01/09/2006 - 6088�
�
CffY OF
FRIULEY
FRIDLEY CITY COUNCIL MEETING
OF JANUARY 9, 2006
7:30 p.m. - City Council Chambers
Attendance Sheet
PLFA3'F AR/NT NAMF, At�flRFSS AMa /TFM MUM8Fit YOU ARF /MT�R�S'TFD /M.
Priat' Name 4Clea�lp� Address ' I�em 111�.
,- . ` .
� v�n i e I w, _, �� �,� i��e e�� k. � ��d � ls
�- � ` � � ��s �- ,�- � .
C� /��. ? 3 � �✓ -� �'r � �/'��� ,-. /� �
� _
FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006
� .
qTY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or
employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services,
programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who
require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE. ��'� � P'�'� APPROVAL OF PROPOSED CONSENT AGENDA:
PRESENTATION:
NEW BUSINESS (CONTINUED):
��/� �. �pecial Use Permit Request, SP #05-05, by
Dr. Don Helmstetter, Superintendent, L�Crosstown Signs, to Allow the Installation of an
Independent School District No. 16 Electronic CMangeable Sign at CVS Pharmacy,
Generally Located at 5696 University Avenue N.E.
��B J ��.1,�-�5� � (VVard 3) ... .............................. 37 - 41
��s ��-�� 2�- �� � �- � � Z� ���j,�� � � ��-
APPROVAL O�F'I'ROPOSED C�NSENT AGENDA. � I S�-;��.Z-
�J� , 5 gJ +�'�"'-'�-
APPROVAL OF MINUTES:
City Council Meeting of December 5, 2005
City Council Meeting of December 12, 2005
��N WE BUSINESS:
�
°��:-- irs -1�eading of an Ordinance Amending Chapter 205
the Fridley City Code Pertaining to Curbing and
� f Drainage Requirements (Text Amendment, TA #05-05),
by the City of Fridley) ............................ 1- 11
�������
2.
Consideration of an Ordinance Amending Chapter 205.04
of the Fridley City Code Pertaining to General Provisions
(Text Amendment, TA #05-06, by the City of
Fridley) .................................. 12 -15
� esolution Revising the County State Aid
Hi hway System (Ward 3) ..................... 66 - 68
�� � lL �- �-�►- ,�l�D�o --� �
P l l
3. Receive the Minutes of the Planning Commission
Meeting of December 21, 2005 ............. 16 -18
4.
Approve Development Agreement befinreen the
City of Fridley and Target Corporation, Pursuant to
Final Plat, PS #05-04 (Olivia Grove), to Subdivide the
Current Target Property to Allow Construction of a
Free-Standing PETCO and a new Super Target
Facility, Generally Located at 753 and 755 — 53'�
Avenue N.E. (V11ard 1) ........................... 19 - 36
P�'� � �►'
6. Approve Contract Amendment between the City of
Fridley and Short Elliot Hendrickson Inc. for Design
Services on the 2006 Street Improvement
Project.................................. 42 - 44
7. Resolution Ordering Final Plans and Specifications
and Estimates of Costs Thereof: Neighborhood Street
Improvement Project No. ST. 2006-1 ... 45 - 47
:���0•_�i�
8. Resolution Authorizing an Agreement for the
Replacement of the Traffic Control System on
University Avenue (TH 47) and Osbome Road
(Wards 1 and 3) ............ ..... ... ....... 48 - 65
��c: � �? - c�� �-
10. Resolution Imposing Load Limits on Public
Streets in the City of Fridley,
Minnesota .•.�: . � .. . . . .....- 69 - 74
�:��' ��
11. Resolution Designating Official Depositories
for the City of Fridley ...................... 75 - 77
��d�'.�.r
t ',
FRIDLEY CITY COUNCIL MEETING OF JANAURY 9, 2006 PAGE 2
APPROVALOFPROPOSED CONSENT AGENDA: APPROVALOFPROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED): NEW BUSINESS (CONTINUED):
12. Resolution Designating an Official Newspaper 20. Approve Appointments to City
for the Year 2006 .................................. 78 - 79 Commissions ................................... 158
.�.� � �C � (r,�. �i� � � � �
13. Resolution Authorizing a Change in Mileage 21. Appointment - City Employee .............. 159
Reimbursement Rates for the 2006 Calendar
i Year .... ............................. 80 - 81
f���J�� "-�-��
22. Claims ... ......... ......... ......... 160
14. Resolution in Support of an Application for a
Minnesota Lawful Gambling Premise Permit
Application for DeLaSalle High Schoo! (Broadway
Bar & Pizza, 8298 University Avenue N.E.) 23. Licenses ... ......... ......... ......... 161 - 962
(1lVard 3) ................................... 82 - 83
�r �; --�, � J
ADOPTION OF AGENDA. �� l'e �'`� /� ��
Z� A- - �
15. Resolution Approving and Authorizing Signing an
Agreement for Police Sergeants of the City of
Fridley Pofice Department for the Years 2006
and 2007 ................................... 84 -109 OPEN FORUM NISITORSI:
�� �C; -- �';C
Consideration of Items not on Agenda -15 Minutes
16. Approve 2006 Animal Control Contract between
the City of Fridley and Brighton Veterinary
Hospital ..... ......................... 110 - 114 �
_ NEW BUSINESS: ,�� o�� .� a �A 8/ �� �
�L
`� � v`"t 4 y4.�.0 ��`� w�� K� �� n�t'-7 C r,ss
C 24. Fir adin of an Ordinance Amendin ° sg/,2� H�
9 9 1
� S otion to Authorize the Fridley Senior , apter 110 of the Fridley City Code Pertaining � S�-
Companion Program to Apply for CDBG to Water Quality (Text Amendment, TA #05-07, by �)
Funding for the Period July 2006, through the City of Fridle .. ...... .. ........ 163 - 165
December, 2007 ...... ............................ 115 �AS -Z
- �w qc� ��/s� r��',���
��1 / �� /C�
nt�� �/�,����w1z ✓� � 25. Fi�r ading of an Ordinance Repealing Chapter 208
f/`� �� �'�+� � .�f the Fridley City Code Pertaining to Stormwater
18. A rove Amended Minut s� from the Fridle Management and Erosion Control (Text Amendment,
PP Y
� City Council Meeting of November 21, TA #05-10, by the City of Fridley) ......... 166 -189
2005 ................................... 116 - 156
26. Informat Status Reports .. ......... :........ 190
19 Approve 2006 City Council and Staff
Appointments ..... ......... ...,............ 157 : .
,.�,��-� g � 33�,�
, �n
ADJOURN. % �� /�`7 0 �
�
� CITY COUNCIL MEETING OF JANUARY 9, 2006
CffY OF
FRIDLEI'
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an
interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at
572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Dr. Don Helmstetter, Superintendent, Independent School District No. 16
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of December 5, 2005
City Council Meeting of December 12, 2005
NEW BUSINESS:
First Reading of an Ordinance Amending Chapter 205
of the Fridley City Code Pertaining to Curbing and
Drainage Requirements (Text Amendment, TA #05-05),
by the City of Fridley) ...................................................................................... 1- 11
2. Consideration of an Ordinance Amending Chapter 205.04
of the Fridley City Code Pertaining to General Provisions
(Text Amendment, TA #05-06, by the City of Fridley) ..................................... 12 - 15
FRIDLEY CITY COUNCIL MEETING OF JANAURY 9, 2006 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
3. Receive the Minutes of the Planning Commission
Meeting of December 21, 2005 ....................................................................... 16 - 18
4. Approve Development Agreement between the
City of Fridley and Target Corporation, Pursuant to
Final Plat, PS #05-04 (Olivia Grove), to Subdivide the
Current Target Property to Allow Construction of a
Free-Standing PETCO and a new Super Target
Facility, Generally Located at 753 and 755 — 53rd
Avenue N. E. (Ward 1) ..................................................................................... 19 - 36
5. Special Use Permit Request, SP #05-05, by
Crosstown Signs, to Allow the Installation of an
Electronic Changeable Sign at CVS Pharmacy,
Generally Located at 5696 University Avenue N.E.
(Ward 3) ....................................................................................................... 37 - 41
6. Approve Contract Amendment between the City of
Fridley and Short Elliot Hendrickson Inc. for Design
Services on the 2006 Street Improvement Project .......................................... 42 - 44
7. Resolution Ordering Final Plans and Specifications
and Estimates of Costs Thereof: Neighborhood Street
Improvement Project No. ST. 2006-1 .............................................................. 45 - 47
8. Resolution Authorizing an Agreement for the
Replacement of the Traffic Control System on
University Avenue (TH 47) and Osborne Road
(Wards 1 and 3) .............................................................................................. 48 - 65
FRIDLEY CITY COUNCIL MEETING OF JANAURY 9, 2006 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
9. Resolution Revising the County State Aid
HighwaySystem ............................................................................................. 66 - 68
10. Resolution Imposing Load Limits on Public
Streets in the City of Fridley, Minnesota ......................................................... 69 - 74
11. Resolution Designating Official Depositories
for the City of Fridley ....................................................................................... 75 - 77
12. Resolution Designating an Official Newspaper
forthe Year 2006 ............................................................................................ 78 - 79
13. Resolution Authorizing a Change in Mileage
Reimbursement Rates for the 2006 Calendar
Year....................................................................................................... 80 - 81
14. Resolution in Support of an Application for a
Minnesota Lawful Gambling Premise Permit
Application for DeLaSalle High School (Broadway
Bar & Pizza, 8298 University Avenue N.E.)
(Ward 3) ....................................................................................................... 82 - 83
15. Resolution Approving and Authorizing Signing an
Agreement for Police Sergeants of the City of
Fridley Police Department for the Years 2006
and2007 ....................................................................................................... 84 - 109
FRIDLEY CITY COUNCIL MEETING OF JANAURY 9, 2006 PAGE 4
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
16. Approve 2006 Animal Control Contract between
the City of Fridley and Brighton Veterinary Hospital ........................................ 110 - 114
17. Motion to Authorize the Fridley Senior
Companion Program to Apply for CDBG
Funding for the Period July 2006, through
December, 2007 ............................................................................................. 115
18. Approve Amended Minutes from the Fridley
City Council Meeting of November 21, 2005 ................................................... 116 - 156
19 Approve 2006 City Council and Staff Appointments ....................................... 157
20. Approve Appointments to City Commissions .................................................. 158
21. Appointment — City Employee ......................................................................... 159
22. Claims ....................................................................................................... 160
23. Licenses ....................................................................................................... 161 - 162
FRIDLEY CITY COUNCIL MEETING OF JANAURY 9, 2006 PAGE 5
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS):
Consideration of Items not on Agenda — 15 Minutes
NEW BUSINESS:
24. First Reading of an Ordinance Amending Chapter 110 of
the Fridley City Code Pertaining to Water Quality
(Text Amendment, TA #05-07, by the City of Fridley) ..................................... 163 - 165
25. First Reading of an Repealing Chapter 208
of the Fridley City Code Pertaining to Stormwater
Management and Erosion Control (Text Amendment,
TA #05-10, by the City of Fridley) ................................................................... 166 - 189
26. Informal Status Reports .................................................................................. 190
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
DECEMBER 5, 2005
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:34 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Wolfe
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Jon Haukaas, Director of Public Works
Brian Weierke, Police Captain
Don Abbott, Director of Public Safety
Richard D. Pribyl, Finance Director/Treasurer
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Chapter 104 of the Fridley City Code,
Pertaining to Diseased Tree Removal Assessment Fees (Tabled November 21, 2005).
William Burns, City Manager, stated since the November 21, 2005, Council meeting, the
wording of the ordinance has been changed for purposes of clarification. They eliminated the
$25 fee and replaced it with language that allows them to charge the actual cost of the abatement
process for tree abatement. Staff recommends Council's approval.
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1214 ON SECOND
READING AND ORDERED PUBLICATION.
2. Second Reading of an Ordinance Under Section 12.06 of the City Charter Declaring
Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally
Located at Glen Creek Road and Logan Parkway (Ward 3).
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 2
WAIVED THE READING AND ADOPTED ORDINANCE 1215 ON SECOND READING
AND ORDERED PUBLICATION.
3. Second Reading of an Ordinance Under Section 12.06 of the City Charter Declaring
Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally
Located at Ely Street and Liberty Street (Ward 3).
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1216 ON SECOND
READING AND ORDERED PUBLICATION.
4. Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code
Pertaining to Front Yard and Side Yard Setbacks in the S-1, Hyde Park District
(Zoning Text Amendment ZTA #05-03, by the City of Fridley).
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1217 ON SECOND
READING AND ORDERED PUBLICATION.
NEW BUSINESS:
5. Receive the Minutes from the Planning Commission Meeting of November 16, 2005.
RECEIVED.
6. First reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA
#05-04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to
R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and
132 River Edge Way) (Ward 3).
WAIVED THE READING AND ADOPTED THE ORDINANCE ON FIRST READING.
7. Resolution of the City of Fridley, Minnesota, Approving the Transfer and Exchange
of Certain Parcels of Land with Kent L. Craft and Kathleen M. Craft, Generally
Located at Glen Creek Road and Logan Parkway (Ward 3).
William Burns, stated the City is trading Tract B for an easement that is part of the Crafts'
property. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2005-71.
8. Resolution of the City of Fridley, Minnesota, Approving the Transfer and Exchange
of Certain Parcels of Land with Peter J. Kadlec and Richard G. Kadlec, Generally
Located at Ely Street and Liberty Street (Ward 3).
William Burns, stated the City proposes to trade Tract A for a right-of-way easement. Staff
recommends Council's approval.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 3
ADOPTED RESOLUTION NO. 2005-72
9. Preliminary Plat Request, PS #05-02, by Family Lifestyle Development Corporation,
Generally Located at 1314 Mississippi Street, 1340 Mississippi Street, 6421 Central
Avenue, 6441 Central Avenue and 6461 Central Avenue (Ward 2).
William Burns, City Manager, stated the owner of the senior condominium project, John
DeMello, is requesting a six-month extension of the time required for filing the final plat. Staff
recommends Council's approval.
Councilmember Wolfe asked why they were not told that this had been sold by Mr. DeMello.
Scott Hickok, Community Development Director, said he does not believe it has been sold. .
Peter Eisenzimmer, 6535 Oakview Drive, asked what this item was for.
Mayor Lund said it was an extension of time to have the final plat for Anoka County. There are
no changes.
APPROVED.
10. Approve 2006 Tri-City Consulting Services Agreement Between the City of Fridley
and GIS Rangers, LLC.
William Burns, City Manager, stated the cities of Fridley, Andover, and Columbia Heights
jointly contract for GIS mapping services. This item represents the renewal of an ongoing
contract we have probably had for close to ten years and has been very successful. There is a 5
percent increase. Fridley's portion of the cost for this service is $29,595 and is budgeted for
2006. Staff recommends Council's approval.
APPROVED.
1L Motion to Approve the Deferral of the 2005 Street Improvement Assessment for the
Property Located at 125 Craig Way N.E. (Ward 3).
William Burns, City Manager, stated the owner meets all of the City's criteria for the deferral.
Staff recommends Council's approval.
APPROVED.
12. Resolution Establishing a Policy for Out-of-State Travel for Elected Officials of the
City of Fridley, Minnesota.
William Burns, said legislation adopted by the State in 2005 requires cities to develop an out-of-
state travel policy for elected officials. Staff recommends Council's approval.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 4
ADOPTED RESOLUTION NO. 2005-73.
13. Appointment — City Employee.
William Burns, said staff recommends the appointment of Sandy Stanger to the position of
Accounting/Data Processing Clerk.
APPROVED.
14. Claims (124359 - 124503)
APPROVED.
15. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
16. Estimates.
APPROVED THE FOLLOWING ESTIMATES:
BCG Construction, Inc.
3117 Salem Avenue South
St. Louis Park, MN 55416
2005 Miscellaneous Concrete Repair
Proj ect No. 3 59
FINAL ESTIMATE .................................$ 9,250.23
Palda & Sons, Inc.
1462 Dayton Avenue
St. Paul, MN 55104
2005 Neighborhood Street Improvement
ProjectNo. ST. 2005 — 1
Estimate No. 7 .......................................... $72,783.33
Dave Perkins Contracting, Inc.
14230 Basalt Street N.W.
Ramsey, MN 55303
71 '/z Avenue Street Improvement
Proj ect No. ST. 2005 — 3
Estimate No. 1 .......................................... $14,692. 89
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 5
MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded
by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORM (VISITORS):
Peter Eisenzimmer, 6535 Oakview Drive, asked if there is going to be an open meeting on
taxation.
William Burns, City Manager, said they will be holding the public hearing on the budget later in
the meeting and he can speak at that time.
Mr. Eisenzimmer asked about the Islamic Center.
Mayor Lund said that was discussed at the last Council meeting, but they would be happy to
talk to him.
Councilmember Bolkcom suggested that he could go to the public library and view the tape of
the last City Council meeting.
PUBLIC HEARINGS:
17. Consideration of the 2006 City of Fridley Budget.
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 7:47 P.M.
William Burns, City Manager, stated the budgeting process is a year-long process that begins
very early in the year with the preparation of a Council/Commission survey and then a
discussion of the responses by the City Council and members of the City's commissions. They
then have discussions at the departmental level. Council holds budget work sessions in June and
in October. He thought staff was very reasonable with their budget requests.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 6
Dr. Burns stated the budgeting format is the same as in previous years. What goes on at the
State legislature is very important and he incorporates that into the budget. Two of the
consequences of the legislative session that were in our favor were the absence of levy limits,
and they were given freedom to levy back additional lost LGA, amounting to in excess of almost
$300,000. There were few new mandates or negative legislation as a result of the 2005 session.
Dr. Burns said a number of items arose from the survey and budget work sessions. Money is
budgeted for an additional firefighter and a pawnshop detective. Remote water meters were
discussed and it was decided not to purchase them at this time. They discussed the rehiring of a
part-time crime prevention specialist and restoring lifeguards at Moore Lake. Both of those
items were rej ected. Funding for Community Emergency Response Team or CERT training was
discussed. This item was not included in the budget.
Dr. Burns said they took a long look at the impact of the budget on fund balances. Personnel
items were discussed including the firefighter position, the pawn shop detective position, a 3
percent cost of living adjustment, and a health insurance increase that amounts to almost 20
percent. They also discussed state-mandated costs for public employee retirement compensation.
The Police Department would like an IT consultant to help with their many information
technology applications. Alexandra House requested assistance with their funding and we
agreed that for one year we would contract with them for $35,000 to continue to provide an in-
house domestic abuse advocate.
Dr. Burns stated a number of equipment requests were part of the budget discussions. Police
squads, a new paver and paver trailer for Public Works and a new rescue truck for the Fire
Department were included. They talked at length about the utility deficits and the property tax
levy and how it was increasing primarily as a result of lost state revenues.
Dr. Burns said the overall amount of money they are projecting to spend is up by almost $2
million or 11.6 percent. The general fund is up by $778,000 or 6.3 percent. Both the special
revenue funds and the capital project funds are also up considerably. The budget for the general
fund will be up by $778,000 or 6.3 percent. This is the fund for most of the City's operations
excluding water, sewer, storm water, the liquor stores, and the enterprise fund. About 53 percent
of the increase is for personal services. Expenditures include the cost of the new police officer
and the new firefighter. They are also talking about enlarging the firefighter work week from 50
hours a week to 56 hours a week These are being done to improve our in-city response, mutual
aid response, and fire inspection response. There is a cost in the budget to fund what are mostly
State-mandated public employee retirement increases. A 3 percent COLA is included that adds
about $250,000 to the cost of the budget. Health insurance is about a$126,000 item. They also
have a few market rate adjustments for employees whose salaries have fallen behind those in
other cities. That will cost about an additional $35,000.
Dr. Burns said there is a$30,000 increase in "Supplies" and almost all of that is for vehicle fuel.
Under "Other Services and Charges," they included about $18,000 more for legal services
because of scheduled increases for the City Prosecutor and for the City Attorney. Since 2006 is
an election year, they have to spend about $32,000 for the cost of administering the elections.
The $35,000 cost for Alexandra House is included. The amount of $9,000 was included for
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 7
HVAC repairs. They also anticipated a very active construction year and are anticipating about
$31,000 for a new building inspector. The big increase in the special revenue funds is because
the Springbrook Nature Center fund is included there as a separately-funded and accounted-for
special revenue fund rather than being included in the General Fund, which added $327,095 to
the special revenue fund budget. The other big increase under cable television is the amount of
$188,078 which represents use of money the City is receiving from Time Warner that can only
be used for replacing the City's cable television equipment. We are planning to use the money to
transition from analog equipment to digital equipment.
Dr. Burns stated the capital improvement fund is another big area of increase. There are three
different areas where capital improvement money is spent and there is a five-year plan that
programs these improvements. They are spending $202,000 for building and fire equipment.
For the streets capital improvement program, they will be spending almost $3.2 million in street
reconstruction in 2006. For the neighborhood street improvement program, they alternate
between different wards every year. Next year they will be in Ward 1. This year they were in
Ward 3. The main expenditure for the general capital improvements program is for a salt storage
shed. They will also use some money for non-slip tile floors in the Police Department. Under
the parks capital improvement program, $202,000 will be used for drainage improvements at two
of the Community Park ball fields. The south lot at Commons Park will be resurfaced and there
will be tennis court and basketball court overlays.
Dr. Burns stated there is only a$27,000 increase in Enterprise Funds. This amount is the result
of an $80,000 cost from the Metropolitan Council and Environmental Services for sewage
treatment costs.
Dr. Burns said the budget is having a fairly significant impact on our fund balances. They
proj ect that the overall fund balances will drop from $16.3 million to $13.5 million between
2005 and 2006. Fund balance is being used at a rapid pace in order to avoid charging even
higher property taxes and to maintain a quality level of local government services. It reflects the
loss of intergovernmental aid. In 2001, 29.1 percent of our general fund resources came from
the State, today we get about 4.4 percent. In 2001, they depended on property taxes for about
35.3 percent of our resources. Today it is 62.2 percent.
Dr. Burns stated each year they look at the general fund expenditures in both actual and constant
dollars. The constant dollar of general fund expenditures has not varied much from year to year.
The City levy for next year, as a result of all of the budgets will be $8,757,188. That is $689,239
more than the 2005 levy and represents an 11 percent increase or a$64 increase for the owner of
the average-valued home in Fridley which is estimated at $214,000. There are other factors that
influence how the City operates. New construction is up a little bit and there should be some
maj or proj ects like a Target Superstore, CVS Pharmacy and a senior condominium proj ect.
Employment is a somewhat mixed picture. Overall unemployment rates are below those that
they forecasted last year. They still have a little bit higher rate of unemployment than
Minnesotans have statewide, but we are under the 4.8 national rate. We also looked at the
number of jobs, and Fridley is still losing jobs. Every year for the last four or five years we have
been losing jobs, particularly manufacturing jobs. This year we are actually gaining some
manufacturing jobs, but we are losing a significant number of retail jobs and jobs in the service
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 8
sector and other economic sectors of the City. Property values are going up. The values of
residential property are appreciating much faster than the values of commercial property and
industrial property. Residential properties again are appreciating by over 13 percent. The values
for the apartment buildings are still appreciating but not nearly as much as what we reported at
budget time last year. Commercial property has actually decreased and industrial property is up
by a very small amount.
Dr. Burns stated crime rates have gone up a little over 6 percent. He believed Part II crimes
have increased a little more than Part I. When they look at average crime rates though for the
actual categories of crime over the last five years, those categories are not significantly higher
than average for the last five years. The measure that they use for public assistance is the
number of children in District 14 who are getting free and/or reduced meals. They also look at
the number of people who are getting public assistance from the County including food stamps.
The School District's free meal program has increased around 27 percent.
Dr. Burns stated the consequences of the 2006 budget include higher property taxes and reduced
reserves. As we have reduced reserves, we are also seeing the virtual elimination of the police
activity fund. For the last three or four years, we have been transferring about $500,000 from the
police activity fund. By the end of this year, we will have used all but about $180,000. The
general fund reserve is another source of revenue they use very heavily. By the end of 2008, that
fund will also be completely depleted unless they do something in the way of finding new
revenue sources. The most attractive way to find new revenue sources is for the State to do it.
When the State shares revenue, they share it based on some sort of formula with all of the local
jurisdictions throughout the State. The alternative to that is to give the cities new taxation tools.
Another important issue to resolve is the utility funding issues. They have been to the ballot
twice and the voters of Fridley have said they do not want to eliminate the Charter restriction on
utility rates. At the same times, the accumulated deficit continues to grow year after year by well
over $1.3 million. This year's deficit will be around $468,000. This reduces our ability to
improve our water, sewer, and storm water infrastructure. It weakens our bond rating when we
do go out to borrow money, and it provides an unfair subsidy for the larger utility customers.
We do need to look at resolving the utility funding issue whether it be asking for another Charter
change or taking the rate increases above the rate of inflation to the voters every time that
happens. The problem is that is expensive, it can only happen every two years, and the balloting
process requires a super maj ority or something other than a maj ority. Many of the expenditures
for water and sewer rates are not related whatsoever to the rate of inflation.
Dr. Burns said with a strong sense of pride in the quality of Fridley's services, he presents the
2006 budget for Council's consideration.
Councilmember Barnette said he had not received his tax statement from County.
Peter Eisenzimmer, 6535 Oakley Drive NE, presented his tax statement and discussed the
various increases in property taxes and other taxes. He is on a fixed income and does not have
the money. He said people cannot afford to stay here.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 9
Walter Squire, 6701 Channel Road NE, asked how long the double-digit property tax increases
were going to go on. He asked if there was someplace else to get the revenue.
Mayor Lund said he could not answer the question as to how long are they going to see the
increases. What the State does affects us dramatically. We are restricted by the State in that
they do not give us any opportunities or ways of raising additional revenues. We are relying
more and more on our liquor fund. There has been some discussion in recent years on creating
another liquor store. He said they struggle with revenues, and with trying to maintain the level
of services they have had for a number of years and are not trying to create new expenses that
will only make it worse. They will continually work on trying to balance the budget.
Bruce Bondow, 6616 Central Avenue, said even those who are working are have a hard time
keeping up with the 11 percent increases and urged Council to take a hard look at expenditures.
Larry Gustafson 1641 - 76th Avenue NE, and spoke about his property taxes increasing.
John Hopkins, 7374 Able Street, asked about the $20,000 spent on a telephone survey. He said
about six months ago there was an ad in the paper for a recycling coordinator. He asked if that
position was necessary for a city of less than 30,000 people. He asked what the total
compensation was for the City manager. He said they need to look at cutting back a little here
and there. They cannot afford the 11 percent increase.
Mayor Lund said they could cut the telephone survey, but they are trying to stay in touch with
the citizens. This is not done every year. The recycling position is required or they lose funding.
Councilmember Barnette said there was a very interesting article in the Star Tribune
comparing taxes of all the cities. Fridley did pretty well in comparison.
Steven Ling, 120 Hartman Circle, said he had not received his tax statement and had the same
problem last year. He does have a concern with the increases that they are facing. He checked
other legal notices and found that many other cities only had a 3 to 6 percent increase. It also
appears that their total dollar numbers were not increasing at the rate Fridley's were. He would
like the City to try to reduce expenses. They have lost income from the state. They do need to
come up with other revenue sources.
Mayor Lund replied there was an increase but if you look at this in constant dollars, they are not
spending any more.
Mr. Ling stated he understands but in light of the fact the City did increase the budget by $1.5
million last year and another $2 million this year, the question he has is when will it stop. He is
concerned about the City continuing to draw on reserves. It just seems like a short-term solution
to a long-term problem.
Mayor Lund said the City is trying to stay at the level of spending they are at.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 10
Dr. Burns said they are spending down our balances. As the Mayor has said, what you are
seeing as expenditures is primarily a maintenance budget. The pawnshop police officer is new
but even that position is one that was there before. After 2003, they held a police officer vacancy
open and did not fund it. With respect to the firefighter, the City needs another firefighter.
Other than that, the services that are budgeted are the same services we have had year after year.
Councilmember Billings asked what services should be cut or eliminated.
Mr. Ling stated he has not had a chance to review the 2006 budget. If he can get a copy of the
budget from the City, he would be happy to send a letter to the City identifying the services that
he feels could be cut.
Mayor Lund asked if the budget was online.
Mr. Pribyl, Finance Director, replied they will have it on the website soon. Anyone who wants
a draft copy can call him at 763-572-3250.
Dr. Burns asked if there was a copy at the library.
Mr. Pribyl said there was.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:58 P.M.
18. Review of Intoxicating Liquor License for AMF Bowling Centers, Inc., d/b/a Maple
Lanes, Generally Located at 6310 Highway 65 N.E. (Ward 2) (Continued April 25,
2005).
MOTION by Councilmember Wolfe to remove this item from the table. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 9:59 P.M.
Mr. Pribyl, Finance Director, stated this is a continuation of the public hearing that was
continued from the original public hearing held on Apri125. At that meeting, the City issued and
approved a temporary liquor license for AlVg' Maple Lanes. The probationary license was issued
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 11
because AlVg' Maple Lanes did not meet the appropriate food percentage related to the food and
alcohol ratio. For bowling centers that relationship is a minimum of 30 percent food and
maximum amount of 70 percent alcohol. They have been receiving regular monthly financial
reports from AlVg' and in October, their ratio showed food at 31 percent and alcohol at 69
percent. Staff has not included snacks, candy, or cold drinks in the food percentages and this is
consistent with our position at the April 25 meeting. Staff recommends opening the public
hearing, receiving the information related to the update on the gross food sales for the period
7anuary through October, and then removing the probationary qualifications should they feel that
is an appropriate action for the balance of this license use.
Councilmember Bolkcom said with respect to including snacks, they are not doing anything
that they have not done before. There is no other restaurant that has a liquor license or
establishment that has a liquor license that they allow vending machines to be part of the food
sales.
Mr. Pribyl said they are not holding them to any different standard than any other liquor license
establishment.
Councilmember Wolfe stated except the ratio is different.
Mr. Pribyl said as far as actually determining their sales as related to food and alcohol, they
have the same standard that everyone else has except for the ratio that relates to bowling centers.
Cynthia Blanc, AlVg' Bowling, said they are meeting the 30 percent. They are no longer
including vending information in their ratios.
Councilmember Bolkcom asked what needed to be done besides the public hearing.
Mr. Pribyl referred that question to the City Attorney.
Mr. Knaak, City Attorney, they need to hold the public hearing, provide information on the
record that justifies whatever decision they are going to take, close the public hearing, and then
take action.
MOTION by Mayor Lund to remove the probationary liquor license and continue the liquor
license until Apri130, 2006. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 10:08 P.M.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 12
OLD BUSINESS:
19. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to Pawn Shop Transaction Fees (Tabled November 21, 2005).
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Billings asked if the time period should be two or three years.
Chief Abbott stated the intention when they put the language together was to reflect a two-year
period. He said the memorandum is correct.
Councilmember Billings stated the ordinance right now is set up to be three years and the
memorandum talks about it only being for two years. He is very comfortable with the three
years and it sounds like Councilmember Barnette is comfortable with the three years. Unless
someone wants to make a motion to change the ordinance, it will be in effect for three years.
MOTION by Mayor Lund to amend the dates in the ordinance as follows: All December 31,
2008, dates should be changed to December 31, 2007, and all January 1, 2009, dates should be
changed to January 1, 2008. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, AND
COUNCILMEMBER BOLKCOM VOTING AYE, COUNCILMEMBER WOLFE
VOTING NAY AND COUNCILMEMBER BILLINGS ABSTAINING, MAYOR LUND
DECLARED THE MOTION PASSED BY A 3 TO 1 VOTE.
Councilmember Wolfe said he does not support this because he thinks there are a lot of
questions. He does not think two businesses should pay for a police officer who may be doing
other jobs besides pawn shop work. It should be pro-rated.
Councilmember Bolkcom said the Director of Public Safety has said there is enough work for a
detective to do this full time. She asked about providing a monthly report.
Chief Abbott said that would not be a problem.
Councilmember Wolfe replied he just flatly disagrees and does not think they should be doing
this. We do not charge a per transaction fee at the liquor store.
Councilmember Billings said the Police Chief has said this person will be a pawn shop
investigator. They have been told that $105,000 will be collected from the pawnshops based on
the fee. They were also told that it would cost around $120,000 for this position.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 13
Chief Abbott replied, approximately $123,000.
Councilmember Billings stated so there is about $18,000 which would be, maybe 15 percent,
that would actually be getting paid by the taxpayers of the City of Fridley. He asked if
Councilmember Wolfe thought there should be a full-time officer?
Councilmember Wolfe replied, no. They received a report that said there was a specific
establishment in Fridley that had over 30 citations and six arrests in one night. That is a
relatively common thing at that particular establishment.
Chief Abbott stated that is correct. They did have 32 citations issued that evening. Not all of
those were patrons of that establishment but it was the officers working the detail within a fairly
limited geographical area around it. He cannot tell them what the breakdown of patrons vs.
others people was.
Mayor Lund asked what the City charges for liquor establishment licenses?
Mr. Pribyl, Finance Director, stated it is based on the square footage of the establishment but it
runs from $4,000 to $8,000.
Mayor Lund asked how many liquor establishments are paying a license fee.
Mr. Pribyl replied he thinks there are 12.
Mayor Lund said so they are looking at about $72,000.
Councilmember Billings stated based on 121icenses at an average cost of $6,000.
Mayor Lund stated so there is a substantial amount of money collected for enforcement activity
that relates to drunken driving. The charge for the pawn shop is excessive, he does not dispute
that, but he thinks significant charges are imposed on liquor establishments as well.
Councilmember Bolkcom asked if the city was spending every day of the week at the liquor
establishments.
Chief Abbott said it was short-term, temporary enforcement activity taking place.
Councilmember Wolfe asked could they do that there every night.
Chief Abbott replied the business level would not support that other than for Saturday nights.
Councilmember Bolkcom said people could say the same about building permits. They pay
taxes. Why pay additional money for a building permit. She believes they do need to be
protective and she there are some activities going on there that need to be watched.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 14
Councilmember Wolfe asked with the seven pawnshops, was the total 37,000 transactions or is
that an average.
Chief Abbott replied the total for St. Paul was 36,000 plus, from January 1 through October 31.
During that same time period, we had 27,000 plus transactions.
Mayor Lund asked the City Attorney to enlighten them on the discussions that have occurred
with some of the pawnshops and interested parties.
Mr. Knaak, City Attorney, said there is a memorandum from the Public Safety Director that
outlines the discussions and conversations that occurred and it accurately reflects what was
discussed. They have a copy of a decision by a Ramsey County District Court judge denying the
City of St. Paul a motion for summary judgment on a challenge under their ordinance. There are
some distinctions between the St. Paul ordinance and what the City of Fridley has and so while
clearly he is interested in any kind of decision, as their legal advisor, it is his assessment that this
case does not provide a great deal of guidance other than the indication that it is an issue that
pawn operators certainly will litigate over.
Councilmember Wolfe stated in his opinion, would it be in the City's best interests to see what
happens or to move forward and take a chance?
Mr. Knaak replied as a practical matter it will not affect the City at all directly.
Councilmember Wolfe asked if the City of St. Paul loses, would a precedent be set for a future
case against the City of Fridley.
Mr. Knaak stated a decision in Ramsey County District Court is not binding with the City of
Fridley. It would not become that until such time as it went to the Court of Appeals and a
decision was made that would be against the City of St. Paul. There is just no way of
anticipating at this point what the basis of that kind of decision would be. He can think of no
justification from a legal point of view that would require them to delay or would even
necessarily make that a good idea.
John Martin, Attorney for Cash-N-Pawn and Pawn America, said he is there to present a letter
to the Council requesting that the matter before them be tabled for further study and actual
revision. As Council has indicated, they had a meeting at the Police Department earlier which he
thought was very productive in terms of exchanging information and clearly, there is an interest
in working together. Very rarely does the city council of any community have a court decision
that would provide a guiding light to a matter before them. The City's ordinance is a little
different than St. Paul's. Here is what is striking. St. Paul and Fridley have an APS system.
Both communities pay the fee to Minneapolis. St. Paul has requested a$3 fee. The judge in the
case that his office is litigating in St. Paul has said that to the extent that the fee has raised
revenue, it is not reasonably related to regulating the business. He does not see the Ramsey
County District Court judge changing his mind about one fundamental principle and that is you
have to segregate those things that are regulatory from those things that are general police work.
They want to do this right and they encourage the City to do it right up front, and that is why
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 15
they think that tabling it for further study, making sure they make the distinction between the
regulation and the regular law enforcement activity, and imposing a fee that is not something that
is driven because there is an officer that needs to be hired and somebody has to pay for it. He
appreciates the opportunity after the public hearing to address them.
Councilmember Billings asked if the St. Paul ordinance refers to this transaction fee as an APS
transaction fee.
Mr. Martin said it does.
Councilmember Billings stated, whereas the Fridley ordinance merely refers to it as a
transaction fee.
Mr. Martin stated the Fridley City Code states in its purpose as follows: 31.01. It can help the
Police Department better regulate...through timely collection and sharing of pawn transaction
information. This chapter also implements and establishes the required use of the APS system,
the Automatic Pawn System. Fridley's ordinance, very much like St. Paul's, is directly located
in that sphere, the APS.
Councilmember Billings stated, but again, the specific item in the revenue side of the St. Paul
ordinance refers to it as an APS transaction fee. Therefore, it is his understanding that the judge
is saying that these other costs are not directly related to APS. In Fridley we are charging a fee
for the entire transaction, not just identifying it as part of the APS. The judge has said that
further the cost of processing an APS transaction does not include all issues involving pawn
shops and police monitoring of pawn shops. Whereas the City's transaction fee is not limited to
the APS portion of the transactions, but is related to the entire transaction. He thought there is a
significant difference between St. Paul and Fridley. Secondly, Mr. Martin indicated that what
they are doing with the sunsetting is to try and justify the cost after the fact. It is his
understanding that the Police Department has made a presentation that by hiring a full-time
officer they expect to be finding much more than the approximately one-half of 1 percent
transactions that have been uncovered in the past. They expect that to be much greater. He
believes the purpose of the sunsetting was not to justify the cost, but to determine whether the
costs were truly beneficial to the end result. The costs related to that full-time officer are pretty
black and white. They are not trying to justify those costs after the fact. They are trying to
justify the result of those costs.
Mr. Martin stated they could probably debate that judge's ruling on his first point. He thinks
the fundamental lesson is that you cannot take general law enforcement and put it on the backs of
a particular industry. And whether Fridley's ordinance reads the way it does or St. Paul's reads
the way it does, that fundamental overlay is there. Regarding Councilmember Billing's second
point, he did not suggest that they were going to justify the cost later. What he is urging them to
do is to study what that means because it appears to him that studying it as they go is not
appropriate with what he knows about this particular case.
Councilmember Billings stated but at the same time, what Mr. Martin is saying, is if some
judge in Ramsey County determines that to regulate means one thing in his mind, than they in
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 16
the City of Fridley and the County of Anoka should assume that is what regulate means. An
appellate court may determine what regulate means on a statewide basis or maybe an Anoka
County judge could determine that regulate has a much different meaning. In the meantime, they
should not worry about the crime that may exist in pawn shops until such time as they find out
what the opinion is of a particular judge in Ramsey County.
Mr. Martin said it is a well-written and well-reasoned decision. It is not binding on this Council
or this City. It is possible another judge could go in a different direction. Given the fact there are
numerous similarities from what the Council is considering, with what has already been litigated,
why not take it as a lesson and step back It is an important decision, one that he thinks if it were
to persuade them to table this for further study, would be mutually beneficial for the City of
Fridley and his clients.
Mayor Lund stated one thing that he wanted to put on public record is he got the impression
from the attorney for the pawn shops that all cities are struggling with revenues. He said he does
not want anybody to think that it is to try and raise revenues.
Councilmember Wolfe stated there are a lot of questions.
Councilmember Barnette said he has listened to Mr. Martin. This was probably the reason
why he wanted some kind of a sunset provision because it gives them a chance, and they could
table until they study it further. He thinks in a sense it does give them a chance to do the study.
There is time to look at it, and if it is not justified, it goes away.
MOTION by Councilmember Billings to receive the letter from attorney John Paul Martin dated
December 5, 2005. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings to waive the reading and approve Ordinance No. 1218 as
amended on second reading and order publication.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE,
AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE
MOTION CARRIED 4 TO 1.
NEW BUSINESS:
20. First Reading of an Ordinance Amending Chapter 603 of the Fridley City Code
Pertaining to Food Sales.
Richard D. Pribyl, Finance Director, stated during the liquor license renewal process for AlVg'
Maple Lanes, a question was raised about including vending sales within the food percentage
mentioned in the City Code. This proposed ordinance helps clarify that. They are proposing
fairly minor changes that would help clarify the definition of food as it relates to restaurants
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 17
within Chapter 603. There is one additional change they would like made. Under "Restaurant,"
the first sentence states "any establishment other than a hotel or bowling center." After further
review, they would like to strike "or" and add "but including bowling centers."
Councilmember Bolkcom stated instead of putting "but" in why not just put "including bowling
centers."
Councilmember Billings asked if they would be requiring that the bowling alley go back to 40
percent. He thinks they should leave the language alone under `Bowling Center" and change the
title from bowling center to bowling center/restaurant.
Mr. Pribyl stated it licenses the restaurant and not the bowling center.
Councilmember Billings replied, yes, that is why we changed it from bowling center to bowling
center/restaurant. The definition of a restaurant is an establishment that has to have 40 percent.
Secondly, he disagrees with whomever Mr. Pribyl talked to at the Department of Public Safety
who said they can only issue licenses to bowling alleys, etc. He believes that language in 601 is
in fact a reference to having municipal liquor stores. They are still allowed to issue on-sale
licenses to hotels, clubs, and restaurants. It does not say that they can issue them only to hotels,
clubs, and restaurants. It says that a City owning and operating a municipal liquor store may
issue on-sale liquor licenses to hotels, clubs, and restaurants. He believes that is an indication
they are still allowed to issue them to those types of establishments even though they have
municipal liquor because it does not say "only." It does not say they are restricted only to those
establishments. In 404 it says a city may issue an on-sale intoxicating liquor license to the
following establishments located within its jurisdiction. It goes on to list bowling centers and
several other types of operation. He does not think they need to make any changes.
Mayor Lund asked if they were under any time restraint.
Mr. Pribyl said they were not.
MOTION by Councilmember Wolfe to table this item for further review.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
21. First Reading of an Ordinance Creating Chapter 205.32, 0-7 of the Fridley City
Code Pertaining to Shoreland Overlay District.
Mr. Hickok stated this ordinance should be ready by December 12 or the first meeting in
January.
Councilmember Bolkcom asked if it should be tabled until January.
Councilmember Hickok encouraged people to watch the website to see when the item would
come back In this case, there are over 460 addresses and it is very expensive to mail out notices.
He will bring it back as soon as possible.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 18
Councilmember Bolkcom said her letter stated if it does not come back on December 12, it will
on January 9.
Councilmember Barnette asked if anyone had received any calls on this issue. He had one.
Councilmember Bolkcom said the letter was not mailed until November 22.
Mayor Lund stated he had received a couple of telephone calls and he could not say they were
overly negative or overly positive.
MOTION by Councilmember Bolkcom to table this item until the City Council meeting on
January 23, 2005. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
22. Special Use Permit Request, SP #05-04 by Sprint PCS, to Allow Wireless
Telecommunication Facilities in an M-3, Heavy Industrial, Outdoor Intensive
District, Generally Located at 8290 Main Street N.E. (Ward 3).
Mr. Hickok stated Keith Edwards who represents Sprint is requesting a special use permit to
allow construction of a 125-foot telecommunications tower on the industrial property owned by
Don Kasbohm located at 9290 Main Street N.E. The proposed facility will consist of a 125-foot
galvanized, self-support monopole equipment platform and electronic equipment facility. The
facility will be contained in a fenced-in 15 x 30 foot leased space on the north side of the
industrial building near the rear of the property. The proposed tower is being designed for at
least two additional wire carriers as required by our ordinance. In 1996 they may recall the
Federal government passed a Telecommunications Act and for the past nine years a number of
75-foot to 250-foot monopole, or lattice-type tower structures, have been on the rise in both the
metro and rural locations across the state. Cities have been required to recognize and accept the
technology. Cities do have the ability to control the location of PCS towers; however, cities
cannot take the position of "not in my city." In December 1996, the City Council established a
moratorium prohibiting the construction of new telecommunications towers and antennae array.
The moratorium allowed the City to take a comprehensive look at the impact of the
Telecommunications Act and established an acceptable antennae facility locations map. With
the moratorium in place, staff worked with a PCS consultant to get a clear understanding of the
technology, issues, and to determine how many antennae locations would be required to service
the community. As a result of that analysis, an approved site approach was approved. They
have a map showing the approved locations. In order to install a tower in an industrial-zoned
property not on the approved site list, a special use permit must be obtained.
Mr. Hickock stated the subject property in this case is zoned M-3, Outdoor Intensive Heavy
Industrial, as are the properties to the south and west. The Springbrook Nature Center is located
directly north of the subject property. The property to the east is zoned M-2, Heavy Industrial.
The existing 88,000 square foot building was constructed in 1977. Several interior alterations
have been made to the building since it was constructed; however, there have been no additions.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 19
The property has been involved in several code enforcement cases since the early 1980s. Most
of the violations pertain to an inoperable, unlicensed vehicles; outdoor storage; and dumpster
screening or lack thereof. In 1986, a citation was issued to Mr. Kasbohm for storage of junk
vehicles and failure to provide screening of dumpsters and a storage area from the public right-
of-way. A citation was dismissed based on the owner's signed statement that he would resolve
those code issues. These are the same code enforcement violations they are currently dealing
with on this property and a citation is pending. The outdoor storage that exists on the site is not
screened, there are hazardous chemicals being stored outside, the property is not surrounded by
curbing and there are also unlicensed, inoperable vehicles being stored on the property. As a
result of these non-compliance issues, stipulations have been placed on the special use permit
request to assure that the property comes into compliance before a building permit would be
issued for a telecommunication tower at this location. The purpose of the special use permit is to
provide the City with a reasonable degree of discretion when determining the suitability of
certain uses upon the general welfare, public health, and safety of the area in which it is located.
A special use permit gives the City the ability to place stipulations on the proposed use to
eliminate negative impact to surrounding properties. The City also has the right to deny the
special use permit request if impact to the surrounding properties cannot be eliminated through
stipulations. The petitioner's radio frequency engineers have indicated that the location of the
tower in this geographic area or the immediate vicinity is crucial to link in with their existing
system. Doing a visual search for the tower location, they identified the existing T-Mobile tower
which is located on the Park Construction property at 30 - 81st Avenue. City Code requires that
the petitioner prove that a new site is necessary and that usable approved sites are not located
within a half-mile radius of the proposed new site. The T-Mobile tower on Park Construction is
located .348 miles from the proposed new tower site. There are a few towers located just beyond
a half mile of the proposed site. One which is located at Talco Industries at 7835 Main Street.
The other is at the Northtown mall. Sprint's frequency engineers have determined that if Sprint
located their antennae on the T-Mobile site it would not provide adequate coverage in the areas
they are looking to serve. The petitioner has stated that the demands in this area exceed the
ability for coverage using any neighboring south tower sites; thus, the need for the construction
of a new tower.
Mr. Hickok stated while the subject property is not on the approved site list for
telecommunication towers in the City, it is located in an industrial district which makes it eligible
at least for a special use permit. There was a balloon test done before the Planning Commission
meeting. It was done on an extremely windy day, and was not entirely successful. A second
balloon test was done on November 30. This balloon test is basically a representation of the
height of the tower so they can see it from certain distances and view it from certain angles. The
tower will be visible from certain views in Springbrook Nature Center. Visibility of the tower
has been a concern of Nature Center photographers. Siah St. Clair has done a very nice job of
laying out an illustration of where the tower is relative to the Springbrook Nature Center. He
will take them then through a series of photographs and show them on the site plan where the
photographs were taken from. Photos were taken and shown of the balloon at 2,300 feet, 1,800
feet, 1,500 feet, 1,200 feet, 950 feet, 250 feet, and 150 feet.
Councilmember Bolkcom asked whether those were all public places where anyone could
stand.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 20
Mr. Hickok stated they were.
Councilmember Wolfe stated so roughly seven months of the year there would be a lot of
leaves and you probably would not see those either.
Mr. Hickok stated the early balloon test revealed there were a couple of areas of concern for
Springbrook Nature Center staff and others about migration mortality. Studies of birds have
shown that birds oftentimes do hit structures like this. Sprint has responded to this concern with
the tower design.
Councilmember Wolfe asked if studies have shown that birds will crash into the towers.
Mr. Hickok replied this was a request. The alternative design of the single-shaft tower will also
reduce the visual impacts of the tower from Springbrook Nature Center. At its November 16
meeting, the Planning Commission recommended denial of the special use permit. The motion
was carried on a 5-2 vote. The Planning Commission wanted staff to investigate how many of
these towers there were in surrounding communities and to ensure the balloon test was
conducted again before the City Council meeting. In the staff report they did put together a
matrix of surrounding communities and how many tower locations they have. He cautioned
them to not draw their own conclusions about the number of towers. There are a lot of factors
that are involved. Staff recommends approval of this special use permit request with fourteen
stipulations. In response to the concerns expressed at the Planning Commission meeting, the
petitioner has proposed an alternative tower design.
Councilmember Wolfe asked if it was standard practice to paint the towers a specific color.
Mr. Hickok said that has been a standard part of their special use permits in the past.
Councilmember Bolkcom asked if it is a Sprint tower would it help someone with Cingular
coverage.
Mr. Hickok stated they did require that each tower facility location has the ability to co-locate,
and the industry has really responded to that by having already pre-negotiated arrangements.
Councilmember Bolkcom asked why they could not use the T-Mobile tower.
Mr. Hickok said it does not provide coverage for the specific location.
Councilmember Bolkcom asked the City Attorney if they can deny the request based on the fact
that is visually impacts the Springbrook Nature Center area.
Mr. Knaak, City Attorney, replied they do actually have a considerable amount of discretion in
terms of what they can or cannot allow in the placement of these kinds of towers. There is a
federal preemption in the sense that you cannot prevent a provider from providing coverage.
