03/28/2011 - 6178FRIDLEY CITY COUN_CIL MEETING OF MARCH 28, 2011 .
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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.
(TTD/572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF PR�POSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of March 4, 2011
OL� BUSINESS:
1. Second Reading of an Ordinance Amending
Chapter 205.23, Related to Purpose, District
Boundaries, Permitted Uses, Accessory Uses,
Existing Uses, Excluded Uses, Lot Width,
Lot Coverage, Setbacks, and Refuse for
Properties within the S-1, Hyde Park Neighborhood
Zoning District (Text Amendment, TA #11-04, by
the City of Fridley)
and
. C� I�C� � a �
Adopt Official Title and Summary
Ordinance ....................................... 1 - 7
n
NEW BUSINESS:
2. Resolution Entering into a Joint Powers Agreement
with the State of Minnesota and the City of
Fridley to Allow Access to Criminal Data
Systems ....................... :........ 8 - 16
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3. Resolution Approving and Authorizing
Signing an Agreement with Sergeants of the
City of Fridley Police Department for the
Years 2010 and 2011 ............... ...... 17 - 44
� I - 1 °I
R,�-5 a �
4. Approve 2011 Reappointments to City
Commissions ..................................... 45 - 46
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
5. Claims ............................................... 47 - 57
6. Licenses ............................................ 58 - 59
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items
not on Agenda — 15 minutes.
NEW BUSINESS:
7. Resolution in Support of the Anoka County
Joint Law Enforcement Council's Public
Safety Data System .......................... 60 - 63
�. 2� �� ' a �
. 5
8. Resolution Supporting the Changes and
Improvements to Locke Park being Proposed
by the Anoka County Parks and Recreation
Department ... .......... ........... . 64 - 69
.... ... ..... . .
�S o�C��t..�l
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9. First Read' of an Ordinance Amending
'"C'fiapter 508 of the Fridley City Code
Allowing for the Temporary Sale of Strong
Beer and Wine at Commons Park and
Community Park during Community
Festivals ............................................ 70 - 76
FRIDLEY CITY COUNCIL MEETING OF MARCH 28 ZO11 PAGE 2
,
NEW BUSINESS (CONTINUED):
,� � �
10. First Reading of an Ordinance Amending the
Fridiey City Code, Chapter 506, Vehicle
Parking Near Maiiboxes ......... .......... 77 - 79
11. Receive Bids and Award Contract for the
2011 Street Rehabilitation Project No.
ST2011-01 ........... . ................. . ... ...... .. 80 — 85
12. Informal Status Reports ...................... 86
ADJOURN.
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FRIDLEY CITY COUNCIL MEETING
OF MARCH 28, 2011
'7�� p.m. - City Council Chambers
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CITY COU NCI L M EETI NG OF MARCH 28 2011
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F�I�LE�
The City of Fridley will not discriminate against or haxass 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 Wlt�l C�.1Sab111t1eS 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. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of March 4, 2011
D.LD BUSINESS:
1. Second Reading of an Ordinance Amending
Chapter 205.23, Related to Purpose, District
Boundaries, Permitted Uses, Accessory Uses,
Existing Uses, Excluded Uses, Lot Width,
Lot Coverage, Setbacks, and Refuse for
Properties within the S-1, Hyde Park Neighborhood
Zoning District (Text Amendment, TA #11-04, by
the City of Fridley)
and
Adopt Official Title and Summary Ordinance ................................................... 1- 7
NEW BUSINESS:
2. Resolution Entering into a Joint Powers Agreement
with the State of Minnesota and the City of Fridley to
Allow Access to Criminal Data Systems ........................................................... 8- 16
FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Resolution Approving and Authorizing
Signing an Agreement with Sergeants of the
City of Fridley Police Department for the
Years 2010 and 2011 ......................................................................................... 17 - 44
4. Approve 2011 Reappointments to City
Commissions...................................................................................................... 45 - 46
5. Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . ...... . . . . . . . ...... . . . . . . .. . ..... . . . ........ . . ..... ... .... 47 - 57
6. Licenses ............................................................................................................. 58 - 59
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes.
NEW BUSINESS:
7. Resolution in Support of the Anoka County
Joint Law Enforcement Council's Public
SafetyData System ........................................................................................... 60 - 63
FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 3
NEW BUSINESS (CONTINUED):
8. Resolution Supporting the Changes and
Improvements to Locke Park being Proposed
by the Anoka County Parks and Recreation
Department........................................................................................................ 64 - 69
9. First Reading of an Ordinance Amending
Chapter 508 of the Fridley City Code
Allowing for the Temporary Sale of Strong
Beer and Wine at Commons Park and
Community Park during Community
Festivals............................................................................................................. 70 - 76
10. First Reading of an Ordinance Amending the
Fridley City Code, Chapter 506, Vehicle
Parking Near Mailboxes ..................................................................................... 77 - 79
11. Receive Bids and Award Contract for the
2011 Street Rehabilitation Project No.
ST2011-01 ......................................................................................................... 80 - 85
12. I nformal Status Reports . . . . . . . . . . . . . . . . . . ... . . . . . . .. . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 86
ADJOURN.
CITY COUNCIL MEETING
CITY UF FRIDLEY
MARCH 14, 2011
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:29 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
MEMBERS ABSENT: Councilmember-at-Large Barnette
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Jack Kirk, Parks and Recreation Director
Don Abbott, Public Safety Director
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
James Kosluchar, Public Works Director
Darin Nelson, Finance Director
PRESENTATION:
Staff Update on Preparation for Spring Flooding
James Kosluchar, Public Works Director, stated the National Weather Service issues forecasts
every two weeks, which the City has been monitoring. The current forecast has no flood warning
statements advisories. They are predicting a 95 percent chance that the Mississippi River will
reach an action level which is a 14.0 elevation at the south end of Fridley. That is the gauge the
City typically monitors. They are predicting better than a SO percent chance of exceeding the
17.1 elevation reported in 1997 which was the fifth highest score on record. More ominously,
they are predicting an 18 percent chance the Mississippi River will exceed a 20 elevation which
would be the crest of the 1965 flood, the highest score in Fridley. Many variables can change
this forecast: the temperature, melt rate, snowfall, and rainfall.
Mr. Kosluchar stated the chance of flooding starts basically on March 28 and goes up to May 2.
The highest probability is about mid-April. The National VVeather Service forecasts indicate the
probable timing is mid-April.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 _PAGE 2
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Mr. Kosluchar stated since 1997, the City has had a flood control gate installed at Springbrook
Creek in Riverview Heights. Equipment to operate this system is mobilized when the action
levels are reached. The system that was installed was designed to handle an event similar to
1997. The City also operates weirs an smaller systems. Staff is currently performing
preventative maintenance on all the equipment that is necessary to operate at those locations in a
flooding event as well as any additional equipment the City needs for responses to sanitary sewer
emergencies, etc. The City has contacted vendors for supplies and equipment that it would need
and would need to be mobilized in the event of flooding. It is also holding weekly planning
sessions with departments. This week they met with Anoka County Emergency Management.
He said they would also be discussing thei� plans with the Army Corps of Engineers.
Mr. Kosluchar stated the City is tracking its utilization expenditures in the event there is a
federal disaster declaration, and the City is able to recover costs. The City sent a letter to about
40� property owners in the City who are adj acent to or have portions of their property within the
100-year flood plain. The letter outlined the need for owners to prepare for protection of their
property. It did not distinguish among owners impacted more or less severely in the past.
Basically if someone's property would get wet in the 100-year flood, they were notified. The
City's website (www.ci.fridley.mn.us) has flood preparation information on the front page. It
includes information on flood preparedness, insurance, maps, forecasts, and safety. The City
wanted to let the 400 property owners know that it anticipates there might be impacts to private
properties. In 1997, there were several homes along the Mississippi River and Rice Creek that
were impacted by flooding. Some of the homes were sandbagged to protect against flooding. If
someone's property was affected by flooding in 1997 there is a good chance it will be affected
this spring. The exception would be in the Riverview Heights neighborhood. They would be
protected in the event similar to the spring of 1997 through the construction that was completed
in 2002. Property owners should review their insurance options without delay. There is a 30-
day waiting period.
Mr. Kosluchar stated the City of Fridley and Anoka County will issue a request for volunteers if
the needed. If you are in need of assistance, contact the City. If there are questions even after
reviewing the flood preparation page on the City's website, feel free to contact the Public Works
Division at 763-572-3552 or the Public Safety Department at 763-572-3629.
Councilmember Bolkcom asked if people want to know where to get sand bags and sand, that
information will be on the City's website.
Mr. Kosluchar said they plan to have that on the website as soon as possible.
Garland Lagesse, 7951 Broad Avenue NE, stated he lives in the Riverview Heights area. He
asked what level they hit in 1997 and in the 1960's.
Mr. Kosluchar replied, from the gauge station on 45th, the elevation is 17.1. That is not an
absolute reference.
Mr. Lagesse asked whether they were referring the 117.1.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 3
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Mr. Kosluchar replied the best the City can project is the elevation at 45th is 811.8 which they
think correlates to about 821.10. That is at the current gauge up at Riverview Heights. The
record flood is about 20 at 45t" which converts to 114.3. They project that out to Riverview
Heights and are thinking it is about 824.8. That would be the 1965 event.
Mr. Lagesse asked the lowest level at the road on 79t" is 822.
Mr. Kosluchar replied around 822.10.
Mr. Lagesse asked if there were lower points north of the dam.
Mr. Kosluchar replied that is the lowest point when it was surveyed for the Riverview Heights
proj ect.
Mr. Lagesse stated he talked with other people in the neighborhood and they were wondering if
they had a range that this might crest at.
Mr. Kosluchar replied the ranges are from no impact to beyond 1965 which was 824.8. It is an
18 percent chance it will exceed that at the downstream side of Fridley. He would guess that
chance is pretty much in the ballpark for the upstream side of Fridley as well.
Mr. Lagesse stated that 3.7 feet makes a big difference to those who live in the Riverview
Heights area because that means it will exceed the 822 level. He is under the impression the City
will put in the pump and pump the creek so they do not get caught from the backside, is that
correct?
Mayor Lund stated the theory is with the system the City has in place to date it would probably
adequately be able to handle the 1997 high mark. Beyond that there is going to be some
flooding.
Mr. Lagesse stated in 1997 they did a lot of sandbagging.
Councilmember Bolkcom stated that was before the City had all the things in place. There are
weirs in there now, the road is built up a little bit and there are pumps. We will not have some of
that backflow from those outlets. Those can all be closed off now.
Mr. Lagesse stated if the river goes above 822, is the City willing to make any efforts to get
them some sand bags?
Mayor Lund replied the City is in the process of seeing what others are doing as well and what
is available. It has ordered 10,000 sand bags. Its success will be heavily dependent upon
volunteers. The City will hopefully try and recruit local civic organizations and the schools.
Residents could start sandbagging soon.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 _ PAGE 4
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Councilmember Bolkcom stated what they talked about so far and what she heard tonight at the
preconference is that the City will protects its property as far as the pumps but they do not know
yet what they will do for the residents.
William Burns, City Manager, stated the City is providing information on its website for the
residents. As they get more information on the availability of sandbags, they will post that on
the website.
Councilmember Bolkcom stated the bags will need to be filled.
Dr. Burns stated residents will need to find their own sand for the bags.
Mr. Lagesse stated in 1997, the sand was on the City property and people came and filled the
bags. From there the City took them over to the neighborhood, told them how they should do it,
and they did it.
Councilmember Bolkcom stated she thinks that is what re�idents are expecting.
Mayor Lund stated as the flooding issue progresses, the City will have to look at what level of
participation it will be able to afford to do.
Mr. Lagesse stated on the south side of 79th Way, the City has equipment for pumping sewage,
etc., up the hill. He asked how they will protect that.
Mr. Kosluchar stated Mr. Lagesse is referring to the lift stations they call "Apex." It is a little
higher elevation than the road but not much, and they do have provisions to sand bag that area, to
keep it operable.
Mr. Lagesse stated another aspect a neighbor brought up is the holding pond on the north side of
79t" Way. The way it is designed is the water from north of them comes down to the holding
pond and there is a lot of snow there. That pond is going to fill up quick. He asked if the City
was pumping the pond.
Mr. Kosluchar said he know that the basin Mr. Lagesse is talking about does flow into the
smaller basin to the east and then to the pumped area. It should drain by gravity. Basically the
creek enters the westerly basin, goes underneath to the easterly basin, and then gets pumped out.
Mr. Lagesse stated another neighbor said they looked at it not too long ago and stated there is
kind of some blockage there. He asked if there was a mechanism to keep the pond from
.
over owing.
Mr. Kosluchar replied the pumps will keep it from overflowing albeit an extreme rainfall event.
Any pumping system that put in there could be overwhelmed by a more extreme storm. The City
has lined up some portable pumps in the event the City has issues with its own equipment.
Mr. Lagesse asked if the pump will take care of the creek as well.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 5
Mr. Kosluchar replied actually there are two pumps but yes.
Councilmember Bolkcom asked why th� City didn't go in and try to get rid of some of the
blockage.
Mr. Kosluchar stated they have actually talked about trying to clear some of the bigger trees.
Darlene Brady, 641 Buffalo Street NE, stated she lives across from the pond. When the City
did a controlled burn previously, and it j ust made the weeds explode exponentially. What
happens, too, when you get a lot of water there and it starts to drain, it pulls weeds out and plugs
up the exit, too. Not to mention all the trees that are growing in there and filling up with rotting
.
debris.
Mayor Lund stated staff does clean them out.
Ms. Brady stated she has been there 25 years and this is the first year the river was real high in
the fall and all winter. She asked if they knew how much more of an effect that will have on the
.
spring me t.
Mr. Kosluchar replied he has not heard anything about that. He knows they were watching it
early in the year. He thinks it is symptomatic of the rainfall they have in the fall. The City's
concern is saturated soil, and that may be a cause of the river being high going into the fall.
Ms. Brady stated she just wanted to remind them they do have a lot of infrastructure in this
neighborhood. There are a lot of houses, streets, gas and electric utilities, etc.; and she does hope
the City will do its best to protect that. She asked when does the City plans to use the big pump.
Mayor Lund stated there are automatic procedures in place when certain elevations are reached.
The City does not wait until it is already flooding.
Ms. Brady stated her understanding is they have to put something back in it before they can use
.
lt�
Mr. Kosluchar replied there is a motor that gets brought out on the green pump and there is
another pump that is run off of a portable PTO that is run off one of the City's tractors. There
are actually two large pumps that can operate there.
Patricia Kohls, 640 Cheryl Street NE, stated in 1997, a policeman knocked on their door at 8
a.m. and told them they had to be out by noon. She asked if they were going to have a little more
forewarning. The river never did go over the bank, and a lot of her personal furniture and
belongings were damaged trying to get them out in a hurry.
Don Abbott, Public Safety Director, stated he is also the Emergency Management Director. In
1997, the City did not have the protections in place that it does now. There were different things
that happened at that time. There was an issue with one of the control measures in the culverts
that was temporary. The City did not have a lot of time at that point. He does not remember any
FRIDLEY CITY COUNCIL MEETING� OF MARCH 14 2011 PAGE 6
pre-planning to the level they are doing naw. That is a big part of tonight and the letter sent out
two weeks ago and a notice to the block captains a few days before that and the website. They
will tr and give people as much notice as xhey can. It is very significant to displace people from
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their homes.
Chief Abbott stated there is resource on the City's website to direct residents towards things like
ackin up family heirlooms and valuables. At this point, think about where you would put them
p g
or ma be even gather them in a box and �ave them ready to go. Now may be the time to bring
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up some of the furniture in the lower level to protect it.
Ms. Kohls stated last time it happened th�re was no place to go with anything. All the moving
com anies and the trucks were all bus ;�.nd the rental properties were still loaded with boats,
p y .
etc. They would have to rent a moving company and have them store it. They were not
reimbursed for this by their flood insuranc� or the hotel they had to stay at.
Ms. Brady stated it takes 30 days from v�hen FEMA gets your money. She suggests they do a
credit card. When she added contents th�y immediately put it on her credit card the same day.
Inventory your belongings and take pictur�s in case you have to make a claim.
Mr. Kosluchar stated they did just put up an inventory application for an iPhone and there is a
link to it on the City's website.
APPROVAL OF PROPOSED CONSEl`�T AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 7, 2011
APPROVED.
City Council Meeting of February 14, 2011
APPRUVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to General Provisions and Fees (Rental Housing Inspection Fees).
William Burns, City Manager, stated staff is recommending a$25 increase in the fee for rental
property license and a$2 increase for in the license for each unit in a building with more than
four units. These increases will bring the City very close to paying for the operating costs for
this program. Staff is recommending Cou�cil's approval.
WAIVE THE READING UF THE O�RDINANCE AND ADUPTED ORDINANCE NO.
1275 ON SECOND READING AND O�ZDERED PUBLICATION.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 _ PAGE 7
2. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to General Provisions and Fees (Land Use Fees).
William Burns, City Manager, said the amendments include adding the $1,500 fee the City has
been charging for master plan and master plan amendments under the S-2 portion of its Zoning
Code. They are . in the S-2 portion of the Zoning Code but not in the fee section of the Code.
The have also added a$1,500 fee for comprehensive plan amendments to Chapter 1 l. Again
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that is an existing fee that currently does not appear in Chapter 11. Additionally staff has
eliminated three fees that are no longer in place from Chapter 11. Finally, staff has added
language that clarifies that the fee for the S-2 master plan applies to the original application as
well as to amendments. Staff recommends Council's approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1276 ON SECOND READING AND ORDERED PUBLICATION.
3. Second Reading of an Ordinance Amending Chapter 205.24 of the Fridley Zoning
Code Pertaining to S-2 Redevelopment District Regulations (Text Amendment, TA
#11-02, by the City of Fridley).
William Burns, City Manager, stated staff has added language describing the process for the S-2
Zoning Code that they have been following since the inception of this zoning classification. The
language pertains to the public review process and application fees that are not stated clearly in
the Code. Since the first reading of the ordinance, staff has added language that clarifies that an
S-2 rezoning or amendment must follow the same public hearing process as any other rezoning.
Staff recommends Council's approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1277 ON SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS:
4. Approve Letter of Agreement with Anoka County Regarding the Disposition of
8100 East River Road (West 3).
William Burns, City Manager, stated the letter requests the Anoka County land commissioner
delay the sale of 8100 East River Road as tax forfeit property for six months. This will give the
City and the County Highway Department time to determine whether the property should be
used for the potential realignment of Fairmount Street. The delay will also give the City
additional time to make certain it will recover the $83,000 in Code enforcement costs that it has
invested in this property. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011_ PAGE 8
._
5. Resolution Determining that Certain Parcels are Occupied by Structurally
Substandard Buildings and are to be Included in a Tax Increment Financing
District (Ward 1).
