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01/07/2008 - 6148♦ ' s � f CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF January 7, 2008 7:30 p.m. - City Council Chambers Attendance Sheet AL�ASF AR/NT IYAMF, ADDRFSS ANfl /i'FM NUMB�'R YOU ARF /NTFRFSTFD /N. Print Name (Clearly) - Address Item No. � ,�+�I�i}-�✓ :� �✓ � 1� M � FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 '- I _ � � QTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (Ti'D/763- 572-3534) ��,3 PLEDGE OF ALLEGIANCE. PRESENTATION: Emergency Preparedness ; �f�"�' � e wi.c;v�-� �'� � �. -1-s.io �-�-- APPROVALOFPROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): '�� S ecial Use Permit Re uest, SP #07-11, b � p q Y �,�� Bernie's Automotive, to Allow a Repair Garage to Continue to Exist at the Holly Shopping Center, Generally Located at 6530 University Avenue N.E. il (Ward 31__ -- ............................ 23 - 27 APPROVAL OF PROPOSED CONSENT AGENDA: '�� ('1 �v-�. ?'' g APPROVAL OF MINUTES: � � � � w � 2 �J �� Fz��D�'�%��' � City Council Meeting of December 3, 200� _� �� , z�� City Council Meeting of December 10, 2007 NEW BUSINESS: �� ,�> �J a" , ..� L'� J Receive the Minutes from the Planning Commission Meeting of December 5, 2007 ................................... 1 - 6 �� Text Amendment Request, TA #07-02, by CMV Properties, LLC, for Camp Bow Wow, to Add Language that would Allow a Dog Day/Overnight Boarding Facility in the S-3, Heavy Industrial Onaway Addition Zoning District, Generally Located at 7875 Beech Street N:E. (Ward 3) ....................... 7- 14 �r 3 � � � 5 � ./a S ,/-4- � i � ,cz ( 'vf�-zvi-�� L �E..o ��' P zn-.. �� 1,,�� z�h. Special Use Permit Request, SP #07-12, by ��""�-' � CMV Properties, LLC, for Camp Bow Wow, to Allow a Dog Day/Overnight Boarding Facility in the S-3, Heavy Industrial Onaway Addition Zoning District, Generally Located at 7875 Beech Street N.E. (Ward 3) ..... .....:... ....... 15 - 22 1 �^ � �. � r?� / � s /J4 �a" � 7 Y� g J � �1 � ,� �- �— _ . , , � J/ 2.� � 1_5- .E� P � �-( `� ��Yl.�e'l_. S � �� '�-- �' J SI Vl rp� �'��'D�� i ,�-� D ��!_� LJL��.°.✓�l Resolution s T g rocedures e mg o ✓ Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code . 28 - 31 aoo� - 01 Resolution Designating an Official Newspaper for the Year 2008 ............................ 32 - 33 aoo$-o2 Resolution Designating Official Depositories for the City of Fridley ...................... 34 - 36 200�-03 8. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit Application for Spring Lake Park Lions for the Knights of Columbus #4381 (North Air Home Association) Located at 6831 Highway 65 N.E. (Ward 2) ............................... . 37 - 38 ZboB-O �. ,� 1 �� 9. Resolution Approving Recycling Service 10. Fees.... . ............................ 39 - 40 � �� r ,a �>Jss�►�5�� Zoa$"a,7 Resolution Imposing Load Limits on Public Streets in the City of Fridley, Minnesota ................................... 41 - 47 �o0�-O�o � � FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 ' " PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 11. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use ................................... 48 - 50 �� ; • . �}� � ,�. Resolution Accepting a Federal Recreational �� Trails Grant in the amount of $15,000 as �' Partial Funding to Upgrade and Improve the Innsbruck Nature Center Recreational Trails, Recognizing the Grant Requirement of Local Matching Funds .............................. 51 - 52 /RC�.c �, � �� , Jl �5 ��sA ao�� -�O� 13. Resolution Authorizing Signing an Employment Agreement between Certain Employees Represented by Local No. 1986 ..... 53 - 79 a00$ -O°fr 14. Approve Agreement for Legal Services between the City of Fridley and Newquist & Herrick Law Offices, P.C. and Carl J. Newquist ................................... 80 - 83 aoa$ � I O �� 5 ` Approve Agreement between the City of Fridley and Fridley '49er Days, Inc . ............ 84 - 85 !�'��'�y"` J�' f� �% �s�� 16. Approve 2008 City Council and Staff Appointments .................................. 86 17. Claims 18. Licenses $7 88 - 94 ADOPTION OF AGENDA. �� Q�,/�� d c� •� � 1 �ra a- a( �-�� OPEN FORUM (VISITORSI: Consideration of Items not on Agenda —15 Minutes � �: 1 � / PUBLIC HEARING: ��m 9U l2 �' I� b"� 19. Consideration of a Special Use Permit, SP #06-04, by Brent Anderson for BDA Development Co., to Allow Limited Outdoor Storage in an M-1, Light Industrial Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2) (Continued July 23, 2007) ................................... 95 - 98 �.. ...: `. �-h,�c.��,t t_.�,��-�° � � ``�f . �V I/-��/ ,pv_�zg-�`S-�g:,/��,Z, � s � - N �^-ti-� � NEW BUSINESS: 20. Resolution Revoking Special Use Permit, SP #06-04, for BDA Development to Allow Limited Outdoor Storage in an M-1 Zoning District, Generally Located at 7600 Highway 65 . ) ................................ 99 —1 1 � �-�; � � � �,w�z� --� � � � ( � t7�1 �� f/-��i�' 21. Approve Settlement Agreement and Limited Mutual Release between the City of Fridley and Lawrance Properties, Signcrafters Outdoor Display, Inc., Patrick Lawrance and Michael LawranceIp.............�.,.�.�.....:�./,;.�.^..,,.�.... L1_0"2" y- -112 / ' 0 � v `. L .�� =�-%`-�^-"'. "" " �`" � _ / � . � 6-� � �� S � (� � Z. 22. Informal Status Reports ........................ 113 ADJOURN. o� �, �t � (L � ) �✓� � � � CffY OF FRIaLEi' CITY COUNCIL MEETING OF JANUARY 7, 2008 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 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Emergency Preparedness APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 3, 2007 City Council Meeting of December 10, 2007 NEW BUSINESS: Receive the Minutes from the Planning Commission Meeting of December 5, 2007 ................................................ 1- 6 2. Text Amendment Request, TA #07-02, by CMV Properties, LLC, for Camp Bow Wow, Add Language that would Allow a Dog Day/Overnight Boarding Facility in the S-3, Heavy Industrial Onaway Addition Zoning District, Generally Located at 7875 Beech Street N.E. (Ward 3) ................................. to .................................................. 7 - 14 FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Special Use Permit Request, SP #07-12, by CMV Properties, LLC, for Camp Bow Wow, to Allow a Dog Day/Overnight Boarding Facility in the S-3, Heavy Industrial Onaway Addition Zoning District, Generally Located at 7875 Beech Street N.E. (Ward 3) ................................................................................... 15 - 22 4. Special Use Permit Request, SP #07-11, by Bernie's Automotive, to Allow a Repair Garage to Continue to Exist at the Holly Shopping Center, Generally Located at 6530 University Avenue N.E. (Ward 3) ................................................................................................... 23 - 27 5. Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code .............................................................. 28 - 31 6. Resolution Designating an Official Newspaper for the Year 2008 ........................................................................................ 32 - 33 7. Resolution Designating Official Depositories for the City of Fridley .................................................................................. 34 - 36 8. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit Application for Spring Lake Park Lions for the Knights of Columbus #4381 (North Air Home Association) Located at 6831 Highway 65 N.E. (Ward 2) ................................................................................................... 37 - 38 FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Resolution Approving Recycling Service Fees................................................................................................... 39 - 40 10. Resolution Imposing Load Limits on Public Streets in the City of Fridley, Minnesota ..................................................... 41 - 47 11. Resolution Requesting Municipal State Aid System Construction Funds for Other LocalUse ................................................................................................... 