You cannot exclude towers from cities. One of the factors they are allowed to consider are the
unique circumstances of a particular site in the City.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 21
Dr. Burns asked if there had been a fair amount of telecommunication tower litigation.
Mr. Knaak said there has been quite a lot. The Telecommunications Act of 1996 does provide
for location regulation of placement and you are allowed to regulate that. There is no easy and
clear answer. It is up to the Council. They do have the discretion and have the factual basis in
part and a visual basis that would ultimately be part of a record if their decision was challenged.
They have the discretion to consider that and to decide whether that is a significant and negative
enough impact on that resource.
Councilmember Bolkcom also asked about the stipulations and what they meant to the special
use permit.
Mr. Knaak replied as a practical matter that becomes a condition of the permit. If there is a
breach of the terms of the contract with the property owner, that could subsequently be reviewed
and provide the basis for revocation.
Councilmember Bolkcom said if there were problems again with the property owner, the
special use permit could be brought back to the City Council.
Mr. Knaak said that is true of a special use permit.
Siah St. Clair, Naturalist, Springbrook Nature Center, said there is quite a bit of research on bird
mortality during migration with towers. He did not know about this particular pole.
Councilmember Bolkcom asked about the migration times.
Mr. St. Clair stated there are migration routes in spring and fall.
Councilmember Barnette if the high lines were still on the western boundary by the railroad
tracks.
Mr. St. Clair said they were.
Councilmember Barnette asked approximately how high they were.
Mr. St. Clair said he thought they fell just shy of 200 feet and of requiring lights.
Councilmember Barnette said at the Planning Commission meeting they talked about
obstruction and birds flying. He said there are other obstructions and Springbrook Nature Center
is in an urban area. He asked if Sprint would be paying any rent and if it could be used for the
cleanup of the property.
Mr. St. Clair said looking west you are going to see all the towers and tracks. If you look to the
east, it is an uninterrupted horizon line of trees which is what the photographers come out for.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 22
Councilmember Barnette said if this helps the technology, it is important to go along with this.
He said he thinks they were allowed seven sites.
Mr. Hickok replied actually they had 13 sites selected originally.
Councilmember Barnette asked if the Park Construction and Tyco sites have special use
permits.
Mr. Hickok said they did. He discuss the areas with lack of coverage or holes in coverage.
Councilmember Wolfe has a question relating to potential litigation. There are spots in the
Nature Center where you could take pictures or not take pictures. He said the visual impact
seems minor. The pictures were taken without a single leaf on the tree. It might have been
different if there were leaves on the trees.
Attorney Knaak replied he could not really speculate as to what may or may not happen at trial.
Council must decide. The argument has been presented that it is a visual impairment.
Councilmember Bolkcom stated she thought it was really very hard to look at photos without
actually being there and seeing the balloon up in the air.
Councilmember Wolfe said the safety issue is important too.
Steven Edwards, Sprint PCS, said they are requesting approval of a 125-foot high stealth pole.
They are looking to improve coverage in the University Avenue commercial district around
Northtown. They are trying to reduce the number of dropped calls or blind spots, poor quality of
calls, and to basically address coverage complaints they have had. Combined with the large
amount of retail in the area, he thinks it shows a demand for an increase in service. He thought it
was important to understand how Sprint selects locations for towers. Their engineers identify an
area of need. He goes in and identifies locations or possibilities. In all cases they look for
existing towers and buildings with adequate height. In this area, they are looking for 125 feet.
As a last resort, they look to build a pole because it does impact the community. It also costs
more for Sprint to develop a pole. They already have an actual lease with carriers so an actual
agreement with T-Mobile, would actually speed the process along.
Councilmember Wolfe asked how big the tower is from 75 feet up.
Mr. Edwards stated it is typically like a light pole standard. It would be the same size all the
way up with just a slight taper at the top. He would guess it is probably two feet across. They
have an agreement with the owner as far as enforcement of the Code and bringing the site up to
Code as required by the stipulations.
Councilmember Bolkcom asked if Sprint understood that this special use permit could be
brought back before Council at any given time.
Mr. Edwards stated he believed they will have an agreement in place.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 23
Councilmember Billings asked where they currently have towers.
Mr. Edwards indicated the Spring Lake Park water tower and at Highway 10 and Central
Avenue in Blaine.
Mayor Lund asked if they pursued other sites.
Mr. Edwards indicated that they had.
Mayor Lund asked why a 125-foot tower and not a 75-foot one.
Howard Dietrich, engineer for Sprint PCS, said that would not allow other carriers to co-locate
at this location.
Mayor Lund asked why the T-Mobile site would not work.
Mr. Edwards stated that is identified in the coverage map. He believes the T-Mobile tower is
125-feet. They would actually install at 150 feet and basically on the map you can see the
coverage. They would have to be back and ask for a residential tower.
Councilmember Wolfe stated the City does not give much leeway. It is the way it has to be, so
it is in their best interest to keep up the property.
Don Kasbohm, property owner, said he has owned the property since 1978, and he also owns
many other properties in the Twin Cities area. His property is seven acres and 88,000 square
feet. He has 25 tenants, so it is almost like an apartment building. He had three auto tenants but
got rid of one of them. He had some rough tenants. The City said there was some spoilage
there, and he spent $7,000 and got it cleaned up. He spent $240,000 on a new roof in the last
three years, $70,000 on blacktop, and $350,000 on improving the building. It is also an area
where there are no residential houses. People on the weekend might go over there and dump
their cars. He has tried to keep the building up as best he can. They have offered to put a fence
up, about six feet high going across, so they only have one street, Main Street, where people can
see the building or see much of what is going on there. Behind them on the west side it is just
nature with just a small little ravine. The south side was a vacant lot until they built a nice trailer
sales place. On the north side is the Springbrook Nature Center.
Councilmember Bolkcom stated she is a little concerned when he said he is going to try and
keep his property up the best he can. She wants to make sure he understands that with this
special use permit if he has a code violation and does not take care of it, he could lose his special
use permit. She asked what kind of issues they had.
Mr. Hickok replied, outdoor storage. It is probably 45 days old and has not been rectified.
Mr. Kasbohm said on that issue, he called the owner on two of the things that are in the front on
Main Street. One of them got removed right away and they are working on the other one.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 24
Mayor Lund said he wanted Mr. Kasbohm to understand because he has a history of 20 years of
violations.
Mr. Kasbohm said he will try to keep it up the best he can.
Councilmember Wolfe said he has a special use permit with stipulations that have to be
followed.
Mr. Kasbohm stated, no problem. Frankly they can be throwing cars out and new ones show
up. Nobody is living there so people come and they will dump their garbage.
Councilmember Wolfe stated that is the bad part about being a landlord. Someone else thinks
you have to clean it. Unfortunately, under the City Code, you have to clean it.
Mr. Kasbohm stated he put $350,000 into the building and the blacktop, and he is trying to keep
it up. He offered to put up a fence.
Mr. Hickok said a resident forwarded some pictures of telecommunication towers shrouded in
tree cover disguises.
Donna Bahls, 7514 Alden Way, said she got the pictures off the internet and believed they were
from somewhere in Pennsylvania. She thought they were supposed to look like a white pine.
Councilmember Bolkcom asked how much they cost. She asked if the 60-day law was
December 12.
Mr. Hickok said it was.
Ms. Bahls stated she attended the Planning Commission meeting. At the meeting,
Commissioner Dunham asked if the site plan we have now is adequate. She would suggest that
this would be an excellent time to have City staff revisit the plan and assess its adequacy. If the
City staff believes the plan is adequate, then we should really have minimal need for special use
permits. If they believe that the current plan is no longer adequate then as of 1996, then she
would suggest a moratorium on special use permits while the plan is revised and new sites are
identified. Everyone would benefit if they had identified sites and this could be handled through
staff in a normal way without having to have too much involved. Another comment she heard at
the Planning Commission meeting was that we now have an opportunity to finally get this
property owner to clean up the property. The property owner should not be rewarded for past
poor behavior as a property owner. She did read the Sprint application and she was not really
convinced that the T-Mobile tower would not work.
Mr. Edwards stated the question came up of what other alternatives there were to building the
tower. The tree idea was mentioned and also the suggestion that they install them on water
towers. The question came up as to what water towers they were on. He knew of one along
Hansen Boulevard. It was built about a year ago. The water 180 feet high and Sprint is at the
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 25
top. They went on to ask what else in the area could they install on. They talked about the T-
Mobile tower, and as a last resort, about actually building a tower.
Councilmember Bolkcom said there was a water tower by the river.
Mr. Edwards stated they would not be able to reach their coverage into the commercial areas.
Councilmember Bolkcom stated she did not know they had to be that close to each other. She
asked if they could expect more as cell phones became more and more popular.
Mr. Edwards replied he did not think so just because of the difficulty and expense of building a
tower.
Mr. Dietrich said they are going to have to pay a lot for a tower. Unfortunately, it is not
possible to locate it at the T-Mobile tower.
Mr. Edwards said they cannot be a user of T-Mobile's tower because of its location. It does not
reach into the commercial area that they are trying to reach. It does not provide the coverage that
they are trying to provide to that area.
Mayor Lund asked if they could work off the existing towers for the high power lines.
Mr. Edwards said they often work with Xcel. They do not let them install off those towers
because the foundation of those towers are not built to sustain additional antennas.
Councilmember Billings stated in addition the power line is not zoned for that.
Mr. Hickok said at that location it would not be right.
Mayor Lund said there has been some interest on tree poles. He asked if it could be built if it
was added as a stipulation.
Mr. Edwards replied he would be against it because it would look taller than the rest of the trees
and it would not sway in the wind like the other trees.
Mayor Lund stated he was not inclined to support this for several reasons. He thinks that the
Planning Commission made some valid points. He thinks they are the protectors of natural
resources. He thinks that places were identified for this and that other sites should be looked at.
MOTION by Councilmember Bolkcom to deny Special Use Permit Request, SP #OS-04, by
Sprint PCS. Seconded by Councilmember Barnette.
Mr. Knaak stated if they choose to vote not to do this, he recommended that they direct staff to
prepare findings for their review.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 26
Councilmember Bolkcom stated she just feels there are an incredible amount of towers in their
community and she does think they need to look at where their towers are and where they have
them. She thinks there should be some other options.
Councilmember Wolfe stated he just cannot imagine them having a legitimate reason to stop
this from all the other things since he has been on the Council. To have a balloon test stop them
from doing this, he thinks it is ridiculous.
Councilmember Bolkcom stated before she saw the balloon test she was not in favor of this.
After having discussion with a couple of the Planning Commission members and because of
where it is. If you read the staff tonight they thought they should approve that.
Councilmember Wolfe said he does not think they have a reason to deny this. He said he
supports this.
UPON A VOICE VOTE, MAYOR LUND AND COUNCILMEMBER BOLKCOM
VOTING AYE AND COUNCILMEMBER BARNETTE, COUNCILMEMBER
BILLINGS AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND
DECLARED THE MOTION FAILED ON A 2 TO 3 VOTE.
MOTION by Councilmember Barnette to approve Special Use Permit Request, SP #OS-04 by
Sprint PCS with the following 14 stipulations:
1. The property owner to meet all code requirements related to outdoor storage,
unlicensed/inoperable vehicles and screening prior to issuance of a building permit for
the telecommunications tower.
2. A landscape and screening plan shall be submitted and approved by City staff prior to
issuance of a building permit for the tower.
3. The color of the pole shall be "sky blue" or a similar color approved by staff.
4. The petitioner or successors shall install and maintain the proposed equipment so that it
blends into the surrounding environment.
5. A 20-foot drive aisle around the building shall remain clear of debris and vehicles for fire
equipment access and circulation.
6. The tower shall not be artificially illuminated except as required by the Federal Aviation
Administration (FAA).
7. The facility shall be designed to discourage unauthorized entry.
8. A building permit shall be obtained prior to commencement of installation of any facility
equipment on this site.
9. No signs other than warning or equipment information signs are permitted as part of this
application.
10. Any future placement of antennae on the tower shall require review by the City to
determine if the equipment location requires additional stipulations or a revised special
use permit.
11. The petitioner to provide the City with structural plans on how the tower will break apart
in a high wind event and will not fall over. (Code requires towers to collapse upon
themselves rather than tipping in extreme wind conditions.)
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 27
12. The petitioner to provide the City with a soil report and footing analysis indicating that
the existing soils and footings can support the tower.
13. A grading and drainage plan shall be submitted and approved by City engineering staff
prior to issuance of a building permit for the tower, to alleviate existing storm water
problems.
14. Necessary storm water flow controls and curbing, as required in the M-3 code, will be
installed prior to issuance of a building permit for the telecommunications tower.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER
BILLINGS AND COUNCILMEMBER WOLFE VOTING AYE AND MAYOR LUND
AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED
THE MOTION CARRIED ON A 3 TO 2 VOTE.
MOTION by Councilmember Billings to add the following three stipulations:
15. During the life of this special use permit, the property owner shall not allow any Code
violations including, but not limited to, outdoor storage, inoperable vehicles, and proper
screening.
16. If City staff believes that an inappropriate number of Code violations occur and/or not
corrected and remedied in a timely manner, this special use permit shall be scheduled for
review of revocation by the City Council.
17. If the City Council revokes the special use permit, the tower shall be removed within 60
days after the revocation action.
Seconded by Councilmember Barnette.
Mayor Lund stated relating to No. 16 he would like the stipulation to say the special use permit
shall be scheduled for review of revocation.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
23. Informal Status Reports.
Dr. Burns stated the City newsletter is out.
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Wolfe.
Peter Borman, 120 River Edge Way, asked about Item No. 6. He wanted to ask about waiving
the fee.
Councilmember Billings explained that it was a consent agenda item, and unless there is some
disagreement, they are all approved at once.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2005 PAGE 28
Mr. Borman asked what the itemized costs were.
Mr. Hickok said a lot of time is spent on the application. It is his recommendation that they do
not waive the fee on this matter. It would be a bad precedent.
Dr. Burns asked if they have anything from their fee analysis in writing.
Mr. Hickok stated he would be glad to provide that.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 12:15 A.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
CITY COUNCIL MEETING
CITY OF FRIDLEY
DECEMBER 12, 2005
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:36 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Wolfe
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Jon Haukaas, Director of Public Works
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
Richard D. Pribyl, Finance Director
PROCLAMATION:
Mayor Lund issued a proclamation for B. William Ekstrum Appreciation Day (December 12,
2005).
PRESENTATION:
Laser Radar Unit to the City of Fridley Police Department by the Minnesota Department
of Public Safety for the Safe and Sober Project.
Bob O'Brien, Minnesota Safe and Sober Project, talked about the Safe and Sober project and
presented a laser radar unit to the Fridley Police Department.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of November 21, 2005
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 2
OLD BUSINESS:
1. Second Reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #05-
04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1,
Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132
River Edge Way (Ward 3).
Dr. Burns, City Manager, stated Council approved the first reading of this ordinance at the
Council meeting on December 5. Staff recommends Council's approval of the second reading of
this ordinance.
WAIVED THE READING OF THE ORDINANCE AND APPROVED ORDINANCE NO.
1219 ON SECOND READING AND ORDERED PUBLICATION.
2. Extension of Preliminary Plat Request, PS #03-18, by Town Center Development,
Generally Located at 1282 Mississippi Street and 6490 Central Avenue N.E. (Ward
2).
Dr. Burns, City Manager, stated the preliminary plat for a 54-unit senior condominium proj ect
was approved on January 5, 2005. The developer needed a six-month extension of his plat to
resolve legal issues regarding the ownership of the land located at 1282 Mississippi Street and
6490 Central Avenue N.E. While the legal issues have been resolved in the developer's favor,
he receive the signed mylars from Anoka County in time for tonight's meeting. They expect the
final plat for this project to come before Council at its January 9 meeting. Staff recommends
Council's approval of an additional six-month extension.
APPROVED.
3. Approve Comprehensive Sign Plan for Creekside Properties, Generally Located at
7101 Highway 65 N.E. (Ward 2).
Dr. Burns, City Manager, stated Karen Sorenson, owner of Creekside Properties, is requesting
Council's approval of a comprehensive sign plan. The signs will be placed on the west side of
the building and will consist of 3' x 8' panels with black and blue lettering on white background.
Staff recommends Council's approval.
APPROVED.
4. Resolution Approving a Plat, P.S. #05-04, Lots 1 and 2, Olivia Grove, by the City of
Fridley, for the Purpose of Creating Two Lots, Generally Located at 753 and 755 —
53rd Avenue NE, Fridley, MN (Target Corporation) (Ward 1).
Dr. Burns, City Manager, stated this is a subdivision for the proposed Super Target that was
approved on June 27, 2005. The subdivision of this property allows for the freestanding Petco
store. Staff recommends Council's approval.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 3
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Resolution Approving Recycling Service Fees.
Dr. Burns, City Manager, stated staff recommends the 2.8 percent increase allowed by the City
Charter. The increase raises the quarterly recycling fee from $6.16 to $6.33 per quarter or by
$.68 per year. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2005-75.
6. Resolution Providing for Sewer Rate Increases.
Dr. Burns, City Manager, stated staff recommends that the City's sewer rate be increased by the
2.8 percent allowed by the City Charter. The increase will cost the average water user, $4.92 a
year or $1.23 a quarter. This increase will leave the sewer fund with a 2006 operating loss of
$233,094. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2005-76.
7. Resolution Providing for Storm Water Drainage Rate Change.
Dr. Burns, City Manager, stated staff recommends the approval of a 2.8 percent rate increase.
The increase will cost the owner of a residential lot an additional $.36 per year or $.09 per
quarter. The increase will allow a net operating income of $57,087. We will, however, have a
net operating loss of $9,913 after transfers to street reconstruction are completed.
ADOPTED RESOLUTION NO. 2005-77.
8. Resolution Providing a Water Rate Change.
Dr. Burns, City Manager, stated staff recommends the same 2.8 percent rate increase for the
water fund for water rates. This will cost the average water user $2.16 for the year and $.54 a
quarter. The increase will leave the water fund with a net operating loss for 2006 of $155,931.
Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
9. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise
Permit for Fridley American Legion, Post 303, Generally Located at 7365 Central
Avenue NE (Ward 2).
Dr. Burns, City Manager, stated the American Legion's license was suspended by the State of
Minnesota from December 14, 2004, through December 14, 2006. The State is requesting that
we authorize the renewal of the license from December 15, 2006, to February 28, 2008. Staff
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 4
recommends Council's approval of this renewal subject to the restoration of the American
Legion's license next December by the State of Minnesota.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
10. Resolution Approving and Authorizing Signing an Agreement with Police Officers
of the City of Fridley Police Department for the Years 2006 and 2007.
Dr. Burns, City Manager, stated other than a 3 percent salary increase for each of the two
contract years, the changes in this contract are very minor. Staff recommends Council's
approval of the contract.
ADOPTED RESOLUTION NO. 2005-80.
11. Appointment — City Employee
Dr. Burns, City Manager, stated staff recommends approval of the appointment of Michael
Jeziorski to the position of HRA staff accountant.
APPOINTMENT APPROVED.
12. Claims (124506 - 124665)
APPROVED.
13. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
14. Estimates.
APPROVED THE FOLLOWING ESTIMATES:
Pearson Brothers, Inc.
240 St. John's Street
Loretto, MN 55357
2005 Street Improvement (Sealcoat)
ProjectNo. ST. 2005-10
FINAL ESTIMATE .................................$ 5,582.89
Shank Constructors, Inc.
3501 — 85th Avenue North
Brooklyn Park, MN 55443
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 5
Commons Park WTP Upgrade
Proj ect No. 3 57
Estimate No. 2 ..........................................$108,509.00
Councilmember Bolkcom requested that Items 4 and 9 be removed and placed on the regular
agenda.
Peter Eisenzimmer, 6535 Oakley Drive, requested that Item 8 be removed and placed on the
regular agenda.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Items 4, 8, and 9. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Items 4, 8
and 9. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORM (VISITORS):
Donald Anderson, 7304 West Circle, asked about the A& W on East River Road.
Councilmember Bolkcom replied it is for sale.
PUBLIC HEARINGS:
15. Consideration of Neighborhood Street Improvement Project No. ST. 2006 — 1.
MOTION by Councilmember Wolfe to open the public hearing. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 7:54 P.M.
Jon Haukaas, Director of Public Works, stated they held an open house on Wednesday,
November 30, in the council chambers to review the project with the neighborhood. There were
109 people who signed in, representing 89 properties. That is about 25 percent representation.
He discussed the proj ect area. He said it was in the central part of the City, north and east of
Hayes School. There was also a neighborhood south of Community Park. The project
encompasses about 3.8 miles of streets. They would be doing a full-street reconstruction, base
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 6
surface, new concrete curb and gutter, storm water improvements as required. One of the things
they are adding into their next couple of street projects is to regrade the Community Park ball
fields to get some better drainage. They are going to have a lot of extra dirt as a result of their
street reconstruction projects and are going to do some improvements at the ball fields at the
same time. They will be doing sewer and water repairs as necessary. They have televised all of
the mainline sewers, and found a few places that they have to make a few spot repairs. They are
probably going to relocate a few hydrants. They will give the neighborhood the opportunity for
driveway upgrades again with this year's project. The gas company has indicated they are
interested in doing a gas main replacement. They have been doing this for the last several years.
Mr. Haukaas stated streetways are going to be constructed to the City standard of 30 feet. The
majority of the streets are approximately that width right now; 64th Avenue is one of the
exceptions. He said it is a 22-foot street and it would be widened to our standard. Regarding
storm sewer, they will be extending up Oakley Street and Pandora Drive to alleviate some
drainage problems in that area. Meadowlands Ponds will be excavated and expanded a little bit
to accommodate additional flow and also to help protect some of the homes in that area along the
north side from the threat of flooding. In the past when they have had large rains in the spring or
large runoff, those ponds have come up quite significantly.
Mr. Haukaas presented an approximate schedule and said they will be advertising in a few
months. Bids will be open and construction will begin at the end of April or early May. It
should be completed by next fall. The public hearing on the final assessments will be held at that
time, and the assessment repayment would begin with the 2007 property taxes. The estimated
costs are about $400,000 for the design, construction, staking, and inspection; $2.6 million for
street reconstruction; $400,000 for storm sewer improvements; and $100,000 for water and
sewer repairs. Funding sources include state aid, the storm sewer fund for storm sewer work as
well as the water and sewer funds. Special assessments comprise about $550,000 on this project,
and the street fund would pay the balance. Assessments are calculated based on the cost to
install the concrete curb and gutter and improve several items including removal of the old curb,
reconditioning of that base, and installation of a new concrete curb and gutter. This year they are
estimating it as a not to exceed figure of $19.50 per foot. Three options for repayment are a
lump sum payment within 30 days of the final assessment hearing next fall. Property owners
will be notified by letter what that cost is, how they can pay it and what the timeframe is. Option
2 is to have it added to the property taxes over a period 10 years. Interest rates have been
approximately 7 percent the last several years. Option 3 for senior citizens meeting certain
criteria is to have that assessment deferred until the future sale of the property. They also had a
presentation at their neighborhood meeting by the Rice Creek Watershed District, and he
believed there were about 30 properties interested in having individual rain gardens installed in
front of their homes. These all help with treating storm water runoff from our streets. For the
construction of the rain gardens, the mass excavation and curb changes would be done by the
City. The Watershed District and the residents would share the cost of the plantings.
Councilmember Bolkcom stated she referred one individual to him regarding his assessment for
his triangular lot. She asked if he had contacted him.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 7
Mr. Haukaas said he had spoken to him and explained what the assessment policy is. He is in
the unfortunate situation of having a lot that has a very long frontage. Although it is triangular
shaped towards the front, the front being about 210 feet long, when they do their measurement at
the house setback, his actual assessed footage would be approximately 156 feet.
Councilmember Wolfe asked about seniors who decide to defer it until they sell their home.
During that time before they sell their home, it is accumulating interest. When they sell their
house, what could have been $1,500 in ten years could be $2,200?
Mr. Haukaas replied, that is correct.
Councilmember Billings commented actually it would probably be around $2,500 or $2,700.
Rick Gierdal, 6863 Madison Street NE, asked if the $19.50 per front foot charge included the
costs for the cleanup and upgrading of the ball fields in Fridley.
Mr. Haukaas said the costs for the ball fields would be coming out of the City's funds.
Councilmember Billings stated what they do when they let the bids is see what the bid was per
lineal foot of concrete curb and gutter, what the bid was for gravel, and what the bid was for
removal of the bituminous curb. Those get added together and they come up with a per lineal
foot number. If those numbers add up to $17 a foot, that is what they are going to get assessed.
If those numbers add up to $22 a foot, they are only going to get assessed $19.50. Out of all the
money being spent, the property owners are only being assessed for the concrete curb and gutter.
He said if a person lives on a corner lot, it is his understanding that their policy is they only pay
for the front of the house.
Mr. Haukaas replied on their address side.
Mayor Lund said they are going to utilize the extra dirt to correct the drainage problem at the
ball fields instead of disposing of the dirt some place out of the City.
Phillip Allison, 6821 Madison Street, asked what they would do about driveways.
Mr. Haukaas stated when the City restores driveways, they go up as far as necessary to make a
good transition into the street. They correct the gravel underneath and make sure it has proper
strength. They will not be removing all of it and putting all brand new gravel in because for the
most part, driveways that have been there for 20 to 30 years have compacted that better than they
could do brand new. They would rather leave that in place, add what they need, make any
corrections of soft spots, and then put in a standard of either asphalt or concrete, replacing in
kind. Their standard for the asphalt is 2 inches of asphalt and for concrete it is 6 inches. If
anyone is interested in having their entire driveway done, they will be collecting names. The
contractor would then meet with each person individually to discuss their driveway.
Mr. Allison asked if the City paid for the first 10 to 12 feet.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 8
Mr. Haukaas replied whatever the City needs to restore, that is at the City's cost. He said they
do not give anybody an additional credit if they end up doing their entire driveway.
Mr. Allison asked if can negotiate with the contractor to do a sidewalk and a step.
Mr. Haukaas said they could talk to the contractor about that.
Mr. Allison asked if that could go on the assessment
Mr. Haukaas said it could.
Glenn VanHulzen, 901 Overview Drive, asked about sprinkler systems.
Mr. Haukaas replied for sprinkler systems, they do ask the residents to mark them so they can
be easily located. The contractor is responsible for taking them out and reinstalling them and
making sure they work They do hold back money into the following year so that if it is late in
the season and the sprinkler systems cannot be tested, they can make sure that there will be no
problems in the spring when they start them up.
Mr. Vanhausen thanked them for doing this particular project.
Ted Kranz, 6701 Monroe, said Monroe was done about 10 years ago. He said now they will be
doing Quincy. He has 30 feet on Quincy.
Councilmember Billings replied generally speaking they assess on the address side.
Mr. Haukaas stated they do have Mr. Kranz down as a zero dollar assessment.
Councilmember Bolkcom asked if they were going to do a survey of the neighborhood.
Mr. Haukaas replied they were already mailed out and they received almost a 60 percent return.
Councilmember Billings asked if they do any kind of a followup on the other 40 percent.
Mr. Haukaas replied, no.
Councilmember Barnette said he was proud of the City's street reconstruction program and
that the City had the foresight many years ago to put money aside so that we can have the proper
street reconstruction done and only pay for the curb and gutter. It gives us the chance to give
residents good streets and good drainage. He has received nothing but good comments.
Julie Streitz, 990 Rice Creek Terrace, asked about her property.
Mr. Haukaas replied she is in a situation where the previous owner paid for the other side. She
does not have an assessment with this proj ect.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 9
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:20 P.M.
16. Consideration of an Ordinance Amending Chapter 205 of the Fridley City Code
Pertaining to Curbing and Drainage Requirements (Text Amendment, TA #05-05,
Curbing and Drainage Requirements).
MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 8:21 P.M.
Julie Jones, Planning Coordinator, said Federal and State Non-Point Discharge Elimination
(NPDES) rules require that cities take steps to prevent non-point source pollution. Primarily this
has been spurred by a commitment made by the City in the Springbrook Watershed Clean Water
Partnership grant application committing to analyzing the City Code relating to storm water
runoff. They also thought it would be advantageous for the City to take a closer look at this,
because it would allow them better flexibility in some of the DNR regulations for shoreland
ordinances. The text amendment has two parts. One part is to give City staff some flexibility in
exempting curbing in situations where the City approves certain storm water features like natural
swales and rain gardens. The other part adds reference to Chapter 208. The Planning
Commission held a public hearing on this text amendment on November 2 and unanimously
recommended approval. Staff concurs with the Planning Commission's recommendation. The
first reading of the ordinance is tentatively scheduled for their next meeting on January 9, 2006.
Dr. Burns, City Manager, said he can recall three or four major disputes with people that were
developing commercial or industrial property where they did not want to put curbing around the
parking lots. He asked if this provided people with an option.
Mayor Lund stated this still requires curbing. It is just a different form of curbing.
Ms. Jones agreed. She said it is possible the way they have it written that they could be exempt
from the curbing altogether if they felt it was appropriate. Each situation tends to be unique.
Richard Harris, 6200 Riverview Terrace, stated he was concerned about rain gardens and safety
islands. He asked who would be responsible for their maintenance.
Ms. Jones replied in industrial and commercial development they would be the responsibility of
the property owner.
Mr. Harris asked what would happen if they abut the street.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 10
Ms. Jones replied the section of the Code they are talking about is the parking requirements for a
private parking lot.
Mayor Lund said the property owner.
Mr. Eisenzimmer, 6535 Oakley Drive, asked if the City would require people to take care of the
rain gardens along their property. It is something put in by the City in the right-of-way.
Mayor Lund replied if the rain garden is in the public right-of-way, which would be an
agreement the City would have with the property owner.
Mr. Eisenzimmer asked who says what type of materials would be planted.
Mayor Lund replied that would be in the agreement as well.
Mr. Haukaas, Public Works Director, stated rain gardens do have a list of appropriate plantings.
If a rain garden is being proposed as part of their storm water management plan, all of those
details are worked out in advance and under agreement.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:34 P.M.
17. Consideration of an Ordinance Amending Chapter 205.04 of the Fridley City Code
Pertaining to General Provisions (Text Amendment, TA #05-06, Nonconforming
Uses and Structures).
MOTION by Councilmember Bolkcom to waive the reading and open the public hearing.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 8:34 P.M.
Ms. Jones, Planning Coordinator, stated in 2004, the State legislature changed language in the
State statute regarding non-conforming uses in structures. The proposed amendment will update
the City Code to match that new State language. What the State legislative change did is make
it possible for owners of legal non-conforming uses and structures to replace them providing they
do not expand the non-conformity. The Fridley City Code states that a non-conforming use
cannot be replaced if it is damaged to the point where it would take more than 50 percent of the
value of the property to replace it. They have also updated language in the sections of the zoning
code on erosion control and environmental quality. There is an additional change that staff just
discovered. They will bring the language to them at the first reading. Under Section 205.04.4.I,
staff would like to change the numbers to match language in Chapter 208. The Planning
Commission held a public hearing on this text amendment on November 2 and unanimously
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 11
recommended approval. Staff concurs with the recommendation of the Planning Commission
for approval of Text Amendment #OS-06. The next step for this ordinance would be a first
reading which is tentatively scheduled for the City Council meeting on January 9, 2006.
Councilmember Barnette said if a commercial property was destroyed by a fire prior to this
and it was over 50 percent destroyed, it could not be rebuilt. This will allow them to rebuild,
providing they meet certain stipulations of the City and the building code.
Ms. Jones replied that State law supersedes the City Code.
Mayor Lund said this applies to all properties--residential, commercial, or industrial.
Ms. Jones agreed.
Councilmember Bolkcom asked if the limit of 180 days was enough. She asked where the 180
days comes from.
Ms. Jones replied from the State statute.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:43 P.M.
18. Consideration of an Ordinance Amending Chapter 110 of the Fridley City Code
Pertaining to Water Quality (Text Amendment, TA #05-07, Hazardous Material
Dumping and Waterfowl Feeding).
MOTION by Councilmember Bolkcom to waive the reading and open the public hearing.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 8:43 P.M.
Rachel Harris, Environmental Planner, stated this was prompted by the previous agenda item.
The Federal and State PDS Rules require the City to take steps to prevent non-point source
pollution. It was also prompted by the commitment in the CWPA grant application to analyze
codes related to the City's water quality. Additionally, they wanted to improve chances of
obtaining flexibility on the DNR standards portion of our Shoreland Ordinance. This has been
reviewed by the Education Subcommittee of Springbrook Watershed (CWP Project) and the
Fridley Planning and Engineering staff, plus the Fridley Environmental Quality and Energy
Commission. Discussions led to two suggestions. One is to make dumping of hazardous
materials a public nuisance. The other is to make feeding of waterfowl a public nuisance.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 12
Ms. Harris stated the dumping of hazardous waste is something the State law already prohibits;
however, the small quantities they have encountered in Code enforcement cases do not merit
other agencies coming in to look at. City staff would like to cite those cases, but there is no
legislation within the Code that would make dumping these materials a violation. The proposed
language would make it a defined public nuisance for anyone to deposit or place hazardous
material in a manner that causes those materials to drain into a storm sewer drain or waterway or
on any unpaved surface.
Ms. Harris stated part two of this ordinance is regarding feeding waterfowl. The problems they
are most concerned about are the excess food left on the ground which eventually finds its way
into the water causing contamination. The waterfowl do need to eat plants to remain healthy.
Hand feeding of the waterfowl makes birds decide not to migrate south. They become dependent
on the food source here. Congregation of the birds in large groups causes faster spreading of
diseases. Feeding does tame the birds making them vulnerable to predators. The proposed
language would make it a defined public nuisance to intentionally feed waterfowl on their own
or someone else's property including parks and public land. The Fridley Parks and Recreation
Commission has repeatedly considered a ban for feeding waterfowl. In 1988, the Planning
Commission forwarded a motion to the City Council on a 2 to 2 vote. The City Council did not
pass an ordinance. The problem has been repeatedly discussed by the Parks and Recreation
Commission. The EQEC has been involved in the CWP Project oversights. They are supportive
of the hazardous waste addition to the Code. There was some discussion regarding prohibiting
the feeding of waterfowl and they were not supportive. EQEC members indicated they had
spoken with the public and noted that people enj oy taking their kids to the park to feed the ducks
and geese. The Planning Commission held a public hearing for the text amendment. They
unanimously approved the text amendment on November 2, 2005. Staff recommends that they
concur with the Planning Commission and approve Text Amendment, TA #OS-07. The next step
is a first reading of the ordinance tentatively scheduled for the January 9, 2006, City Council
meeting.
Councilmember Wolfe asked if they were just talking about waterfowl.
Ms. Harris replied, correct.
Councilmember Wolfe asked if Moore Lake beach opened later because of all the goose
droppings.
Ms. Harris replied she does know if feeding the geese contributes to them staying in their
habitat around Moore Lake. It is true that goose droppings do contribute to the bacteria breeding
in the lake. There are other contributing factors that, but it is true that the beach is generally
closed each season because of poor water quality. The congregation of the geese and their
droppings do contribute to a lower water quality.
Councilmember Bolkcom asked if it is a misdemeanor and if they could be fined.
Ms. Harris replied, correct.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 13
Mr. Knaak, City Attorney, said they could.
Councilmember Barnette stated he received two telephone calls. One was his neighbor who
was very concerned with the whole idea of this Avian flu and how it has spread.
Ms. Harris stated the bird flu is not a huge concern at this time.
Councilmember Bolkcom stated there are geese in her backyard and no one feeds them from
her house. She is not sure that just not feeding them is going to keep them away from Moore
Lake or any other body of water. She suggested doing a count before and after the ordinance is
passed.
Councilmember Wolfe stated when he was young that is where all of them hung out. He does
not go near the beach anymore because there is just goose droppings everywhere.
Councilmember Bolkcom replied she can have 50 geese in her backyard and it is not just that
anyone is feeding them.
Mayor Lund stated he feels it is going to be an educational process more than a fining process.
Richard Harris, 6200 Riverview Terrace, asked what hazardous material was.
Councilmember Billings said hazardous material shall include, but not be limited to, paints,
solvents, oils, automobile fluids, or any other liquid hazardous waste.
Mr. Harris stated so the guy who throws all the old mattresses in his parking lot, he is okay?
Councilmember Billings replied he is not in violation of this particular section.
Mr. Harris stated they should not feed any of the wildlife, but you are not going to convince
people of that. What he does in his own backyard, maybe they should stay out of that. They are
going to have a tough time trying to enforce that ordinance by the river. He said the real
problem is the lack of game management in the urban area by the DNR.
Councilmember Barnette said he supports the part on hazardous material dumping but the
other part, he does not know how they are ever going to enforce that, especially on people's
private property.
Mayor Lund asked staff why the part on feeding the waterfowl was included.
Ms. Jones, Planning Coordinator, said there were multiple reasons. It started with the Education
Subcommittee that worked on the Springbrook Watershed Clean Water Partnership Project. A
number of people on that committee raised concerns. The City has also had complaints from
neighbors about a particular person going to extremes to feed waterfowl in their backyard and
the quantity of birds was an issue for the neighbors. Staff is going to be reasonable about this.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 14
Mayor Lund said he supports it.
Councilmember Billings stated if this is on the books and people call and complain, they are
going to have to enforce it.
Mayor Lund said they can support it, especially when they get complaints.
Mr. Harris stated they should not be able to pick and choose the ordinances they want to
enforce. He thinks the 14th Amendment is pretty clear on that. If they are going to enact an
ordinance, then they enforce the ordinance.
Mayor Lund replied he agreed. It is tough to enforce. It does not mean they are discriminatory.
Councilmember Wolfe stated right now there is a sign that says "Do Not Feed the Geese" at
Moore Lake. That was just a deterrent, they did not make it a rule. Now if a police officer
drives by and sees someone doing it, then they have the ordinance in place. The police can do
something about it.
Councilmember Billings asked why they are limiting this to "liquid" hazardous waste. He
asked if there were any solid hazardous wastes that could melt down from rain and become
liquid. He said they need to think about whether they should expand the definition. In terms of
feeding the waterfowl, he has a problem with including property other than public land. He
would prefer to see that the hazardous material section be implemented upon adoption but would
prefer the feeding section to be strictly public land and have it go into effect on some date in the
future such as, for example, January 1, 2008. Signs could be placed on public lands where
feeding is predominant to indicate that the ordinance will go into effect January 1, 2008, and ask
people for their cooperation.
Councilmember Wolfe replied he would support that.
Councilmember Bolkcom asked why two years instead of one year.
Councilmember Billings replied he thinks they need to have adequate time to educate people.
Councilmember Wolfe stated he agreed with 99 percent of what he is saying. He thinks they
could do it by 2007, with the addition of fertilizers.
Ms. Harris stated she appreciates the addition of solids. They may be able to correct it by taking
the word "liquid" out.
Dr. Burns asked if they received a lot of complaints about residents feeding geese, deer or
raccoons.
Ms. Jones said it was not a common thing. It is her understanding they have addressed it in the
public nuisance code, which is very broad.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 15
Dr. Burns asked if they have another tool to handle it.
Ms. Jones replied it is vague and kind of a reach, but they have done that it in the past.
Peter Eisenzimmer, 6350 Oakley Drive, said when they put the aerator in Moore Lake that
brought all the ducks and everything in from all over the country. People are going to feed them.
There is not much they can do about that. They need to turn the aerator off so the ducks do not
go in there. He said not to write an ordinance if they were not going to enforce it.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 9:18 P.M.
19. Consideration of an Ordinance Repealing Chapter 105 of the Fridley City Code
Pertaining to Landscape Maintenance (Text Amendment, TA #05-08).
MOTION by Councilmember Bolkcom to waive the reading and open the public hearing.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 9:18 P.M.
Ms. Harris, Environmental Planner, stated this is to repeal Chapter 105, Weeds, and create a
new Chapter 105, Landscape Maintenance. The review of this Code was prompted by
commitment to the CWP grant application as stated in previously. The NPDS rules require cities
to take steps to prevent non-point source pollution and also, the code with the proposed language
could improve our chance of obtaining flexibility, DNR standards for Shoreland Ordinance.
This language has been reviewed by the Education Subcommittee of the Springbrook Watershed
CWP Project, the Fridley Planning and Engineering staff, the Fridley Environmental Quality and
Energy Commission, and the Fridley Planning Commission. Discussion results led to the repeal
of Chapter 105 and resulted in an emphasis on protection of waterways, such as no leaves or
grass clippings within 50 feet of waterways and no yard waste in the public right-of-way.
Granular fertilizers, pesticides, and herbicides must be swept from the paved surfaces. No
mowing or fertilizer applications within 20 feet of waterway edge. On properties with waterway
access, there be an allowance for a 10-foot wide mowed path and for public park land there
would be a 20-foot wide path for the vistas. New gutter downspouts must be directed onto a
landscaped area, not a paved area. Rain barrels would be permitted in the side and rear yard.
The Environmental Quality and Energy Commission reviewed proposed language in January
2004. There was no formal motion. The Commission agreed with most of the proposals in
general. The Planning Commission held a public hearing for the text amendment. They
unanimously approved the text amendment on November 2, 2005. Staff concurs with the
Planning Commission and recommends approval of Text Amendment #OS-08. The first reading
of the ordinance is scheduled for the City Council meeting on January 9, 2006.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 16
Councilmember Billings asked what the intent was to have newly installed roof gutter
downspouts diverted directly onto a landscaped area.
Ms. Harris replied the intent is to allow for two things. One, to filter the runoff into the ground
instead of allowing it to flow directly into the storm drain. Two, to slow down the velocity of the
water; again by having it soak into the ground instead of flowing directly into the storm drain.
Councilmember Billings stated in his case it would flow directly into his neighbor's basement
window. He asked about commercial buildings that may have a parking lot surrounding the
building. He asked how it would be enforced.
Ms. Jones, Planning Coordinator, said they are referring to new construction only.
Councilmember Billings said the ordinance says "newly-installed roof gutters." He just
installed roof gutter downspouts and they are brand new.
Ms. Jones replied he has raised some good points and they will need to look at language for
exemptions where they need to protect surrounding property in residential situations.
Ms. Jones stated in a commercial situation it would only apply to a new and different
installation, not just replacement of the existing.
Councilmember Wolfe asked about the new Target building.
Mr. Hickok, Community Development Director, replied typically on a new building like that,
there are internal scuppers that drop down to a storm pipe. The water is piped away from the
base of the building so you are not relying on a typical residential-type scupper or gutter where it
runs down the side of the building. It is not running overland. He said they do require a five-foot
setback for parking areas, sidewalks, and things like that so that does provide some landscape
area. It is an educational thing and if people know about it ahead of time, they can design the
pitch of their gutters so that it takes it to a direction that is most appropriate and complies with
this ordinance.
Mayor Lund said he thought they would need to put some safeguards in the ordinance.
Councilmember Bolkcom asked if she can put her own gutters in without a permit.
Councilmember Billings said gutters do not require a permit. Fascia and soffit require a permit.
Councilmember Bolkcom asked how they could get the word out to people if there is no permit
required. She asked what the purpose was for the 48-hour requirement for signs.
Ms. Jones said she believes the language was taken from State statute.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 17
Councilmember Bolkcom said with respect to Section E, does this mean she cannot mow the
grass where she lives because it says within 20 feet of the ordinary high water mark from any
waterway without approval from the City.
Ms. Harris replied, yes, that is the interpretation.
Councilmember Bolkcom asked what the purpose was for that requirement. She said if her
grass grows over 10 inches then can she be fined or would it be considered native plants or
vegetation.
Ms. Jones said the intent of the buffer strip is to protect water quality and to protect erosion on
the water body itsel£ It is something that is becoming real common practice.
Councilmember Bolkcom asked if they were taking away enjoyment of her property by telling
her that she cannot mow her lawn 20 feet from the natural high water mark If she does not mow
her grass and it gets over 10-inches, can they cite her because it is not natural vegetation. She
would have to walk through high grass in order to get to her dock.
Mr. Haukaas, Public Works Director, stated it is becoming more common across the metro area
to install these buffer strips around all waterways, whether it is a creek, lake, or pond. With
respect to her questions about walking through the grass, further in that paragraph it does say you
can mow a 10-foot wide walkway for just that purpose. The 25-foot wide vistas are for City park
land for the enjoyment of those areas and because of the larger machinery used to maintain them.
Councilmember Bolkcom asked what would happen if someone did not take care of their
property.
Ms. Jones replied there is no change proposed in how they address assessments for weed or
mowing violations. It would go through the normal process. In chronic situations where they
have notified people several times in a season to mow, they have been giving them a notice, and
then mowing and assessing it.
Councilmember Billings asked about the edging language.
Ms. Jones replied the edging language comes from the definition of designated natural area
where it is referred to as an edged border.
Councilmember Billings said believed Councilmember Bolkcom's concern is a valid concern.
They are telling people they have to keep it less than 10 inches except in designated natural areas
and they are not exempting the natural area within 20 feet of the water so you do have to keep it
less than 10 inches but you cannot mow it. Also, in 105(B) no person is permitted to deposit or
store yard waste of any kind in a public right-of-way. Should there be an exemption there for
yard waste pickup day.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 18
Ms. Jones replied she thinks the key word there is "store." Their Chapter 113, Solid Waste and
Management code, does specify that yard waste can only be set at the curb the day of pickup. So
what they are referring to here is yard waste that is stored like for a week or for the winter.
Councilmember Billings stated maybe they should put "except as provided in" and then specify
the Code.
Ms. Jones replied that is a good recommendation.
Councilmember Bolkcom stated she has a garden relatively close to the water. She can no
longer put her leaves on her garden in the wintertime because it states no person is permitted to
deposit leaves, grass clippings, or other waste material within 50 feet of the waterway, so she can
no longer put leaves on any of my gardens that are within 50 feet of the lake.
Mayor Lund stated he certainly understands some of the benefits that are being attempted here
to filter storm water runoff and the use of rain gardens, but he thinks it is too much to accept for
people who have been maintaining their yards.
Councilmember Bolkcom said she is all for not mowing the lawn into the water and not
fertilizing to the water's edge on any property. She asked what this is trying to do.
Richard Harris, 6200 Riverview Terrace, discussed storm water runoff on commercial
buildings. He said it will be a problem when the roofs need to be replaced.
Councilmember Bolkcom asked why they would be replaced.
Mr. Harris replied a few years back, because they wanted to insulate the buildings and be more
energy efficient, they went to Styrene insulation and had a serious problem with it. Some of it is
not as good as others. Consequently the sun on the black roof inelts the insulation. The foam is
disappearing and the roofs are shrinking and pulling away from the parapet walls. They used to
try to retain water on the roofs. They no longer do that. Now they slope the roofs to get the
water off as fast as they can and into the drainage retention areas. He has had a lot of experience
with the Shoreland Management operation over the past 20 years and, in the outlying areas, they
were always pushing for a 10-foot setback The 20-foot requirement is new. The idea behind it
was to keep fertilizer and storm water from rushing into the waterways. Things like poison ivy,
dandelions, and Canadian thistle are going to be a problem. It will be a real maintenance
problem. He asked what would be done about leaves from trees that get in the area. He said he
would recommend tabling this item.
Peter Eisenzimmer, 6350 Oakley Drive, said regarding gutters, he has concrete all the way
around his house draining out to cement. The concrete slabs save his yard; otherwise, it would
wash away. All the water in the neighborhood comes through his yard.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Wolfe.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 19
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 9:57 P.M.
20. Consideration of an Ordinance Repealing Chapter 208 of the Fridley City Code
Pertaining to Stormwater Management and Erosion Control (Text Amendment, TA
#05-10).
MOTION by Councilmember Barnette to waive the reading and open the public hearing.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 9:57 P.M.
Mr. Haukaas, Public Works Director, stated the purpose for this change is bring the City more
in compliance with some of the current stormwater management practices. This is based on a
model ordinance that was developed by the MPCA, and a lot of cities are using it; therefore, we
are going to be more consistent with what other agencies have been doing throughout the metro
area. The purpose of this ordinance is to control and eliminate stormwater pollution along with
soil erosion and sedimentation within the City of Fridley. It establishes standards and
specifications for the conservation practices and planning activities which minimize stormwater
pollution, erosion, soil erosion, and sedimentation. The ordinance defines common terms used
for stormwater management. It provides technical references that are approved by the State. It
sets requirements for what developers have to submit to them. It used to be just an erosion
control plan. Now it is a stormwater pollution control plan. It sets financial securities so they can
enforce these requirements. It also establishes enforcement inspection policies. Some building
permits are required to submit a stormwater pollution control plan. New home construction
requires a plan that shows how they are going to control erosion. The level of the plan depends
on the extent of the construction. It would require these temporary controls during construction,
timely restoration after storms, and then permanent controls. The ordinance will expand on those
permanent controls, no longer limiting them to the traditional ponding methods but allowing
some of the newer methods for underground storage or infiltration and for structural treatment
devices. One of the modifications he made to the ordinance is recognizing the fully-developed
nature of Fridley.
Councilmember Billings asked why the ordinance was going from 4 pages to 18 pages.
Mr. Haukaas replied a big part of that is the definitions. It also includes the stormwater
management portions, not just the erosion control components. Adding language for
enforcement, review and inspections takes up space. He chose to go with the State's model
ordinance. They did make some changes to be a little more Fridley-specific. His
recommendation is to make this change.
Councilmember Billings asked if the stormwater pollution control plan applies to a residential
homeowner.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 20
Mr. Haukaas replied the stormwater pollution control plan applies to all building permits, even
for a residential homeowner. It varies depending on the complexity of the proj ect.
Councilmember Wolfe said he believes in Minneapolis when it rains, people are charged for
any water going through their gutter.
Mr. Haukaas replied Minneapolis is a situation where they still had some combined sewer,
stormwater, and sanitary sewer.
Councilmember Bolkcom asked if Section 10 related to just construction. It says the buffer
width shall increase at least 2 feet to 4 feet for every one percent of sloped surrounding land. She
asked if that was more buffer for everyone that has slopes on their property.
Mr. Haukaas replied that is exactly it. This is buffer strip language similar to the previous
ordinance. It they choose not to go with buffers this should be changed.