William Burns, City Manager, stated the resolution pertains to 5831, 5905, and 6061 University
Avenue. These are three buildings the Fridley HRA. is planning to raze this spring in conjunction
with the Gateway Northeast redevelopment project. Council is being asked to declare the
buildings blighted in order to allow the sites to be included in future TIF districts. The City's
Chief Building Official has inspected the building and determined the buildings do meet the
statutory definition of substandard. The Fridley Housing and Redevelopment Authority
approved a similar resolution at their March 3 meeting. Staff is recommending Council's
approval.
ADOPTED RESOLUTION NO. 2011-12.
6. Resolution Creating a Policy of the City of Fridley Identifying the Type of Storage
Medium Used for City Records.
William Burns, City Manager, stated this will allow staff to destroy paper records kept for
Council minutes and actions once they have been scanned and included in the City's electronic
records system. This will help the City clean up badly needed storage space at City Hall. Staff
recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
7. Resolution Authorizing the City of Fridley to be a Party to the Minnesota Water
Agency Response Network (MnWARN).
William Burns, City Manager, stated this is a voluntary organization established by local and
state public utilities that is designated to provide mutual aid for agencies impacted by public
utilities emergencies. There are no fees, and participation in any particular emerg�ncy is
voluntary. The utility emergencies provided for in this agreement include water, sewer, and
storm water. The agreement establishes the organization and procedures to be used for a
response to emergencies. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2011-14.
8. Resolution Terminating Membership in and Requesting Dissolution of the Six Cities
Watershed Management Organization.
William Burns, City Manager, stated on February 7 Council approved the merger of the area in
Fridley that has been included in the Six Cities Watershed Management Organization with two
other watershed organizations. The portion north of that territory north of Rice Creek will be
merged with the Coon Creek Watershed District to the north. The portion south of Rice Creek
will be merged with the Mississippi Watershed Management Organization to the south. The Six
FRIDLEY CITY COUNCIL MEETING OF MARCH 14� 2011 PAGE 9
.�
Cities WMO board recently approved a resolution dissolving their organization. Their attorney
is recommending that each of the remaining members have their City Council's pass this
resolution. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
9. Receive Bids and Award Contract for Sanitary Sewer Lining Project No. 400.
William Burns, City Manager, stated there is one proj ect and five subproj ect areas. The City
opened bids for the five subproject areas on March 2. The lower bidder was Veit & Company,
Inc., of Rogers, Minnesota, in the amount $199,000. While the low bid is $9,000 over the budget
for this project, the City does have savings from the Wickes lift station project that will cover
these additional costs. Staff is recommending that the City fund the full array of these lining
proj ects. Staff recommends Council's approval.
APPROVED.
10. Receive Bids and Award Contract for the 2011 Miscellaneous Concrete Repair
Project No. 401.
William Burns, City Manager, stated the City opened the bids for concrete repairs on March 9.
The low bid for this year's work, including some additional work attributed to 2011 utility
repairs, was $62,200. The amount is within budget. Staff recommends Council award the bid to
the low bidder, Ron Kassa Constructing, Inc., of Elko, Minnesota, in the amount of $62,200.
APPRUVED.
11. Claims (149757 —150054)
Councilmember Bolkcom stated there is a typo on page 4 of the ledger, Check No. 149804.
Under "Vendor," the word should be "Plumbing" and not "Plumping."
APPROVED.
12. Licenses
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item Nos. 4, 6, and 8 be removed.
MOTION by Councilmember Bolkcom to approve the consent agenda with the removal of Item
Nos. 4, 6, and 8. Seconded by Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 10
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 Item Nos. 4,
6, and 8. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
Karissah Bellagotti-DeSantis, 6144 Fifth Street NE, stated she lives at Brandes Place.
Previously she had addressed the issue of police reports at her property. She was trying to
explain that the new property they would be developing in the Hyde Park axea is great. The
biggest thing is they have to keep an eye on the crime rate and what is going on there to make it a
safe environment; not only for the families but for the residents living around it. She brought
evidence of the subsidized unit where she is staying at of the police reports. The reports are
serious and the biggest thing is as long as these are addressed and local HRA know about it to
take care of it, etc., these people can live in a safe environment. If more people are aware of
what is going on through Metro HRA or whoever they would find out what is going on and kind
of cut the problem at the root.
Mayor Lund stated he takes her comments to mean that she does not want more of Brandes type
facilities in the Hyde Park area?
.
Ms. Bellagotti-DeSantis replied, right.
Mayor Lund said when she came to them before, she started talking about Brandes Place and
the crime over there. He said Brandes Place was not even over at Hyde Park.
Ms. Bellagotti-DeSantis stated, yes, and she was not aware.
Mayor Lund stated she said there were several hundred police calls to Brandes Place. He asked
what the timeline was.
Ms. Bellagotti-DeSantis replied, it is on what she provided.
Mayor Lund stated there is a 2005 date, and it says impounded/towed a vehicle or something
like that.
Ms. Bellagotti-DeSantis stated the dates she noticed ranged from 2005 and she has them all the
way up to 2 O 10 .
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 11
Councilmember Saefke asked if the concern is over Hyde Park, why is she bringing
information about Brandes Place. He said her statement is that there are many serious crimes
listed on the handout.
Ms. Bellagotti-DeSantis replied, yes.
Councilmember Saefke asked Chief Abbott to look at the list and tell them what the majority of
the cal l s were .
Ms. Bellagotti-DeSantis stated when she sorted through them, the maj ority she got was the
personal damage to property as well as the theft to personal property. After that came the
disturbances.
Councilmember Saefke stated they had a discussion about this before, and it was made clear to
him through the Police Department that just because there is a call listed, it does not mean there
was a crime committed. Police have to respond to any 911 call for help. The call for help could
be for a domestic assist, someone needing an escort to get property out, vandalism that may or
may not have occurred by residents in the property, medicals, etc.
Don Abbot, Public Safety Director, stated they reviewed this three or four weeks ago, when the
issue first came up. The main thing they pointed out with all their police reports and this one as
well is that every entry in here is not a crime report. It is a call for service. It can be a public
assist, a suspicion, or a disturbance call. It can be for loud voices or loud music. When they
reviewed the incidents at Brandes Place, Myra Harris, the person in the Police Department who
works with a lot of the City's rental issues, said that if all properties were this quiet, we would be
a fairly happy police department. There are a lot of calls but one thing to look at is there are a lot
of duplicates and triplicates of lines. Just the way an incident is reported, it can be reported
multiple times on a sheet because it can be broken down into two or three different issues as
well.
OLD BUSINESS:
13. First Reading of an Ordinance Amending Chapter 205.23, Related to Purpose,
District Boundaries, Permitted Uses, Accessory Uses, Existing Uses, Excluded Uses,
Lot Width, Lot Coverage, Setbacks, and Refuse for Properties Within the S-1, Hyde
Park Neighborhood Zoning District (Text Amendment, TA #11-04, by the City of
Fridley) (Tabled February 14, 2011).
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY C_ OUNCIL MEETING OF MARCH 14, 2011 PAGE 12
Julie Jones, Planning Manager, stated one of the action steps in the City's 2034 Comprehensive
Plan was to consider amending the Hyde Park Zoning District to allow redevelopment of
property existing that was multi-family in nature to new multi-family housing. The Hyde Park
neighborhood is bordered by Main Street on the west, 61 St Avenue to the north, University
Avenue to the east, and 67th Place to the south. Staff is proposing to change the permitted uses
section in the Hyde Park Zoning District to match the State Statutes which will allow any
existing use to be rebuilt, however, not geographically expanded if it is considered � non-
conforming. Other modifications are also being made to the text to update the Code and make it
easier to interpret and enforce and make it consistent with similar sections in other sections of the
Zoning Code.
Ms. Jones stated Council tabled the first reading of this text amendment at the February 14
meeting to allow time for the TOD neighborhood meeting to be held on Maxch 7. The TOD
meeting was held with no additional information really arising related to this text amendment.
The City Council held a public hearing on this text amendment on February 7. There were no
recommendations made to modify the proposed text at that time either. A public hearing was
held on January 19 at the Planning Commission meeting. After staff's presentation and
receiving comments from the public, the Planning Commission passed a motion to approve this
text amendment. City staff recommends Council hold the first reading tonight of the ordinance
tonight. The second reading will be scheduled for their next meeting on March 28 unless
otherwise directed.
Councilmember Bolkcom asked Attorney Knaak when they make changes to ordinances, even
though it is in the State Statute, is it routine for the City to also put that information in the
.
or inance.
Fritz Knaak, City Attorney, replied, that is a good practice and is fairly regularly done. Of
course if there are any distinctions or differences between the two, the State Statute governs.
Generally, you would try to conform any legislation that tracts State legislation to the State
legislation.
Councilmember Bolkcom asked would is that why some of the language changes are for.
Attorney Knaak replied it is his understanding that the intention was to make sure it conforms.
Councilmember Bolkcom asked, under Section 3(C), what the term "privately owned
recreational facilities" meant.
Ms. Jones replied, things such as a playground.
Councilmember Bolkcom asked if they can make it simpler.
Ms. Jones replied, if they change it, they will need to change it in other sections of the Code as
well.
Councilmember Bolkcom asked under section 5(C), Lot Coverage, does that only apply to R-1.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 13
. -
Ms. Jones stated what is being proposed here, the 3 5 percent, they are recommending that
because it is the percentage that is allowed in the pre-1955 lot overlay district. Those tend be
smaller lots, and there are a lot of non-conforming smaller lots in the Hyde Park district as well.
Councilmember Bolkcom asked if it applied to only single-family homes.
Ms. Jones replied this would apply to any property. It does not distinguish what the use is.
Councilmember Saefke stated he thought the multiple family units could not geographically be
any larger than what they are. How do they grant 10 percent more to them?
Ms. Jones stated for the multi-family use within the Hyde Park neighborhood, all those uses are
non-conforming because the only principal allowed use in this neighborhood is in the family
zoning. For those uses, they cannot be geographically expanded. They are not distinguishing in
this section of the lot coverage what properties it applies to. But for those multi-family uses, this
would not be able to be applied to them. They are non-conforming.
Councilmember Bolkcom asked if there is an apartment building that wants to put something
else on their property, they cannot do it? They could not expand their footprint so they could not
put a garage on their property for example.
Ms. Jones replied, that is correct.
Mayor Lund stated maybe it should be a little bit expanded than it is. In the TOD, it does
become allowed if they meet the requirements of a more restrictive overlay.
Ms. Jones stated if they have an approved plan.
Councilmember Bolkcom asked what would be wrong with putting it in here. If they are going
to make changes, why not make it as clear as they possibly can?
Scott Hickok, Community Development Director, stated he thinks that would be fine to add
after the term "recreational facilities" "(such as but not limited to)" and add examples. Also, add
onto the end of the other phrase "(this would relate to single-family properties)" and that would
be helpful. Expanding the non-conforming would not work with the statute on non-conformities.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. Resolution Authorizing the City of Fridley to Enter into a Connectivity Services
Agreement with Anoka County for Broadband Services and Authorizing the Mayor
to Execute Said Agreement (Tabled February 14, 2011).
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 14
MOTION by Councilmember Varichak to remove this item from the table. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY ON A 4-0 VOTE.
Darin Nelson, Finance Director/Treasurer, stated just prior to the February 14, 2011, Council
meeting they had some last minute changes to the agreement and they wanted to review them.
Since that time they have had some further changes. There are about 32-34 organizations that
are trying to get an agreement together and hammer it into one final agreement that is still in the
works. They are very close, and they were hoping they would go forward with it tonight but it
sounds like there are still some things that still need to be amended out with other cities, and they
want to make sure the agreement actually is final and not coming back.
Councilmember Bolkcom asked whether they are receiving the agreements on a regular timely
.
asis?
Mr. Nelson replied, yes, they have received some updates and he has talked to Mr. Minke from
Anoka County last Friday. They had a meeting with another city which they had some issues
with a franchise agreement with their cable company and such. It sounds like everything is on
the up and up there. However, he has not had a chance to talk with attorney Knaak about the
franchise agreement as well, too. At this time staff is recommending this item be tabled until
April 11. That really should be a sufficient amount of time.
MOTION by Councilmember Bolkcom tabling the Resolution Authorizing the City of Fridley to
Enter into a Connectivity Services Agreement with Anoka County for Broadband Services and
Authorizing the Mayor to Execute Said Agreement until April 11, 2011. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MUTION CARRIED UNANIMOUSLY ON A 4-0 VOTE.
PUBLIC HEARING:
15. Consideration of a DNR Outdoor Recreation Grant Application for West Moore
Lake Park (Ward 2).
MOTION by Councilmember Saefke to waive the reading of the ordinance and open the public
hearing. Seconded by Councilmember Varichak.
UPON A VUICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 8:36.
Ms. Jones stated there was a public hearing notice about a particular grant application for DNR
grant funds related to West Moore Lake Park. However, they have two additional grant
applications they want to present to them tonight. She is going to talk about all three of them.
FRIDLEY CITY COUNCIL MEETING UF MARCH 14, 2011 PAGE 15
- —
Ms. Jones stated they are taking a look at these grant opportunities because they the City is
involved in the State Health Improvement Program (SHIP). The County Health Department
came to the City several months back and asked how they could help. Staff was coming up with
some great study of the City's bike and pedestrian needs in the community, but could not use the
grant funds to make actual physical improvements. They were aware there were grant
opportunities out there where they could apply to have funding for some improvement. The
County took some of their SHIP dollars they had available and hired a grant writing consultant
that they put at the City's disposal, as well as the other communities within Anoka County that
have SHIP dollars as well. The City is taking advantage of that free assistance because a big part
of obtaining these grants is applying for the funding which takes a lot of staff time.
Ms. Jones stated the City has difficulty justifying in the economic times we are in to do some of
these trail projects so it does want to take advantage of grant funds to try and stretch City dollars.
The consultant is telling the City we will likely get one of the three projects funded, so do not be
overwhelmed by the dollar numbers they are going to see because they are not expecting
approval of all three. The City can use these applications, even if the funding applications are
not approved, to reapply next year and subsequent years. The timing is also good now because
they are in the midst of a bike/walk study with our SHIP dollars that is giving the City some data
and some mapping that can be used with the applications.
Ms. Jones stated the three applications they are looking at involve one for what the City is
calling "Sand Dunes Natural History Trail" in West Moore Lake Park. That is the one advertised
in the public notice, requiring the public hearing. Staff is also looking at an application for
funding for what a Moore Lake Recreational Loop Phase One. Staff is calling it Phase One
because they have another Phase Two idea but it does not fit within the perimeters of the grant
program they are looking at, but it is something they would like to do some day. The third one
involves linking Unity Hospital's "Wellness Walk" to the Rice Creek regional park trail in Locke
Park.
Ms. Jones stated regarding the Sand Dunes project, previously this park contained a wooden
boardwalk throughout the park. The boardwalk became deteriorated and became a safety and
maintenance problem for the City. It was eventually removed but was never budgeted for
replacement. The sandy terrain of this park and the sand burrs that really make it an undesirable
place to walk through unless you are on some sort of trail that protects you from those elements.
She understands that the high school uses this park as a canoe launcher.
Ms. Jones stated as far as the outdoor recreation grant application, they are only looking at the
trails in the interior sections of the park. The internal trails and the canoe launch are what is part
of this grant application. The perimeter trails will be part of a different program called their local
trail connection grant. She will talk about this shortly where they are actually combining that
part with another trail section along Seventh Street.
Ms. Jones stated in the Sand Dunes outdoor grant, the total cost .they have estimated for the
trails, the canoe launch, and installing some benches along a couple parts of the scenic areas of
the shoreline, is estimated at $60,000. This program requires the City to match costs by 50
percent. With this program, they can include some in-kind labor as part of the City's 50 percent
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 16
,
match. The City would need to budget for the matching funds in the 2412 or 2013 parks capital
improvement budget.
Ms. Jones stated as far as an implementation schedule, if the City were awarded the grant, it
would be done this summer. The City would then need to execute a funding agreement this year.
City budget with the matching funds would need to occur then for the 2012 budget. They are
anticipating site prep work would begin in the spring of 2012, with the trial prep and
construction to be completed in the fall of 2012. However, the City does have until June 30,
2013, to complete the grant project.
Ms. Jones stated as far as other related costs, there is no private property involved in this project
so there are no assessments related to the project. They have taken a look at maintenance costs
for a new trail. Public Works has estimated that cost to be about $213 per year based on the
lineal feet of trail that would be added. This does not include snow plowing in the winter. They
are not anticipating plowing this in the winter because of the perimeter trail around the outside.
There is also a sidewalk on the opposite side of Moore Lake Drive along the High School
property so people do have some opportunity to the access around the perimeter of the park if
they are talking a walk in the winter.
Ms. Jones stated as far as the DNR local trail connection program, the purpose of those funds is
to connect people where they live to public amenities with new trail connection. Fridley does
have an extensive sidewalk system between the Fridley High School and the Middle School, but
it has a sidewalk that ends at Seventh Street currently at about 59th.
Ms. Jones stated what they are looking at is a section that takes you from that part of 59th and
connects down to Medtronic Parkway and over. Combining the Sand Dunes and the Seventh
Street trail into one application has been advised by the City's consultant. Besides installing a
path across from the High School, there is also a need to complete a trail loop that runs around
Moore Lake to the schools and the Fridley Community Center along Seventh Street. There are
actually two loops within this area, the smaller loop being just around Moore Lake itself which
would be about 2.3 8 miles in length and then the larger loop encompassing Seventh Street which
would be about 3.1 miles in length.
Ms. Jones stated the estimated cost for this proj ect is $222,400. The grant has a maximum
amount of $100,000. That would basically mean a$122,000 match the City would need to come
up with. The City could use MSA funds for the match in this project. There is no non-cash in-
kind contributions that can count in this particular grant program. Unlike the other grant
program, this one would need to be spent by June 30, 2013. Staff anticipates completing the
proj ect in 2012.
Ms. Jones stated the third grant project they are looking at is connecting Unity Hospital's
wellness walk to the Rice Creek regional trail to Locke Park. The City currently has a pedestrian
crossing on 73rd Avenue, but it does not line up with the trail that runs through the western edge
of the Target Distribution Center property. There is a paved trail going to Madison Park but no
trail is within the park itself. When looking at the map, staff saw an opportunity to connect the
private trail systems within the City to a larger regional trail system.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 _ PAGE 17
Ms. Jones stated staff saw a real opportunity to look at how they could connect those two points
together. Staff proposed some trails within Madsen Park and also proposed to move the
pedestrian walkway that lines up on Jackson Street and 73rd and move the crossing over to line
up to the trail that leads to Rice Creek and install a lit crosswalk where people could push a
button and change the light and also look into a budgeted one that is solar operated.
Ms. Jones stated the estimated total cost of this project is $96,313. Again a 50 percent local
match would be required. The City could use MSA funds for the local match and would focus
the matchin dollars on those thin s related to 73rd Avenue such as the trail along 73rd Avenue
g g
and the pedestrian crossing. The proj ect could be budgeted and completed in 2012. The proj ect
would have to be completed according to the DNR grant rules by June 3 0, 2013 .
