etc. 609 Liquor, Caterer Caterer Registration $100 annually Event Notification Permit $25/event 604 Liquor, Consumption and Display $300 Annual State Permit $25 One-Day City Permit 603 Liquor, On-Sale Intoxicating Holiday $100 Endorsement 603 Liquor, Lawful Gambling Endorsement $300 610 Liquor Manufacturers/Investigative Fee Individual $200 Partnership/Corporation $400 Alteration of Business $100 Change of Officers $25 On-Sale Brewer/Distillery Taproom License $600 Off-Sale Brewer/Distillery Growler License $300 603 Liquor, On-Sale Intoxicating No Entertainment a.!0-3000 sq ft - $6,000 b.!3001-6000 sq ft - $7,000 c.!over 6000 sq ft - $8,000 With Entertainment or Dancing a.!0-3000 sq ft - $7,000 b.!3001-6000 sq ft - $8,000 Over 6000 sq ft - $9,000 48 Jufn!4/ 603 Liquor, On-Sale Intoxicating Initial Investigative $200 individual Fee $400 corporation or partnership 603 Liquor, On-Sale Sunday $200 603 Liquor, On-Sale Intoxicating Temporary 1 day $25 (MN §340A.414, Sub.9) only 602 Liquor, 3.2% Malt Liquor Off-Sale - $60 On-Sale - $325 Liquor, 3.2% Malt Liquor, Holiday Endorsement $100 602 Liquor, 3.2% Malt Liquor, Initial Investigative $90 individual Fee $180 corporation or partnership 602 Liquor, 3.2% Malt Liquor Temporary $60 603 Liquor, Wine $1,000 603 Liquor, Wine Investigative Initial Fee $200 individual $400 corporation or partnership 603 Liquor (Employee Dispensing see Managerial License) 605 Liquor, Bottle Club $300 annual permit $25 one day permit 606 Liquor, On-Sale Intoxicating Club $300/club under 200 members (the annual license fee for an on-sale $500/club, 201-500 members intoxicating liquor license issued by a city to a $650/club, 501-1,000 members club must be no greater than the fee set in $800/club, 1001-2,000 members Minnesota Statute Chapter 340A: $1000/club, 2001-4000 members $2,000/club 4,001-6,000 members $3,000/club over 6,000 members 606 Liquor, On-Sale Club Holiday Endorsement $100 101 Livestock $100 annually Bees or Chickens $100 initial license/$25 renewal license 608 Lodging Tax 3% of rent charged 603 Managerial License (Liquor) $10 125 Massage Therapy Business License $400 annually Business Investigative $400 (new) $200 (renewal) Fee/Corporation/Partnership $200 (new) $100 (renewal) Business Investigation Fee/Individual/Sole $50 annually Prop. $25 annually Massage Therapist License Fee Therapist Investigation Fee 205.24 Master Plan, Application or Amendment $1,500 203 Mobile Home Parks $30 + $1 per trailer site (one-time fee) 22 Music Festivals $700/day + $100 filing fee 509 Motorized Vehicles Rental $50 per vehicle 220 Multiple Dwelling License Single rental unit $100.00 Two rental units $150.00 Three units $210.00 Four units $270.00 Five or more units $245.00 plus $12 per unit. Rental Inspection Fee $100 single, duplex and triplex $300 4+ units 49 Jufn!4/ Transfer Fee $25 License Fee after Revocation or Suspension 150% times the annual license fee 31 Pawn Shops Annual License fee $3,000 Monthly Transaction Fee $3.00 per transaction Reporting Failure Penalty $4.00 per transaction/ Investigation Fee $400 14 Peddlers/Solicitor $60 per peddler 23 Public Dance $75 13 Retail Gasoline Sales $60 Private Gasoline Pump $30 per location 407 Rights-of-Way 407.04!Registration Fee $50 407.05!User Fee (residential, commercial or $50 industrial 407.07!Excavation Permit $350 Obstruction Permit $50 Small Wireless Facility Permit $150 Permit Extension Fee $20 Delay Penalty $125 week 407.10!Mapping Fee $50 if data is not in city format and City GIS compatible. 407.11!Degradation Fee Restoration cost per square foot for the area to be restored. 127 Sexually Oriented Businesses $400 Investigation Fee $400 214 Signs and/or Billboards Permanent Sign !Wall Sign $100 !Free-standing/monument $200 !Re-face/face-change $50 Temporary Sign $100 for up to 14 days, plus $200 deposit refunded if conditions met 602, 603, 606 Social Skill Game Tournament Service Provider $100 annually nd 514 Snow Removal Penalty 2 Offense in any given year: $50 rd Violations of the provisions of this Section 3 Offense within 6 months of any prior shall be a misdemeanor, subject to penalties of offense: $200 th a maximum of $700 and 90 days in jail per 4 Offense or more within 6 months of occurrence. In the alternative, the City may, in prior offense(s): $500 its discretion, impose a civil penalty as follows: In addition, the City may charge to, and assess to the associated property, any damage to City property or injury to City employees attributable to violations of this section. 