Councilmember Bolkcom replied but it is not just including the 20 feet, now it is also
increasing the buffer width by at least 2 feet. Then it says 4 feet for all wetlands for every 1
percent of slope to the surrounding land. If she has a sloping backyard, her buffer is really
getting big.
Mayor Lund stated in other public hearings they were talking about the 20-foot buffer and now
they are talking about a 50-foot buffer. When does that apply?
Mr. Haukaas replied a lot of these buffer zones or regulations are from the State.
Mayor Lund stated he just wanted to be consistent.
Councilmember Bolkcom asked if the buffer was an additional2 feet or 4 feet.
Mr. Haukaas replied 2 additional feet for natural waterways and 4 additional feet for wetlands.
Councilmember Bolkcom stated in Section N it says if there is construction, the streets must be
cleaned and swept whenever tracking of sediment occurs and before the site is left idle for
weekends and holidays.
Mr. Haukaas replied they have to make sure they are clean at those times.
Councilmember Bolkcom replied it does not say that. It says must be cleaned and swept
whenever tracking sediment occurs and before the site is left idle for weekends and holidays. So
if the holiday is the 4th of July, it has to be swept and then swept again if it is left idle.
Mr. Haukaas replied if there is sediment there, yes.
Councilmember Bolkcom stated it does not say that, it says when tracking occurs and before
the site is left.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 21
Mr. Haukaas replied during construction they would make them sweep it every weekend. If the
streets are perfectly clean, they are not going to make them sweep them. There does have to be
some reasonableness taken in interpreting what is written.
Councilmember Bolkcom stated under Section F, you can mulch but you cannot plant. She
cannot put grass clippings or leaves but she can mulch within the 20 feet. It is okay to do it here
but not okay for her to do it in her own backyard.
Mr. Haukaas replied these minimum controls are required where soil is left bare. This is a
temporary measure until its final stabilization. There needs to be some ground cover to help
prevent erosion.
Mayor Lund asked what the preferred method of discharge was for pools.
Mr. Haukaas stated there is an ordinance that says you must dechlorinate the water prior to
discharging it into the storm sewer.
Richard Harris, 6200 Riverview Terrace, stated he would like to talk about how they retain or
detain our storm waters. Back in the early days, they did not have any open ponds. They had
low areas that detained the storm water for a certain period of time until it drained away
naturally. He asked why they are creating ponds with standing water.
Mr. Haukaas replied he thinks why that is happening is primarily the high cost of open space.
Land has become so expensive that they are making these ponds smaller and deeper.
Mr. Harris said they could also be a safety hazard.
Councilmember Bolkcom stated with respect to the section related to sediment basins, does that
also include sediment basins by the Rice Creek Watershed that they have developed. She asked
if they have to take care of those.
Mr. Haukaas said those are options to control runof£ It depends on the size of the development
and is site specific. He said none of this is new. This is how stormwater ordinances have been
developed since about 1983. Our language really was very loose. It did not give them the tools
they needed to enforce even the sweeping. He thinks this ordinance is a good thing for our City.
The majority of these are things that are going to be taken care when they are developing a site.
The engineers for a developer are going to have to go through the checklist and make sure that
everything is covered.
Councilmember Bolkcom stated it is not just related to construction. It is related to vegetative
buffered protection for lakes.
Mr. Haukaas replied she is correct. There are the permanent controls also.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 22
Councilmember Bolkcom stated she is not ready for this to come back on January 9. She is
very concerned. This is a huge impact for a lot of people. There are a lot of questions, and she
thinks there needs to be more discussion on this.
Mayor Lund stated he would say that Items 18, 19, and 20 all need some further discussion.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 10:28 P.M.
NEW BUSINESS:
21. Resolution Certifying Final Tax Levy Requirements for 2006 to the County of
Anoka.
Richard D. Pribyl, Finance Director, stated that at the last Council meeting, the City Manager
provided them with his 2006 budget message. The proposed levy complies with the State law
and other City Charter requirements. The City passed a proposed levy in August in the amount
of $8,757,188. The resolution before them is considered the final levy and is exactly the same
dollar amount. The 2006 levy represents an increase of 8.5 percent over the 2005 levy. The
average levy of all statewide jurisdictions is averaging 10.2 percent. The statewide city average
is actually amounting to an increase of 9.2 percent. Recapping the levy itself, the general fund is
at $8,189,475; the capital project fund, $100,230; our agency funds which incorporate the
watershed management organizations, $6,200 and $8,900; the market value based referenced
levy for Springbrook Nature Center at $282,700; and the bonds that actually support our street
projects at $169,683, for a total of $8,757,188. Staff recommends approval of the resolution.
This is the amount that has been used in the 2006 budget that they have been working on
throughout 2006 and is part of the 2006 truth in taxation process.
Peter Eisenzimmer, 6350 Oakley Drive, offered suggestions on what can be done to lower
taxes. He said the HRA costs the taxpayers $250,000 a year. He thinks the program should be
thrown out. He does not think the City should be in real estate. Spending on the Springbrook
area is $275,000. They have people working in the City that they do not need. They could cut
the money used to mow the grass on University Avenue and let the State take care of it. They do
not need tax increments. If they want to build in the City, they should pay the full tax. They
could save themselves almost $1 million. He said Council each got a new laptop computer a few
years ago and he figured that was an expense of about $10,000. Also some of the parks could be
torn down. Each park's playground is costing them from $30,000 to $60,000. Not all the parks
would have to be mowed and the part-time help could be cut back. We could then put more
homes up and get more tax money coming in.
MOTION by Councilmember Barnette to adopt Resolution No. 2005-81. Seconded by
Councilmember Bolkcom.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 23
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
22. Resolution Adopting the Final Budget for the Fiscal Year 2006.
Mr. Pribyl, Finance Director, stated everything they have prepared is in conformance with State
statutes and the City Charter requirements. The certification for the final budget must be to the
County Auditor by December 28. The City Manager's budget message is on the City's website
at www.ci.fridley.mn.us. They do have a total budget of all funds of $18,353,407 which is 11.6
percent over the 2005 budget.
Councilmember Billings stated there were a number of comments about cutting the budget. He
asked if they eliminated some employees in 2003.
Dr. Burns replied they made substantial cuts in 2003, not only full-time and part-time employee
cuts, but a long list of things out of the budget. There were seven full-time positions that were
cut out of the 2004 budget as a result of the loss of State government aid. Quite a number of
part-time positions were affected as well. The one position they are recommending be included
in the 2006 budget is the firefighter position. It had been budgeted for in 2003 and never filled.
There were a number of other positions that have been vacated or people retired and they kept
them vacant as well. They also discontinued membership with the North Metro Mayors
Association which was a savings of almost $18,000. They eliminated all national conferences
out of the City's budget; the City's contribution to Mediation Services of Anoka County (they
have since replaced that); the mowing of the University Avenue corridor (they have since
replaced that); contract street sweeping at a savings of $10,000; contract snow plowing at a cost
of $13,000; senior concession workers at Community Park at a savings of $3,400; the 49'er Days
contribution for a savings of $4,000; funding of skating rink attendants; the citizens survey at a
savings of $20,000 (they have since replaced that); money in the budget for lobbying services in
the amount of $15,000; employee appreciation and commission banquets at a savings of
$12,500; ongoing maintenance contract for cable equipment for a savings of $7,200; the yard
waste site at a savings of $7,360. They did do a thorough review of the budget, and cut almost
everything and anything that was not related to maintaining existing levels of service.
MOTION by Councilmember Barnette to adopt Resolution No. 2005-82.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Resolution Approving a Plat, P.S. #05-04, Lots 1 and 2, Olivia Grove, by the City of
Fridley, for the Purpose of Creating Two Lots, Generally Located at 753 and 755 —
53rd Avenue NE, Fridley, MN (Target Corporation) (Ward 1).
Councilmember Bolkcom asked if they have approved a final plat without having a
development agreement in place.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 24
Mr. Hickok, Community Development Director, said development agreements with the plat as a
companion document are a fairly recent happening. Typically the development agreement does
two things: it embodies basically the contractual arrangement for public improvements to
happen on a project, and the stipulations and plat itself. There is no public improvement related
to this project. The development agreement will embody the stipulations and that, too, would be
filed.
Councilmember Bolkcom asked the City attorney about Stipulation No. 13.
Mr. Knaak, City Attorney, said he is comfortable with this. It is not at all uncommon that they
would have parallel tracks between a development agreement and a commercial development
and in platting. It gives a City an opportunity to focus on additional specifics if they choose to.
In this case he would expect them to look very similar to each other.
Councilmember Bolkcom asked if he has seen a draft.
Mr. Knaak said he has. It is his understanding it is being currently reviewed by their attorney.
Councilmember Bolkcom stated by February 15.
Mr. Knaak replied, frankly, within a week.
Ms. Jones, Planning Coordinator, said she had a conversation with a representative from
Westwood who is working with Target on the development agreement and that is exactly when
they expect it will be done. They are on about a third draft of the development agreement.
There are just some minor details they need to work on. They should have it finished by the next
Council meeting.
Mr. Knaak stated he can say with some assurance that what differences he has seen in these
exchanges are not maj or.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2005-74 with the following
thirteen stipulations:
1. Petitioner shall obtain all necessary permits prior to construction.
2. Any remaining debris from demolition of existing buildings on site shall be removed
prior to granting of final plat.
3. Grading and drainage plan to be approved by City's engineering staff prior to issuance of
any building permits, in order to minimize impacts to the surrounding properties.
4. The petitioner shall provide proof that any e�sting wells or individual sewage treatment
systems located on the site are properly capped or removed.
5. During construction, silt fencing shall be used where applicable.
6. Petitioner to pay required park dedication fees of $0.023 per square foot for a total of
$19,308.98 for both plats prior to issuance of building permits.
7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 25
8. The petitioner shall agree to preserve mature trees to the extent possible. All trees
required to be removed for the new construction shall be marked and approved by City
staff prior to issuance of building permits.
9. Commercial building shall meet all parking and setback requirements unless abated by a
variance.
10. Add appropriate address and marking requirements per Fire Code.
11. The petitioner shall agree to the terms of a development agreement and shall be prepared
by City staff and approved by the City Council simultaneous with their final plat
approval.
12. Petitioner shall replace existing west fence from the southern edge of the adjoining City
park to the northwest corner of their property with 7' high vinyl coated chain link fence,
including installation of Engelman ivy planted 2' on center along the fence base along the
Cheri Lane cul de sac.
13. Target Corporation shall request any and all changes to the development agreement in a
timely manner, so that the development agreement can be finalized and before the City
Council for approval by February 15, 2006.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise
Permit for Fridley American Legion, Post 303, Generally Located at 7365 Central
Avenue NE (Ward 2).
Councilmember Bolkcom asked why they are going to extend the license from 2006 to 2008
when this does not expire until next year and it is suspended?
Mr. Pribyl, Finance Director, replied their current license expires on February 28, 2006. They
ordinarily require a 60-day lead time for renewal of the licenses. Although the license is
currently suspended, the State is actually making the request for them to bring it to Council to be
approved because they want to keep it in their normal license process. All of them run from
March 1, 2006, to February 28, 2008. They will keep their license under suspension until they
are satisfied the items that caused their suspension have been corrected.
Councilmember Bolkcom asked what would happen if they did not get their license back.
Mr. Pribyl stated they are just passing a resolution stating the City Council does not see any
reason that they would not be allowed the premise permit. The State actually issues the premise
permit.
MOTION by Councilmember Billings to amend the third "Whereas" paragraph of the resolution
to read as follows:
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 26
WHEREAS, the licensee's current license has been suspended for a two-year period
beginning December 14, 2004, and ending December 14, 2006; and
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2005-79 as amended.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Resolution Providing for Water Rate Change.
Mr. Eisenzimmer, 6350 Oakley Drive, asked if they changed this from 5,000,000 gallons.
Mr. Haukaas, Public Works Director, stated the 5,000,000 benchmark has always been in the
resolution related to water rates.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2005-78. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
23. Informal Status Reports.
There were no reports.
ADJOURN:
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 11:07 A.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
�
�
CffY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
January 3, 2006
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
An Ordinance for Text Amendment #05-05. First Reading to Amend Zoning Code
Pertaining to Curbing and Drainage Requirements
M 06-02
INTRODUCTION
On December 12, 2005, the City Council held a public hearing to amend the zoning code pertaining to
curbing and drainage requirements on residential, commercial, and industrial properties.
The purpose of this amendment is to allow the City to exempt curbing in situations where a project
includes approved storm water features, like natural swales or rain gardens. This amendment would
apply the same language change to Chapters 205.09.5. D, 205.13.5. D, 205.14.5. D, 205.15.5. D,
205.16.5. D, 205.17.5. D, 205.18.5. D, 205.19.6. D, 205.20.5. D, and 205.25.8. D. There is also a change
recommended to the Performance Standards section in all applicable sections of the Zoning Code,
referring to the Erosion Control, Chapter 208, in code. At the public hearing the Council suggested
no changes to the proposed text amendment.
In 2000, the City of Fridley received State grant funding to complete a wetland restoration project for
the Springbrook Nature Center wetland complex. One of the commitments made in the grant
application was that the City of Fridley would analyze its codes regarding surface water runoff quality
and quantity. The City further committed to drafting code amendments and sharing those proposed
amendments with the three other communities involved in the Springbrook Watershed Project. The
attached code changes have resulted from recommendations of the Education Subcommittee of the
Springbrook Watershed Project. Ultimately, it is up to Council as to whether they adopt the changes
recommended. The Springbrook grant commitment stopped short of assuring council approval.
PAST COUNCIL ACTION
On December 12, 2005, the City Council held a public hearing regarding TA #05-06.
COMMITTEE REVIEW
The Fridley Environmental Quality and Energy Commission has reviewed preliminary drafts of this
proposed text amendment and supported it.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission held a public hearing on this item at their November 2 meeting. No one
appeared to testify to this matter at the public hearing, and the Commission unanimously
recommended forwarding it on for Council approval. The public was notified at the meeting that the
City Council would not be reviewing this text amendment until its December 12, 2005, meeting due to
an unusually large number of items before them at the time.
PLANNING STAFF RECOMMENDATION
City Staff recommends the Council hold the first reading of an ordinance for the approval of the
proposed text amendment TA #05-05, to amend the zoning code pertaining to curbing and drainage
requirements, at the January 9th, 2006, City Council meeting.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING
TO CURBING AND DRAINAGE REQUIREMENTS
The City Council of the City of Fridley hereby finds, after review, examination and recommendation of
staff, that the Fridley City Code be hereby amended as follows:
Section l: That Section 205.09.S.D.(3) of the Fridley City Code be hereby amended as follows:
205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS (Ref. Ord. 1155,
1194)
5. PARKING REQUIREMENTS
D. Design Requirements
(3) Curbing.
The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck
loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a
poured six (6) inch high concrete curb and gutter.
(a) Curbing shall be required around safety islands.
(b) Curb cuts and ramps for the handicapped shall be installed as required by State law.
(c) Construction shall be in accordance with curbing specifications on file at the City.
(d) The City may exempt curbing:
((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the
grade of the parking lot and satisfies the curbing requirements.
((2)) Where the City has approved future expansion.
((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens.
Section 2: That Section 205.09.7.F of the Fridley City Code be hereby amended as follows:
205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS (Ref. Ord. 1155,
1194)
7. PERFORMANCE STANDARDS
F. Drainage and Grade Requirements
A finished ground grade shall be established such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per
horizontal foot of setback measured from curb grade.
(2) The City may specify a minimum finished ground grade for any structures in order to allow
proper drainage and connection to City utilities.
(3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and Erosion
Control.
Section 3: That Section 205.13.S.D.(3) of the Fridley City Code be hereby amended as follows:
205.13. Gl LOCAL BUSINESS DISTRICT REGULATIONS (Ref 1182)
5. PARHING REQUIREMENTS
D. Design Requirements.
(3) Curbing:
The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck
loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a
poured six (6) inch high concrete curb and gutter.
(a) Curbing shall be required around safety islands.
(b) Curb cuts and ramps for the handicapped shall be installed as required by State law.
(c) Construction shall be in accordance with curbing specifications on file at the City.
(d) The City may exempt curbing:
((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the
grade of the parking lot and satisfies the curbing requirements.
((2)) Where the City has approved future expansion.
((3)) Where the City has approved storm water features like natural swales or rain �ardens.
Section 4: That Section 205.13.7.E of the Fridley City Code be hereby amended as follows:
205.13. Gl LOCAL BUSINESS DISTRICT REGULATIONS (Ref 1182,1209)
7. PERFORMANCE STANDARDS
E. Drainage and Grade Requirements
A finished ground grade shall be established such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per
horizontal foot of setback measured from curb grade.
(2) The City may specify a minimum finished ground grade for any structures in order to allow
proper drainage and connection to City utilities.
(3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and
Erosion Control.
Section 5: That Section 205.14.S.D.(3) of the Fridley City Code be hereby amended as follows:
205.14. C-2 GENERAL BUSINESS DISTRICT REGULATIONS (Ref 1182)
5. PARHING REQUIREMENTS
D. Design Requirements.
(3) Curbing:
The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck
loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a
poured six (6) inch high concrete curb and gutter.
(a) Curbing shall be required around safety islands.
(b) Curb cuts and ramps for the handicapped shall be installed as required by State law.
(c) Construction shall be in accordance with curbing specifications on file at the City.
(d) The City may exempt curbing:
((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the
grade of the parking lot and satisfies the curbing requirements.
((2)) Where the City has approved future expansion.
((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens.
Section 6: That Section 205.14.7.E of the Fridley City Code be hereby amended as follows:
205.14 C-2 GENERAL BUSINESS DISTRICT REGULATIONS
7. PERFORMANCE STANDARDS
E. Drainage and Grade Requirements
A finished ground grade shall be established such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per
horizontal foot of setback measured from curb grade.
(2) The City may specify a minimum finished ground grade for any structures in order to allow
proper drainage and connection to City utilities.
(3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and
Erosion Control.
Section 7: That Section 205.15.S.D.(3) of the Fridley City Code be hereby amended as follows:
205.15 C-3 GENERAL SHOPPING CENTER DISTRICT REGULATIONS
5. PARKING REQUIREMENTS
D. Design Requirements
(3) Curbing.
The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck
loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a
poured six (6) inch high concrete curb and gutter.
(a) Curbing shall be required around safety islands.
(b) Curb cuts and ramps for the handicapped shall be installed as required by State law.
(c) Construction shall be in accordance with curbing specifications on file at the City.
(d) The City may exempt curbing:
((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the
grade of the parking lot and satisfies the curbing requirements.
((2)) Where the City has approved future expansion.
((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens.
Section 8: That Section 205.15.7.E of the Fridley City Code be hereby amended as follows:
205.15 C-3 GENERAL SHOPPING CENTER DISTRICT REGULATIONS
7. PERFORMANCE STANDARDS
E. Drainage and Grade Requirements
A finished ground grade shall be established such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per
horizontal foot of setback measured from curb grade.
(2) The City may specify a minimum finished ground grade for any structures in order to allow
proper drainage and connection to City utilities.
(3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and
Erosion Control.
Section 9: That Section 205.16.S.D.(3) of the Fridley City Code be hereby amended as follows:
205.16 CR-1 GENERAL OFFICE DISTRICT REGULATIONS
5. PARKING REQUIREMENTS
D. Design Requirements
(3) Curbing.
The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck
loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a
poured six (6) inch high concrete curb and gutter.
(a) Curbing shall be required around safety islands.
(b) Curb cuts and ramps for the handicapped shall be installed as required by State law.
(c) Construction shall be in accordance with curbing specifications on file at the City.
(d) The City may exempt curbing:
((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the
grade of the parking lot and satisfies the curbing requirements.
((2)) Where the City has approved future expansion.
((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens.
Section 10: That Section 205.16.7.E of the Fridley City Code be hereby amended as follows:
205.16 CR-1 GENERAL OFFICE DISTRICT REGULATIONS
7. PERFORMANCE STANDARDS
E. Drainage and Grade Requirements
A finished ground grade shall be established such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per
horizontal foot of setback measured from curb grade.
(2) The City may specify a minimum finished ground grade for any structures in order to allow
proper drainage and connection to City utilities.
(3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and
Erosion Control.
Section 11: That Section 205.17.S.D.(3) of the Fridley City Code be hereby amended as follows:
205.17. M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS
5. PARKING REQUIREMENTS
D. Design Requirements
(3) Curbing.
The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck
loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a
poured six (6) inch high concrete curb and gutter.
(a) Curbing shall be required around safety islands.
(b) Curb cuts and ramps for the handicapped shall be installed as required by State law.
(c) Construction shall be in accordance with curbing specifications on file at the City.
(d) The City may exempt curbing:
((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the
grade of the parking lot and satisfies the curbing requirements.
((2)) Where the City has approved future expansion.
((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens.
Section 12: That Section 205.17.7.E of the Fridley City Code be hereby amended as follows:
205.17. M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS
7. PERFORMANCE STANDARDS
E. Drainage and Grade Requirements
A finished ground grade shall be established such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per
horizontal foot of setback measured from curb grade.
(2) The City may specify a minimum finished ground grade for any structures in order to allow
proper drainage and connection to City utilities.
(3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and
Erosion Control.
Section 13: That Section 205.18.S.D.(3) of the Fridley City Code be hereby amended as follows:
205.18. M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS
5. PARKING REQUIREMENTS
D. Design Requirements
(3) Curbing.
The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck
loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a
poured six (6) inch high concrete curb and gutter.
(a) Curbing shall be required around safety islands.
(b) Curb cuts and ramps for the handicapped shall be installed as required by State law.
(c) Construction shall be in accordance with curbing specifications on file at the City.
(d) The City may exempt curbing:
((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the
grade of the parking lot and satisfies the curbing requirements.
((2)) Where the City has approved future expansion.
((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens.
Section 14: That Section 205.18.7.E.(3) of the Fridley City Code be hereby amended as follows:
205.18 M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS (Ref Ord. 1170,1182)
7. PERFORMANCE STANDARDS
E. Drainage and Grade Requirements
A finished ground grade shall be established such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per
horizontal foot of setback measured from curb grade.
(2) The City may specify a minimum finished ground grade for any structures in order to allow
proper drainage and connection to City utilities.
(3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and
Erosion Control.
Section 15: That Section 205.19.6.D.(3) of the Fridley City Code be hereby amended as follows:
205.19 M-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE DISTRICT
REGULATIONS (Ref. Ord. 995,1170,1182)
6. PARHING REQUIREMENTS
D. Design Requirements
(3) Curbing.
The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck
loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a
poured six (6) inch high concrete curb and gutter.
(a) Curbing shall be required around safety islands.
(b) Curb cuts and ramps for the handicapped shall be installed as required by State law.
(c) Construction shall be in accordance with curbing specifications on file at the City.
(d) The City may exempt curbing:
((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the
grade of the parking lot and satisfies the curbing requirements.
((2)) Where the City has approved future expansion.
((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens.
Section 16: That Section 205.19.8.E of the Fridley City Code be hereby amended as follows:
205.19 M-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE DISTRICT
REGULATIONS (Ref. Ord. 995,1170,1182)
8. PERFORMANCE STANDARDS
E. Drainage and Grade Requirements
A finished ground grade shall be established such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per
horizontal foot of setback measured from curb grade.
(2) The City may specify a minimum finished ground grade for any structures in order to allow
proper drainage and connection to City utilities.
(3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and
Erosion Control.
Section 17: That Section 205.20.S.D.(3) of the Fridley City Code be hereby amended as follows:
205.20. M-4 MANUFACTURING ONLY DISTRICT REGULATIONS (Ref. Ord. No. 1097, 1170,
1182)
5. PARKING REQUIREMENTS
D. Design Requirements
(3) Curbing.
The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck
loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a
poured six (6) inch high concrete curb and gutter.
(a) Curbing shall be required around safety islands.
(b) Curb cuts and ramps for the handicapped shall be installed as required by State law.
(c) Construction shall be in accordance with curbing specifications on file at the City.
(d) The City may exempt curbing:
((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the
grade of the parking lot and satisfies the curbing requirements.
((2)) Where the City has approved future expansion.
((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens.
Section 18: That Section 205.20.7.E of the Fridley City Code be hereby amended as follows:
205.20. M-4 MANUFACTURING ONLY DISTRICT REGULATIONS (Ref. Ord. No. 1097, 1170,
1182)
7. PERFORMANCE STANDARDS
E. Drainage and Grade Requirements
A finished ground grade shall be established such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per
horizontal foot of setback measured from curb grade.
(2) The City may specify a minimum finished ground grade for any structures in order to allow
proper drainage and connection to City utilities.
(3) Gradin� shall meet all other requirements of Chapter 208, Stormwater Mana�ement and
Erosion Control.
Section 19: That Section 205.25.8.D.(3) of the Fridley City Code be hereby amended as follows:
205.25. S-3, HEAVY INDUSTRIAL, ONAWAY ADDITION DISTRICT (Ref Ord 1170, 1185)
8. PARKING REQUIREMENTS
D. Design Requirements
(3) Curbing.
The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck
loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a
poured six (6) inch high concrete curb and gutter.
(a) Curbing shall be required around safety islands.
(b) Curb cuts and ramps for the handicapped shall be installed as required by State law.
(c) Construction shall be in accordance with curbing specifications on file at the City.
(d) The City may exempt curbing:
((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the
grade of the parking lot and satisfies the curbing requirements.
((2)) Where the City has approved future expansion.
((3)) Where the Cit�pproved storm water features like natural swales or rain �ardens.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF 2006.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: December 12, 2005
First Reading: January 9, 2006
Second Reading:
Published:
�
�
CffY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
January 3, 2006
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
An Ordinance for Text Amendment #05-06. First Reading to Amend Zoning Code
Pertaining to Nonconforming Uses and Structures
M 06-01
INTRODUCTION
On December 12, 2005, the City Council held a public hearing regarding the amendment of
Fridley's Zoning Code to bring the City's nonconforming uses and structures code language into
compliance with State Statutes.
In 2004, the State Legislature changed the language in Statute regarding Nonconforming Uses
and Structures. Previously, owners of nonconforming properties could not replace them if they
were destroyed by fire, flood, or other disasters. Fridley City Code contained compatible
language regarding these situations. Now, the State's legislative change makes it possible for
owners of nonconforming uses and structures to replace them, provided they do not expand the
nonconformity, making Fridley's Zoning Code in conflict with State Statute. In our current
circumstances of conflicting code requirements, the State Statute supersedes City Code, so
there has not been an urgent need for Fridley to immediately change our code.
Since staff is recommending adoption of a Shoreland Overlay District, which contains reference
to legal nonconforming structures, it is important for the City to amend the Zoning Code to
match the language in State Statute. The attached draft ordinance actually incorporates much of
the State Statute language into the City Code. Council suggested no changes to the
proposed amendment.
PAST COUNCIL ACTION
On December 12, 2005, the City Council held a public hearing regarding TA #05-06.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission held a public hearing on this item at their November 2, 2005,
meeting. No one appeared to testify to this matter at the public hearing, and the Commission
unanimously recommended forwarding it on for Council approval. The public was notified at the
meeting that the City Council would not be reviewing this text amendment until its December 12,
2005, meeting due to an unusually large number of items before them at the time.
PLANNING STAFF RECOMMENDATION
City Staff recommends the Council hold the first reading of an ordinance for the approval of the
proposed text amendment TA #05-06, regarding the amendment of Fridley's Zoning Code to
bring the nonconforming uses and structures into compliance with State Statutes, at the January
9, 2006, City Council meeting.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 205.04 OF THE FRIDLEY CITY CODE
PERTAINING TO GENERAL PROVISIONS
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
Section 1: That Section 205.04.1.0 of the Fridley City Code be hereby amended as follows:
205.04. GENERAL PROVISION
1. DECLARATION OF POLICY
C. No structure shall be erected, converted, enlarged, reconstructed or altered, and no
structure or land shall be used for any purpose or in any manner which is not in
conformity with the provisions of this � Code.
Section 2: That Section 205.04.3 of the Fridley City Code be hereby amended as follows:
205.04. GENERAL PROVISION
3. NONCONFORMING USES AND STRUCTURES
. .
�� ..
.�
r.���.��:�ae� . ��
I� ! .
I. � �
liii77�7�l1l�fE!!'l'ISZfl.T.lT�l� . El7:l�f�.El�.�:'lT�:EYl��:l.E
I_ .
.
i.
i_ .
�,,.,�.,,,.:.:..,..:..�:-;,:-:. -
.
Anv noncomformitv, includin� the lawful use or occupation of land or premises existing at
the time of the adoption of an additional control under this chapter, may be continued,
includin� throu�h repair, replacement, restoration, maintenance, or improvement, but not
includin� expansion, unless:
A. The nonconformity or occupancy is discontinued for a period of more than one .��
B. Any nonconformin� use is destro.�y fire or other peril to the extent of �reater than 50
percent of its market value, and no buildin� permit has been a�plied for within 180 da.��
when the property is dama�ed. In this case, the City ma.�pose reasonable conditions upon
a buildin� permit in order to miti�ate an.�y created impact on adj acent propert�
�C. The provisions herein for the continuance of nonconforming uses shall not prevent or
interfere with action that may be taken to abate any nuisance in any manner provided by law.
�D. Any structure or any portion of a structure which is situated unlawfully within a public
street or alley or other public way or thoroughfare, is hereby declared to be a nonconforming
use, whether or not its use is otherwise in conformity with the regulations of the district in
which said structure is located. Any such structure shall be subject to any and all applicable
regulations herein for nonconforming uses except in the event the City Council shall require
removal of the structure or portion thereof for a public purpose in which case such
requirement shall prevail.
�E. The provisions of this Chapter shall pertain to all lawful nonconforming uses or
structures as applicable and specifically to the performance standards outlined in the
established districts.
Section 3: That Section 204.04.4.L(4) of the Fridley City Code be hereby amended as
follows:
205.04. GENERAL PROVISION
4. BUILDING SITE (Ref. 1010)
I. No land shall be altered and no use shall be permitted that results in water run-off causing
flooding, erosion or deposits of minerals on adjacent properties. The following standards
shall be implemented:
(4) A� stormwater pollution control plan and time schedule shall be
submitted in accordance with Chapter 208, Stormwater Mana�ement and Erosion
Control.
Section 4: That Section 205.04.7.D.(2) of the Fridley City Code be hereby amended as
follows:
205.04. GENERAL PROVISION
7. ENVIRONMENTAL QUALITY
D. Erosion
(2) The City may review any development plan to ensure that erosion and sedimentation
shall be effectively controlled in accordance with Chapter 208, Stormwater
Mana�ement and Erosion Control.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2006.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: December 12, 2005
First Reading: January 9, 2006
Second Reading:
Publication:
DRAFT
CITY OF FRIDLEY
PLANNING COMMISSION MEETING
DECEMBER 21ST, 2005
CALL TO ORDER:
Chairperson Savage called the regular meeting of the Planning Commission to order at 7:30 p.m.
ROLL CALL:
Members Present: Diane Savage, Larry Kuechle, Barbara Johns, Blaine Jones (alternate)
Members Absent: David Kondrick, Dean Saba, Brad Dunham, Leroy Oquist
Others Present: Stacy Stromberg, City Planner
John Allen, Icon Identity Solutions for CVS Pharmacy
APPROVE PLANNING COMMISSION MEETING MINUTES - November 16t", 2005.
MOTION by Commissioner Kuechle, seconded by Commissioner Johns, to approve the minutes as
presented.
UPON UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS:
MOTION by Commissioner Johns, seconded by Commissioner Kuechle, to open the public hearing.
UPON UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:33 P.M.
1. Consideration of a Special Use Permit SP # 05-05, bv Crosstown Sipns, to allow the
installation of an electronic chanpeable sipn at CVS Pharmacv, aenerallv located at
5696 Universitv Avenue NE.
Ms. Stromberg, City Planner, presented a request from Crosstown Signs on behalf of CVS Pharmacy,
is requesting a special use permit to allow a free standing sign on the northeast corner of the property at
University Avenue and 57t" Avenue, of which 19 square feet with be used for the electronic message
sign. The subject property is located in the southwest corner of University Avenue and 57th Avenue.
The property is zoned C-3, General Shopping as are the properties to the west. The properties to the
north and east are zoned C-2, General Business and Interstate 694 is located to the south. The existing
building was constructed in 1983 as a Cattle Company Restaurant. The restaurant closed in 2004 and
has remained vacant. Commercial Net Lease Realty Services has since purchased the property and plans
to construct a CVS Pharmacy on the site.
Ms. Stromberg stated that on July 11, 2005, the City Council approved a variance to reduce the rear
yard setback from 40 feet to 26 feet to allow the construction of a new CVS Pharmacy on the subject
property. An additional variance was also approved to reduce the number of required parking stalls from
86 stalls to 75 stalls. CVS Pharmacy has submitted their building plans and has received city approval;
however, definite dates for demolition and construction are unknown. Currently, the Cattle Company
building remains on the site.
Ms. Stromberg reviewed that the code requirements of electronic changeable signs are an approved
special use in any zoning district, except residential, provided the message doesn't change more often
than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the
zoning district, in which the property is located. The subject property is zoned, C-3 General Shopping,
which requires that all free standing signage per development combined, can not exceed 80 square feet
in size. The proposed pylon sign is 42 square feet, with the electronic message portion of the sign being
19 sq ua re feet.
Ms. Stromberg stated that CVS Pharmacy is also proposing to install an additional free-standing sign on
the southeast corner of the site. The City sign code allows one free-standing sign per street frontage and
since the subject property has street frontage on both 57t" Avenue and University Avenue, they are
permitted to have two free-standing signs. This additional sign is proposed to be 35.3 square feet in
size. Both of the free standing signs will account for 77.3 square feet; therefore, meeting code
requirements. It should also be noted that both of the proposed signs with be more than fifty feet from
a residential district and are 15 ft. in height, which meets code requirements.
Ms. Stromberg stated City staff recommends approval of the special use permit as electronic
changeable signs are an approved special use in any zoning district, except residential provided the
message does not change more often than once every 45 seconds and provided the total square footage
of all free standing signs do not exceed 80 square feet per development, and subject to stipulations.
Ms. Stromberg stated City staff recommends that if the special use permit is granted, the following
stipulations be attached.
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. section of sign shall not change more often than once every 45 seconds.
3. Message on L.E.D. section of sign shall never flash or have motion that may distract
vehicular traffic in the area.
4. All free-standing signs shall be 10 feet from any property line or driveway.
Commissioner Savage questioned how many electronic changeable signs are in the City of Fridley and
the locations of these signs.
Ms. Stromberg estimated fewer than seven electronic changeable signs in the City of Fridley. She
recalled signs at the following locations: Holiday Gas Station on 57th Avenue, Menards, Fridley High
School, Dr. Dahl Chiropractic Clinic and Home Value.
Ms. Johns asked for clarification that there will be just one electronic changeable sign and the other sign
would be a free standing sign.
Ms. Stromberg answered that is correct.
Mr. Allen, representing CVS Pharmacy, did not have any additional comments to the presentation.
Commissioner Savage questioned if Mr. Allen had any problems with the stipulations.
Mr. Allen stated that he did not have any problems with the stipulations.
MOTION by Commissioner Kuechle, seconded by Commissioner Jones, to close the public hearing.
UPON UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:40 P.M.
Commissioner Kuechle commented that this is a fair request, meets all the code requirements of the
City and he would recommend approval.
Commissioner Johns agreed that the request is straight forward and if the sign stays within the
requirements listed, she would recommend approval as well.
Commissioner Savage concurred and even though she does not personally like electronic changeable
signs as they can be a distraction to traffic, there is no reason to deny this request as it meets all the
code requirements of the City of Fridley.
MOTION by Commissioner Jones, seconded by Commissioner Kuechle, to approve the Special Use
Permit SP #05-05, by Crosstown Signs, to allow the installation of an electronic changeable sign at
CVS Pharmacy, generally located at 5696 University Avenue NE, with the following stipulations:
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. section of sign shall not change more often than once every 45 seconds.
3. Message on L.E.D. section of sign shall never flash or have motion that may distract vehicular
traffic in the area.
4. All free-standing signs shall be 10 feet from any property line or driveway.
UPON UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED TO APPROVE SPECIAL USE PERMIT SP #05-05.
This will be brought to the City Council on January 9t", 2006 at 7:30 p.m.
2. Receive the minutes of the November 7, 2005, Parks and Recreation Commission
Meetinp.
MOTION by Commissioner Kuechle, seconded by Commissioner Johns, to receive the minutes as
presented.
3. Receive the minutes of the November 3, 2005, Housinp and Redevelopment Authoritv
Commission Meetinp.
MOTION by Commissioner Jones, seconded by Commissioner Johns, to receive the minutes as
presented.
OTHER BUSINESS:
Ms. Stromberg shared the year in review report as this will be the last meeting for 2005. There were 2
comprehensive plan amendments, 1 master plan amendment, 8 plats, 4 rezoning, 5 special use permits,
1 street/alley vacation and 10 zoning te� amendments. All of the zoning te� amendments were brought
to the Planning Commission from City Staff. Compared to last year, the Planning Commission received
more applications this year, but were almost equal with 2003. In 2003 we had 20 special use permits,
mostly due to the special use permit requirement for second accessory structures.
Photos were shared of the new Petco building constructed as a result of the replat for the new Petco and
Super Target. The Target Store will close after the first of the year and begin demolition and
construction of the new Super Target. Also a photo of the electronic sign at the Holiday Station was
shared.
It was a busy year and Planning Staff would like to thank the Planning Commission for all your hard work
in 2005 and wish you Happy Holidays.
AD70URNMENT:
MOTION by Commissioner Johns, seconded by Commissioner Jones to adjourn the meeting.
UPON UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MEETING AD70URNED AT 7:45 P.M.
Respectfully Submitted by,
Krista Monsrud
Recording Secretary
�
�
�
CRY OF
FRIDLEY
DATE:
TO:
FROM:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
January 4, 2006
William W. Burns, City Manager R;�� 1°
•11
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Development Agreement for Target, PS #05-04 (Olivia Grove)
M-06-05
INTRODUCTION
On June 15, 2005, the Planning Commission considered preliminary plat request PS #05-04, by
Target Corporation. The purpose of the new plat is to subdivide the current Target property to
allow construction of a free-standing PETCO and a new Super Target facility, located at 755
53`� Avenue.
City Staff and the Planning Commission recommended approval of plat request, PS #05-04,
with 12 stipulations. At the June 27, 2005, City Council meeting, the preliminary plat was
approved, with the 12 stipulations suggested by the Planning Commission and staff.
On December 12, 2005, the final plat was approved by the City Council, with an added stipulation
related to approving the Development Agreement for Target by February 15, 2006. The
development agreement has since been finalized and is ready for City Council approval. That
development agreement has 6een attached for your review and approval.
RECOMMENDATION
Staff recommends approval of the attached development agreement as submitted.
19
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made this day of , 2006, between the City
of Fridley, acting through its Mayor and City Manager (hereinafter called the "City"), and Target
Corporation, a Delaware Corporation doing business in the State of Minnesota, (hereinafter
collectively called the "Developer").
WHEREAS, The Developer has made application to the City Council for the redevelopment
and improvements upon a paxcel of land (hereinafter, "the Property") within the corporate limits
of the City described as follows:
ALL THOSE PORTIONS OF THE FOLLOWING DESCRIBED TRACTS OF LAND IN
ANOKA COUNTY, STATE OF MINNESOTA TO WIT:
(1)
�2)
(3)
(4)
(5)
c
THE NORTH THREE QUARTERS OF THE SOUTH HALF OF THE SOUTH
HALF OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 30,
RANGE 24, EXCEPTING THEREFROM THE WEST 1318.40 FEET
THEREOF;
ALSO THAT PART OF THE SOUTH HALF OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 23, WHICH LIES NORTH OF
THE SOUTH 10 ACRES THEREOF AND SOUTH OF THE SOUTH LINE OF
THE NORTH THREE QUARTERS OF THE SOUTH HALF OF THE SOUTH
HALF OF THE SOUTHEAST QUARTER, EXCEPTING THEREFROM THE
WEST 1318.40 FEET THEREOF;
THAT PART OF THE EAST HALF OF THE SOUTH 10 ACRES OF THE
SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER,'
SECTION 23, TOWNSHIP 30, RANGE 24 DECRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF
SAID 10 ACRES; THENCE EAST ALONG THE NORTH LINE OF SAID 10
ACRES A DISTRANCE OF 997.95 FEET; THENCE SOUTH TO A LINE
WHICH IS 30 FEET NORHT OF AND PAR.ALLEL TOTHE SOUTH LINE OF
SAID SECTION 23; THENCE WEST ALONG SAID PARALLEL LINE, A
DISTANCE OF 997.95 FEET TO THE WEST LINE OF THE SAID EAST
HALF OF THE SOUTH 10 ACRES; THENCE NORTH TO THE POINT OF
BEGINNING;
ALSO A STRIP OF LAND 30 FEET IN WIDTH ADJOINING THE FULL '
LENGTH AND IMMEDIATELY SOUTH OF THE TR.ACT DESCRIBED IN `
PARAGRAPH (3) ABOVE; .
THAT PART LOTS 8, 9, AND 10, IN AUDITOR'S SUBDIVISION NO 155 IN .
ANOKA COUNTY, LYING WEST AND SOUTH OF STATE HIGHWAYS
N0. 65 AND 100, LYING EAST OF THE EXTENSION NORTHERLY OF THE
EAST LINE OF TEMPLE TERRACE PLAT 2, AND LYING SOUTH AND
EAST OF MURDIX PARK;
EXCEPT THAT PART TAKEN FOR INTERSTATE HIGHWAY N0. 694 BY
THE STATE OF MINNESOTA, DESCRIBED IN THE FINAL CERTFICATE
20
0
DATED MARCH 27, 1973, FILED APRIL 6, 1973 IN BOOK 1023 OF DEEDS�
PAGE 595 AS DOCUMENT NO. 386778.
LYING WEST OF A LINE DR.AWN NORTH FROM A POINT ON THE
SOUTH LiNE OF LOT 12 IN AUDITOR'S SUBDIVISION NO. 155 AT AN
ANGLE OF 90 DEGREES WITH SAID SOUTH LINE, SAID POINT BEING
826.67 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 12;
EXCEPT, HOWEVER, FROM THE ABOVE DECRIBED PROPERTY, THE
FOLLOWING TRACT, TO-WIT:
ALL THOSEPARTS OF LOTS 8, 9, AND 10 IN AUDITOR'S SUBDIVISION
NO. 155 LYING EAST OF THE EXTENSION NORTHERLY OF THE EAST
LINE OF TEMPLE TERRANCE, PLAT NO. 2; AND LYING EAST AND
SOUTH OF MURDIX PARK; AND LYING WEST OF THE FOLLOWING
DESCRIBED LINE: BEGINNING THE NORTHEAST CORNER OF TEMPLE
TERRACE, PLAT 2; THENCE EAST ALONG THE SOUTH LINE OF SAID
LOT 10 A DISTANCE OF 18 FEET TO THE ACTUAL POINT OF
BEGINNING OF SAID DESCRIBED LINE; THENCE NORTHEAST AT AN
ANGLE TO THE LEFT OF 84 DEGREES 39 MINUTES 40 SECONDS A
DISTANCE OF 39.98 FEET; THENCE ON A TANGENTIAL CURVE TO THE
RIGHT WITH A RADIUS OF 314.94 FEET AND A DELTA ANGLE OF 10
DEGREES 52 MINUTES 58 SECONDS A DISTANCE OF 59.82 FEET;
THENCE NORTHEAST ON A TANGENTIAL CURVE TO THE RIGHT WITH
A R.ADIUS OF 247.28 FEET AND A DELTA ANGLE OF 40 DEGREES A
DISTANCE OF 172.63 FEET; THENCE NORTHEAST ON A TANGENT TO
LAST DESCRIBED CURVE A DISTANCE OF 130 FEET; THENCE
NORTHERLY ON A TANGENTIAL CURVE TO THE LEFT WITH A
R.ADIUS OF 27.63 FEET AND A DELTA ANGLE OF 57 DEGREES A
DISTANCE OF 27.49 FEET TO A POINT ON THE NORTH LINE OF SAID
LOT 10 AND 50 FEET EAST OF THE WEST LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP
30, R.ANGE 24; THENCE NORTH ON A LINE PARALLEL TO SAID WEST
LINE TO THE RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 694
AS THE SAME NOW EXISTS, AND THERE TERMINATING. (the
"Subdivision"); and to be described as LOT 1 AND 2, BLOCK 1, OLIVIA
GROVE
WHEREAS, the City Council, by resolution adopted , 2005, granted
Developer's request to subdivide and replat a portion of the property to allow the construction of
- a new Petco Building at 753 53id Avenue NE and a new Target Superstore building at 755 53`a
Avenue NE on the subdivision on the condition that the subdivision is developed according to
the site plan, dated , 2005, which is attached hereto and incorporated herein as
Exhibit F, and in accordance with stipulations of approval incorporated herein by reference .
2
21
NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows:
1. DESIGNATION OF IMPROVEMENTS. Improvements to be installed at the
Developer's expense by the Developer as hereinafter provided and more particularly described on
Exhibit E attached hereto are hereinafter referred to as"Developer Improvements". There are no
improvements to be installed by the City with respect to this Agreement.
2. DEVELOPER' S IMPROVEMENTS. The Developer will construct and instail at
Developer's expense the Developer Improvements according to the following terms and conditions:
A. The Developer shall retain a licensed professional engineer to design and submit
plans for approval by the City Engineer of all public and private site, street and
utility improvements. All plans and original survey information shall be provided to
the City in an AutoCAD compatible electronic format.
�;�
C�
The Developer shall do all site grading (unless otherwise determined and approved
hy City Engineer), common greenway and open spaces, storm water storage ponds
and surface drainage ways including sodding of boulevards, all in accordance with
the approved grading, drainage and erosion control plan. A grading plan with
maximum two-foot contours and cross sections as necessary sha11 be submitted and
approved by the City prior to commencement of any site grading. The Developer
shall be required to provide finished (sodded) elevation stakes and hubs for a11
drainage azeas and any other azeas as required by the City Engineer. The location of
sod elevation staking and hubs sha11 be as approved by the City. The elevation must
be installed on site, verified and approved by the City Engineer prior to issuance of
the Certificate of Occupancy.
The Developer shall control soil erosion insuring:
1. All development shall conform to the natural limitations presented by the
topography and soil of the subdivision in order to create the best potential
for preventing soil erosion. The Developer shall submit an erosion control
plan, detailing a11 erosion control measures to be implemented during
construction, said plan shall be approved by the City prior to the'
commencement of site grading or construction.
2.
Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as required
by the City shall be installed prior to development when necessary to control
erosion. Where the topsoil is removed, sufficient arable soil shall be set
aside for respreading over the developed area and also seeded, mulched, and
disk anchored. The topsoil shall be restored to a depth of at least four (4)
inches and shall be of a quality at least equal to the soil quality prior to
development.
22
3
0
�
F. The Developer shall make all necessary adjustments to the curb stops to bring them
flush with the topsoil (after grading).
G. The Developer shall remove and/or treat a11 dead or diseased trees (as deternuned by
the City Forester) before building permits will be issued. Burying or burning of
trees or construction debris is not permitted on the site. Designated trees, tree
stumps, or construction debris shall be removed from the site. Performance shall be
guaranteed by the financial guarantee recited herein as provided in Section 13
below.
H. Developer shall be responsible for street repairs and maintenance necessitated by
construction of the Developer Improvements, including curbs, boulevards, sod and
street sweeping until the project is complete. All streets shall be maintained free of
debris and soil from the site during construction of the Developer Improvements to
the satisfaction of the City Engineer. Warning signs shall be placed when hazards
develop in public and private streets, driveways and parking areas to prevent the
public from traveling on same and directing attention to detours. If and when the
public and private streets, driveways and/or parking areas become impassible, such
areas shall be barricaded and closed. Performance shall be guaranteed by the
financial guarantee recited herein as provided in Section 13 below.
I. The Developer shall dedicate and survey all storm water maintenance facilities,
(including ponds, swales, structural devices, etc) as required by the City. The
Developer sha11 be responsible for storm sewer and treatment facility cleaning, as
required by the City, prior to completion of the development. The Developer grants
the City the right to enter upon the property to perform all functions required of the
City under this Agreement and City ordinances. Performance sha11 be guaranteed by
the financial guarantee recited herein as provided in Section 13 below.
J. The Developer shall enter into Storm Water Maintenance Agreement for the
continued operation and cleaning for any storm water conveyance and treatment
facilities.
L. If not already existing, the Developer shall make provisions that all gas, telephone,
cable television (if available) and electric utilities sha11 be installed to serve the
development.
N. Estimated cost of Developer's Improvements, description and completion dates are
as listed in the Attached Exhibit E. Furthermore, Developer shall be responsible for
a11 of the development costs and fees outlined in the Stipulations listed in Exhibit A-
D attached hereto and made a part hereof.
O. Construction of Developer Improvements:
4
23
l. Construction. The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
All plans required under this Develapment Agreement shall be submitted in
electronic format.
2. Inspection. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental agency
having jurisdiction.
3. Easements. The Developer sha11 dedicate to the City, prior to approval of
the final plat, at no cost to the City, a11 permanent or temporary public utility
easements as shown on the plat. All such easements required by the City
sha11 be in writing, in recordable form, containing such terms and conditions
as the City shall determine. �
�
0
4. Faithful Performance of Construction Contracts. The Developer will fully
and faithfully comply with all terms and conditions of any and a11 contracts
entered into by the Developer for the installation and construction of all '
Developer's Improvements and hereby guarantees the workmanship and
materials for a period of one year following the City's final approval of the
Developer's Improvements. Concurrently with the execution hereof by the
Developer, the Developer will fumish to, and at all times thereafter during .
construction of the Developer Improvements and for a period of one year
following the City's final approval of the Developer Improvements maintain
with the City, a cash deposit, certified check, or Irrevocable Letter of Credit,
based on one hundred fifly (150%) percent of the total estimated cost of
Developer's Improvements as indicated in Exhibit E. The Irrevocable Letter
of Credit shall be for the exclusive use and benefit of the City of Fridley"and
sha11 state thereon that the same is issued to guazantee and assure
performance by the Developer of all the terms and conditions of this
De�elopment Agreement and construction of a11 Developer Improvements in
accordance with the ordinances and specifications of the City. The City
reserves the right to draw, in whole or in part, on any portion of the
Irrevocable Letter of Credit� for the purpose of guaranteeing the terms and
conditions of this contract as provided in Section 13 below. The Irrevocable
Letter of Credit shall be automatically renewed or replaced by not later than
thirty (30) days prior to its expiration with a like Letter of Credit during
construction of the Developer Improvements and for a period of one year
following the City's final approval of the Developer Improvements. -
5. Reduction of Escrow Guarantee. The Developer may request reduction of
the Letter of Credit, certified check or cash deposit based on payment for
completed improvements at the time of f.he requested reduction. The
amount of the reduction sha11 be determined and approved by the City
Engineer.