Ms. Jones stated as far as the next step in these grant applications, each application requires a
separate resolution from the City Council. When and if a grant is awarded, staff will be coming
back to Council with an agreement and detailed budgeting for that grant project. The potential
proj ect of course will need to be discussed during the 2012 budgeting meeting, and the grant
applications are due for submission at the end of this month.
Mayor Lund stated if they would be so fortunate as to get all three, he sees the grant cap is
$100,000 so they really would not be a 5�/SO match. CeI'talrily ti11S 1S 1ri O�J�JOI'tUrilty t0 I11�e
some improvements and use other funds. He asked if this is money that is available now but
would not be if they got one of the three. Is there next year or subsequent years for the City to
reapply for these same types of grants?
Ms. Jones replied, they have no guarantee these programs will continue; but she thinks the
programs have been in existence for some time. Every indication they have is they will continue
these programs.
Councilmember Varichak stated she has a concern regarding all these trails. The City does not
snow plow, and she has a hard time with that. Granted it is a great opportunity for the City.
Regarding the Sand Dunes she asked how many people use that? She has walked by there a
number of times and does not see anybody using it. Maybe it would be used more. If they do
get this and half of it is covered, how do you raise the money for the other half in these difficult
economic times? She is not sure she is agreement with this.
Councilmember Bolkcom stated she is concerned the City is using MSA funds. They are
talking about 2012. She does not know what is in the capital improvements for the parks. We
do not have a hard time now spending that MSA funds now projects, and she is concerned that
this is a huge chunk of money. One is $122,000 and another is $48,000. Whether we get one or
all of them, why the MSA funds and why not do something else in one of the parks?
Mr. Kosluchar, Public Works Director, stated there are funds in the MSA account that can
support the project. It is discretionary so Council can use it for that purpose.
Councilmember Bolkcom asked what the City would not be doing because of it. She is just
wondering why the change to MSA just because there is money there and what will not be done
in 2012-2013 because of it.
FRIDLE� CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 18
Mr. Kosluchar replied, the change to MSA in this case would be because the trails they are
talking about are on road so they would be part of an extension of the roadway.
Councilmember Bolkcom asked have they used MSA funds for this in the past?
Mr. Kosluchar replied, he does not know. Not since he has been with the City.
Dr. Burns replied, he does not recall using any. The City did use some MSA money on the 85tn
Avenue trail.
Councilmember Bolkcom stated right now they say this is what the amount of money will be,
but she saw the overruns on 85t" and then you started getting into the wetland and one of these is
down to the lake. She is concerned about whether these numbers are even accurate. She asked if
they are pretty comfortable with the numbers.
Mr. Kosluchar said he was comfortable with the numbers. They are reasonable.
Councilmember Bolkcom asked about maintenance costs other than the $213.
Ms. Jones replied they have looked at the maintenance costs on that particular one because it
was a requirement for only that one. Each of these projects is a bit unique as far as maintenance.
With respect to the trail from Unity Hospital to Rice Creek, some of those trails are plowed by
private parties. Target Distribution Center does plow the trail along 73rd along their property as
well as the trail over to Locke Park. The part they are proposing on Ballet Boulevard would
actually be on road so it would be plowed as part of the street. She is not sure if the City is
plowing that little section in between the two homes. There is a pretty long stretch of trail that is
already being maintained. It would just be the new section within Madsen Park that the City
would need to look at plowing in the winter if that is something they are going to do.
Councilmember Bolkcom asked Mr. Kosluchar if the City would be able to plow the street
enough so people could actually walk on the street.
Mr. Kosluchar replied, yes, he thinks they could and there is enough room there.
Councilmember Bolkcom asked is that the proposal that all of these would be maintained in the
winter.
Mr. Kosluchar replied, he did not think so. It is provided just for an idea of costs. Agencies
want to see them used year around.
Councilmember Bolkcom stated she heard people at the East River Road Corridor meeting say
they were concerned about how the City's trails are being kept now. She walks down the one on
East River Road. That trail is the City's responsibility. That boardwalk is an example of how at
some point you have to replace some of this stuff. That is all part of the cost and has to be
included. She asked how much of this will need to be repaved, etc., and what the normal life
expectancy was.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 19
Mr. Kosluchar stated the $213 just addresses the pavement maintenance over the long haul. In
other words, if it has to be resurfaced at some point, sealed, crack sealed, and then sweeping, it
does not address the winter maintenance.
Ms. Jones replied, yes.
Councilmember Bolkcom asked, how soon would the City have to repave it?
Mr. Kosluchar replied, staff figured about 40 years. They have some trails in Fridley that are
older than that that have not seen much maintenance. If they do interim maintenance on a 10-
year cycle they should be in pretty shape to last 40 years.
Councilmember Bolkcom asked why it was not included in park improvements.
Mr. Kosluchar replied for the project on Moore Lake, the Dunes, the match would be in the
Parks budget.
Councilmember Bolkcom stated Council has a lot of discussions about the Sand Dunes saying
it should not be replaced.
Councilmember Varichak stated in the Council survey, the Sand Dunes are always at the
lowest rating for things they would like to see done.
Councilmember Bolkcom stated she was wondering why this concentration in this one area
here. It does make sense to connect the schools. She asked whether the schools will take on any
part of this? They are using the boat launch, and the residents are not. She asked whether staff
has spoken with the school district all?
Ms. Jones replied, they have made contact with the school district about this and are asking for a
letter of support. They have not asked them for any matching funds. The idea of this program is
to open up that boat launch for everyone. Right now there is no trail there, no signage, and no
promotion. There is nothing there telling anyone in the public there is a boat launch there. What
they are talking about in the proposal is making that an official boat launch area, opening it up,
and making it a recreational opportunity for everyone in the City to enjoy.
Councilmember Bolkcom stated in the all years she has sat on the City Council she has never
heard anyone asking for it. It was presented to Council as being for the school district because
they want their canoes and kayaks there. She is trying to understand the whole concept of why
these were picked. She understands some of the connections. The Sand Dunes one is the one
she is the least interested in. The other two make sense because they are connecting trails.
Jack Kirk, Parks and Recreation Director, stated the Parks Commission actually has not
addressed this yet. This trail was in the Parks capital improvement program back about 2000.
They took the other wooden boardwalk out and with the City's financial issues it had limited
funds. There were priorities for the park system, and that one at the time did not rise to the
priorities of other projects. That funding was pulled away. Since that point, it has been identified
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 20
in the Parks CIP as what they call "other proj ects" so it is not in the five-year plan. They did talk
a little bit about that when they were looking at different options for these grant opportunities.
He did tell the group that it was not in the five-year plan but listed as an "other" project.
Mayor Lund stated he recalled about ten years ago there was an anonymous donor willing to
provide private funding but did not happen because the City wanted to put asphalt in which
would diminish the natural habitat area.
Mr. Kirk stated, yes, the donor was going to donate some money towards the trail. The City
staff's concern was the sustainability of another wooden boardwalk. The City was constantly in
there and replacing boards. The kids were taking boards out to create bonfires over there. The
ADA laws are such so that to provide accessibility they felt an asphalt trail in the long run was
going to be cheaper and would attain the goal of accessibility. There was concern about, it was
more not a degradation of the resource, as much as there was someone from the DNR who came
out and said there would be some small animals that might come out and warm themselves on an
asphalt path and would be subj ect to being stepped on or run over on the path. Therefore, the
anonymous donor said that they would not fund an asphalt path.
Mayor Lund stated that came out of the neighborhood who wanted something in there but
.
somet ing more natural.
Mr. Kirk stated when the trail was pulled out back in 1999, they did put a notice that they had to
pull it out for safety reasons; and they asked people to contact the City if they had any input into
it. He saw in the records there were 19 people who contacted the City and said for one reason or
another they wanted a trail put back in there. That was back in 1999. They had a petition from
the neighborhood where the anonymous donor was. He believed they had several hundred
signatures at that time. He knows a lot of people do not go in there because there is no trail.
Since that point there has not been a lot of contact from that neighborhood.
Councilmember Bolkcom stated there was a sign up there since then though.
Mr. Kirk stated there was a sign up there probably a couple of years.
Councilmember varichak asked whether the trail will be an asphalt trail in the Sand Dunes if
they do get the grant money?
Ms. Jones replied, yes.
Councilmember Bolkcom asked if the Unity will plow their portion during the winter.
Ms. Jones replied, yes.
Councilmember Bolkcom and then it comes down to they plow theirs and the City does not
plow its portion. That happened at the Corridor meeting because Coon Rapids lows their
. . , p
portion on the west side, and Frldley does not.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 21
�
Ms. Jones stated she knows that parts of Unity trail are plowed now. She suspects the other
parts are not plowed because they are not complete yet.
Joanne Zmuda, 6051 Fourth Street NE, stated the thing that bothers her about this is the fact she
agrees that financially so many people are hurting, but yet they have money to put on trails? It
makes absolutely no sense at all. As far as the Dunes go, her kids used to go there all the time
when they were in school a few years ago. She knows they tore up the boardwalk, but now it
will be paved and that is all sand. Do they have to dig up the sand and put some kind of a base
there so they can lay the tracks? That is going to be expensive. To think that this is going to last
for 40 years, she thinks the only reason it will is if nobody uses it and that will probably be the
case.
Mayor Lund stated they would not be expending City dollars. Yes, it is taxpayer money and
another level of government, the State and the DNR. He does not know where the DNR
matching grant funds come from but, the point is, what makes it a little more interesting and to
even consider this is the money is there for grant purposes.
Ms. Zmuda stated, yes, the money is there and we might as well take it before someone else. It
still makes no sense. It is still taxpayer dollars. Spend it on something we need. Not on
something we want. There is a big difference.
Mayor Lund stated he is sure people will say why is the City not tapping into that money that is
all going someplace else other than our community. He thinks there are more pressing needs out
there, such as collapsing bridges, etc., and certainly they take a high priority; however, if there is
grant money out there he thinks they would be somewhat remiss if they did not at least consider
utilizing some of those funds that would go someplace else.
Pam Reynolds, 1241 Norton Avenue NE, asked if the money for this grant is based on what
may be approved in this legislation.
Ms. Jones replied her understanding is this is money that is already appropriated.
Mr. Kosluchar it is a competitive application process, and funds are not appropriated for any
particular project at this time.
Ms. Reynolds stated she does not think the monies they are looking at this year are going to fair
as well.
Mayor Lund stated and that means our applications would not fair as well.
Councilmember Bolkcom asked so the only one they can use MSA funds for is the one on the
road.
Ms. Jones stated the first one on the outdoor recreation grant, because those trails are internally
within the park, the City could not use the MSA funds because there is no connection to a street.
That would have to come out of the capital improvements fund.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 22
Ms. Varichak stated they could make it connect to the street where the students have to cross
with their canoes and kayaks to the water.
Ms. Jones stated unfortunately the grant does not work that way.
Councilmember Bolkcom asked Mr. Kirk if there was $30,000 in the budget for the next two
years.
Mr. Kirk replied, it clearly is not budgeted at this point and would have to be looked at with the
other proj ects and priorities they would be looking at for the next several years and determine
whether that would take the place of something.
Councilmember Bolkcom stated this is her concern. No one is saying they can take $30,000
and not do "X" and "X" and "X" projects in order to do this one.
Mayor Lund stated maybe the Council would want to entertain the fact that they ultimately not
even submit the application for the Dunes and consider the other ones.
Councilmember Bolkcom said when this had to be in.
Ms. Jones stated the deadline for application is March 31 for all three of them.
William Burns, City Manager, stated the City is not spending much in parks capital
improvements now because of the financial situation and most of what it s ends is for thin s like
p g
court resurfacing, replacement of fencing, replacement of park benches, picnic shelter, etc.
Councilmember Bolkcom asked what does not happen in the next two years in order to do that.
Dr. Burns stated they are probably delaying those kinds of things.
Councilmember Varichak asked if it is more beneficial to apply for all three of the grants.
Does it make it more feasible to then select one that they can possibly do or not. Is two better
than three?
Ms. Jones replied, the City is competing with everyone else in the State for these grant funds.
These applications are scored based on the criteria that they are looking for. It is going to
depend on how the City's application scores compared to others. What the City is looking at
here is taking advantage of the free service that it has available with the consultants to put
together the proposals. They are saying that this is so highly competitive.
Councilmember Bolkcom asked but if they should even submit the application for the Sand
Dunes?
Ms. Jones stated then you have an application put together the City could maybe use to reapply
for the same funding two years from now if its budget situation is different. There is no
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 23
obligation on the City's part if one of the proposals is funded that you have to go ahead and
accept the agreement and sign the agreement for funding. That is the choice they get to make.
Councilmember Bolkcom stated she understands that but maybe they should leave the Sand
Dunes out because maybe it scores higher and gets accepted over the other two.
Ms. Jones stated whether they apply for all three she does not think that will change the chances
as to which one gets funded. It is going to be a matter of what they see is the best project against
the other ones who are competing for the same pool of funds. Again, we have the opportunity of
the free service available to put the application together even if it is turned in and denied it is a
valuable resource for the City because it can use it to reapply again.
Councilmember Bolkcom stated on the other hand it is probably not fair to apply for something
they do not think they want to do right now.
Ms. Jones replied, no, it is not. They are really looking for that commitment that the City does
want to fund something when you are applying for it.
Councilmember Bolkcom stated her understanding is that the Parks and Recreation
Commission has not even discussed these. She honestly cannot see that there is $30,000 in their
budget somewhere unless you take some of the other park improvements out that the City is not
going to do. She cannot see doing something that is not going to allow them to do other things in
the other parks. She asked for that information, including using MSA funds.
Dr. Burns stated he has that written down.
MOTION by Councilmember Varichak to close the public hearing. Seconded by
Councilmember Saefke.
UPUN A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CAR.RIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 9:48.
NEW BUSINESS:
16. Resolution Authorizing Application for DNR Outdoor Recreation Grant Funds for
Trails in West Moore Lake Park (Ward 2).
MOTION by Councilmember Varichak to deny the Resolution Authorizing Application for
DNR Outdoor Recreation Grant Funds for Trails in West Moore Lake Park. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
17. Resolution Authorizing Application for DNR Local Trail Connection Grant Funds
for Moore Lake Recreational Loop — Phase 1(Ward 1).
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 24
Councilmember Bolkcom stated also she is still concerned about the cost of maintenance on all
these also.
Councilmember Varichak stated they do still have the option of signing or not signing it at the
time.
MOTION by Councilmember Saefke to adopt Resolution No. 2011-16. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER SAEFKE, AND
COUNCILMEMBER VARICHAK VOTING AYE, AND COUNCILMEMBER
BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY ON A 3 TO 1 VOTE.
18. Resolution Authorizing Application for DNR Local Trail Connection Grant Funds
for Unity Hospital Health Walk to Rice Creek Regional Trail (Ward 1).
MOTION by Councilmember Saefke to adopt Resolution No. 2011-17. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER SAEFKE, AND
COUNCILMEMBER VARICHAK VOTING AYE, AND COUNCILMEMBER
BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION CAR.RIED
UNANIMUUSLY ON A 3 TO 1 VOTE.
4. Approve Letter of Agreement with Anoka County Regarding the Disposition of
8100 East River Road (Ward 3).
Councilmember Bolkcom stated the first she heard about this was at the Corridor meeting and
again at the meeting on Thursday. She asked if they really thought they would know something
in six months.
Mr. Hickok replied the thing they need to do is stall off that property being put up for sale at this
time. They are under a statutory obligation, not that it has reached this point, to list it, certify it,
and through resolution basically certify its status as a tax-forfeit property. We do have an option
to extend that six months. VVhat they do not want to do is have it listed for sale as a tax-forfeit
property. They already know one property owner adjacent to it who is interested in buying it.
They do not know about any realignments of roads, etc.. The Anoka County Highway
Department is interested in it.
Mr. Hickok stated the second thing is the City has close to $84,000 that is hanging in the
balance right there that it has put into that property on abatements. It is going to do everythin it
g
can to preserve and make sure that money is protected. They believe that the six months is an
opportunity for the City to make sure all of that is in place and not rush to have it listed for sale
as a tax-forfeit property.
Councilmember Bolkcom asked so the City would have until when?
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 25
Mr. Hickok replied, September 15.
Councilmember Bolkcom asked why is it a City thing?
Mr. Hickok stated he did find it interesting that the County property folks were saying, well,
you better let the Highway Department know because it is County.
Councilmember Bolkcom asked if there is actually a resolution somewhere.
Mr. Hickok stated there is a resolution that they will see the City does not get much of an
opportunity to change. It will see it again in six months certifying that it is a tax-forfeit property.
Councilmember Bolkcom stated she does not see a resolution. Is she supposed to be approving
a 1 etter?
Mr. Hickok stated there is a resolution that in six months the Council would be ready to
approve. They sent a resolution if they were ready to certify and put the property up for sale.
Staff has checked with the City Attorney on this and he agrees with the strategy.
MOTION by Councilmember Bolkcom to approve the Letter of Agreement with Anoka County
Regarding the Dispositon of 8100 East River Road. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VUTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY ON A 4-0 VUTE.
5. Resolution Creating a Policy of the City of Fridley Identifying the Type of Storage
Medium Used for City Records.
Councilmember Bolkcom asked if along with all the minutes, etc., that are scanned,� does it
include any petitions that people bring.
Mr. Nelson replied he believed it does include that. From talking with Deb Skogen, the City
Clerk, anything that comes up of record to the City Council is included.
Councilmember Bolkcom asked, anything put into the record is scanned in.
Mr. Nelson replied, he believed so.
Councilmember Bolkcom stated she would like to table this until she knows for sure what is
being scanned.
Mr. Hickok stated anything that becomes part of the official record is scanned in. What makes
it official is if it becomes part of the permanent archive for the meetin .
g
Mayor Lund stated if they are not doing it, then they are going to start doing it.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14. 2011 PAGE 26
William Burns, City Manager, stated the issue is not what they are keeping but how they are
keeping it.
Councilmember Saefke stated in early recordkeeping there was a question about how long an
electronic record will maintain its integrity. Can someone answer that? Also, is the City going
to be able to maintain some way of reading today's electronic record, for example, 20 years from
now? Will they be keeping abreast of that or are they using some type of universal method?
Mr. Nelson replied they are using a TIF format which is kind of universal and is recommended
by the State. They will be making sure it is readable in the future and if the format is changed
they will change it accordingly. The TIF format is kind of a standard in the industry for that type
of documentation.
Councilmember Saefke asked if anyone has determined how long an electronic record will
maintain its integrity.
Attorney Knaak replied they are required to keep records which has to do with the requirement
of State law and the imposition on the City to keep those records. State law, because of the fact
that records and paper do take up a lot of space and is relatively difficult to organize, does permit
the use of electronic media. That is the reason why, in keeping with State law and what the State
is encouraging, the City undertakes these types of programs. Presumably the State that requires
you to keep the records will also be keeping abreast of the necessary technology and will be
affording them the opportunity to do so. This is an ongoing debate. It is what the State allows
them to do and is a cost saving in this case to the City. There is nothing really precious about the
records the City is required to keep in terms of whether it is paper or not.
