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05-13-2024 City Council Meeting May 13, 2024 7:00 PM Fridley City Hall, 7071 University Avenue N.E. Agenda Call to Order The Fridley City Council (Council) requests that all attendees silence cell phones during the meeting. A paper copy of the Agendais at the back of the Council Chambers. A paper copy of the entire Agenda packet is at the podium. FridleyMN.gov/1564/Agenda- Center. Pledge of Allegiance Proclamations/Presentations 1.Proclamation for National Police Week and Peace Officers Memorial Day 2.Proclamation for Public Works Week Proposed Consent Agenda The following items are considered to be routine by the Council and will be approved by one motion. There will be no discussion of these items unless a Councilmember requests, at which time that item may be moved to the Regular Agenda. Meeting Minutes 3.Approve the Minutes from the City Council Meeting of April 22, 2024 4.Receive the Minutes from the City Council Conference Meeting of April 8, 2024 5.Receive the Minutes from the City Council Conference Meeting of April 22, 2024 6.Receive the Minutes from the Planning Commission Meeting of April 17, 2024 New Business 7.Resolution No. 2024-60, Approving and Authorizing the Signing of an Agreement with the City of Coon Rapids for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2023 Local Solicitation 8.Resolution No. 2024-64, Approving Single Source Acquisition for Critical Incident Mitigation, De- escalation and Rescue Vehicle Claims 9.Resolution No. 2024-62, Approving Claims for the Period Ending May 8, 2024 2 City Council Meeting 5/13/2024 Agenda Page 2 Open Forum The Open Forum allows the public to address the Council on subjects that are not on the Regular Agenda. The Council may take action, reply, or give direction to staff. Please limit your comments to five minutes or less. Regular Agenda The following items are proposed for the Council's consideration. All items will have a presentation from City staff, are discussed, and considered for approval by separate motions. Public Hearing(s) 10. Public Hearing and First Reading for Ordinance No. 1423, Allowing Electric Security Fences on Certain Industrial Properties New Business 11. Resolution No. 2024-61, Approving a Water Supply Agreement with Brand-Broadway Associates for the Fridley Terrace Mobile Home Park 12. Resolution No. 2024-63, Approving and Authorizing Final Budget Reappropriation for Certain Funds for the Fiscal Year Ending December 31, 2023 Informal Status Reports Adjournment Accessibility Notice: !If you need free interpretation or translation assistance, please contact City staff. !Si necesita ayuda de interpretación o traducción gratis, comuníquese con el personal de la ciudad. !Yog tias koj xav tau kev pab txhais lus los sis txhais ntaub ntawv dawb, ces thov tiv tauj rau Lub Nroog cov neeg ua hauj lwm. !Haddii aad u baahan tahay tarjumaad bilaash ah ama kaalmo tarjumaad, fadlan la xiriir shaqaalaha Magaalada. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any City of Fridley services, programs or activities. Hearing impaired persons who need an interpreter or other persons who require auxiliary aids should contact CityClerk@FridleyMN.gov or (763) 572-3450. 3 (___ CITY COUNCIL MEETING liar J (flVOf May 13, 2024 Fridley 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. SIGN IN SHEET If you wish to address the City Council, please sign in so that staff or a member of the City Council may contact you. Thank you. Name Email Phone Item No. Jufn!2/ AGENDA REPORT Meeting Date:May 13, 2024 Meeting Type:City Council Submitted By:Ryan George, Public Safety Director Title Proclamation for National Police Week and Peace Officers Memorial Day Background The City of Fridley annually proclaims National Police Week and Peace Officers Memorial Day to recognize and honor the current and former members of our law enforcement community. Financial Impact None Recommendation Staff recommend the City Council proclaim May 12-18, 2024, as National Police Week, and May 15, 2024, as Peace Officers Memorial Day. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Proclamation for National Police Week and Peace Officers Memorial Day Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!2/ Proclamation National Police Week: May 12-18, 2024 Peace Officers Memorial Day: May 15, 2024 Whereas, the quality of life in the United States is preserved and enhanced by the diligent efforts of our law enforcement personnel; and Whereas, 800,000 men and women in the United States, including more than 11,000 Minnesota peace officers, and 46 Fridley police officers serve their fellow citizens as law enforcement officers; and Whereas, the first recorded police officer death was in 1786; and Whereas, nationally an average of 100 officers are killed in the United States each year; and Whereas, on average nationally, over 60,000 officers are assaulted resulting in over 18,000 injuries; and Whereas, Minnesota has lost 268 law enforcement officers in the line of duty since 1874 and the national toll exceeds 23,000 fallen officers; and Whereas, on May 15, 2024, Fridley police officers will join all U.S. peace officers and the families of their fallen comrades to honor those officers and all others who have made the ultimate sacrifice. In witness whereof, I have set my hand and caused the seal of the City of Fridley to be affixed th this 13day of May, 2024. _____________________________________________________ Scott J. Lund -Mayor We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 5 Jufn!3/ AGENDA REPORT Meeting Date:May 13, 2024 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Jeffrey Jensen, Operations Manager-Streets, Parks, and Facilities Title Proclamationfor Public Works Week Background The City of Fridley (City) issues a proclamation for Public Works Weekin May every year to recognize the numerous Public Works professionalswhofocus on infrastructure, facilities and services. Their work is of vital importance to the public health, high quality of life and well-being of the people of theCity. Financial Impact None Recommendation Staff recommend the City Council proclaim May19-25, 2024, as Public Works Weekin the City of Fridley. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Public Works WeekProclamation Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 6 Jufn!3/ Proclamation Public Works Week May 1925, 2024 Whereas, Public Works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of the City of Fridley; and Whereas, these infrastructure, facilities, and services could not be provided without the dedicated efforts of Public Works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting c buildings, and other structures and facilities essential for our citizens; and Whereas, it is in the public interest for the citizens, civic leaders and children in Fridley to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and Whereas, the safety, vibrancy, and stability of our community greatly depends on the quality and effectiveness of these systems and the services they provide. Nowtherefore, be it resolved, that I, Scott, J. Lund, Mayor of the City of Fridley, do hereby proclaim the week of May 19-25, 2024, as Public Works Week in the City of Fridley. In witness whereof, I have set my hand and causedthe sealof the City of Fridley to th be affixed this 13day of May, 2024. _______________________________________________ Scott J. Lund -Mayor We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 7 Jufn!4/ AGENDA REPORT Meeting Date:May 13, 2024 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Approve the Minutes from the City Council Meeting of April 22, 2024 Background Attached are the minutes from the City Council meeting of April 22, 2024. Financial Impact None. Recommendation Staff recommend the approval of the minutes from the City Council meeting of April 22, 2024. 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 April 22, 2024 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 8 Jufn!4/ City Council Meeting April 22,2024 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Mayor Lund called the City Council Meeting of April 22,2024, to order at 7:00 p.m. Present Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Ryan Evanson Councilmember Ann Bolkcom Absent Others Present Walter Wysopal, City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Joe Starks, Finance Director Sarah Sonsalla, City Attorney Pledge Of Allegiance Proclamations/Presentations 1.Arbor Month Proclamation and Presentation of Tree City USA Award. Mayor Lund proclaimed May 2024 as Arbor Month in the City of Fridley and accepted the Tree City USA Award for 2023. Jim Kosluchar, Public Works Director, recognized the many members of staff whoassistin this area. recognized the City the past seven years for its urban forestry initiatives. 2.Award for Outstanding Achievement in Popular Annual Financial Reporting. Joe Starks, Finance Director, presented the 2022 Popular Annual Financial Report (PAFR) which presents the annual financial information in an easily readable format. He reported the City once again received an awardfor the reporting. 9 Jufn!4/ City Council Meeting 4/22/2024 Minutes Page 2 Approval of Proposed Consent Agenda Motion made by Councilmember Bolkcom to adopt the proposed Consent Agenda. Seconded by Councilmember Tillberry. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Approval/Receipt of Minutes 3.!Approve the Minutes from the City Council Meeting of April 8, 2024. 4.!Receive the Minutes from the Local Board of Appeals and Equalization Meeting of April 8, 2024. 5.!Receive the Minutes from the Parks and Recreation Commission Meeting of March 4, 2024. 6.!Receive the Minutes from the Housing and Redevelopment Authority Meeting of February 2, 2024. 7.!Receive the Minutes from the City Council and Housing and Redevelopment Authority (HRA) Joint Conference Meeting of February 1, 2024. 8.!Receive the Minutes from the City Council and Housing and Redevelopment Authority (HRA) Joint Conference Meeting of April 4, 2024. New Business 9.!Ordinance No. 1421, Amending the Name, Boundaries, Powers and Construction of Government Chapter of the Fridley City Charter (Second Reading). 10.!Ordinance No. 1422, Amending the Fridley City Code Chapter 105, Commissions, to Establish a Public Arts Commission (Second Reading). 11.!Resolution No. 2024-48, Approving a Six-Month Extension for Approval of the Final Registered Land Survey (RLS), PS #23- (HRA) for the Property Located at 5660 Main Street N.E. 12.!Resolution No. 2024-54, Approving City of Fridley Park Bench Sponsorship Guidelines. 13.!Resolution No. 2024-54, Approving Gifts, Donations and Sponsorships Received Between March 16, 2024, and April 12, 2024. 