5
24
0
a
P. The Developer shall provide a licensed professional engineer or their duly
authorized representa.tive to oversee at the Developer's expense the Developer
Improvements until such improvements are completed and approved by the City.
Q. A one year maintenance bond shall be provided by the Developer upon issuance of
the building permit for the beveloper Improvements for any areas not covered by
the Minnesota Pollution Control Agency (MPCA) National Pollution Discharge
Elimination System (NPDES) erosion control permit. The workmanship and
materials warranty and the maintenance of such areas will include but not be limited
to the cost of turf restoration and erosion control.
3. CITY INSTALLED IMPROVEMENTS. No additional improvements to the City's system
aze anticipated as a result of this development. The Developer shall be responsible for all costs and
construction to connect the Developer Improvements to existing City infrastructure to the approval
of the City Engineer. Performance shall be guaranteed by the financial guarantee recited herein as
provided in Section 13 below.
4. RECORDING AND RELEASE. The Developer agrees that it shall perform all of the terms
of this Development Agreement, whether relating to Lot 1 or Lot 2 of the Subdivision, but this
Agreement shall be a covenant only against Lot 1 in the Subdivision. The Developer agrees that the
City shall have the right to record a copy of this Development Agreement with the Anoka County
Recorder to give notice to future purchasers and owners. This Agreement shall be recorded against
Lot 1 in the Subdivision described on Page 1 hereo£ Except for the plat and variance approval
stipulations contained in Exhibits A-D, which shall survive in perpetuity, the terms and provisions
of this Agreement shall automatically terminate one (1) year after the City certifies that the
Developer Improvements have been completed to the satisfaction of the City.
5. REIMBURSEMENT OF COSTS. In the event of a breach of this Agreement by
Developer, the Developer agrees to fully reimburse the Cifiy for all costs incurred by the City
including, but not limited, to the actual costs to the City of construction of any Developer
Improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of
necessary easements, if any, and any other costs incurred by the City relating to this Development
Agreement and the installation and financing of the Developer Improvements as provided in
Section 13 below.
No Certificate of Occupancy permit shall be issued for any building in the plat until the following
have been completed:
A. A letter from the Developer's engineer certifying the plat has been graded according to
' the grading, drainage and erosion control plan as approved by the City. The Developer
will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy
permit being issued.
6
25
B. RemovaUtreatment of a11 dead, dying or diseased trees, as determined by the City
Forester, from the property at the owner's expense or escrow for any remaining trees
that will need to be removed
C. The first lift of asphalt surface, sanitary sewer, storm sewer and water main, has been
constructed, considered operational, and approved by the City Engineer. The Developer
will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy
permit being issued.
D. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate
of Occupancy permit being issued to allow adequate time for an inspection to be
completed of all the required improvements.
The Developer further agrees that they will not cause to be occupied, any premises
constructed upon any properiy within the Subdivision until the completion of the gas, electric,
telephone, cable television (if available), streets to asphalt surface, sanitary sewer, storm sewer and
water main, un.less the City has agreed in writing to waive this requirement as to a specific
premises. The City Building Official will issue a stop work order for violation of silt fencing,
erosion control and tree protection.
7. CLEANUP. Developer sha11 promptly clean dirt and debris from streets daily and
surrounding properties that have resulted from construction by the Developer, its agents or assigns.
Performance shall be guaranteed by the financial guazantee recited herein as provided in Section 13
below. The City reserves the right to perform such work as necessary and assess all cost to the
Developer as provided in Seetion 13 below. The Developer sha11 be responsible for rubbish
blown off the building site.
8. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Agreement and acceptance by the City, the storm sewer main trunk lines, water
mains and sanitary sewer mains lying within the public easements, not including any service line
from these mains to any lot within the Subdivision, shall become City properry without further
notice or action. �
9. INSURANCE. Developer, its general contractor and/or a11 its subcontractors sha11 take out
and maintain until completion of the Developer Improvements and thereafter during any time work
is being performed pursuant to this Agreement, public liability and property damage insurance
covering personal injury, including death, and claims for property damage which may arise out of
any construction operations relating to the Developer Improvements. Limits for bodily injury and
death sha11 be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one
person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for
properly damage shall be not less than Three Hundred Thousand and no/100 ($300,000.00} Dollars
for each occurrence; or a combination single limit policy of One Million and no/100
($1,000,000.00) Dollars or more. The City shall be named as an additional insured on the policy,
and the Developer, its general contractor or a11 its subcontractors shall file with the City a certificate
evidencing coverage priar to the City signing the plat. The certificate sha11 provide that the City
7
26
0
0
� must be given ten (10) days advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the required notice.
10. REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer agrees to reimburse the
City for all costs incurred by the City in enforcement of this contract, or any portion thereof,
including court costs and reasonable engineering and attorneys' fees as provided in Section 13
below.
11. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase in
this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision
shall not affect or void any of the other provisions of the Development Agreement.
12. GENER.AL.
A. Bindin� Effect. The terms and provisions hereof shall be binding upon and inure to
the benefit of the current Developer and any of its successors and assigns.
B. Notices. Whenever in this agreement it shall be required or permitted that notice or
demand be given or served by either pariy to this agreement to or on the other party,
such notice or demand shall be delivered personally or mailed by United States
certified mail (return receipt requested) to the following address:
If to Developer: Target Corporation
Property Development
Attn: Rea1 Estate — Existing Stores
1000 Nicollet Mall
Minnea.polis, MN 55403
If to the City:
Such notice or demand shall be deemed timely given when delivered
personally or when deposited in the mail in accordance with the above. The
addresses of the parties hereto are as set forth until changed by notice given as
above.
C. Final Plat Approved. The City agrees to give final approval to the plat of the
� Subdivision upon execution and delivery of this agreement and of all required
petitions, bond and security.
D. Incorporation by Reference. All plans, special provisions, proposals, specifications
and contracts for the improvements furnished and let pursuant to this agreement
shall be and hereby aze made a part of this agreement by reference as fully as if set
out herein in fu1L
27
8
E. Assignment and Third Partv Benefits. This Development Agreement cannot be
assigned or transferred without the written consent of the City. There is no intent to
benefit any third parties and this Development Agreement shall not be deemed to
have conferred any rights upon any person or entity other than the Developer and the
City. No person or entity other than the Developer and the City shall be entitled to
make any claim under this Development Agreement.
F. Clerical Revisions. In the event that any technical or clerical revisions are need.ed in
this document or if for any reason the County Recorder deems this Development
Agreement un-recordable, the Developer shall cooperate with the City in the
execution or amendment of any revised Development Agreement.
13. REMEDIES FOR VIOLATIONS OF CONTRACT. If beveloper fails to observe or
perform any of the covenants, conditions or obligations of this Agreement within ten (10) days
after notice from the City to Developer of such failure (or if such failure is of a nature that cannot
be corrected within the ten (10) day period, then if Developer fails to commence the correction of
such failure within the ten (10) day period and diligently prosecute the same thereafter), then, in
addition to all of its other rights and remedies set forth herein, the City shall have the right, but
not the obligation, to cure such default on the account of and at the expense of Developer. To
effectuate any such cure, the City shall have the right to enter upon the site and perform any
necessary work or furnish any necessary materials or services to cure the default.
If the City cures any default of Developer as described in the preceding paragraph,
Developer shall reimburse the City for all costs and expenses incurred in connection with such
curative action within thirty (30) days after receipt of a written demand therefor, together with
reasonable documentation supporting the expenditures made. If payment is notmade within
such thirty (30) day period, the City may draw down the deposit or letter of credit posted by
Developer pursuant to Section 4 above by such amount. If the plat is a phase of a multi-phase
preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer
has breached this contract and the breach has not been remedied.
14. COLTNTERPARTS. This Agreement may be signed in several counterparts, each of
which shall be deemed an original, and all such counterparts shall constitute one and the same
instrument.
[SIGNATURE PAGES FOLLOW]
.
•
J
9
.
IN WITNESS WHEREOF, SIGNED AND EXECUTED by the parties as the date first
above written.
DEVELOPER:
TARGET COPOR.ATION,
a Minnesota corporation
�[;r.'ca�.�-�r.rr
��.�u��T-; _ ��!,�r;�;::�r,
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This ' ent was acknowled.ged before me on this day o ���
2006, by C�i L_���(ii�ll. �, as
of TARGET CORPORATIO , a Minnesota corporation.
tary Pu 'c �
My Commission expires:
;,;,,R GEORGETiE WALCZYK�ONNELL
' u • Notary PubEic
MinnesQta
" NN Conunissioa fxyires .Ia�H 31, 2006
1�
29
CITY OF FRIDLEY
AT'TEST:
By: By:
Scott 7. Lund Debra A. Skogen
Mayor _ City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF )
This instrument was acknowledged. before me on this day of ,
2006, by , as of the City of
Fridley.
Notary Public
My Commission expires:
30 11
�
EXHIBIT A- 5TIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL FOR
PRELIMINARY PLAT, PS #05-04.
1. Petitzoner shall obtain all necessary permits prior to construcrion.
2. Any remaining debris from demolition of existing buildings on site shall be removed prior
to granting of final plat.
3. Grading and drainage plan to be approved by City s engineering staff prior to the
issuance of any building permits, in order to minimize impacts to the surrounding
properties.
4. The petitioner shall provide proof that any existing wells or individual sewage treatment
systems located on the site are properly capped or removed.
S. During construction, silt fencing shall be used where applicable.
6. Petitioner to pay required park dedication fees of $0. 023 per square foot for a total of
$19,308.98 for both plats prior to issuance of building permits.
7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension.
8. The petitioner shall agree to preserve mature trees to the extent possible. All trees
required to be removed for the new construction shall be marked and approved by City
staffprior to issuance of building permits.
9. Commercial building shall meet all parking and setback requirements unless abated by a
variance.
10. Add appropriate address and marking requirements per Fire Code.
11. The petitioner shall agree to the terms of a development agreement that shall be prepared
by City staff and approved by the City Council simultaneous with their final plat
approval.
12. Petitioner shall replace existing west fence from the southern edge of the adjoining City
park to the northwest corner of their property with 7' high vinyl coated chain link fence,
including installation of Engleman ivy planted 2' on center along the fence base along
the Cheri Lane cul-de-sac.
12
31
EXHIBIT B— STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL FOR
VARIANCE, VAR #05-07.
1. Petitioner to obtain all necessary permits prior to construction.
2. Petitioner to meet all building, fire, and ADA requirements.
3. Existing building and proposed to be sprinkled to MNRules Chapter 1306.
4. City engineering staff to review and approve grading and drainage plan prior to issuance
af building permits.
S. Petitioner to submit storm pond maintenance agreement (if a pond is necessary) prior to
issuance of a building permit.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
7. Petitioner to provide landscaped hedges along the west and south side property lfnes,
when abutting a single family residence.
8. All lighting on the property shall be shielded and downcast and sha11 not exceed 3 foot
candles at the property line.
32
�
13
0
n
0
EXHIBIT C— STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL FOR
VARIANCE, VAR #05-08.
1. All existing signs located on the property shall be removed upon demolition of the
buildings.
2. Any existing sign variances will be null and void with approval of this new variarcce(s).
3. The minimum height from the bottom of the new pylon sign and the finished ground grade
will be ten feet or the sign will be placed at least 25' backfrom all property lines.
4. No additional free standing signs shall be allowed on this site besides the two approved.
5. This variance shall remain in effect unless any of the following occur:
A. The sign is altered in any way, except for routine maintenance and change of
messages which makes the sign less in compliance with requirements.
B. The supporting structure of the sign is replaced or remodeled.
C. The face of the sign is replaced or remodeled.
D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance
is more than SO% of the value of the sign, at which time all of the sign and its
structure shall be removed.
E. Notwithstanding subparagraph (A) above, upon the change of the name of the
business being displayed on this sign.
6. No additional future signage shall be permitted on any building face beyond that which is
approved by this variance action.
7. Petitioner shall provide adequate assurance that a recordable prohibition of additional
free standing signage will e.zist on Lot 2.
33
14
0
EXHIBIT D— STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL FOR -
VARIANCE, VAR #OS-09. (PETCO)
1. The petitioner shall obtain all necessary building permits prior to construction.
2. The petitioner shall create a four sided building, (architecturally to be reviewed and
approved by staff prior to issuance of building permit).
3. The petitioner shall work with metro transit to relocate the existing bus stop to the area
immediately south of the PETCO building.
4. The petitioner shall provide a pedestrian connection to the existing sidewalk along 53'd
Avenue NE,
S. The petitioner shall provide green space to the south of the proposed PETCO building.
. 34
i5
EXHIBIT E- DESCRIPTION, ESTIMATED COST, AND PROPOSED COMPLETION
DATES OF DEVELOPER'S AND PUBLIC IMPROVEMENTS
I Developer's Im�rovements Estimated Cost Completion
1. Site grading, certification letter, as-builts $10,000 / /
2. Lot Stakes $0 / /
3. Diseased Tree Removal $0 / /
4. Erosion control, sweeping, tree protection $ 5,000 on-going
5. Installation of sod on boulevards $ 5,000 on-going
L Total Estimated Cost for
Developer's Improvements $20,000
Estimated Legal, Inspection, and Administrative Cost (15%) $ 3,000
Securi� Requirement (150%1 $34,500
35
16
�
�
CffY OF
FRIDLEY
Date
To:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
January 4, 2006
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Special Use Permit Request, SP #05-05, Crosstown Signs
M-06-07
INTRODUCTION
Crosstown Signs on behalf of CVS Pharmacy, is requesting a special use permit to allow a free
standing electronic changeable message sign at the proposed new CVS Pharmacy to be
located at 5696 University Avenue (Existing Cattle Company site).
The petitioner is proposing to construct a 42 square foot free standing sign on the northeast
corner of the property at University Avenue and 57th Avenue, of which 19 square feet with be
used for the electronic message sign.
,
�
Electronic changeable signs are an approved special use in any zoning district, except
residential, provided the message doesn't change more often than once every 45 seconds. The
sign also needs to be in conformance with the sign requirements for the zoning district, in which
the property is located. The subject property is zoned, C-3 General Shopping, which requires
that all free standing signage per development combined, can not exceed 80 square feet in
size. The proposed pylon sign is 42 square feet, with the electronic message portion of the sign
being 19 square feet.
CVS Pharmacy is also proposing to install an additional free-standing sign on the southeast
corner of the site. The City sign code allows one free-standing sign per street frontage and
since the subject property has street frontage on both 57th Avenue and University Avenue, they
are permitted to have two free-standing signs. This additional sign is proposed to be 35.3
square feet in size. Both of the free standing signs will account for 77.3 square feet; therefore,
meeting code requirements. It should also be noted that both of the proposed signs with be
more than fifty feet from a residential district and are 15 ft. in height, which meets code
requirements.
PLANNING COMMISSION RECOMMENDATION
At the December 21, 2005, Planning Commission meeting, a public hearing was held for SP
#05-05. After a brief discussion, the Planning Commission recommended approval of SP #05-
05, with the stipulations as presented.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. section of sign shall not change more often than once every 45
seconds.
3. Message on L.E.D. section of sign shall never flash or have motion that may distract
vehicular traffic in the area.
4. All free-standing signs shall be 10 feet from any property line or driveway.
City of Fridley Land Use Application
SP #05-05
GENERAL INFORMATION
Applicant:
Crosstown Signs
16037 Aberdeen Street NE
Ham Lake MN 55304
Requested Action:
Special Use Permit for an electronic
changeable sign
Existing Zoning:
C-3, General Shopping
Location:
5696 University Avenue NE
Size:
69,548 sq. ft. 1.58 acres
Existing Land Use:
Proposed CVS Pharmacy
Surrounding Land Use & Zoning:
N: Burger King & C-2
E: University Avenue & ROW
S: Fridley Liquor, I-694 and C-3 & ROW
W: Cub Foods & C-3
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Code Conformance:
Sec. 214.07.1 requires a special use
permit for an automatic changeable
sian.
Zoning History:
1983 — Lot is platted.
1983 — Cattle Company Restaurant
constructed.
2005 — Variance granted for number of
parking stalls and rear yard setback
Legal Description of Property:
Lot2, Block 1, Holiday North 1St
Addition, subject to easement of record
Public Utilities:
Existing Cattle Company building is
connected.
Transportation:
The property receives access from 57tn
Avenue
December 21, 2005
SPECIAL INFORMATION
Physical Characteristics:
Lot is fully developed, contains existing Cattle
Company building, parking, & landscaped
areas. The building is vacant.
SUMMARY OF PROJECT
Crosstown Signs, on behalf of CVS Pharmacy,
is seeking a special use permit to allow a free
standing electronic changeable message sign
at the proposed new CVS Pharmacy to be
located at 5696 University Avenue.
SUMMARY OF ANALYSIS
City Staff recommends approval of this special
use permit request.
The proposed use is an approved special use,
provided the message does not change more
often than once every 45 seconds.
Photo of Property
CITY COUNCIL ACTION / 60 DAY DATE
City Council — January 9, 2006
60 Day Date — January 16, 2006
Staff Report Prepared by: Stacy Stromberg
SP #05-05
REQUEST
Crosstown Signs on behalf of CVS Pharmacy, is requesting a special use permit to allow a free
standing electronic changeable message sign at the proposed new CVS Pharmacy to be
located at 5696 University Avenue (Existing Cattle Company site).
The petitioner is proposing to construct a 42 square foot free standing sign on the northeast
corner of the property at University Avenue and 57th Avenue, of which 19 square feet with be
used for the electronic message sign.
�- ��������
� � � � x
�;
��� � � � �
� �.. ..
��:��°��..�:°���#�dx�� ���x�,.
�
��'��¢.!������:�9,,a1RC��li�i���3(:����L'S��i i�Ri���
�
Proposed Sign
HISTORY AND ANALYSIS
The subject property is located in the southwest corner
of University Avenue and 57th Avenue. The property
is zoned C-3, General Shopping as are the properties
to the west. The properties to the north and east are
zoned C-2, General Business and Interstate 694 is
located to the south. The existing building was
constructed in 1983 as a Cattle Company Restaurant.
The restaurant closed in 2004 and has remained
vacant. Commercial Net Lease Realty Services has
since purchased the property and plans to construct a
CVS Pharmacy on the site.
On July 11, 2005, the City Council approved a
variance to reduce the rear yard setback from 40 feet
to 26 feet to allow the construction of a new CVS
�
�
��
�
.
Pharmacy on the subject property. An additional variance was also approved to reduce the
number of required parking stalls from 86 stalls to 75 stalls. CVS Pharmacy has submitted their
building plans and has received city approval; however, definite dates for demolition and
construction are unknown. Currently, the Cattle Company building remains on the site.
CODE REQUIREMENTS
Electronic changeable signs are an approved special use in any zoning district, except
residential, provided the message doesn't change more often than once every 45 seconds. The
sign also needs to be in conformance with the sign requirements for the zoning district, in which
the property is located. The subject property is zoned, C-3 General Shopping, which requires
that all free standing signage per development combined, can not exceed 80 square feet in size.
The proposed pylon sign is 42 square feet, with the electronic message portion of the sign being
19 square feet.
CVS Pharmacy is also proposing to install an additional free-standing sign on the southeast
corner of the site. The City sign code allows one free-standing sign per street frontage and
since the subject property has street frontage on both 57th Avenue and University Avenue, they
are permitted to have two free-standing signs. This additional sign is proposed to be 35.3
square feet in size. Both of the free standing signs will account for 77.3 square feet; therefore,
meeting code requirements. It should also be noted that both of the proposed signs with be
more than fifty feet from a residential district and are 15 ft. in height, which meets code
requirements.
STAFF RECOMMENDATION
City Staff recommends approval of the special use permit for as electronic changeable signs are
an approved special use in any zoning district, except residential provided the message does
not change more often than once every 45 seconds and provided the total square footage of all
free standing signs do not exceed 80 square feet per development, and subject to stipulations.
STIPULATIONS
City Staff recommends that if the special use permit is granted, the following stipulations be
attached.
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
2. Message on L.E.D. section of sign shall not change more often than once every 45
seconds.
3. Message on L.E.D. section of sign shall never flash or have motion that may distract
vehicular traffic in the area.
4. All free-standing signs shall be 10 feet from any property line or driveway.
�
�
CffY OF
FRIDLEY
T�:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
William W. Burns, City Manager
Jon Fi. Fiaukaas, Public Works Director
January 3, 2006
Contract Amendment with SEI1 for ST 2006
PW06-005
As we have moved through the design process for the 2006 street reconstruction project, it
was found that the information provided to Short Elliott Fiendrickson Inc. (SEFi) in order for
them to give us a contract price was incomplete. Specifically, two streets in the project
were not marked on our provided map. Consultants base their contract estimates on lineal
footage of street to be reconstructed. These missing streets will require several additional
plan sheets plus the survey and design work associated with them. SEFi is requesting an
additional �8,500 to include these streets and staff agrees that this is a reasonable price
and necessary.
Additionally, as we begin to design the Community Park Ballfield improvements, it was noted
that several of the light poles will need to be raised and rewired due to the grade change.
This extra work required the input of a structural and an electrical engineer to design and
create the necessary plan sheets for this work. SEFi has requested an additional �8,301 for
this work and staff agrees that this is a reasonable request and necessary for the scope of
work proposed.
Both these costs are not-to-exceed and include all reimbursable expenses.
Recommend the City Council approve a contract amendment with SEFi for design services
on the 2006 Street Improvement Project in the amount of �16,801 for a revised contract
total of �174,989.
Jtiti:cz
J
0
December 8, 2005 RE: Fridley, Minnesota
2006 Neighborhood Street Improvement Project
Additional Engineering Services
City Project No. ST 2005-1
SEH No. P-FRIDL0503.00 10.00
Mr. Jon H. Haukaas, PE
Public Works Director and City Engineer
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
Dear Jon:
We respectfully request that the City consider increasing our not-to-exceed fee for the referenced project
(project) from $158,188 to $174,989. The following table summarizes this $16,801 increase to our not-
to-exceed fee.
Not-to-Exceed
Item Fee
Overton Drive and 67�' Avenue $8,500
Adjust Lighting for Baseball Fields 5 and 6 $g,301
at Community Park
Total Not-to-Exceed Fee $16,801
For your convenience, we summarize below the two (2) parts of this increase to our not-to-exceed fee.
Overton Drive and 67�' Avenue
Please recall that at our November 4�h project review meeting, we brought to the City's attention that the
portions of Overton Drive and 67th Avenue to be reconstructed with the project were not included in our
fee proposal dated August 4, 2005 (proposal). As of August 4, 2005, the City had not yet added portions
of these two (2) streets to the project. We have enclosed a map of the project area labeled Figure No. 1
showing the limits of these two streets now added to the project area.
� We will provide the services to the City outlined in the task hour budget that was enclosed with the
proposal for these two (2) streets for a not-to-exceed fee of $8,500. This not-to-exceed fee includes
• reimbursable expenses.
Adjust Lighting for Baseball Fields 5 and 6 at Community Park
Our visit with City staff to Community Park's baseball fields 5 and 6(fields) on November 4 revealed
that adjustments are necessary to the fields lighting system. In particular, excavation generated by the
43
project will be placed as fill across the fields. Without adjustment, the existing concrete foundations for . _
the fields light poles will be approximately three (3) feet below the proposed finished grade of the fields.
This condition is unsatisfactory for a variety of reasons.
We will provide the services to the City outlined in the enclosed task hour budget titled Task Hour
Budget — Adjust Lighting for Baseball Fields 5 and 6 at Community Park and dated December 8, 2005
for a not-to-exceed fee of $8,301. This not-to-exceed fee includes reimbursable expenses.
Conclusion
If the City finds this proposal acceptable, our not-to-exceed fee would be adjusted to $174,989 on our
invoice for services delivered to the City for the period ending December 31, 2005. The dates of key
milestones given inthe proposal remain unchanged by this additional work.
This letter agreement represents the entire understanding between the City of Fridley and the SEH in
respect to this additional work for the project and may only be modified in writing if signed by both
parties. If this letter satisfactorily sets forth the City's understanding of this project, please sign and date
both letters and return one to me at the address shown on this letterhead. In the meantime, please contact
me at 952912.2611 or ppasko�,a�.sehinc.com with questions or comments.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Paul J. Pasko III, PE/Associate
Project Manager
Enclosures
Accepted on this _day of_
City of Fridley, Minnesota
By:
Name
Title:
c: Jason Sprague, SEH
Ken Taillon, SEH
Chad Millner, SEH
V:�F�Fridl\050300U-Genl\IOU2 12 OS proposal I.doc
2005
i i
�
�
CffY OF
FRIDLEY
T�:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
William W. Burns, City Manager
Jon Fi. Fiaukaas, Public Works Director
Layne Otteson, Asst Public Works Director
January 5, 2006
Street Improvement Project I`lo. ST. 2006 - 1
PW06-007
The attached resolution orders the final plans, specifications and cost estimates for the Street
Improvement Project I`lo. ST. 2006 - 1.
Recommend the City Council adopt the resolution to continue with final design of the project.
LO/Jtiti:cz
Attachment
RESOLUTION NO. 2006 -
RESOLUTION ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF
COSTS THEREOF: NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2006 - 1
WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and
the property owners affected thereby, and
WHEREAS, the City of Fridley has prepared a Capital Improvement Plan to systematically reconstruct streets in
the City to a standard section including concrete curb and gutter, and
WHEREAS, the consulting firm of Short Elliot Hendrickson was awarded the design contract for Project No. ST.
2006 — 1 at the August 22, 2005 City Council Meeting, such contract including the preparation of a feasibility
report and estimates of costs thereof for the improvements, and
WHEREAS, Resolution No. 2005 — 67 received the preliminary report and called for a public hearing on the
matter of the construction of certain improvements for this project, and
WHEREAS, a public hearing was held on December 12, 2005 regarding this project, and
WHEREAS, the City Council has determined a need to reconstruct the streets to maintain them in a safe condition
and at a reasonable cost.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows:
That the final plans, specifications, and estimates be prepared by the City's consultant SEH and
submitted by the Public Works Director, is hereby ordered.
2. That the following improvements proposed by Council Resolution No. 2005 — 67 are hereby ordered
to be effected and completed as soon as reasonably possible, to-wit:
63rd Avenue — Quincy Street to Jackson Street
64�' Avenue — Jackson Street to Van Buren Street
66�' Avenue — Jackson Street to Able Street
67"' Avenue — Monroe Street to Quincy Street
68�' Avenue — Pandora Drive to Oakley Street
69"' Avenue — 145' west of Rice Creek Blvd to University West Service Drive
69�' Place — Rice Creek Blvd to 69�' Avenue
Able Street — Mississippi Street to 66"' Avenue
Able Street — Overton Street to Rice Creek TerraceBennett Drive — Quincy Street to Jackson Street
Jackson Street — 63rd Avenue to 68�' Street
Jefferson Street — Madison Street to 210' south
Kennaston Drive — Monroe Street to 68�' Avenue
Kennaston Drive — Jackson Street to 68"' Avenue
Madison Street — 67"' Avenue to Rice Creek Terrace
Madison Street — Rice Creek Terrace to 160' north
Oakley Street — 68�' Avenue to Rice Creek Terrace
Overton Drive — Kennaston Drive to 68"' Avenue
Overton Drive — Monroe Street to 68�' Avenue
Pandora Drive — Monroe Street to 68�' Avenue
Quincy Street — 67"' Avenue to 68"' Avenue
Rice Creek Blvd — 69�'' Avenue to University West Service Drive (including cul-de-sac)
University W Service Dr — Rice Creek blvd to 69"' Avenue
Washington Street — 500' north of 68"' St to Monroe Street
Resolution No. 2006 —
Page 2
3. That the work be incorporated in the 2006 street improvement project as ST. 2006 — 1.
4. That the work to be performed under this project may be performed under one or more contracts as may
be deemed advisable upon receipt of bids.
5. That the Director of Public Works, Jon H. Haukaas, is hereby designated as the engineer for this
improvement. He shall oversee the preparation of plans, specifications and estimates of costs thereof for
the making of such improvements.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9t" DAY OF
JANUARY 2006.
SCOTT J. LUND - MAYOR
ATTESTED:
DEBRA A. SKOGEN - CITY CLERK
�
�
CffY OF
FRIDLEY
T�:
I ��V
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
William W. Burns, City Manager
Jon Fi. Fiaukaas, Public Works Director
January 2, 2006
PW06-001
SUBJECT: Resolution and Traffic Control Signal Agreement for TFi 47 at Osborne Road
The attached resolution and agreement sets the scope of work and identifies the payment split
between MnDOT and the City of Fridley for the signal upgrade on TFi 47 at Osbome Road.
The project includes a new signal system, new Emergency Vehicle Pre-emption, signal
interconnect, and internally illuminated street name signs.
The City"s estimated share is �ll,232 to be paid from our MSAS account. This will not have
any affect on the money available for our local off-system street projects.
Recommend the City Council adopt the resolution to approve the Traffic Control Signal
Agreement I`io. 88580R between MnDOT and the City of Fridley for signal system upgrades at
TI1 47 and Osborne Road.
Jtiti:cz
Attachment
0
0
RESOLUTION N0. 2006 -
RESOLUTION AUTHORIZING AN AGREEMENT FOR THE REPLACEMENT OF THE TR.AFFIC
CONTROL SYSTEM ON UNIVERSITY AVENUE (TH 47) AND OSBORNE ROAD
BE IT RESOLVED that the City of Fridley enter into an agreement with the State of
Minnesota, Department of Transportation for the following purposes, to wit:
Remove the existing Traffic Control Signal and install a new Traffic
Control Signal with Street Lights, Emergency Vehicle Pre-emption,
Signing, and ;Internally Lit Signs on Trunk Highway No. 47 at CSAH
8/Osborne Road, in accordance with the terms and conditions set forth
and contained in Agreement No. 88580R, a copy of which was before the
Counc i l'.
BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to
execute such agreement and any amendments, and thereby assume for and on behalf of
the City all of the contractual obligations contained therein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF
JANUARY, 2006.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
CERTIFICATION
State of Minnesota
County of Anoka
City of Fridley
I hereby certify that the foregoing Resolution is a true and correct copy of the
resolution presented to and adopted by the Council of the City of Fridley at a duly
authorized meeting thereof held on the 9th day of January, 2006, as shown by the
minutes of the meeting in my possession.
Debra A. Skogen, City Clerk
( Signature )
(Type or print name)
49
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 8858OR
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE COUNTY OF ANOKA
AND
THE CITY OF FRIDLEY
TO
Remove the existing Traffic Control Signal and Install a new
Traffic Control Signal with Street Lights, Emergency Vehicle
Pre-emption, Signing, and Internally Lit Signs on Trunk Highway
No. 47 at CSAH 8/Osborne Road in Fridley, Anoka County,
Minnesota
S.P. 0205-81 _
S.A.P. 127-010-019 and 02-608-10
Federal Project HES 0206 (103)
Prepared by Metropolitan District Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED
County of Anoka $11,631.60
City of Fridley $11.232.00 None
Otherwise Covered
_ �O
0
�
Agreement No. 88580R
PARTIES
This Agreement is entered into by the State of Minnesota
acting through its Commissioner of Transportation, (State), and
the County of Anoka, (County), and the City of Fridley, (City).
RECITALS
Minnesota Statutes Section 161.20 authorizes the
Commissioner of Transportation to enter into agreements with any
governmental authority for the purposes of constructing,
maintaining and improving the Trunk Highway system.
The State has determined that there is justification and it
is in the public's best interest to remove the existing traffic
control signal and install a new traffic control signal
including street lights, and signing (Traffic Control Signal)
and install internally lit signs, (Internally Lit Signs), at the
location set out in this Agreement, in accordance with State
plans, specifications and special provisions designated as State
Project No. 0205-81, State Aid Project No.'s 127-010-019 and 02-
608-10, and in the records of the Federal Highway Administration
as Minnesota Project HES 0206 (103).
� The City requests and the State agrees to the installation
' of an Emergency Vehicle Pre-emption System (EVP System) as a
part of the new Traffic Control Signal installation.
It is considered in the public's best interest for the
State to provide a new signal service cabinet, traffic control
- 251
�
�
Agreement No. 88580R
signal cabinet, and control equipment (State-furnished
materials) to operate the new Traffic Control Signal.
It is anticipated that the Traffic Control Signal and EVP
System construction is eligible for 90 percent Federal-aid
Hazard Elimination Safety Funds, and if so, the County's and
City's respective Traffic Control Signal and EVP System Cost
share and the Traffic Control Signal and EVP System Construction
Engineering will be reduced by the amount of Federal funding
received.
The County, City and the State will participate in the
cost, maintenance and operation of the new Traffic Control
Signal, Internally Lit Signs, and EVP System.
CONTR.ACT
l. The State will prepare the necessary plan,
specifications and proposal (Preliminary Engineering).
2. The State, with its own resources or by contract, will
remove the existing traffic control signal and install a new
Traffic Control Signal, Internally Lit Signs, and EVP System on
_ Trunk Highway No. 47 at CSAH No. 8/Osborne Road pursuant to
State Project No. 0205-81, State Aid Project No.'s 127-0Z0-019
and 02-608-10, and Federal Project No. HES 0206 (103).
3. The State will perform all construction engineering
and inspection functions (Construction Engineering) in
- 352
Agreement No. 88580R
connection•with the contract construction and perform all other
acts and functions necessary to cause the construction contract
to be completed in a satisfactory manner. .
4. The cost of construction (Construction Cost) consists
of the contract cost of the work and State-furnished materials,
or, if the work is not contracted, the actual cost of all labor,
. materials, State-furnished materials and equipment rental
required to complete the work. Construction Cost does not-
include the cost of providing the power supply to the service
pole or pad. A Preliminary SCHEDULE "I" is attached and
incorporated into this Agreement. The Preliminary SCHEDULE "I° :
includes all County Traffic Control Signal Construction Costs
and City EVP System and Internally Lit Sign Costs, and is based
on engineer's estimated unit prices and State-furnished
materials lump sum amounts. The County and City will
�
participate in the following construction at the percentage
indicated:
a. Traffic Control Signal Construction and EVP System
Costs on T.H. 47 at CSAH 8/Osborne Road.
The County's Traffic Control Signal Construction Cost
share is 50 percent minus all anticipated Federal-aid
funding. State's share is 50 percent. �
- 453
�
Agreement No. 88580R
The City's EVP System share is 50 percent minus all
anticipated Federal-aid funding. State's Share is 50
percent. The City's Internally Lit Signs share is 100
percent.
b. The County will pay a Traffic Control Signal
Construction Engineering charge in an amount equal to
8 percent of the total County Traffic Control Signal
Construction Cost, minus all anticipated Federal-aid
funding, respectively, covered under this Agreement.
The City will pay an EVP System and Internally Lit
Sign Engineering charge in an amount equal to 8
percent of the total City EVP System and Internally
Lit Sign Cost, minus all anticipated Federal-aid
funding, respectively, covered under this Agreement.
5. It is anticipated that Federal funding will be applied
to the County's Traffic Control Signal Construction Cost share
and Construction Engineering, as indicated in Paragraph No. 4 of
this Agreement.
6. It is anticipated that Federal funding will be applied
to the City's EVP System Cost share and Construction
Engineering, as indicated in Paragraph No. 4 of this Agreement.
� City costs will include an amount equal to all anticipated
Federal funding not applied to the Internally Lit Sign
Construction Cost share.
- 55�
Agreement No. 88580R �
0
7. The County's and the City's estimated total
Construction Cost share and Construction Engineering costs are
$11,631.60 for the County and $11,232.00 for the City, as shown
in the attached Preliminary SCHEDULE "I.° The State will
prepare a Revised SCHEDULE "I" based on construction contract
unit prices, lump sum State-furnished materials cost and
anticipated Federal funding. Upon execution of this Agreement,
award of the Construction Contract and receipt of the State's
written request, the County and the City will advance to the
State their total estimated Construction Cost share, which does
not include the 8 percent Construction Engineering cost share,
as shown in the Revised SCHEDULE "I.°
8. Upon completion and acceptance of the contract
construction, computation of the final amount due the State's
contractor and determination by the Federal Highway
Administration of the amount of its reimbursement to the State,
the State will prepare a Fina1 SCHEDULE "I" and submit a copy to
the County and City. The Final SCHEDULE "I" will be based on
final quantities and include all County Traffic Control Signal
Construction Costs and City EVP System and Internall�r Lit Sign
Construction Costs and County and City Construction Engineering -
covered under this Agreement. The Final SCHEDULE "I° will also ,
include County and City costs in an amount equal to all Federal
funding not applied to the County Traffic Control Signal
- 653
.
_
�
Agreement No. 88580R
Construction Costs and City EVP System and Internally Lit Sign
Construction Costs and County and City Construction Engineering.
If the final cost of a party's participation covered under this
Agreement exceeds the amount of funds advanced by that party,
the party will, upon receipt of a request from the State,
promptly pay the difference to the State without interest. If
the final cost of a party's participation covered under this
Agreement is less than the amount of funds advanced by that
party, the State will promptly return the balance to the party
without interest. Pursuant to Minnesota Statutes Section
15.415, the State waives claim for any amounts less than $5.00
over the amount of the County and City funds previously advanced
to the State, and the County and City waive claim for the return
of any amounts less than $5.00 of those funds advanced by either
party..
l0. The City will be responsible for the cost and
application to secure an adequate power supply to the service
pad or pole. Upon completion of this project, the City will
thereafter pay all monthly electrical service expenses necessary
to operate the Traffic Control Signal, Internally Lit Signs, and
EVP System.
11. Upon completion of this project, the City will, at its
cost and expense: (1) maintain the luminaires and all its
I components, including replacement of the luminaire if necessary;
_ '5�
Agreement No. 88580R "
(2) relamp the new traffic control signal and street lights;
(3) clean and paint the new traffic control signal, .cabinet,
and luminaire mast arm extensions; and (4) relamp,"maintain and
operate the Internally Lit Signs. The State will, at its cost
and expense, maintain the interconnect and signing, and:perform
all other traffic control signal and street light maintenance.
12. The EVP System will be installed, operated,
maintained, or removed in accordance with the following
conditions and requirements:
a. Al1 maintenance of the EVP System must be done by
State forces.
b. Emitter units may be installed only on authorized
emergency vehicles, as defined in Minnesota Statutes
Section 169.01, Subdivision 5. Authorized emergency
vehicles may use emitter units only when responding to
an emergency. The City will provide the State's
Metropolitan District Engineer or his/her designated
representative a list of all vehicles with emitter
� units.
c. Malfunction of the EVP System must be reported to the
State immediately.
_ 857
0
0
Agreement No. 88580R
d. In the event the EVP System or its components are, in
the opinion of the State, being misused or the
conditions set forth in Paragraph b above are
violated, and such misuse or violation continues after
the City receives written notice from the State, the
State may remove the EVP System. Upon removal of the
EVP System pursuant to this Paragraph, all of its
parts and components become the property of the State.
e. Al1 timing of the EVP System will be determined by the
State.
13. Each party will be solely responsible for its own acts
I:
and omissions and the results thereof, to the extent authorized
by law. Minnesota Tort Claims Act, Minnesota Statutes
Section 3.736, governs the State's liability. Minnesota
Statutes Chapter 466 and other applicable law govern liability
of the County and the City. Each party will be solely
responsible for its own employees for any Workers' Compensation
claims.
_ 14. Al1 timing of the new Traffic Control Signal will be
determined by the State, and no changes may be made except with
. the approval of the State.
15. By signing this agreement, the County and City
authorize the State to enter upon the County and City public
. - 95$
Agreement No. 88580R '
right of way to install and maintain the new Traffic Control
Signal, Internally Lit Signs and EVP system.
16. Upon execution and approval by the County, the City
and the State and completion of the construction work provided
for herein, this agreement will supersede and terminate the EVP
operation and maintenance terms of Agreement No. 67929, dated
June 16, 1992, between the City and the State, for the
intersection of Trunk Highway No. 47 at CSAH 8/Osborne Road.
17. Upon execution and approval by the County, the City -
and the State and completion of the construction work provided
for herein, this agreement will supersede and terminate the
traffic control signal operation and maintenance terms of
Agreement No. 59091, dated July 6, 1978, between the County,
City, and the State, for the intersection of Trunk Highway
No. 47 at CSAH 8/Osborne Road.
18. Any amendment to this Agreement must be in writing and
will not be effective until it has been executed and approved by
the same parties who executed and approved the original
Agreement, or their successors in office.
19. If the State fails to enforce any provisions of this _
Agreement, that failure does not waive the provision or its
right to enforce it.
- ��g
�
0
Agreement No. 88580R
20. This Agreement contains all negotiations and
agreements between the parties. No other understanding
regarding this Agreement, whether written or oral, may be used
to bind either party.
21. Minnesota law governs this contract. Venue for all
legal proceedings arising out of this Agreement, or its breach,
must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
22. This Agreement is effective on the date the State
obtains all requ.ired signatures under Minnesota Statutes 16C.05,
Subdivision 2, and will remain in effect until terminated by
written agreement of the parties.
23. The State's obligation to perform any work, or to let
a Contract for the performance of the work, on the State Project
referenced above, is subject to the availability of funding from
the Minnesota Legislature or other funding source.
24. Authorized Agents
a. The State's Authorized Agent for the purpose of the
- administration of this Agreement is Al1an Espinoza,
Mn/DOT Metropolitan District Traffic Engineering, or
his successor. His current address and phone number are
1500 West County Road B2, Roseville, MN. 55113, (651)
634-2127.
- l�o
Agreement No. 88580R
b. The County's Authorized Agent for the purpose of.the
administration of this Agreement is Doug Fischer,
County Engineer, or his successor. His current address
and phone number are Anoka County Highway Department,
14440 Bunker Lake Blvd. NW, Andover, MN. 55304, (763)
862-4213.
c. The City's Authorized Agent for the purpose of the
II administration of this Agreement is John Haukaas;
Director of Public Works, or his successor. His current
address and phone number are Fridley City Hall, 6431
University Avenue NE, Fridley, NIlV. 55432-4383
(763) 572-355D.
�
1�1-
,
Agreement No. 88580R
COUNTY OF ANOKA
RECONIMENDED FOR APPROVAL:
County Highway Engineer
By:
Chairperson of the Board
Date:
- 1�2
By: _
Title
Date:
CITY OF FRIDLEY
By: BY=
Mayor
Title.
Date:
Date:
_ l��
Agreement No. 88580R �
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
Metropolitan District Engineer
COMMISSIONER OF ADMINISTRATION
By:
Date:
Agreement No. 88580R
DEPARTMENT OF TRANSPORTATION
By:
State Design Engineer
Date:
DEPARTMENT OF TR.ANSPORTATION
OFFICE OF CONTRACT MANAGEMENT
As to form and execution:
By Contracts Administrator
Date:
- 15�
�. z�
� � w
� o
ao
� � ~
U
�z�
� � �
0
� � Q
o�iD w
a ¢ o
� ro
�
0
0
N
r
O
�
�
�
C
�
.�
a
� o 0 0 0 0 0 0
� y o 0 0 0 0��
p O 0 O O O O�-+ �--�
V � ° � r o�o �
0 0 -.
.� r. �
ds v�
i-. i-.
�
� �
� �
e�3 Q o O O O O�.�
ai�00000vv
� � � � � r b
Q Fr� � °�' � O
sv �
p o 0 0 0 0 0
� o 0 0 0 0 0 0
. . . ,w? C � ; p O � O . Q �O �O
.. .� . p � pp' l � I � �O M
, � � �
� V � �.0. , �� ^'�
� . ' . O �. .-. . . � .-+ .-�
z `� �'
O ,
�.,
Q y � :
0
Ci � G°'p
� �
���o
a ; L ''^
a v a+ '
. . . . � � � y � . ' .
O � y .� o0
U � L � N
z 'W i�;
� : ,o '
� � � io
,., GTr oy o ; p
, ,i � � U ' N
� '�
� F ;� :
,�
°o �"
°° �
� �
� V
a� �
z � o
o �
� x � �
�
� � � �
� o v�i �a�i
'x � � �
o p � c
�e � w W
�
�n .. V . .. . . 'b 'C.�,,�7
O � � r. �
� �� �
o I � � c° �
.�
. U�� Q . w bp C
��z �'�+
� 3 �° '� � c
� ° � b 'ao �c
� a, � I x c�e W
r`�" ~O O � � p �,�, � � . � . �. �
E-� � '� z y ° ° �
..o� o.� � �, '���c
N O O y � F � `
p N N� v 0 O� �. . � . :
O 00 p p C
° a, o: e.: ;; � v, U U F
a Q Q � � �
v� v� v� F v� �
65
�
0 0 0 0 0 0 0 "
y y� o 0 0 0 0 0 -
0� O O O O N N
Ci U°� o °v� o`r'o N
0 0 �
r. .-�
� �
� ��' � �� � . .
.-+
� � �
� �
� Q o O O� O�O O . .. � . .
a aa o 0 0 0 00 00
. .� N C � . � N � oo . . . .. . . .
�i �I � � . GH . . b4 . . . . . . .
� p o 0 0 0 0 0
E-� o000000
� � � �,.' R O O � O N N . . � � . . . .
� p CD O . O . O �-'� ^' . . . �
H �U�.���..��,�~� . . . � ..� .
:Yi . . . O � .. . � � � � . � . .
a
v�i �, o
U ��
Vl � O
v� U °" ��° �o �
� o q
� � �a+.,.,° ' �
� �v`� � c�+ �
',.,C� . . . .� �� � Y� .
I�I ..,.'7'�. q ' ' O . . aN+ %�" . .
�l � , � y , oo � p
U ° � �
a � � ° o �
r. W 'b
...
� � � ��� � � y,��'' .
�' � '
�
E d �o: � W' �
� >' y ;°. � "
Zt � U o�o" a "q'
�
� W � . � �o °
0
�
� o �
z� �
� �,o�
�,
a �:b
W � ° �
� z F
�+ a ..� O
.Wa .� � �
� ^ ��
�
�, .� � � "'
�•
O .� .c � � ,
F � � � �
Y
V � . . � V .� �•� . . � .
o ,..\ c�i .�' � ;�
U o � �j
� °,,.,° c ^o ,��, � -
v] �0
U �, �, o°\o
... � + � �
� � .� .� v � a .
ao �y � c� � o
� � W � � > o
�,�, �', � � � .�.
a�i '-] �'�' ° o `,.., `,..,
�� ��� ��o
� � �
� � Y
E O O
W.ra' W U H Q� U
. . . � � � . .�-� N e�1 � .
��
�
�
CffY OF
FRIDLEY
T�:
I ��V
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
William W. Burns, City Manager
Jon Fi. Fiaukaas, Public Works Director
January 3, 2006
PW06-004
SUBJECT: Resolution Approving Anoka County State Aid Revision of Main Street
and 57r" Avenue
The Anoka County Board passed a resolution on I`iovember 22, 2005 which resulted in
changing the roadway classification of Main Street from 44r" Avenue to 57r" Avenue and 57rn
Avenue from Main Street to University Avenue to a County State Aid Fiighway instead of simply
a County Road.
The State Aid rules require the concurrence of the local municipality to make this official.
Recommend the City Council adopt the attached resolution approving Anoka County"s change
to their State Aid System.
Jtiti:cz
Attachment
RESOLUTION NO. 2006 -
RESOLUTION REVISING THE COUNTY STATE AID HIGHWAY
SYSTEM
Whereas, the County Board of the County of Anoka did adopt a
resolution on November 22, 2005, locating, establishing,
designating and numbering the County State Aid Highway system of
Anoka County to wit:
CR 102 (Main Street/57tn Avenue NE) from CSAH 2(44tn
Avenue NE) to TH 47 (University Avenue) within the
Cities of Columbia Heights and Fridley be designated as
CSAH 102. The length of this segment is 2.08 miles.
WHEREAS, said resolution locates and establishes certain County
State Aid Highways within the corporate limits of the City of
Fridley, Minnesota.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley that the resolution adopted by the County Board, a copy of
which is attached hereto and made a part thereof, locating or
establishing the County State Aid Highway system within the City
limits (and revoking certain portions of said system) is in all
things approved.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
9TH DAY OF JANUARY, 2006.
SCOTT J. LUND - MAYOR
ATTEST:
I hereby certify that the above is a true and correct copy of a
resolution duly passed, adopted and approved by the City Council
of said City on , 2006.
DEBRA A. SKOGEN - CITY CLERK
�
BOARD OF COUNTY COMMISSIONERS
Anoka County, Minnesota
II DATE: November 22, 2005 RESOLIJTION #2005-175
OFr'I;R�D I3Y COMMISSIONER: Lang
RGSOLUTION REVISiNG THE COUNTY STATE AID
HIGHWAY SYSTEM
WHEREAS, the Anoka County Board of Commissioners has requested revisions to its State Aid
system through the County State Aid Highway (CSAH) Screening Board under the proyisions of Minnesota
Law; and,
W HEREAS, the CSAH Screening Board has recommended revisions to the Anoka County State Aid
system and the addition of 22.13 miles of CSAH in the County of Anoka:
NOW, THEREFORE, BE IT RESOLVED by the Anoka County Board of Commissioners that the
following chunge to the Anoka County highway system be made:
1. That County Road 102 (Main Streed57'" Avenue NE) from CSAH 2(44`" Avenue NE) to Trunk
Highway 47 (University Avenue) within the cities of Columbia Heights and Fridley be designated as
CSAH IO2. The length of this segment is 2.08 miles.