Councilmember Saefke stated he asked about the integrity of the media?
Mr. Nelson replied right now our imaging system is on the City's server which is backed up to
media tape on a regular basis. It is going to be available in more than one spot at all times.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2011-13. Seconded by
Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Resolution Terminating Membership in and Requesting Dissolution of the Six Cities
Watershed Management Organization.
Councilmember Bolkcom asked what the next steps would be.
Mr. Kosluchar replied, the next Six Cities meeting is this Thursday. At that time, they will
issue a notice of intent to Anoka County that they plan to dissolve. There is a 90-day period for
comment on the notice, and that comment is directed to BWSR. At that point, assuming there is
no objection by BWSR, BWSR would approve the dissolution. Then for the north end of Fridley
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 27
the Rice Creek Watershed District through resolution would approve their concurrence with
accepting portions of Fridley into the Coon Creek Watershed District. On the south end the
Mississippi WMO they are in the process of, and he thinks they just submitted last week, their
updated ten-year plan which they wanted to do before they opened the discussion about the JPA
amendments that would be required to enable Fridley and potentially Columbia Heights and
Hilltop to enter their organization. That timetable will be a little bit slower. That JPA, after
discussing wiih their director, will probably not come to this Council until the end of this year.
At the same time, they have expressed that they will consider capital elements that they can
include in their budgetary plan.
Councilmember Bolkcom stated they do not see any problem with BWSR and do not anticipate
any problem with them approving this action?
Mr. Kosluchar replied, that is correct. BWSR was actually involved in this summary and kind
of guides the cities and how they can get back into the organization.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2011-15. Seconded by
Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. Informal Status Reports:
Councilmember Bolkcom asked if any staff inember could summarize what happened at the
dog park meeting with Anoka County.?
Mr. Kirk stated there was a pretty small attendance. Probably half a dozen interested dog park
users attended. There were a couple Councilmembers there. The County gave the presentation
of the reasons why they felt the dog park should move to what they felt was a better location for
drainage purposes and a location that would provide a little larger area. It would allow them not
to have to plow to the parking lot because the dog park is on the very far eastern edge of that
park. In terms of the amount of asphalt they would have to put in and reconstruct the road, it was
going to make it a little bit better to have the dog park more in the center of the park. There was
not a lot of support from the people at the meeting to move it. There was one person who started
out opposing it but after hearing the reasons he felt it made sense. Several other people did not
want it moved. In two weeks he is expecting the Anoka County Parks Director to address
Council about the improvements that are planned for Locke Park.
Councilmember Bolkcom stated she spoke with Commissioner Kordiak at a different meeting
and also with John VonDeLinde. Her biggest concern was how they let people know. All they
did was put a sign up at the dog park. She suggested maybe it made more sense for them to
come and speak at a Council meeting.
Councilmember Varichak stated the dog park people have started a facebook page. It is called:
fridleydogpark.
FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 20ll PAGE 28
ADJOURN.
MOTION by Mayor Lund, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 10:27 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
AGENDA ITEM
�� CITY COUNCIL MEETING OF MARCH 28, 2011
Cf1Y OF
FRIQItIf
Date: March 22, 2011
To: William Burns, City Manager�A1
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Second Reading for Text Amendment Request, TA #11-04, Hyde Park Zoning District,
Chapter 205.23
INTRODUCTION
One of the action steps in the Comprehensive plan was to consider amending the Hyde Park zoning
district to allow redevelopment of property with existing multi-family housing to new multi-family
housing.
The Hyde Park Neighborhood is bordered by Main Street on the west, 61S` Avenue to the north,
University Avenue to the east and 57`h Place to the south.
ANALYSIS
Staff has taken some time over the last few months to research the existing Hyde Park code language.
We determined that minor modifications need to be made to the language to allow existing uses, to be
considered permitted uses. We also #ook this time to amend other sections of this zoning code that
need updating. The amended sections include the Purpose section and those dealing with district
boundaries, accessory uses, existing uses, and excluded uses. Other proposed changes also deal with lot
width, lot coverage, setbacks, and refuse.
PREVIOUS CITY COUNCIL ACTION
At the March 14, 2011, City Council meeting, the 15t Reading of TA #11-04 was held. Councilmember
Bolkcom requested that a few changes be made to the proposed text related to the description of a
recreational facility as an accessory use and adding language to the lot coverage requirement that
signifies that the increase in lot coverage is related to conforming lots. As a result, those changes have
been made and are in the attached ordinance.
Staff also amended the "Refuse" section to read "Solid Waste Disposal and Recycling Collection", which
as Ms. Reynolds' pointed out in her March 3, 2011, letter to Councilmember Bolkcom, is the actual
name of the solid waste chapter. The table of contents that references this ordinance should have been
1
changed in 2001, when the title of the ordinance was renamed. The City Clerk is in the process of
making the correction to the tabte of contents.
At the February 14, 2011, City Council meeting, TA #11-04 was tabled until the March 14, 2011,
meeting, to allow enough time for the TOD neighborhood meetings to be held on March 7, 2011. The
TOD meetings were held, with no additional information arising related to this text amendment.
The City Council held a public hearing for TA #11-04 on February 7, 2011. There was no
recommendation made by the Council to modify the proposed text language.
PLANNING COMMISSION RECOMMENDATION
At the January 19, 2011, Planning Commission meeting, a public hearing was held for TA #11-04. After
staff s presentation and receiving comments from the public, the Planning Commission made a motion
to approve TA #11-04, with no modifications.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends the City Council hold the second and final reading on the attached ordinance to
modify sections of the S-1, Hyde Park zoning district regulations.
2
Ordinance No.
AN ORDINANCE AMENDING CHAPTER 205.23, RELATED TO PURPOSE, DISTRICT
BOUNDARIES, PERMITTED USES, ACCESSORY USES, EXISTING USES, EXCLUDED
USES, LOT WIDTH, LOT COVERAGE, SETBACKS, AND REFUSE FOR PROPERTIES
WITHIN THE S-1 HYDE PARK NEIGHBORHOOD ZONING DISTRICT
The Fridley Planning Commission and City Council hereby finds after review, examination and.
recommendation of staffthat Chapter 205.23, S-1, Hyde Park Neighborhood District Regulations be
amended as follows:
SECTION 1: That Sectioa 205.23Z be hereby amended as follows:
Z. PURPOSE
The purpose of this special zoning district is to:
A. Establish a zoning mechanism for the neighborhood that will allow a variety of housing
types on lots with reduced lot sizes and setbacks.
B. Support the residential character of the neighborhood.
C. Protect the property rights of all landowners while promoting reinvestment and
development in the neighborhood.
SECTION 2: That Section 205.23.3 be hereby ameaded as follows:
3. DISTRICT BOUNDARIES
The Hyde Park Neighborhood shall be comprised of all parcels bordered between Main Street on
the west, University Avenue (HWY 47) to the east, 61S` Avenue to the north and 57`� Place to the
south.
SECTION 3: That Section 205.23.4 be hereby amended as follows:
4. USES PERMITTED
A. Principal Uses.
The following are principal uses in the S-1 District:
One-family dwellings, except for those uses as allowed as part of section 205.23.4.C.(1).
B. Accessory Uses.
(1) A private garage is the frst aceessory building. It shall not exceed 100% of the frst floor area
of the dwelling unit or a maximum of 1,000 square feet.
(2) A second garage or accessory building over 120 square feet provided the following criteria
are met:
3
(a.) The combined total floor area of all accessory buildings shall not exceed 1,400
square feet.
(b.) The maximum height for all accessory buildings shall not exceed fourteen (14) feet
above grade at the midspan of roof. Midspan for purposes of this ordinance shall be
described as the midpoint between the eave line and the highest point on the
buildings roof, as measured at the front elevation of the structure.
(c.) Accessory building shall not be used for a home occupation or as living area.
(d.) Accessory structure shall be architecturally compatible with existing home by
matching siding, color schemes, roofng materials, roof type and roof pitch.
(e.) All drive and parking areas to be hard surfaced.
(3) Privately owned recreational facilities, including but not limited to, playground equipment
and swimming pools, which are for the enjoyment and convenience of the residents of the
principal use and their guests.
(4) Home occupations
(5) The rental of guest rooms to not more than two (2) persons per dwelling unit.
(6) Solar energy devices as an integral part of the principal structure.
C. Existing Uses.
(1) All existing uses will be classified as permitted uses within the zoning district on the
present property which they occupy.
D. Uses Excluded.
The following are excluded uses in the S-1 District:
(2) Uses which may be dangerous, create annoying odors, noise disturbances or be
otherwise detrimental to the general welfare of persons residing or working in the vicinity
thereof or may impair the use, enjoyment, or value of any property.
SECTION 3: That Section 205Z3.5 be hereby amended as follows:
5. LOT REQUIREMENTS AND SETBACKS
B. Lot Width.
(1) The width of a lot shall not be less than sixty (60) feet at the required setback. Corner
lots shall not be less than sixty-five (65) feet at the required setback.
�
C. Lot Coverage:
Not more than thirty-five percent (35%) of the area of a lot shall be covered by the main
building and all accessory buildings. Lot coverage requirements for nonconforming
properties will be limited according to statutory provisions.
D. Setbacks:
(2) Side Yard:
Two (2) side yards are required, each with a width of not less than seven and one half
(7.5) feet, except as follows: (Ref 1217) �
(a) Where a house is built without an attached garage, a minimum side yard
requirement shall be ten (10) feet on one side, and thirteen (13) feet on the other
side, so that there is access to the rear yard for a detached and off-street parking
area.
(b) Where a house is built with an attached garage, the side yard adjoining the
attached garage or accessory building may be reduced to not less than five (5)
feet, provided the height of the garage or accessory building on that side is not
more than fourteen (14) feet.
SECTION 4: That Section 205.23.7.0
C. Refuse.
All waste materials, refuse or garbage shall be contained in closed containers as required
under the Chapter entitled "Solid Waste Disposal and Recycling Collection" of the
Fridley City Code.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
28Tx DAY OF MARCH, 2011
ATTEST:
Debra A. Skogen, City Clerk
Scott J. Lund, Mayor
Public Hearing: February 7, 2011
First Reading: Februaxy 14, 2011 and March 14, 2011
Second Reading: Mazch 28, 2011
Publication: Apri17, 2011
5
�
�
QTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2011
Date: March 22, 2011 �
To: William Burns, City Manager �Y1\
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Summary Ordinance for Hyde Park Text Amendment, TA #11-04
BACKGROUND
On March 14, 2011, the City Council held the first reading of the proposed ordinance amendments
to the S-1, Hyde Park zoning district. The second reading is scheduled for the March 28, 2011,
City Council meeting. After a second reading, the ordinance must be published in the City's official
newspaper. In order to save taxpayer dollars, State Statute allows cities to publish a summary
ordinance, which is an abbreviated version of the proposed code changes.
A summary ordinance for TA #11-04 is attached for your review and approval.
RECOMMENDATION
Staff recommends that the City Council review and approve the attached summary ordinance for
publication in the City's official newspaper.
�
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 205.23, RELATED TO PURPOSE, DISTRICT
BOUNDARIES, PERMITTED USES, ACCESSORY USES, EXISTING USES,
EXCLUDED USES, LOT WIDTH, LOT COVERAGE, SETBACKS, AND REFUSE FOR
PROPERTIES WITHIN THE S-1 HYDE PARK NEIGHBORHOOD ZONING DISTRICT
I. Title
An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code to allow
existing uses to be considered permitted uses and to update and clarify sections within the
S-1, Hyde Park Zoning Code.
II. Summarv
The City Council of the City of Fridley does hereby ordain as follows:
That Chapter 205.23 is hereby amended to allow existing uses within the Hyde Park
zoning district to be considered permitted uses, to modify the purpose statement and update
the district boundary line so it's referenced by the right-of-ways that encompass the Hyde Park
Neighborhood. The Accessory Uses, Existing Uses, and Uses Excluded sections of the code are
also being modified to match existing language found elsewhere in the Zoning Code and to match
State Statute reyuirements. The Lot Width, Setback, Lot Coverage and Refuse sections are being
updated to provide clarification and more flexibility for smaller lot sizes.
III. Notice
This title and summary has been published to clearly inform the public of the intent and
effect of the City of Fridley's S-1, Hyde Park Zoning Code. A copy of the ordinance, in
its entirety, is available for inspection by any person during regular business hours at the
offices of the City Clerk of the City of Fridley, 6431 University Ave N.E., Fridley, MN.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 28T" DAY OF MARCH, 2011.
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Published:
SCOTT J. LUND, MAYOR
February 7, 2011
February 14, 2011, and March 14, 2011
March 28, 2011
Apri17, 2011
7
r
�
CRY OF
FRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2011
.
William W. Burns, City Manager � T�
Director of Public Safety Donovan Abbott
Captain Bob Rewitzer
March 1, 2011
Council Resolution Authorizing Master Joint Powers Agreement
Between the BCA and Fridley Police Department
Staff is presenting a new Master Joint Powers Agreement between the Minnesota Bureau of Criminal
Apprehension and the City allowing access to several criminal data systems. This agreement replaces the
previous agreement of October 2004. The City has maintained such an agreement with the BCA since 1977.
Under Minn. Stat. § 299C.46 the Sta.te of Minnesota acting through its Department of Public Safety, Bureau of
Criminal Apprehension (BCA) must provide a criminal justice data communications network to beneft criminal
justice agencies in Minnesota. The Fridley Police Deparhnent is authorized by law to utilize the criminal justice
data communications network (CJDN) pursuant to the terms set between the agencies. Additionally, the BCA
either maintains repositories of data or has access to repositories of data that are of beneft to the Police
Department. The BCA has a Master Joint Powers Agreement the purpose of which is to create a method by
which the Fridley Police Department has access to those systems and tools for which it has eligibiliTy and to
acknowledge and honor the requirements to obtain access and the limitations on access. The Master Joint
Powers Agreement specifically grants the Police Department permission to use all current and future BCA
systems and tools for which it is eligible within CJDN.
Staff is recommending that Council authorize execution of the Master Joint Powers Agreement which is
necessary for the Police Department to continue to access and utilize CJDN. All sworn and non-sworn
employees that utilize CJDN are required by BCA policy to receive training, be tested and certifed to access
this system. The Police Department strictly adheres to that policy. If the City were not to enter into the Master
Joint Powers Agreement, the Police Department would lose its access to CJDN. Discontinuing access to this
network would severely hinder the Police Deparirnent in fulfilling a substantial amount of law enforcement
activities, including gathering appropriate information for proper investigation, officer safety information for
patrol personnel, running criminal histories, identifying individuals involved in incidents, processing cases for
prosecution, reporting stolen vehicles and missing persons, and much more.
The costs associated with this agreement are currently $3,000.00 annually. This amount is not changing and is
budgeted by the Police Department.
Staff recommends Council's adoption of a resolution authorizing the Public Safety Director to sign the BCA
Master Agreement on behalf of the City. A draft resolution is attached.
0
RESOLUTION NO.
RESOLUTION ENTERING INTO A JOINT POWERS
AGREEMENT WITH THE STATE OF MINNESOTA AND
THE CITY OF FRIDLEY
WHEREAS, under Minn. Stat. § 471.59, the State of Minnesota acting through its Department of
Public Safety, Bureau of Criminal Apprehension (hereinafter referred to as"BCA") and the City
of Fridley acting on behalf of its Police Department (hereinafter referred to as "Agency") are
empowered to engage in such agreements as are necessary to exercise their powers; and
WHEREAS, under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data
communications network to benefit criminal justice agencies in Minnesota; and
WHEREAS, the Agency is authorized by law to utilize the criminal justice data communications
network pursuant to the terms set out in the Master Joint Powers Agreement; and
WHEREAS, the BCA either maintains repositories of data or has access to repositories of data
that beneiit criminal justice agencies in perfortning their duties; and
WHEREAS, the Agency wants access to these data in support of its criminal justice duties; and
WHEREAS, the purpose of the Master Joint Powers Agreement is to create a method by which
the Agency has access to those systems and tools for which it has eligibility, and to acknowledge
and honor the requirements to obtain access and the limitations on the access; and
WHEREAS, this agreement specifically grants the Agency the use of all current and future
systems and tools of the BCA for which the Agency is eligible within the criminal justice data
communications network; and
WHEREAS, the costs to the Agency associated with the Master Joint Powers Agreement aze
three-thousand dollars ($3,000) annually, an expense that has been and is currently budgeted by
the Agency;
NOW, THEREFORE BE IT RESOLVED by the City Council of Fridley, Minnesota as follows:
1. That the Master Joint Powers Agreement by and between the BCA and the Agency is
hereby approved. Copies of the Joint Powers Agreement are attached to this Resolution
and made a part of it.
2. That the Public Safety Director or his or her designee is the Authorized Representative
for the Agency. The Authorized Representative is authorized to sign any subsequent
amendment or agreement that may be required by the BCA to maintain the Agency's
conn�ction to the systems and tools offered by the BCA.
0
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
28Tx DAY OF MARCH, 2011.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
10
SCOTT J. LUND - MAYOR
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STATE OF MINNESOTA
JOINT POWERS AGREEMENT
CRIMINAL JUSTICE AGENCY
This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension ("BCA") and the City of Fridley on behalf af its Police Depariment ("Agency").
Recitals
Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to
exercise theii• powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications
network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice
data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains
repositories of data ar has access to repositories of data that benefit criminal justice agencies in performing their duties.
Agency wants to access these data in support of its criminal justice duties.
The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which
it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
Term of Agreement
1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn.
�tat. § 16C.05, subdivision 2.
1.2 Expiration date: This Agreement expires five years from the date it is effective.
2 Agreement between the Parties
2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data
Communiaations Network (CJDl� and those systems and tools which the Agency is authorized by law to access via
the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2 Methods of access.
The BCA offers three (3) methods of access to its systems and tools. The methods of access are:
A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's
systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's
systems or tools.
B. Indirect access occurs when individual users at the Agenay go to another Agency to obtain data and
information from BCA's systems and tools. This method of access generally results in the Agency with indirect
access obtaining the needed data and information in a physical format like a paper report.
C. Computer-to-computer system interface occurs when Agency's computer exchanges data and information
with BCA's computer systems and tools using an interface. Without limitation, interface types include: state
message switch, web services, enterprise service bus and message queuing.
For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's
systems and tools as described in this Agreement. Agency will select a method of access and can change the
methodolagy following the process in Clause 2.10.
2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA will provide
Agency with access to the Federal Bureau of Investigation (FBn National Crime Information Center.
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2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies,
regulatians and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-
employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to
ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this
compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and
updated from time to time, are incorporated into this Agreement by reference. The policies are available at
www. dps.state.mn.us/cj dn/.