48 - 50 12. Resolution Accepting a Federal Recreational Trails Grant in the amount of $15,000 as Partial Funding to Upgrade and Improve the Innsbruck Nature Center Recreational Trails, Recognizing the Grant Requirement of Local MatchingFunds .......................................................................................... 51 - 52 13. Resolution Authorizing Signing an Employment Agreement between Certain Employees Represented by Local No. 1986 ................................................................. 53 - 79 14. Approve Agreement for Legal Services between the City of Fridley and Newquist & Herrick Law Offices, P.C. and Carl J. Newquist................................................................................................... 80 - 83 15. Approve Agreement between the City of Fridley and Fridley `49er Days, Inc . ........................................................................ 84 - 85 FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 16. Approve 2008 City Council and Staff Appointments.............................................................................................. 86 17. Claims ................................................................................................... 87 18. Licenses ................................................................................................... 88 - 94 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARING: 19. Consideration of a Special Use Permit, SP #06-04, by Brent Anderson for BDA Development Co., to Allow Limited Outdoor Storage in an M-1, Light Industrial Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2) (Continued July 23, 2007) ................................................................................................ 95 - 98 NEW BUSINESS: 20. Resolution Revoking Special Use Permit, SP #06-04, for BDA Development to Allow Limited Outdoor Storage in an M-1 Zoning District, Generally Located at 7600 Highway 65 N. E. (Ward 2) ........................................................................................... 99 - 101 FRIDLEY CITY COUNCIL MEETING OF JANUARY 7, 2008 PAGE 5 NEW BUSINESS (CONTINUED): 21. Approve Settlement Agreement and Limited Mutual Release between the City of Fridley and Lawrance Properties, Signcrafters Outdoor Display, Inc., Patrick Lawrance and Michael Lawrance................................................................................................... 102 - 112 22. Informal Status Reports .................................................................................. 113 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY DECEMBER 3, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director James Kosluchar, Public Works Director Richard Pribyl, Finance Director John Berg, Fire Chief APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 19, 2007. Councilmember Saefke pointed out a typographical error on Page 7, Paragraph 10. "Ashland" should be "Ashton." APPROVED AS CORRECTED. Board of Canvass Meeting of November 26, 2007. APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance Amending the Fridley City Code, Chapter 603, Intoxicating Liquor, to Allow the Sale of Intoxicating Malt Liquor with 3.2% Malt Liquor and Wine Licenses. William Burns, City Manager, stated the amendment allows the sale of strong beer in restaurants holding a wine license. They also are required to have a 60/40 food to liquor ratio. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 2 Council approved the first reading of the ordinance on November 19, 2007. Staff recommends Council's approval of the second and final reading. WAIVED THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of October 17. RECEIVED. 3. Variance Request, VAR #07-06, by Barry Hoosline, to Increase the Fence Height Requirement from 8 Feet to 10 Feet for the Purpose of Screening the Storage of Vehicles and Equipment Related to a Junkyard Operation in an Industrial District, Generally Located at 7340 Central Avenue, 1240 — 73 1/2 Avenue and 1230 - 73rd Avenue (Ward 2). William Burns, City Manager, stated Mr. Hoosline operates a salva�ue yard on four parcels located at 7340 Central Avenue, 1240 — 73 '/z Avenue, and 1230 - 73r Avenue. The property was rezoned from G1 to M-1 earlier this year. A special use permit to operate a salvage yard in an M-1 District was also approved subject to stipulations, one of which was screening. The action tonight allows the screening fence to officially be 10 feet tall. Staff recommends approval of the change. APPROVED. 4. Approve 2008 Sixty-Day Agency Action Application Action Deadlines for the Planning Commission and the Appeals Commission Meetings. William Burns, City Manager, stated staff recommends Council's approval. APPROVED. 5. Resolution Abating an Assessment for Property within Street Improvement Project No. ST. 2007 — 1. William Burns, City Manager, stated this is legislation abating an assessment that was erroneously included in the 2007 street reconstruction program. The property is 369 - 57th Place. The amount to be removed from the assessment is $2,723.20. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-70. 6. Approve 2008 Consulting Services Agreement Between the City of Fridley and 3M Company for GIS Services. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 3 William Burns, City Manager, stated the contract provides GIS mapping services for all City departments. The service is jointly contracted by the cities of Columbia Heights, Andover, and Fridley. The 2008 contract fee for Fridley is $32,640, or 5 percent more than the cost for this service in 2007. Staff has been very pleased with the quality of services received through this contract and recommends Council's approval. APPROVED. 7. Approve Change Order No. 3 for 2007 Neighborhood Street Improvement Project No. ST. 2007 — 1. William Burns, City Manager, stated staff is recommending Council's approval of Change Order No. 3 for the 2007 Neighborhood Street Improvement Project. These changes total $19,659.28 and bring the total cost of the project to $2,441,316.53, or .8 percent over the original contract amount. The changes in contract costs are to be paid to our contractor, Forest Lake Contracting, Inc. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 8. Approve Change Orders and Final Payment for Two Rescue Trucks for the Fire Department. William Burns, City Manager, stated staff recommends Council's approval of the four change orders for the two rescue trucks for the Fire Department. One of the change orders was approved earlier this year in the amount of $790. The total of change for the two rescue trucks is $4,894. This brings the cost of the two rescue vehicles to $130,084, or 3.9 percent greater than the original contract amount. Staff recommends Council's approval of the final change order and payment to General Safety Equipment, LLC. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 9. Claims (134394-134654). APPROVED. 10. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 4 11. Estimates. Standard Sidewalk 10841 Mankato St. NE Blaine, NIN 5534 2007 Misc. Concrete Repairs No FINAL ESTIMATE .................. Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 370 2007-1 Street Improvement Proj ect Estimate No. 8 ........................................ APPROVAL OF PROPOSED CONSENT AGENDA: $ 4,729.95 ..$161,551.40 Councilmember Bolkcom asked that Items 7 and 8 be removed. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Items 7 and 8. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Items 7 and 8. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Pete Eisenzimmer, 6535 Oakley Drive, stated he is being charged for storm sewer on his street which he does not have. Is there anything that can be done with that? Mayor Lund asked if he was talking about his quarterly utility billing. Mr. Eisenzimmer said he was. Mayor Lund replied they would have staff get back to him. Councilmember Bolkcom asked if everyone got charged for storm sewer. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 5 Richard Pribyl, Finance Director, said they do. It is an overall policy the City Council adopted some years ago regarding storm water that impacts all properties in the City of Fridley regardless of the types of infrastructure located in each specific street. It is a uniform assessment that goes property by property throughout the City. Mr. Eisenzimmer stated something should be done about all the contaminated water coming down Mississippi Drive and onto Oakley Drive. Jerry Bahls, 7514 Alden Way, invited all persons to attend National Audubon's 108th Christmas Bird Count which will be at the Springbrook Nature Center on December 15 at 7:30 a.m. They are having a pot luck lunch, so bring something to share. PUBLIC HEARING: 12. Consideration of the 2008 City of Fridley Budget. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:43 P.M. William Burns, City Manager, stated this year, there was a legislative session characterized by deadlock There was not a lot of anything that happened. Good things included we did not get wine in grocery stores or levy limits. There was legislation that requires our Police Chief and other public safety directors to require people running scrapyards to do video surveillance and get identification of people selling scrap metal. Dr. Burns stated there were not too many bad things. We did have some special legislation we hoped would pass. It got as far as the omnibus tax bill. This was legislation for both the Northstar Rail station as well as the Springbrook Nature Center. The Governor vetoed the bill. We hope we can get back the momentum as we get into the 2008 session. Another thing we have been pushing for is a bill that would allow administrative fines for minor traffic offenses. So far, the State of Minnesota does not want to lose the revenues associated with those offenses. Dr. Burns said there was no additional transportation money coming out of this year's legislation. Dr. Burns stated as we go forward into 2008, our very top priority is going to be local government aid. Fridley, along with other suburban cities, really gets short-circuited. The two core cities and out-state cities control the process. They hold the committee chairs, and they pretty much divide it up, and what happens is both the core cities and the greater Minnesota cities get about 20 times more money than other suburban communities get. He said he thought we could demonstrate that we need it as much as they do. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 6 Dr. Burns stated they want to bring back the Northstar legislation. They want to get special legislation that will help the City acquire land for the site. There was some legislation last year that would eliminate our pawnshop program, including our pawn detective position in the Police Department. He said they would fight this wholeheartedly. Our ally on this issue is the City of Minneapolis, because it is their pawn program the City subscribes too. Dr. Burns stated wine in grocery stores is again going to be a major legislative emphasis for the City. Dr. Burns stated the budget sessions were not characterized by strong divisive issues. He thinks the biggest thing Council faced and discussed were budget projections for both the general fund and utility fund. They started the budget work sessions with the Finance Director talking about budget projects. The fact is the general fund is pulling down about $1 million in fund balance. The fund balances are not going to last forever, so they are very concerned about those projections for the general fund. They were also concerned about the decline of balances for our utility fund. Thank to the Fridley voters we are now able to move forward without that worry. Dr. Burns stated they included an additional $36,000 for paid on-call firefighters. More and more we need to assign firefighters to specific shifts as opposed to having them come whenever they can make it. As we do this, we need to have more money to pay for the shift work. Dr. Burns stated they discussed summer code enforcement interns. The original budget did not have any money in it for code enforcement. They actually added a second code enforcement intern, and they both will cost the City $7,500 a year. The second intern will be used for enforcement of what they expect to be new legislation that will give the City some leverage to use for structural problems in homes such as rotting soffits, missing garage doors, peeling paint, etc. Dr. Burns stated they also talked about funding external organizations, such as the Alexandra House, Southern Anoka County Community Consortium and Mediation Services of Anoka County. Ultimately, the City came up with some reductions in spending for those organizations. Dr. Burns stated the enterprise funds (which include water, sewer, storm water, and liquor) are funded and recognized as businesses that are supposed to be operating with their own sources of revenue, so they are treated differently. The total expenditures under these funds is $19,186,359, about 7'/z percent higher than what was budgeted last year. The biggest part is the additional money we are putting into street reconstruction in 2008. Dr. Burns stated the other area of increase is the general fund, with an increase of $640,837 or 4.7 percent. Most of that is for personal services. The amount of $516,747 represents staff costs. The personal service costs include a 3 percent cost of living adjustment. State-mandated public retirement assistance is $76,856 more than what we paid this year. There were merit step increases for employees equating to $61,700. There was an increase of $119,077 for a wide range of temporary employees we have been using for both seasonal recreation programs, summer street maintenance, parks maintenance, and work at the Springbrook Nature Center. Workers' compensation costs are up by $23,000. Market rate adjustments that are used to make FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 7 sure our salaries are in line with other communities are up by $80,192. Health insurance costs were down by about $11,500. Dr. Burns stated in the supply area for the second straight year in a row, there are maj or increases in costs for vehicle fuel in the amount of $44,432. There are also increased utility costs in the amount of $46,148, and other contractual services in the amount of $48,312. Dr. Burns stated it seems like every year we spend a little less money for cars and trucks and other equipment. They have reduced the projected amount for 2008 by $117,520. This includes $114,340 for four police squads, $25,000 for the replacement of street maintenance equipment and another $50,000 for replacement of parks maintenance equipment. Dr. Burns stated on the revenue side, the City has had to transfer $1.6 million out of non- general, non-operating, fund resources to balance the budget. The biggest amount is $861,543 from the general fund reserve which is money that is not really being replaced. Another $500,000 was taken from the liquor fund and $250,000 was taken from the closed bond fund. The total fund transfers are $1,611,453. Dr. Burns stated the second category of funding is special revenue funds. These are funds that have to be accounted for separately. The biggest change is we no longer have the police activity fund. There is a small reduction in the cable television fund. The City is going to replace the lighting in the Council chambers which will cost around $30,000. Dr. Burns stated regarding the solid waste abatement fund, there are two things that account for the $24,000 increase: the 5 percent contract increase for the solid waste abatement hauler, and the additional cost for the pickups the City does. All in all, the City is down in special revenue fund expenditures for next year. Dr. Burns said capital improvements fund expenditures are up $866,000 because of the street reconstruction program which shows a big increase over last year. General capital improvements are down by $34,300. Some specific improvements are: recoating the floors in the fire apparatus bays, $23,000; replacing