14.!Resolution No. 2024-58, Authorizing the Granting of Easements to Anoka County for the Rice Creek West Regional Trail and also Authorizing the Execution of Declarations Related to the State Bond Financing with Respect to Locke Park and the Rice Creek West Regional Trail. : Jufn!4/ City Council Meeting 4/22/2024 Minutes Page 3 Licenses 15. Resolution No. 2024-49, Approving 2024-2025 Business License Renewals. Claims 16. Resolution No. 2024-57 Approving Claims for the Period Ending April 17, 2024. Open Forum, Visitors: (Consideration of Items not on Agenda 15 minutes.) Mayor Lund introduced the members of the newly established Public Arts Commission who were in attendance. He thanked them for their service and welcomed them to the new Commission. Mayor Lund noted a comment he received from a resident requesting woodchips on the path around Farr Lake. Adoption of Regular Agenda Motion made by Councilmember Bolkcom to adopt the regular agenda. Seconded by Councilmember Tillberry. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Regular Agenda Public Hearing(s) 17. Public Hearing and Resolution No. 2024-53, Approving an Easement Vacation Request, SAV #24-01 for Natasha Lawrence, Property Owner of 6677 Lucia Lane N.E. (Ward 2). Motion made by Councilmember Evanson to open the public hearing. Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Jim Kosluchar, Public Works Director, presented a request from Natasha Lawrence who owns the property at 6677 Lucia Lane for an easement vacation. He provided background information on previous lot splits and lot combinations that had been completed on the property. He noted that following the lot combination, there are two small easements that previously ran along the now eliminated lot line and would need to be vacated in order to support the construction of a new home. He asked Council to hold a public hearing and noted staff recommends adoption of the resolution as presented. Mr. Lawrence commented that they plan to preserve the wetland and existing trees to the extent possible. 21 Jufn!4/ City Council Meeting 4/22/2024 Minutes Page 4 Motion made by Councilmember Ostwald to close the public hearing, Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Motion made by Councilmember Evanson to adopt Resolution No. 2024-53, Approving an Easement Vacation Request, SAV #24-01 for Natasha Lawrence, Property Owner of 6677 Lucia Lane N.E. (Ward 2). Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. New Business 18. Resolution No. 2024-51, Awarding 2024 Neighborhood Parks Improvements Project No. 24-70457. Mr. Kosluchar provided background information on the Park System Improvement Plan and the parks identified for improvement in 2024, noting that the scope of improvements varies based on the input received for the plan. He provided a brief overview of the scheduled improvements for Sylvan Hills, Edgewater Gardens, Plymouth Square, and Logan parks. He noted the timing of Sylvan Hills will be fall/winter because of the planned improvements to water treatment in conjunction with MWMO but the other three park projects were bid together with Peterson Companies, Inc., of Chisago City, presenting the lowest bid at $725,600.74. He reviewed the tentative project schedule, should the project be awarded tonight along with the next steps. Councilmember Bolkcom asked if the parks would be closed during construction. Mr. Kosluchar confirmed that the parks would be closed during construction but was not yet sure of the phasing for the parks. He stated that up-to-date information can be found on the project page of the City website. He noted that there will also be signage posted at the parks. Motion made by Councilmember Ostwald to adopt Resolution No. 2024-51, Awarding 2024 Neighborhood Parks Improvement Project No. 24-70457. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 19. Resolution No. 2024-52, Awarding 2024 Street Rehabilitation Project No. ST2024-01 Mr. Kosluchar provided background information and reviewed the scope of the proposed project along with the streets proposed for inclusion. He provided additional details on the project elements and traffic calming proposed for Channel Road. He reviewed the details of the project bidding with the lowest responsive bidder identified as North Valley Inc., of Nowthen, with a bid total of $1,480,112.50. He reviewed the proposed project funding sources, tentative schedule, and next steps should the project be approved tonight. Staff recommends adoption of the resolution as presented. 22 Jufn!4/ City Council Meeting 4/22/2024 Minutes Page 5 Councilmember Evanson recognized that there was a lot of conversation about traffic calming and noted that while the traffic circle was desired by residents, it was determined not to be feasible. Mr. Kosluchar confirmed that the traffic circle was not feasible for large vehicles, such as buses and therefore the speed humps were chosen to move forward. Motion made by Councilmember Evanson to adopt Resolution No. 2024-52, Awarding 2024 Street Rehabilitation Project No. ST2024-01. Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 20. Resolution No. 2024-55, Appointing Members to the Public Arts Commission It was noted that this item was a duplicate as it was placed on the Consent Agenda. 21. Resolution No. 2024-59, Approving Donations Received Between March 16, 2024, and April 12, 2024, from the Fridley Lions Club Wally Wysopal, City Manager, noted that this item would have typically been placed on the Consent Agenda, but because Councilmember Ostwald is the President of the Fridley Lions Club, this was placed on the regular agenda to allow him to abstain from voting. Councilmember Ostwald recused himself from this item. Motion made by Councilmember Bolkcom to adopt Resolution No. 2024-59, Approving Donations Received between March 16, 2024, and April 12, 2024, from the Fridley Lions Club. Seconded by Councilmember Tillberry. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Councilmember Ostwald rejoined the Council. 20. Resolution No. 2024-55, Appointing Members to the Public Arts Commission (Continued). Mr. Kosluchar requested that the Council return to this item to approve the resolution. Motion made by Councilmember Bolkcom to adopt Resolution No. 2024-55, Appointing Members to the Public Arts Commission. Seconded by Councilmember Tillberry. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Informal Status Reports Councilmember Tillberry thanked the Fridley Lions Club for their continued donations, recognizing the great community partner. 23 Jufn!4/ City Council Meeting 4/22/2024 Minutes Page 6 Adjourn Motion made by Councilmember Ostwald to adjourn. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously and the meeting adjourned at 7:54 p.m. Respectfully Submitted, Melissa Moore Scott J. Lund City Clerk Mayor 24 Jufn!5/ AGENDA REPORT Meeting Date:May 13, 2024 Meeting Type:City Council Submitted By:Roberta S. Collins, Assistant to the City Manager Title Receive the Minutes from theCity Council Conference Meeting of April 8, 2024 Background Attached are the minutes from the City Council conference meeting of April 8, 2024. Financial Impact Recommendation Receive the minutes from theCity Council conference meeting ofApril 8, 2024. 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 Conference Meeting of April 8, 2024 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 25 Jufn!5/ Council Conference Meeting April 8, 2024 5:00P.M. Fridley City Hall, 7071 University Avenue NE Minutes Roll Call Present:Mayor Scott Lund Councilmember Dave Ostwald Councilmember Ryan Evanson Councilmember Tom Tillberry Councilmember Ann Bolkcom Others Present:Walter Wysopal, City Manager Scott Hickok, Community Development Director Brandon Brodhag, Assistant City Engineer Anoka County Staff Items for Discussion 1.Update on Anoka County Mississippi Street Roundabout Projects at Old Central and 7th Street. Anoka County staff presented an update for the roundabout at Central Avenue and Mississippi Street. th The 7Street roundabout was also introduced. There will be an open house for this project in early May. 2. Rental Inspections Update. Scott Hickok, Community Development Director, gave a presentation on the year-end statistics for the rental inspection program. 26 Jufn!6/ AGENDA REPORT Meeting Date:May 13, 2024 Meeting Type:City Council Submitted By:Roberta S. Collins, Assistant to the City Manager Title Receive the Minutes from theCity Council Conference Meeting of April 22, 2024 Background Attached are the minutes from the City Council conference meeting of April22, 2024. Financial Impact Recommendation Receive the minutes from theCity Council conference meeting ofApril 22, 2024. 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 Conference Meeting of April 22,2024 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 27 Jufn!6/ Council Conference Meeting April 22, 2024 5:30P.M. Fridley City Hall, 7071 University Avenue NE Minutes Roll Call Present:Mayor Scott Lund Councilmember Dave Ostwald Councilmember Ryan Evanson Councilmember Tom Tillberry Councilmember Ann Bolkcom Others Present:Walter Wysopal, City Manager Ryan George, Public Safety Director Jim Kosluchar, Public Works Director Mike Maher, Parks and Recreation Director Joe Starks, Finance Director Seargeant Nick Steiger Sergeant Tyler Abrahamson Items for Discussion 1.Critical Incident Mitigation, De-Escalation, and Rescue Vehicle Proposal. Sergeant Nick Steiger provided information to Council regarding the desire to purchase a critical incident mitigation, de-escalation and rescue vehicle to improve our response to high-risk situations, such as active shooters and barricaded subjects. 2.Finance Update March 2024, Year-to-Date. Joe Starks, Finance Director, provided Council with a Finance update for March, 2025. 3.2025 Budget Outlook and Objectives. Joe Starks, Finance Director, provided an overview of economic conditions and relative factors related to deliberating the 2025 budget. 4.Islands of Peace Discussion. Walter Wysopal, City Manager, guided Council through a discussion of the Joint Powers Agreement with Anoka County related to Islands of Peace Park. 28 Jufn!7/ AGENDA REPORT Meeting Date:May 13, 2024 Meeting Type:City Council Submitted By:Julianne Beberg, Office Coordinator Title Receive the Minutes from the Planning Commission Meeting of April 17, 2024 Background Attached are the Minutes from the April 17, 2024Planning Commission Meeting. Financial Impact None Recommendation Staff recommend the City Council receive the April 17, 2024Planning Commission Minutes. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Planning Commission Minutes April 17, 2024 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 29 Jufn!7/ Planning Commission April 17,2024 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Chair Hansencalled the Planning Commission Meeting to order at 7:00 p.m. Present Pete Borman Aaron Brom Mark Hansen Mike Heuchert Aaron Klemz Ross Meisner Absent John Buyse II Others Present Nancy Abts, Associate Planner Stacy Stromberg, Planning Manager Michael Pate, Amarok Brett Bullock, Electric Motor Supply, 4650 Main Street N.E. Approval of Meeting Minutes 1.Approve February 21,2024, Planning Commission Minutes Motionby Commissioner Meisnerto approve the minutes. Seconded by Commissioner Heuchert. Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously. Public Hearing 2.Public Hearing for Text Amendment 2024-01: Electric Security Fences Motionby Commissioner Meisnerto open the public hearing. Seconded by Commissioner Heuchert. Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the public hearing was opened at 7:02p.m. 2: Jufn!7/ Planning Commission 4/17/2024 Minutes Page 2 Nancy Abts, Associate Planner, stated that the case tonight is to consider a text amendment to allow 10-foot-tall electric security fences at all properties not zoned exclusively for residential use. She stated that Amarok, the applicant, has previously requested Interim Use Permits (IUPs) for electric security fences at 3737 East River Road (approved December 22, 2023) and 4650 Main Street (denied March 11, 2024). She reviewed the discretion that the City would have when reviewing a request for a text amendment. She discussed what is currently allowed under City Code for barbed wire security fences on industrial properties. She stated that staff would suggest mirroring those allowances for electric security fences and reviewed the specific proposal method of approval suggested by staff. She stated that staff recommends approval of the ordinance amendment as prepared. She noted that the City may also delay consideration until State preemption legislation is addressed, or the fence ordinance is recodified. Commissioner Meisner acknowledged that this would largely mirror the language related to barbed wire. He asked for details on the guidelines for height of solid fences. Ms. Abts replied that currently fences are only regulated on the basis of height, not opacity. Commissioner Klemz asked whether the change would apply across the city or only to the areas that allow barbed wire fencing. Ms. Abts replied that the majority of this amendment would specifically apply to industrial districts. Commissioner Klemz asked if the owner/operator of the fence would be required to provide access for emergency personnel. Ms. Abts commented that the Fire Marshal has been active in this process and explained that an ordinance is meant to provide a balance of the direction and allowances without going into every detail. She explained that type of access would be addressed through the building permit process. Commissioner Borman asked for, and received, clarification on the owner of the property at 4650 Main Street. Commissioner Heuchert referenced language proposed in the amendment as shown in the packet and asked for clarification. Ms. Abts explained that both the version proposed by Amarok and the version proposed by staff were included in the packet for the Commission to review. Commissioner Borman stated that he questioned whether the better deterrent would be the barrier in front of the electric fence, or the electric fence itself. Brett Bullock, owner of 4650 Main Street, commented that their issue is that people are cutting through the chain link fence. He stated that if they were to have the electric fence, someone would need to cut the chain link and if they attempted to cut the electric fence, they would then be notified as it is connected to a security system. Michael Pate, Amarok, commented that a solid fence is horrible for security as once behind the fence people cannot see what an intruder may be doing. Commissioner Klemz asked the reason for submitting this request while there is also a request to preempt City zoning controls through the legislature. Mr. Pate stated that he is unsure if either the 31 Jufn!7/ Planning Commission 4/17/2024 Minutes Page 3 text amendment or legislation will be approved, which is why both processes are running at the same time. Mr. Pate commented that the text amendment they submitted is unrecognizable after the work of City staff. He stated that he is the applicant and there was no communication from staff before making these changes. He provided details on the international standards that his fences comply with and explained that those standards should be included in the draft to ensure safety. He identified other elements of the staff drafted amendment that would not be satisfactory and would not match standards for electric fences. He confirmed that he objects to the language as drafted by staff. He asked the Commission to review the draft that he proposed and go from there. He recognized that the location where the device could be used would be up for debate but the standards under which the devices are tested and regulated must be included. Commissioner Klemz asked if there is an objection to referencing those standards. Ms. Abts explained that she consulted with staff from Crystal who had processed, and denied, the exact same text amendment request from Amarok. In the process she learned that the IEC standard is not adopted in Minnesota and therefore not considered enforceable by the Building Official. Mr. Pate commented that American National Standards Institute (ANSI) could be referenced in place of IEC. He commented that if the language is put into City Code, it would then be enforceable. Commissioner Meisner references a five foot fence height, but he also described that as insufficient and asked for clarification. Mr. Pate commented that five feet is sufficient for the barrier fence outside the electric fence. Commissioner Brom asked if there is a reason this is proposed to be restricted to properties near the railroad. Ms. Abts commented that staff proposed limiting the location of these fences to preserve the neighborhood character of many areas of Fridley and right size the solution for Fridley. Motion by Commissioner Meisner to close the public hearing. Seconded by Commissioner Heuchert. Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the public hearing was closed at 7:33 p.m. Commissioner Klemz commented that he likes the restriction for locations. He believed that this proposed amendment, as drafted by staff, would allow the specific use on the property requested at the last meeting. He was troubled that the City is spending this amount of time and resources on this issue when there is also preemptive legislation being lobbied by the same applicant that is before them. Commissioner Meisner stated that he also likes the draft recommended by staff as it makes the application appropriate for Fridley. He stated that he prefer to see a definition or some type of standard. He agreed that it would be appropriate to limit the application of this type of fence to the railroad properties at this time, as he would prefer to start small with this. 32 Jufn!7/ Planning Commission 4/17/2024 Minutes Page 4 Commissioner Heuchert stated that he does have concerns with not having standards for the electric current of the fence. He stated that he supports the eight-foot barrier fence and could see expanding this use to the entire industrial area of the community as long as it is not adjacent to residential property. Chair Hansen commented that there have been multiple comments related to the desire for a definition of electric fence and the strength of current allowed. He also recognized the openness of Commissioner Heuchert to perhaps open up the industrial area and remove the stipulation of the railroad tracks. Ms. Abts commented that it would be appropriate to add the recommendations as part of the motion if there are desired modifications to the amendment proposed. Commissioner Meisner asked staff for input on the issue of solid versus non-solid barrier fence. Ms. Abts replied that staff was interested in preventing someone from poking through a barrier fence. She noted that the solid barrier fence used by Copart, which is eight feet tall, provides a good barrier. for that. Ms. Abts replied that there is not as it is meant to be flexible and provide some options for businesses. Commissioner Klemz stated that while he would be open to allowing the use in other industrial areas, there would need to be stipulations placing a limit on the proximity to residential properties. Commissioner Brom commented that he would be open to that as well. Commissioner Meisner stated that while he is also open to that, he is also fine beginning with this as a starting point to see how the community responds. He noted that they can always amend in the future to open the use outside of the railroad corridor. Chair Hanson stated that he would be open to adding a definition for electric fence and would err on the side of caution as to where this is allowed, taking this first step and then considering opening to more areas in the future. Commissioner Borman stated that he also works for a company that had an issue with theft and their solution to deter theft was not to use an electric fence. He stated that he would be opposed to this as he did not believe that an electric fence is the right solution to protect properties. Commissioner Brom commented that he believes that the applicant made a strong case of why they believe this would be the right form of security. Commissioner Borman commented that if a chain link fence is continually being cut, then perhaps something other than a chain link fence is needed. Motion by Commissioner Meisner approving the text amendment as drafted by staff with the stipulation that some type of performance or minimum safety standard is provided for the operation of the electric fence. Seconded by Commissioner Klemz. Upon a voice vote, all voting aye, Chair Hansen declared the motion carried with a vote of 5 -1 (Borman opposed). 33 Jufn!7/ Planning Commission 4/17/2024 Minutes Page 5 Other Business Ms. Abts noted the housing grant programs available to all Fridley homeowners, noting that more information can be found on the City website. Stacy Stromberg, Planning Manager, reported that the Planning Commission will be holding a meeting in May but will not be holding its regular June meeting. Adjournment Motion by Commissioner Klemz to adjourn the meeting. Seconded by Commissioner Brom. Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the meeting adjourned at 7:56 p.m. Respectfully submitted, Amanda Staple, Recording Secretary 34 Jufn!8/ AGENDA REPORT Meeting Date:May 13, 2024 Meeting Type:City Council Submitted By:Steve Monsrud, Deputy Director of Public Safety Title Resolution No. 2024-60, Approving and Authorizing the Signing of an Agreement with the City of Coon Rapids for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2023 Local Solicitation Background Each year, the Bureau of Justice Assistance (BJA), a division of the U.S. Department of Justice, makes funds available to help state, local, and tribal jurisdictions reduce and prevent crime, reduce recidivism, and promote a fair and safe criminal justice system. The City of Fridley (City) has applied for and received annualBJA awards. The City has drawn down all availablefunds and completed federal reporting requirements for its previous BJAawards. The City of Coon Rapids (Coon Rapids) applied for fiscal year 2023funds through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, which is administered by the BJA, for the purchase of protective face shields, night vision optics, GPS tracking units, portable charging packs, remote cameras, trail cameras, pole cameras, and an investigator tool kit.They wereawarded $27,598under award #15PBJA-23-GG-03525-JAGXfor the purpose specifiedin the grant application. For the third consecutive year, and for unknown reasons, the JAG award provided to Coon Rapids included the City as an additional party. Director George worked directly with the BJA to determine why the City was once again bein provide an explanation, and they have yet to remedy the error. TBJAor meet federal reporting requirements because the funds were requested by Coon Rapids for a specific purpose. Coon Rapids is unable to draw down funds from their award until the City formally declines participation in their BJA award by means of an agreement between the City and Coon Rapids. Anoka County must also consent to the allocation of BJA funds before Coon Rapids can draw down their funds. Tocorrect the issue in 2023, Coon Rapids drafted a Memorandum of Understanding (Agreement) between the City, Coon Rapids, and Anoka County. The agreement was necessary for Coon Rapids to satisfy the conditions of their FY2022 BJA solicitation. It was reviewed by the City Attorney and was approved on May 17, 2023by Resolution No. 2023-28. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 35 Jufn!8/ For Coon Rapids to satisfy the conditions of their FY2023 BJA solicitation, a new agreement between the City, Coon Rapids, and Anoka County needs to be approved. The content of the agreement for FY2023 is the same as the FY2022 agreement that was approved last year, aside from updates that are specific to the JAG award. The FY2023 agreement has been reviewed by the City Attorney and is recommended for approval. Financial Impact The funds allocated to Coon Rapids were not requested by the City and are therefore not included in Recommendation Staff recommend the approval of Resolution No. 2024-60, Approving and Authorizing the Signing of an Agreement with the City of Coon Rapids for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2023 Local Solicitation. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2024-60 !Memorandum of Understanding Between the City of Fridley, the City of Coon Rapids and the County of Anoka Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 36 Jufn!8/ Resolution No. 2024-60 Approving and Authorizing the Signing of an Agreement with the City of Coon Rapids for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2023 Local Solicitation Whereas, Minnesota Statute § 471.59, subd. 1 allows two or more governmental units, by agreement entered into by their governing bodies, to jointly or cooperatively exercise any power common to both contracting parties; and further it allows one party to act on behalf of other participating units of government; and Whereas, the City of Fridley (City) has applied for and received annual grant awards from the Bureau of Justice Assistance; and Whereas, the City has drawn down all available funds and completed federal reporting requirements for its previous and current Bureau of Justice Assistance awards; and Whereas, the City of Coon Rapids (Coon Rapids) applied for fiscal year 2023 funds through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, which is administered by the Bureau of Justice Assistance, for the purchase of protective face shields, night vision optics, GPS tracking units, portable charging packs, remote cameras, trail cameras, pole cameras, and an investigator tool kit; and Whereas, Coon Rapids was awarded $27,598 in Bureau of Justice Assistance JAG funds under award #15PBJA-23-GG-03525-JAGX for the purpose specified in the grant application; and Whereas, the Bureau of Justice Assistance JAG award provided to Coon Rapids included the City as an additional party on the award, despite no additional request for Bureau of Justice Assistance funding from the City of Fridley in 2023; and Whereas, Coon Rapids encountered the same award allocation errors in 2023 for a FY2022 JAG award, and despite efforts to remedy the error, the Bureau of Justice Assistance was unable to determine why the City was listed as a co-recipient of the funds that Coon Rapids was awarded; and Whereas, the Bureau of Justice Assistance was able to confirm that the funds awarded to Coon Rapids were not funds previously awarded to the City under Bureau of Justice Assistance awards; and Whereas, the City did not request the specific Bureau of Justice Assistance funds that were received by Coon Rapids; and 37 Jufn!8/ Whereas, the City is unable to draw down funds from the Bureau of Justice or meet federal reporting requirements because the funds were requested by Coon Rapids for a specific purpose; and Whereas, Coon Rapids is unable to draw down funds from their award until the City formally declines participation in their Bureau of Justice Assistance award by means of an agreement between the City and Coon Rapids; and Whereas, Coon Rapids is unable to draw down funds from their award until the County of Anoka consents to the allocation of Bureau of Justice Assistance funds; and Whereas, a Memorandum of Understanding (Agreement) between the City, Coon Rapids, and the County of Anoka has been drafted by Coon Rapids for the purpose of satisfying all conditions of their Bureau of Justice Assistance solicitation for FY 2023. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves said agreement and the Mayor and the City Manager (or their designee) are hereby authorized to execute the attached Agreement. Passed and adopted by the City Council of the City of Fridley this 13th day of May, 2024. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 38 Jufn!8/ Anoka County Contract #C0010783 MEMORANDUM OF UNDERSTANDING FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FY 2023 LOCAL SOLICITATION THIS AGREEMENT is made and entered into on the ____ day of _______________, 2024, by and between the City of Coon Rapids, acting by and through its City Council, City of Fridley, acting by and through its City Council and Anoka County, acting by and through its County Commissioners, all of Anoka County, State of Minnesota witnesseth: WHEREAS, the City of Coon Rapids and City of Fridley received notice that it is eligible for a JAG grant in the amount of $27,598.00 for the purpose of law enforcement equipment. WHEREAS, JAG funding program requires Anoka County's consent to the allocation of JAG monies even though Anoka County is not directly receiving JAG monies; WHEREAS, City of Fridley is declining their direct allocation of the JAG monies, therefore City of Coon Rapids is eligible for their portion. WHEREAS, Minnesota Statute § 471.59, subd. 1 allows two or more governmental units, by agreement entered into by their governing bodies, to jointly or cooperatively exercise any power common to both contracting parties; and further it allows one party to act on behalf of other participating units of government; and WHEREAS, each governmental body, in performing governmental functions or in paying for the performance of government functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: And 39 Jufn!8/ NOW THEREFORE, the cities of Coon Rapids and Anoka County agree as follows: Section 1. Anoka consents to the allocation of JAG monies and how Coon Rapids will spend the JAG monies. Section 2. City of Fridley declines their direct allocation of JAG monies, consents to the allocation of their portion of JAG monies to Coon Rapids and how Coon Rapids will spend the JAG monies. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against the City of Coon Rapids other than claims for which liability may be imposed by the Minnesota Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against Anoka County other than claims for which liability may be imposed by the Minnesota Tort Claim Act. Section 5. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this agreement do not intend for any third party to obtain a right by virtue of this agreement. Section 7. By entering into this agreement, the parties do not intend to create any obligations 2 3: Jufn!8/ express or implied other than those set out herein; further, this agreement shall not create any rights in any party not a signatory hereto. Section 8. This Memorandum of Understanding may be executed in counterparts as of the day first written above. COUNTY OF ANOKA CITY OF COON RAPIDS By: _____________________________ By: _____________________________ Mike Gamache, Chair Jerry Koch, Mayor Anoka County Board Commissioners Dated: ___________________________ Dated: __________________________ By: _________________________________ By: _____________________________ Dee Guthman, Interim County Administrator Matt Stemwedel, City Manager Dated: ___________________________ Dated: __________________________ APPROVED AS TO FORM APPROVED AS TO FORM By: _____________________________ By: ____________________________ Bryan R. Lindberg David J. Brodie Assistant County Attorney City Attorney Dated: ________________________ Dated: __________________________ 3 41 Jufn!8/ CITY OF FRIDLEY By: _____________________________ Scott Lund, Mayor Dated: ___________________________ By: _________________________________ Wally Wysopal, City Manager Dated: ___________________________ APPROVED AS TO FORM By: _____________________________ Sarah Sonsalla City Attorney Dated: ________________________ 4 42 Jufn!9/ AGENDA REPORT Meeting Date:March 11, 2024 Meeting Type:City Council Submitted By:Joe Starks, Finance Director/City Treasurer Ryan George, Public Safety Director Title Resolution No. 2024-64, Approving Single Source Acquisitionfor Critical Incident Mitigation, De- escalation and Rescue Vehicle Background As was presented and discussed at the April 22 Conference Meeting, the Cityof Fridley (City)would like to purchase a critical incident mitigation, de-escalation, and rescue vehicle. The vehicle would be used to enhance public safety response capabilities and ensure the protection of both officers and citizens during critical incidents.ostile environments and facilitate the rescue of individuals while providing safety for law enforcement and EMS personnel. Based on the specificity of the piece of equipment, staff recommendsusing a single source to procure the item. Minnesota Statutes (M.S.) § 16C.02 subd.18states single source means an acquisition where, after a search, only one supplier is determined to be reasonably available for the required product, service, or construction item. The City did conduct a search and the Lenco BearCat was selected due to its reputation as a safe and reliable piece of equipment that is purpose-built for law enforcement use. Staff visited other agencies that own Lenco BearCat and had an opportunity to learn more about them. Additionally, M.S. §16C.10 subd.1 states that the solicitation process described in this chapter is not required when there is clearly a legitimately only a single source for the goods and services and the City has determined that the price has been fairly and re specifications, manufacturing techniques are proprietary and are protected by copyrights, trademarks, service marks, patents, nondisclosure agreements, noncompete agreements and exclusive supply agreementsand there are no other items or products available that offer identical functionality or performance characteristics, and Lenco determines the prices for the product to be fair and reasonable because of pre-competed federal and state supply schedules controlled by exclusive distribution. the City has determined the price has been fairly and reasonably established by evaluating the costs of other custom-built public safety vehicles that serve a highly specialized purpose. Financial Impact The approximatecost of the vehicle (and necessary 800MHz radio) is $415,000and funding would come from equipment fund revenues freed up by the use ofPublic Safety Aid on Public Safety equipment already budgeted for.The City received a one-time allotment of Public Safety Aid in December 2023 in the amount of $1,292,504. Vision Statement We believe Fridley willbe a safe, vibrant, friendly and stable home for families and businesses. 