2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of
the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalo default.aspx.
2.6 Access granted. ,
A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is
eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii)
complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a
specific system or tool.
B. To facilitate changes in systems and tools, Agency grants its Autharized Representative autharity to make
written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice
obligations and for which Agency is eligible.
2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or
tools which may become available after the signing of this Agreement, to the extent that the aaaess is authorized by
applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement
that when utilizing new systems or tools provided under this Agreement.
2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making
information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing,
entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most
current applicable state and federal laws.
2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and
the Agency regarding aacess to and use of systems and tools provided by BCA.
2.10 Requirement to update information. The parties agree that if there is a change to any of the info�nation
whether required by law or this Agreement, the party will send the new information to the other party in wriring
within 30 days of the change. This clause does not apply to changes in systems or tools provided under this
Agreement.
This requirement to give notice additionally applies ta changes in the individual or organization serving a city as its
prosecutor. Any change in performance of the prosecutorial function needs to be provided to the BCA in writing by
giving notice to the Service Desk, BCA.ServiceDesk cr,state.mn.us.
2.11 Transaction record. The BCA creates and maintains a transaction recard for each exchange of data utilizing its
systems and taols. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there
must be a method of identifying which individual users at the Agency conducted a particular transaction.
If Agenay uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA's
transaction record meets FBI-CJIS requirements.
When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must
keep a transaction record sufficient to satisfy FBI-CJIS requirernents and permit the audits described in Clause 7 to
occur.
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If an Agency accesses and maintains data from the Driver and Vehicle Services Divisian in the Minnesota
Department of Public Safety, Agency must have a transaction record of all access to the data that are maintained. The
transaction record must include the individual user who requested aacess, and the date, time and content of the
request. The transaction reaord must also include the date, tirne and content of the response along with the destinatian
to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date
the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request.
2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court
Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber
Amendment, which upon execution will be inaorporated into this Agreement by reference. These BCA systems and
tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services
Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2,
below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission
of the Court Records delivered through the BCA systems and tools.
3 Payment
The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn.
Stat. § 299C.46 as specified in this Agreement. The Police Depariment pays for 1 line and S terminals. The bills are
sent quarterly for the amount of Seven hundred fifiy dollars ($750.00) or a total annual cost of Ttu-ee thousand dollars
($3,000.00).
Agency will identify its contact person for billing purposes, and will provide updated information to BCA's
Authorized Representative within ten business days when this informatian changes.
If Agency chooses to execute the Court Data Services Subscriber Amendment refened to in Clause 2.12 in order to
access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment.
4 Authorized Representatives
The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,
Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her
successor.
The Agency's Authorized Representative is Donovan Abbott, Chief, 6431 University Avenue NE, Fridley, MN SS432,
763-572-3629, or his/her successor.
5 Assignment, Amendments, Waiver, and Contract Complete
S.1 Assignme�it. Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 An:endments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in
writing and will nat be effective until it has been signed and approved by the same parties who signed and
approved the original agreement, or their suacessors in office.
5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the right to enforce it.
5.4 Co�:tract Co»:plete. This Agreement contains all negotiatians and agreements between the BCA and the Agency.
No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
6 Liability
Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
liable for the other party's actians and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. §
3.736 and other applicable ]aws govern the BCA's liability. The Minnesata Municipal Tort Claims Act, Minn. Stat.
Ch. 466, governs the Agency's liability.
�I 3
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7 Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting
pracedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or
Legislative Auditor, as appropriate, for a minimurn of six years from the end of this Agreement. Under Minn. Stat. §
6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of
BCA. The examination shall be limited to the boolcs, records, documents, and accounting procedures and practices
that are relevant to this Agreement.
7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure
cornpliance with laws, regulations and policies about access, use, and dissemination of data.
7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will
coo�erate with FBI examiners and make any requested data available for review and audit.
7.4 To facilitate the audits required by state and federal law, Agenay is required to have an inventory of the equipment
used to access the data covered by this Agreement and the physical location of each.
8 Government Data Practices
8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act,
Minn, Stat. Ch, 13, as it applies to all data accessible under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The rernedies of
Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data refened to in this clause by either the Agency or the
BCA.
8.2 Conrt Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in
Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding
data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules
of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties
aclrnowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with
the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.
All parties also acknowledge and agree that the use of, access to or subrnission of Court Records, as that term is
defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
restrictions must be followed in the appropriate circumstances.
9 Investigation of alleged violations; sanctions
For purposes of this clause, "Individual User" means an employee ar contractor of Agenay.
9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected
violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes
aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any
restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA
subject to any restrictions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
Amendment.
9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency
must determine if and when an involved Individual User's access to systems or tools is to be tempararily or
permanently eliminated. The decision to suspend or terminate acaess may be made as soon as alleged violation is
discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report
the status of the Individual User's access to BCA without delay.
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9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2,
BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is
remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause l 1.1 does not apply and
BCA may terminate this Agreement immediately.
9.� Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the
delivery of the systems and tools that are covered by the Court Data Services Subsariber Amendment, BCA is
required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed
by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered,
after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or
terminate may also be made based on a request from the Authorized Representative of Agency. The agreement
further provides that only the Court has the authority to reinstate access and use.
9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's
Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court.
Agency also understands that reinstatement is only at the direction of the Court.
9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of
the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur.
10 Venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federa]
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termi�zatio�:. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30
days' written notiae to the other party's Authorized Representative.
11.2 Termi�zatior: for Ii:sufficient Fu�:ding. Either party may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level
sufficient to allaw for the payment of the services covered here. Termination must be by written notice to the other
party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice
and effective date of termination. However, the BCA wil] be enritled ta payment, determined on a pro rata basis, for
services satisfactorily performed ta the extent that funds are available. Neither party will be assessed any penalty if
the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party
reaeiving that notice.
12 Continuing obligations
The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government
Data Practices; 9. Investigation of alleged violations; sanctions; and lO.Venue.
�15
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MN0020600
Tlze parties in�licate tlzeir agreeme�zt and autJiority to execr�te this Agreement by signing below.
1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
Jndividi�nl certifies tHa� fi�nds hnve been enc:r�nbered as required CRINIINAL APPREHENSION
Gy Minn. Stat. §§ 16A.15 and 16C-O5.
Name; Name:
(PRIN7ED) (PRINTED)
Signed:
Date:
CFMS Contract N�. A-
2. AGENCY
Name:
Signed:
Title:
(with delegated authority)
Date:
(PRINTED) 4. COIVIIVIISSIONER OF ADMINISTRATION
� delegated to Materials Management Division
Signed:
By: _
Title: Date:
(with delegated authority)
Date:
Name:
(PRINTED)
Signed:
Title:
(with delegated authority)
Date:
. �
�
t
crrr aF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2011
To: William W. Burns, City Manager ���
From: Deborah Dahl, Human Resources Director ��
Date:
Re:
March 25, 2011
CONTRACT WITH POLICE SERGEANTS
I am pleased to announce a settlement agreement has been reached between the City of Fridley and
the Police Sergeants bargaining unit (L.E.L.S. Loca1310) for the 2010 and 2011.
As you may recall, the City entered into negotiations in 2009 and continued through 2010,
however, an agreement was not reached and the Union certified for interest arbitration late last
year. The City and the Union averted fmal arbitration by agreeing to negotiate the contract during
a grievance mediation in February over the annual leave sell-back program, saving the City
valuable time and litigation costs.
The sergeant's have taken a vote and have approved the proposed settlement agreement, which is
attached, along with a Memorandum of Understanding (MOU) for your review and final Council
approval at the March 28, 201 l, Council meeting.
SUMMARY OF CHANGES:
�
3
Article 33 - Duration (Two years - 2010 and 2011)
Article 7.7 - Choice of Remedy
Language was added to reflect a"single alternative" choice of remedy for final grievance
resolution. The Employee will now only have one choice between the arbitration process
or similar hearing, such as the Veteran's Preference Hearing. This clause clarifies this
option, which was unclear since the dissolution of the City's Police Civil Service
Commission.
Article 16 — Insurance
Employees in this bargaining unit will receive the same insurance benefit package as all
other City employees, which includes the health, dental and life insurance package or the
alternatives for the cash option or annual leave benefit.
17
4. Article 18 — Uniforms
The City will provide an additional $50 per year for non-uniformed officers in the
Sergeant's contract, bringing the total contribution to $450 per year. Note: the City
provides uniforms for police patrol and sergeants, however, non-uniformed officers
(investigators and special units) are expected to provide their own clothing. At this time, it
only affects one employee.
5. Article 21 - Wages
In comparing wages of Fridley's sergeants to the City's established peer list, our research
found that our group trails behind the market (5-7%). As you would imagine, this became a
sticking point in negotiations. The City and union agreed to no cost of livin�adjustrnent
(COLA) for 2010 and 2011, however, given the significant gap in wages compared to other
sergeants in our peer group, the City and union agreed to a 1% market adjustment
beginning Jan. 1, 2010 if the other terms of the agreement could be reached. The group
also agreed that there would be no additional adjustment for 2011 and that rates would
remain the same.
The hourly rates for 2010 will go from $38.56 to $38.95 per hour (.39 per hour increase).
6. Article 25.4 - Annual Leave Sell-back Program
The union agreed to suspend the Annual Leave Sell-back program for 2010 and 2011 in a
Memorandum of Understanding (attached).
7. Article 30.1 - Compensatory Time
The City and Union agreed to increase compensatory time to 36 hours per employee
(currently it is at 24). This would keep this level same as the patrol officers.
8. Article 31.2 - Tuition Reimbursement Program
In the 2010 and 2011 budgets, the City wanted to achieve a 50% reduction in tuition
reimbursement. 'The Union agreed to reduce the reimbursement amount for 2010 and 2011
in a Memorandum of Understanding (attached) by allowing currently enrolled employees
continue at the full amount and not allow any new entrants into the program. This achieved
the 50% reduction in costs overall for the City. This is the same agreement reached with
the patrol union.
9. The last item was an agreement to allow sergeants the ability to sell back or exchange up to
32 hours of unused holiday pay for 2011. It has been a long-standing practice to a11ow
police officers and sergeants who had unused holiday pay to exchange up to 24 hours at the
end of the year. With the suspension of the annualleave sell-back program, this option (not
in the collective bargaining agreement) was impacted. The City agreed to expand this
option for 2011 only.
18
COSTS:
The increase in cost from 2009 for the proposed contract and MOU will be as follows:
Article
Choice of Remedy
Wages (includes overtime)
Comp Time (8 hours x 6 members)
Uniforms
Holiday Exchange (8 hours x 6 members)
Total
2010
0
5,634
1,851
50
0
$7,535
2011
0
0
1,851
50
1,851
$1,901
*The increase to insurance contributions mirrors all other employees and brings no additional
cost to this settlement above current levels.
ACTION NEEDED:
Staff is recommending that the City Council approve this agreement and MOU by resolution at the
March 28, 2011, Council meeting. I would be happy to attend the meeting and answer any
questions you may have.
� �
19
RESOLUTION NO. - 2011
A RESOLUTION APPROVING AND AUTHORIZING SIG1vING
AN AGREEMENT WITH SERGEANTS OF THE CITY OF
FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2010 & 2011
WHEREAS, the Law Enforcement Labor Services, Inc. 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 in good faith
regarding the requests of the Union and the City; and
WHEREAS, representatives of the Union and the City were not able to reach a formal agreement;
and
WHEREAS, both parties entered into mediation to settle the contract with no agreement being
reached;and
WHEREAS, a binding arbitration was in the process of being scheduled when both parties met to
resolve conduct another mediation to resolve si�c (6) individual grievances within the same
bargaining unit; and
WHEREAS, a formal agreement was reached on Feb. 25, 2011 to settle the grievances as well as
the 2010 and 2011 contract; and
WHEREAS, the 2010 & 2011 contract (Exhibit "A") is the result of that mediation and collective
bargaining process, and
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
(E�ibit "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
DAY OF , 2011.
SCOTT J. LUND — MAYOR
ATTEST:
20
DEBRA A. SKOGEN - CITY CLERK
"EXHIBIT A►'
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
2010 & 2011
�1
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
2010 & 2011
TABLE OF CONTENTS
ARTICLE PAGE
1. Purpose of Agreement 1
2. Recognition 1
3. Definitions 1
4. Employer Security g
5. Employer Authority 3
6. Union Security g
7. Employee Rights - Grievance Procedure 4
8. Savings Clause 7
9. Seniority 7
10. Discipline g
11. Constitutional Protection g
12. Work Schedules g
13. Overtime g
,.
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
��
10
10
11
12
12
12
12
13
13
14
14
14
16
16
18
18
18
18
19
20
LABOR AGREEMENT
BEZ'WEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
2010 & 2011
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 modified job class, the issue shall be
submitted to the Bureau of Mediation Services for determination.
Article 3. De�nitions
3.1 Union
124
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 Employer
The City of Fridley.
3.6 Chief
The Public Safety Director of the Fridley Police Department.
3.7 Union Off"icer
Officer elected or appointed by the Law Enforcement Labor Services, Inc.
3.8 Investigator/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.
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
l,
A period during the scheduled shift, in which the Employee remains on
continual duty and is respansible 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 modify 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.
3 26
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 R,epresentatives 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
�7
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
5 2$
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 modifying 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.
c. The fees and expenses for the arbitrator's services and proce�dings
shall be borne equally by the Employer and the Union provided that
each party shall be responsible for compensating its own
representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire a verbatim
record of the proceedings the cost shall be shared equally.
7.6 Waiver
If a grievance is not presented within the time limits set forth above, it shall
be considered "waived." If a grievance is not appealed to the next step within
the specified time limit or any agreed extension thereof, it shall be considered
settled on the basis of the Employer's last answer. If the Employer does not
answer a grievance or an appeal thereof within the specified time limits the
Union may elect to treat the grievance as denied at that step and
immediately appeal the grievance to the next step. The time limit in each
step may be extended by mutual written agreement of the Employer and the
Union in each step.
7.7 Choice of Remedy
If, as a result of the written Employer response in Step 2 or 2a, the grievance
remains unresolved, and if the grievance involves the suspension, demotion
or dischar�e of an Employee who has completed the required probationary
period, the grievance may be appealed either to Step 3 of Article 7 or to
another procedure such as Veteran's Preference or Fair Emplovment. If
appealed to an�procedure other than Step 3 of this Article, the grievance is
not subject to the arbitration procedure as provided in Step 3 of Article 7.
The aggrieved Employee shall indicate in writing which procedure is to be
. ti!
,
utilized - Step 3 of Article 7
statement to the effect that t
the aggrieved Employee from
Article 7.
or an alternate procedure - and shall sign a
he choice of the alternate procedure precludes
making a subsequent appeal through Step 3 of
Except with respect to statutes under jurisdiction of the United States Equal
Opportunity Commission, an employee pursuing a statutory remedy is not
precluded from also pursuing an appeal under this grievance procedure. If a
court of competent jurisdiction rules contrary to the ruling in EEOC v. Board
of Governors of State Colleges and Uniuersities, 957 F.2d 424 (7th Cir.), cert.
denied, 506 U.S. 906. 113 S.Ct. 299(1992), or if Board of Gouernors is
judiciallv or legislatively overruled, this para r�aph of this Section shall be
null and void.
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
7 30
Classiiication Seniority.
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 1st, 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;
c. 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.
�1
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
working.
9 32
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 (3) hours prior to the time scheduled for the
Employee's appearance in court. The Employee will be compensated for three
(3) 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 three (3)
hours at their base rate of pay.
14.3 The business day notice applies to all court cases for which the Employee
receives notice resultix�g 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.
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.
;�K
Article 16. Insurance
16.1 For the calendar year 2010, for Employees who choose single coverage in the
Base Plan, the Employer will contribute up to $519.59 per month per
employee toward the health insurance premium or an amount equal to that
provided to non-union employees, whichever is greater, in accordance with
the Employer's Flexible Benefit Plan. For the calendar year 2011, for
Employees who choose single coverage in the Base Plan, the Employer will
contribute up to $539.88 per month per employee toward the health
insurance premium or an amount equal to that provided to non-union
employees, whichever is greater, in accordance with the Employer's Fle�ible
Benefit Plan.
16.2 For the calendar year 2010, for Employees who choose dependent coverage in
the Base Plan, the Employer will contribute up to $1,103.33 per month per
employee toward the health insurance premium, or an amount equal to that
provided to non-union employees, whichever is greater, in accordance with
the Employer's Flexible Benefit Plan. For the calendar year 2011, for
Employees who choose dependent coverage in the Base Plan, the Employer
will contribute up to $1,146.40 per month per employee toward the health
insurance premium, 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 2010, for Employees who choose the high deductible
health plan and health reimbursement arrangement (HRA), the Employer
will contribute $411.15 per month toward the single health insurance
premium and $1,003.33 toward dependent health insurance premium, or an
equal amount to that provided to non-union employees, whichever is greater,
in accordance with the Employer's Flexible Benefit Plan. For the calendar
year 2011, for Employees who choose the high deductible health plan and
health reimbursement arrangement (HR,A), the Employer will contribute
$439.88 per month toward the single health insurance premium and
$1,046.40 toward dependent health insurance premium, or an equal amount
to that provided to non-union employees, whichever is greater, in accordance
with the Employer's Flexible Benefit Plan.
16.4 For the calendar year 2010, for Employees who choose the high deductible
health plan and health reimbursement arrangement (HRA), the Employer
will contribute $100 per month toward the VEBA Trust Account, or an equal
amount to that provided to non-union employees, whichever is greater, in
accordance with the Employer's Flexible Benefit Plan. For the calendar year
2011, for Employees who choose the high deductible health plan and health
reimbursement arrangement (HR,A), the Employer will contribute $100 per
month toward the VEBA Trust Account, or an equal amount to that provided
to non-union employees, whichever is greater, in accordance with the
Employer's Flexible Benefit Plan.
1134
16.5 For the calendar year 2010, for Employees who choose the high deductible
health plan and healthcare savings account (HSA), the Employer will
contribute $419.59 per month toward single health insurance premium and
$1,003.33 toward the dependent health insurance premium, or an equal
amount to that provided to non-union employees, whichever is greater, in
accordance with the Employer's Flexible Benefit Plan. For the calendar year
2011, for Employees who choose the high deductible health plan and
healthcare savings account (HSA), the Employer will contribute $439.88 per
month toward the single health insurance premium and $1,046.40 toward the
dependent health insurance premium, or an equal amount to that provided to
non-union employees, whichever is greater, in accordance with the
Employer's Flexible Benefit Plan.
16.6 For the calendar year 2010, for Employees who choose the high deductible
health plan and healthcare savings account (H.S.A.), the Employer will
contribute $100 per month toward the H.S.A. Account, or an equal amount to
that provided to non-union employees, whichever is greater, in accordance
with the Employer's Flexible Benefit Plan. For the calendar year 2011, for
Employees who choose the high deductible health plan and healthcare
savings account (H.S.A.), the Employer will contribute $100 per month
toward the H.S.A., or an equal amount to that provided to non-union
employees, whichever is greater, in accordance with the Employer's Flexible
Bene�it Plan.