102.02 Storage fee for seized motor vehicles (Ord $10 per day for each day or part of a day 1250) the seized motor vehicle is held at a storage facility or impound lot. The total storage fees assessed on any one motor vehicle shall not exceed $500 or 50% of the 4: Jufn!4/ value of the motor vehicle as determined by competent authority, whichever is less. 102.02 Seizure fee for motor vehicles $200 assessed for each vehicle seizure; or $400 assessed to a vehicle owner or lien holder who refuses to repossess their own vehicles. 16 Street Vending $50 industrial/commercial $70 residential $100 both 116 Sun tanning Rooms $500 115 Swimming Pools, Public $250 per outdoor pool $350 per indoor pool + 25% of base per added pool, enclosed area 205.30 Telecommunications Permit to Locate on $400/user/tower Approved Site Telecommunications Towers and Facilities District (Ref Ord 1340) 205.30.24 DAS Application Fee $500 205.30.24 DAS Application Review Fee $1500 205.30.9(9) DAS Abandonment Escrow $2000 205.30 Temporary Outdoor Display License $75 205 Text Amendment to the Zoning Ordinance $1,500 12 Tobacco Products $125 12 Tobacco Product Shop $400 license application fee; $100 license investigation fee. 205.33 TOD Project Plan Application $1,500 205.33 TOD Tree Substitution Fee to TOD Capital $500/tree Project Fund 104 Tree Removal/Treatment $150 19 Used Motor Vehicles $150/year 205 Wetlands Certifying Exemptions $1500.00 Replacement Plan Application $1500.00 No Loss Determination $1500.00 Appeal of Decision $1500.00 206 Building Permit Fees See Chapter 206 206 Certificate of Occupancy Fees See Chapter 206 206 Electrical Permit Fees See Chapter 206 206 Land Alteration Excavating or Grading Fees See Chapter 206 Uniform Building Code Chapter 70 adopted by reference (Plan Checking Fees and Grading Permit Fees) 211 Lot Splits $1,250 206 Mechanical Permit Fees See Chapter 206 212 Mining Permit See Chapter 206 206 Moving Permits Fee See Chapter 206 206 Plumbing Permit Fees See Chapter 206 211 Plat $1,500/200 lots +$15 each additional lot 206 Reinspection Building Fee See Chapter 206 205 Rezoning $1,500 51 Jufn!4/ 206 Sewer Permit Fee See Chapter 206 205 Special Use Permit $1,000 for R-1 $1,500 for all others 206 Utility Excavations Permit Fees See Chapter 206 206 Water Permit Fee See Chapter 206 206 Water/Waterways Permit Fees See Chapter 206 205 Vacations, Right of Way or Easement $1,500 211 Variance $500 for R-1 $1,400 for all other *Prorate (see Chapter 603) nd Passed and adopted by the City Council of the City of Fridley this 22 of November, 2021. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk First Reading: November 8, 2021 Second Reading: November 22, 2021 Summary Publication: November 26, 2021 52 Jufn!4/ City of Fridley Summary Ordinance No. 1397 Amending the Fridley City Code Chapter 11, Fees, Amending Fees Charged for Signs and/or Billboards The City of Fridley does ordain, after review, examination and staff recommendation that Chapter 11, Fees, of the Fridley City Code be amended as follows: Fridley City Code Chapter 11 Fees 11.11. Fees CODE SUBJECT FEE 214 Signs and/or Billboards Permanent Sign !Wall Sign $100 !Free-standing/monument $200 !Re-face/face-change $50 Temporary Sign $100 for up to 14 days, plus $200 deposit refunded if conditions met Passed and adopted by the City Council of the City of Fridley on November 22, 2021. The full text of the ordinance is available on the City website or for inspection by any person during regular office hours at the Office of the City Clerk. 53 Jufn!5/ AGENDA REPORT Meeting Date:November 22, 2021 Meeting Type:City Council Submitted By:Korrie Johnson, Acting Director of Finance Title Resolution No. 2021-114, Approving Agreement for Energy Assistance Program with Minnesota Department of Commerce Background The Minnesota Department of Commerce(State)is expanding the Minnesota Energy Assistance Program (Program)to pay water and sewer bills for Minnesotans who apply and qualify for energy assistance. The Stateis using $15 million in additional American Rescue Plan Act (ARPA) funding designated for water assistanceandhas expanded income eligibility to help more Minnesotans than ever payutilitycosts. Minnesota is the first to receive federal approval on a plan to provide water bill assistance payments to households, with a focus on preventing households