fuel pumps at the City garage, $14,000; and maintenance on one of the entry monument, $3,700. Dr. Burns stated the street reconstruction project will cost around $3,583,000. The City will also do another mill and overlay project and another seal coat program next year. He said there are several items included in parks such as court overlays, replacement of the Community Park scoreboard, and continued work on the Community Park irrigation system. Dr. Burns said the enterprise funds include the water fund, sewer fund, storm water fund, and municipal liquor fund. They are up by a grand total of 1.8 percent. Water is up by 4.2 percent, and sewer is up 4.7 percent (73 percent of the sewer fund project is dictated by Met Council for treatment services). The storm water fund is down a little bit, and municipal liquor has a very small change. Dr. Burns stated with respect to debt service, Fridley has never had a lot of debt. We have been a pay-as-you-go group. There is some debt on water system improvements in the amount of FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 8 $401,942 and there is some TIF debt of about $1.8 or $1.9 million. All of that is paid for out of normal budgeting revenues. The City also has some street improvement debt amounting to $595,325. Dr. Burns said the total levy is $9,527,433 or 3.6 percent more than the total levy for 2006. The League of Minnesota Cities tells us that cities are up by 9.2 percent on average. The levy includes $138,665 allowed by the City Charter for the general fund levy. It also includes $4,600 allowed by the City Charter for an increase in the Springbrook Nature Center levy and $182,142 for debt retirement on the street improvement fund. These levies, together with changes in property valuation will reduce the City's portion of the property tax bill as it applies to the average value Fridley home ($216,500). Our share of the taxes is about 30 percent total, and the rest belongs to the school districts and the County. The City's share of the bill goes from $644 to $625 for the average Fridley home. Dr. Burns stated total property taxes will increase or decrease, depending on the school district in which the home is located. They will increase by $228 in the Anoka Hennepin School District, and decrease by $4 in the Columbia Heights School District. In between these extremes, they will increase by $99 in the Spring Lake Park School District and by $111 in the Fridley School District. Dr. Burns said with respect to the financial health of the City, the general fund reserve is going down considerably as is the unreserved amount we have available to us to meet our deficit issues that we are facing. We will still have $16.2 million at the end of next year but it will not last forever, and we need to be thinking of how we can balance the budget or we will find ourselves in a bankrupt position. Since 2003, we have racked up pretty substantial deficits for our general fund expenditures. In 2003 when we totally lost our LGA, we moved up to almost $2 million in deficits. The 2008 deficitis $1.6 million. Dr. Burns stated at one point the intergovernmental portion of the budget was well over a third. It was reduced to 20.7 percent in 2003, and this year it was 7.3 percent. Next year the City is proj ecting 9.4 percent. As the LGA has gown down, our property tax portion of the budget has gone up to the point where it is over 60 percent this year and next year. Dr. Burns stated it is interesting to look at Fridley's spending pattern in terms of the overall external environment in which Fridley operates. New construction was terribly low last year at $20.9 million. It jumped to $36.7 million this year. Unemployment is up from 4.2 percent to 4.8 percent for the first nine months of this year. For September, our unemployment rate was actually 5.1 percent. He said for the first time since he has been in Fridley, the rates for Fridley are higher than the unemployment rates for the metropolitan area, the state, and the nation as a whole. It is something that we should be a little concerned about. Dr. Burns stated we had a small increase in the overall number of jobs in Fridley this past year. We still have a marked decrease, however, we still have marked decrease in the number of service sector jobs. Retail jobs which typically suffer in Fridley, are up a little bit; and manufacturing jobs are up a little bit. The overall number of jobs is up to almost 24,000 jobs. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 9 Dr. Burns stated property values are up by 3.3 percent. Last year they were up 6.4 percent. Looking at some of the categories of property value, we are seeing a 1.2 percent increase in residential area, whereas last year we saw a 5.5 percent increase in residential value. He said people need to keep in mind that estimated market values on properties are about two years old by the time the tax bill reaches their doorstop. That is because the appraisals of property lag behind the actual levying process. Dr. Burns stated that Part II crimes (more serious) are up by 11.2 percent during the first nine months of 2006. There were 95 more thefts, 14 more robberies, and 7 more arson cases in 2007 compared to 2006. Dr. Burns stated the cash assistance provided by Anoka County to Fridley residents is up by 2.7 present, but surprisingly the students receiving free and reduced meals for District 14 is down by about the same amount. Either way there is not a lot of increased or decreased reliance on welfare. Dr. Burns stated the 2008 budget is 7.5 percent greater than the budget that was prepared in 2007. Most of the increase is due to the street project and to the general fund. When you look at the general fund, most of that has to do with the cost of employees, which is very much in keeping with the cost of employees metro wide. While we have added $36,000 to the Fire Department's budget for paid-on-call firefighters and $15,000 for code enforcement interns, the 2008 budget provides for the same scope of services as was provided in 2007. Once again, General Fund expenditures must be supported by transfers from other funds. The 2008 transfers amount to more than $1.6 million. While $500,000 of this amount comes from the Liquor Fund, the remainder of the transfer comes from cash balances. Dr. Burns said that while we have some time to address the General Fund imbalance, we do not have time to ignore it. We will continue to make our quest for a fairer portion of LGA funding a high priority. Without new LGA money, we will soon arrive at a fork in the road where we must choose between higher property taxes through additional levy and substantial reductions in services. Until November 20, Fridley was also struggling to balance its utility fund budgets. Thanks to our voters, we can now focus on catching up with some of the utility system improvements that were put on hold in 2007. As we move toward the beginning of a new year, we look forward to addressing our funding challenges as well as toward continuing to provide top quality services to Fridley residents. Mayor Lund asked about deficit in the solid waste abatement fund which will be covered by the City's closed bond fund. He asked if the City could pay that down to break even. He said he is concerned about the City's reductions in its closed bond funds each year. Dr. Burns replied the County will not let us use the revenue sharing money to offset those deficits for the salary of the one employee. Mayor Lund asked whether the City still gets money for solid waste abatement. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 10 Dr. Burns said we get about $60,000 a year in SCORE funding. The City is not able to use our revenue sharing money to offset the employee's salary. Whatever we get from sales of recyclables, the City has to channel into new recycling programs as opposed to existing outpaying costs. Pete Eisenzimmer asked how much money was really spent for the irrigation system at Community Park. Dr. Burns replied about $75,000 a year for a two or three-phase project. They had to take out a lot of fill in that area that caused a drainage problem. They do it in conjunction with the street improvement project. It is something that needed to be done bad in order to accommodate drainage problems on the six fields at Community Park. Mr. Eisenzimmer asked whether we are just spending $75,000 on the sprinkler system just at Community Park or if it is for all the City's sprinkler systems. Dr. Burns replied it is about a$225,000 proj ect total. Mayor Lund said the improvements were definitely needed in the park because it was not usable because of the lack of drainage and the ensuing problems. One of the reasons for spending that money on those ball fields is because the City derives a substantial amount of money from the tournaments that are held there. The fees help offset the costs. Councilmember Bolkcom asked Dr. Burns what happens next with the proposed budget. Dr. Burns replied both the budget resolution and the final tax levy resolution will be on the agenda for the City Council meeting on December 10. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:25 P.M. 13. Consideration of a Resolution Ordering the Removal or Repair of a Hazardous Building Pursuant to Minnesota Statutes, Section 463, Located within the City of Fridley, Minnesota (1465 Garden Avenue N.E.) (Ward 2) (Continued September 10, 2007). MOTION by Councilmember Varichak to reopen the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING REOPENED AT 7:25 P.M. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 11 Scott Hickok, Community Development Director, stated there was a garage on the site and they did move to the point of deeming that hazardous and asked Council to consider the resolution which they passed, allowing the City to remove the garage if the owner did not remove it. At that July meeting, Council agreed to allow the property owner until August 31, 2007, to remove the building. The owner did pull a demolition permit and agreed to have the building down by August 31. The building was completely demolished by the first week in September. There is some concern about outdoor storage on this site relative to the garage being gone. City Code does require that a garage be placed on a single-family lot, and that the garage be no less than two stalls. Mr. Hickok stated staff recommends that Council hold the public hearing to receive any additional comments and information and then close the public hearing. Staff discussed the matter with the owner who stated he could not decide where to place the garage. Code requires him to have a garage. It is now the winter season and construction is expensive. If the owner had acted last February or March, the garage would have been down and a new garage could have been built this summer. He said if Council felt it was appropriate, they could close the public hearing and staff will pursue other remedies with non-compliance with garage requirements in an R-1 District, outdoor storage violations, and the illegal parking matters on the site that exist through the court. Mayor Lund asked if they need a resolution before the property owner's December 14 court date. Mr. Hickok replied, no, they do not. They had a resolution ready in case they needed to abate this action on the property. The hazard is gone. They have never actually built a garage through an abatement process. MOTION by Councilmember Varichak to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:30 P.M. NEW BUSINESS: 7. Approve Change Order No. 3 for 2007 Neighborhood Street Improvement Project No. ST. 2007 — 1. Councilmember Bolkcom asked who would pay for the two driveways that were incorrectly built. James Kosluchar, Public Works Director, stated this was actually a carryover from the 2006 street project. He believed those driveways were approved by City staff and they were unaware of the problem and were advised of a problem in the spring, after the project was certified as complete and correct. To expedite the repair and allow these two residents access to their property they had the contractor this year repair those driveways immediately. He said they FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 12 have discussed this among staff and will use better scrutiny on the certification. They also hope to let the residents on the proj ect know that if they do see a problem with the improvements, they should not hesitate to contact them. Councilmember Bolkcom asked if there were any other outstanding issues. Mr. Kosluchar replied they still have outstanding warranty work that was identified in the spring, but they are working with the contractor on getting those issues resolved. MOTION by Councilmember Bolkcom to approve Change Order No. 3 for the 2007 Neighborhood Street Improvement Proj ect No. 2007 — 1. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Approve Change Orders and Final Payment for Two Rescue Trucks for the Fire Department. Councilmember Bolkcom asked if the changes are normal and if any of them could have been caught before they trucks were built. William Burns, City Manager, replied they are talking about four changes per vehicle and he did not think it was an incredible amount of change orders. John Berg, Fire Chief, said there are actually seven total change orders on each vehicle. They asked for approval of three in August, and the four they are asking for tonight. The unfortunate part of buying fire apparatus is they do not have the ability to go out and pick one off the lot. They are custom made. It is difficult to write the specifications. Mayor Lund asked for more information on the $62,595 amount for "General Safety Mini- Rescue Per Contract." Chief Berg stated in the description on the invoice from General Safety, we contracted with them to build the box portion of the truck The City purchased the chassis and they are putting the box on it. The Fire Department did the pre-production changes. These were basically the differences between the Fire Department's specifications and the specifications accepted from General Safety. Regarding Job No. 27, Change No. 2, they deleted some electrical items they decided they did not need. Regarding Change Order No. 3 there was a reduction of $1,700 which appears to be some backup lights and issues on the rear bumpers. Change Order No. 4 was approved in August for $1,082. It was a change from the manufacturer's specified diamond plate on the rear surface of the truck to a smooth painted surface. They also deducted $200 from each vehicle because they can mount the computers a lot cheaper with their mechanics. Regarding Change Order No. 7, the $1,100 was for panels which they assumed the trucks came with. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 13 MOTION by Councilmember Bolkcom to approve the change orders and final payment for two rescue trucks for the Fire Department. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Informal Status Reports None. ADJOURN. MOTION by Councilmember Barnette, seconded by Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:43 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor CITY COUNCIL MEETING CITY OF FRIDLEY DECEMBER 10, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Varichak Councilmember Bolkcom MEMBERS ABSENT: Councilmember Saefke OTHERS PRESENT: William Burns, City Manager Jim Kosluchar, Public Works Director Richard Pribyl, Finance Director Fritz Knaak, City Attorney APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Approve Extension for Special Use Permit, SP #05-03 and Variance, VAR #05-14, by Kinghorn Company for Woodcrest Baptist Church, to Allow an Expansion of an Existing Church in an R-3, Multi-Family Zoning District, Generally Located at 6875 University Avenue N.E. (Ward 1) William Burns, City Manger, said Council approved the Special Use Permit and variance request that would allow the expansion of the church and parking lot on November 7, 2005. Council granted a one-year extension on December 4 of last year. Due to funding problems, Woodcrest is asking for another one-year extension. Staff recommends Council's approval. APPROVED. 