16.7 For the calendar years of 2010 and 2011, for Employees who choose dental
coverage, the Employer will contribute up to $22 per month toward the
dental insurance premium, or an amount equal to that provided to non-union
employees, whichever is greater, in accordance with the Employer's Flexible
Benefit Plan.
16.8 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 $4.25
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.
16.9 For 2010 and 2011, 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 $415.67, 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.
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 $450.00 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 2010 & 2011 (amounts may be
rounded to two decimal points):
Jan. 1, 2010: $38.95 per hour
Jan. 1, 2011: $38.95 per hour
21.2 Specialty Pay - Any sergeant assigned to investigation will be compensated
an additional $225 per month.
i�6
Article 22. Separation Benefit Plan
22.1 Effective January 1, 1986, upon separation of employment, the City of
Fridley will pay a separation beneiit to any employee hired before that date
who has been continuously employed ten (10) years or more as a full-time
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 1st 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
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 on� (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
amount in lieu of severance pay. If upon conversion to the annual leave plan
15 38
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 for the
City's 457 Deferred Compensation Plan 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
pay.
26.3 Employees, with approval, may use accumulated holiday leave time in any
hourly increment the Employee chooses.
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 base 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 comm ncing on the
twenty-first (21st) consecutive working day on which the Em loyee is absent
(after absence for 160 consecutive regularly scheduled worki g hours) due to
a physician-certified illness or injury off the job, and continu' g until the
Employee returns to work able to carry out the full duties an responsibilities
of the Employee's position or through the one hundred tenth 110th) working
day (880th regularly scheduled working hour) of absence whi hever occurs
first. Such an �Employee shall also be entitled to full pay com encing on the
eleventh (llth) consecutive working day on which the Emplo ee is absent
(after absence for eighty consecutive regularly scheduled wor ing hours) due
to a physician-certified illness or injury on the job and contin ing until the
Employee returns to work able to carry out the duties and re ponsibilities of
the Employee's position or through the one hundredth (100t working day
(800th regularly scheduled working hour) of absence, whiche er occurs first.
The amount of any compensation for the short-term disabilit benefit shall be
reduced by any payment received by the disabled Employee f om workers'
compensation insurance, Public Employees Retirement Asso 'ation disability
insurance, or Social Security disability insurance. Payment o short-term
disability benefit by the City to an Employee shall not excee ninety (90)
working days (720 working hours) for any single illness or inj ry, regardless
of the number and spacing of episodes. The annual leave bal nce of an
Employee receiving short-term disability benefit shall not be educed nor
shall such Employee accrue annual leave during that period.
27.2 Before any short-term disability payments are made by the ]
Employee, the Employer may request and is entitled to recei
signed by a competent physician or other medical attendant
fact that the entire absence was, in fact due to the illness or :
otherwise. The Employer also reserves the right to have an e
made at any time of any Employee claiming payment under �
disability benefit. Such examination may be made on behalf
by any competent person designated by the Employer when 1
deems the same to be reasonably necessary to verify the i11nE
claimed.
iployer to an
a certificate
rtifying to the
iury and not
�mination
e short-term
the Employer
� Employer
� or injury
27.3 If an Employee hired before January 1, 1984, has received pa ments under
the injury-on- duty provisions of previous contracts, the num er of days for
which payment was received will be deducted from the numb r of days of
eligibility for coverage under short-term disability for that sa e injury.
17 40
Article 28. Bereavement Leave
�:
Bereavement leave will be granted to full-time Employees u to a maximum
of twenty-four (24) scheduled hours. Bereavement Leave is anted in case of
deaths occurring in the immediate family. For this purpose, immediate
family is considered to include those individuals (either by b od or by law)
such as: spouse, children, parents, brothers, sisters, grandpa ents,
grandchildren, parents in-laws, brothers in-law, and sisters '-law.
28.2 The City will allow union employees to follow current practi
employees, which gives Employees an option to appeal direc
Manager for additional time off if extenuating circumstance
Article 29. Jury Pay
29.1 It shall be understood and agreed that the Employer shall X
full-time Employees serving on any jury the difference in sa
pay and the Employee's regular salary or pay while in such
Article 30. Compensatory Time
:s for non-union
y to the City
prevail.
all regular
y between jury
30.1 Management reserves the right to approve compensatory tim in lieu of
overtime pay. Compensatory time shall not be accumulated n excess of
thirty-six (36) hours, and must be used within the calendar y ar 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 educa
on the following criteria:
a. The training course must have relevance to the Em
anticipated career responsibilities;
b. Attendance shall be at an institution approved by the
course must be approved by the Chief.
c. Financial assistance will be extended only to courses of�
accredited institution. This includes vocational schools,
of Business, etc.
31.2 Pro�rams Financial Policy
Financial assistance not to exceed the amount of two thousar.
hundred, twenty-five dollars ($2,925.00) per Employee per ye
extended to cover the cost of tuition, required books or educat
and required fees related to the course. Charges for student �
0
courses based
present or
The
by an
r�esota School
nine
will be
materials,
membership, student health coverage and other charges for
student receives some item or services other than actual ins�
be paid. The Employer will pay fifty percent (50%) of the co;
advance of the Employee's actual participation in the course
Employee shall pay fifty percent (50%) of the cost. Upon suc
completion of the course, an Employee will be required to pr�
a certification of satisfactory work. Satisfactory work is defi
�
I�
c.
In courses issuing a letter grade, a C or above is req
In courses issuing a numerical grade, seventy percent
required.
In courses not issuing a grade, a certification from the
the student satisfactorily participated in the activities
required.
31.3 If the Employee satisfactorily completes the course, the Em
reimbursed for the additional fifty percent (50%) of the tuiti
the Employee obligated himself or herself in the approved a
as for the cost of any course required books, educational ma
the Employee fails to satisfactorily complete the course, the
not be reimbursed for these costs.
31.4 The program will not reimburse the Employee for the hours
spends in class, only for the tuition.
31.5 Expenses for which the Employee is compensated under so:
educational or assistance program, such as the GI bill, will
hich the
uction will not
of tuition in
nd the
�ssful
�ent to the Chief
�d as follows:
�
) or above is
structor that
the course is
�yee will be
i cost for which
�lication as well
rials or fees. If
mployee will
Employee
other
; be covered.
31.6 The City will not pay tuition or other costs for those courses, �vhich 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, t the extent
inconsistent with the provisions of this Agreement, are hereb superseded.
32.2 The parties mutually acknowledge that during the negotiati�
resulted in this Agreement, each had the unlimited right an�
make demands and proposals with respect to any term or co
employment not removed by law from bargaining. All agree.
understandings arrived at by the parties are set forth in wri
Agreement for the stipulated duration of this Agreement. Tr
the Union each voluntarily and unqualifiedly waives the rig]
negotiate regarding any and all terms and conditions of emp
19 42
is, which
opportunity to
iition of
�ents and
ng in this
Employee and
; to meet and
�vment referred
to or covered in this Agreement or with respect to any term r condition of
employment not specifically referred to or covered by the Ag eement, even
though such terms or conditions may not have been within t e knowledge or
contemplation of either or both of the parties at the time thi contact was
negotiated or executed.
Article 33. Duration
33.1 This Agreement shall be effective as of first day of January, 010, and shall
remain in full force and effect through the thirty-first day of ecember, 2011.
In witness whereof, the parties hereto have executed this A eement on this
day of , 2011.
Signatures:
FOR CITY OF FRIDLEY
Scott J. Lund, Mayor
William W. Burns, City Manager
(Date)
(Date)
Deborah K. Dahl, Human Resources Director (Date)
Donovan W. Abbott, Public Safety Director (Date)
FOR LAW ENFORCEIVIENT LABOR SERVICES,
Adam Burnside, LELS Business Agent
Jeff Guest, Steward
J '�
G
(Date)
(Date)
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOLn is an Agreement entered into b tween the City of
Fridley (hereinafter, "City") and Law Enforcement Labor Services, Inc. Loca1310 (hereinafter,
"Union"). This MOU represents the mutual understanding of the parties reg rding the tuition
reimbursement and annual leave sell back programs.
WHEREAS, the City and the Union are parties to a 2010-2011 collective bar aining agreement
(hereinafter, "CBA"); and
WHEREAS, Articles 25.4 and 25.5 of the CBA state, "Once a year, at a time esignated by the
City, an Employee will have the opportunity to exchange up to five (5) days ( 0) hours of
accumulated annual leave for cash;" and
WHEREAS, Article 31.2 of the CBA states, "Financial assistance not to exce d the amount of two
thousand, nine hundred, twenty-five dollars ($2,925) per Employee per year ill be extended to
cover the cost of tuition..."
WHEREAS, past practice (not recognized in the CBA) has allowed
three days or (24) hours of unused holiday pay for cash;
NOW, THEREFORE, the parties agree as follows:
to exchange up to
1. Employees will not be able to sell back any annual leave in 2010 or 2011. The Agreement will
be in effect until December 31, 201 L
2. Employees currently enrolled in the tuition reimbursement program will remain enrolled for
2010 and 2011, however, no new employees will be enrolled in the progr . This Agreement
will be in effect until December 31, 2011.
3. Employees will be able to exchange up to thirty-two (32) hours of unused 2011 Holiday Hours
for cash as of 12/31/2011.
4. After December 31, 2011, this MOU will expire and sunset, the contract nguage will then
be in full force and effect.
IN WITNESS WHEREOF, the parties have caused this memorandum of Ag�eement to be
executed this day of , 2011.
FOR LAW ENFORCEMENT
LABOR SERVICES, INC.
LOCAL #310
FOR THE CITY
OF FRIDLEY
Adam Burnside, Agent Date Scott J. Lund, Mayor
Jeff Guest, Steward Date William W. Burns, City Manager
Donovan W. Abbott, Director Pu
Deborah Dahl, Human Resources
..
Date
Date
Safety Date
rector Date
FRIDLEY COMMISSION TE
Term
Present Members Ex ires Appointee
PLANNING GOMMISSION (Chapter 6) (7 Members - 3 Year Term)
GENERAL Dave Kondrick 4-1-12
CHAIR
VICE-CHAIR LeRoy Oquist 4-1-13
AT-LARGE See Environme tal Quality and
CHAIR Jack Velin 4-1-11 Energy Commis ion.
ENVIRON.
QUALITY
CHAIR Brad Sielaff 4-1-12
APPEALS
CHAIR Marcy Sibell 4-1-12
PARKS
& REC.p
AT LARGE Dean Saba 4-1-13
AT LARGE Brad Dunham 4-1-11
APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term)
CHAIR Brad Sielaff 4-1-12
Blaine Jones 4-1-13
CHAIR
Matthew Brown 4-1-12
Christopher Anderson 4-1-11
Del Jenkins 4-1-11
ENVIRONMENTAL QUALITY (Chapter 6) (7 Members — 3 Year
AND ENERGY COMMISSION
Jack Velin 4-1-11
Richard Svanda 4-1-12
Martina Nelson 4-1-12
Paul Westby 4-1-13
Vacant 4-1-13
Vacant 4-1-13
Vacant 4-1-11
45
Term
Present Members Expires Appointee
PARKS AND RECREATION COMMISSION (Chapter 6) (5 Mem
CHAIR David Kondrick
Marcy Sibell
Tim Solberg
Michael Heintz
MicMele Barrett
4-1-12
4-1-12
4-1-13
4-1-13
4-1-11
�.
Yr. Term)
�
�
CITY OF
FRIDLEY
AGENDA ITEM
COUNCIL MEETING OF MARCH
CLAIMS
CLA1 MS
150057 - 150190
47
, 2011
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� AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2011
F° a °� LICENSES
TYPE OF LICENSE: APPLICANT: `'APPR4�IED B�:
Rec clin & Solid Waste Waconia Roll Off, Inc. Public Safe
(New) Class IV Randy Peitz Recycling Coordinator
City Clerk
Food & Tobacco TK Grocery Store, Inc. Public Safety
(New) 6530 East River Road Recycling Coordinator
Karima A.Basha Ci Clerk
58
` AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2011
�°F LICENSES
FRIDLEY
59
�
L
CRY OF
FRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2011
William W. Burns, City Manager !�`�
�
Donovan Abbott, Public Safety Director
John Berg, Fire Chief
March 24, 2011
Resolution in Support of Anoka County Joint �,aw Enforcement
Council Public Safety Data System
This memo is written to request Council to adopt a resolution in support of a new integrated public safety
data system being developed by the Anoka County Joint Law Enforcement Council (JLEC).
The City of Fridley, with its police department, is a member of the Anoka County Joint Law Enforcement
Council, which was formed nearly 40 years ago for the purpose of improving public safety effectiveness
and efficiency by cooperatively providing some services. One of the shared services we utilize
extensively is the police records management system (RMS). The current RMS system has been in place
over 12 years now. It is time to replace this aging application with a newer and more capable system.
This provides the opportunity to upgrade or replace the 911 center's Computer Aided Dispatch (CAD)
application, integrate fre records, provide expanded critical emergency management data, and include
jail records to create one fully integrated public safety information system. Whether this system will be
one large system or a series of integrated applications will be determined during the first phase of the
project. Our desire and intent for Anoka County's public safety entities is to create an information
systems envir"onment that provides a seamless flow of information from the first 911 call to the ultimate
end user of the information. This type of project is exactly what the JLEC exists to do on behalf of the
residents of Anoka County and the City of Fridley.
As part of this project, the JLEC and the Anoka County Board have caused bills to be introduced in the
Minnesota Senate and House revising the special authority given to the County to fund the 800 mhz radio
project in 2002. The proposed changes to MSS 383E would allow the County to bond for the records
projects, as well as future countywide public safety projects.
The Anoka County Board supports this project as does the Anoka County Fire Protection Council. A1121
communities in Anoka County are being asked to adopt similar resolutions. This resolution does not
obligate the City of Fridley to any fmancial participation. It is simply a statement of support of the
concept and goal of the JLEC's project and of the revision to Minnesota law authorizing Anoka County to
issue bonds to fund the project.
Representatives of the JLEC, including Anoka County Attorney Tony Palumbo, will be attending this
meeting to present more information about the project and answer questions.
Staff has attached an additional information sheet and a draft resolution for Council's consideration and
recommends adoption.
.1
RESOLUTION NO.
RESOLUTION IN SUPPORT OF THE ANOKA COUNTY
JOINT LAW ENFORCEMENT COUNCIL'S PUBLIC
SAFETY DATA SYSTEM
WHEREAS, the Anoka County Joint Law Enforcement Council (JLEC) was formed to benefit the public
safety of the citizens of Anoka County; and
WHEREAS the JLEC has nearly four decades of experience successfully creating and managing shared
services for its member communities;
WHEREAS, the City of Fridley has actively participated in the JLEC through the participation of our
chief law enforcement officer and our elected officials; and
WHEREAS, the safety of the public and police and fire personnel will be enhanced by improvements in
the speed and accuracy of shared public safety information systems; and
WHEREAS, the public safety databases are aging and outdated, do not support effective data sharing, and
do not support data archiving and crime analysis activities, and
WI�REAS, significant public safety staff resources may be redirected from redundant data entry to more
effective public safety efforts; and
WHEREAS, both residents of and public safety agencies in Anoka County have benefitted from
improved public safety, increased effectiveness, and resource conservation due to the resulting economies
of scale provided by shared and consolidated services; and
WHEREAS, the JLEC desires to implement a comprehensive shared public safety information system in
Anoka County whereby law enforcement, fire, jail, dispatch, and emergency preparedness data may be
maintained and shared; and
WHEREAS, the JLEC and the Anoka County Board support a legislative change to allow the use of the
specific bonding authority provided in Minnesota Statute 383E to fund county-wide public safety
projects;
NOW, THEREFORE, be it resolved that the City Council of the City of Fridley does with this action,
support and endorse a countywide integrated public safety information system; and
BE IT FURTHER RESOLVED that the City Council does hereby support the expansion of the public
safety bonding authority provided by MSS 383E to county-wide public safety projects as provided for in
HF 429 and SF 275.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28� DAY
OF MARCH, 2011.
SCOTT J. LLJND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK 61
Anoka County Public Safety Data System
Who is involved in this project?
The Anoka County Joint Law Enforcement
Council (JLEC) is a joint powers entity �
comprised of all chief law enforcement officers, the sheriff, county � ` � i
attorney, a fire chief, together with county commissioners and city
council members. The JLEC has a successful 40-year track record of fostering and managing shared
criminal justice programs and consolidated services including major crimes investigation, a
consolidated police records system for all 11 law enforcement agencies, and a county-wide dispatch
center. For this project, we are working together with the Anoka County Fire Protection Council as
well
What is the project?
The JLEC is seeking to update the public safety records and information
systems. To fund this project, we are seeking to revise the bonding authority
granted to the Anoka County Board for the implementation of 800 mhz radio
communications in 2002 so that the same mechanism can fund future
countywide public safety initiatives.
The project currently in development would replace or upgrade several dated
critical public safety records and information service applications in the
communications/dispatch center, the police records system, fire service dispatch
and records systems, and jail records. The vision for the future of Anoka County's public safety
information systems is one of further consolidation and complete integration providing for seamless
collection, dissemination, archiving, and analysis of public safety data. We want the right people to
have the right data at the right time.
The JLEC and the Fire Protection Council will be seeking other funding sources for this project
including grants, but we anticipate that bonding will be necessary. The JLEC has proposed
legislation, with County Board approval, to revise Minn. Stat. §383E.21 which permitted the tax for the
public safety levy for 800 mhz radio to appear on a separate line item on property tax statements.
This allows our citizens to know exactly where those tax dollars are being spent.
Why is the JLEC proposing this project?
Currently, public safety information systems in Anoka County are fragmented with
different systems being utilized by different disciplines. Call records in the 911 center
are not integrated with either police or fire records, requiring either cumbersome "work-
arounds" or manual re-keying of already entered data. The countywide law
enforcement records system is at the end of its lifespan and does not provide records
management for fire or emergency management. Anoka County's jail records require
officers to handwrite data already entered into the police records system so that it may
be re-keyed into the jail records system. Each time data is transferred from one
system to the next, time is wasted and errors may be introduced. Additionally, because of errors in
our records across these multiple systems, Anoka County had the highest rate of suspense files in
the metro area in 2010, with 14% of our criminal records not being recorded properly due to data
errors. Metro counties with better integration of their systems have rates around 5%. We are
concerned that we do not have accurate criminal �pry data as a result.
How will new systems be selected?
To begin the process of selecting a new system, the first phase of the project will be an extensive
needs analysis of law enforcement, fire, dispatch, jail and emergency management. This needs
assessment will focus not only on what information needs to be stored by each of the individual
system but also on how the systems need to communicate with each other and with external sources.