NOW. THEREFORE, BE IT FURTHER RESOLVED that the above listed CSAH be established,
located, and designated as a CSAH of said Anoka County, subject to concurrence from the Cities of Columbia
Heights and Fridley and approval by the Commissioner of Transportation, State of Minnesota.
BE IT FINALLY RESOLVED that the county engineer is hereby authorized and directed to forward
one certified copy of this resolution to the Cities of Columbia Heights and Fridley for their consideration and
forward two certified copies of this resolution to the Minnesota Commissioner of Transportation for their
consideration, and that upon approvai of the designation of said routes or por[ions thereof, that the same be
constructed, improved, and maintained as CSAHs of the Counry of Anoka to be numbered as indicated above.
STATE OF MINNESOTA)
COUNTY OF ANOKA ) SS YES NO
I, John "Jay" McLindan, County
Administraror, Anoka County, Minnesota, hereby DISTRICT #I — BERG X
certify that I have compared the foregoing copy of
the resolution of the counry board of said county
with the original record thereof on file in the DISTRICT#2—LANG X
Administration Office, Anoka County, Minnesota,
' as stated in the minutes c�f the proccedings of saiJ j�ISTRICI' #3 — I.,ANGFELD X
hoard at a meeting duly helJ on November 22,
2005, and that the same is a true and correct copy
of saiJ original record and of the whole thereof, DISTRICT #4 — KORDIAK X
and that said resolution was duly passed by said
bcarJ a: said meeting.
Witnrss my hand and seal this 22nd day Dts'1'atCr #5 — LEDoux X
i of Novembcr 20U5
_ n / � � _ /�,� Dts�tcr#6—Srv.4x�ax X
��,..� �,'
JOHN "IAY" McLINDEN DISTRICT #7 — ERHART X
COUNTY ADMIIYISTRATOR
�
I AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 9, 2006
CffY OF
FRIDLEY
1� _
TO: William W. B rns, City Manager��� PW06 002
��
FROM: Jon li. tiaukaas, Public Works Director
DATE: January 3, 2006
SUBJECT: Load Limit Designation
Attached is a resolution establishing the spring load limits for the City streets.
Annually we receive Council's approval to publish the load limits. This allows us to place the
notice in the newspaper at an appropriate time based upon the spring thaw. Load limits stay
in effect until the Anoka County liighway Department informs us of them raising the limits on
the County roads.
To facilitate the notification process, recommend the City Council adopt the attached load limit
resolution for 2006.
Jfitl:cz
Attachment
II
69
RESOLUTION NO. 2006 —
RESOLUTION IMPOSING LOAD LIMITS ON PUBLIC STREETS
IN THE CITY OF FRIDLEY, MINNESOTA
BE IT RESOLVED by the City Council ofthe City of Fridley as follows:
A. That pursuant to Chapter 503, City Code of Fridley, Minnesota, 1978 that commencing on the date
ordered by the State of Minnesota Commissioner of Transportation, and continuing until the 15th day of
May, 2006, unless sooner terminated or thereafter continued, no vehicle shall be driven or operated upon
any street or in the City under jurisdiction of the City where the weight of such vehicle exceeds:
4 TON PER AXLE
B. The above restriction shall not apply, but shall instead be limited to
9 TON PER AXLE
with respect to the following named streets, to-wit:
STREET
3rd Street
3rd Street
4th Street
5th Street
6th Street
7th Street
45th Avenue
51st Way
52nd Avenue
52nd Way
53rd Avenue
53rd Avenue
53rd Way
57th Avenue
57-1/2 Avenue
58th Avenue
61st Avenue
63rd Avenue
64th Avenue
65-1/2 Way
66th Avenue
66th Way
66-1/2 Way
67th Avenue
67th Avenue
67th Way
68th Avenue
69th Avenue
71-1/2 Way
FROM
49th Avenue
Mississippi Street
57th Avenue
61st Avenue
67th Avenue
53rd Avenue
Main Street
East River Road
Taylor Street
Ashton Avenue
Main Street
Matterhorn Drive
E. River Road Service Dr
TH 47
University E. Service
Road
Jackson Street
Starlite Boulevard
TH 47 E Service Dr
Arthur Street
Hickory Street
Arthur Street
Hickory Street
Rice Creek Way
Brookview Drive
Monroe Street
Rice Creek Way
Brookview Drive
Central Avenue
200 Ft West of Alden
Circle
1
TO
53rd Avenue
Starlite Lane
57-1/2 Avenue
Mississippi Street
Rice Creek Terrace
67th Avenue
University Avenue
Industrial
Boulevard
Buchanan Street
Industrial
Boulevard
Cheri Lane
Fillmore Street
Industrial
Boulevard
Quincy Street
4th Street
W Moore Lake Drive
W Moore Lake Drive
Monroe Street
Central Avenue
Ashton Avenue
609 Feet West
Ashton Avenue
Ashton Avenue
West end Cul-de-sac
6th Street
Ashton Avenue
Monroe Street
East City Limits
To Cul-de-sac
STREET
71st Avenue
72nd Avenue
73rd Avenue
73rd N Service Drive
74th Avenue
75th Avenue
75th Way
76th Way
77th Avenue
78th Avenue
79th Avenue
79th Way
81st Avenue
83rd Avenue
Able Street
Alden Way
Alley E of Beech
Street
Arthur Street
Arthur Street
Ashton Avenue
Ashton Avenue
Ashton Avenue
Baker Street
Beech Street
Bellaire Way
Bellaire Way
Benjamin Street
Berne Road
Broad Avenue
Brookview Drive
Buchanan Street
Buffalo Street
Camelot Lane
Carrie Lane
Cheri Lane
Cheryl Street
Chesney Way
Commerce Circle East
Commerce Circle
South
Commerce Circle West
Commerce Lane
Craig Way
Craigbrook Way
FROM
TH 47 E Service Dr
TH 65
Commerce Circle West
University Ave E Service
Dr
University Ave E Service
Dr
Central Avenue
Osborne Way
Alden Way
East River Road
E Burlington No. R/W
E Burlington No. R/W
W Burlington No. R/W
Hickory Street
Main Street
W Moore Lake Drive
79th Avenue
78th Avenue
Camelot Lane
North Danube Road
52nd Way
65-1/2 Way
79th Avenue
73rd Avenue
77th Avenue
Alden Way
Alden Way
Gardena Avenue
Windemere Drive
Buffalo Street
Mississippi Street
73rd Avenue
Riverview Terrace
Squire Drive
Quincy Street
53rd Avenue
Riverview Terrace
East River Road
73rd Avenue
Commerce Circle East
Commerce Circle South
73rd Avenue
East River Road
Alden Way
2
TO
Park Entrance
Central Avenue
Central Avenue
Able Street
Lyric Lane
Stinson Boulevard
Alden Way
East to Cul-de-sac
Ranchers Road
Main Street
TH 47
Riverview Terrace
TH 47
TH 47
Mississippi Street
75th Way
79th Avenue
Mississippi Street
400 Feet North
Industrial
Boulevard
Rice Creek Way
Ironton Street
Osborne Road
81st Avenue
Park Property
Pearson Way
Rice Creek Road
Berne Cir E Cul-de-
sac
Lafayette Street
Rice Creek Terrace
to Columbia Hgts
Border
Broad Avenue
Arthur Street
Jackson Street
Fillmore Street
Broad Avenue
355 feet West
Commerce Circle
South
Commerce Circle
West
73rd Avenue
Osborne Road
Cul-de-sac
East River Road
STREET
71st Avenue
Creek Park Lane
Dover Street
Dover Street
East Danube Road
E Moore Lake Drive
East River Road
Service Dr
East River Road
Service Dr
Elm Street
Ely Street
Ely Street
Fairmont Circle
Fairmont Street
Fillmore Street
Fillmore Street
Fireside Drive
Firwood Way
Gardena Avenue
Gardena Circle
Gardena Lane
Glacier Lane
Glen Creek Road
Glencoe Street
Hackmann Avenue
Hackmann Circle
Hartman Circle
Hathaway Lane
Heather Circle
Heather Place
Hickory Street
Hickory Street
Hickory Street
Hillcrest Lane
Hillwind Road
Hugo Street
Industrial Boulevard
Ironton Street
Ironton Street
Jackson Street
Janesville Street
Kerry Lane
Kimball Street
FROM
TH 47 E Service Dr
Central Avenue
Ely Street
Riverview Terrace
Matterhorn Drive
TH 65
51st Way
57th Way
77th Avenue
East River Road
Riverview Terrace
East River Road
Riverview Terrace
53rd Avenue
53rd Avenue
TH 65
Pearson Way
Central Avenue
Gardena Lane
Gardena Avenue
Matterhorn Drive
Logan Parkway
Riverview Terrace
Tennison Drive
Hackmann Avenue
East River Road
Hackmann Avenue
Heather Place
Central Avenue
78th Avenue
81st Avenue
Mississippi Street
Woody Lane
Matterhorn Drive
Riverview Terrace
51st Way
Hugo Street
Riverview Terrace
Carrie Lane
Riverview Terrace
Ben More Drive
Riverview Terrace
3
TO
Park Entrance
Arthur Street
West end of Cul-de-
sac
Broad Avenue
North Innsbruck
Drive
Central Avenue
North to Cul-de-sac
North of 57th Way
79th Avenue
West end of Cul-de-
sac
Broad Avenue
East River Road
East River Road
Cheri Lane
Through Cul-de-sac
Central Avenue
79th Way
East City Limits
Through Cul-de-sac
Woody Lane
St. Moritz Drive
East River Road
East River Road
Central Avenue
Hackmann Avenue
West 400 Lineal
Feet
East end of Cul-de-
sac
Through Cul-de-sac
Through Cul-de-sac
79th Avenue
600 Feet North
Rice Creek Way
Central Avenue
Hackmann Avenue
East River Road
Ashton Avenue
Ashton Avenue
East River Road
58th Avenue
East River Road
Rice Creek Road
East River Road
STREET
71st Avenue
Kristin Court
Lafayette Street
Liberty Street
Lincoln Street
Logan Parkway
Logan Parkway
Logan Parkway
Longfellow Street
Lynde Drive
Main Street
Main Street
Matterhorn Drive
Medtronic Parkway
Mississippi Street
Monroe Street
North Danube Road
North Innsbruck
Drive
Osborne Way
Pearson Way
Pierce Street
Polk Street
Quincy Street
Rainier Pass
Ranchers Road
Regis Drive
Regis Lane
Regis Terrace
Regis Trail
Rice Creek Terrace
Rice Creek Way
Rickard Road
Riverview Terrace
Riverview Terrace
Riverwood Drive
Royal Oak Court
Ruth Circle
Ruth Street
Service Road -
Railroad
Shamrock Lane
Skywood Court
Skywood Lane
FROM
TH 47 E Service Dr
Stinson Boulevard
Broad Avenue
East River Road
Buchanan Street
Riverview Terrace
Riverview Terrace
Logan Parkway
East River Road
Hillwind Road
Osborne Road
57th Avenue
South City Limits
7th Street
Central Avenue
63rd Avenue
West Danube Road
Matterhorn Drive
East River Road
East River Road
53rd Avenue
Hackmann Avenue
57th Avenue
Glacier Lane
77th Avenue
Hathaway Lane
Regis Drive
Regis Drive
Regis Lane
6th Street
East River Road
East River Road
71-1/2 Way
79th Way
71st Way
Arthur Street
Ruth Street
Ruth Circle
Liberty Street
69th Avenue
Skywood Lane
Fillmore Street
4
TO
Park Entrance
End of Cul-de-sac
East River Road
West end of Cul-de-
sac
53rd Avenue
East River Road
Glen Creek Road
Glen Creek Road
West end of Cul-de-
sac
Regis Drive
83rd Avenue
61st Avenue
Gardena Avenue
TH 65
Stinson Boulevard
Rice Creek Terrace
North Innsbruck
Drive
East City Limits
75th Way
Firwood Way
Through Cul-de-sac
Lynde Drive
Carrie Lane
South City Limits
81st Avenue
Regis Lane
Matterhorn Drive
Regis Trail
Through Cul-de-sac
Brookview Drive
Ashton Avenue
Alden Way
Logan Parkway
200 ft N of Kimball
Street
71-1/2 Way
West to Cul-de-sac
Ruth Street
Hugo Street
Ely Street
North to Cul-de-sac
Through Cul-de-sac
West through Cul-
de-sac
STREET
71st Avenue
Skywood Lane
Spring Brook Place
Squire Drive
St. Imier Drive
St. Moritz Drive
Stinson Boulevard
Stinson Boulevard
Stinson Boulevard
Stinson Boulevard
Stonybrook Way
Symphony Street
Talmadge Way
Taylor Street
Tennison Drive
TH 47 E Service
Drive
TH 47 E Service
Drive
TH 47 E Service
Drive
TH 47 W Service
Drive
TH 47 E Service
Drive
TH 65 E Service
Drive
TH 65 E Service
Drive
TH 65 E Service
Drive
TH 65 W Service
Drive
TH 65 W Service
Drive
Trollhagen Drive
West Danube Road
West Moore Lake
Drive
Windemere Drive
FROM
TH 47 E Service Dr
Fillmore Street
79th Way
Rice Creek Road
Berne Road
Trollhagen Drive
69th Avenue
Osborne Road
Mississippi Street
Rice Creek Road
Alden Way
73rd Avenue N Service
Drive
West Cul-de-sac
52nd Avenue
Gardena Avenue
53rd Avenue
57-1/2 Avenue
69th Avenue
73rd Avenue
Osborne Road
73rd Avenue
Osborne Road
63rd Avenue
Osborne Road
73rd Avenue
Matterhorn Drive
North Danube Road
TH 65 (North Moore Lake)
Trollhagen Drive
TO
Park Entrance
Matterhorn Drive
Longfellow Street
Camelot Lane
South City Limits
South City Limits
68th Avenue
73rd Avenue
66-1/2 Avenue
800 ft S of Gardena
Avenue
East River Road
74th Avenue North
East Cul-de-sac
Through Cul-de-sac
Through Cul-de-sac
North Approx 500
feet
Mississippi Street
73rd Avenue
85 Avenue
73rd Ave N Service
Drive
72nd Avenue
Fireside Drive
South 350 feet
South 800 feet
MCRR Tracks
St. Imier Drive
South Cul-de-sac
Medtronic Parkway
Trollhagen Drive
C. Notice of these restrictions shall be published with respect to each of such streets and when so published,
the restrictions shall be in full force and effect; all as provided thereof, under Chapter 503, City Code of
Fridley, Minnesota, 1978.
D. A vehicle in excess of such limits may be operated or driven upon a street in the City without violation of
law when the same is done under Special Permit thereof issued in accordance with the provisions of
Minnesota Statutes Sec. 169.87 which are adopted and made a part hereof by reference the same as if
fully incorporated herein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9th DAY OF
JANUARY, 2006.
5
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
�
�
CffY OF
FRIDLEY
T0:
FROM:
SUBJECT:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES
January 4, 2006
Attached is a resolution that will appoint Wells Fargo Bank Minnesota N.A. as the City's official
depository for 2006
We are incurring little cost for the service we are provided by Wells Fargo Bank Minnesota N.A.
At this time, it does not seem to be beneficial to solicit for banking services since our options are
limited within the City The service we receive is very good; Wells Fargo Bank Minnesota N.A.
has been responsive to our requests for information.
In using Wells Fargo Bank Minnesota N.A. we are able to invest idle cash on a daily basis with
minimum cost to the City. We are able to determine daily needs and invest the balance in a money
market account with Wells Fargo and First Trust. If we were to change the provider for the
banking services we would need to change the method in which we invest idle funds and the ease in
which we make deposits.
RDP/me
Attachment
RESOLUTION NO. - 2006
RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES
FOR THE CITY OF FRIDLEY
I, Richard D. Pribyl, do hereby certify that I am Finance Director-Treasurer of the City of Fridley, a corporation
organized under the laws of the State of Minnesota. I further certify that at a meeting of said corporation duly and
properly called and held on the 9"' day of January, 2006, the following resolution was passed; that a quorum was
present at said meeting; and that said resolution is set forth in the minutes of ineeting and has not been rescinded or
modified.
IT IS HEREBY RESOLVED, that Wells Fargo Banks is hereby designated as a depository for the funds of this
corporation.
IT IS FURTHER RESOLVED, that checks, drafts or other withdrawal orders issued against the funds of this
corporation on deposit with said bank shall be signed by two of the following:
Richard D. Pribyl, Finance Director-Treasurer
Alan D. Folie, Assistant Finance Director
William W. Bums, City Manager
and that said bank is hereby fully authorized to pay and charge to the account of this corporation any checks,
drafts, or other withdrawal orders.
BE IT FURTI�R RESOLVED, that Wells Fargo Banks as a designated depository of the corporation is hereby
requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this
corporation's name, including those drawn to the individual order of any person or persons whose name or names
appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of two of
the following:
Richard D. Pribyl, Finance Director-Treasurer
Alan D. Folie, Assistant Finance Director
William W. Bums, City Manager
and Wells Fargo Banks sha11 be entitled to honor and to charge this corporation for a11 such checks, drafts or other
orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been
affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed
with Wells Fargo Banks by the City Clerk or other officer of his corporation.
BE IT FURTI�R RESOLVED, that any and all resolutions heretofore adopted by the City Council of the
corporation and certified to as goveming the operation of this corporation's account(s) with it, be and are hereby
continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of
this resolution.
Page 2- Resolution No. - 2006
BE IT FURTI�R RESOLVED, that a11 transactions, if any relating to deposits, withdrawals, re-discounts and
borrowings by or on behalf of this corporation with said bank prior to the adoption of this resolution be, and the
same hereby are, in a11 things ratified, approved and confirmed.
BE IT FURTI�R RESOLVED, that any bank or savings and loan may be used as depositories for investment
purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes.
BE IT FURTI�R RESOLVED, that the signatures of two of the following named City employees are required for
withdrawal of City investment funds from sauings and loan associations:
Richard D. Pribyl, Finance Director-Treasurer
Alan D. Folie, Assistant Finance Director
William W. Bums, City Manager
BE IT FURTHER RESOLVED, that any brokerage firm may be used as a vendor for investment purposes so long
as the investments comply with the authorized investments as set forth in Minnesota Statutes.
I further certify that the Council of this corporation has, and at the time of adoption of said resolution had, full
power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the
persons named who have full power and lawful authority to exercise the same.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
JANUARY, 2006.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
CffY OF
FRIDLEY
T0:
FROM:
SUBJECT:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
DESIGNATING AN OFFICIAL NEWSPAPER
FOR THE YEAR 2006
January 4, 2006
Attached is a resolution designating the Focus News as the official legal newspaper for the City of
Fridley for the year 2006. The Minneapolis Star Tribune is designated as the City of Fridley's second
official newspaper for the year 2006.
RDP/me
Attachment
RESOLUTION NO. - 2006
RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER
FOR THE YEAR 2006
WHEREAS, the Charter of the City of Fridley requires in Section 12.01 thereof that the City Council
annually designate an official newspaper for the City.
NOW, THEREFORE, BE IT RESOLVED that the Focus News is designated the official legal
newspaper for the City of Fridley for the year 2006 for all publications required to be published
therein.
BE IT FURTHER RESOLVED that the Minneapolis Star and Tribune be designated as the City of
Fridley's second official newspaper for the year 2006.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF JANUARY, 2006.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
CffY OF
FRIDLEY
T�:
FROM:
SUBJECT:
AGENDA ITEM
COUNCIL MEETING OF JANUARY 9, 2006
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
MILEAGE RATE CHANGE - 2006
DATE: January 4, 2006
The Internal Revenue Service has made the decision to decrease the mileage rate from $0.485
per mile to $0.445 for 2006.
The attached resolution changes the City of Fridley's mileage rate to that of the current IRS
rate.
Based on past practice, it is my recommendation that we make this adjustment and present
this resolution to City Council for approval at the January 9, 2006 meeting.
RDP/me
Attachment
RESOLUTION NO. - 2006
A RESOLUTION AUTHORIZING A CHANGE IN MILEAGE
REIMBURSEMENT RATES FOR THE 2006 CALENDAR YEAR
WHEREAS, there has been a mileage rate change in the Internal Revenue Service guidelines;
WHEREAS, the Internal Revenue Service has decreased the standard mileage rate to $0.445 cents
per mile for 2006; and
WHEREAS, an adjustment of the standard mileage rate for the City of Fridley is warranted;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the
following change be authorized for employees of the City of Fridley, effective January 9, 2006.
1. Standard Mileage Rate decreased to $0.445 per mile.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF JANUARY, 2006.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
CffY OF
FRIDLEI'
To:
From:
Date:
AGENDA ITEM
CITY COUNCIL MEETING OF
January 9, 2006
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Deb Skogen, City Clerk
January 5, 2006
Re: RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA
LAWFUL GAMBLING PREMISE PERMIT RENEWAL APPLICATION
FOR DELASALLE HIGH SCHOOL BROADWAY BAR & PIZZA, 8298
UNIVERSITY AVENUE NE
Section 30 of the Fridley City Code allows lawful gambling by a licensed organization.
DeLaSalle High School has been conducting lawful gambling at Broadway Pizza located at 8298
University Avenue NE since February of 2004. They are now applying for a premise permit
renewal at Broadway Bar & Pizza. The City of Fridley has found no reason to restrict the location
or the organization for the lawful gambling operation.
The premise permit application requires a resolution from the City Council approving the permit
renewal. If approved, the premise permit would become effective February 1, 2006, and expire
January 31, 2008. Please find a resolution for the premise permit application attached. Staff
recommends approval of the premise permit application by adoption of the attached resolution.
RESOLUTION NO. 2006 -
RESOLUTION IN SUPPORT OF AN APPLICATION FOR
A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATION FOR
DELASALLE HIGH SCHOOL
BROADWAY BAR & PIZZA, 8298 UNIVERSITY AVENUE NE
WHEREAS, the City of Fridley has received a copy of an Application for a Minnesota Lawful
Gambling Premise Permit Renewal for DeLaSalle High School; and
WHEREAS, the location of the Premise Permit is for Broadway Bar &Pizza, 8298 University
Avenue NE, and
WHEREAS, their current lawful gambling license is scheduled to expire on January 31, 2006; and
WHEREAS, the City of Fridley has found no reason to restrict the location or the organization for
the lawful gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the
Minnesota Lawful Gambling Premise Permit Renewal Application for DeLaSalle High School
located at Broadway Bar & Pizza, 8298 University Avenue NE for a period to commence February
1, 2006 and expire January 31, 2008.
PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS
DAY OF , 2006.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
CffY OF
FRIDLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
To: William W. Burns, City Manager
From: Deborah Dahl, Human Resources Director
Date
Re:
January 6, 2006
2006-2007 Police Sergeants Contract (L.E.L.S.)
Attached is the labor agreement and the accompanying resolution setting forth terms and
conditions of employment for the police sergeants for 2006 and 2007. Apart from changes in
dates and correction of grammar and typographical errors, the following is a summary of the
changes for the 2006 and 2007 contract:
1
2
3
Article 16 - Insurance
The City of Fridley has agreed to contribute up to the maximum amount provided per
month to non-union employees toward health, dental, life and long-term disability
insurance, in accordance with the employer's fle�ble benefit plan for the calendar
year 2006 and 2007.
Article 20 - Workin� Out of Class PaX
This article was added to mirror language in the patrol contract. It states that
employees assigned by the employer to assume the full-time responsibilities and
authority of a higher j ob classification shall receive the salary schedule of the higher
classification for the duration of the assignment.
Article 21 - Wa�e Rates
The City agreed to a 3% cost of living adjustment for 2006 and a 3% cost of living
adjustment plus a$50 per month market adjustment for 2007. The following hourly
wage rates will apply for 2006 through 2007:
January 1, 2006: $35.01 per hour
January 1, 2007: $36.35 per hour
2006-2007 Police Sergeants Contract (L.E.L.S.)
January 5, 2006
Page 2
4. Article 26 - Holidavs
If an additional holiday is awarded to other non-union employees, it would be
provided to the Union as well.
5. Article 33 — Duration
This Agreement shall be effective as of first day of January, 2006, and shall remain in
full force and effect through the thirty-first day of December, 2007.
Action Needed
I am recommending that this contract be presented to the City Council for approval at the
January 9, 2006, City Council meeting.
cc: Donovan W. Abbott, Public Safety Director
Terry Herberg, LELS Business Agent
Mike Morrissey, LELS Steward
Frederic W. Knaak, City Attorney
RESOLUTION NO. - 2006
A RESOLUTION APPROVING AND AUTHORIZING SIGNING AN
AGREEMENT FOR POLICE SERGEANTS OF THE CITY OF
FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2006 AND 2007
WHEREAS, on October 15, 2003, the City of Fridley Police Sergeants organized and became
certified by the State of Minnesota Bureau of Mediation Services as the Law Enforcement Labor
Services, Inc. (LELS) bargaining unit Local No. 310; and
WHEREAS, as bargaining representative of the Police Sergeants of the City of Fridley, has
presented to the City of Fridley various requests relating to the wages and working conditions of
Police Sergeants of the Police Department of the City of Fridley; and
WHEREAS, the City of Fridley has presented various requests to the Union and to the
Employees relating to wages and working conditions of Police Sergeants of the Police
Department of the City of Fridley; and
WHEREAS, representatives of the Union and the City have met and negotiated regarding the
requests of the Union and the City; and
WHEREAS, a final settlement was reached on the proposed contract between the City and the
Union;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said
Agreement and that the Mayor and the City Manager are hereby authorized to execute the
attached Agreement (Exhibit "A") relating to wages and working conditions of Police Sergeants
of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
9TH DAY OF JANUARY, 2006.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA SKOGEN - CITY CLERK
EXHIBIT "A"
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
��1�
LAW ENFORCEMENT LABOR SERVICES, INC.
LO CAL NO. 310
2006 & 2007
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
2006 & 2007
TABLE OF CONTENTS
TI
1. Purpose of Agreement
2. Recognition
3. Definitions
4. Employer Security
5. Employer Authority
6. Union Security
7. Employee Rights - Grievance Procedure
8. Savings Clause
9. Seniority
10. Discipline
11. Constitutional Protection
12. Work Schedules
13. Overtime
ii
PAGE
1
1
2
3
3
4
4
7
7
8
9
9
9
14. Court Time
15. Call Back Time
16. Insurance
17. Standby Pay
18. Uniforms
19. P.O.S.T. Training
20. Working Out of Class Pay
21. Wage Rates
22. Separation and Benefit Plan
23. Legal Defense
24. Probationary Periods
25. Annual Leave
26. Holidays
27. Short-term Disability
28. Bereavement Leave Pay
29. Jury Pay
30. Compensatory Time
31. Employee Education Program
32. Waiver
33. Duration
iii
10
10
11
11
12
12
12
12
12
13
13
13
15
16
17
17
17
17
18
19
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
2006 & 2007
Article 1. Purpose of Agreement
This Agreement is entered into between the City of Fridley, hereinafter called the
Employer, and
Law Enforcement Labor Services, Inc., hereinafter called the Union.
It is the intent and purpose of this Agreement to:
1.1 Establish procedures for the resolution of disputes concerning this
Agreement's interpretation and/or application; and
1.2 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
Article 2. Recognition
2.1 The Employer recognizes the UNION as the exclusive representative for all
employees, under Minnesota Statutes, Section 179A.03, subdivision 8, for all
employees in a unit certified by the State of Minnesota Bureau of Mediation
Services.
1. Sergeant
2.2 In the event the Employer and the Union are unable to agree as to the
inclusion or exclusion of a new or moclified job class, the issue shall be
submitted to the Bureau of Mediation Services for determination.
1
Article 3. Definitions
3.1 Union
Law Enforcement Labor Services. Inc.
3.2 Union Member
A member of the Law Enforcement Labor Services, Inc.
3.3 Emplo�
A member of the exclusively recognized bargaining unit.
3.4 Department
The Fridley Police Department.
3.5 Emplo ��er
The City of Fridley.
3.6 Chief
The Public Safety Director of the Fridley Police Department.
3.7 Union Officer
Officer elected or appointed by the Law Enforcement Labor Services, Inc.
3.8 Investi�ator/Detective
An Employee specifically assigned or classified by the Employer to the job
classification and/or job position of Investigator/Detective.
3.9 Overtime
Work performed at the express authorization of the Employer in excess of the
Employee's scheduled shift.
3.10 Scheduled Shift
A consecutive work period, including rest breaks and a lunch break.
2
3.11 Rest Breaks
Periods during the scheduled shift, in which the Employee remains on
continual duty and is responsible for all assigned duties.
3.12 Lunch Break
A period during the scheduled shift, in which the Employee remains on
continual duty and is responsible for assigned duties.
3.13 Strike
Concerted action in failing to report for duty, the willful absence from one's
position, the stoppage of work, slow-down, or abstinence in whole or in part
from the full, faithful, and proper performance of the duties of employment
for the purposes of inducing, influencing or coercing a change in the
conditions or compensation or the rights, privileges or obligations of
employment.
3.14 Job Classification Senioritv
Length of continuous service within any job classification covered by this
AGREEMENT.
3.15 Employer Seniority
Length of continuous service with the EMPLOYER.
Article 4. Employer Security
4.1 The Union agrees that during the life of this Agreement the Union will not
cause, encourage, participate in or support any strike, slow-down or other
interruption of or interference with the normal functions of the Employer.
Article 5. Employer Authority
5.1 The Employer retains the full and unrestricted right to operate and manage
all personnel, facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of technology; to
establish and moclify the organizational structure; to select, direct, and
determine the number of personnel; to establish work schedules, and to
perform any inherent managerial function not specifically limited by this
Agreement.
5.2 Any term and condition of employment not specifically established or
modified by this Agreement shall remain solely within the discretion of the
Employer to modify, establish, or eliminate.
Article 6. Union Security
6.1 The Employer shall deduct from the wages of Employees who authorize such
a deduction in writing an amount necessary to cover monthly Union dues.
Such monies shall be remitted as directed by the Union.
6.2 The Union may designate Employees from the bargaining unit to act as
steward(s) and alternate(s) and shall inform the Employer in writing of such
choices and changes in the position(s) of steward and/or alternate.
6.3 The Employer shall make space available on the Employee bulletin board for
posting Union notice(s) and announcement(s).
6.4 The Union agrees to indemnify and hold the Employer harmless against any
and all claims, suits, orders, or judgments brought or issued against the
Employer as a result of any action taken or not taken by the Employer under
the provisions of this Article.
Article 7. Employee Rights - Grievance Procedure
7.1 Definition of a Grievance
A grievance is defined as a dispute or disagreement as to the interpretation
or application of the specific terms and conditions of this Agreement.
7.2 Union Representatives
The Employer will recognize Representatives designated by the Union as the
grievance representatives of the bargaining unit having the duties and
responsibilities established by this Article. The Union shall notify the
Employer in writing of the names of such Union Representatives and of their
successors when so designated as provided by Section 6.2 of this Agreement.
7.3 Processin� of Grievance
It is recognized and accepted by the Union and the Employer that the
processing of grievances as hereinafter provided is limited by the job duties
and responsibilities of the Employees and shall therefore be accomplished
during normal working hours only when consistent with such Employee
duties and responsibilities. The aggrieved Employee and a Union
�
Representative shall be allowed a reasonable amount of time without loss in
pay when a grievance is investigated and presented to the Employer during
normal working hours provided that the Employee and the Union
Representative have notified and received the approval of the designated
supervisor who has determined that such absence is reasonable and would
not be detrimental to the work programs of the Employer.
7.4 Procedure
Grievances, as defined by Section 7.1, shall be resolved in conformance with
the following procedure:
Step 1
An Employee claiming a violation concerning the interpretation or
application of this Agreement shall, within twenty-one (21) calendar days
after such alleged violation has occurred, present such grievance to the
Employee's supervisor as designated by the Employer. The Employer-
designated representative will discuss and give an answer to such Step 1
grievance within ten (10) calendar days after receipt. A grievance not
resolved in Step 1 and appealed to Step 2 shall be placed in writing setting
forth the nature of the grievance; the facts on which it is based; the provision
or provisions of the Agreement allegedly violated; the remedy requested; and
shall be appealed to Step 2 within ten (10) calendar days after the Employer-
designated representatives final answer to Step 1. Any grievance not
appealed in writing to Step 2 by the Union within ten (10) calendar days
shall be considered waived.
Step 2
If appealed, the written grievance shall be presented by the Union and
discussed with the Employer-designated Step 2 representative. The
Employer-designated representative shall give the Union the Employer's
answer in writing within ten (10) calendar days after receipt of such Step 2
grievance. A grievance not resolved in Step 2 may be appealed to Step 3
within ten (10) calendar days following the Employer-designated
representative's final answer in Step 2. Any grievance not appealed in
writing to Step 3 by the Union within ten (10) calendar days shall be
considered waived.
Step 2a
If the grievance is not resolved at Step 2 of the grievance procedure, the
parties, by mutual agreement, may submit the matter to mediation with the
Bureau of Mediation Services. Submitting the grievance to mediation
preserves timeliness for Step 3 of the grievance procedure. Any grievance not
appealed in writing to Step 3 by the Union within ten (10) calendar days of
mediation shall be considered waived.
Step 3
A grievance unresolved in Step 2 or Step 2a and appealed to Step 3 by the
Union shall be submitted to arbitration subject to the provisions of the Public
Employment Labor Relations Act of 1971, as amended. The selection of an
arbitrator shall be made in accordance with the "Rules Governing the
Arbitration of Grievances" as established by the Bureau of Mediation
Services.
7.5 Arbitrator's Authoritv
a. The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the terms and conditions of this Agreement.
The arbitrator shall consider and decide only the specific issue(s)
submitted in writing by the Employer and the Union, and shall have
no authority to make a decision on any other issue not so submitted.
b. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or moclifying or varying in any way to application of
laws, rules, or regulations having the force and effect of law. The
arbitrators decision shall be submitted in writing within thirty (30)
days following close of the hearing or the submission of briefs by the
parties, whichever be later, unless the parties agree to an extension.
The decision shall be binding on both the Employer and the Union and
shall be based solely on the arbitrator's interpretation or application of
the express terms of this Agreement and to the facts of the grievance
presented.
The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the Employer and the Union provided that
each party shall be responsible for compensating its own
representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire a verbatim
record of the proceedings the cost shall be shared equally.
7.6 Waiver
If a grievance is not presented within the time limits set forth above, it shall
6
be considered "waived." If a grievance is not appealed to the next step within
the specified time limit or any agreed extension thereof, it shall be considered
settled on the basis of the Employer's last answer. If the Employer does not
answer a grievance or an appeal thereof within the specified time limits the
Union may elect to treat the grievance as denied at that step and
immediately appeal the grievance to the next step. The time limit in each
step may be extended by mutual written agreement of the Employer and the
Union in each step.
Article 8. Savings Clause
8.1 This Agreement is subject to the laws of the United States, the State of
Minnesota and the City of Fridley. In the event any provision of this
Agreement shall be held to be contrary to law by a court of competent
jurisdiction from whose final judgment or decree no appeal has been taken
within the time provided such provisions shall be voided. All other provisions
of this Agreement shall continue in full force and effect. The voided provision
may be renegotiated at the written request of either party.
Article 9. Seniority
9.1 Seniority shall be determined by Job Classification Seniority and posted in an
appropriate location. Seniority rosters may be maintained by the Director of
Public Safety on the basis of both Job Classification Seniority and Employer
Seniority.
9.2 During the probationary period a newly hired or rehired Employee may be
discharged at the sole discretion of the Employer. During the probationary
period a promoted or reassigned Employee may be replaced in his/her
previous position at the sole discretion of the Employer.
9.3 A reduction of work force will be accomplished on the basis of Employer
Seniority. Employees shall be recalled from layoff on the basis of Employer
Seniority. An Employee on layoff shall have an opportunity to return to work
within one (1) year of the time of his/her layoff before any new Employee is
hired.
9.4 Senior Employees will be given preference with regard to transfer, job
classification and assignments when the job-relevant qualifications of
Employees are equal.
9.5 Employees shall be given shift assignments preference on the basis of Job
Classification Seniority.
7
9.6 One continuous scheduled annual leave period (not to exceed two weeks)
shall be selected on the basis of Job Classification Seniority until March lst
of each calendar year. After March lst, scheduled annual leave shall be on a
first-come, first-served basis.
9.7 Employees shall lose their Employer Seniority for the following reasons:
a. Discharge, if not reversed;
b. Resignation;
Unexcused failure to return to work after expiration of a vacation or
formal leave of absence. Events beyond the control of the Employee,
which prevent the Employee from returning to work, will not cause
loss of seniority;
d. Retirement.
Article 10. Discipline
10.1 The Employer will discipline Employees for just cause only. Discipline will be
in one or more of the following forms:
a. oral reprimand;
b. written reprimand:
c. suspension;
d. demotion; or
e. discharge.
10.2 Suspensions, demotions and discharges will be in written form.
10.3 Written reprimands, notices of suspension, and notices of discharge which are
to become part of an Employee's personnel file shall be read and
acknowledged by signature of the Employee. Employees and the Union will
receive a copy of such reprimands and/or notices.
10.4 Employees may examine their own individual personnel files at reasonable
times under the direct supervision of the Employer.
10.5 Discharges will be preceded by suspension without pay for forty (40)
regularly scheduled working hours unless otherwise required by law.
10.6 Employees will not be questioned concerning an investigation of disciplinary
action unless the Employee has been given an opportunity to have a Union
:
representative present at such questioning.
10.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of
the grievance procedure under Article 7.
Article 11. Constitutional Protection
11.1 Employees shall have the rights granted to all citizens by the United States
and Minnesota State Constitutions.
Article 12. Work Schedules
12.1 The normal work year is an average forty (40)-hour workweek for full-time
Employees, to be accounted for by each Employee through:
a. hours worked on assigned shifts;
b. holidays;
c. assigned training;
e. authorized leave time.
12.2 Nothing contained in this or any other Article shall be interpreted to be a
guarantee of a minimum or maximum number of hours the Employer may
assign Employees.
Article 13. Overtime
13.1 Employees will be compensated at one and one-half (1-1/2) times the
Employee's regular base pay rate for hours worked in excess of the
Employees regularly scheduled shift. Changes of shifts do not qualify an
Employee for overtime under this Article.
13.2 Overtime will be distributed as equally as practicable.
13.3 Overtime refused by Employees will for record purposes under Article 13.2 be
considered as unpaid overtime worked.
13.4 For the purpose of computing overtime compensation overtime hours worked
shall not be pyramided, compounded or paid twice for the same hours
worked.
13.5 Overtime will be calculated to the nearest fifteen (15) minutes.
13.6 Employees have the obligation to work overtime or call backs if requested by
the Employer unless unusual circumstances prevent the Employee from so
7
working.
Article 14. Court Time
14.1 An Employee who is required to appear in court during his/her scheduled off-
duty time shall receive a minimum of three (3) hours pay at one and one-half
(1-1/2) times the Employee's base pay rate. The City may assign the
Employee to stand by pending the notification of their appearance being
required. Unless otherwise specified by the City or the prosecutor, this period
of standby shall commence two (2) hours prior to the time scheduled for the
Employee's appearance in court. The Employee will be compensated for two
(2) hours at their base rate as provided in Article 21.1 for each day on
standby.
14.2 If the court appearance is scheduled during the Employee's off time, and if
the court appearance is cancelled, the Employee will be notified by the end of
the business day (5:00 p.m.) preceding the court appearance. If notification of
cancellation is not made by the end of the business day (5:00 p.m.) preceding
the court appearance, the Employee will receive standby pay for two (2) hours
at their base rate of pay.
14.3 The business day notice applies to all court cases for which the Employee
receives notice resulting from their employment with the City.
14.4 Employees who are assigned to standby for a court appearance during their
off-duty time, and who are then notified by the prosecuting attorney that they
need to appear and who do appear in court shall receive a minimum of three
(3) hours pay at one and one-half (1-1/2) times the Employee base rate of pay.
Employees will not be paid both standby pay and for three (3) hours at one
and one-half their base rate of pay.
14.5 Employees will be required to appear for the Court Trials/Traffic Court, for
Contested Omnibus Hearings, for Implied Consent Hearings, and for any
other court appearance where the City or the prosecuting attorney directs
that standby is not feasible.
Article 15. Call Back Time
15.1 An Employee who is called to duty during the Employee's scheduled off-duty
time shall receive a minimum of three (3) hours pay at one and one-half (1-
1/2) times the Employee's base pay rate. An extension or early report to a
regularly scheduled shift for duty does not qualify the Employee for the three
(3) hour minimum.
10
15.2 An Employee who works extra-duty work (outside employment) during the
Employee's scheduled off-duty time shall receive a minimum of two (2) hours
pay at one and one-half (1-1/2) times the Employee's base pay rate.
Article 16. Insurance
16.1 For the calendar year 2006, for Employees who choose single coverage, the
Employer will contribute up to $416.45 per month per employee toward
health or an amount equal to that provided to non-union employees,
whichever is greater, in accordance with the Employer's Flexible Benefit
Plan.
16.2 For the calendar year 2006, for Employees who choose dependent coverage,
the Employer will contribute up to $932.82 per month per employee toward
health, or an amount equal to that provided to non-union employees,
whichever is greater, in accordance with the Employer's Flexible Benefit
Plan.
16.3 For the calendar year 2006, for Employees who choose dental coverage, the
Employer will contribute up to $20 per month toward dental, or an amount
equal to that provided to non-union employees, whichever is greater, in
accordance with the Employer's Flexible Benefit Plan.
16.4 The Employer will provide group term life insurance with a maximum of
$25,000 per Employee and additional accidental death and disability
insurance with a maximum of $25,000 per Employee (current cost is $4.75
per month), or an amount equal to that provided to non-union employees,
whichever is greater, in accordance with the Employer's Flexible Benefit
Plan.
16.5 In accordance with the Employer's Flexible Benefit Plan, Employees have the
option during an open enrollment period or during approved qualified events
to decline health or dental insurance coverage, provided they provide proof of
coverage elsewhere. In lieu of electing health and dental benefits, Employees
may elect the option of having ten (10) additional Benefit Leave Days or a
monthly cash benefit of $333.16, or the amount equal to or greater than the
amount provided to non-union employees. Benefit Leave days are required to
be used within in the calendar year and may not be carried into the following
year.
Article 17. Standby Pay
17.1 Employees required by the Employer to stand by shall be paid for such
standby time at the rate of one hour's pay for each hour on standby.
11
Employees placed on standby shall remain able to respond within a
reasonable time. Such reasonable time, if not otherwise specified at the time
of assignment to standby, shall be one (1) hour to the police department, or
other location designated by the City. Employees placed on standby shall
remain available to be contacted by the Employer by normal means to include
phone or wireless communication devices.
Article 18. Uniforms
18.1 The Employer shall provide required uniform and equipment items. Non-
uniformed Employees shall be reimbursed up to $400 per year for clothing
allowance.
Article 19. P.O.S.T. Training
19.1 Employer shall assign training at Employer's expense for Police Sergeants to
complete a minimum of 48 hours of P.O.S.T. Board-approved education
during each three-year licensing period.
19.2 Employer shall pay the cost of maintaining P.O.S.T. licensure for all
Employees required to maintain the license.
Article 20. Working Out of Class Pay
20.1 Employees assigned by the Employer to assume the full responsibilities and
authority of a higher job classification shall receive the salary schedule of the
higher classification for the duration of the assignment.
Article 21. Wage Rates
21.1 The following hourly wage rates will apply for 2006-2007 (amounts may be
rounded to two decimal points):
Jan. 1, 2006: $35.01 per hour
Jan. 1, 2007: $36.35 per hour
21.2 Specialty Pay - Any sergeant assigned to investigation will be compensated
an additional $225 per month.
Article 22. Separation Benefit Plan
22.1 Effective January 1, 1986, upon separation of employment, the City of
Fridley will pay a separation benefit to any employee hired before that date
who has been continuously employed ten (10) years or more as a full-time
12
authorized employee. The amount of the benefit shall be $200 for each full
year of service up to a maximum of $4,000 for twenty (20) years or more
service.
Article 23. Legal Defense
23.1 Employees involved in litigation because of proven negligence, or non-
observance of laws, or of a personal nature, may not receive legal defense by
the municipality.
23.2 Any Employee who is charged with a traffic violation, ordinance violation or
criminal offense arising from acts performed within the scope of his/her
employment, when such act is performed in good faith and under the direct
order of his/her supervisor, shall be reimbursed for attorney's fees and court
costs actually incurred by such Employee in defending against such charge.
23.3 Employer will provide protection for all Employees against false arrest
charges.
Article 24. Probationary Periods
24.1 All newly hired, rehired, or promoted Employees will serve a one year
probationary period.
Article 25. Annual Leave
25.1 Each Employee shall be entitled to annual leave away from employment with
pay. Employees shall accrue annual leave based on an average eight (8) hour
workday. Annual leave may be used for scheduled or emergency absences
from employment. Annual leave pay shall be computed at the regular rate of
pay to which such an Employee is entitled provided, however, that the
amount of any compensation shall be reduced by the payment received by the
Employee from workers' compensation insurance, Public Employees
Retirement Association disability insurance, or Social Security disability
insurance. An Employee's accumulation of annual leave will be reduced only
by the amount of annual leave for which the Employee received
compensation.
25.2 Seniority shall apply on scheduled annual leave up to March lst of each year.
After March lst scheduled annual leave shall be on a first-come, first-served
basis.
25.3 Annual leave shall accrue at the rate of eighteen (18) days (144 hours) per
year for the first seven (7) years (84 consecutive months) of employment with
13
the City.
An Employee who has worked seven (7) years (84 consecutive months) shall
accrue annual leave at the rate of twenty-four (24) days (192 hours) per year,
beginning with the eighty- fifth (85th) month of consecutive employment with
the City.
An Employee who has worked fifteen (15) years (180 consecutive months)
shall accrue annual leave at the rate of twenty-six (26) days (208 hours) per
year, beginning with the one hundred eighty-first (181st) month of
consecutive employment with the City.
These rates are based on a forty-hour (40) regular workweek. The actual
amount credited to an Employee in any given pay period shall be pro-rated
according to the actual number of regular hours worked during that pay
period. Hours worked on overtime, callback, or standby shall not enter into
the calculation of the accrual of annual leave.
25.4 For an Employee hired on or after January 1, 1984:
The maximum total accumulation of annual leave at the end of any given
year shall be thirty (30) days (240 hours).
Once a year, at a time designated by the City, an Employee who has
completed five (5) years of service with the City will have the opportunity to
exchange up to five days (40 hours) of accumulated annual leave for cash.
25.5 For an Employee hired before January 1, 1984:
Vacation accrued but unused as of December 31, 1983, shall be converted by
annual leave at the rate of one (1) day of annual leave for one (1) day of
vacation. Accrued but unused sick leave as of December 31, 1983, shall be
converted to annual leave according to the following schedule:
a. lst 45days @ 1 day of annual leave for 1 day of sick leave
b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave
c. Remainder @ 1 day of annual leave for 3 days of sick leave
In lieu of severance pay, one hour of annual leave shall be credited for each
full month of employment up to a maximum of two hundred forty (240) hours.
The total amount of annual leave credited to the Employee's balance as of
January 1, 1984, shall be equal to accrued but unused vacation plus accrued
but unused sick leave converted according to the formula above plus the
14
amount in lieu of severance pay. If upon conversion to the annual leave plan
an Employee's accumulation of annual leave exceeds thirty (30) days (240
hours) that amount shall be the maximum total accumulation (cap) for that
Employee at the end of any subsequent year.
Once a year, at a time designated by the City, an Employee will have the
opportunity to exchange up to five (5) days (40 hours) of accumulated annual
leave for cash.
In addition, once a year at a time designated by the City, an Employee with
an accumulation of annual leave in excess of thirty (30) days (240 hours) will
have the opportunity to exchange up to five (5) days (40 hours) of annual
leave for cash. Such an exchange shall reduce the maximum total
accumulation (cap) of an Employee by an equal amount.
25.6 An Employee who wishes to take advantage of the catch-up provision of the
I.C.M.A. Retirement Corporation may exchange as many days as desired for
cash under the following conditions:
a. The Employee's cap is reduced by the number of days exchanged.
b. In no case may the cap be reduced below thirty (30) days (240 hours).
An Employee taking advantage of this provision must file the
appropriate forms with the payroll division of the Employer.
25.7 Upon separation from employment with the City, an Employee will be paid
one (1) days salary for each day of accrued annual leave remaining in the
Employee's balance.
Article 26. Holidays
26.1 Employees will accrue eight (8) hours of holiday leave for each of eleven (11)
holidays in a calendar year.
26.2 In addition to the eleven holidays, Employees shall be paid at one and one-
half (1-1/2) times their base rate of pay for all hours worked on the actual
holiday between the hours of midnight and midnight. For any overtime hours
worked on a holiday Employees will be paid two (2) times their base rate of
p ay.
26.3 Employees, with approval, may use accumulated holiday leave time in any
hourly increment the Employee chooses.
15
26.4 If an additional holiday is awarded to other non-union employees, it would be
provided to the Union as well.
Article 27. Short Term Disability
27.1 Calculation of the short-term disability benefit shall be based on an average
eight (8) hour workday. Each Employee who has successfully completed the
Employee's probationary period shall be eligible for the short-term disability
benefit. Such an Employee shall be entitled to full pay commencing on the
twenty-first (21st) consecutive working day on which the Employee is absent
(after absence for 160 consecutive regularly scheduled working hours) due to
a physician-certified illness or injury off the job, and continuing until the
Employee returns to work able to carry out the full duties and responsibilities
of the Employee's position or through the one hundred tenth (110th) working
day (880th regularly scheduled working hour) of absence whichever occurs
first. Such an Employee shall also be entitled to full pay commencing on the
eleventh (llth) consecutive working day on which the Employee is absent
(after absence for eighty consecutive regularly scheduled working hours) due
to a physician-certified illness or injury on the job and continuing until the
Employee returns to work able to carry out the duties and responsibilities of
the Employee's position or through the one hundredth (100th) working day
(800th regularly scheduled working hour) of absence, whichever occurs first.