from being disconnected from water and sewer utilities. Applying to be a vendor with the Program, will allow Fridley residents to apply for assistance with paying for their Water Utility, Sanitary Sewer Utility and Storm Water Utility bills. If approved, staff will begin the process of applying to be a vendor in the Program. Staff expect the City to be approved as a vendor by December 17, 2021. Residents who wish to apply for the program can do online at: https://mn.gov/commerce/consumers/consumer-assistance/energy-assistance/, or by calling 800-657- 3710. Residents withquestions regarding their Fridley utility bills may call 763-572-3529.The Program will run through May 31, 2022. Financial Impact The Program is available to low-income property owners and renters who qualify. Income eligibility is set at 60% of median household income. For example, a household with four people can have an annual income of up to $67,765 to qualify. Services include payments for current and past-due bills for water, sanitary sewer and storm water. Payments for water bills will be sent directly to the City to be applied to Recommendation Staff recommend approval of Resolution No. 2021-114. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 54 Jufn!5/ Attachments and Other Resources !Resolution No. 2021-114 !Exhibit A: Energy Assistance Program Agreement with Minnesota Department of Commerce Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 55 Jufn!5/ Resolution No. 2021-114 Approving Agreement for Energy Assistance Program with Minnesota Department of Commerce Whereas, the Energy Assistance Program (Program) through the Minnesota Department of Commerce helps pay for electric and gas utility costs for income-qualified households; and Whereas, in 2021 the Program added water and wastewater utilities to its offerings due to federal funding from the American Rescue Plan Act of 2021; and Whereas, the City of Fridley (City) provides water and wastewater utility services to residents and issues utility bills based on utility usage per quarter; and Whereas, the City Council finds it prudent for the City to partner with the Minnesota Department of Commerce by enrolling in the Program; and Whereas, enrolling as a vendor in the Program will allow Fridley residents to apply for reimbursement of their water and wastewater utility bills if they meet income requirements. Now, therefore be it resolved, that the City Council of the City of Fridley hereby authorizes the execution of the agreement for the Energy Assistance Program with the Minnesota Department of Commerce to enroll the City of Fridley as a vendor in the Low-Income Household Water Assistance Program. nd Passed and adopted by the City Council of the City of Fridley this 22 day of November, 2021. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 56 Exhibit A Jufn!5/ Energy Assistance Program (Vendor Name) at (address), and successor home energy/water providers, agrees to cooperate with (local EAP Service Provider) hereService Provider Department of Commerce (COMM)S Energy Assistance Program (EAP) and/or the Low-Income Household Water Assistance Program (LIHWAP) for Federal Fiscal Year 2022 (FFY22), October 1, 2021 through September 30, 2022. I. Thevendor and the Service Provider will: 1.!Follow Energy Assistance Program (EAP) and LIHWAP policies and procedures in the EAP Policy Manual (in particular Chapter 16 for energy and Chapter 18 for water). 2.!Maintain accurate client and consumption information. 3.!Comply with the Minn. Government Data Practices Act (MGDPA), Minn. Stat. Ch. 13, as it applies to all data provided by the energy vendor, the State, or its contractors under this agreement and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the vendor or the Service Provider, in performing the duties under this agreement. To administer this program, the vendor and the service provider utilize a secure database with private information on individuals protected under the MGDPA. The vendor and Service Provider agree to not release any private data, including from the database, to any third party without written authorization from the subject of the data. By signing the application, applicants consent to the use of their private information for purposes of this agreement. 