2. Approve 2007-2008 City of Fridley Snow Removal Operation's Policies and Procedures. William Burns, City Manager, said that the 2007-2008 plan provides that plowing of City streets will begin after a snowfall has subsided. The first streets to be plowed are red line collector routes. Thereafter (about 4 to 6 hours later), other local streets are plowed over a FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2007 PAGE 2 period that typically ranges between 6 and 8 hours. The plowing is organized within twelve plowing districts and begins at alternate starting points in each district. Dr. Burns said that unless the snowfall exceeds 15 inches, plowing would be done curb to curb. For an emergency snowfall in excess of 15 inches, crews are divided into two twelve-hour shifts. During these emergency conditions, they make one pass down the center of the street initially. After a pass is made on all of the streets, the crews return to plow full width. Plowing includes cul-de-sacs, improved alleys, concrete sidewalks, and municipal parking lots. It does not include bikeways or asphalt paths. Dr. Burns said cleanup operations begin the next day after snow removal operations have been completed. They include cul-de-sac clearing and hauling, intersection clearing, clearing of sidewalks, clearing around bus stops, and "winging back" along boulevards. MnDOT is responsible for clearing University Avenue, Highway 65, and I-694. Anoka County clears East River Road, the 44th Avenue bridge, Main Street from the south to 57th Avenue, 57th Avenue from Main Street to University Avenue, 49th Avenue between Main Street and University Avenue, Mississippi Street, Osborne Road, 85th Avenue, and Old Central Avenue. We ask that Fridley residents help us with our snow removal operations by following several rules: Between November and March, do not leave your vehicles on the streets between 2:00 a.m. and 6:00 a.m. 2. Do not plow snow from private property into City streets. 3. Do not put your garbage cans or recycling bins in the street. 4. Please mark landscaping that is more than 1 foot tall and within 5 feet of the curb. 5. Please keep boulevards free of non-permitted obstructions. 6. Remind your children to stay out of snow banks. Staff recommends Council's approval of the plan. APPROVED 2007-2008 CITY OF FRIDLEY SNOW REMOVAL OPERATION'S POLICIES AND PROCEDURES. 3. Resolution Authorizing Changes in Appropriations for the 2007 Budget for August through November 2007. William Burns, City Manager, said the General Fund adjustments amount to $73,913. Most of the items relate to reimbursable Police and Fire expenditures. They also include emergency repairs to the Fire Department's hose tower ($11,375) and the municipal parking ramp ($2,888). The only other change is a$500 SNC expenditure that was funded by a donation. ADOPTED RESOLUTION NO. 2007-71. 4. Resolution Providing for Water Rate Change. William Burns, City Manager, stated that we are proposing that the water rate per 1,000 gallons of usage be raised from $1.18 to $1.30. Water rates for usage in excess of 5,000,000 per quarter FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2007 PAGE 3 will be raised from $1.23 to $1.36 per 1,000 gallons. Reduced rates for qualifying seniors will be raised from $.87 per 1,000 gallons to $.96 per 1,000 gallons of water used. The minimum billing for 12,000 gallons of water used per quarter will be raised from $13.20 to $15.60. The minimum rate for qualifying seniors will be raised from $9.84 to $11.52 per quarter. ADOPTED RESOLUTION NO. 2007-72. 5. Resolution Providing for a Storm Water Drainage Rate Change. William Burns, City Manager, stated staff recommends that the storm water charge for residential properties be raised from $3.30 per quarter to $3.35 per quarter. For other properties, staff recommends that the charge be raised from $9.90 to $10.05 per quarter. ADOPTED RESOLUTION NO. 2007-73. 6. Resolution Providing for Sewer Rate Increases. William Burns, City Manager, said that staff recommends that the sewer rate be increased from $2.59 per 1,000 gallons of water usage to $3.01 per 1,000 gallons of water usage. All increases will be effective for the first billing in January of 2008. The cost to the average water user (18,000 gallons per quarter) will amount to an additional $34.56 per year ($2.88/month). ADOPTED RESOLUTION NO. 2007-74. 7. Resolution Authorizing a Change in Mileage Reimbursement Rates for the 2008 Calendar Year. William Burns, City Manager, said staff is recommending that the mileage reimbursement rate for City employees who use their own vehicles for work-related purposes be raised from $0.485/mile to $0.505/mile. ADOPTED RESOLUTION NO. 2007-75. 8. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for CLIMB Theater at AMF Bowling Centers, d/b/a AMF Maple Lanes, Located at 6310 Highway 65 N.E. (Ward 2). William Burns, City Manager, said this is a renewal application that, if approved, would license this group between March 1, 2008, and February 28, 2010. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-76. 9. Resolution Approving and Authorizing Signing an Agreement with Police Offices of the City of Fridley Police Department for the Years 2008 and 2009 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2007 PAGE 4 William Burns, City Manager, said the main changes include a 3% COLA for each year. They also include raising the minimum time paid for court standby on days off from 2 hours to 3 hours. Health, dental, and life insurance benefits will be the same as those for non-union employees. There is also new language that makes it clear that if an employee pursues a remedy allowed by the Equal Employment Opportunity Commission, he/she may also pursue other remedies allowed under state law. ADOPTED RESOLUTION NO. 2007-77. 10. Claims (134657 —134785). APPROVED. 11. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 12. Estimates. Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 2007-1 Street Improvement Project Estimate No. 9 ............................................... $18,757.75 APPROVED. APPROVAL OF THE PROPOSED CONSENT AGENDA. Councilmember Barnette asked about the Police contract and where Fridley fell in comparison with other groups. William Burns, City Manager, said that Fridley tries to stay as close as possible to the median salary of the 27 communities. Councilmember Bolkcom said with respect to Item 1, how many times has the City granted extensions for special use permits. Dr. Burns said we have done this a few times. Nothing will be lost if an extension is granted. Councilmember Bolkcom asked about Item 9 and what it would cost to extend the time from two hours to three hours. Dr. Burns answered $7,500 a year. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2007 PAGE 5 Mayor Lund asked about the plowing contract and why some streets are salt only and others are sand and salt. He asked why we did not use salt and sand in all districts. Jim Kosluchar, Public Works Director, said the City is trying to get away from using a lot of sand. In the spring, the streets need to be swept and the storm sewers need to be cleaned. The hillier areas use some sand for traction. The salt only works when the temperature is above zero. When it is really cold both sand and salt will be applied. MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Councilmember Bolkcom concerns of rental property. non-homestead. wanted to commend the Fire Department for dealing with the The latest activity report shows they found 51 properties that were Mayor Lund said that people who rent single-family homes would need to keep up with codes. If people are renting dwelling properties it does require a rental license. PUBLIC HEARING: 13. Consideration of the Issuance of Refunding Revenue Bonds under Minnesota Statutes, Chapter 462C, for Banfill Crossing, Generally Located at 8310 University Avenue N.E. (Ward 3) MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:47 P.M. Richard Pribyl, Finance Director, said earlier this year we were approached by representatives of Banfill Crossing