We will be seeking to identify the areas in which we can become more efficient and effective in
serving the public without increasing staff. The outcomes of the first phase of the project witl be a
comprehensive needs analysis, a projected cost and timeline for the project, and one or more RFP's
to seek a vendor or vendors which can meet the needs identified in the needs analysis.
When will the new systems be implemented?
Currently, we only have a time estimate of the first phase of the project. We anticipate approximately
six months for completing the needs analysis as well as developing the RFP and the RFP selection
process. At the beginning of the second phase of the project, we will develop and agree upon
timelines prior to contracting with any vendors.
How will this project be funded?
The funding for the first phase of the project has already been secured from multiple
sources including the JLEC and the Fire Protection Council. The cost of the second
�_� phase of the project is currently estimated between $3,500,000 and $5,500,000. A
recent project in another metro city that included only law enforcement records
system and dispatch cost $1,800,000. We believe that through collaboration and
utilization of a shared system, we can not only serve the public more efficiently and
effectively, but we can also realize a significant cost savings though the implementation of a shared
system. For the second phase of the project, we will be seeking a variety of funding sources including
grants, but ultimately bonding will be required.
As noted above, we are seeking a legislative change to allow for the use of the same funding
mechanism used for the 800 mhz project. To this end, members of Anoka County's legislative
delegation have introduced SF 275 and HF 429. This will allow the taxpayer to see the cost of the
county-wide public safety records and information system on a separate line on their tax statement.
These bills enjoy overwhelming bipartisan support from our legislators as well as the Anoka County
Board. Presently the bonds for 800 mhz project will be paid off in 2012. Based on the timing of this
project, the payment on the bonds would begin in 2013. Therefore, homeowners will still see a
significant decrease on this line item in 2013. The exact amount of the decrease is not known at this
time because the final cost of the project has not been determined, nor do we know the amount of
grant funding that will be available. However, the cost of the 800 mhz project for a$200,000 home in
Anoka County was approximately $7.00 per year. That project was 10.2 million dollars over ten
years. The current project is projected to be about half the cost of the 800 mhz project.
What support to we need from cities?
We are seeking the support of Anoka County cities for 1) the legislative change to allow for
transparency in the property tax statements regarding the funding of this project; and 2) the update of
the public safety records systems. We are not seeking new funding from the cities for this project.
Questions or Comments?
Don Abbott Chris Olson Kate McPherson
Fridley Police Chief/ Blaine Police Chief/ Assistant County Attorney/
Committee Chair Committee Chair Head of Operations
abbottd(c�ci.fridley.mn.us COIsonCa�ci.blaine.mn.us n
763-572-3625 763-785-6196 3-323-5592
Jerry Streich
Centennial Fire Chief/
JLEC Committee Member
iem. streichCc�centen nialfire.org
651-792-7901
�
�
CRY OF
FRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2011
��.
William W. Burns, City Manager �t•
Jack Kirk, Director of Parks and Recreation
March 16, 2011
Proposed Locke Park Redevelopment by Anoka County Parks
The Anoka County Parks Department is proposing some redevelopment to Locke Park,
which is city park land that is operated and maintained by the County as per a joint
powers agreement signed in 1980. The improvements being planned include a complete
replacement of the roads and parking surfaces in the park. Proper water drainage and
ponding areas adjacent to the roads and parking will be included. The project also
includes a possible relocation of the existing dog park to another area of the park.
The Parks and Recreation Commission heard a presentation on the proposed changes to
Locke Park at the November 1, 2010 Commission meeting. The Commission members
were in agreement with the changes and passed a motion of support. I am attaching the
section of the minutes from that meeting as they pertain to this item.
At the March 28, 2011 City Council meeting, I am expecting John VonDeLinde, Director
of Anoka County Parks and Recreation, to present information to the City Council
regarding these proposed improvements to the park.
In keeping with our Joint Powers Agreement with the County, capital improvements made
by the County to the park shall be approved in writing by the City Council. I recommend
that the City Council approve the attached resolution of support for the improvements to
Locke Park as proposed by Anoka County Parks.
.-
RESOLUTION NO.
RESOLUTION SUPPORTING THE CHANGES AND IMPROVEMENTS TO
LOCKE PARK BEING PROPOSED BY ANOKA COUNTY PARKS AND
RECREATION DEPARTMENT
WHEREAS, Locke Park is a city of Fridley Park that for many years has served as a popular picnic
and recreational destination for all residents of Anoka County, and
WHEREAS, the regional trail that runs through Locke Park is one of the most heavily used trails in
the metropolitan twin cities area, and
WHEREAS, Anoka County has operated and maintained Locke Park for the past thirty years under a
joint powers agreement signed in 1980, and
WHEREAS, Anoka County has done a good job taking care of the Locke Park facilities and made
some excellent improvements to the park through the years, and
WHEREAS, the original roads and parking surfaces in Locke Park are now badly in need of total
replacement, and
WHEREAS, the improvements to the roads, parking lots, regional trail and dog pazk in Locke Park
as proposed by Anoka County Parks will serve area residents well for many years to come, and
WHEREAS, Anoka County Parks has been awarded an$850,000 grant from the Metropolitan
Council regional parks system capital improvements program to make the needed improvements in
Locke Park, and
WHEREAS, the joint powers agreement authorizes Anoka County to make capital improvements to
Locke Park with the approval of the Fridley City Council,
NOW THEREFORE, BE IT RESOLVED that the City of Fridley City Council supports the changes
and improvements to Locke Park being proposed by the Anoka County Parks and Recreation
Department.
BE IT FURTHER RESOLVED, that the City Council of the City of Fridley gives approval to Anoka
County to proceed with the improvements to Locke Park commencing work in the spring of 2011.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28�
DAY OF MARCH, 2011.
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
65
SCOTT J. LUND — MAYOR
Parks and Recreation Commission Meetinq — November 1, 2010 Paqe 3
Mr. Kirk further stated that the annual Pumpkin Night in the Park was a big success with 3,381
people attending — the second most ever. There were 562 total volunteers that contributed
over 1,700 combined hours of work to make this event happen.
Mr. Solberg asked if the City had ever thought of creating another seasonal event such as this
to bring in some additional revenue. He thought there may be another opportunity out there
that could benefit the City and the Parks and Recreation Department.
Mr. Kirk stated that we do have the Winterfest event in January and the Spring Fling at
Springbrook in the spring of the year. Those events are currently not on the same level as the
Pumpkin night as far as attendance.
d. Fridley 49er Days
Mr. Kirk stated that he placed this on the agenda for information purposes. The Fridley 49er
Days event is in need of leadership, as the President for the past six years has resigned. It
looks like the Fridley Lions Club is going to provide some leadership to the 49er Days, much
like the Columbia Heights Lions run the Heights Jamboree celebration each year. They are
willing to try this for a one year period and they will still be working with other community
organizations to make this event happen.
2. NEW BUSINESS
a. Locke Park Redevelopment Concept — Anoka County Parks
Mr. Kirk stated that Locke Park is actually a City of Fridley park that has been operated and
maintained by Anoka County for the past 30 years under a joint powers agreement. Locke
Park has always had a regional draw and the large picnic shelter at the park would bring in
groups from all over the county. The regional draw and the regional trail that runs through the
park made Anoka County Parks a better fit to be scheduling and operating this facility.
Mr. Kirk further stated that the long term agreement with Anoka County has worked out very
well. They have taken good care of the park and made some excellent improvements to the
facilities.
Mr. Kirk stated that the County is looking at making some additional improvements to the park
next year and, as per the agreement, they are bringing these proposed improvements to the
City for comments and approval.
Mr. VonDeLinde stated the County has enjoyed their relationship with the City of Fridley for
Locke Park. It has been an important component of the park system, with the joint powers
agreement dating back to the late 1970's. The agreement basically says that the County will
build, maintain and operate the park. The City will provide the land and will provide period
review of plans, along with input on how the park is governed. Whenever the County makes
changes or improvements to the park, they are to come to the City for review of the plans.
The City Council would have the opportunity to approve any changes before they take place.
So they are here tonight to show and explain the improvements that they are proposing for
Locke Park. 66
Parks and Recreation Commission Meetinq — November 1, 2010 Paqe 4
Mr. VonDeLinde stated the last time they made improvements at the park was about ten years
ago when they replaced the picnic shelter building, added some new play equipment, put in
some new trail access in the park and added another small picnic shelter.
Mr. VonDeLinde further stated that a tidbit of information that the Commission may find
interesting is that that Regional trail is one of the most heavily used in the metro area. If you
add up the use on the section of trail from the Mississippi River, through Locke Park, all the
way into Ramsey County at Long Lake Regional Park, there are about 550,000 uses of the
trail each year. That is more visitors than the County sees in a year at Coon Rapids Dam Park
and is almost as many visits as Bunker Hills Park each year.
Mr. VonDeLinde stated that about five years ago, in response to requests from residents in
Fridley and elsewhere in the County, they added a dog park on the east side of Locke Park. It
was the County's first dog park and it has operated quite successfully. It gets a lot of use.
Mr. VonDeLinde stated the roads and the parking lots in Locke Park have been there for many
years. They may be the original roads and parking lots and they are in need of replacement.
The Anoka County staff went to the Metropolitan Council to request funds to have
improvements at Locke Park placed on the regional system capital improvements schedule.
In the 2009 legislative session, the legislature did approve $850,000 for improvements in
Locke Park. The County has hired Pioneer Engineering to do the planning for these
improvements and they would like to have the work started next spring, with substantial
completion of the project by next June.
Mr. VonDeLinde stated the reconstruction of the roads and parking lots would be a major
component of the project, but it has been expanded to include potential moving of the dog
park and relocation of the smaller picnic shelter.
Ms. Blaska stated that the existing road way in the park is finro separated lanes that are sixteen
to eighteen feet wide. There have been some drainage issues with the roadway surface and
the parking is very heavily weighted to the east end of the park. This project would re-do
these impervious surfaces, reconfigure the parking lots, and actually bring the two lanes of
tra�c together into a single finrenty four foot wide two-way tra�c flow.
Ms. Blaska stated the existing roadway in the park is basically a drag strip, as it is a long and
straight strip of asphalt. They would like to meander the road in the park to make it a more
pleasant drive in the park. The existing smaller picnic shelter that is on the western end of the
park does not get much use, likely because it is further away from the restroom facility. They
would like to move it to the east end of the park.
Ms. Blaska also stated that the parking lot adjacent to the community gardens would be
reconstructed for about finrenty five parking spaces, which is down just slightly from the thirty
spaces it has today. They would shift the dog park to the center part of the park from the far
east end and add a parking area adjacent to it. The long linear parking lot on the east end of
the park would be recon�gured as well.
67
Parks and Recreation Commission Meetinq — November 1, 2010 Paqe 5
Mr. VonDeLinde stated that the east parking lot would also be moved about 300 feet to the
west, which means they would use less bituminous in the construction project and save on
long term maintenance. It would also reduce the amount of impervious runoff.
Ms. Sibell asked if there would be any changes to the regional trail system that runs through
the park.
Ms. Blaska stated that the relocation of the dog park would require some trail modifications in
the area, but they had adequate space to accommodate the dog park and the trail.
Mr. VonDeLinde stated that one of the objectives in the proposed relocation of the dog park is
to provide a larger dog park area. Since they have opened the current dog park and have
seen the large number of users, they believe the park needs more space and more capacity.
One way to accommodate that would be to move it to the center portion of the park.
Mr. Kondrick stated that he liked the proposed ideas for improvements to Locke Park being
made by Anoka County. The dog park gets a lot of use and could be a larger facility. It makes
sense to move the smaller picnic shelter closer to the restrooms and play equipment. He also
was glad to hear about the parking lot and road improvements.
Ms. Kondrick asked if there would be ample benches along the trail system for people to stop
and rest.
Ms. Blaska stated that they currently have benches along the trail and will look at the need to
adding a few more.
Mr. VonDeLinde asked if the City has any future plans to expand the community garden plot
area or other improvements that may impact the need for parking on the west end of the park.
Mr. Kirk stated that he
The City does have a
require much parking.
did not believe there were many options to expand the garden area.
small archery area just south of the garden area, but that does not
Mr. VonDeLinde stated that the County would give the City advance notice of the work to be
completed, so the City could notify the community garden participants of the project.
Mr. Solberg asked if the funding for the project was in place or if the potential existed for it to
be taken away.
Mr. VonDeLinde stated it was approved and they have already started spending it with the
hiring of Pioneer Engineering to do the plans and specifications. They already have grant
agreements approved and signed with the State of Minnesota.
Mr. VonDeLinde stated that he also wanted to let the Commission know that in about two or
three years, they are expecting some funding to be allocated for improvements to RiverFront
Park on the Mississippi River. It would be a similar project in Riverfront Park where they would
go in and replace roads and parking lots and upgrade restroom facilities and picnic shelters.
In addition, they would like to install a finrelve-hole disc golf course on the southern end of the
park.
Mr. VonDeLinde stated that Manomin County Park, which is also located in Fridley just off
Rice Creek and the Mississippi River, had some improvements made to the Banfill Tavern
building a couple of months ago. Down th�8ad they would like to make some additional
Parks and Recreation Commission Meetinq — November 1, 2010 Paqe 6
improvements to that park as well, possibly adding another picnic shelter and a ceramics
studio.
Mr. Kondrick stated he is in favor of what he has heard tonight and recently drove over to
Locke Park to look at the area. He believes this will be a nice improvement and this is a good
opportunity for our community.
MOTION by Mr. Kondrick, seconded by Ms. Barrett, to support the changes and improvements
to Locke Park being proposed by Anoka County Parks.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SIBELL DECLARED
THE MOTION CARRIED
Mr. Solberg asked if the City would ever consider having the same type of relationship with
Anoka County on Springbrook Nature Center that we do with the County for Locke Park and
the Islands of Peace. That relationship may open up a whole lot more funding opportunities
for the nature center through the metro regional park system.
Mr. Kondrick stated that if that type of arrangement were in place, it may be possible to get
some of the work on the SPRING project accomplished with Metropolitan Council funding.
Ms. Sibell asked if the joint powers agreement on Locke Park was the only agreement we had
or if there were others related to our park system.
Mr. Kirk stated that we also have an agreement with Anoka County on the operation and
maintenance of the Islands of Peace Park.
b. Glencoe Park Skating Rink Request
Mr. Kirk stated that the City has received a letter from a twelve year old boy named Clayton
Miller that lives near Glencoe Park. He is asking if it is possible for the City to provide a
general skating area at Glencoe Park this winter.
Mr. Kirk further stated that at the meeting in October, the Commission set the rink locations for
this winter and actually suggested removing the one at Creekridge Park. If one were added to
Glencoe Park, it would not mean an increase in work load for the maintenance crew since it
would just be replacing the Creekridge one.
Mr. Lindquist stated that he has had a request from some neighbors of Springbrook Park to
provide a skating rink. Glencoe and Springbrook Parks are only a couple of blocks away from
each other and he would rather put in a general rink at Springbrook. The City used to
maintain a rink at Glencoe in the past and it was difficult to get the rink established. He
believes there is an old house foundation in the ground there and the water drains down into a
hole. It takes a long time to get the base ice surface built up. It would be easier to establish
and maintain a rink at Springbrook and the parks are really very close to each other.
Mr. Kondrick asked if access to either of the parks was a concern.
Mr. Lindquist stated that is not a problem. They could get the equipment in there.
Ms. Sibell asked what the budget impact would be for adding another general rink.
Mr. Lindquist stated that it would not have a budget impact since there was one rink that has
been eliminated since last year. We have a rink to maintain at Ruth Circle Park across East
River Road, so they would be in the vicinit�r a�nyway.
6
�
`
CffY OF
FRIDLEY
To:
From:
Date:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2011
William W. Burns, City Manager �(
��'
Jack Kirk, Director of Parks and Recreation
March 15, 2011
Re: First Reading of Proposed Ordinance Amending Chapter 508 of the Fridley
City Code Allowing for the Temporary Sale of Strong Beer and Wine at
Commons Park and Community Park During Community Festivals
City staff has been asked by representatives of the Fridley Lions Club and the Fridley
Rotary Club to consider a change to Chapter 508 of the City Code to allow the sale of
strong beer and wine at Commons Park during community festivals. The current
ordinance allows the temporary on-safe of 3.2% malt liquor at Community and Commons
Parks. This issue was brought before the Parks and Recreation Commission on March
7, 2011 for consideration.
The Fridley Lions Club has taken on a leadership role with the Fridley 49er Days
Planning Committee this year. They have been searching for potential corporate
sponsors for the 49er Days festival and have had some interest by Leinenkugels beer to
be part of the event. Leinenkugels would be willing to provide a cash donation to the
festival and give a discount on their beer to be sold at the events. The Lions would like to
sell the Leinenkugels brand, but they do not make the 3.2% variety and, therefore, do not
comply with the current park alcohol ordinance. This change would allow for strong beer
to be sold as part of a community festival event. A change in this ordinance would also
allow for an activity such as a wine tasting to be included as part of the annual city
celebration. The Fridley Rotary Club has been considering sponsoring a wine tasting
with 49er Days.
The Parks and Recreation Commission discussed this item at their March meeting and
were supportive of the proposed change. The proposed change presented to the
Commission was to allow strong beer and wine at Commons Park during community
festivals.
Fridley Lions Club President, Ron Ackerman, was at the Commission meeting and asked
if the proposed change could also include Community Park. During 49er Days, the Lions
Club, sponsors a softball tournament at the Community Park complex. They provide beer
sales at the tournament, as well as at the street dance venue at Commons Park.
While the Parks and Recreation Commission members were not ready to change the
ordinance as it relates to all softball tournaments at Community Park, they were okay with
adding the allowance for strong beer at the softball tournament during 49er Days.
70
The Parks and Recreation Commission passed the following motion at the March 7, 2011
meeting:
MOTION by Mr. Heintz, seconded by Ms. Barrett, to add Community Park,
along with Commons Park, to the proposed wording for section 4 of
Chapter 508 as an ordinance change allowing strong beer and wine
during Community Festivals.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON
SIBELL DECLARED THE MOTION CARRIED.
The proposed wording for the ordinance change is on the attached pages. I am
recommending the City Council amend Chapter 508 of the Fridley City Code related to
alcoholic beverages in the City Parks, as recommended by the Fridley Parks and
Recreation Commission. I am also attaching the draft minutes of the Parks and
Recreation Commission meeting of March 7 as they pertain to this item. Please let me
know if you need any additional information on this proposed change.
71
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 508 OF THE FRIDLEY CITY CODE ALLOWING
FOR THE TEMPORARY SALE OF STRONG BEER AND WINE AT COMMONS PARK AND
COMMUNITY PARK DURING COMMUNITY FESTIVALS.
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of the Fridley Parks and Recreation Commission and staff, that the Fridley City
Code be hereby amended as follows:
CHAPTER 508. PARKS AND PARKWAYS
508.21. ALCOHOLIC BEVERAGE
It shall be unlawful for any persons to have in their possession or to consume any intoxicating
liquor or 3.2% malt liquor in or upon any City park or bathing beach, except as provided in
subdivisions 1, 2 and 3 below: (Ref 1239)
1. Notwithstanding laws to the contrary, possession and consuxnption of 3.2% malt liquor is
permitted in Locke Park.