4.!Use information obtained from vendor, the State, or its contractors for the sole purpose of performing responsibilities and duties for energy and water programs run by the State. Further, Service Provider and vendor shall implement and maintain appropriate and reasonable administrative, technical, and physical safeguards to protect such information from accidental or unauthorized access, use, disclosure, and loss or destruction. 5.!Negotiate for continuation or reconnection of service to households determined eligible for EAP/LIHWAP benefits. 6.!Establish a dispute resolution process to resolve issues arising during the term of this agreement. 7.!Collaborate and do everything possible to ensure the customer has continuous access to home heating and water service. 8.!Mand/or water crisis through the use of the EAP/LIHWAP benefits. 9.!Encourage regular payments from the household. 10.!Collaborate to reduce home energy and water costs. 11.!Work together to ensure EAP/LIHWAP payments are appropriately applied to accounts and used for EAP/LIHWAP services as designated by the Service Provider. II. The Service Provider will: 1.!Determine customer eligibility. 2.!Provide new and existing vendors with information about the eHEAT software system. !Work to ensure all vendors become eHEAT users !Provide necessary and/or ongoing training to vendors using eHEAT. 3.!Make authorization through eHEAT, telephone, fax or electronic communication of payments for: !Electricity, heating sources and delivery of fuel. !Continuation or reconnection of connected utilities. !Fees including: service deposits, pressure tests, line bleeding, tank setting, tank rental, membership, if applicable. !Removal from load limiters. !Due and past due amounts for electricity and heating fuels. !Current and past due amounts for water and sewer services. 4.!Maintain customer authorizations for exchange of private data between the Service Provider and the vendor. 5.!Enter account number into eHEAT in the format supplied by the vendor. III. The energy vendor will: 1.!Ensure EAP and LIHWAP eligible households are not treated adversely compared to other households. Oil and propane dealers are required to comply with the Discrimination Prohibition in Minn. Stat. §325E.027. In addition, propane dealers are required to comply with the following: Price and Fee Disclosure, Budget Payment Plan, Propane Purchase Contracts, and Terms of Sale in Minn. Stat. §§216B.0992 - .0995. This includes making available the cash price or other applicable discount programs to EAP households. 2.!Supply account number format to the Service Provider. 57 Agreement between Energy/Water Vendors and Service Providers New 2021 Jufn!5/ 3.!Upon request, provide a written price list of normal and customary services for home energy and/or water costs including but not limited to: !Leak seek and pressure tests !Reconnection fees !Bleeding lines !Membership fees !Tank setting !Minimum delivery requirements and costs !Service deposits !Emergency fuel and after-hours delivery costs 4.!When possible deliver remaining EAP/LIHWAP benefit before September 30, 2022. 5.!Timely provide at the request of the customer, the Service Provider or the State, home energy and/or water costs, dwelling consumption data, delivery dates, bill payment history, arrearage history or post-delivery information. This information will be provided in the format requested. 6.!Provide dwelling consumption data within 5 business days of the request in eHEAT. 7.!Respond promptly to consumption requests for crisis situations. 8.!Register with the State to receive EAP/LIHWAP payments. 9.!Use the warrant or EFT date as the EAP/LIHWAP payment date. 10.!Apply all EAP/LIHWAP payments to the households account within 5 business days of receipt of payment. 11.! 12.! 13.!Ensure the LIHWAP payment will not generate a credit on the account of more than $1.00. 14.!Accept all customer payments. 15.!Use EAP funds to pay for home energy costs, including fuel and other routine and required services as designated by the Service Provider. Expenses such as service contracts, water, sewer, garbage, cable, internet, telephone, gasoline, machine parts, engine oil, etc. cannot be paid with EAP funds. 16.!Use LIHWAP funds to pay for home water and sewer costs, as designated by the Service Provider. Expenses such as service contracts, garbage, cable, internet, telephone, etc. cannot be paid with LIHWAP funds. 17.!Continue service, reconnect, or deliver fuel to households as negotiated by the Service Provider on behalf of the household. 