The amount of any compensation for the short-term disability benefit shall be
reduced by any payment received by the disabled Employee from workers'
compensation insurance, Public Employees Retirement Association disability
insurance, or Social Security disability insurance. Payment of short-term
disability benefit by the City to an Employee shall not exceed ninety (90)
working days (720 working hours) for any single illness or injury, regardless
of the number and spacing of episodes. The annual leave balance of an
Employee receiving short-term disability benefit shall not be reduced nor
shall such Employee accrue annual leave during that period.
27.2 Before any short-term disability payments are made by the Employer to an
Employee, the Employer may request and is entitled to receive a certificate
signed by a competent physician or other medical attendant certifying to the
fact that the entire absence was, in fact due to the illness or injury and not
otherwise. The Employer also reserves the right to have an examination
made at any time of any Employee claiming payment under the short-term
disability benefit. Such examination may be made on behalf of the Employer
by any competent person designated by the Employer when the Employer
deems the same to be reasonably necessary to verify the illness or injury
claimed.
27.3 If an Employee hired before January 1, 1984, has received payments under
16
the injury-on- duty provisions of previous contracts, the number of days for
which payment was received will be deducted from the number of days of
eligibility for coverage under short-term disability for that same injury.
Article 28. Bereavement Leave
28.1 Bereavement leave will be granted to full-time Employees up to a maximum
of twenty-four (24) scheduled hours. Bereavement Leave is granted in case of
deaths occurring in the immediate family. For this purpose, immediate
family is considered to include those individuals (either by blood or by law)
such as: spouse, children, parents, brothers, sisters, grandparents,
grandchildren, parents in-laws, brothers in-law, and sisters in-law.
28.2 The City will allow union employees to follow current practices for non-union
employees, which gives Employees an option to appeal directly to the City
Manager for additional time off if extenuating circumstances prevail.
Article 29. Jury Pay
29.1 It shall be understood and agreed that the Employer shall pay all regular
full-time Employees serving on any jury the clifference in salary between jury
pay and the Employee's regular salary or pay while in such service.
Article 30. Compensatory Time
30.1 Management reserves the right to approve compensatory time in lieu of
overtime pay. Compensatory time shall not be accumulated in excess of
twenty-four (24) hours, and must be used within the calendar year in which it
was accumulated as determined by the Employer.
Article 31. Employee Education Program
31.1 The Employer will pay certain expenses for certain education courses based
on the following criteria:
a. The training course must have relevance to the Employee's present or
anticipated career responsibilities;
b. Attendance shall be at an institution approved by the Employer. The
course must be approved by the Chief.
Financial assistance will be extended only to courses offered by an
accredited institution. This includes vocational schools, Minnesota School
of Business, etc.
17
31.2 Pro�rams Financial Policy
Financial assistance not to exceed the amount of two thousand, nine
hundred, twenty-five dollars ($2,925.00) per Employee per year will be
extended to cover the cost of tuition, required books or educational materials,
and required fees related to the course. Charges for student union
membership, student health coverage and other charges for which the
student receives some item or services other than actual instruction will not
be paid. The Employer will pay fifty percent (50%) of the cost of tuition in
advance of the Employee's actual participation in the course and the
Employee shall pay fifty percent (50%) of the cost. Upon successful
completion of the course, an Employee will be required to present to the Chief
a certification of satisfactory work. Satisfactory work is defined as follows:
a. In courses issuing a letter grade, a C or above is required.
b. In courses issuing a numerical grade, seventy percent (70%) or above is
required.
In courses not issuing a grade, a certification from the instructor that
the student satisfactorily participated in the activities of the course is
required.
31.3 If the Employee satisfactorily completes the course, the Employee will be
reimbursed for the additional fifty percent (50%) of the tuition cost for which
the Employee obligated himself or herself in the approved application as well
as for the cost of any course required books, educational materials or fees. If
the Employee fails to satisfactorily complete the course, the Employee will
not be reimbursed for these costs.
31.4 The program will not reimburse the Employee for the hours the Employee
spends in class, only for the tuition.
31.5 Expenses for which the Employee is compensated under some other
educational or assistance program, such as the GI bill, will not be covered.
31.6 The City will not pay tuition or other costs for those courses, which are used
to make the Employee eligible for additional salary.
Article 32. Waiver
32.1 Any and all prior agreements, resolutions, practices, policies, rules and
regulations regarding terms and conditions of employment, to the extent
:
inconsistent with the provisions of this Agreement, are hereby superseded.
32.2 The parties mutually acknowledge that during the negotiations, which
resulted in this Agreement, each had the unlimited right and opportunity to
make demands and proposals with respect to any term or condition of
employment not removed by law from bargaining. All agreements and
understandings arrived at by the parties are set forth in writing in this
Agreement for the stipulated duration of this Agreement. The Employee and
the Union each voluntarily and unqualifiedly waives the right to meet and
negotiate regarding any and all terms and conditions of employment referred
to or covered in this Agreement or with respect to any term or condition of
employment not specifically referred to or covered by the Agreement, even
though such terms or conditions may not have been within the knowledge or
contemplation of either or both of the parties at the time this contact was
negotiated or executed.
Article 33. Duration
33.1 This Agreement shall be effective as of first day of January, 2006, and shall
remain in full force and effect through the thirty-first day of December, 2007.
In witness whereof, the parties hereto have executed this Agreement on this
day of , 2006.
We hereby recommend approval of this agreement.
Scott J. Lund, Mayor
FOR CITY OF FRIDLEY
(D ate)
William W. Burns, City Manager (Date)
Deborah K. Dahl, Human Resources Director (Date)
Donovan W. Abbott, Public Safety Director (Date)
19
FOR LAW ENFORCEMENT LABOR SERVICES, INC.
Terry Herberg, LELS Business Agent (Date)
Mike Morrissey, Steward
20
(D ate)
�
�
CffY OF
FRIDLEI'
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
William W. Burns, City Manager
Captain Bob Rewitzer
December 23, 2005
2006 Animal Control Contract
Attached is the proposed 2006 animal control contract. We are once again proposing this
contract be made with Brighton Veterinary Hospital. There are no changes in the new
contract, including compensation. The term of the contract covers the period from January 1,
2006, through December 31, 2006. The fee charged by Brighton Veterinary Hospital remains
at $1,300 per month as in the previous two contracts.
In 2005, our records indicate the following impounds at Brighton Veterinary Hospital:
Dogs
Cats
Ferret
Goat
Total
92
45
1
1
139
(3 were sick/injured requiring emergency treatment)
(3 were sick/injured requiring emergency treatment)
The Fridley Police Department is very satisfied with the service provided by the Brighton
Veterinary Hospital and recommends approval and signing of the contract.
Attachment.
ANIMAL CONTROL CONTRACT
This contract, made and entered into this 9th day of January 2006 by and between
Brighton Veterinary Hospital, 2615 Mississippi Street, New Brighton, Minnesota, 55112,
hereinafter referred to as "animal shelter" and the City of Fridley, a municipal
corporation, 6431 University Avenue, Fridley, Minnesota 55432, hereinafter referred to
as "city".
I. TERM
The term of this contract shall be from January 1, 2006 through December 31,
2006.
II. ANIMAL SHELTER SERVICES
The city agrees to purchase and the animal shelter agrees to furnish the following
services:
1. Shelter for animal drop-offs on a 24-hour basis.
2. Animal examinations and veterinary care as required during normal business
hours.
3. Seized stray animals shall be held for five (5) regular business days. After
five regular business days the city shall have no right or interest in such
animals.
4. Euthanasia and disposal if required due to serious injury, illness, or after five
regular business days, in compliance with State Statute MS 35.71.
5. Receiving and disposing of dead animals delivered by the city.
6. Upon request, train city animal control officers in safe and humane handling
and apprehension of animals.
7. Keep accurate records of all animals impounded, boarded, and destroyed,
pursuant to this agreement and furnish monthly statements to the city.
8. Keep the animal shelter open during normal business hours of the Brighton
Veterinary Hospital and not less than normal business hours of the city.
9. The animal shelter, during normal business hours, shall be open for inspection
by the city or its agents.
10. Collect boarding fees at $12.00 per day for dogs and $10.00 per day for cats,
per animal from owners who retrieve animals. Fees are kept by the animal
shelter.
11. Hold any impounded animal being reclaimed until proof of applicable current
licensing and rabies vaccine is produced.
12. Serve as animal control officers for the city, as defined in Fridley City Code
Chapter 101, and as applicable to the operation of the animal shelter.
III. CITY RESPONSIBILITY
After normal business hours, the city will transport any injured animals that are in
a life threatening condition to the Affiliated Emergency Veterinary Services, at no
cost to the animal shelter. After treatment and release the city will transport the
animal to the animal shelter.
IV. COMPLIANCE WITH LAWS
In providing all services pursuant to this contract, the animal shelter shall abide
by all statutes, ordinances, rules and regulations pertaining to or regulating the
provision of such services.
V. AUDIT DISCLOSURE AND RETENTION OF RECORDS
The animal shelter agrees to make available to duly authorized representatives of
the city and either the legislative auditor or the state auditor for the purpose of
audit examination, any books, documents, papers, and records of the animal
shelter that are pertinent to the animal shelter's provision of service hereunder.
The animal shelter further agrees to maintain all such required records for three
years after receipt of final payment and the closing of all other related matters.
VI. ANIMAL SHELTER RESPONSIBILITIES AND 1NSURANCE
The animal shelter shall be responsible for all damages, harm or illness suffered
by the animals under its care and in its custody which may be due to the
negligence of the animal shelter. Said animal shelter shall save the city harmless
from any damages, costs, actions, or causes or action, or claims made against the
city for any harm, losses, damages, or expenses or account of bodily injury,
sickness, disease, improper disposition, death, and property damage resulting
from the animal shelter's operation.
The animal shelter shall procure and keep in full force comprehensive general
liability insurance in the amount of not less than $100,000 and $350,000 to
safeguard and indemnify the city for any of the occurrences aforementioned.
Such insurance policy must be filed with the city clerk.
VII. COMPENSATION
1. The city shall pay the animal shelter the sum of $1,300 per month for services
stated in this contract. Said sum shall be paid on or about the last day of the
month, or within thirty (30) days after submission of the monthly claims, by
the animal shelter.
2. The animal shelter may charge and retain customary veterinary fees including
rabies, and distemper-parvot (DHPP) vaccine.
VIII. EARLY TERMINATION
This contract may be terminated by either party, with or without cause upon thirty
(30) days written notice, delivered by United States mail or in person, to the other
party. For purposes of such notice, the address of the animal shelter is:
Brighton Veterinary Hospital PA
2615 Mississippi St.
New Brighton, MN 55112
and the address of the city is:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
IX. MODIFICATIONS
Any material alterations, modifications or variations of the terms of this contract
shall be valid and enforceable only when they have been reduced to writing as an
amendment and signed by the parties.
X. ENTIRE AGREEMENT
It is understood and agreed by the parties that the entire agreements of the parties
are contained herein and that the contract supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof as well as
any previous agreements presently in effect between the animal shelter and the
city relating to the subject matter hereof. The parties hereto revoke any prior oral
or written agreement between themselves and hereby agree that this contract is
the only and complete agreement regarding the subj ect hereof.
ANIMAL SHELTER
I�
Title:
Date:
CITY
By: _
Title:
Date:
�
�
CffY OF
FRIDLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
TO:
FROM:
DATE:
SUBJECT:
William W. Burns, City Manager
Connie Thompson, Fridley Senior Program Supervisor
January 5, 2006
Senior Companion Program - CDBG Application for Funding
INTRODUCTION
In the past, the City of Fridley Senior Program has received Community Development Block
Grant (CDBG) funds to administer our Senior Companion Program. Due to the County's
administering of the public service portion of the CDBG funds, the cities of Fridley and Coon
Rapids make a joint request for funding. This arrangement has been received favorably for
five years and is working well for both parties. We would like Council's approval to proceed
with this year's application.
DISCUSSION
The cities of Coon Rapids and Fridley will once again be making a j oint request for funds due
to the application requirement that states: "Applicants must request a minimum of $10,000 in
CDBG funds." Individually, the City's request would be $6,500. By making a joint
application, the request will be over the required $10,000. In 2005, we were funded at the
$10,0001eve1. By requesting a continuance of funding, we must show program growth in
2006-2007. The current j oint agreement between the cities of Fridley and Coon Rapids states
that Fridley will serve as the fiscal agent, applying for the funding on behalf of both cities and
dispersing the funds when received.
If we are denied funding through the CDBG process, we will still be able to provide
programming with current funding through 2006 and will look for alternative funding sources.
RECOMMENDATION TO THE CITY COUNCIL
To authorize the City of Fridley Senior Companion Program to apply for CDBG funding for
the year July, 2006, through December, 2007.
�
�
CffY OF
FRIDLEI'
T0:
FROM:
DATE:
RE:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
William W. Burns, City Manager
Roberta S. Collins, Secretary to the City Manager
January 5, 2006
Minutes from the City Council Meeting of November 21, 2005
Attached are amended minutes from the City Council meeting of November 21, 2005. Item
No. 19 was changed to reflect that Vacation Request, SAV #OS-01, by Blue Print Homes, Inc.,
was adopted by Resolution No. 2005-83 rather than by a motion approving the vacation
request. Nothing else was changed. The resolution was initially included with the agenda
item submitted for Council's review. The seven stipulations that were approved are included
with the resolution.
Staff recommends Council's approval of the minutes from the November 21, 2005, City
Council meeting with the changes outlined above.
Thank you.
Attachment
CITY COUNCIL MEETING
CITY OF FRIDLEY
NOVEMBER 21, 2005
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:34 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Bolkcom
Councilmember Wolfe
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Jon Haukaas, Director of Public Works
Brian Weierke, Police Captain
Don Abbott, Director of Public Safety
Julie Jones, Planning Coordinator
CONGRESSIONAL UPDATE:
U.S. Representative Martin O. Sabo provided a legislative update. He said there are two big
issues remaining for this year: the Labor, Health, and Human Services Education appropriation
bill and the Defense appropriation bill. The other appropriation bills have all been passed. One
that may be of particular interest for Fridley is the transportation bill in which they have
continued some funding for the Northstar Corridor project. The amount of $2 million was
provided this year. There is some money that was appropriated in 2003 that is also available.
Congressman Sabo stated there are other issues that may or may not be resolved in December.
He felt there would always be the ongoing debate of our policy in Iraq. He is unsure there would
be any particular votes on that matter.
Councilmember Billings asked what committees he served on.
Congressman Sabo said he served on the Appropriations Committee for 27 years. That is the
committee that allocates money for all of the agencies that they provide money to on an annual
basis. He served on the Budget Committee in 1993 and 1994. As part of the appropriations
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 2
Committee, he is a member of the Defense Subcommittee and is the ranking democrat on the
Homeland Security Subcommittee.
Mayor Lund asked how the United States was going to pay for the costs of the war and the
natural disasters we have had.
Congressman Sabo replied some of it gets built into our regular budget, like the Department of
Homeland Security. Some costs increase the short-term debt of this country and causes
significant taxes.
William Burns, City Manager, commented that this was Congressman Sabo's second time
serving the people of Fridley.
Congressman Sabo stated it was nice to get back.
Dr. Burns asked if he heard much from the people of Fridley.
Congressman Sabo replied some on general questions.
Patricia Freeburg, 5557 East Danube Road, said she read in the paper that the government is
now is reneging on the amount of promised aid to Louisiana and Mississippi. She asked if that
was true.
Congressman Sabo said he had not read that story. There are so different ways aid is given.
They have appropriated over $60 billion for disaster relief at this point. Only about $20 billion
has been spent, so there is a significant amount of money still available for dealing with disaster
relie£ A lot of payments go directly to individuals. He encouraged people to call him with
questions or problems.
Dr. Burns stated the congressman has agreed to do a cable interview.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of November 7, 2005
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Chapter 220 of the Fridley City Code,
Residential Rental Property Maintenance and Licensing Code, as it Pertains to
Reinspection Fees.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 3
Dr. Burns, City Manager, stated the amendment moves fees from Chapter 220 to Chapter 11.
The amendment also provides for denial of a license at the time of renewal. Staff recommends
Council's approval.
WAIVED THE SECOND READING OF THE ORDINANCE AND ADOPTED
ORDINANCE NO. 1213 UPON SECOND READING AND ORDERED PUBLICATION.
2. Second Reading of an Ordinance Amending Chapter 104 of the Fridley City Code
Pertaining to Diseased Tree Removal Assessment Fees.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
NEW BUSINESS:
3. Receive the Minutes from the Planning Commission Meeting of November 2, 2005.
RECEIVED.
4. Resolution Receiving the Feasibility Report and Calling for a Public Hearing on the
Matter of Construction of Certain Improvements: Neighborhood Street
Improvement Project No. ST. 2006 — 1.
Dr. Burns, City Manager, stated this resolution accepts our consultant's feasibility report and
establishes a public hearing for the project on December 12. An open house has been scheduled
for Wednesday, November 30. Staff recommends Council's approval.
Councilmember Bolkcom asked what area was covered by the street improvement proj ect.
Jon Haukaas, Director of Public Works, stated the 2006 street improvement project will be in
the center part of the city. The area covered includes the neighborhood south of Community
Park, north of Rice Creek, and then in the center part of the City, north and east of Hayes School,
Madison Street, Pandora, Caniston, Overton, Jackson Street, also going south of Mississippi
Street. The open house will be on Wednesday, November 30, at 7:00 p.m. in the Council
Chambers. The project will be explained in more detail at that time. Representatives from the
Rice Creek Watershed District will also be present to talk about some of the storm water issued
involved.
ADOPTED RESOLUTION NO. 2005-67.
5. Resolution Abating a Portion of the Assessment for Certain Properties within the
2005 — 1 Street Improvement Project.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 4
6. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise
Permit for Fridley Lions Club (Joe DiMaggids) (Ward 2).
Dr. Burns, City Manager, stated this application is for the renewal of the gambling premise
permit for Joe DiMaggio's from March 1, 2006, to February 28, 2008. Staff recommends
Council's approval.
ADOPTED RESOLUTION NO. 2005-69.
7. Resolution Authorizing an Increase in Compensation and Changes in Certain
Benefits for the 2006 Calendar Year.
Dr. Burns, City Manager, stated this resolution provides for a 3 percent cost of living adjustment
and an increase in applicable automobile allowance. The amount is consistent with increases
approved for union employee groups as well as with increases in other cities. Staff recommends
Council's approval.
ADOPTED RESOLUTION NO. 2005-70.
8. Claims (124058-124356).
APPROVED.
9. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
10. Estimates.
APPROVED THE FOLLOWING ESTIMATES:
Shank Construction, Inc.
3501 — 85th Avenue North
Brooklyn Park, MN 55443
Commons Park Treatment Plant Upgrade
Proj ect No. 3 57
Estimate No. 1 ...............................................$ 46,654.00
BCG Construction, Inc.
3117 Salem Avenue South
St. Louis Park, MN 55416
2005 Miscellaneous Concrete Repair
Proj ect No. 3 59
Estimate No. 5 ................................................$ 4,734.94
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 5
Dave Perkins Contracting, Inc.
14230 Basalt Street N.W.
Ramsey, MN 55303
71 '/z Avenue Street Improvement
Proj ect No. ST. 2005 — 3
Estimate No. 1 ................................................$ 51,157.50
Councilmember Bolkcom requested that Items 2 and 5 be removed and placed on the regular
agenda.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Items 2 and 5. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Items 2
and 5. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORM (VISITORS):
Donald E. Anderson, Jr., 7304 West Circle NE, asked why cars were always in the Cattle
Company parking lot. He has seen people sleeping in their cars.
Mr. Abbott, Public Safety Director, stated for the most part the property around the Cattle
Company would be considered private property. He told Mr. Anderson if he saw someone
sleeping in a car in the parking lot to call 911 and an officer would be called out to check to
make sure the person is okay.
PUBLIC HEARINGS:
11. Consideration of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA
#05-04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to
R-1, Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and
132 (River Edge Way) (Ward 3).
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Wolfe.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 6
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 7:52 P.M.
Julie Jones, Planning Coordinator, said the petitioner is Peter Borman who lives at 120 River
Edge Way. The petitioner, on behalf of the owners of 100, 104, 108, 112, 116, 120, 124, 128,
and 132 River Edge Way is requesting to rezone these properties from R-3, Multi-Family, to R-
1, Single Family. The petitioner has contacted all of the above property owners regarding the
rezoning request and the City has received signatures from all of them. All of the properties
requesting to be rezoned were developed as single-family homes between the years of 1957
through 1961. They are all zoned R-3, Multi-Family and have been since the City's first zoning
map dating back to 1958. The 1958 zoning map shows an R-3, Multi-Family, zoning
designation starting at the south edge of River Edge Way (61st Way) and extending all the way to
Interstate 694. Sometime between 1958 and 1962, the school district purchased the land south of
the subject properties, which resulted in a change of zoning from R-3, Multi-Family, to P, Public.
As a result of the school property being rezoned to Public, a strip of R-3, Multi-Family land
remains as a remnant of what was once a very large R-3 zoned property. The petitioner and his
neighbors would like to see the current zoning changed to reflect the current land use, which is
single family.
Ms. Jones said that while single-family homes are a permitted use in the R-3 zoning district,
changing the zoning to the land's current use will allow the single-family neighborhood to
remain the same as it exists today. The law gives the City the authority to rezone property from
one designated use to another, as long as the zoning is in conformance with the Comprehensive
Plan. The Comprehensive Plan's current land use map and 2020 future land use map designates
this area as "Single Family." Rezoning these properties from R-3, Multi-Family to R-1, Single
Family is consistent with the Comprehensive Plan and will promote preservation and
reinvestment of the existing single-family neighborhood. The Planning Commission held a
public hearing on this item on November 2, 2005, and unanimously recommended approval.
Staff recommends Council's approval.
Councilmember Bolkcom asked if staff could have brought this before Council.
Ms. Jones replied staff could have done that, but did not really see a problem. The petitioner
chose to bring it forward.
Councilmember Bolkcom asked if a fee was involved.
Ms. Jones replied there is a fee involved. Since single-family is a permitted use in the R-3
zoning district, staff does not typically go out and change that zoning.
Councilmember Bolkcom asked what the fee was.
Mayor Lund said it was $1,500.
Keith Olson, 112 River Edge Way, said at the Planning Commission meeting he asked if the
City would be willing to waive the fee if there were any unusual circumstances.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 7
Mayor Lund replied that is something they could consider.
Councilmember Bolkcom asked staff if they had ever waived any fees on anything similar to
this.
Scott Hickock, Community Development Director, said he cannot recall a situation where a
group of residents have asked for a collective rezoning and they have waived the fees. It is
something that he thinks should be put into the record that Council did take the approach at the
time the Comprehensive Plan was adopted that there is an inconsistency and Council chose to
take those on a case-by-case basis. There was not an urgent need to modify the rezoning unless
there are petitioners. This is a bit different than the taxpayers just paying for staff time. There is
a certain group who are getting a specific benefit to their property.
Dr. Burns stated just to be clear on the record, he believed there times when they have waived
the fee.
Mr. Hickok stated Council has the ability to waive the fee at its discretion.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE
PUBLIC HEARING CLOSED AT 8:10 P.M.
12. Consideration of an Ordinance Creating Chapter 205.32, 0-7, of the Fridley City
Code Pertaining to Shoreland Overlay District.
MOTION by Councilmember Barnette to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 8:12 P.M.
Ms. Jones, Planning Coordinator, said this text amendment is for a Shoreland Overlay District in
Fridley. Fridley needs to bring shoreline building requirements into conformity with the State
mandate that was passed many years ago which was designed to protect public waters from
overdevelopment. Even though Fridley is a fully-developed community, this is something we
are still required to do.
Ms. Jones stated in 1988, Fridley's staff began drafting a shoreland overlay ordinance in
preparation for a 1991 DNR mandate. Debate over details of the ordinance continued through
the early 90's. Staff requested flexibility from the State standard to only include first-tier
properties. There was an issue about the DNR wanting us to include property within 1,000 feet
of the first and second tier properties. Council was very concerned about creating many non-
conforming properties by doing that, and the ordinance was shelved after some debate. Lack of a
shoreline ordinance is a concern again, and staff has been warned that they need to adopt one
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 8
before we present the next Comprehensive Plan update. Fridley shorelines are fully developed
and it is in the best interests of the City to protect our waters. Many cities upstream from Fridley
have not yet passed a shoreline ordinance. Staff has found that it is important for Fridley to have
sound protections in place if we plan to go to our neighboring cities upstream, there are 28 of
them in the Rice Creek Watershed District alone, and request them to implement similar code
language to help protect Fridley public waters. Also in 2000, the City started the implementation
phase of the Springbrook Watershed Clean Water Partnership grant project. This included a
commitment to study ways that Fridley could protect surface water quality through ordinance
changes and to share the findings with the other three cities involved in the project. Two of them
do not have shoreline ordinances right now.
Ms. Jones stated the current shoreland proposal was developed by staff after consulting with the
DNR. The DNR suggested that we use New Hope's shoreland ordinance as a model. She said
the Shoreland Overlay District would be overlaid over the other zoning districts that apply. The
ones that are the most stringent are the ones that would be applicable. We have the Critical
Overlay District in place now which affects property in the City from East River Road West to
the Mississippi River. That overlay district contains a lot of the same language that is in the
Shoreland Overlay District proposal. There is also the Creek and River Overlay District which
pertains to language about building in the floodway. It gets a bit confusing for some people who
own some of these properties because they are dealing with multiple regulations and different
overlay districts in the code. The properties that will be affected by this overlay district include
properties directly abutting shoreline or within a certain distance of it, or first-tier properties.
Ms. Jones stated the overlay district includes 437 private parcels and some public parcels as
well. The properties that have been included are properties around Moore Lake, Spring Lake,
Locke Lake, Harris Pond, Farr Lake, the main wetland in Springbrook Nature Center,
Mississippi River, Norton Creek, Oak Glen Creek, Rice Creek, Springbrook Creek, and
Stoneybrook Creek A problem in the past was that this would make many properties non-
conforming and people would not be able to rebuild on the property if there was a catastrophe
and their structures were destroyed. The State statute was changed last year and it allows for the
rebuilding of non-conforming properties. So even if this overlay district creates a non-
conforming situation, they will be allowed to rebuild that property as long as they do not expand
the footprint of that property. They will also be allowed to maintain that property, to do any sort
of interior renovations that would not change the footprint of the structures. Staff is also in the
process of updating our non-conforming section of the zoning code to match the change in the
State statute.
Ms. Jones stated there are three core components to the Shoreland Overlay District. One is lot
coverage requirements for shoreland property. The second is setback requirements for structures
on shoreland property. The third defines a variance process. As far as lot coverage on shoreline
properties, this overlay district redefines what they consider lot coverage. The shoreline overlay
includes the square footage of structures and any other impervious surface such as driveways,
patio areas, swimming pools, and basketball courts.
Ms. Jones stated the second main compliance is the setback This gets a little confusing because
of the setback requirements from the ordinary high-water mark and setback requirements from
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 9
the bluff line, but the setback requirements for the ordinary high water marks are setback at 50
feet with the exception of 100 feet on the river and that is to coincide with the language that is
already in place in the Critical Area Overlay District for the Mississippi River. The setback
requirements from the bluff line, or whichever one is the furthest distance back, is the one that
people would have to abide by. In some situations, they have both. The setback requirements
for all water body types would be 40 feet from the bluff line. That creates what they call a bluff
impact zone which is that area between the bluff and the 40 feet area back on the property and
nothing would be allowed to be built in that bluff impact zone except for stairways and landings.
For people who live near the river, this requirement is already in place with the existing Critical
Overlay District. As far as the variance process, this is laid out in the draft ordinance in regards
to the 35 percent lot coverage. There is also a clause near the end of the draft code for decks
which allows people to add decks on their property without applying for a variance.
Ms. Jones stated the Fridley Environmental Quality and Energy Commission reviewed and
recommended approval of the draft Shoreland Ordinance. The Planning Commission held a
public hearing on November 2 and unanimously passed a motion to present it to Council. Staff
concurs with the Planning Commission's recommendations. The next step in the process would
be the first reading of the ordinance which will likely occur at the December 5 City Council
meeting. The DNR has indicated that they will work very hard to provide feedback prior to that
date.
Councilmember Billings asked if there is already an overlay district along the Mississippi River
that is 100 feet back and 40 feet from the bluff, what impact will this particular ordinance have
on those properties.
Ms. Jones said the only change in this zoning overlay for people living on the river is the 35
percent lot coverage requirement.
Councilmember Billings said with the current State legislation, if something were to happen
and they had to rebuild, they would be able to rebuild in the same location and at the same size.
They just could not expand.
Ms. Jones replied correct.
Councilmember Billings asked what this would change for people who live by creeks and
streams.
Ms. Jones replied it is really putting a new set of requirements in place because the Creek and
River Overlay District is designed basically to prohibit the building in a floodway or flood fringe
area. Most of these properties that are in this proposed shoreline overlay district are also
impacted a bit by part of their property being in the floodway or flood fringe. They cannot build
at all in those areas. What staff would have to do is look at any application and determine which
are the most restrictive requirements.
Councilmember Billings said so this would impact quite a few properties along the creeks.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 10
Ms. Jones replied, yes.
Councilmember Billings asked about the lakes.
Ms. Jones said it may be new for Harris Pond and Farr Lake because she believes they do not
have any area covered by any overlay district. With respect to Locke Lake and Moore Lake,
most of those properties do have areas in the floodway or the flood fringe.
Councilmember Bolkcom asked what would happen if Fridley does not approve this by 2008.
Ms. Jones replied they have been told by the Metropolitan Council that the City must have a
shoreline ordinance in place to get our next Comprehensive Plan update approved, which would
be in 2008.
Councilmember Bolkcom asked what jointly applied meant.
Ms. Jones stated if they have an application that had area in the back yard that was included in
the floodway, you would have to look at those requirements that are in place in the Creek and
River Overlay District that addresses building in the floodways. Staff would also have to
analyze how the requirements for the shoreline overlay apply on top of the requirements that are
in the base zoning district.
Councilmember Bolkcom asked about the letter Ms. Jones wrote to Tom Hovey from the DNR.
She was concerned that they had not heard from him. She did not want to vote for this until she
saw something in writing that they are agreeing to the 35 percent lot coverage.
Ms. Jones said they had not heard from him. She said he is the sole person who reviews their
draft overlay district, and he has been in approval of it in telephone conversations thus far.
Councilmember Bolkcom said she would like to see it in writing. She asked whether at some
point will there be definitions of a recreational lake, a general development lake and a natural
environmental lake.
Ms. Jones said it is her understanding that is defined in the State statutes. She did not think a
definition needed to be included in the City's code.
Councilmember Bolkcom asked about measures related to impervious surfaces. She asked if
this was going against the City code related to hard surfaces.
Ms. Jones replied this is all about protecting the waterway and the reason why they required
paved surfaces in the City was because loose gravel and soil were washing into the streets and
public waterways. The material carries a lot of harmful metals and chemicals with it.
Councilmember Bolkcom stated in Section (E) it says "Construction sidewalks and driveways
of partially pervious raised materials such as decking which has ...." She asked if staff could
look at this. She asked staff to explain about the section on non-conformities.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 11
Ms. Jones said this language was taken from the New Hope code. She said this is a big concern
with people who live on the waterways. They want to be able to replace their decks, for
example. Staff believed they should keep the language in there. This allows people to add new
decks or deck additions without a variance process.
Councilmember Bolkcom said the section did not say anything about new. She said she was
talking about the sentence before 3(a). She thought it could be clearer.
Mayor Lund asked what the code says under Section 205.32.5.8.
Ms. Jones stated that is the variance section of the Code.
Mayor Lund said he agreed with Councilmember Bolkcom. He would like a definitive answer
from the State. He would like to know what constitutes an acceptable variance.
Ms. Jones said Section 205.32.8.0 is the procedures for a variance. It requires people to come
up with a variance request and address a unique situation. This overlay district goes a little bit
further and that is why it has the additional variance section. It sets forth some examples of what
people might do to mitigate the impact of an added impervious surface.
Councilmember Bolkcom said if you live on the creek or Locke Lake for example is there some
possibility the DNR or the Rice Creek Watershed District could say we do not think you should
have it more than 25 percent.
Mr. Haukaas, Public Works Director, said typically the Rice Creek Watershed District does not
look at lots smaller than about 2'/z acres. They could, but historically, they have not looked at
the individual cases of a residential development to his knowledge.
Councilmember Bolkcom said her neighbor is building some retaining walls and they had to
sign off on it.
Mr. Haukaas replied that is different than a building. That is an improvement directly on the
shoreline which is within their jurisdiction and would require a permit.
Councilmember Bolkcom stated what they are both saying is that as far as additions and
buildings, unless it is right down along the water, along the shoreline, they are really not
involved unless it is over 2'/z acres?
Mr. Haukaas stated he has not been involved in anything of that nature, no.
Councilmember Bolkcom asked if it affected any public property or any of their street
reconstruction projects or anything else.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 12
Mr. Haukaas said it would apply restrictions on how close we could develop to the lakes,
creeks, streams or rivers. He does not believe it would affect any of the City's street projects at
this point.
Councilmember Bolkcom asked if it would affect any lift stations.
Mr. Haukaas replied, no.
Councilmember Barnette asked who establishes the high water mark and the bluff line.
Mr. Haukaas said the Rice Creek Watershed District has done studies on Rice Creek, and they
set that. It is true that the bluff lines could change.
Councilmember Barnette stated he sees a number of residents that are present at the meeting
who live on Oak Glen Creek and Stoneybrook, which both have had major flooding problems
and washouts. He asked how a line was established there.
Mr. Haukaas replied regarding a bluff line, basically it is where the slope changes to a point
where it exceeds 12 percent. That is something that can be measured. Over the years that has
changed.
Dirk Schindel, 6270 Riverview Terrace, asked what the benefit was for the City and the
property owners. He asked what the City's role would be. He said in talking about adjusting
setbacks and distances, why don't those agencies that demand it do it on their own rather than
create another administrative district.
Councilmember Billings replied that would be a very good question for the State legislature
because this is not a decision that was made by City staff. It is mandated by the Minnesota State
legislature and is being enforced by the Metropolitan Council. Mr. Schindel asked what benefit
this will have to the City of Fridley and its citizens. Since the City is very near 100 percent
developed, it is not going to have a lot of real benefit. It is something the State says the City has
to do.
Mr. Schindel said he would encourage Council to ask the State that question. He asked about
the permit or variance application.
Councilmember Billings replied he would still need to apply to the Rice Creek Watershed
District and the DNR for any permits. All this ordinance means is when you apply for a building
permit with the City, we would look to see where you are building and whether it falls within
these requirements.
Mr. Schindel asked if the City would inherit an enforcement burden.
Councilmember Billings said we still need to look at all of the zoning ordinances before a
building permit is issued.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 13
Patricia Freeburg, 5557 East Danube Road, stated she lives on Farr Pond. She asked what
would happen to the path around the pond.
Mr. Haukaas said the path around Farr Lake has been in terrible condition for some time. They
had planned to remove the path this fall but could not because of the storm. They are looking at
removing the asphalt in the spring and replacing it with a gravel path.
Ms. Freeburg asked if it will be in compliance.
Mr. Haukaas said it would.
Ms. Freeburg said she did not think gravel would work It would wash into the pond and wash
pollution into it. She thought something more needed to be done. Her other question is she
discovered that her house was built on an unbuildable lot. If there is enough rain, there is water
in her grass all the way up to the back of her house. She asked how the high water mark would
be determined for her home.
Mr. Haukaas said it is the ordinary high water mark, where the water normally is and that is
defined in State statutes by the type of vegetation. If it is not an obvious delineation, then they
look at the vegetation to see if there is aquatic or grass to determine where that delineation is.
Councilmember Wolfe asked it they would be putting pipes under the gravel path.
Mr. Haukaas said there are several sections where there is irregular flow across or under the
path, and they would put small culverts where necessary.
Mayor Lund asked if they could replace it with asphalt.
Mr. Haukaas said they could.
Mayor Lund stated but they could not add a new one if it was not already there.
Ms. Jones replied this would be different because it is actually part of public land.
Jerry Bahls, 7514 Alden Way, said he was a little confused by Section 8 of the ordinance.
Ms. Jones suggested that he look at the critical area overlay language that already applies to him.
It is her understanding that this language pretty much matches what we have in the existing
overlay.
Mr. Bahls said Section 8 talks about the provisions which are not applicable like removing dead
and diseased trees and limbs and those that pose safety hazards. He would propose they add
noxious weeds, particularly Buckthorn.
Ms. Jones said they will look into that.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 14
Richard Harris, 6200 Riverview Terrace, said he is surprised in the proposed ordinance that it
is 50 feet. He asked how this ordinance fit in with the wild and scenic river designation on the
Mississippi that runs from Anoka to Hastings.
Mr. Hickok, said they looked at the Natural Scenic Riverways regulations.
Ms. Jones stated she was assuming that was all reviewed when they did the Critical Area
Overlay and the setback requirements that they were talking about were all analyzed at that time.
Mr. Harris stated that was the critical area that was done previous to the designation of wild and
scenic rivers. Critical areas have been in place for about 20 years. He is surprised the numbers
have to 50 feet and a 40-foot bluff line which was never mentioned along the lakes. That was
always a minimum of 75 feet. He asked if there were new regulations.
Mr. Hickok stated when the last version of the Comprehensive Plan was adopted, staff took a
look at the wild and scenic designation and agreed to adopt the Mississippi National River and
Recreation Area guidelines. They agreed to build them into the Comprehensive Plan. They have
also been comparing those against regulations they had for setbacks. If there is any conflict, the
stricter requirement would apply.
Dr. Burns asked if the vegetation requirements in the Shoreland Overlay District are stricter
than the MNRRA rules.
Mr. Hickock said they match.
Mr. Harris asked if he complied with the 40-foot bluff line and the 100-foot setback from the
river, could he expand his dwelling towards the street.
Ms. Jones replied a person could, provided they are meeting their front yard setback
requirements. They would still have to meet the other setback requirements of the zoning
districts.
Mary Vasecka, 6909 Hickory Drive NE, asked if the affected property owners should have been
invited to the Planning Commission meeting about this ordinance. She asked if feeding the
wildlife was part of that ordinance.
Ms. Jones stated the Planning Commission held other public hearings on various text
amendments. Public hearings for those amendments will be held at the City Council meeting on
December 12, 2005.
Ms. Vasecka strongly recommended that nothing be passed until they have received everything
in writing from the watershed district and the DNR and it is notarized. She also had a question
about her specific property and what she would need to do if she wanted to remodel.
Ms. Jones said she has to meet all of the setback requirements.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 15
Mayor Lund said the notice was published for the Planning Commission meeting, and
individual notices went out for the Council meeting.
Ms. Vasecka said it is her understanding that the other 28 communities in the Rice Creek
Watershed District will need to have the same shoreline plan submitted to the Met Council by the
2008 deadline.
Ms. Jones said that is what they have been told.
Ross Meisner, 7836 Alden Way, asked if there was a shoreline overlay in place that had been
approved by the DNR in this vicinity.
Ms. Jones said New Hope has one, and there are probably more.
Mr. Meisner asked where he could find information on how this affects the landscaping within
the bluff line.
Ms. Jones replied there is some information on the City's website.
Leif Nelsen, 7190 Riverview Terrace, asked what the 35 percent encompasses.
Ms. Jones said the calculation will be done strictly on the square footage of the lot.
Mr. Nelsen said he is on the river. Looking at the lot plat, it is like 175 feet from the river up to
the bluff, and it is a pretty steep bank, and then it goes back another 175 feet. He asked if the 35
percent coverage include the 175 feet from the river to the top of the bluff and then from the
bluff to the street.
Ms. Jones said it would include all of the property that he owns down to the river.
Mr. Nelsen asked since he is exceeding that now, if he had some plans to do some renovations
and redo the driveway, would that be grandfathered in.
Ms. Jones replied he could resurface it without applying for a variance. If he is talking about
adding onto his home and he is already at the 35 percent lot coverage, he would need to apply for
a variance to exceed the 35 percent lot coverage.
Mr. Nelsen asked if what he has is over 35 percent and he wants to put in a new driveway,
would it be grandfathered in.
Ms. Jones said he would be allowed to replace the driveway as it exists. If he wanted to expand,
he would need to apply for a variance.
Don Curtis, 361 Ely Street NE, said Springbrook runs through the back of his property. He was
talking to his neighbor and he heard about property taxes going up in other communities that
have the zoning. He asked if that was going to happen.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 16
Councilmember Billings stated this should have no impact on the value of his property.
John Fink, 465 Rice Creek Terrace, said he is concerned about the bluff line. He is concerned
about how it would affect his property and any renovations he wanted to do.
Mayor Lund stated they understand it is going to affect a number of property owners. He can
still build, rebuild, repair and renovate it in that same footprint.
Mr. Fink stated from the way it is worded, it looks like all he can do is go up.
Councilmember Bolkcom said staff should be able to work with him and help him define where
his property is and what he can and cannot do.
Tim Hoglund, 148 River Edge Way, stated he moved into an older home three years ago and he
would like to make some changes at some point, but he is not sure what they are. He has a very
long lot. It is 350 feet from the bluff line to the high water mark. He asked where the bluff line
was for his property.
Mayor Lund asked how close it is from the top of the bluff line to the back of his home.
Mr. Hoglund said it is about 35 feet. He asked how he could find out if these changes would
affect him.
Councilmember Billings stated the only impact would be if he would qualify for doing any
improvements based on whether he had more or less than the 35 percent lot coverage. Unless he
has a tremendous amount of impervious surface, it is highly likely that this will have no
additional impact. He will, however, be impacted by those ordinances already in place.
Councilmember Bolkcom suggested that Mr. Hoglund talk to staff.
Ms. Jones stated staff often does not have the ability to make that determination. They rely on
the person coming in with the application to provide them with a survey that has topography
measurements and elevations on it. Without that information, staff cannot make a determination
of where the bluff line is. If Mr. Hoglund is planning on making improvements, the restrictions
are already in place now. He will need to have a survey for staff to review.
Mr. Harris stated one of the problems along the river has been uncovered decks and asked if the
ordinance affected them.
Ms. Jones replied she did not see where it was any different.
Mr. Hickok stated it would need to be a legally conforming structure and that is where some of
the problems have been.
Kris Schmitt, 7736 Alden Way NE, said she lives on the end of Stoneybrook and her property is
non-conforming. She asked if this ordinance would impact the selling of her home in the future.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 17
Mayor Lund stated not as he reads the proposed ordinance. She could rebuild if a tornado hit
her home. She could not expand the footprint though to build a larger home that is closer to the
bluff line than it already is.
Ms. Schmitt said she thinks she owns the property on both sides of Stoneybrook Creek but there
is a big easement in there for the storm sewer and storm runoff. She asked if that property was
considered part of what would be considered the 35 percent lot usage.
Mayor Lund said the easement is still her property.
Ms. Schmitt said there have been problems with diesel spills in the creek and when it rains,
there is a torrent of water going down the creek She asked if the City was trying to find out
where the diesel spills were coming from and do something about them. The whole idea from
these ordinances is to safeguard the river and shoreline. She asked about the grates along
Stoneybrook.
Mr. Haukaas stated Stoneybrook Creek is a short piece of creek, the rest of it is pipe. He said
he would check on that. The problem with grates in that area is that they catch a lot of debris,
get clogged, and then start flooding on the upstream side of East River Road and then starts
flooding into the Onaway District. It is a very short section and unfortunately things do get
dumped there. They do check it on occasion and remove debris. They have worked with the
Fire Department tracking some of the spills and they are reported to the MPCA.
Josh Welter, 77 Rice Creek Way NE, asked why there is an overlay on top of everything.
Ms. Jones replied a critical overlay only applies to property from East River Road west of the
Mississippi, so it only applies to property on the Mississippi River. The DNR is of course
requiring that they put shoreland ordinance restrictions in place for all shoreland properties. On
Locke Lake you are likely to have some restrictions from the creek and river overlay that
addresses property in the floodway. There are different needs for different property in the City.
Mr. Welter asked if there was a way to change any of the numbers.
Ms. Jones said they have asked for some flexibility in the rules.
Mr. Welter asked what would happen if the State were to change the law.
Ms. Jones replied State law supercedes City code so they would have to abide by State law.
Mr. Welter stated when they moved here in January this year they were looking at several areas
and they liked the lakeshore that they got. They looked at the Comprehensive Plan and they
liked the fact that the City of Fridley wanted to have more big single-family homes and they
would like to expand their house to cover a little bit more of the property and go to a second
level. They do not want to lose that capability.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 18
Ms. Jones stated that is something they did not really explain earlier when they talked about
adding a second level. When they talk about expanding a geographic footprint, people could
expand upward if they are within the geographic footprint that they are in, even if it is a legal,
non-conforming situation.
Mayor Lund asked if Mr. Welter was talking about expanding the footprint.
Mr. Welter said they were thinking maybe 10 feet back.
Councilmember Bolkcom stated there is a possibility that if it did encroach on that, he could
apply for a variance. She asked if he could apply for a hardship ordinance.
Ms. Jones replied actually, no, they could not apply variance to encroach, but they could apply
for a variance to exceed the 35 percent lot coverage.
Mr. Welter said Locke Lake is a 50-foot setback versus a100-foot setback for the river.
Ms. Jones stated with all the other water lines, it is 50 feet back from the ordinary high water
mark.
Ms. Freeburg asked how they determined how they determined what was a lake.
Ms. Jones said the DNR determines that. Farr Lake is a DNR designated waterway.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 9:58 P.M.
13. Consideration of an Ordinance Under Section 12.06 of the City Charter Declaring
Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally
Located at Glen Creek Road and Logan Parkway (Ward 3).
MOTION by Councilmember Barnette to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 9:59 P.M.
Mr. Haukaas, Public Works Director, stated this is to acquire property excess and for the
transfer of the land. The first piece is a parcel adjacent to Glen Creek Road east of Logan
Parkway. On October 24, 2005, the City Council approved the replatting of the piece of property
in this area to delineate where the actual roadway was constructed. During the 2005 street
reconstruction project, they found that the road that had been in place for 40 years was not where
a City-owned easement was. This plat is helping to correct that. Also through that
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 19
determination, they found a triangle of property outside of the area they need for street right-of-
way that would be deemed excess. They had some discussions with the property owner about
getting that piece of property.
Pam Reynolds, 1241 Norton, asked for a quick clarification. She asked if it was a swap.
Mr. Knaak, City Attorney, said there is an agreed-upon, defined parcel of land as opposed to
having the City declare a certain value and receiving money for it. It is a purchase. Instead of
the consideration being cash, it is another piece of land.
Mr. Haukaas stated they are not putting it up for sale, but are getting a consideration back in
exchange for that.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE
PUBLIC HEARING CLOSED AT 10:04 P.M.
14. Consideration of an Ordinance Under Section 12.06 of the City Charter Declaring
Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally
Located at Ely Street and Liberty Street (Ward 3).
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 10:04 P.M.
Mr. Haukaas stated this is a very similar situation on the railroad service drive between Ely and
Liberty Streets, just west of the railroad tracks. Again this was a piece that was replatted and
approved at the October 24, 2005, Council meeting. The adjacent property owner has been
maintaining the properties. They have been in discussion with the landowners. It is to the
benefit of both parties.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE
PUBLIC HEARING CLOSED AT 10:07 P.M.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 20
OLD BUSINESS:
15. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to Pawn Shop Transaction Fees.
Don Abbott, Director of Public Safety, stated staff presented revised ordinance language to
Council at the November 7, 2005, Council meeting raising the transaction fee from $1.50 per
transaction to $3.00. The additional fee will provide the maj ority of funding needed for a
dedicated pawn detective. Council approved the first reading and requested additional
information from staf£ The City of Fridley presently licenses two pawn brokers--Pawn America
and Cash-N-Pawn. Pawn shops are regulated by Minnesota State Statute Section 325J and by
Chapter 31 of the Fridley City Code. Chapter 31 of the City Code requires the Police Department
to regulate Fridley pawn brokers to monitor the operations, including hours of operation, making
sure no underage persons are pawning, and so on. It requires pawnbrokers to provide transaction
records to the Automated Pawn System (APS) on a daily basis. It requires pawnbrokers to allow
inspection of the premises and inventory by the Police Department at any time. The Automated
Pawn System is a statewide pawn database which was created and currently managed by the City
of Minneapolis. There are 152 agencies currently subscribed to APS; 67 pawnshops report their
activity from 37 different jurisdictions. It helps detectives identify criminal activity, solve
crimes, and recover stolen property for the rightful owners. Reviewing the APS and the member
agencies that belong they found annual license fees rising from $50 to $15,000 and transaction
fees from $0 to $3.00. St. Paul currently charges $3.00.
Mr. Abbott stated the first pawnshop opened in Fridley in 1994. They began requiring
pawnshops to submit data to APS in 2001. Total pawnshop transactions have increased steadily.
Of the top 10 cities reporting to APS, Fridley is third. We are behind St. Paul and Minneapolis
in our transactions, and that is from the period of January 1 to October 31 of this year. The APS
indicates there were 208 stolen items out of the 46,042 items pawned or purchased at the two
pawnshops between January 1 and October 31, 2005. The value of these items total
approximately $100,000. The 208 items represents one-half of 1 percent of the total items. The
identification recovery process is limited by data quality. The identification of stolen property at
the pawnshop depends on accurate information being entered by the pawn shop. Most items are
identified as stolen when APS searches the National Crime Information Center (NCIC database)
for reported stolen property. This is an automated process. Only stolen property with adequate
descriptive information including serial number is entered into NCIC. Only items entered by
pawnshops and APS with serial numbers are checked against NCIC. There were no serial
numbers entered for 64 percent or 31,502 of the items just in Fridley this year. Of that amount
12,539 items are jewelry identified as having no serial numbers. Police detectives identify
additional stolen items by searching the APS database utilizing general descriptions of stolen
property to determine possible matches. This is a labor-intensive process. The Fridley Police
Department has historically included pawn broker regulations as part of the duties assigned to
one of our two general detectives. One of the more important regulations is to audit pawn
inventory against APS and to ensure accurate data entry. They absolutely depend on accurate
APS entry by pawnshops to identify stolen property. The Police Department's last compliance
check audit was in 2002 when they found 19 percent of audited items to be incorrectly entered.