2. The City Council may grant permission to consume 3.2% malt liquor in City parks to
neighborhood groups.
3. Notwithstanding any laws to the contrary, upon approval of the City Council and issuance of
a temporary on-sale license for the sale of 3.2% malt liquor, a club, charitable, religious or
nonproiit public or private organization may sell and allow buyers to consume 3.2% malt liquor
in Community Park. ��—�a�e� D ' c ' �—se�i�e� � � ''o� "'* ';".."" °+
� , .
4. Notwithstanding anv laws to the contrar�upon approval of the Citv Council and issuance of
a temporarv on sale intoxicatin� liguor license as�rovided for in Chauter 603 of the Fndlev
Citv Code for the sale of stron� beer and wine a club charitable reli�ious or nonprofit public or
private or�anization may sell and allow buYers to consume stron� beer and wine at Commons
Park and Community Park Sale and consum_ption of stron� beer and wine at Commons Park
and Community Park shall be limited to that occurrin�durin� and as part of, a commumtv
festival Community festivals shall include Fridlev 49er Davs and other festivals of broad
community a.pbeal and partic�ation as desi nag_ ted bv Citv Council.
54. Notwithstanding any laws to the contrary, malt liquor or wine, as defined by Minnesota State
Statute 340A, may be sold and or consumed for receptions or social events within the
Springbrook Nature Center Interpretive Building and/or in an adjacent outdoor designated space
allowed only by special permit under the following conditions: (Ref 1239)
72
A. Upon issuance of a temporary on-sale intoxicating liquor license as provided for in
Chapter 603 of the Fridley City Code, a club, charitable, religious or nonprofit public or
private organization may sell and allow buyers to consume malt liquor and/or wine.
B. Upon issuance of a temporary on-sale 3.2% malt liquor license, as provided for under
Chapter 602 of the Fridley City Code, a club, charitable, religious or nonprofit public or
private organization may sell and allow buyers to consume 3.2% malt liquor.
C. A club, charitable, religious or nonprofit public or private organization may allow guests
to consume malt liquor or wine at their own organizational social gathering.
D. A private party may contract with a City of Fridley approved licensed caterer to allow
their guests to purchase and or consume malt liquor or wine if they are renting the
Springbrook Nature Interpretive Building for a reception or social event.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _
DAY OF 2011.
ATTEST:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Publication:
73
Scott J. Lund, Mayor
Parks and Recreation Commission Meeting — March 7, 2011 Page 2
Mr. Kirk further stated that the staff has been busy reserving picnic shelters and garden plots for this
spring and summer. We also recently started registering teams for the adult softball leagues.
b. Park Maintenance Report
Mr. Lindquist stated that during the month of February, the maintenance workers were very busy with
snow removal on city streets and the maintenance of the outdoor skating facilities. They were able to
keep the rinks open through Presidents Day weekend. Since the rinks closed, the staff has been working
on cleaning up the winter equipment and making necessary repairs. They have also done some interior
painting in the facilities.
c. Springbrook Nature Center Report
Mr. Kirk stated that the Springbrook Nature Center Foundation has received word that it will get a
$10,000 donation from the Cummins Foundation. Volunteers from Cummins working on a Rice Creek
rehabilitation project designated Springbrook to receive funding as a match for their volunteer service.
Mr. Kirk further stated that the SNC staff is working with the Public Works Department to plan for the
possibility of a water draw down in the Springbrook ponds to protect downstream homeowners from
possible spring flooding. The work involves preparing the weirs and floating boardwalks for signiiicant
water level changes.
d. 2010 -11 Skating Rink Report
Mr. Kirk handed out a report completed by Program Supervisor Mark Daly on the use of the skating
rinks throughout the city this past skating season. There is a warming house attendant at Commons
Park, so we have some accurate numbers for use of that facility. Participation levels at the other parks
were recorded periodically by staff or by neighbors who live in the area of the rinks. There were not a
lot of skaters reported on the rinks in the city, but we also did not have good monitoring of the use.
2. NEW BUSINESS
a. Proposed Changes to City Code Chapter 500 Related to Selling Beer and Wine at Commons Park
During Community Events
Ms. Sibell stated that this item is a proposal that the City Code be changed to allow the selling of strong
beer and wine at Commons Park during an event such as Fridley 49er Days.
Mr. Kirk stated that this proposal came from a request to the City by the Fridley Lions Club and the
Fridley Rotary Club to allow for the wine and strong beer sales at Commons Park. He stated that this
change would only be for special community wide events such as Fridley 49er Days.
Mr. Kirk further stated that it should be understood that it will be the responsibility of the organization
serving the beer and wine to make sure that beer and wine sales and consumption take place only in the
defined area of the park. This has been a fenced off area during recent 49er Days festivals.
Mr. Ackerman stated that the Fridley Lions Club have kind of inherited 49er Days and are providing a
management oversight committee for the festival this year. They are making some changes and it is
basically a one day event on Saturday. The Lions have been trying to get some corporate sponsors for
the festival and one business that was approached was Leinenkugels. They are willing to provide $3000
for the events and the Lions Club would like to sell the Leinenkugel brand of beer this year and they do
not have the 3.2 beer.
74
Parks and Recreation Commission Meeting — March 7, 2011 Page 3
Mr. Ackerman stated that whether it is 3.2 beer or strong beer, it is still the responsibility of the
sponsoring organization to patrol the area. He has run over 20 softball tournaments for the Fridley Lions
Club at Community Park and they have not had problems with their beer sales. The weekend of 49er
Days, they would have the street dance and other events at Commons Park, while at the same time they
would be running the John Gargaro softball tournament at Community Park. He would like to see the
ordinance change apply to both Commons and Community Parks. They would like to have
Leinenkugels beer at both locations.
Ms. Sibell stated that the way this proposal is written now, the beer sold at Community Park for softball
tournaments would have to be 3.2%.
Mr. Heintz asked if we couldn't combine Community Park with the proposed change as it applies to
community festivals such as Fridley 49er Days. The softball tournament would be part of the 49er Days
celebration, so he would support Community Park being included in the change for city wide events
only. Other softball tournaments could still se113.2 beer. He would not support changing the ordinance
to allow strong beer for a11 tournaments at Community Park.
Mr. Heintz stated that he could understand why the Lions would want to have the same beer supplier for
both locations during the 49er Days festival.
Mr. Ackerman stated that they have been able to do that in the past. If they ran short of supply at one
location, they could take some product there very quickly.
Ms. Sibell stated that as she looked at the proposed wording, she would be okay if it stated that 49er
Days is the community wide festival. She would not even add in other festivals in the ordinance change.
Mr. Kirk stated that the reason for the broader definition was to include possible events that may be
associated with a City anniversary or other large scale event in the future. He would not expect them to
come along very often, but when they did it would not require an ordinance change.
Ms. Sibell stated that the Parks and Recreation Commission could pass a motion recommending that
Community Park be included with the proposed change to allow strong beer and wine sales during a
community festival. If the Planning Commission or City Council wanted to go back to the original
proposed wording of just Commons Park, they could then make that change.
Mr. Ackerman asked what would happen if the 49er Days were to be moved from Commons Pazk to
another city park. Would this ordinance a11ow for beer sales?
Mr. Kirk stated that it would not. If a change of venue for 49er Days did occur, this wbuld need to be
looked at again in the future.
Ms. Sibell stated that section 3 of Chapter 508 should remain in place to accommodate the other softball
tournaments at Community Park that were not part of a city festival.
Mr. Kirk agreed that section 3 should remain and would allow 3.2 beer sales at other tournaments.
MOTION by Mr. Heintz, seconded by Ms. Barrett, to add Community Park, along with Commons Park,
to the proposed wording for section 4 of Chapter 508 as an ordinance change allowing strong beer and
wine during Community festivals.
Section 4 would now read: Notwithstanding any laws to the contrary, upon approval of the City
Council and issuance of a temporary on-sale intoxicating liquor license, as provided for in Chapter 603
of the Fridley City Code, for the sale of strong beer and wine, a club, charitable, religious or nonprofit
public or private organization may sell and allQ.wrJbuyers to consume strong beer and wine at Commons
Park and Community Park. 7
Parks and Recreation Commission Meeting — March 7, 2011 Page 4
Sale and consumption of strong beer and wine at Commons Park and Community Park shall be limited
to that occurring during, and as part of, a community festival. Community festivals shall include Fridley
49er Days and other festivals of broad community appeal and participation as designated by City
Council.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SIBELL DECLARED
THE MOTION CARRIED.
b. Adopt-A-Park Program
Mr. Kirk stated that the concept of an Adopt-A-Park program was brought to the Parks and Recreation
Commission last year. Sta.ff has put together some guidelines for implementing a program in our park
system. We do not know what kind of response we will get to this program, but it would help to keep
our parks looking good.
Mr. Kirk further stated that a group or organization could adopt one of the parks in the city and help by
doing a number of possible tasks. They could pick up litter on a regular basis, care for flower beds or
landscape areas, assist with special park projects, help keep park facilities clean, and report any problems
in the park to the city staff.
Mr. Kirk stated that the guidelines outline what the City would do and what the Adopt-A-Park group
would do. After a set number of volunteer hours in the park, the City would put up a sign recognizing
the group having adopted that park.
Mr. Heintz asked if Dave or other City staff would have the final okay on what the group was going to
be working on in the park.
Mr. Kirk stated that he would expect that all Adopt-A-Park groups would need to coordinate their work
with Mr. Lindquist. The group would need to sign an agreement, so there was a clear understanding of
what was expected and what the work process was. The group would also need to have some type of
safety orientation.
Ms. Sibell asked if there was a liability waiver that the individuals would need to sign before being part
of this program.
Mr. Kirk stated that he would expect that there would be some requirement for individuals to sign a
liability waiver.
MOTION by Ms. Barrett, seconded by Mr. Heintz, to approve the staff recommended guidelines for the
Adopt-A-Park program in the City of Fridley.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SIBELL DECLARED
THE MOTION CARRIED.
c. Softball Tournament Application — Fridley Lions Club
Mr. Kirk stated that the City has received an application from the Fridley Lions Club to host the John
Gargaro Softball Tournament at Community Park during Fridley 49er Days June 24 — 26, 2011.
76
�
�
CffY OF
FRIDLEIf
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2011
.
William W. Burns, City Manager �'.
�
Donovan W. Abbott, Public Safety Director
Captain Brian Weierke
March 28, 2011
First Reading of an Amendment to City Code 506 Vehicle Parking
Over the years we've seen an increase in complaints with vehicles that are parked in
front of mailboxes throughout the city. Residents become concerned that they will not
receive mail delivery when someone parks in front of their mailbox. Staff is
recommending an ordinance prohibiting parking within 10 feet of a mailbox during
ma.il delivery hours.
When responding to questions or concerns from the community about this issue, we
are cunently not able to resolve the issue by simply ordering the vehicle owner to park
away from the mailbox since it's not specifically addressed in our city code.
Fortunately, our police officers have been able to resolve most of these issues by
speaking with the vehicle owner and requesting them to move their vehicle. In some
cases, the vehicle owner is not available or is uncooperative or the conduct is done
intentionally as part of an ongoing dispute between neighbors. Very often, the resident
has already missed at least a day of mail delivery by the time they call for an officer.
In further researching this issue we found several area communities with ordinances
prohibiting parking in front of blocking mailboxes including Blaine, Circle Fines,
Lexington Spring Lake Park, Brooklyn Park, Champlain, Maplewood and Roseville.
Fridley Post Office Manager John Dailey reports postal carriers experience this problem
throughout the City of Fridley. Mr. Dailey stated that it is post office policy to not
deliver mail when they don't have access to a mailbox. Fridley currently has twenty
nine (29) mail routes of which only five (5) are walking routes, so a majority of the mail
is delivered by vehicle. Some areas are worse than others but they are supportive of
this ordinance. They are requesting ten (10) feet of space on either side of a mailbox to
allow delivery.
Staff recommends the first reading of the ordinance amending Fridley City Code 506.08.
77
506.08. STOPPING AND STANDING PROHIBITED
No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other
traffic or in compliance with the law or the directions of a Police Officer or traffic-control
device, in any of the following places:
1. On a sidewalk;
2. In front of a public or private driveway or directly across there from in such a manner as to impede the
access to said driveway;
3. Within an intersection;
4. Within 10 feet of a fire hydrant;
5. On a crosswalk;
6. Within 20 feet of a crosswalk at an intersection or within 20 feet of a mid-block crosswalk properly
marked;
7. Within 30 feet upon the approaching side of any flashing beacon, stop sign or traffic-control signal
located at the side of the roadway;
8. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately
opposite the ends of a safety zone, unless the City has indicated a different length by signs or
markings;
9. Within 50 feet of the nearest rail of a railroad crossing;
10. Within 20 feet of the driveway entrance to any fre station and on the side of the street opposite the
entrance to any fre station or within 75 feet of said entrance when properly posted;
11. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would
obstruct traffic;
12. On a roadway side of any vehicle stopped or parked at the edge or curb of a street;
13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel or underpass;
14. At any place where official signs prohibit stopping;
15. On any boulevards;
16. In areas reserved for the handicapped; (Cross Ref. Chapter 511.03)
17. Fire Lanes; (Cross Ref. Chapter 108.06)
18. Within ten (101 feet of anv mailbox which is designated for the receint of U.S. Mail either
incomin� or out�oing from 8:00 am — 5:00 nm. Mondav — Saturdav.
78
ORDINANCE NO.
FIRST READING OF AN ORDINANCE AMENDING FRIDLEY CITY CODE
CHAPTER 506 VEHICLE PARHING NEAR MAILBOXES
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of stafF, that Chapter 506 of the Fridley City Code by amended as follows:
CHAPTER 506. VEHICLE PARKING
506.08. STOPPING AND STANDING PROHIBITED
18. Within ten (10) feet of anv mailbox which is designated for the recei,pt of U S Mail either
incomine or out�oing from 8:00 am — 5•00 pm Mondav — Saturda�
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 201 l.
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading: March 28, 2011
Second Reading:
Publication:
79
SCOTT J. LUND, MAYOR
1
�
CRY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 28, 2011
William W. Burns, City Manager ��
James P. Kosluchar Public Works Director`
,
Layne Otteson, Assistant Public Works Dire t r
March 28, 2011
Award of 2011 Street Rehabilitation Project No. ST2011 - 01
PW 11-027
On Wednesday, March 16, at 10:00 am, bids were opened for the 2011 Street
Rehabilitation Project No. 2011-01. Twenty one sets of plans and specifications were sent
out and nine bids were received.
This project rehabilitates streets within the Hyde Park neighborhood and Main Street (57'n
Avenue to 61 St Avenue). The work will also include reclaim and pave neighborhood
streets, mill and overlay Main Street, replacement of 5 hydrants, curb repair, and minor
improvements.
The low bid was received from Northwest Asphalt Inc. of Shakopee, MN, in the amount of
$544,373.14. The high bid received was $756,418.95. The most recent construction cost
estimate performed by the engineering staff was $539,792.50 in February, 2011. Please
refer to the attached summary sheet for a more specific breakdown of costs and funding
sources, which also compares the preliminary budget to the revised budget.
The original budget was estimated to be $477,500. Cost increases beyond the original
project budget were mostly due to asphalt price increases, reconstruction of a portion of
Main Street, additional hydrant upgrades, and natural gas related work.
1. Asphalt pavements costs increased due to a substantial increase in the price of oil
on the world market. Oil prices impact the production and transportation of the
asphalt.
:�
2. A 400' portion of Main Street was found to have inadequate pavement section. This
area requires complete reconstruction including sub-grade excavation, aggregate
base, and 2 courses of asphalt pavement.
3. Hydrant replacement was added to the project after staff determined that several of
the existing hydrants within Hyde Park neighborhood are in need of replacement
due to deterioration and poor functionality.
4. CenterPoint Energy has determined that several gas mains and services should be
upgraded in conjunction with the rehabilitation of the pavement. All costs to remove
the mains will be reimbursed by CenterPoint Energy.
5. During sewer inspection of the area, a high pressure gas main was found running
through a catch basin. Past records indicate that the City may have built the catch
basin around the existing high pressure gas main rather than relocate. Storm sewer
line will be modified such that the high pressure main is not in the storm sewer
system. Costs for this work will cost shared with CenterPoint Energy.
Funding for this project is derived from several sources including Municipal State Aid street
funding, special assessments, CenterPoint Energy reimbursement, and utility funds.
Special Assessment funding is estimated in the amount of $372,000. Special assessments
were calculated using the City's assessment policy for major roadway maintenance.
Assessments are projected to be in line with the Feasibility Report which estimated a single
family property assessment of $1600. Final assessment costs will be calculated at the
completion of the project and assessed in the fall of 2011.
Property owners will receive notification of project advancement this spring. A project
information sheet will provide a tentative work schedule, work description and contact
information. During the project, Staffwill distribute project updates at key milestones such
as pavement removal and paving in order to minimize disruption to the residents.
Northwest Asphalt, Inc. has completed several past projects for the City including last
year's 61 St Avenue mill and overlay. They have vast experience in perForming similar work.
Staff has found their quality of work and attention to schedule to be acceptable. Northwest
Asphalt, Inc has demonstrated pride in their work and attention to detail.
Recommend the City Council receive the bids and award the 2011 Street Improvement
Project No. ST. 2011-01, to Northwest Asphalt, Inc. of Shakopee, MN in the amount of
$544,373.14.
LRO/JPK:
Attachments
81
ST2011-01
Proposed Contract Award
Bid Costs
The preliminary estimated cost (per the feasibility report) for the entire project and the revised project
costs reflecting changes per the bids received are as follows:
Component 11/15/10 Budgeted Cost 3/16/11 Bid Cost
Street Reconstruction $ 435,000.00 $ 494,373.14
Water and Sewer Utility Repairs
Natural Gas Related Work
$ 42,500.00 $ 35,000.00
$ 0.00 $ 15,000.00
TOTAL $ 477,500.00 $ 544,373.14
[1] In house construction surveying and engineering costs are estimated
[2] Laboratory material testing is required by MNDOT and costs are estimated
[3] Natural gas related work include removal of mains and storm sewer modifcation cost share.
Fundin�Sources
Similarly, the funding sources are updated as follows:
Funding Source
Special Assessments
CenterPoint Energy
State Funds (MSAS)
Sanitary Sewer Fund
Storm Sewer Fund
Water Fund
TOTAL
11/15/10 Funding Source
$ 374,600.00
$ 0.00
$ 60,400.00
$ 15,000.00
$ 12,500.00
$ 15,000.00
$ 477,500.00
82
3/16/11 Revised Fundins
$ 372,000.00
$ 15,584.00
$ 101,810.14
$ 12,925.00
$ 9,600.00
$ 32,454.00
$ 544,373.14
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