18.!When addressing household energy and/or water emergencies, when possible, accept eHEAT payment status of r payment. When eHEAT is not available, accept early notification authorization by telephone, fax, or electronic communication for delivery of fuel, continuation or reconnection of connected utilities (including water service), service deposits, and removal from load limiters. 19.!Accept a household application status in EAP. 20.!Report dangerous heating or fuel delivery situations for EAP households to the Service Provider. 21.!Process and refund to the State any refunds requested by the Service Provider within 10 business days. 22.!Process and refund to the State all credits attributable to EAP/LIHWAP within 10 business days after a client ceases to be a customer. 23.!Notify the Service Provider or State if there is reason to believe EAP/LIHWAP funds have been misused as described in the EAP Policy Manual. 24.!Allow the Service Provider or State access to fiscal records of EAP/LIHWAP transactions for audit purposes for period of three (3) years after payment. 25.!Complete and return the Vendor Monitoring Report and the EAP Leveraging Report, when requested. 26.!Use eHEAT when possible to administer EAP/LIHWAP program business, including but not limited to: !Providing consumption !Monitoring eligibility and payments !Maintaining household account numbers !Recording refunds 27.!Implement and maintain eHEAT database security policies by: !Limiting access to authorized personnel only !Deactivating users immediately upon termination of their !Ensuring each user is assigned a unique user ID role in the service delivery of EAP/LIHWAP !Ensuring email addresses associated with each !Deactivating users who are on a temporary leave of user ID are current absence, extended vacation, etc. IV. Either party to this agreement may terminate it at any time, with or without cause, upon thirty days written notice to each other and the State. This document is for reference only; vendors sign the Agreement electronically in eHEAT. 58 Jufn!6/ AGENDA REPORT Meeting Date:November 22, 2021 Meeting Type:City Council Submitted By:Korrie Johnson, ActingFinance Director Title Resolution No. 2021-116, ApprovingGifts, Donations and Sponsorships Received Between October 16, 2021and November12, 2021 Background Each month, the City of Fridley (City) receives various donations and gifts to support City operations, programsand projects. Pursuant to Minnesota Statute § 465.03, the City may accept these donations and gifts for the benefit of residents. For specific donations or gifts, the donor may prescribe certain requirements, such as for a specific activity or department. Consistent with the abovementioned statute, staff prepared Schedule No. 1 (ExhibitA), which outlines the various donations, gifts and/or sponsorships received by the City betweenOctober 16, 2021 and November12,2021. To accept the same, the Council must adopt the attached resolution by a twothird majority vote. Lastly, for each donation, gift or sponsorship, staff ensure it meets an identified need, does not create a quidproquo or longterm maintenance obligation, and the donor received an acknowledgment of their gift through a letter or publication. Financial Impact Recommendation Staff recommend the approval of Resolution No. 2021-116. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2021-116 Exhibit A: Schedule No. 1 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 59 Jufn!6/ Resolution No. 2021-116 Approving Gifts, Donations and Sponsorships for the City of Fridley Whereas, throughout the year the City of Fridley (City) receives various gifts and donations; and Whereas, the City is sincerely grateful for the support it receives from an array of organizations and individuals; and Whereas, without this support, the continuation of different events or programs would be difficult to sustain; and Whereas, the attached schedule (Exhibit A) lists all of the donations and gifts received by various City departments between October 16, 2021 and November 12, 2021; and Whereas, all of the items listed on the attached schedule (Exhibit A) are required to be accepted by the City Council by a two-thirds majority vote; and Whereas, all items have been determined to be donated free of any quid-pro-quo expectation by the donor. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves and accepts the various donations, gifts and sponsorships made between October 16, 2021 and November 12, 2021, attached hereto as Exhibit A. Passed and adopted by the City Council of the City of Fridley this 22nd day of November, 2021. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 5: Jufn!6/ Gifts, Donations, and Sponsorships - City of FridleySchedule No. 1 Date Department or Donor Name, Amount/ ProgramFund ReceivedDivisionif not anonymousValue 5/4/2021SNCReimbursement for memorial benches Springbrook Nature Center Foundation$2,404.00270 5/7/2021SNCDonation Box Contents Various$85.00270 5/10/2021Public SafetyDonation to FPD Police Activity LeagueSchmit Towing$500.00101 5/14/2021SNCDonation Box Contents Various$82.00270 5/16/2021RecreationDonation to Pickleball Programunknown$10.00101 5/19/2021RecreationDonation to replace interpretive signs at Innsbruck Nature CenterFrank and Maija Sedzielarz$2,800.00101 5/28/2021SNCDonation Box Contents Various$120.00270 6/11/2021SNCDonation Box Contents Various$40.00270 6/11/2021SNCDonation Box Contents Various$92.00270 6/11/2021SNCDonation Box Contents Various$58.00270 6/22/2021SNCDonation Box Contents Various$160.00270 7/14/2021SNCDonation Box Contents Various$185.00270 7/27/2021SNCDonations from Michael Servetus Unitarian Society ConcertVarious$577.00270 7/27/2021SNCDonation Box Contents Various$45.00270 7/27/2021SNCDonation Box Contents Various$66.00270 8/17/2021SNCDonation Box Contents Various$75.00270 8/27/2021SNCDonation Box Contents Various$159.00270 8/27/2021Public SafetyDonation to Police DepartmentKoral Labs, Inc.$200.00101 9/16/2021SNCDonation from SNC Foundations to Cover Camp ScholarshipsSNC Foundation$2,625.00270 9/17/2021SNCDonation Box Contents Various$80.00270 9/21/2021SNCDonationRasmussen Northeast Bank Foundation$250.00270 9/30/2021SNCDonation Box Contents Various$5.00270 10/8/2021SNCDonation Box Contents Various$60.28270 10/20/2021SNC Donation Box ContentsVarious$10.00270 9/7/2021ForestryEcological Restoration Volunteer timeMississippi Parks Connection$4,109.76101 9/17/2021SNCDonation Box Contents Various$80.00270 9/18/2021SNCDonation to Cover Summer Camp ScholarshipsSNC Foundation$2,625.00270 9/21/2021SNCDonations from Rasmussen - Northeast Bank FoundationRasmussen-Northeast Bank Foundation$250.00270 10/8/2021SNCDonation Box Contents Various$65.28270 10/8/2021Public SafetyDonation for public safety appreciationLions Club$1,278.00101 10/20/2021SNCDonation Box Contents Various$10.00270 Year to Date Total$176,859.87 61 Jufn!7/ AGENDA REPORT Meeting Date:November 22, 2021 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Resolution No. 2021-118,Approving Claims for the Period Ending November 17, 2021 Background Attached is Resolution No. 2021-118 and the claims report for the period ending November 17, 2021. Financial Impact Included in the budget. Recommendation Staff recommend adopting Resolution No. 2021-118. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2021-118 Exhibit A:City Council Claims Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 62 Jufn!7/ Resolution No. 2021-118 Approving Claims for the Period Ending November 17, 2021 Whereas, Minnesota Statute § 412.271 generally requires the City Council to review and approve claims for goods and services prior to the release of payment; and Whereas, a list of such claims for the period ending November 17, 2021, was reviewed by the City Council. Now, therefore, be it resolved, that the City Council of the City of Fridley hereby approves the payment of the claims attached hereto as Exhibit A. nd Passed and adopted by the City Council of the City of Fridley this 22 day of November, 2021. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 63 Jufn!7/ 64 Jufn!7/ 65 Jufn!7/ 66 Jufn!7/ 67 Jufn!7/ 68 Jufn!7/ 69 Jufn!7/ 6: Jufn!7/ 71 Jufn!7/ 72 Jufn!7/ 73 Jufn!7/ 74 Jufn!7/ 75 Jufn!7/ 76 Jufn!7/ 77 Jufn!7/ 78 Jufn!7/ 79 Jufn!7/ 7: Jufn!7/ 81 Jufn!7/ 82 Jufn!7/ 83 Jufn!7/ 84 Jufn!7/ 85 Jufn!7/ 86 Jufn!7/ 87 Jufn!7/ 88 Jufn!7/ 89 Jufn!7/ 8: Jufn!7/ 91 Jufn!7/ 92 Jufn!7/ 93 Jufn!7/ 94 Jufn!7/ 95 Jufn!7/ 96 Jufn!7/ 97 Jufn!7/ 98 Jufn!8/ AGENDA REPORT Meeting Date:November 22, 2021 Meeting Type:City Council Submitted By:Korrie Johnson, Acting Finance Director Title rd Resolution No. 2021-115, Cancelling an Interfund Loanin the Amount of $840,000for the 53Avenue Lift Station Improvement Project Background On February 25, 2019 the Fridley City Council (Council) authorized the creation of a Community Investment Fund (CIF) to support capital costs associated