A pawnshop's use of the "Other" category needs to monitored and minimized as well. The
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 21
"Other" category was used 12,523 times between January 1, 2005, to November 15, 2005. This
impacts the verification of the NCIC check They may get a hit on the field number alone and
the detective then needs to go in and look at the record and see if it matches up to the item and
ultimately the detective, with or without the victim, may need to travel to that store to make a
physical ID of the item. It makes manual item searches by detectives much more difficult.
Mr. Abbott stated the pawn detective will increase the detective unit from two general
detectives and a sergeant. One of the three detectives will be assigned to pawn regulation and
pawn-related crime. We already have one police technician assigned to pawn. Her hours will
increase from approximately two hours a week now to eight hours per week to support the pawn
detective. The pawn detective's duties will include regulating the pawnshop and conducting
frequent audits and compliance checks of pawnshops, assuring point of sale software is being
used by the pawnshop and meeting state requirements, and responding to inquiries from APS
staff concerning data entry. The detective will be assigned to all cases involving property
confiscations at the pawnshop and will be assigned to all incoming property crime or burglary
and theft cases involving incomplete property descriptions with no suspect information to
perform manual searches of APS records. The detective will also personally and physically audit
all firearms received by Fridley pawnshops weekly. Recently Pawn America has begun
receiving guns from all of its pawn ships for ultimate resale. Police Department's records
indicate they received 15 guns in the past 20 days.
Mr. Abbott said at the last Council meeting Council requested that staff outline in detail some of
the costs listed as absorbed. The first thing they have to do is pay a$1 APS fee to the City of
Minneapolis per transaction, and based on 2005 transactions that would be $32,900. The pawn
detective's salary would be$72,475. The absorbed costs include a police detective's salary at 8
hours per week or $7,680 over the course of the year; work space fees and supplies of $2,110 a
year, a vehicle for the detective at $2,910 a year, and additional detective support. They figured
18, 8-hour days of additional detective support would be necessary filling in for the pawn
detective while he or she is away sick or on vacation. Conducting audits and compliance checks
will require more than one detective on the case. They estimate it would cost $123,075 if they
convert costs they previously listed as absorbed. The ordinance currently sets a license fee of
$3,000 per year or $6,000 total for the two pawn shops. The $3.00 transaction fee multiplied by
the estimated 32,900 transactions for 2005 would be $98,700 for a total of $104,700. The
remaining $18,375 would be absorbed by the current Police Department budget. To summarize,
a full-time police detective is necessary to ensure that accurate information is entered into APS.
This would increase the identification and recovery of stolen property which would lead to
improved ability to identify suspects resulting in additional criminal prosecution. It would deter
theft, which reduces victimization of Fridley residents, businesses, and the pawnshops
themselves, ultimately enhancing public safety and the quality of life in the City of Fridley.
Councilmember Bolkcom asked about the St. Paul detective and the amount of time he spent
working on pawn shops.
Mr. Abbott said Sergeant Prois did talk with the police officer in St. Paul. He estimated that he
spent 75 to 80 percent of his time regulating and working the pawn detail. He said he could
spend all of his time on pawn but he is required by his position to spend a certain amount of it
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 22
working other vice details. In addition, he does have about one-half a clerical type position
assisting him.
Councilmember Wolfe said DWIs and alcohol-related issues are also a crime. He asked if we
are going to charge liquor stores extra money because we have to make an arrest. He asked if we
were going to charge the Salvation Army or the Goodwill for the things they take in. There is a
record store that buys used CDs. He said he has a problem with two businesses funding a police
officer when St. Paul has seven pawnshops and one officer doing it. We are raising a fee to
come up with $72,000 and the two pawn shop businesses are going to pay for it. If that officer
does something other than pawn shop work, do we give them a discount? He thinks it is unfair
that our city owns liquor stores and we are selling alcohol to citizens who are potentially getting
DWIs. Do we charge ourselves $3 for every bottle we sell or every case of beer we sell.
Mr. Abbott stated concerning alcohol, they do charge fairly significant license fees in the City,
up to $9,000 per year.
Councilmember Wolfe asked what the pawn shop's license fee was.
Mr. Abbott replied the annual license fee is $3,000 per year and there is a$1.50 transaction fee.
St. Paul does have seven pawnshops and a population of around 200,000. It is interesting to note
that in the first three-quarters of the year they had 36,000 transactions. Fridley has two
pawnshops, a population of around 27,000, and we have 27,400 transactions. We averaged
nearly 1 transaction per person in the City of Fridley. For a city our size, we actually have a
greater pawn transaction rate per capita than St. Paul.
Mr. Abbott stated in reviewing the number of confiscated article notices that were sent out by
the APS, about 93 percent of those articles came from outside the City of Fridley. There are two
businesses that are creating a lot of additional work for the Fridley Police Department and
ultimately for City staff as a whole. What they are looking at is basically charging that industry,
and in this case these two pawnshops, for the cost of that regulation. The Police Department will
be absorbing approximately $18,000 of the expenses. If the pawn detective takes a telephone
call on a non-pawn crime when no other detective is in the office, no discount would be
necessary given the fact that the Police Department will be absorbing a portion of the whole cost.
The pawnshops will not be bearing the entire cost.
Councilmember Wolfe stated there are other businesses that in a sense do the same type of
business, such as a tool business. He asked if we knew if they were buying stolen property.
Mr. Abbott said they do not. Over the years they have had very few complaints or issues, or
investigations resulting that activity. It is something they have begun to take a look at.
Councilmember Bolkcom stated on the DWI issue, do we know that they are related to the
liquor that is sold at our liquor stores. We have eating establishments that have liquor licenses.
We charge a fee for the liquor license. She thinks the pawn shop fee is fair.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 23
Councilmember Wolfe stated he has a problem with the City having two businesses pay for one
officer when St. Paul has 200,000 people and have police officers and only one does the job.
Councilmember Bolkcom said to look at the number of transactions.
Councilmember Barnette stated he feels very comfortable with the justification from the Police
Department.
Mayor Lund said he thought the Police Department has given them good reasoning for the need
for an officer.
Councilmember Wolfe said they are paying property taxes and are paying their license fees.
Just like you and I. Our taxes are paying for the police officers in Fridley.
Alan Cross, officer of Cash-N-Pawn, stated he spoke with them a couple of weeks ago at the
prior meeting. He just wanted to speak on three broad points. First he would like to consider a
couple of numbers. The first is $15,000 which is the dollar value of the confiscated property at
the buy or pawn value that they thought they had confiscated from the pawnshops. In the
calendar year 2004 and through 10 months of 2005, they project those numbers could be right in
that same neighborhood again. That is the cash value and the pawn value and the buy value that
they bought the property at. Compare that number to next year, using the Police Department's
slides of $105,000, and the license fees and transaction fees they will pay and he just does not
see how that number computes that they are asked to pay $100,000 in fees, let alone computer
costs and personnel costs and things related to generating and maintaining the APS fee. This just
does not make sense. Those two numbers do not compute in making value. He knows in the
presentation the number was put out that the confiscations were around $140,000. He would
challenge where that value came from.
Mr. Cross said the other point he would like to make is when they talk about the numbers of
confiscation, Cash-N-Pawn was said to have 121 confiscations in 2004. He reviewed them.
Roughly half of them were individual DVDs or CDs and were valued at $2 or $3. He thought
they really needed to look at a dollar value on transactions and not the number of transactions
just because of the way the system operates. He also asked them to cover the secondhand
dealers. Why are people who are maintaining establishments be able to buy secondhand goods
from people who come into their store and not have to report them the same way pawn shops do.
Pawn shops should not be treated differently than the other stores and businesses buying
secondhand goods. They may not be aware of how much property goes to secondhand stores or
through eBay or a flea market because they do not regulate it. Only a dumb thief is going to
bring property to a pawnshop. They are going to take his picture, they are going to look at his ID
and record it, they are going to record the type of property it is, the serial number if there is one,
a picture if there is not a serial number, and they are going to electronically download that to the
Police Departments and the various agencies. He also has concerns that there are federal privacy
laws that they have to follow.
Mayor Lund asked Mr. Abbott where the $100,000 value came from.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 24
Mr. Abbott replied that they estimated $100,000 and that would be the market value on those
items. They show, using APS, the actual pawn value reported for those items totaled. Regarding
the estimated market value, APS records indicate that pawned value averages right around 20
percent of market value overall which is how they estimated the $100,000 market value.
Mr. Cross stated he has no idea where that statistic would have come from. He said they
would not buy an item that they knew was a hot item. That would be clearly against corporate
policy and their business policy. He cannot say that an employee may have thought of taking
something, but they put a lot of effort into not letting that happen.
Mayor Lund said what he is struggling with is whether there are enough checks and balances in
place to minimize the movement of stolen property.
Mr. Cross said it is a good system. They know it costs something. They just do not understand
why it doubled from $1.50 to $3.
Councilmember Bolkcom asked if there was any restitution to the pawn shop if we find out
something is stolen property.
Mr. Abbott said they do request restitution for the pawnshop when they refer a case for
prosecution. If it is a stolen property case coming out of one of the pawnshops, the pawnshop
then becomes the victim. They do not have any figures available from court that says what the
success rate is of judges awarding restitution and the defendants paying that restitution, but they
do request it.
Karl Hattman, Manager of Pawn America, asked if APS made it easier to track stolen items.
He said it was pretty much an unbeatable way to find things. He has worked in other cities at
pawn shops where they do not have a way of tracking things that way. They pretty much do it
all by hand. As far as tracking in APS the errors with "Other," he asked if that was as a category
or as a brand? As a store manager, he is in charge of the employees in his store. He pretty much
cracks down when they do put "Other" as a category on anything. He ran a report in his store
earlier today. Since October 1, they have not taken in one item listed with the category "Other."
Mr. Abbott replied the 12,000 figure would include any use of "Other" in the reporting of an
item, not just the category.
Brad Dunn, attorney representing Pawn America, said they presented their legal argument a
couple of weeks ago. Tonight he would like to ask for some fairness, some sense of rationality.
In the last three years, the number of transactions that have taken place at the City's pawn shops
have increased about one-third. Council is now looking at increasing the City's share of the fees
from 50 cents to $2 which is a 4-fold increase. He submits to them that this is not fair, it is
excessive, and is more than is needed. There are other businesses that require significant police
resources. Stolen property is not and should not be the only crime or the only issue in the City.
He has heard that up until the hours were changed at the Wal-Mart store, one-third of all the
police calls were actually directed to Wal-Mart. There is a large number of calls there and a
significant number at Target and bars and liquor stores. They are not required to pay any type of
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 25
transaction fee. Liquor establishments pay fee of $6,000 to $9,000. If that is significant, you can
see how significant the fee is that Pawn America is being asked to pay. That figure is over and
above what they are already paying for their property taxes. If you are a member of the
community, you pay taxes to pay for police, fire safety and all the other advantages of living in a
city. The city is trying to single out these two businesses and ask them to pay for something that
frankly nobody else pays for. Pawn America is being asked to pay over $70,000 a year just in
the APS fees and license. There pawn value of items confiscated from Pawn America was a
little over $10,000. The markup in the industry is specifically 40 percent. So, if it were $12,000
of confiscated value, you would expect it to be sold for whatever 40 percent is or around
$17,000. Pawn America pays $70,000 to cover $18,000.
Attorney Dunn stated what he thinks the City is trying to do is excessive and is too soon. How
much time will a new police detective actually be spending looking at pawn stores. He does not
believe that is the single biggest issue they have in the City and it is not necessarily going to be
the single biggest issue the City has over the course of the next year. He thought they should take
a little bit of a wait and see attitude and, if it turns out that they really are devoting all of this
officer's time to pawn shops, maybe there is better justification down the road for doing it. He
would respectfully request on behalf of Pawn America that they not increase the fees at all. He
thinks it is fundamentally unfair to single out the two businesses. If they feel they have to do
something at this time, he would respectfully submit they do not go as far as they are going here.
Cut it back a little. He suggested having a sliding scale. He said they should take a look at some
of the other secondhand dealers.
Brad Rixmann, owner of Pawn America, said what really disturbs him is that they run the only
business where their customers are presumed guilty before innocent. Hence, they are required to
submit a significant amount of data to law enforcement in terms of their race, gender, eye color,
hair color, driver's license information, and where they live in some cities. If they do not have a
telephone number, they cannot complete a transaction with them. They take a picture of them.
All the information is sent to the City of Minneapolis and retained there by the Automated Pawn
System. That information is then available to any law enforcement agency which subscribes to
the APS. He believes it is unfair to their customers to share that quantity of information which is
out in cyberspace and no one really has a handle on it.
Mr. Rixmann stated be believes it is an unfair restraint of trade to charge them $3 for each pawn
transaction. Chief Abbott said the last time an audit was done on pawn stores was in 2002. They
charge $1.50 per transaction, of which $1 is sent to the City of Minneapolis. Pawn American
does 22,000 transactions annually which nets the City $11,000 over and above the APS fees paid
to the City of Minneapolis and the $3,000 license fee. That is close to $15,000. Cash-N-Pawn
pays somewhere between $5,000 to $6,000 which is retained by the City. After the City of
Minneapolis has been paid, the City of Fridley has retained $21,000 per year since 2002. When
they did the audit, they picked up 20 items in their store, and they maybe picked out some items
from Cash-N-Pawn, and they came back and said they had a problem with 19 items. If the
transactions have remained the same in the last three to four years, they have paid somewhere
between $60,000 to $80,000 to law enforcement, and they have not seen the Police Department
in their stores to perform these audits. The issue with "Other" is possibly related to compact
discs, DVD movies, and video games. There is no other category put those products in. He does
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 26
not believe that Cheapo Records submits information to law enforcement. He thinks this is
grossly unfair and is a restraint of trade. He does not believe the City really understands what is
happening with the data that law enforcement is collecting. They were unaware until just
recently that there were any issues with either of his stores. He respectfully requests that the City
reconsider their request to increase the fee to $3, and leave the fee at $1.50.
Mayor Lund asked if they felt there were getting their money's worth from the $1 per APS
charge.
Mr. Abbott said he does. The ability to look at pawn records from 67 pawn shops located
throughout Minnesota, most of those in the metro area, makes them more effective at finding
stolen property and returning it to rightful owners and helping with prosecution. It also makes
more work for their detectives as well. It is true they have not done a compliance check since
2002. That is something they need to da Mr. Rixmann mentioned that they checked 20 items,
and had a problem with 19. They had problems with 19 percent of the 42 items from both stores.
They do have figures for the calls for service for Wal-Mart, and it is considerably less.
Mr. Abbott stated regarding the 40 percent markup that Mr. Dunn referred to, the $100,000
figure is the fair market value. Pawn is not the biggest issue in the City. There are 38 other
officers working on other issues. This officer would deal with pawn shops and regulate them the
way it should be done. They will do a better job than St. Paul. They are going to put more time
into it, and they are going to do a better job. Concerning identification, that is required by State
statute.
Mayor Lund asked if the $1 fee for the APS was excessive. He asked if Minneapolis was
making money on it.
Phil Havenstein, Minneapolis APS, said the law does not allow them to get rich doing this. In
fact, they are just this year beginning to return, they hope, part of the $489,000 the Minneapolis
City Council provided in 1996 to build the Automated Pawn System for all law enforcement
agencies to use. They have never raised their rate from $1 per transaction. Now that they may be
making more money than they need to operate, they are going to do a couple of things. One
thing they are going to do is eliminate the cost for agencies that do not contribute to access that
data. Right now they charge every agency some fee to be able to access the data. Even though
they may not have a pawnshop, they pay them a fee; $36 to $72 a month, depending on how big
they are. It is arranged by the State of Minnesota. Secondly, they will reduce the $1 fee to
where they continue to maintain the system but without making an excess return on it because
they are prohibited from doing so by law.
Mayor Lund asked with this system in place does he think that it greatly diminishes the
movement of stolen goods.
Mr. Havenstein said they have increased their percentages of recovered stolen property by over
300 percent. He does not think that is fair to get into measuring the Automated Pawn System or
any regular tray of schemes simply by the number of stolen items. He thinks the pawn industry
would agree with him that it is also important that they do have fair and adequate identification
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 27
process and security. One of the things that Mr. Rixmann brought up was the data privacy issue.
The State of Minnesota has identified all of the property information as public but all
information about people who come into the pawn system as private information.
Paul Hess, 615 — 57th Avenue NE, said there are a lot of secondhand businesses that are not
regulated. The ones that are regulated are the ones the City is punishing. By raising their fees
they are hurting them. He works at a Pawn America in Roseville.
Attorney Dunn said with respect to the fair market value of confiscated property, he made the
statement there was about a 40 percent markup on the value of pawned property and the Chief
indicated that it was substantially more than that, perhaps five-fold. He read an article from the
Winona Dail.� earlier this year, and it quotes Sergeant Haverstein as saying that the actual
value of goods is approximately twice the pawn value.
Mr. Haverstein stated that is not a quote. He asked to see the article. The statement that they
are making is accurate, the statement that the Chief made is accurate, the difference is in the
wording. When they talk about a 40 percent markup, they basically are saying they are probably
a little short of doubling their costs. When you talk about a five-fold, you are actually talking in
terms of the new replacement cost which is what the insurance company would face or the victim
would face to replace it with a new product.
Mr. Weierke, Captain, Fridley Police Department, said he wanted to clarify a few things that
came up about the secondhand shops. While they were researching this ordinance, they decided
to look at secondhand shops. They also called representatives of both pawnshops last summer
and spoke to them about the issues and about some of the problems they were having. They
gave them copies of what they had relating to pawn shops and reviewed the APS contract.
Councilmember Wolfe asked they did not look into the other organizations now.
Chief Abbott replied because at this time based on police contact, they are few problems with
secondhand shops. The police contact with the pawnshops is pretty high.
Councilmember Wolfe stated he thought they make a fairly valid point but if the fee gets too
high at a pawnshop, they will probably have a lot more activity at the other secondhand stores.
Ronald Devalk, Anoka, said has probably done about $30,000 to $45,000 in business at the
Fridley pawnshops. People use fake ID's to pawn things. It is known that Fridley does not go
through any records when something is sold to the pawnshops. Other cities go through their
records a little more toughly. Fridley is one of the highest because it does not have the manning
to staff their database. He said the APS only works if you have someone working it. Fridley's
numbers are right behind two major cities and nobody has asked why that is. Their numbers are
high because people know there is less chance of getting caught here than anywhere else.
Mayor Lund stated he does think that it is somewhat of a hardship for the two pawnshops to be
hit with a double increase from $1.50 to $3.00. His thought there was justification to look into it.
He thought they should raise the fee and look at it in a year.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 28
Councilmember Wolfe asked about a sliding fee.
Councilmember Barnette asked Mr. Knaak about a sunset ordinance. He said he has some
concerns as well. He is very supportive of our Police Department. He thought their report
tonight justifies the raise. He was very impressed with the attorney from Pawn America with
some of his points. They are singling out this business. Captain Weierke said they were going to
look at the secondhand stores. He asked if there was a timetable. He would rather go ahead with
the idea of the $3 fee so we can hire an officer to investigate this and somehow put in a sunset of
2008, and have Council take another look at it.
Attorney Knaak, City Attorney, said it was something they could do.
MOTION by Councilmember Bolkcom to approve the Second Reading of an Ordinance
Amending Chapter 11 of the Fridley City Code Pertaining to Pawnshops and Transaction Fees.
Seconded by Councilmember Billings.
Councilmember Billings stated he does not think they have heard too much different from the
public than they have heard from the Council this evening. He thinks the primary question that
they have to ask themselves is do we agree with the Chief that they should be hiring a full-time
police officer for the purpose of pawnshop oversight? When they are talking about the tens of
thousands of dollars, probably millions of dollars, of stuff that is pawned every year, what is
$30,000 or $50,000 or $100,000. It is a pretty small number compared to the total dollar value of
the transactions. The pawnshop owners argued the last time they were here and again this time,
is that really a good return on investment from the standpoint that some people out there in our
society, some of whom are in Fridley, are losing $50,000, $100,000, $200,000 worth of stuff.
One gentleman indicated that he did that much himself and there are others out there. He is
absolutely right, if they write a bad check to buy something new, they can go almost anywhere
and sell it for a certain amount of cash. He does not know that they are going to catch that with
the current APS, but the question they need to ask themselves is do we need a full-time officer to
provide oversight for this particular industry. He indicated in the meeting two weeks ago that he
would be more than willing to look at and encourage our Police Department and City staff to
take a look at whether we wanted to come up with some regulation for our other secondhand
stores that are not pawn-oriented. Captain Weierke has indicated that they are going to look at
that. That is going to be a different ordinance because we do not have the State statute backing
us up. He does not have a problem with taking a serious look at that. But if we do decide that
we want a police officer, we should look at the costs of administering other licenses. We do not
try and make money. From the numbers that staff is providing, it is going to cost us nearly
$20,000 a year more to administer this particular ordinance. We charge for many of the services
that we have to provide that are not being provided to the general public.
Councilmember Billings stated they talk about the APS making it easier for the officers. He
fully agrees with that but if you carry that one step further, if in fact we are going to provide the
oversight to the level that our Chief is suggesting be provided and we did not have the APS to
help us, we would have to have three police officers to administer it. So it is a benefit to
everybody to have the APS because all the Chief is suggesting is we try to recover the bulk of
the cost. The big question that we have to answer is, do we feel that the Chief is correct that we
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 29
need to provide this level of oversight to these two businesses. He thinks they have come up
with the right formula, a base fee and then a per transaction fee, because that spreads the cost to
the businesses on kind of a pro-rata business. The one that is doing the most business in theory
is going to require the most oversight; therefore, the per transaction fee causes that particular
business to pay a greater fee than the other one. They really need to look at some type of
regulation for the secondhand stores. The inference is if we make the fees too high, they are
going to stop going to the pawnshops and they are going to start going to the used CD store and
the used tool shop. He said they need to ask why does Fridley have 27,000 transactions per year.
Maybe it is the fact that they are fairly centrally located in the northern suburbs. That puts the
police in the position of serving not only the citizens of Fridley but the citizens of Brooklyn Park,
Brooklyn Center, New Brighton, wherever people are coming from and he is not sure that if fair
to our citizens. The next question is if it is reasonable to ask those businesses that are helping or
causing them to make that decision to have a full-time police officer to pay for it. That is an easy
answer for him. They should because that is how they operate.
Mayor Lund thought they should base this more on the amount or level of activity. He asked
about a sunset.
Councilmember Wolfe stated he thought Councilmember Billings brought up some good
points. The liquor establishments, restaurants and bars in Fridley, come up with all of their fees
of about $70,000 which in a sense pays for a police officer. He believes the fees the pawn shops
are paying are similar to the licenses the bars in restaurants have.
Councilmember Billings stated the number is $27,000 from January to October so that is nine
months. That would mean for the year of 2005, they are anticipating somewhere in the
neighborhood of 36,000 transactions, at a dollar and a half, a dollar of that goes to Minneapolis
for APS, so $18,000 would come to them. So they are getting about $18,000 per year based on
this $27,000. That is why they only have a person approximately two hours a day rather than
eight hours a day. He thinks the real question that is in front of them, is do they need somebody
on this full-time and, if so, he does think it is fair that the businesses that we are overseeing are
the ones paying the fee.
Mayor Lund asked the City Attorney about a sunset.
Mr. Knaak stated they have two options. One option is to offer an amendment as part of the
legislation itself. That would be part of the ordinance that would effectively and automatically
terminate it at the designated time. The other option is to pass it like any other ordinance and
make a commitment to review the issue.
Dr. Burns, City Manager, stated he would suggest that if they are going to do the first option
that they give the Police Department a little longer than a year, maybe as long as July 1, 2007, so
can give the program a fair test.
Chief Abbott said he believed that a period of two years would allow them an opportunity to
hire the detective and get him trained and working.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 30
Councilmember Bolkcom asked what a sunset would be gauged on. She thought they should
receive a report every week.
Councilmember Barnette said he has great faith that the Police Department can develop criteria
for this.
MOTION by Councilmember Barnette to amend the motion to include a sunset date of
November 1, 2007. Seconded by Mayor Lund.
MOTION by Councilmember Billings to table this item to the next meeting. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THIS MATTER WAS TABLED UNTIL
THE NEXT COUNCIL MEETING.
NEW BUSINESS:
16. First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring
Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally
Located at Glen Creek Road and Logan Parkway (Ward 3).
MOTION by Councilmember Bolkcom to waive the reading and adopt the ordinance on first
reading. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE
AND COUNCILMEMBER WOLFE ABSTAINING, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
17. First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring
Certain Real Estate to be Surplus and Authorizing the Sale Thereof, Generally
Located at Glen Creek Road and Logan Parkway (Ward 3).
MOTION by Councilmember Bolkcom to waive the reading and adopt the ordinance on first
reading. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE
AND COUNCILMEMBER WOLFE ABSTAINING, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
18. First Reading of an Ordinance Amending Chapter 250 of the Fridley City Code
Pertaining to Front Yard and Side Yard Setbacks in the S-1, Hyde Park District
(Zoning Text Amendment, ZTA #05-03, by the City of Fridley).
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 31
Mr. Hickok, Community Development Director, stated on November 7 Council held a public
hearing regarding the potential amendments to allow a reduced front yard setback from 35 feet to
25 feet and a reduced side yard setback from 20 feet to 7.5 feet in the Hyde Park neighborhood.
These side yard setbacks would apply to new construction only.
Mayor Lund asked if this was similar to what they already have in other districts.
Mr. Hickok said it was. The front yard setbacks would make it exactly the same with the R-1
Districts. The second piece of this would allow a reduction in the side yard setback for new
construction to 7.5 feet for each side yard on a newly-constructed home. That allows a bit of
flexibility while still keeping 15 feet between that and an adjacent home in the event that more
than one is being built.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
19. Resolution to Vacate Portions of 3rd Street NE, 57t'' Place NE, 58t'' Avenue NE, 59tn
Avenue NE, and Alleyways within Block 12 and 21, Lying Easterly of 3rd Street NE
and Terminating at the University Avenue NE Right-of-Way (Vacation Request,
SAV #05-01, by Blue Print Homes, Inc.); and
20. Preliminary Plat Request, PS #05-08, by Blue Print Homes, Inc., to Replat Portions
of Block 2, City View Addition, and Blocks 12 and 28, Hyde Park Addition, to
Create 16 New Single Family Lots for the Gateway West Redevelopment Project
Generally Located at 271 and 281 — 57t'' Place, 5740 University Avenue and 5917
through 5955 3rd Street.
Ms. Jones, Planning Coordinator, said she would present Items 19 and 20 together. The
petitioner is Blue Print Homes. Blue Print Homes is seeking to replat portions of Block 2, City
View Addition, and Portions of Blocks 12 and 28, Hyde Park Addition. They are also seeking to
vacate portions of 57th Place, 58th Avenue, and 59th Avenue. These requests will help equate 16
new single-family lots for the Gateway West Redevelopment Project. The Gateway West
Project is located between 57th Place and 61st Avenue and Third Street and University Avenue.
The property is currently owned by the Fridley Housing and Redevelopment Authority. This
project is referred to as the Gateway West project and is comprised of properties formerly used
as a used car lot, a vacant lot that once was occupied by Warner Furniture, a fourplex, and
single-family homes. In 1976, City Council created the S-1 Hyde Park Overlay District which
applied only to the properties located between Main Street and University Avenue and 57th Place
and 61st Avenue. In 1976, this area of the City was a mixture of uses made up of single-family
residential duplexes, multi-family, and commercial properties. The purpose of the overlay
district was to recognize the mix of uses that existed at that time and to no longer permit
commercial properties within the Hyde Park District. When the Hyde Park Overlay District was
created, the City Council promised the residents of this area that they would no longer allow new
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 32
commercial properties and once the existing use had ceased operation, they would not be
replaced. Commercial properties such as Commercial Mechanical, Warner Furniture, and
Frank's Used Cars would be allowed to remain until such time that the owner changed hands and
the use was going to change or the property went up for sale. All of these commercial properties
have since been purchased by the City or the HRA. In 1996, the vision of the Gateway West
Project included the Frank's Used Car Site and the single-family home south of it. There was an
analysis done of the project area at the time and it was determined the project area could be
comprised to be either seven single-family homes or town homes, or a senior apartment building.
Ms. Jones stated a neighborhood meeting was held in which neighborhood opposition arose.
Many people who spoke were concerned about traffic along 57th Avenue. Since 57th Avenue
was slighted for redesign and rebuilding in 1998, the HRA moved their attention towards the
Gateway East Proj ect on the east side of University Avenue. In 2002, after the completion of the
Gateway East Proj ect, the HRA refocused its efforts on the Gateway West Proj ect. A
neighborhood meeting was held, and a tax increment analysis was completed. The tax increment
analysis determined there was not enough blight to warrant a project other than single-family
homes in the neighborhood. Council and HRA determined that single-family residential was the
direction they wanted to go and asked staff to conduct an analysis. The image along the west
side of University Avenue was the main focus for the City and the HRA for this project. Staff
did an analysis of the entire Third Street block to determine what areas were in need of
redevelopment. It was determined that the 5800 block of Third Street did not show a high
enough percentage of blight to be eligible for TIF financing, but the 5700 block and the 5900
block of Third Avenue were blighted and in need of redevelopment. In 2002, staff started
acquiring the additional properties to make the Gateway West Project a reality. The last property
needed for the project was acquired earlier this year. All of these buildings on these lots have
since been acquired and recently demolished. The HRA's goal for Gateway West is to convert
the former mixed commercial and residential area to a viable single-family residential
development. The HRA has approved Blue Print Homes, a Blaine housing developer, for the
construction of 16 new single-family homes. The attraction of Blue Print Homes stems from
their commitment to variety and quality of construction. It prides itself in never constructing the
same home twice. The exterior of the homes will include brick and stone, as well as an attractive
mix of other siding materials to give homes a unique look The developer expects that the homes
will range in price from $250,000 to $400,000. It is the hope of the City and HRA that with the
investment of this money in the Hyde Park neighborhood, the existing property values should
rise, and other reinvestment will occur. As a result of the Gateway West Project, the existing
properties need to be replatted to create the 16 new single-family lots. The plat will be divided
into two blocks. Block 1 will be comprised of 9 single-family lots and is located on the southern
portion of the project. Block 2 will include 7 single-family lots and is on the north portion of the
project. Fridley City Code requires that lots in the S-1 Hyde Park zoning district be a minimum
of 60-feet in width or 65-feet in width on corner lots. The lots on the proposed plat range in
width from 60 to 107 feet, so they meet the City's minimum requirements. The City Code also
requires that lots in the S-1 District have a minimum of 7,500 square feet for lot area. The lot
area requirements are being met on each of the lots proposed.
Ms. Jones stated in order to create the 16 new lots, a 6-foot strip of 57th Place, a 60-foot portion
of 58th Avenue, and a 60-foot portion of 59th Avenue needs to be vacated. The 6-foot strip of
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 33
57th Place to be vacated will provide additional lot width for Lots 7 through 9 on Block 1 without
affecting the right-of-way needs for the road or snow storage. The portions of 58th Avenue and
59th Avenue to be vacated are approximately 60 feet by 140 feet located between Third Street
and University Avenue. The 58th Avenue section to be vacated will provide the necessary lot
area for Lots 1 and 2 on Block 1. The 59th Avenue section to be vacated will provide 30 feet of
necessary lot area for Lot 1, Block 2, and the remaining 30 feet being vacated will go to the
property owner located at 5859 Third Street. The Planning Commission held a public hearing on
this plat and vacation request on November 2 and unanimously recommended approval of those
requests. Commissioner Dunham and Commissioner Kondrick both expressed an interest in
charging park dedication fees for these newly-created parcels which was not a stipulation staff
had before them at that public hearing. They felt that because the new residents would be using
the recreational facilities in our community that something should be charged to the properties.
Based on their concerns, staff recommends that an additional stipulation be added regarding park
dedication fees. Staff recommends Council's approval.
Councilmember Billings asked what portion of Third Street is being vacated.
Ms. Jones said it is 58th Avenue, 59th Avenue, and 57th Place.
Councilmember Billings said Third Street is mentioned in the resolution.
Mr. Hickock, Community Development Director, stated regarding the legal description, as the
streets overlap the public right-of-way along Third Street, there is a portion of Third Street right-
of-way at those corners that have been described.
Councilmember Billings asked staff to explain.
Mr. Hickok stated that is the starting point based on this description. The starting point lies 30
feet east of the centerline and then reading through further as described it takes you through the
rest of the description of what is being vacated.
Attorney Knaak stated this has to do with the particularities of legal descriptions as they get
spelled out in these kinds of cases.
Councilmember Billings stated he is suggesting that if you take this and you get yourself a
pencil and you put it on a piece of paper and you draw the shape of that particular element that
you are describing, you are going to end up with a line and not an area.
Attorney Knaak, City Attorney, stated it should be double-checked before publication.
Councilmember Billings said he is confused about the vacation of the two alleys. He asked
what direction they ran.
Councilmember Wolfe stated, north and south.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 34
Councilmember Billings stated for the first one, we are vacating that portion lying south of the
easterly extension of the north line of Lot 16, Block 21, and we are also vacating this lying
southerly of the easterly extension and northerly of the easterly extension of the south line of Lot
16, Block 21. So they are only vacating as it is adjacent to Lot 16, Block 21. It will still be open
the rest of the way. It will be a dead-end alley. In other words, it is only that portion of the alley
that is going to lie in a new Lot 1, Block 1. Just that little piece that is adj acent to Lot 16 in new
Lot 1, Block 1. That is the only portion of that alley that we vacating.
Mr. Haukaas, Public Works Director, stated it should go from Lot 16 up to Lot 26. So it is the
full length of the new platted area.
Councilmember Billings stated one is in Block 12 and one is in Block 21. He asked if all of
59th Avenue was being vacated.
Mr. Haukaas replied, no.
Councilmember Billings asked, just the northerly half of 59th Avenue?
Mr. Haukaas replied, that is correct.
Councilmember Billings stated so now we are going to have an alley that goes from Lot 30
down to Lot 17 with no way to get at the alley. He asked why the whole alley was not vacated.
Mr. Haukaas stated the alley can be added to this. It just was not part of any of the new plat so
it was not looked at being added to this ordinance.
Councilmember Billings stated and then the other one goes from 16 to 26. They probably just
need to change that to southerly of the easterly e�tension of the north line of Lot 30, Block 21, in
order to vacate the entire length of the block.
Mayor Lund asked if they were up against a deadline.
Councilmember Bolkcom replied, November 28.
Dr. Burns, City Manager, stated if they could pass it and double-check it.
Mr. Haukaas stated that is fine for a legal description, but what about the notification. This
affects properties that have not been noticed.
Dr. Burns asked if it made any sense to consider vacating the remainder of the alley as a
separate action.
Mr. Hickok stated the plats themselves have been described and are clear. The new question
has come up as to whether we should vacate the alley behind the rest and that could be handled
in a separate action. He does not think there is anything slushy about the plat as it is being
proposed or the descriptions that have been provided other than there is a middle block that has
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 35
an alley that should be vacated. They can take that on in a separate action, but they do need to
notify the folks as for some odd reason, maybe somebody would object and at least they want to
give them a chance to speak.
Councilmember Bolkcom stated Councilmember Billings has a concern about the Third Street
issue.
Mr. Hickok stated they will have the surveyors double-check the legal description before it is
published.
Councilmember Bolkcom asked if he felt there needed to be any changes.
Mr. Hickok replied, no. They will double-check the legal descriptions with the surveyor, but
those resolutions have been offered in the correct form and that would be their recommendation.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2005-83 with the following
seven stipulations:
1. Petitioner shall obtain all necessary permits prior to construction.
2. Grading and drainage plan to be approved by City's engineering staff prior to the
issuance of any building permits, in order to minimize impacts to the surrounding
properties.
3. During construction, silt fencing shall be used where applicable.
4. Petitioner to pay all water and sewer connection fees.
5. The Petitioner shall agree to preserve mature trees to the extent possible. All trees
required to be removed for the new homes shall be marked and approved by the City staff
prior to issuance of building permits.
6. Petitioner to provide City with a copy of the declaration of conveyance for the
development that outlines the landscaping and fencing requirements prior to issuance of a
building permit.
7. Park dedication fee of $6,000.00 (4 lots x$1,500.00) to be paid prior to issuance of a
building permit.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to approve Preliminary Plat Request, PS #OS-08, by
Blue Print Homes, Inc., with the following seven stipulations:
1. Petitioner shall obtain all necessary permits prior to construction.
2. Grading and drainage plan to be approved by City's engineering staff prior to the
issuance of any building permits, in order to minimize impacts to the surrounding
properties.
3. During construction, silt fencing shall be used where applicable.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 36
4. Petitioner to pay all water and sewer connection fees.
5. The Petitioner shall agree to preserve mature trees to the extent possible. All trees
required to be removed for the new homes shall be marked and approved by the City staff
prior to issuance of building permits.
6. Petitioner to provide City with a copy of the declaration of conveyance for the
development that outlines the landscaping and fencing requirements prior to issuance of a
building permit.
7. Park dedication fee of $6,000.00 (4 lots x$1,500.00) to be paid prior to issuance of a
building permit.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
21. Approve Modifications to Special Use Permit SP #04-06, by the Islamic Center of
Minnesota, to Allow the Expansion of the Existing Private School and Approve a
Twelve-Month Extension, Generally Located at 1401 Gardena Avenue (Ward 2).
Councilmember Bolkcom asked if the neighborhood was notified.
Mr. Hickok, Community Development Director, replied a letter was sent out to residents not
only 350 feet away, but to a point beyond 500 feet of this property. This is a consideration of
proposed revisions to a special use permit. In January, 2005, the Council approved Special Use
Permit, SP #04-06, to allow a school expansion of the Islamic Center of Minnesota, at 1401
Gardena Avenue NE. The approval would allow a 39,694 square foot school addition to be
completed in two phases. In the process of completing work and drawings, architects discovered
that an ultimate desired class size of 25 students would leave classes cramped for space. A space
of 36 square feet per student is the standard desired. As planned, the rooms lack 10 square feet
per student. The original proposal showed the classroom size as 600 to 650 square feet. They
would need 900 square feet. The difference between the revised plan and the proposed plan is as
follows: the original plan, Phase I, had 15,008 square feet and Phase II had 24,597. The revised
plan, Phase I, would have 20,800 square feet and the petitioner has agreed that Phase II then
would be downsized to 18,800 square feet. The original plan was a little less than 39,605 square
feet. The new plan would actually reduce the size by 5 square feet and overall have a building
size of 39,600 square feet for Phase I and Phase II. Changes to the complex are as follows. First
of all the wall on the southwest face is moved out to replace the colonnades. Approximately 7.5
feet along the front of the building by the bus loop where the column is, is basically an open
space with a roof over it and column. They need that space inside the classroom so they bump
out the wall to a point that holds up the edge of that roof, replacing the colonnade, and closing in
the space. That is on the southwest face. The wall on the southern end of the northeast face
directly adj acent to the former building would be bumped out approximately 10 feet. That would
only be done without encroaching on the 48 feet of setback the wetland that was delineated.
The parking lot was also reworked to better accommodate bus circulation. They still have the
same number of parking spaces. The entire west and south property lines surrounding the
parking areas would be fenced and would also include a hedge. The 12-month extension that has
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 37
also been requested was done because there were substantial modifications to the working
drawings required relative to these modifications if approved or authorized by the Council and
additional fundraising time would be required due to the increased cost of materials and the
increased cost of the overall larger project in Phase I. Staff recommends Council's approval.
Councilmember Wolfe stated there will be a wall where the overhang was on the west side.
Mr. Hickok it still has some relief. It is not a wall coming straight up to a roof.
Councilmember Wolfe stated from a helicopter it will almost look exactly the same.
Mr. Hickok stated, yes, the roof line on that side of the building stays the same. The building
wall gets moved up underneath that roof.
Councilmember Wolfe stated and on the east side, just a portion of it is going to extend 10 more
feet and is not visible to anybody.
Mr. Hickok stated that is right. It is the downhill slope adjacent to the existing building. It
would be very difficult, if almost impossible, to see from an adj acent site.
Councilmember Wolfe stated he cannot speak for the neighbors, but he thinks it is still too big
for the neighborhood, but the changes that are being made are not affecting the visual part of the
original plan.
Councilmember Bolkcom asked Mr. Hickok if the buses turn around in the parking lot.
Mr. Hickok said they do. They have determined the best long-term solution is to have a bus
loop that comes up, allow them to drop students off at the school and then loop them back out.
This was designed to meet Fire Department criteria.
Councilmember Bolkcom asked if it was different than the first plan.
Mr. Hickok stated, yes, the bus loop still is off the street and comes up to the front of the
building. It is meant to do essentially the same thing. The problem that they found though is
that the long central island of parking really caused the bus to be cramped at the far end and to
circulate properly, they really needed to shorten that up but they could not lose the parking space.
For those cars parked at the end stalls, they can back out, have room to actually back to the west,
and then drive out to the east. As they see it, it is a better design loop for the buses and frankly
from a design parking perspective.
Councilmember Bolkcom stated it seems to her, logistically, turning a bus around in an area
where you also have people parking and kids coming from parked cars is scary to her. She
asked if this was the final plan.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 38
Councilmember Barnette said one of the few criticisms he has received is that people who
come along Gardena, stop in front of the school, and drop off their students. Will the parents
also be encouraged to do the same as the buses?
Anwar Abdel-Karim, Vice President of the Islamic Center, said they are very much done with
the design and are looking at the flooring and ceiling.
Councilmember Bolkcom stated so the basic design work is done. It is more of just the details.
Mr. Abdel-Karim stated, yes, exactly.
Mayor Lund said if parents are in a hurry, he imagines they will want to drop their kids off and
go. He is hoping that they will try to get them to pull into the parking lot to circle round.
Councilmember Bolkcom stated tonight they are supposed to approve the modification. They
do not have to approve the stipulations?
Mr. Hickok stated that is right. There are two actions. One is to recognize and approve the
modifications that have been discussed and the second is to approve the 12-month extension that
would take them to January 2007.
Mike Wiltfang, 5885 Tennison Drive NE, and said he could not recall from the previous hearing
about this if there were some assurances made that high school-aged students would not be
allowed to drive cars to and from school. He asked if anything had been formally stipulated or
could that change.
Mr. Abdel-Karim stated students in high school are not allowed to drive to school. It exists in
the student handbook, so it is school policy and is not going to change.
Councilmember Barnette commented he did not think the City could dictate that.
Mr. Hickok stated there is an alternative parking lot. In the event their parking is deemed
inadequate for any reason, there is proof of parking over on the east side of the building that
would need to be installed, and the City can decide when that has to happen.
Mr. Wiltfang stated he understands that but the other complication in putting that parking up on
the hill is that you will involve all those neighbors who abut that parking area. The problems
that e�st with the Totino-Grace traffic are well documented. He does not mind that there are a
few cars parked in front of his house during football games, but it would concern him if he
started seeing cars parked in front of his house on a regular basis during the school year.
Mayor Lund asked if the additional parking would be on the school level or on the elevated
property.
Mr. Hickok stated it comes in at the school level but as he recalls the design was to basically use
the tiers that are there and create parking drive aisles that are workable slopes that have parking
built into the contours essentially.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 39
Mr. Wiltfang asked if there was legal criteria that would trigger that requirement.
Mr. Hickok stated there was. In the ordinance for proof of parking, Council at its discretion can
approve parking initially, and the Code is clear that at the City's discretion, it can make the
determination if additional parking is necessary and when. They give the school notice and give
them a reasonable time to install it.
Mr. Wiltfang stated his concern is he has already been at a public meeting at Totino-Grace and
they addressed those issues. There are people who live along Arthur that have problems with
parking. He asked the city engineer if it was possible to put up no parking signs in the
neighborhood and was told they could not.
Mayor Lund stated they can restrict parking on public a street but then it is restricted to him and
everyone else.
Mr. Wiltfang stated he understands.
Mayor Lund said the traffic changes, they have to put the parking lot in.
MOTION by Councilmember Wolfe to approve modifications to Special Use Permit SP #04-06,
by the Islamic Center of Minnesota, to allow the expansion of the existing private school.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE AND
COUNCILMEMBER BILLINGS VOTING AYE, AND COUNCILMEMBER WOLFE
AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED
THE MOTION CARRIED ON A THREE TO TWO VOTE.
MOTION by Councilmember Wolfe to approve a twelve-month extension, to January 3, 2007.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE AND
COUNCILMEMBER BILLINGS VOTING AYE, AND COUNCILMEMBER WOLFE
AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED
THE MOTION CARRIED ON A THREE TO TWO VOTE.
2. Second Reading of an Ordinance Amending Chapter 104 of the Fridley City Code
Pertaining to Diseased Tree Removal Assessment Fees.
MOTION by Councilmember Bolkcom to table the second reading of this ordinance. Seconded
by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 2005 PAGE 40
3. Resolution Abating a Portion of the Assessment for Certain Properties Within the
2005-1 Street Improvement Project.
Councilmember Bolkcom asked if the change involved a decrease.
Mr. Haukaas said the abatement amount is how much the proposed assessment would be
decreased. It is really the difference between he final amount and the estimate. Most of this is
for the driveway work.
Councilmember Bolkcom what the process would be.
Mr. Haukaas said there is a 30-day prepayment period. At the end of the 30 days, whatever is
left they send to the County. These people have been notified that their assessment is going to be
reduced by this amount and they still have a little bit of time to pay within that 30-day period
before it gets sent to the County.
Councilmember Bolkcom asked if they had 30 days from today.
Mr. Haukaas stated, no, but they are aware of it.
Councilmember Bolkcom asked and how were they notified?
Mr. Haukaas said they were sent letters.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2005-68. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
22. Informal Status Reports.
There were no informal status reports.
ADJOURN:
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 1:10 A.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
CITY OF FRIDLEY
2006 CITY COUNCIL AND STAFF APPOINTMENTS
2005 REPRESENTATIVE
Mavor Pro Tem:
Councilmember-at-Large Barnette
2006 APPOINTEE
Anoka Countv Law Enforcement Council:
Councilmember-at-Large Barnette, Rep.
Councilmember Wolfe, Alternate
Association of Metropolitan Municipalities:
Mayor Lund, Delegate
Councilmember Bolkcom, Alternate
Lea�ue of Minnesota Cities:
Councilmember Billings, Representative
Mayor Lund, Alternate
School District Nos. 13:
Councilmember-at-Large Barnette, Rep.
Councilmember Bolkcom, Alternate
School District Nos. 14:
Councilmember-at-Large Barnette, Rep.
Councilmember Bolkcom, Alternate
School District No. 16:
Councilmember Billings, Representative
Councilmember Wolfe, Alternate
Northstar Corridor Development Authoritv:
Councilmember-at-Large Barnette, Rep.
Councilmember Billings, Alternate
North Metro Convention & Visitors Bureau:
EXPIRES
12-31-06
12-31-06
12-31-06
12-31-06
12-31-06
12-31-06
12-31-06
12-31-06
12-31-06
12-31-06
12-31-06
12-31-06
12-31-06
12-31-06
12-31-06
Debra A. Skogen, City Clerk 12-31-06
�
�
CffY OF
FRIDLEI'
Name
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
Ellard Briesemeister
Martina Nelson
COMMISSION APPOINTMENTS
Commission
Appeals Commission
Environmental Quality and
Energy Commission
Term Expires
April 1, 2009
April 1, 2009
Michael Heintz Parks & Recreation Commission April 1, 2007
�
�
CffY OF
FRIDLEI'
Name
Robert
Jarrett
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
Position
Patrol Officer
Non-expect
Appointment
Starting
Salary
$18.49
per hour
(2006 contract)
Starting
Date Replaces
Jan.9, Joseph
2006 Gerhard
�
�
CffY QF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JANAURY 9, 2006
LICENSES
Tvpe of License
�
Approved Bv
LAWFUL GAMBL/NG
Fridley Alano Society Peter Buck Public Safety Director
5925 University Av. NE City Clerk
Fridley, MN 55432
� AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
�°F LICENSES
FRIDLEI'
Contractor T e A licant A roved B
Borchart Steel Inc Wreckin James Borchart Ron Julkowski CBO
Refrigeration Services Commercial/Specialty Fred Syrdal Ron Julkowski CBO
St. Paul Plumbin & Heatin Gas Tamera Mathews Ron Julkowski CBO
�
�
CffY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
January 4, 2006
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
An Ordinance for Text Amendment #05-07. First Reading to Amend Chapter 110 to
Include Hazardous Material Dumping and Waterfowl Feeding As Public Nuisances
M-06-06
INTRODUCTION
On December 12, 2005, the City Council held a public hearing regarding the amendment of Chapter
110 to include hazardous material dumping and waterfowl feeding as public nuisances. Staff
presented two additions to the list of defined public nuisances in Chapter 110 of City Code and
Council suggested changes to the proposed text amendment.
One addition proposed by staff is to make dumping of hazardous liquid materials (used motor oil,
paint, solvents, etc.) a code defined public nuisance. Already a State law, staff has found that the
problem is often not big enough to warrant any State action when reported to the Minnesota
Pollution Control Agency. City staff would like to be able to cite such actions under City Code.
Council suggested adding the term "granular" to the list of hazardous materials. To meet
their suggestion, staff added reference to State Statute Chapter 116.06 Subdivision 11
Hazardous Waste definition which includes solid, semi-solid, liquid and gaseous material.
The second addition would make intentionally feeding waterfowl — on public or private property — a
City Code violation. Staff's greatest concern over feeding waterfowl is that food commonly fed to the
birds contaminates waterways and shorelines, thereby affecting water quality. Council suggested
removing the reference to feeding waterFowl "on your own or someone else's property". Staff
has made the suggested amendment in the text; however, residents should be aware that if
feeding becomes a public nuisance (on their private or other property) Section 110, Public
Nuisance, would apply. This revision now makes feeding waterFowl only on public parks and
lands a code violation.
PAST COUNCIL ACTION
On December 12, 2005, the City Council held a public hearing regarding TA #05-07.
PLANNING COMMISSION RECOMMENDATION
At the November 2, 2005, Planning Commission meeting, a public hearing was held for TA #05-07.