43 Jufn!9/ Recommendation Staff recommend the approval of Resolution No. 2024-64, Single Source Resolution for Critical Incident Mitigation, De-escalation, and Rescue Vehicle. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2024-64 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 44 Jufn!9/ Resolution No. 2024-64 Approving Single Source Acquisition for Critical Incident Mitigation, De-escalation and Rescue Vehicle Whereas, pursuant to Minnesota Statutes (M.S.) § 16C.02 subd. 18, single source means an acquisition where, after a search, only one supplier is determined to be reasonably available for the required product, service, or construction item; and Whereas, a search was conducted, and the Lenco BearCat was selected due to its reputation as a safe and reliable piece of equipment that is purpose-built for law enforcement use; and Whereas, staff visited other agencies that own Lenco BearCat and had an opportunity to learn more about them; and Whereas, pursuant to M.S. § 16C.10 subd. 1, the solicitation process described in this chapter is not required when there is clearly a legitimately only a single source for the goods and services and the City has determined that the price has been fairly and reasonably established; and Whereas, the City has determined the price has been fairly and reasonably established by evaluating the costs of other custom-built public safety vehicles that serve a highly specialized purpose; and Whereas, specifications, manufacturing techniques are proprietary and are protected by copyrights, trademarks, service marks, patents, nondisclosure agreements, noncompete agreements and exclusive supply agreements; and Whereas, there are no other items or products available that offer identical functionality or performance characteristics, and Lenco determines the prices for the product to be fair and reasonable because of pre-competed federal and state supply schedules controlled by exclusive distribution; and Whereas, Lenco Armored Vehicles, based in the United States, is the only manufacturer or authorized dealer of the Lenco BearCat, its variants or its equivalent. Therefore, be it resolved, that the City Council of the City of Fridley hereby approves and authorizes the single source procurement for a critical incident mitigation, de-escalation and rescue vehicle. th Passed and adopted by the City Council of the City of Fridley this 13 day of May, 2024. _______________________________________ Scott J. Lund Mayor Attest: ________________________________________ Melissa Moore City Clerk 45 Jufn!9/ MEMORANDUM Date:5/8/2024 To:Ryan George, Public Safety Director From:Tyler Abrahamson, Sergeant DEPT:Police RE:Armored Vehicle proposal Introduction/Purpose: I am writing to propose the acquisition of an armored police vehicle for the Fridley Police Department, with the aim of significantly enhancing public safety response capabilities and ensuring the protection of both officers and citizens during critical incidents. The introduction of such a vehicle will serve as a vital asset in our mission to safeguard the community and effectively respond to high-risk situations. Purpose and Utilization: The primary purpose of obtaining an armored police vehicle is to bolster our response capabilities during mass casualty incidents and high-risk scenarios, such as active shooter incidents or barricaded subjects. The vehicle's protective features will allow it to navigate into hostile environments, facilitating the rescue of injured individuals and ensuring the safety of law enforcement personnel. Additionally, the vehicle can serve as a means of safe evacuation for citizens trapped in dangerous situations. Multi-Purpose Use: The Bearcat, renowned for its versatility, serves as a linchpin in law enforcement operations, adeptly meeting diverse needs. Primarily, it functions as a crucial asset in mass casualty response scenarios, swiftly navigating through challenging terrain to provide essential support and facilitate rescue efforts. In planned criminal operations, it assumes a pivotal role as a strategic tool, allowing officers to tactically maneuver and gain crucial advantages, thereby enhancing situational control and minimizing risks. Furthermore, its armored construction provides a secure platform for both officers and community members during high-risk extractions, ensuring safety amid volatile situations. Additionally, the Bearcat's adaptability extends to serving as a mobile command center, offering centralized coordination and communication capabilities, thereby enhancing operational efficiency and response effectiveness. In essence, the Bearcat stands as a 46 Jufn!9/ multifaceted asset, embodying resilience and resourcefulness in safeguarding communities and upholding law enforcement objectives. Bearcat Introduction: Lenco has been manufacturing Bearcats since 2001, initially designed as armored vehicles for SWAT teams. Over time, Bearcats have evolved into versatile tools, renowned for their de- escalation capabilities. The Bearcat offers various packages, including rams, turrets, upgraded tires, and lighting options, enhancing its adaptability to different scenarios. The most popular law enforcement Bearcat models are the 4-door G2 and G3. These models can accommodate 10-12 officers along with additional equipment. Their open concept main compartments enable the extraction of multiple injured individuals from hostile locations. The main difference between the G2 and G3 models lies in their off-road capabilities. While the G2 with stock tires is suitable for road and flat surface off-roading, the G3 features heavy-duty run-flat tires, providing superior off-road traction and accessibility. Thank you for your time and consideration. G2 G2 upgraded tires G3 47 Jufn!9/ Features: Turret: All Bearcats come with a turret shield that can rotate, providing officers cover from threats directly in front of them. The newer Cupola model offers 360-degree coverage with ballistic-rated windows, ensuring officer safety while monitoring hostile situations. Ram:Both G2 and G3 Bearcats offer the option of a hydraulic-operated ram, facilitating forced entry into buildings during high-casualty events or search warrants, minimizing risks to officers and enhancing operational efficiency. Long Range Acoustic Device (LRAD):Bearcats can be equipped with a portable LRAD 450XL mounted on the roof, enabling long-range communication with individuals up to 5,000 feet away, enhancing crowd control and communication capabilities. 48 Jufn!9/ DRACO:The DRACO gas delivery system offers specialized breaching capabilities, deploying chemical gas canisters into buildings to de-escalate high-risk situations safely. 49 Jufn!9/ Conclusion: In conclusion, the acquisition of a Lenco Bearcat will greatly benefit the Fridley Public Safety Department. It will serve as a vital de-escalation tool, ensuring the safety of officers and community members during apprehensions and search warrants. Additionally, it will be an invaluable asset during mass casualty events, enabling effective response and rescue operations. By investing in a Bearcat, we prioritize the safety and security of our community, ensuring that Fridley remains a safe place for all residents. Tyler Abrahamson Patrol Sergeant Fridley Police Department 4: Jufn!:/ AGENDA REPORT Meeting Date:May 13, 2024 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Resolution No. 2024-62,Approving Claims for the Period Ending May 8, 2024 Background Attached is Resolution No. 2024-62and the claims report for the period endingMay 8, 2024. Financial Impact Included in the budget. Recommendation Staff recommend the approval of Resolution No. 2024-62, Approving Claims for the Period Ending May 8,2024. 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. 2024-62 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 51 Jufn!:/ Resolution No. 2024-62 Approving Claims for the Period Ending May 8, 2024 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 May 8, 2024, 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 as presented. th Passed and adopted by the City Council of the City of Fridley this 13 day of May, 2024. _______________________________________ Scott J. Lund - Mayor Attest: Melissa Moore City Clerk 52 Jufn!21/ AGENDA REPORT Meeting Date:May 13, 2024 Meeting Type:City Council Submitted By:Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Nancy Abts, Associate Planner Title Public Hearing and First Reading for Ordinance No.1423,Allowing Electric Security Fenceson Certain Industrial Properties Background An application for an amendment to the Fridley City Code (Code) was submitted by Amarok, on behalf of STB Minneapolis Partnership, LLP, the owner of 4650 Main Street NE (occupied by Electric Motor Supply Company). On March 11, 2024, the Fridley City Council (Council) denied an application for an Interim Use Permit (IUP) authorizing an electric security fence at this location. The application did not meet the criteria established for IUPs. As part of the decision to deny the IUP, an amendment to the Code was identified as a potential way to allow electric security fences in more locations in the CźŭǒƩĻ Њ community. ƌğƓķ ǒƭĻ ğƦƦƌźĭğƷźƚƓƭ͵ The City of Fridley (City) has relatively broad discretion in choosing to adopt an ordinance amendment. Generally, the Czoning and land use regulations are intended to implement the Comprehensive Plan. The Comprehensive Plan does not speak directly to the topic of electric security fences. Additionally, the City Attorney has advis60-day Minnesota Statute§15.99, which prescribes a timeline for approval for requests relating to zoning and other approvals. The state legislature is currently processing preemption billsrelating to battery-charged electric security fences.Additionally, the City is in the process of updating its Zoning and Fence Chapters of the Code with an expected first reading of those chaptersat the end of2024. The City may decide to delay its decision to coincide with either of these items. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 62 Jufn!21/ Analysis Staff believe that electric security fences are similar to barbed wire security fences. Staff suggest that electric security fences be allowed as an accessory use to properties that abut the railroad. The proposed ordinance allows electric fences on industrial properties with outdoor storage uses. It also allows them at sites with public utilities and defense contractor facilities for protection. This mirrors the C allowances for barbed wire security fences. The applicant proposes that electric fences be installed inside a non-electric fence or wall. draft specifies that this fence should be at least eight feet tall, to ensure that casual contact with the electric fence is not possible from the ground. This height also ensures that a building permit is obtained; building permits are required for fences over seven feet tall. Building permit review ensures that the perimeter fence is structurally sound and appropriately installed, and that proper documentation of property boundaries and easements is reviewed as part of the approval process. As part of the building permit review, the fire department ensures that adequate measures are taken to allow public safety to access the property. Other Communities There are very few other communities in the Twin Cities Metro that allow electric fences. Those that do, do not allow them by right. City Electric Fences allowed If allowed, process to follow Crystal No Coon Rapids No Golden Valley No New Hope No Robbinsdale No St. Louis Park No Plymouth Yes Property owner must receive an interim use permit, which allows the fence for a set time Roseville No Brooklyn Center No Brooklyn Park No Richfield No Maple Grove Yes Fences are allowed as part of a farmstead. For non-farmstead properties, property owner must receive approval of a Conditional Use Permit (CUP) Previous Discussion The Planning Commission held a public hearing on this application at their meeting on April 17. Following discussion, the Planning Commission recommended that the Council approve the ordinance, providing a definition of Electric Fence and reference to manufacturing safety standards were incorporated. The proposed ordinance has been revised to include this content. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 63 Jufn!21/ Financial Impact The application fee is intended to cover the costs of processing a text amendment application. Recommendation Staff recommend the City Council approve the first reading of Ordinance No. 1423, Allowing Electric Security Fences on Certain Industrial Properties. Attachments and Other Resources !Ordinance No. 1423 !Application materials !Public Hearing notice Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 64 Jufn!21/ Ordinance No. 1423 Amending the Fridley City Code Chapter 213, Fences, to Allow Electric Security Fences on Certain Industrial Properties The City Council of the City of Fridley does ordain, after review, examination and staff recommendation that the Fridley City Code be amended as follows: Fridley City Code Chapter 213. Fences 213.01. Definitions Barbed Wire Security Fence: a barrier system comprised of twisted strands of wire armed with barbs or sharp points arranged at intervals along the strands. Electric Security Fence: a barrier system comprised of wire and designed to deter unauthorized entry through the use of non-lethal electrical pulses. It consists of one or more insulated wires strung along a fence line or other supporting structure and connected to a commercially-available energizer, installed to manufacturer specifications, which delivers electrical pulses. Fence: Ï As used herein the term "fence" means and includes a structure, partition or wall erected for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions. The term "fence" includes an enclosure made of a permanent material, such as wood or iron. Vision Safety Zone: Ï the triangular area of a corner lot beginning at the intersection of the street surface edge or curb lines, measuring forty (40) feet along each curb line and a straight line between the two (2) points, as illustrated in Exhibit 1. Exhibit 1: Vision Safety Zone 65 Jufn!21/ 213.02 Location Fences shall may only be located entirely on the private property of the owner constructing the fence. It is the responsibility of the property owner installing the fence to determine the location of the property line. Fences on corner lots shall may not encroach into the Vision Safety Zone. Fences placed within a drainage or utility easement shall may not impede the flow of runoff or interfere with planned or installed utilities. The City or any utility company having authority to use such easement shall will not be liable for any damages, or to repair or replace such a fence, in the event it is moved, damaged, or destroyed in the maintenance of the easement or the installation, maintenance, or repair of utilities thereto. 213.03 Fence Height No fence shall may exceed a height of thirty (30) inches within ten (10) feet of a driveway for a distance of ten (10) feet in each direction from the intersection of the property line, as illustrated in Exhibit 2. Exhibit 2: Fence Height 1. Residential districts. Fences located in the front yard of the principal structure shall may not exceed four (4) feet in height. Fences located in the side and rear yard lot line shall may not exceed seven (7) feet in height. 66 Jufn!21/ 2. Commercial districts. Fences located in the front of the principal structure yard shall may not exceed four (4) feet in height. Fences located in the side and rear yard lot line shall may not exceed eight (8) feet in height unless otherwise authorized by this Chapter. In addition to an eight (8) foot fence, up to three (3) strands of barbed wire, which are not to exceed eighteen (18) inches in height, may be affixed to the top of the eight (8) foot fence and mounted on standard barbed wire arms designed specifically for that purpose. These barbed wire arms may be used in the C-2 and C-3 districts, under the following conditions: a. Barbed wire may be used on all sides of public utility and defense contractor facilities for protection. b. Barbed wire may be used in the side and rear yard of those properties that have approved special use permits for outdoor storage areas or outdoor sales lots. c. With City approval, during times of national emergency, properties may be authorized additional usage of barbed wire to include temporary barriers made of barbed wire and barbed wire used to top temporary security fences. 3. Industrial districts. Fences located in the front yard of the principal structure shall may not exceed four (4) feet in height. Fences in the side and rear yard shall may not exceed eight (8) feet in height unless otherwise authorized by this Chapter. (a) Additional height is allowed for Security Fencing comprised of an Electric Security Fence or a Barbed Wire Security Fence. (1) Locations. Security fencing is allowed in the side and rear yard of those properties that have approved outdoor storage uses, and in all yards of public utility and defense contractor facilities, subject to the following conditions: (2) Barbed wire security fence. In addition to an eight foot fence, up to three strands of barbed wire, not to exceed 18 inches in height, may be affixed to the top of the eight foot fence and mounted on standard barbed wire arms designed specifically for that purpose. (3) Electric security fence. In addition to an eight-foot-tall fence, commercially- available electric security fencing which meets the standards established in American Society for Testing and Materials (ASTM) ÑStandard Practice for Commercial Application of Electric Security FencesÒ and is installed and maintained to manufacturer specifications may extend up to 24 inches above the eight-foot high fence. ((a)) Electric security fencing may be placed on industrial zoned properties that abut a railroad and have approved outdoor storage uses; or 67 Jufn!21/ ((b)) Contain public utility or defense contractor facilities. ((c)) Electric security fencing must be placed inside a solid-surface or otherwise impenetrable, eight-foot tall, non-electric fence capable of preventing ground- level persons, animals, or objects from contacting it from outside the fence. ((d)) The electric security fence must at all times be marked with clearly legible electric fence warning signage. Signage must be placed at least every 30 linear feet and on every gate. ((e)) The area three feet from the electric security fence in any direction must be kept free of vegetation which may contact the electric security fence. (b) With City approval, during times of national emergency, properties may be authorized additional usage of barbed wire or electric security fence to include temporary barriers made of barbed wire and barbed wire used to on top of temporary security fences. In addition to an eight (8) foot fence, up to three (3) strands of barbed wire, which are not to exceed eighteen (18) inches in height, may be affixed to the top of the eight (8) foot fence and mounted on standard barbed wire arms designed specifically for that purpose. These barbed wire arms may be used in the M-1, M-2, M-3, M-4, and S-3 districts, under the following conditions: a. Barbed wire may be used on all sides of public utility and defense contractor facilities for protection. b. Barbed wire may be used in the side and rear yard of those properties that have approved special use permits for outdoor storage areas or outdoor sales lots. c. With City approval, during times of national emergency, properties may be authorized additional usage of barbed wire to include temporary barriers made of barbed wire and barbed wire used to top temporary security fences. 213.04 Construction and Maintenance Every fence shall must be constructed in a substantial and workmanship-like manner and of a substantial material. Every fence shall must be maintained in a condition of reasonable repair and shall may not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any fence which is dangerous by reason of its state of disrepair or construction or is otherwise injurious to public safety, health or welfare is a nuisance. Any such fence that has become a nuisance shall must be repaired or removed. Any violation of this section 68 Jufn!21/ Section shall is be subject to the abatement process as set forth in Chapter 128.Abatement of Exterior Public Nuisances Chapter of the Code. 213.05 Permitting Building permits are required for fences over 7 ft.seven feet in height. 