with the parks and public utilities maintained by the City. On May 26, 2020 the Council adopted Resolution No. 2020-23, which approved Project No. rd 20-519(Project) for improvements to the 53Avenue Lift Station, and an interfund loan to support the design, engineering, construction, and other expenses related to the project. The Sanitary Sewer had enough money in cash reserves to pay for the project in its entirety therefore no longer needing an interfund loan from the CIF Fund. Financial Impact rd Due to the staff time and planning logistics involved with initiating the 53Avenue Lift Station interfund loan, it has been determined that the Sanitary Sewer Fund will pay the CIF a loan issuance fee of 1.2% equal to $1,020. Recommendation Staff recommend approval of Resolution No. 2021-115. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2021-115 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 99 Jufn!8/ Resolution No. 2021-115 rd Cancelling an Interfund Loan for the 53 Avenue Lift Station Improvement Project Whereas, on February 25, 2019, the Fridley City Council (Council) authorized the creation of a Community Investment Fund No. 450 (CI Fund) to support capital costs associated with the parks and public utilities maintained by the City, effective December 31, 2018; and Whereas, Section 7.10 of the City Charter (Charter) requires the Council to adopt a resolution stipulating the structure and terms of any interfund loan; and Whereas, on May 26, 2020 the Council adopted Resolution No. 2020-23, which approved an Interfund Loan (Loan) from the CI Fund to the Sanitary Sewer Utility Fund No. 602 (Utility Fund) to support the design, engineering, construction, utility extensions and other reasonable expenses rd related to the 53 Avenue Lift Station Improvement Project, Project No. 20519; and Whereas, the Utility Fund had sufficient reserves to pay for the entire project out of fund balance; and Whereas, the Utility Fund will pay a loan issuance fee to the Community Investment Fund (CIF Fund) in the amount of $1,020 due to the time put in by finance staff to initiate this loan. Now, therefore be it resolved, that the City Council of the City of Fridley hereby cancels the rd Interfund Loan for the 53 Avenue Lift Station Improvement Project. nd Passed and adopted by the City Council of the City of Fridley this 22 day of November, 2021. _______________________________________ Scott J. Lund Mayor Attest: ________________________________________ Melissa Moore City Clerk 9: Jufn!9/ AGENDA REPORT Meeting Date:November 22, 2021 Meeting Type:City Council Submitted By:Korrie Johnson, Acting Finance Director Title Resolution No. 2021-117,Approving Proposed 2022Rates and Fees for the Public Utilities and Solid Waste Abatement Background At the November 8, 2021 City Council Conference Meeting, the Fridley City Council (Council) reviewed the proposed utility rates and recycling service for 2022. In addition, utility rates were reviewed at the September 10, 2021Council meeting along with the Proposed 2022 budget. The changes in rates presented are as follows: a 3% increase in fixed and variable rates for both water and sanitary sewer, a 10% increase in the fixed rate for storm water and a 9% decrease in the fixed rate for solid waste abatement (recycling). Financial Impact The proposed changes in the various chargesforservice will allow each fund to respond to its various cost pressures while improving the sustainability of their operations and limiting the need for future borrowing to support certain capital expenditures. These recommended changes also allow the City to provide stable and predictable rates changes over time, while responding to various cost pressures. It will also allow each fund to maintain their cash and fund balances at level required by City policy. Recommendation Staff recommend the approval of Resolution No. 2021-117. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2021-117 Exhibit A:Utility Rates and Fees Exhibit B:Comparison of 2021 Rates to 2022 Proposed Rates Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. :1 Jufn!9/ Resolution No. 2021-117 Approving Water, Sanitary Sewer, Storm Water and Solid Waste Abatement Charges and Rates for the Year 2022 Whereas, Section 402 of the Fridley City Code (City Code) provides that the City Council shall have the authority to set water and sanitary sewer utility charges, fees and rates by resolution; and Whereas, Section 216 of the City Code provides that the City Council shall also have the authority to set the drainage rate by resolution; and Whereas, Section 113 of the City Code provides that the City Council shall also have the authority to set solid waste abatement (i.e., recycling) charges, fees and rates by resolution; and Whereas, changes in the various chargesforservice will allow each fund to respond to its various cost pressures while improving the sustainability of their operations and limiting the need for future borrowing to fund ordinary capital expenditure; and Whereas, the following charges, rates and fees shall be effective upon the first billing cycle of 2022. Now, therefore be it resolved, that the City Council of the City of Fridley hereby establishes the following charges, fees and rates for each of the public utility and solid waste abatement funds for 2022 as shown in exhibit A. Passed and adopted by the City Council of the City of Fridley this 22nd day of November, 2022. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk :2 Jufn!9/ Exhibit A 2022 Utility Rates and Fees Volume Rate Quarterly (Per 1000 Utility Fund and User ClassificationUsage NotesFixed Chargegallons)Per Unit Water Utility Residential Quarterly Consumption Tiers 0-8,000$ 22.20$ 2.53 1000 gallons 8,001-16,000$ 22.20$ 2.92 1000 gallons 16,001-24,000$ 22.20$ 3.50 1000 gallons over 24,000$ 22.20$ 4.37 1000 gallons Multifamily All Usage$ 22.20$ 2.92 1000 gallons Commercial Quarterly Consumption Tiers 0-250,000see below$ 2.53 1000 gallons 250,001-500,000see below$ 3.00 1000 gallons 500,001-1,000,000see below$ 3.45 1000 gallons over 1 millionsee below$ 3.96 1000 gallons Meters less than 1"$ 22.20see abovesee above Meters 1" and greater$ 61.50see abovesee above Irrigation All Usage$ 22.20$ 4.37 1000 gallons Sanitary Sewer Utility Winter Quarter Residential (includes 8,000 gallons)$ 54.10$ 6.50 1000 gallons Water Usage Winter Quarter Multifamily, 3 units or less (includes 24,000 gallons)$ 108.30$ 6.50 1000 gallons Water Usage Current Quarter Multifamily, 4 units or more$ 24.40$ 6.50 1000 gallons Water Usage Current Quarter Commercial/Industrial$ 24.40$ 6.50 1000 gallons Water Usage Storm Water Utility Per Acre$ 33.60n/aper acre Residential Equivalency Factor (REF)$ 11.10n/aREF per qtr. Solid Waste Abatement (i.e., Recycling) Residential, 12 units or less$ 10.20n/aper quarter :3 Jufn!9/ Exhibit B Comparison of 2021 Rates to 2022 Proposed Rates 2021 - Final2022 - Proposed Volume Quarterly Volume Quarterly Fixed Change Volume Rate Utility Fund and User ClassificationUsage NotesFixed ChargeRatePer UnitFixed Charge(%)RateChange (%)Per Unit Water Utility Residential Quarterly Consumption Tiers 0-8,000$ 21.60$ 2.461000 gallons$ 22.203%$ 2.533.0%1000 gallons 8,001-16,000$ 21.60$ 2.831000 gallons$ 22.203%$ 2.923.0%1000 gallons 16,001-24,000$ 21.60$ 3.401000 gallons$ 22.203%$ 3.503.0%1000 gallons over 24,000$ 21.60$ 4.241000 gallons$ 22.203%$ 4.373.0%1000 gallons Multifamily All Usage$ 21.60$ 2.831000 gallons$ 22.203%$ 2.923.0%1000 gallons Commercial Quarterly Consumption Tiers 0-250,000see below$ 2.461000 gallonssee belowsee below$ 2.533.0%1000 gallons 250,001-500,000see below$ 2.911000 gallonssee belowsee below$ 3.003.0%1000 gallons 500,001-1,000,000see below$ 3.351000 gallonssee belowsee below$ 3.453.0%1000 gallons over 1 millionsee below$ 3.851000 gallonssee belowsee below$ 3.963.0%1000 gallons Meters less than 1"$ 21.60see abovesee above$ 22.203%see abovesee abovesee above Meters 1" and greater$ 59.70see abovesee above$ 61.503%see abovesee abovesee above Irrigation All Usage$ 21.60$ 4.241000 gallons$ 22.203%$ 4.373.0%1000 gallons Sanitary Sewer Utility Winter Quarter Residential (includes 8,000 gallons)$ 52.50$ 6.311000 gallons$ 54.103%$ 6.503.0%1000 gallons Water Usage Winter Quarter Multifamily, 3 units or less (includes 24,000 gallons)$ 105.10$ 6.311000 gallons$ 108.303%$ 6.503.0%1000 gallons Water Usage Current Quarter Multifamily, 4 units or more$ 23.70$ 6.311000 gallons$ 24.403%$ 6.503.0%1000 gallons Water Usage Current Quarter Commercial/Industrial$ 23.70$ 6.311000 gallons$ 24.403%$ 6.503.0%1000 gallons Water Usage Storm Water Utility Per Acre$ 30.50n/aper acre$ 33.6010%n/an/aper acre $ 10.10REF per qtr.$ 11.1010%n/aREF per qtr. Residential Equivalency Factor (REF)n/an/a Solid Waste Abatement (i.e., Recycling) Residential, 12 units or less$ 11.20n/aper quarter$ 10.20-9%n/an/aper quarter :4