After a brief discussion, the Planning Commission recommended approval of text amendment
request, TA #05-07. THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends the Council hold the first reading of an ordinance for the approval of the
proposed text amendment TA #05-07 at the January 9th, 2006, City Council meeting.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 110 OF THE FRIDLEY CITY CODE
PERTAINING TO WATER QUALITY
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
110. PUBLIC NUISANCE
110.02. PUBLIC NUISANCE DEFINED
Whoever, by an act or failure to perform a legal duty, intentionally does any of the following is
guilty of maintaining a public nuisance, which is a misdemeanor:
L Maintains or permits a condition that unreasonably annoys, injures or endangers the
safety, health, comfort, or repose of any considerable number of inembers of the public.
2. Interferes with, obstructs, or renders dangerous for passage any public highway or
right-of-way, or waters used by the public.
3. Causes obstruction or excavation affecting the ordinary use by the public of streets,
alleys, sidewalks, or public grounds except under such conditions as are permitted by this Code
or other applicable law.
4. Causes any well hole or similar excavation to be left uncovered or in such other condition
as to constitute a hazard to any child or other person coming on the premises where it is located.
5. Accumulates in the open discarded or disused machinery, household appliances and
furnishings, or other materials; or stores in the open machinery, equipment, cars, or materials not
in normal use on the premises where stored, in a manner conducive to the harboring of rats,
mice, snakes, or vermin, or to fire, health or safety hazards from such accumulations, or from the
rank growth of vegetation among the items so accumulated.
6. Deposits or causes placement of hazardous material in a manner that causes those
materials to drain into a storm sewer drain or waterway as defined in section 105.02.7 of this
code or any other unpaved �round surface within the City. Hazardous material shall include, but
not be limited to, paints, solvents, oil, automotive fluids or an. o�?i��iu hazardous wastes as
defined in State Statute 116.06 Subdivision 11.
7. Intentionally feeds waterfowl on �k���� ��� �€� �arr��c��� ��5�'� ����p���; �r����d�r�� public
parks and land. _ _
8b. Is guilty of any other act or omission declared by law to be a public nuisance and for
which no sentence is specifically provided.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2006.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: December 12, 2005
First Reading: January 9, 2006
Second Reading:
Published:
�
�
CffY OF
FRIDLEY
T�:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 9, 2006
William W. Burns, City Manager
Jon Fi. Fiaukaas, Public Works Director
January 4, 2006
PW06-006
First Reading: Chapter 208 - Stormwater Management and Erosion Control
Ordinance
City staff has proposed to delete the existing Chapter 208 - Erosion Control and replace it
with a new Chapter 208 - Stormwater Management and Erosion Control. The public
hearing for this ordinance was held at the December 12, 2005 council meeting.
As we have been developing new stormwater programs over the last few years to meet the
I`iational Pollution Discharge Elimination System (I`iPDES) requirements, we found that
Fridley does not have a specific ordinance regulating stormwater runoff. Section 205.04.1 of
the City Code includes only the following basic requirements:
• I`io land shall be altered resulting in runoff causing erosion, flooding, or deposits
on adjacent properties
• A grading plan must be provided that details the volume of excess runoff
• Grade the site to the nearest storm structure or watenvay
• Show any ponding and volume of storage.
City staff has relied on our mandate to enforce the 1983 I`iational Urban Runoff Program
(I`iURP) and the newer I`iPDES requirements when requiring developers to install certain
stormwater improvements. There are not direct written instructions for developers on what is
required for stormwater management in the City Code similar to the details for setbacks,
parking requirements, or lot coverage specifications in the Zoning Code.
The current Chapter 208 deals with erosion control only. The proposed ordinance is based
off a MPCA model ordinance for both stormwater management and erosion control.
Stormwater management and I`iPDES has been a major issue over the last several years
and is becoming more so in the near future. That is why this ordinance is becoming so
much longer and why it is so necessary.
Jan uary 4, 2006
Page 2
The proposed Chapter 208 - Stormwater Management and Erosion Control includes the
former erosion control requirements plus adds specifications for what is required on
Stormwater Pollution Control Plans, control of the rate of excess runoff, treatment of runoff,
requirements for inspections during and after construction, and protections for natural
wetlands. In addition it provides for financial securities to ensure compliance with the plan,
procedures for variances, penalties, and the right-of-entry for City personnel to inspect and
perform corrective action if necessary.
As noted previously, several changes were made to the model ordinance to make it more
specific to a fully developed community such as Fridley. Additional changes were made as
a result of comments from the City Council at the public hearing. I`io other questions or
comments were received and, therefore, this ordinance is now being brought back to the
City Council in its revised form for First Reading.
Recommend the City Council approve the First Reading of an ordinance repealing Chapter
208 - Erosion Control and replacing it with a new Chapter 208 entitled Stormwater
Management and Erosion Control.
Jtiti:cz
Attachment
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 208 OF THE FRIDLEY CITY CODE
PERTAINING TO STORMWATER MANAGEMENT AND EROSION CONTROL
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
Section 1: That Section 208 of the Fridley City Code be hereby repealed as follows:
� . � � . � �ZV � . � . _ .
Y
r
�! � � _ . •.
r
.
r
. .
. .
..
�
� .
r
\ Y � \
�
• Y \ �
Y
�
• Y
� Y
1 ! 1 _ ► � .
Y
• \- �
� \ . �
�� �
� • � � . � � � � �
�� �. � .
1! 1. � ► ! � ► � . ► ! �� � ► ! . � ! . �� . ►
�
�
r
r
.
.
.
� � ���
n �+.,�,;1;,.,+;,,,, „�,ao,,,,,ao,a ., ,,,a �+,,,.1, r;lo�•
. ,
R o�+.,l.l;�l„�.o,,+ „�,.o.�.,..,,,o,,+. ,.o+.,+;,,,,•
• � �
�ivccc�6irv=si�uc€�i c-cci€�
ll +;,,,;,,...,,,.a �+.,1,;1;.,.,+;.,,, .,F�o.a;,,,o„++,-.,,�,�;,,..,,,
��
�' .,F�o.a;,,,o„+1,.,�;,,�•
. ,
�' �+.,l.;l;.,.,+;,,,� „�,.,,+.,,�,� A'11 �1,,,�0�•
x• �
!t �+.,,,,,. .,+o,,,,,,,,,,,,,o,,,o„+F,-...,,,+,-.,11;,,...,FF�;+oo
• N�
L7 �+.,l.;l;.,.,+;,,,� „�.r .,+o,-.r ., ,�,� ,,,,+lo+�•
. ,
T �+.,.�.�. � ,� 10+ ,�,-.,+o..+; .,,� •
. ° ° �
T . .,,-1�;,,.. ;,, .,+o,- 1,.,.a;o�•
. ,
TI ,,.ao,,,,,,,,,,,,,a „+;1;+� „�+,�,,..+;.,,,•
. ,
7 �+,-, ,.+;,, .,,��
• � �
A�T .a;�,�.,�;+;.,,, .,F.,11 +o,,,,�.,,-.,,-� ,,,
��
. ;
n �+,,..,,.. .,+o,-... „��,.,,.,i;+�,
� •
Y • ��
� �� �. � . � •
� �
1 � 1 • � � • � � . � �
Y
� \
Y
�
•
1 � 1 . \ _ � . � \ . � \
� ��
� �
r
.
•
� e
.
r
•
r
S
r
�
. � •
� .� _ ���r�!�.�eeetsr�arites��er�. _ �
• Y
I����l.f G�RT�fr�l!'-i�-SiG�l�E'1.l�S'df�fi!'.iT.S�fS'- .lrSfl.f�Efff�.T-�.��.'1�
� � Y
� ! �
�
\
� ��
�
� �� \ • �
Y
1 ! 1 �
� � � � � �
Y �
r
�. �. .. .
> > >
> > >
�,,,�,�;,,,. ��,.,�� ,,,,+;,, .,�;,�.,+o ., „+�,o,- �o,.+;,,,, r.,,++�,o,-o„�
� „ N� � •
�� �� �...
•�
Section 2: That Section 208 of the Fridley City Code be hereby renamed Stormwater
Management and Erosion Control and amended as follows:
208.01 PURPOSE AND INTENT
The purpose of this ordinance is to control or eliminate storm water pollution alon� with soil
erosion and sedimentation within the City of Fridley. It establishes standards and specifications
for conservation practices and plannin� activities, which minimize storm water pollution, soil
erosion and sedimentation.
208.02 SCOPE
Except where a variance is �ranted, an�person, firm, sole proprietorship, partnershi�
corporation, state a�ency, or political subdivision proposin� a land disturbance activity within
the City of Fridley shall a�ply to the city for the a�proval of the storm water pollution control
plan. No land shall be disturbed until the plan is a�proved by the city and conforms to the
standards set forth herein.
208.03 DEFINITIONS
These definitions a�lv to this ordinance. Unless specificallv defined below, the words or
phrases used in this ordinance shall have the same meanin� as they have in common usa�e.
When not inconsistent with the context, words used in the present tense include the future tense,
words in the plural number include the sin�ular number, and words in the sin�ular number
include the plural number. The words "shall" and "must" are always mandatory and not merely
directive.
1. A�plicant: An�person or �roup that a�plies for a buildin� permit, subdivision a�proval, or a
permit to allow land disturbin� activities. A�plicant also means that person's a�ents, emplo.��
and others actin� under this person's or �roup's direction. The term "a�plicant" also refers to the
permit holder or holders and the permit holder's a�ents, employees, and others actin� under this
person's or �roup's direction.
2. Best Mana�ement Practices (BMPs): Erosion and sediment control and water quality
mana e� ment practices that are the most effective and practicable means of controllin�,
preventin�, and minimizin� the de�radation of surface water, includin� construction-phasin�,
minimizin� the len�,th of time soil areas are exposed, prohibitions, and other mana e� ment
practices published by state or desi�nated area-wide plannin� a�encies.
3. Common Plan of Development or Sale: A conti�uous area where multiple separate and
distinct land disturbin� activities may be takin� place at different times, or on different
schedules, but under one proposed plan. This item is broadly defined to include desi�n, permit
application, advertisement or physical demarcation indicatin� that land disturbin� activities may
occur.
4. Developer: An�person, �roup, firm, corporation, sole proprietorship, partnership, state
a�ency, or political subdivision thereof en�a�ed in a land disturbance activit�
5. Development: Any land disturbance activity that chan�es the site's runoff characteristics in
conjunction with residential, commercial, industrial or institutional construction or alteration.
6. Dischar�e: The release, convevance, channelin�, runoff, or draina�e, of storm water,
includin� snowmelt, from a construction site.
7. Ener�y Dissipation: This refers to methods emplo. e�pipe outlets to prevent erosion.
Examples include, but are not limited to; aprons, riprap, splash pads, and �abions that are
desi�ned to prevent erosion.
8. Erosion: Anv process that wears awav the surface of the land bv the action of water
ice, or �ravity. Erosion can be accelerated by the activities of people and nature.
9. Erosion Control: Refers to methods emplo. e�prevent erosion. Examples include soil
stabilization practices, horizontal slope r� adin ,� temporarv or permanent cover, and
construction phasin�.
10. Erosion and Sediment Practice Specifications or Practice: The mana�ement procedures,
techniques, and methods to control soil erosion and sedimentation as officiall.��pted b.��
state, county, city or local watershed �roup, whichever is most strin�ent.
11. Exposed Soil Areas: All areas of the construction site where the ve�etation (trees, shrubs,
brush, �rasses, etc.) or impervious surface has been removed, thus renderin� the soil more prone
to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the
construction site. It does not include tempora .r s�piles or surchar�e areas of clean sand,
�ravel, concrete or bituminous. Once soil is exposed, it is considered "exposed soil," until it
meets the definition of "final stabilization."
12. Filter Strips: A ve�etated section of land desi�ned to treat runoff as overland sheet flow.
They may be desi�ned in any natural ve�etated form from a�rassy meadow to a small forest.
Their dense ve�etated cover facilitates pollutant removal and infiltration.
13. Final Stabilization: Means that all soil disturbin� activities at the site have been completed,
and that a uniform (evenly distributed, e.�., without lar�e bare areas�perennial ve�etative cover
with a density of sevent. -f�75�percent of the cover for unpaved areas and areas not covered
bv permanent structures has been established, or equivalent permanent stabilization measures
have been employed. Sim�ly sowin� ,�rass seed is not considered final stabilization.
14. Hydric Soils: Soils that are saturated, flooded, or ponded lon� enou�h durin� the �rowin�
season to develop anaerobic conditions in the u�er part.
15. Hvdrophvtic Ve�etation: Macrophvtic lar e� enou�h to be observed bv the naked eve�
plant life �rowin� in water, soil or on a substrate that is at least periodically deficient in oxygen
as a result of excessive water content.
16. Impervious Surface: A constructed hard surface that either prevents or retards the entry of
water into the soil, and causes water to run off the surface in �reater quantities and at an
increased rate of flow than e�sted prior to development. Examples include rooftops, sidewalks,
patios, drivewavs, parkin� lots, stora�e areas, and concrete, asphalt, or �ravel roads.
17. Land Disturbance Activitv: Anv land chan�e that mav result in soil erosion from water or
wind and the movement of sediments into or upon waters or lands within the City of Fridle�
includin� construction, clearin� &�rubbin�, �radin�, excavatin�, transportin� and fillin� of
land. Within the context of this rule, land disturbance activity does not mean:
A.) Minor land disturbance activities such as home �ardens and an individual's home
landscapin�, repairs, and maintenance work.
B.) Additions or modifications to existin� sin�le family structures that which result in
creatin� under five thousand (5,000) square feet of exposed soil or impervious surface.
C.) Construction, installation, and maintenance of fences, si�ns, posts, poles, and electric,
telephone, cable television, utilitv lines or individual service connections to these utilities,
which result in creatin� under five thousand (5,000) square feet of exposed soil or
impervious surface.
D.) Tillin�plantin�, or harvestin� of a�ricultural, horticultural, or forest crops.
E.) Emer�ency work to protect life, limb, or property and emer�enc�pairs, unless the
land disturbin� activity would have otherwise required an a�proved erosion and sediment
control plan, except for the emer�ency. If such a plan would have been required, then the
disturbed land area shall be shaped and stabilized in accordance with the City of Fridle�
requirements as soon as possible.
F.) Street and utility reconstruction projects that result in a net increase in impervious area
of less than 5%.
18. Native Ve�etation: The presettlement (Alreadv existin� in Minnesota at the time of
statehood in 1858 roup of plant species native to the local re�ion, that were not introduced as a
result of European settlement or subsequent human introduction.
19. Ordinary Hi�h Water Mark Minnesota Statute 103G.005, subdivision 14 defines.
"Ordinarv hi�h water level" as the boundarv of waterbasins, watercourses, public waters, and
public waters wetlands, and:
(1) the ordinary hi�h water level is an elevation delineatin� the hi�hest water level that has
been maintained for a sufficient period of time to leave evidence upon the landscape,
commonl.��point where the natural ve�etation chan�es from predominantl�quatic to
predominantly terrestrial;
(2) for watercourses, the ordinary hi�h water level is the elevation of the top of the bank of the
channel; and
�3) for reservoirs and flowa�es, the ordinarv hi�h water level is the operatin� elevation of the
normal summer pool.
The term "ordinary hi�h water mark" is further defined in Minnesota Rule 6120.2500, subpart
11. Ordinary hi�h water marks are determined by the Minnesota Department of Natural
Resources' area hvdrologist.
20. Paved Surface: A constructed hard, smooth surface made of asphalt, concrete or other
pavement material. Examples include, but are not limited to, roads, sidewalks, drivewa.�
parkin� lots.
21. Permanent Cover. Means "final stabilization." Examples include �rass, �ravel, asphalt,
and concrete. See also the definition of "final stabilization."
22. Permit: With in the context of this code a"permit" is a written warrant or license r� anted
for construction, subdivision a�proval, or to allow land disturbin� activities
23. Phased Project or Development: Clearin� a parcel of land in distinct phases, with at least
fift�percent (50%) of the project's precedin� phase meetin� the definition of "final stabilization"
and the remainder proceedin� toward completion, before be�innin� the next phase of clearin�.
24. Runoff Coefficient: The fraction of total precipitation that is not infiltrated into or
otherwise retained by the soil, concrete, asphalt or other surface upon which it falls, that will
appear at the convevance as runoff. This coefficient is usuallv estimated for an event or on an
avera�e annual basis.
25. Sediment: The product of an erosion process; solid material both mineral and or�anic, that
is in suspension, is bein� transported, or has been moved by water, wind, or ice, and has come
to rest on the earth's surface either above or below water level.
26. Sedimentation: The process or action of depositin� sediment.
27. Sediment Control: The methods emploved to prevent sediment from leavin� the
development site. Examples of sediment control practices are silt fences, sediment traps, earth
dikes, draina�e swales, check dams, subsurface drains, pipe slope drains, storm drain inlet
protection, and temporary or permanent sedimentation basins.
28. Si�nificant Redevelopment: Alterations of a property that chan�es the "footprint" of a site
or buildin� in such a way that results in the disturbance of over one (1) acre of land. This term
is not intended to include activities, which would not be expected to cause adverse storm water
qualit.�pacts and offer no new o�portunity for storm water controls, such as exterior
remodelin�.
29. Soil: The unconsolidated mineral and or�anic material on the immediate surface
of the earth. For the purposes of this document, tempora .r s�piles of clean sand, �ravel,
a��re�ate, concrete or bituminous materials are not considered "soil" stockpiles.
30. Stabilized: The exposed �round surface after it has been covered by sod, erosion control
blanket, riprap, pavement or other material that prevents erosion. Sim�ly sowin� �rass seed is
not considered stabilization.
31. Steep Slope: An.�pe steeper than fifteen (15�percent (Fifteen (15) feet of rise for every
one hundred (100) feet horizontal run�
32. Storm Water: Under Minnesota Rule 7077.0105. subbart 41b storm water. "means
precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and
draina�e." (Accordin� to the Code of Federal Re�ulations (CFR) under 40 CFR 122.26 �blf 131,
"Storm water means storm water runoff, snow melt runoff and surface and draina�e."). Storm
water does not include construction site dewaterin�.
33. Storm Water Pollution Control Plan: A joint storm water and erosion and sediment control
plan that is a document containin t� he requirements of Section 208.05, that when implemented
will decrease soil erosion on a parcel of land and off-site nonpoint pollution. It involves both
tempora .�r�permanent controls.
34. Stormwater Pond or Basin: A permanent man-made structure used for the temporarX
stora�e of runoff. Detention Pond is considered a permanent man-made structure containin� a
temborarv bool of water. A Retention Pond or a Wet Retention Facilitv is considered a
permanent man-made structure containin� a permanent pool of water.
35. Structure: Anythin� manufactured, constructed or erected which is normally attached to or
positioned on land, includin� portable structures, earthen structures, roads, parkin� lots, and
paved stora�e areas.
36. Subdivision: Anv tract of land divided into buildin� lots for private, public, commercial,
industrial, etc. development. Minnesota Rule 6120.2500, subpart 17 defines subdivision as,
".. land that is divided for the purpose of sale, rent, or lease, includin� planned unit
development."
37. Temporary Protection: Short-term methods emplo. e�prevent erosion. Examples of such
protection are straw, mulch, erosion control blankets, wood chips, and erosion nettin�.
38. Ve�etated or Grassy Swale: A ve�etated earthen channel that conveys storm water, while
treatin� the storm water bv biofiltration. Such swales remove pollutants bv both filtration and
infiltration.
39. Ve .�r�p Slope: An.��pe steeper than one foot of rise for each three feet of horizontal
run (Thirty-three (33�percent slope
40. Waters of the State: As defined in Minnesota Statutes section 115.01, subdivision 22 the
term ". ."'waters of the state' means all streams, lakes, ponds, marshes, watercourses,
waterways, wells, sprin�s, reservoirs, aquifers, irri�ation systems, draina�e systems and all
other bodies or accumulations of water, surface or under�round, natural or artificial, public or
private, which are contained within, flow throu�h, or border upon the state or an�portion
thereof."
41. Wetlands: As defined in Minnesota Rules 7050.0130, subpart F, ". .`wetlands' are those
areas that are inundated or saturated by surface water or �roundwater at a frequenc.��
duration sufficient to su�port, and that under normal circumstances do su�port, a prevalence of
ve�etation ty�icallv adapted for life in saturated soil conditions. Wetlands e� nerallv include
swamps, marshes, bo�s, and similar areas. Constructed wetlands desi�ned for wastewater
treatment are not waters of the state. Wetlands must have the followin� attributes:
A.) A predominance of hydric soils;
B.) Inundated or saturated by surface water or �roundwater at a frequency and duration
sufficient to su�port a prevalence of h.�phytic ve�etation typicall.��pted for life in a
saturated soil condition: and
C.) Under normal circumstances su�port a prevalence of such ve�etation."
208.04 TECHNICAL GUIDES
The followin� handbooks are adopted by reference:
1. "Protectin� Water Quality in Urban Areas", Minnesota Pollution Control A�ency
2. "Storm-Water and Wetlands: Plannin� and Evaluation Guidelines for Addressing
Potential Impacts of Urban Storm-Water and Snow-Melt Runoff on Wetlands",
Minnesota Pollution Control A�ency
3. "Minnesota Urban Small Sites BMP Manual", Metropolitan Council
www. metrocouncil . or�/environment/environment. htm
4. "Storm Water Mana�ement for Construction Activities: Developin� Pollution
Prevention Plans and Best Mana�ement Practices", United States Environmental
Protection A�encX
5. "Erosion Control Desi�n Manual", Minnesota Department of Transportation
6. "Field Office Technical Guide of the United States Department of A�riculture", Soil
Conservation Service
7. "Soil Survev of Anoka Countv", developed bv the United States Department of
A�riculture, Soil Conservation Service
8. Minnesota Construction Site Erosion and Sediment Control Plannin� Handbook
208.05 STORMWATER POLLUTION CONTROL PLAN
Ever��plicant for a buildin� permit, subdivision a�proval, or a permit to allow land disturbin�
activities must submit a storm water pollution control plan to the citv en�ineer. No building
permit, subdivision a�proval, or permit to allow land disturbin� activities shall be issued until
the citv a�roves this plan.
1. Storm Water Runoff Rates. Release rates from storm water treatment basins shall not
increase over the predevelopment twent. -f�24) hour two (2) year, ten (l0�year and one
hundred (100�year peak storm dischar�e rates, based on the last ten (l0�years of how that land
was used. Accelerated channel erosion must not occur as a result of the proposed activity. For
dischar�es to wetlands volume control is more important than dischar�e rate control.
2. The Storm Water Pollution Control Plan and the Gradin� Plan. The storm water pollution
control plan's measures, the limit of disturbed surface shall be marked on the a�proved �radin�
plan, and identified with fla�s, stakes, si�ns etc. on the development site before work be�ins.
3. Inspections of the Storm Water Pollution Control Plan's Measures. At a minimum, such
inspections shall be done weekl�y the developer or the developer's desi�nated representative,
and within twentv-four 24) hours after everv storm or snow melt event lar e� enou�h to result in
runoff from the site (a�proximately 0.25 inches or more in twent. -f�24) hours). At a
minimum, these inspections shall be done durin� active construction.
4. Minimum Requirements of the Storm Water Pollution Control Plan. The plan shall contain
or consider:
A.) The name and address of the a�plicant and the location of the activit�
B.) Project description: the nature and purpose of the land disturbin� activity and the
amount of �radin�, utilities, and buildin� construction involved.
C.) Phasin� of construction: time frames and schedules for the project's various aspects.
D.) A map of the existin� site conditions: existin� topo�raph�property information, stee�
and ve .r�p slopes, existin� draina�e s. st�patterns, type of soils, waterwa�
wetlands, ve�etative cover, and one hundred (100�year flood plain boundaries.
E.) A site construction plan that includes the location of the proposed land disturbin�
activities, stockpile locations, erosion and sediment control plan, construction schedule, and
the plan for the maintenance and inspections of the storm water pollution control measures.
F.) Adjacent areas: nei�hborin� streams, lakes, residential areas, roads, etc., which mi�ht
be affected by the land disturbin� activit�
G.) Desi�nate the site's areas that have the potential for serious erosion problems.
H.) Erosion and sediment control measures: the methods that will be used to control erosion
and sedimentation on the site, both durin� and after the construction process.
I.l Permanent stabilization: how the site will be stabilized after construction is
includin� specifications, time frames or schedules.
J.) Calculations: any that were made for the desi�n of such items as sediment basins, wet
detention basins, diversions, waterways, infiltration zones and other a�plicable practices.
5. General Storm Water Pollution Control Plan Criteria. The plan shall address the followin�:
A.l Stabilizin� all exbosed soils and soil stockbiles and the related time frame or schedule.
B.) Establishin� permanent ve�etation and the related time frame or schedule.
C.) Preventin� sediment dama�e to adjacent properties and other desi�nated areas such as
streams, wetlands, lakes and unique ve�etation (Oak �roves, rare and endan�ered species
habitats, etc.)
D.l Schedulin� for erosion and sediment control bractices.
E.) Where permanent and temporary sedimentation basins will be located.
F.) En�ineerin� the construction and stabilization of steep and ve .r�p slopes.
G.) Measures for controllin� the qualit.�quantity of storm water leavin� a site.
H.) Stabilizin� all waterways and outlets.
I.) Protectin� storm sewers from the entrance of sediment.
J.) What precautions will be taken to contain sediment, when workin� in or crossin� water
bodies.
K.) Restabilizin� utility construction areas as soon as possible.
L.) Protectin� paved roads from sediment and mud brou�ht in from access routes.
M.) The eventual disposin� of temporary erosion and sediment control measures.
N.) How the tempora .r�permanent erosion and sediment controls will be maintained.
O.) The disposal of collected sediment and floatin� debris.
6. Minimum Storm Water Pollution Control Measures and Related Inspections. These
minimum control measures are required where bare soil is exposed. Due to the diversity of
individual construction sites, each site will be individually evaluated. Where additional control
measures are needed, they will be specified at the discretion of the city en�ineer. The cit.�
determine what action is necess
A.) All r� adin�plans and buildin� site survevs must be reviewed bv the citv for the
effectiveness of erosion control measures in the context of site topo�raphy and draina�e.
B.l Sediment control measures must be broberlv installed bv the builder before construction
activity be�ins. Such structures ma.�justed durin� dry weather to accommodate short
term activities, such as those allowin� the passa�e of very lar�e vehicles. As soon as this
activity is finished or before the next runoff event, the erosion and sediment control
structures must be returned to the confi�,uration specified by the city. A sediment control
inspection must then be scheduled, and passed before a footin� inspection will be done.
C.) Diversion of channeled runoff around disturbed areas, if practical, or the protection
of the channel.
D.) Easements. If a storm water mana e� ment plan involves directin� some or all of the
site's runoff, the a�plicant or his desi�nated representative shall obtain from adjacent
property owners any necessary easements or other property interests concernin� the flowin�
of such water.
E.) The schedulin� of the site's activities to lessen their impact on erosion and sediment
creation, so as to minimize the amount of exposed soil.
F.) Control runoff as follows (Either 1 and 2 or 1 and 3�
1.) Unless precluded by moderate or heavy snow cover (Mulchin� can still occur if a
li�ht snow cover is present.), stabilize all exposed inactive disturbed soil areas within
two hundred (200) feet of anv water of the state, or within two hundred (200) feet of anX
conve. a�curb, �utter, storm sewer inlet, draina�e ditch, etc.) with sod, seed or weed-
free mulch. This must be done, if the a�licant will not work the area for seven (7) davs
on slopes �reater than three (3) feet horizontal to one (1) foot vertical (3:1), fourteen
(14) davs on slopes rangin� from 3:1 to 10:1 and twentv-one 21) davs for slopes flatter
than 10:1.
2.) For disturbed areas �reater than five (5) acres construct temporary or permanent
sedimentation basins. Sedimentation basins must have a minimum surface area equal
of at least 1% of the area drainin� to basin_ and be constructed in accordance with
accepted desi�n specifications includin� access for operations and maintenance. Basin
dischar�e rates must also be controlled to prevent erosion in the dischar�e channel.
3.) For disturbed areas less than five (5) acres sedimentation basins are encoura e� d, but
not required, unless required by the city en�ineer. The a�plicant shall install erosion and
sediment controls at locations directed by the city. Minimum requirements include silt
fences, rock check dams, or other equivalent control measures alon� slopes. Silt fences
are required alon� channel ed�es to reduce the amount of sediment reachin� the channel.
Silt fences, rock check dams, etc. must be re u� larlv inspected and maintained. The
applicant is also required to obtain a National Pollutant Dischar�e Elimination
Svstem/State Disposal S. st�NPDES/SDS) construction storm water permit from the
Minnesota Pollution Control A�ency for an�project that disturbs one (1) acre or more of
land. This one acre value also a�plies to a common plan of development or sale.
G.) Sediment basins related to impervious surface area. Where a proj ect's ultimate
development replaces surface ve�etation with one (1) or more acres of cumulative
impervious surface, and all runoff has not been accounted for in a local unit of
�overnment's existin� storm water mana e� ment plan or practice, the runoff must be
dischar�ed to a wet sedimentation basin prior to enterin� waters of the state.
At a minimum the work shall conform with the current version of the Minnesota
Pollution Control A�enc.�publication, "Protectin� Water Quality in Urban Areas," and
the current requirements found in the same a�ency's NPDES/SDS permits for storm
water associated with construction activities.
H.) Generally, sufficient silt fence shall be required to hold all sheet flow runoff �enerated
at an individual site, until it can either infiltrate or seep throu�h silt fence's pores.
I.) Tempora .r s�pilin� of fift�50) or more cubic yards of excess soil on any lot or other
vacant area shall not be allowed without issuance of a�radin� permit for the earth movin�
activit.��question.
J.) For soil stockpiles �reater than ten (10) cubic yards the toe of the pile must be more
than twent. -f�25) feet from a road, draina�e channel or storm water inlet. If such
stockpiles will be left for more than seven (7) davs, thev must be stabilized with mulch,
ve�etation, tarps or other means. If left for less than seven (7) days, erosion from stockpiles
must be controlled with silt fences or rock check dams.
If for anv reason a soil or non-soil stockbile of anv size is located closer than
five (25)feet from a road, draina�e channel or storm water inlet, and will be left for more
than seven (7) days, it must be covered with tarps or controlled in some other manner.
2.) All non-soil (clean sand, �ravel, concrete or bituminous) must at a minimum have a
silt fencin� or other effective sediment control measures installed.
K.) All sand, �ravel or other minin� operations takin� place on the development site shall
a�ply for a Minnesota Pollution Control A�ency National Pollutant Dischar�e Elimination
Svstem General Storm Water bermit for industrial activities and all reauired Minnesota
Department of Natural Resources permits.
L.) Temporary rock construction entrances, or equally effective means of preventin�
vehicles from trackin� sediment from the site, ma. b�quired wherever vehicles enter and
exit a site.
1.) Vehicle trackin� of sediment from the site must be minimized bv BMPs such as stone
pads, concrete or steel wash racks, or equivalent systems. Street sweepin� must be used
if such BMPs are not adequate.
M.) Parkin� is prohibited on all bare lots and all temporary construction entrances, exce�t
where street parkin� is not available. Gravel entrances are to be used for deliveries onlv as
per the development contract.
N.) Streets must be cleaned and swept whenever trackin� of sediments occurs. Sediment
shall not be allowed to remain on the streets if the site is to be left idle for weekends or
holidays. A re�ular sweepin� schedule should be established.
O.) Water (impacted by the construction activity) removed from the site b�pumpin� must
be treated bv temporarv sedimentation basins, �eotextile filters, �rit chambers, sand filters,
up-flow chambers, h. d�yclones, swirl concentrators or other a�propriate controls. Such
water shall not be dischar�ed in a manner that causes erosion or floodin� of the site,
receivin� channels, adjacent property or a wetland.
P.) All storm drain inlets must be protected durin� construction until control measures
are in place with either silt fence or an equivalent barrier that meets accepted desi�n
criteria, standards and specifications as contained in the latest version of the Minnesota
Pollution Control A�enc.�publication, "Protectin� Water Quality in Urban Areas."
Q.) Roof drain leaders. All newly constructed and reconstructed buildin�s shall route roof
drain leaders to bervious areas (not natural wetlandsl where the runoff can infiltrate
whenever practical. The dischar�e rate shall be controlled so that no erosion occurs in the
pervious areas.
R.) Removal from the project's site of more than one (1) acre of topsoil shall not be done,
unless written permission is �iven by the city en�ineer. Excessive removal of topsoil from
the broiect's site can cause si�nificant current and future soil erosion broblems.
S.) Inspection and maintenance. All storm water pollution control mana�ement facilities
must be desi�ned to minimize the need of maintenance, to provide easy vehicle (t p� ically
ei�ht (8) feet or wider) and personnel access for maintenance purposes and be structurally
sound. These facilities must have Storm Water Maintenance A�reement that ensures
continued effective removal of the pollutants carried in storm water runoff. The owner
shall inspect all storm water mana�ement facilities durin� construction, twice durin� the
first vear of operation and at least once ever�vear thereafter. The citv will keep all
inspection records on file for a period of six (6) years.
1.) Inspection and maintenance easements. It shall be the responsibility of the a�plicant
to obtain any necessary easements or other property interests to allow access to the storm
water mana�ement facilities for inspection and maintenance purpose.
T.) Follow-up inspections must be performed by the owner on a re�ular basis to ensure that
erosion and sediment control measures are properly installed and maintained. In all cases
the inspectors will attempt to work with the a�plicant and/or builder to maintain proper
erosion and sediment control at all sites.
1.) In cases where cooperation is withheld, construction stop orders may be issued b.��
citv, until all erosion and sediment control measures meet specifications. A second
erosion and sediment control/�radin� inspection must then be scheduled and passed
before the final inspection will be done.
U.) All infiltration areas must be inspected to ensure that sediment from on�oin�
construction activities is not reachin� infiltration areas, and that these areas are also being
protected from soil compaction from the movement of construction equipment.
7. Permanent Storm Water Pollution Controls.
A.) The a�plicant shall install and construct all permanent storm water mana�ement
facilities necessary to mana�e increased runoff, so that the dischar�e rates from storm
water treatment basins, such that the predevelopment twentv-four 24) hour two (2) vear,
ten (l0�year, and one hundred (100�year peak storm dischar�e rates are not increased.
These predevelopment rates shall be based on the last ten (l0�vears of how that land was
used. Accelerated channel erosion must not occur as a result of the brobosed land
disturbin� or development activit�
1.) All calculations and information used in determinin� these peak storm dischar�e rates
shall be submitted alon� with the storm water pollution control plan.
B.) The a�plicant shall consider reducin� the need for permanent storm water mana�ement
facilities b. i�rporatin� the use of natural topo�raphy and land cover such as natural
swales and depressions as thev exist before development to the de�ree that thev can
accommodate the additional flow of treated (e.�., settled) water without compromisin� the
integritv or qualitv of the wetland or pond.
C.) The followin� permanent storm water mana�ement practices must be investi�ated in
developin� the storm water mana�ement part of the storm water pollution control plan in
the followin� descendin� order of preference:
1.) Protect and preserve as much natural or ve�etated area on the site as possible,
minimizin� impervious surfaces. Direct runoff to ve�etated areas rather than to
adj oinin� streets, storm sewers and ditches.
2.) Flow attenuation of treated storm water by the use of open ve�etated swales and
natural depressions.
3.) Storm water pondin� facilities (includin� percolation facilities); and
4.) A combination of successive practices may be used to achieve the a�plicable
minimum control requirements specified in subsection (C) above. The a�licant shall
brovide iustification for the method selected.
D.) Redevelopment of existin� parcels must provide treatment of stormwater from
imbervious surfaces even if the amount of imbervious remains the same or is reduced.
Treatment may be accomplished throu�h the use of pondin� areas, infiltration areas, or
structural stormwater treatment devices.
The a�licant shall submit documentation showin� the chosen method will remove in
excess of 80% of suspended solids and other pollutants from a 1.5 inch 24 hour storm
event.
E.) The a�licant shall be required to si�n and file a Stormwater Maintenance A�reement
that ensures continued effective removal of the pollutants carried in storm water runoff.
The A�reement also ensures continued maintenance, cleanin� and upkeep of the facilit�
8. Minimum Desi�n Standards for Storm Water Wet Detention Facilities. At a minimum these
facilities must conform to the most current technolo�y as reflected in the current version of the
Minnesota Pollution Control A�enc.�publication, "Protectin� Water Quality in Urban Areas"
and the current requirements found in the same a�encv's NPDES permits for storm water
associated with construction activities.
9. Minimum Protection for Natural Wetlands.
A.) Runoff must not be dischar�ed directly into wetlands without a�propriate qualit�e.i.,
treated) and quantity runoff control, dependin� on the individual wetland's ve�etation
sensitivity. See the current version of the Minnesota Pollution Control A�enc�
publication, "Storm-Water and Wetlands: Plannin� and Evaluation Guidelines for
Addressin� Potential Impacts of Urban Storm-Water and Snow-Melt Runoff on Wetlands"
for �uidance.
B.) Wetlands must not be drained or filled, wholly or partially, unless replaced b. e�
restorin� or creatin� wetland areas of at least equal public value. Compensation, includin�
the replacement ratio and qualit.�placement should be consistent with the requirements
outlined in the Board of Water and Soil Resources rules that implement the Minnesota
Wetland Conservation Act of 1991 includin� anv and all amendments to it.
C.) Work in and around wetlands must be �uided by the followin� principles in descendin�
order of priorit�
1.) Avoid both the direct and indirect impact of the activity that may destroy or diminish
the wetland.
2.) Minimize the impact by limitin� the de�ree or ma�nitude of the wetland related
activity.
3.) Rectifv the impact bv repairin�, rehabilitatin�, or restorin� the affected wetland
environment with one of at least eaual bublic value.
4.) Reduce or eliminate the adverse impact over time b�preservation and maintenance
operations durin� the life of the activit�
10. Models/Methodolo�ies/Computations. Hydrolo�ic models and desi�n methodolo�ies used
for the determinin� runoff characteristics and analyzin� storm water mana�ement structures
must be a�proved by the city en�ineer. Plans, specifications and computations for storm water
mana�ement facilities submitted for review must be sealed and si�ned by a re�istered
professional en�ineer. All computations must a�pear in the plans submitted for review, unless
otherwise a�roved bv the citv en i� neer.
208.06 REVIEW
The city en�ineer shall review the storm water pollution control plan.
1 Permit Required. If the citv determines that the storm water pollution control plan meets the
requirements of this ordinance, the city shall issue a permit valid for a specified period of time,
that authorizes the land disturbance activity contin�ent on the
of the storm water pollution control plan.
2 Permit Denial. If the citv determines that the storm water z
=plementation and completion
ution control blan does not
meet the requirements of this ordinance, the city shall not issue a permit for the land disturbance
activity.
A.) All land use and buildin� permits for the site in question must be suspended until the
a�licant has an a�roved storm water pollution control plan.
3 Permit Suspension and Revocation If the storm water pollution control plan is not bein�
implemented the city can suspend or revoke the permit authorizin� the land disturbance activit�
208.07 MODIFICATION OF PLAN
An a�roved storm water pollution control plan mav be modified on submission of a written
application for modification to the city, and after written a�proval by the city en�ineer. In
reviewin� such an a�lication, the citv en�ineer mav require additional reports and data.
1 Records Retention. The citv shall retain the written records of such modifications for at
least three ( 3 ) years.
208.08 FINANCIAL SECURITIES
The a�plicant shall provide a financial security for the performance of the work, in conjuction
with a buildin� permit or land alteration permit, described and delineated on the a�proved
gradin� plan involvin� the storm water pollution control plan and any storm water and pollution
control plan related remedial work in, at a rate of three thousand dollars ($3,OOO�per acre for
the maximum acrea�e of soil that will be simultaneously exposed to erosion durin� the project's
construction. (See the definitions of "exposed soil area" and "final stabilization" for
clarification.) This security must be available prior to commencin� the project. The form of the
securitv must be:
1. Bv cash securitv deposited to the citv for thirt�percent 30%) of the total financial
security when less than five (5) acres of soil will be simultaneously exposed. When over
five 5) acres of soil will be simultaneouslv exposed to erosion, then the cash securitX
increases to the first five thousand dollars ($5,000) or ten percent (10%) of the total
financial security, whichever is �reater.
2. The remainder of the financial security shall be placed either with the cit�
responsible escrow a�ent, or trust company, at the option of the city, money, an
irrevocable letter of credit, ne�otiable bonds of the kind a�proved for securin� deposits
of public monev or other instruments of credit from one or more financial institutions,
subj ect to re�ulation by the state and federal �overnment wherein said financial
institution pled�es that the funds are on deposit and �uaranteed for pavment. This
security shall save the city free and harmless from all suits or claims for dama�es
resultin� from the negli�ent r� adin�, removal, placement or stora�e of rock, sand,
gravel, soil or other like material within the city. The type of security must be of a type
acceptable to the cit�
3. The city may request a�reater financial security, if the city considers that the
development site is especiall�prone to erosion, or the resource to be protected is
especially valuable.
4. If more soil is simultaneously exposed to erosion than ori�inall�planned, the amount
of the securitv shall increase in relation to this additional exbosure.
1. MAINTAINING THE FINANCIAL SECURITY
If at anytime durin� the course of the work this amount falls below 50% of the required deposit,
the a�plicant shall make another deposit in the amount necessary to restore the deposit to the
required amount within five (5) days. Otherwise the city ma�
A.l Withhold the schedulin� of insbections and/or the issuance of a Certificate of
Occupanc�
B.) Revoke an�permit issued bv the citv to the a�licant for the site in question and anX
other of the a�plicant's sites within the ci .�'s jurisdiction.
2. PROPORTIONAL REDUCTION OF THE FINANCIAL SECURITY
When more than one-third of the a�plicant's maximum exposed soil area achieves final
stabilization, the city can reduce the total required amount of the financial securit�y one-third,
if recommended in writin� by the city en�ineer. When more than two-thirds of the a�plicant's
maximum exposed soil area achieves final stabilization, the city can reduce the total required
amount of the financial securitv bv two-thirds of the initial amount. if recommended in writin�
bv the city en�ineer.
3. ACTION AGAINST THE FINANCIAL SECURITY
The citv mav act a�ainst the financial securitv, if anv of the conditions listed below exist. The
city shall use funds from this security to finance any corrective or remedial work undertaken by
the citv or a contractor under contract to the citv and to reimburse the citv for all direct cost
incurred in the process of remedial work includin�, but not limited to, staff time and attorne�
fees.
A.l The abblicant ceases land disturbin� activities and/or fillin� and abandons the work
site prior to completion of the cit��proved �radin� plan.
B.) The a�plicant fails to conform to any cit��proved �radin� plan and/or the storm water
pollution control plan as a�proved by the city, or related su�plementary instructions.
C.) The techniques utilized under the storm water pollution control plan fail within one
�1) vear of installation.
D.) The a�plicant fails to reimburse the city for corrective action taken under 208.09.
E.) Emer�ency action under either 208.08.4 (below) or an�part of 208.09.
4. EMERGENCY ACTION
If circumstances exist such that noncompliance with this ordinance poses an immediate dan�er
to the public health, safety and welfare, as determined by the city en�ineer, the city ma.�
emer�enc�preventative action. The city shall also take every reasonable action possible to
contact and direct the a�plicant to take any necessary action. Any cost to the city may be
recovered from the abblicant's financial securitv.
5. RETURNING THE FINANCIAL SECURITY
Anv unspent amount of the financial securitv deposited with the citv for faithful performance of
the storm water pollution control plan and any storm water and pollution control plan related
remedial work must be released not more than one (11 full vear after the combletion of the
installation of all such measures and the establishment of final stabilization.
208.09 NOTIFICATION OF FAILURE OF THE STORM WATER POLLUTION
CONTROL PLAN
The city shall notif t��plicant, when the city is �oin� to act on the financial securities part
of this ordinance.
1. NOTIFICATION BY THE CITY
The initial contact will be to the party or parties listed on the a�plication and/or the storm water
pollution control plan as contacts. Except durin� an emer�ency action under 208.08.4, fortv-
ei�ht (48) hours after notification by the city or sevent. -�72) hours after the failure of
erosion control measures, whichever is less, the citv at its discretion, mav be�in corrective
work Such notification should be in writin�, but if it is verbal, a written notification should
follow as quickly as practical. If after makin� a�ood faith effort to notify the responsible party
or parties, the city has been unable to establish contact, the city ma�proceed with the corrective
work.
A.) There are conditions when time is of the essence in controllin� erosion. Durin� such a
condition the citv mav take immediate action, and then notifv the a�licant as soon as
possible.
2. EROSION OFF-SITE
If erosion breaches the perimeter of the site, the a�plicant shall immediately develop a cleanu�
and restoration plan, obtain the ri�ht-of-entry from the adjoinin� property owner, and
implement the cleanup and restoration plan within forty-ei�ht (48) hours of obtainin� the
adjoinin� property owner's permission. In no case, unless written a�proval is received from the
city, shall more than seven (7) calendar da.��o by without corrective action bein� taken. If in
the discretion of the cit. ,��plicant does not repair the dama�e caused by the erosion, the
citv mav do the remedial work required and char�e the cost to the a�licant.
3. EROSION 1NT0 STREETS, WETLANDS OR WATER BODIES
If eroded soils (includin� tracked soils from construction activities) enter or a�pear likel�
enter streets, wetlands, or other water bodies, prevention strate�ies, cleanup and repair must be
immediate. The a�licant shall provide all traffic control and fla,�in� required to protect the
travelin� public durin� the cleanup operations.
4. FAILURE TO DO CORRECTIVE WORK
When an a�plicant fails to conform to an�provision of 208.08 or 208.09 within the time
stipulated, the city may take the followin� actions:
A.) Withhold the schedulin� of inspections and/or the issuance of a Certificate of
Occupanc�
B.) Suspend or revoke an�permit issued by the city to the a�plicant for the site in question
or any other of the a�plicant's sites within the cit.�jurisdiction.
C.) Direct the correction of the deficienc�y city forces or b.�parate contract. The
issuance of a permit for land disturbance activity constitutes a ri�ht-of-entry for the city or
its contractor to enter upon the construction site for the purpose of correctin� erosion
control deficiencies.
D.l All costs incurred bv the citv in correctin� storm water bollution control deficiencies
must be reimbursed bv the a�licant. If pavment is not made within thirtv (30) davs after
costs are incurred by the cit�pavment will be made from the a�plicant's financial
securities as described in 208.08.
E.) If there is an insufficient financial amount in the applicant's financial securities as
described in 208.08, to cover the costs incurred bv the city, then the city mav assess the
remainin� amount a�ainst the property. As a condition of the permit for land disturbance
activities, the owner shall waive notice of any assessment hearin� to be conducted bv the
citv, concur that the benefit to the propertv exceeds the amount of the proposed
assessment, and waive all ri�hts bv virtue of Minnesota Statute 429.081 to challen�e the
amount or validitv of the assessment.
208.10 VARIANCE
In anv case where, upon a�lication of the responsible person or persons, the citv finds that bX
reason of exceptional circumstances, strict conformity with this ordinance would be
unreasonable, impractical, or not feasible under the circumstances; the city in its discretion may
grant a variance therefrom upon such conditions as it ma�prescribe for prevention, control, or
abatement of pollution in harmony with the �eneral purposes of this ordinance. The public shall
be a�iven the o�portunity for comment.
1. Variance Request. The variance request must be in writin� in a form acceptable to the cit�
2. Variance Public Notice. The variance request shall be public noticed in the normal manner
used for city council meetin� items, to allow the public an o�portunity for comment.
3. Variance Determination. After the bublic has been �iven the ri�ht to comment_ the variance
shall either be a�proved or disa�proved by a vote of the city council.
4. Variance Response. The variance response must be in writin�, and include the justification
for either �rantin� or denyin� the requested variance. A favorable response shall also include
an�pecial conditions imposed by the cit�
5. Time Limit. If the variance is not acted upon within one (1) year of bein� ,�ranted, the
variance shall become void.
6. Revocation. If any of the variance's conditions are violated, the ci . may revoke the
variance.
208.11 ENFORCEMENT
The city shall be responsible enforcin� this ordinance.
1. Penalties. An�person, firm, or corporation failin� to com�ly with or violatin� any of these
re�ulations, shall be deemed �uilty of a misdemeanor and be subject to a fine or imprisonment
or both as defined in Chapter 901. All land use and buildin� permits shall be suspended until the
applicant has corrected the violation. Each day that a separate violation exists shall constitute a
separate offense.
208.012 RIGHT OF ENTRY AND INSPECTION
1. Powers. The a�plicant shall promptly allow the city and their authorized representatives,
upon presentation of credentials to:
A.) Enter upon the permitted site for the purpose of obtainin� information, examination of
records, conductin� investi�ations, inspections or surve�
B.) Brin� such equipment upon the permitted site as is necessary to conduct such surve�
and investi�ations.
C.) Examine and co�v anv books, papers, records, or memoranda pertainin� to activities
or records required to be kept under the terms and conditions of this permitted site.
D.) Inspect the storm water pollution control measures.
E.) Sample and monitor any items or activities pertainin� to storm water pollution control
measures.
F.) An.�porary or permanent obstruction to the safe and easy access of such an
inspection shall be promptly removed upon the inspector's request. The cost of providin�
such access shall be born b. t��plicant.
208.13 ABROGATION AND GREATER RESTRICTIONS
It is not intended to repeal, abro�ate, or impair any existin� easements, covenants, or deed
restrictions. However, where this ordinance imposes �reater restrictions, the provisions of this
ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby
repealed to the extent of the inconsistenc.���
208.14 SEVERABILITY
The provisions of this ordinance are severable, and if an�provisions of this ordinance, or
application of an�provision of this ordinance to any circumstance, is held invalid, the
application of such provision to other circumstances, and the remainder of this ordinance must
not be affected therebv.
208.15 EFFECTIVE DATE
This ordinance will take effect and be in force after its passa�e and official publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 200 .
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: December 12, 2005
First Reading:
Second Reading:
Publication:
�
� AGENDA ITEM
��F CITY COUNCIL MEETING OF JANUARY 9, 2006
FRIDLEI'
INFORMAL STATUS REPORTS