213.06 Prohibition The following fences are prohibited within the City. 1. Any fence of metal construction or otherwise, which is charged with or connected with to an electrical current in such a manner as able to be transmitted said current to persons, animals or objects which might come in contact with sameit, unless otherwise authorized by this Chapter. 2. Any fence constructed within or upon any public right-of-way. 3. Any fence constructed within, upon or through a drainage areas, ponds, or wetlands. 4. Any fence that encloses, hinders, or restricts access to above ground utility boxes, fire hydrants or other above ground utility structures or components. 5. Any fence located within a Vision Safety Zone. Passed and adopted by the City Council of the City of Fridley on this xx day of \[Month\], 2024. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk Public Hearing: May 13, 2024 First Reading: May 13, 2024 Second Reading: Publication: 69 Jufn!21/ 6: Jufn!21/ Dear Members of Fridley City Council: AMAROK, LLC, is respectfully requesting for City Council to approve the text amendment which has been submitted, allowing the installation of a 10’ tall low-voltage, battery- powered, pulsed electric security fence to secure the property safely and effectively. The security fence would be low-voltage, battery-powered (12V/DC), 10’ tall, safely located inside/behind the existing 6’-0” tall chain-link fence to secure the property during non- business hours. The AMAROK security fence has proven to be the most effective theft and crime deterrent for businesses across the country. Even in cases where businesses were experiencing frequent theft and loss, the installation of our security fence immediately results in the prevention of any further attempted break-ins, vandalism, and theft. AMAROK, LLC has installed the security system in more than 6000 jurisdictions throughout the United States. In Nebraska, the security system is installed in Omaha and Lincoln; in Iowa, we install in Des Moines, Council Bluffs, and Cedar Rapids. State Law in Michigan and Wisconsin speak directly to the system and allow for the installation as we are requesting in our text amendment application. The AMAROK security fence is medically safe to install and utilize as a crime prevention for businesses. Safety information has been provided by Dr. Mark Kroll, PhD, FACC, FHRS specifically addresses medical concerns with the someone encountering the system. The system will not harm any person, whether a child or adult, or animal that encounters the system. Over 100 years of medical research has been utilized in the Safety Summary provided by Dr. Mark Kroll, PhD, FACC, FHRS. Electric charged fences used for animal containment do not use the same technology or safety features as the AMAROK perimeter security fence. When used in a security application, the battery-charged fence itself is not charged with electricity. The energizer used to deliver temporary pulses to the battery-charged fence has a duration of .0003 (three ten-thousandths of one second) and occurs every 1.3 seconds. No part of the system is connected to the main power grid, and the battery-charged fence has no continuous current. The system is safety tested by a nationally recognized laboratory and certified by SGS. We have provided a copy of the SGS Certification. The security fence is medically safe and will not harm anyone who comes in contact with the security fence; however, it will deter someone who is planning on committing a criminal act and breach a perimeter fence. The security fence will not be energized during business hours and is monitored continuously. There is no change or newly proposed use to existing parcels in the city of Fridley. The existing parcel’s use remains the same with the battery-powered, perimeter security fence running concurrent with the existing perimeter barrier fence. The security fence does not 71 Jufn!21/ affect the yard, spaces, fences, parking,loading, and landscaping. Therefore, there will be no impact on streets, highways, and pavement type. The text amendmentwill not be detrimental to the health, safety, morals or welfare of persons residing or working in the neighborhood, nor will therebe any adverse effects on abutting properties or improvements in the neighborhood. The security fence is installed completely inside the existing perimeter fence and therefore not exposed to the public. To come in contact with the AMAROK security fence, acriminal would have tointentionally trespassby, first, disregarding the posted warning signs and then breaking through or scaling the existing perimeter barrier. The approval of the text amendment allowing the installation of the security fencewould have the opposite effect on the safety and general welfare of the neighborhood through crime prevention. In fact, the security fence enhances the health, safety, and welfare of persons by improving workplace safety and discouraging criminals from targetingthe subject property and committing other crimes of opportunity in the neighborhood. The security fence is the most reliable, economical, and effective perimeter security fence application available. The installation of the security fence will secure property, increase the security of the surrounding properties and the immediate area by deterring the criminal element from targeting the neighborhood. The result is that the City of Fridleycan redirect law enforcement time and resources toward crimes other than trespassingand burglary. Criminal trespass and resultant incidents can lead to catastrophic outcomes (arson, employee endangerment) and/or a public safety concern. Public safety concerns come in many forms, such as stolen vehicles/trucks driven on public roadways or specialized tools, equipment, and regulated supplies being trafficked and sold illegally. Based on the information and evidence presented above, we respectfully request the approval of the Text Amendmentapplicationby City Council. Michael PateMichelle Affronti Director, Government RelationsCompliance Manager AMAROK, LLCAMAROK, LLC Mobile: (803) 422-3600Mobile: (803) 923-2715 mpate@amarok.commaffronti@amarok.com www.AMAROK.comwww.AMAROK.com 72 Jufn!21/ CHAPTER 213 FENCES SFE! 213.01 DEFINITIONS 2/!Gfodf!!Bt!vtfe!ifsfjo!uif!ufsn!#gfodf#!nfbot!boe!jodmveft!b! tusvduvsf-!qbsujujpo!ps!xbmm!fsfdufe!gps!uif!qvsqptf!pg!fodmptjoh!b! qjfdf!pg!mboe!ps!up!ejwjef!b!qjfdf!pg!mboe!joup!ejtujodu!qpsujpot/! Uif!ufsn!#gfodf#!jodmveft!bo!fodmptvsf!nbef!pg!b!qfsnbofou! nbufsjbm-!tvdi!bt!xppe!ps!jspo/! 3/!Wjtjpo!Tbgfuz!\[pof!!Uif!usjbohvmbs!bsfb!pg!b!dpsofs!mpu! cfhjoojoh!bu!uif!joufstfdujpo!pg!uif!tusffu!tvsgbdf!fehf!ps!dvsc! mjoft-!nfbtvsjoh!gpsuz!)51*!gffu!bmpoh!fbdi!dvsc!mjof!boe!b! tusbjhiu!mjof!cfuxffo!uif!uxp!)3*!qpjout/! 213.02 LOCATION Gfodft!tibmm!cf!mpdbufe!foujsfmz!po!uif!qsjwbuf!qspqfsuz!pg!uif!pxofs! dpotusvdujoh!uif!gfodf/!Ju!jt!uif!sftqpotjcjmjuz!pg!uif!qspqfsuz!pxofs! jotubmmjoh!uif!gfodf!up!efufsnjof!uif!mpdbujpo!pg!uif!qspqfsuz!mjof/! Gfodft!po!dpsofs!mput!tibmm!opu!fodspbdi!joup!uif!Wjtjpo!Tbgfuz!\[pof/! 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Wjtjpo!Tbgfuz!\[pof/! 77 Jufn!21/ 78 Jufn!21/ 79 Jufn!22/ AGENDA REPORT Meeting Date:May13,2024 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Jason Wiehle,Utility Manager Title Resolution No. 2024-61, Approving a Water SupplyAgreement with Brand-Broadway Associates for theFridley TerraceMobile Home Park Background The owners of Fridley Terrace contacted the City of Fridley (City)Public Works Department with a request for temporary water during well reconstruction they will be performing. Fridley Terrace is a private Community Water Supply and draws water from two wells that they own onsite. Staff welcome this construction, as it will allow the Cityto meter their well water and derive charges for sanitary sewer use that the City has had to estimate in the past. The construction will also upgrade their wells for reliability and provide aquifer protection. Staffdiscussed the request with the Minnesota Department of Health, who advised Fridley Terrace that the attached agreement would be required by the City. The attached agreement is a draft, and subject to final edits approved by the City Attorney. The agreement specifies requirements for testing to maintain water quality, the method of connection and startup, operation requirements and reimbursement for costs incurred by the City. Financial Impact The financial impact will be neutral to the City as costs forthe water production and oversight will be reimbursed by Brand-Broadway. Recommendation Staff recommendsthe approval of Resolution No. 2024-61, Approving a Water SupplyAgreement withBrand-Broadway for theFridley TerraceMobile Home Park. Focus onFridley Strategic Alignment X Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2024-61 Water SupplyAgreement Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 7: Jufn!22/ Resolution No. 2024-61 both the City of Fridley (City) and Brand-Broadway own and operate Community Water Supplies in the City; and that the City Council of the City of Fridley hereby approves a Water Supply Agreement with Brand-Broadway Associates for work at the Fridley Terrace Mobile Home Park. th Passed and adopted by the City Council of the City of Fridley this 13 day of May, 2024 _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 81 Jufn!22/ WATER SUPPLY AGREEMENT is made and entered into this day of by and between the City of Fridley, a Minnesota municipal corporation (the BRAND-BROADWAY ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, a California limited partnership (- Recitals WHEREAS, Brand-Broadway idley WHEREAS, Fridley Terrace is connected to a private community water supply system owned and operated by Brand- WHEREAS, Brand-Broadway is planning to make repairs and improvements to the Fridley need of a temporary water supply; and WHEREAS, Brand-Broadway requires a temporary water supply be established to Fridley Terrace in advance of and for the duration of the Project; and and has the capacity to provide a volume of water sufficient to meet the regular demands of Fridley Terrace; and WHEREAS, Brand-Broadway has requested that it be able to connect Fridley Terrace to the WHEREAS, the City is willing to allow Brand-Broadway to connect Fridley Terrace to the NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained it is hereby agreed by the parties as follows: Agreement A. Term of Agreement. 82 Jufn!22/ 1.!This Agreement will commence upon the Effective Date and shall expire one year after disconnection of all of the Fridley Terrace System interconnection (connection) points with the City water system. 2.!The City retains the right to terminate this Agreement immediately without cause upon giving written notice to Brand-Broadway. B. Water Quality. 1.! distributed water without any additional treatment. 2.!Brand-Broadway must adversely impact water quality for Fridley Terrace users or the Fridley Terrace System. Approva and must include evaluation of corrosivity and disinfection of the City water and its impact on the Fridley Terrace System. C. Connection and Disconnection. 1.!Brand-Broadway must connection must be made by Brand-Broadway or its agents or contractors at Brand- approved in the fiel- Broadway must obtain all applicable permits from the City and the MDH, including written approval of the configuration. 2.!The connections must be made between City hydrants and Fridley Terrace hydrants. The 3.!Each connection must include: an approved backflow preventer (RPZ), a pressure regulator to meet existing Fridley Terrace System pressure within 5 psi, an emergency shutoff valve, and a meter (connected at each City hydrant). Each connection must be valved in such a manner as to allow bacteria testing prior to activation. Brand-Broadway must sanitize the connections in accordance with regulatory standards of the City and MDH and subsequently sample the connection points. Test results of the samples shall be provided by Brand-Broadway to the City and MDH for their approval prior to activating the connections. 4.!The connections must be secured and maintained by Brand-Broadway or its agents and contractors in a manner that is sufficient to avoid any interruption of service or tampering with the connection. 5.!The City shall have the right during times of a water capacity shortage, for any reason, to interrupt water service to Fridley Terrace. Preference will always be given to City water needs during times of a water capacity shortage. The City may temporarily discontinue or reduce the amount of water available to Fridley Terrace for the purposes of maintaining, 83 Jufn!22/ repairing, replacing, investigating, or inspecting any of the City's water system. The City will provide its standard notice of such activity whenever it is reasonably possible. 6.!Brand-Broadway must disconnect the connection within 60 days of completing the Project. Brand-Broadway must notify the City in writing of the planned disconnection date. D. Flushing and Flow Testing. 1.!Brand-Broadway shall have the Fridley Terrace System fully flushed upon the connections to the City water system being made. 2.!Brand-Broadway must have flow testing of the Fridley Terrace System performed at hydrant(s) designated by the City upon the connections being made to the City water system. 3.!Upon termination of the temporary connection to the City water system, Brand-Broadway shall have the Fridley Terrace System fully flushed. E. Pressures. 1.!Brand-Broadway is responsible for monitoring and regulating pressure within the Fridley Terrace System. 2.!Any adverse impacts to the existing Fridley Terrace System distribution piping and com Brand-Broadway. Brand-Broadway must repair these impacts. F. Metering. 1.!Brand-Broadway must purchase and install permanent water meter(s) for all connection points with remote reading capabilities approved by the City on its water sources and provide the City with access at all times to read and inspect the meter(s). The meter(s) and associated piping must be maintained by Brand-Broadway in perpetuity in accordance with the determined by the City. Access to the meter(s) must be provided to the City no later than within 24 hours of a request to read or inspect the meter(s) by the City. This provision shall survive the term of this Agreement. 2.!Brand-Broadway must monitor its water meter readings to its satisfaction in anticipation of water and other utility charges that will be billed to it by the City. G. Costs and Charges. 1.!Brand-Broadway will reimburse the City for its staff time, equipment, and expenses related to Brand- water supply system, including for all time and equipment related to onsite inspection, meter reading, flow testing, and water quality review. The City will invoice Brand-Broadway 84 Jufn!22/ within 60 days of conclusion of the related staff time, equipment usage, or expense incurred. Brand-Broadway must pay all invoices within 30 days of receipt. 2.!The above reimbursement of expenses does not relieve Brand-Broadway of any other City utility charges, including water utility charges and its related obligation to pay for these charges. Brand-Broadway shall pay the City $10 per day for each connection point to the City water system while that connection is active. Brand-Broadway must also pay $4.63 per 1,000 gallons of total water metered at all connection points. These charges will be added 3.!Should invoices and bills not be paid in a timely manner as required by this Agreement, the City may impose late fees and interest charges. H. Notification 1.! water supply to all Fridley Terrace residents and submit this notice to the City and MDH for their comments one week prior to its transmittal to Fridley Terrace residents. The notice must include information regarding anticipated temporary interruption(s) of service, water being supplied from the City, and provide a Fridley Terrace or Brand- Broadway staff phone number along with an MDH phone number to respond to concerns or complaints related to the temporary water service. I. Indemnification 1. -Broadway and Fridley Terrace is subject to all laws, rules, ordinances, standards, and policies of the City and MDH. The City shall not be responsible or liable for reasonable interruptions in service. 2.!Brand-Broadway, its officers, employees, agents, and contractors recognize no liability will accrue against the City for any damage or inconvenience arising from any interruption, temporary discontinuance, or reduction in quality or quantity of water delivered by the City to Fridley Terrace. 3.!Brand-Broadway, Fridley Terrace, and their respective officers, employees, contractors, and agents shall indemnify, defend, and hold the City harmless from any and all costs obligations, and liabilities which arise out of the connection of the Fridley Terrace claims, actions, damage, obligations, and liabilities arising from any grossly negligent or intentional misconduct of the City. This provision shall survive the term of this Agreement. Notwithstanding any language to the contrary found within this Agreement, nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all tort 85 Jufn!22/ claims brought by Brand-Broadway, Fridley Terrace, and their respective officials, employees, contractors, and agents shall be subject to any governmental immunity defenses of the City and the maximum tort liability limits provided by Minnesota Statutes, Chapter 466. J. General 1.!This writing constitutes the entire Agreement between the parties. This Agreement can only be modified by the written agreement of the parties. 2.!All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to either party or officer of the party, to which notice is being given, or when deposited in the United States Mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the parties at the following addresses: To Brand-Broadway: To the City: _______________ City Manager _______________ 7071 University Avenue, N.E. _______________ Fridley, MN 55432 3.!This Agreement may not be assigned to any other party without the prior written permission of the other party. 4.!This Agreement shall be interpreted by the laws of the State of Minnesota. Any action brought related to this Agreement must be brought in the State of Minnesota. City: City of Fridley By: Printed Name: Scott J. Lund Title: Mayor By: Printed Name: Walter Wysopal Title: City Manager 86 Jufn!23/ AGENDA REPORT Meeting Date:May 13, 2024 Meeting Type:City Council Submitted By:Joe Starks, Finance Director/City Treasurer Title Resolution No. 2024-63, Approving and Authorizing Final Budget Reappropriation for CertainFunds for the Fiscal Year Ending December 31, 2023 Background TheFridleyCity Charter (Charter) establishes certain processes for the preparation, passage, enforcement and alteration of the annual and revised budgets. Specifically, Section 7.07 of the Charter, authorizes the Fridley City Council (Council) to increase expenditures generally under two circumstances: 1) when actual revenues exceed estimated revenues; and/or 2) by identifying offsetting decreases in other areas of the budget. Tomaintain compliance with this section of the Charter, and minimize the need for subsequent reappropriations, the Council annually adopts a revised budget in December. As part of the preparations of the Annual Comprehensive Financial Report (ACFR), staff typically identify other areas requiring further revisions or reappropriations, which are typically presented to the Council for consideration around the time of acceptance of the ACFR. As part of this process, staff identified two areasthat require revision and is attached, with a description. The first expenditure overage noted is in the Solid Waste Abatement Fund and resulted from additional expenditures incurred that were reimbursed by the Anoka County SCORE grant.The second expenditure overage noted is in the General Fund, under Public Safety, and islargely due to police health insurance and overtime expenditures incurred that is offset by additional reimbursements from other governments and police security revenue. Financial Impact Attached. The increaseto the expenditure budget isoffset by sufficient revenue. Recommendation Staff recommend approval of Resolution No. 2024-63, Approving and AuthorizingReappropriation for Certain Funds for the Fiscal Year Ending December 31, 2023. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 87 Jufn!23/ Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2024-63 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 88 Jufn!23/ Resolution No. 2024-63 Approving and Authorizing Final Budget Reappropriation for Certain Funds for the Fiscal Year Ending December 31, 2023 Whereas, the Fridley City Charter (Charter) establishes certain processes for the preparation, passage, enforcement and alternation to the annual budget; and Whereas, Section 7.07 of the Charter authorizes the Fridley City Council (Council) to increase expenditures under two circumstances: 1) when actual revenues exceed estimated revenues; and 2) by identifying offsetting decreases in other areas of the budget; and Whereas, for the Fiscal Year ending December 31, 2023, staff identified two funds requiring reappropriation subject to the Section 7.07 of the Charter; and Whereas, the General Fund and Solid Waste Abatement Fund has sufficient revenue to cover the overage of expenditures. Therefore, be it resolved, that the City Council of the City of Fridley hereby approves and authorizes the following amendment to the 2023 Budget. Type Department/Division Category Debit Credit Expenditure Solid Waste Abatement Operating Supplies 6,270 Revenue Solid Waste Abatement State Grants 6,270 Expenditure General Fund/Public Safety Health Insurance 69,980 Expenditure General Fund/Public Safety Overtime 40,100 Reimbursement from Revenue General Fund/Public Safety Other Gov 69,980 Revenue General Fund/Public Safety Police Security 40,100 th Passed and adopted by the City Council of the City of Fridley this 13 day of May, 2024. _______________________________________ Scott J. Lund Mayor Attest: ________________________________________ Melissa Moore City Clerk 89