requesting the authority to put together a document necessary to do the FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2007 PAGE 6 refinancing of their original bonds issued in 1999. Due to market conditions, they postponed the project until just recently. As you may recall from the 1999 bond issue, these bonds were issued under the authority of Minnesota Statutes 462C. This statute provides authority for municipalities to issue conduit debts for the purposes of financing multiple family rental housing for elderly persons. It does not create any liability for the City. Mr. Pribyl said this is a housing-related bond. The Series 2007 bonds will be issued in two series. The Series 2007A bond will be a global rate bond backed by Fanny Mae Credit and the Series 2007B Bonds will be marketed to credited investors only and will be paid from surplus cash flow of the proj ect. The original debt was used to finance the senior rental housing proj ect adjacent to Wal-Mart known as the Banfill Crossing Home Project. This is a 110 unit senior housing development. The proceeds of the debt will be used to refund and refinance the prior bonds. The amount of the debt that will be issued will be in an amount not to exceed $10,000,000. The City will be charging'/z% to the borrower in conjunction with this issue. Mayor Lund asked what a conduit debt was. Mr. Pribyl said this indicates that the City is not under any liability in relation to this particular type of bond issue. The borrower has to pledge to carry the debt and the transaction flows through the City. Mayor Lund asked if the purpose for the refinancing was for a lower interest rate. Mr. Pribyl said that is correct. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:51 P.M. NEW BUSINESS: 14. Resolution Certifying Final Tax Levy Requirements for 2008 to the County of Anoka. Richard Pribyl, Finance Director, said this is the 2008 tax levy and complies with the requirements of State statutes and the Fridley City Charter. The City passed the proposed levy in August in the amount of $9,527,433. The attached resolution is considered the final levy in exactly the same dollar amount. Mr. Pribyl said the 2008 levy represents an increase of 3.55% over the 2007 levy and includes the levy for the new bond that was sold in 2007 to finance the street construction project. The average levy of cities statewide has been computed at 9.2% by the Department of Revenue. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2007 PAGE 7 MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-78. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Resolution Adopting the Final Budget for the Fiscal Year 2008. Richard Pribyl, Finance Director, said at the City Council meeting on December 3, 2007, the City Manager delivered the 2008 budget message during the public hearing held for the budget. This resolution adopting the 2008 budget will finalize the budget process. The City of Fridley is not required to hold a public hearing since it is not required to comply with truth and taxation since it levied under the threshold set by the Department of Revenue, yet the City chose to follow the same steps. Mr. Pribyl said the certification of the final budget must be received by the County Auditor by December 28. The City has complied with the appropriate sections and elements of the City Charter. If anyone should have any questions regarding the 2008 budget they may access the budget at the Anoka County Library, or a copy of the budget can be obtained by contacting City Hall or Richard Pribyl at 763-572-3520. The City Manager's budget message is also on the City's website at www.ci.fridlev.mn.us. Since there were no open issues to resolve as a result of the public hearing, staff is presenting the budget for Council's approval. Staff recommends Council's approval. Mayor Lund asked about the large increase for the capital projects and if it is larger this year because this year's street reconstruction is a larger proj ect. Mr. Pribyl answered that is correct. This is the fourth and final year of the street reconstruction proj ect. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-79. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. Resolution Approving the Issuance and Sale of Revenue Bonds and Authorizing Execution and Delivery of Documents Related Thereto for Banfill Crossing, Generally Located at 8310 University Avenue N.E. (Ward 3). MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-80. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2007 PAGE 8 17. Informal Status Reports. Councilmember Bolkcom said the Fridley High School had their Alumni Concert and it was beautiful and nicely done. A lot of money was raised for scholarships. Councilmember Barnette said he is Treasurer of that organization and deposited $6,280 so it was a great fundraiser. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:02 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor PLANNING COMMISSION MEETING December 5, 2007 Chairperson Savage called the Planning Commission Meeting to order at 8:04 p.m. MEMBERS PRESENT MEMBERS ABSENT: OTHERS PRESENT: Approval of Minutes: Brad Dunham, Diane Savage, Leroy Oquist, David Kondrick, and Brad Sielaff Dean Saba and Jack Velin Stacy Stromberg, City Planner October 17, 2007 MOTION by Commissioner Kondrick to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Special Use Permit, SP #07-11, by Bernie's Automotive Inc., to allow a repair garage in a C-3, General Shopping zoning district, legally described as Lot 18, Block 5, Rice Creek Plaza South, generally located at 6528 University Avenue NE. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 8:06 P.M. Stacy Stromberg, stated the petitioner, Bernie Cooper, owner of Bernie's Automotive, is seeking a special use permit to allow the continuation of a repair garage to be accessed on the north side of the Holly Center Shopping Center, which is located at 6530 University Avenue. Stacy Stromberg, stated the subject property is zoned C-3, General Shopping and is located on the corner of University Avenue and Mississippi Street. The Holly Center Shopping Center was originally constructed in 1960 and an addition was constructed in 1970. In 1984, a special use permit was granted to allow a repair garage as part of Champion Auto, in the Holly Shopping Center. When the special use permit was approved for the repair garage in 1984, it was for minor repairs and parts installation 1 associated with the retail sales at the Champion Auto Store. The hours of operation were to coincide with the retail operation of Champion Auto. Stacy Stromberg, stated a few years ago Champion Auto vacated the Holly Shopping Center; however, a repair garage under a different owner/operator re-occupied the garage in the rear of the building with no retail space in the front of the shopping center. Recently City staff discovered junk vehicles and tow trucks being stored behind the building of Holly Center. This outside storage was a violation of the special use permit granted to the Champion Auto Store. It was at that time that staff determined that a new special use permit needs to be considered for Bernie's Automotive, since the retail use previously affiliated with this business no longer exists. As a result staff required the petitioner to apply for the current special use permit allowing the City to ensure that this new use is consistent with the goals established for the C-3, General Shopping zoning district. Stacy Stromberg, stated the City Code allows repair garages as a permitted special use in the C-3, General Shopping zoning district. Repair garages are defined as a place where major repair of motor vehicles is conducted, including engine rebuilding or reconditioning and collision service, including body, frame, or fender straightening and overall painting of motor vehicles. Bernie's Automotive has been utilizing this space for almost 3 years. The business occupies approximately 3,300 square feet in the rear portion of Holly Center Shopping Center, which has 3 service bays and 1 service door. The types of services the business provides are oil changes, engine and transmission repair, electrical diagnosis, tire, brake, suspension repair and towing of vehicles in need of repair. The petitioner doesn't provide any bodywork as part of his business. Stacy Stromberg, stated since this type of business has been in existence on this property since 1984 with very little complaints, staff feels that all impacts of the business can be mitigated through stipulations. Stacy Stromberg, stated City staff has heard from approximately five neighboring property owners who were mostly looking for clarification as to where the repair garage would be located and if Holly Center was going to be torn down. Stacy Stromberg, stated City Staff recommends approval of this special use permit request, with stipulations. Repair garages are a permitted special use in the C-2, General Business zoning district. Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Hours of operation shall be limited to Monday-Friday, 7:00 a.m. to 9:00 p.m. and Saturday and Sunday 9:00 a.m. to 9:00 p.m. 2. The petitioner shall maintain current Anoka County hazardous waste permits. 3. No overnight parking of vehicles, with the exception of one tow truck used for the business. 4. No outdoor storage of materials shall exist on the site. 2 5. Site shall not be used to display cars for sale or storage of vehicles for rent. 6. The parking lot in the rear of Holly Center Shopping Center shall be striped to be in accordance with City code requirements if vehicles will be utilizing the parking lot. 7. Exposed wiring over overhead doors to be inspected and revised as Code requires. Electrical permit shall be obtained prior to work commencement and a licensed contractor shall be obtained to complete the work. Chairperson Savage stated she was wondering about the hours of operation, why 9 p.m? Is that when the Holly Center is open? Ms. Stromberg replied actually those hours of operation came from our noise ordinance, and those hours are related to when the City allows the use of power equipment to be utilized. She has spoken a little bit with the petitioner, and he has told her that he would prefer they open as early as 8 a.m. on Saturdays and Sunday. She told him he could address that with the Planning Commissioner, and it could be potentially changed. MOTION by Commissioner Kondrick to receive the two letters into the record. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Savage asked whether Rosemary Hofstad, who submitted a letter to the Commission, understands the Holly Center is not going to be torn down? Ms. Stromberg replied she did speak with her after she submitted the letter and told her the Holly Center would not be torn down, and this business already exists within the Holly Center. Chairperson Savage asked, so these other people did not understand that the business was already there? Ms. Stromberg replied, correct. Chairperson Savage asked whether they had any problem once they knew that? Ms. Stromberg replied, no. Commissioner Dunham asked whether the hours were inconsistent with the current hours now? Is it 8 o'clock now? Ms. Stromberg replied she was unsure what his hours are right now. Commissioner Dunham asked have there been any complaints? 3 Ms. Stromberg replied, there has not. Commissioner Sielaff asked what was the source of those vehicles behind the Holly Center? Ms. Stromberg replied they were related to this business. Commissioner Sielaff asked, and they cannot be back there anymore from now on? Ms. Stromberg replied, no, storage of vehicles will not be allowed. Chairperson Savage asked Mr. Cooper whether he had any problems with the stipulations? Bernard Cooper, Bernie's Automotive, Inc., replied, no, he really does not. His only issue is with the opening time on Saturday. They are not open on Sunday. They only work on Monday through Saturday, and they would really want to be open between 8 a.m. and 5 p.m. on Saturdays. Many of their customers come in the morning on Saturday and most of them want to get their work done early. They are not open to the public on Sundays. Chairperson Savage asked whether he had anything else he wanted to add to the staff report? Mr. Cooper replied, no. Commissioner Dunham asked Mr. Cooper regarding storage of vehicles and he is clear on having just the one tow truck that can be parked outside overnight? Mr. Cooper stated during the night sometimes they will have customers who have a break down on the freeway, and he has no control over where they put a vehicle when it comes for service and it is there overnight. He stated this isn't a frequent occurrence and if it becomes a problem, he will try to expedite the process. Commissioner Kondrick asked about the overhead wires outside. Mr. Cooper stated they are old telephone wires which were existing and have nothing to do with the garage. They do not use them. It may be a property owner concern. They do not have any wiring outside. Phil Herman, Horizon Management, stated he will take a look at what the wiring issue, but he doesn't know what they are offhand. He will have an electrician look at it. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Sielaff. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 8:22 P.M. MOTION by Chairperson Oquist approving Special Use Permit, SP #07-11, by Bernie's Automotive Inc., to allow a repair garage in a C-3, General Shopping zoning district, legally described as Lot 18, Block 5, Rice Creek Plaza South, generally located at 6528 University Avenue NE, amending stipulation #1 to allow the business to start operation at 8:00 a.m. on Saturday and Sundays and eliminating stipulation #7 regarding the wiring. The special use permit was granted with the following stipulations: 1. Hours of operation shall be limited to Monday-Friday, 7:00 a.m. to 9:00 p.m. and Saturday and Sunday 8:00 a.m. to 9:00 p.m. 2. The petitioner shall maintain current Anoka County hazardous waste permits. 3. No overnight parking of vehicles, with the exception of one tow truck used for the business. 4. No outdoor storage of materials shall exist on the site. 5. Site shall not be used to display cars for sale or storage of vehicles for rent. 6. The parking lot in the rear of Holly Center Shopping Center shall be striped to be in accordance with City code requirements if vehicles will be utilizing the parking lot. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Savage stated the request will now go to City Council on January 7, 2008, to make the final decision. 2. Receive the Minutes of the October 1, 2007, Parks & Recreation Commission Meeting. MOTION by Commissioner Kondrick to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the Minutes of the September 6, 2007, Housing & Redevelopment Authority Meeting. MOTION by Commissioner Kondrick to receive the Minutes. Seconded by Commissioner Oquist. E UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS 4. Approve the Proposed 2008 Planning Commission Meeting Dates. MOTION by Commissioner Sielaff approving the 2008 meeting dates. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURN MOTION by Commission Oquist adjourning the meeting. Seconded by Commissioner Kondrick. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING ADJOURNED AT 8:25 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary 0 � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 7, 2008 January 3, 2008 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Text Amendment Request, TA #07-02, CMV Properties for Camp Bow Wow M-08-02 INTRODUCTION The petitioner, Ms. Vogtlin, is requesting a text amendment to add the language "dog day/overnight boarding facility" as a special use in the S-3, Heavy Industrial Onaway Addition zoning district. If the text amendment is approved, the petitioner is also seeking a special use permit to allow a "dog day/overnight boarding facility", which will be located at 7875 Beech Street. TEXT AMENDMENT REVIEW The petitioner is requesting a text amendment to add language to the S-3, Heavy Industrial Onaway zoning district, which would allow a"dog day/overnight boarding facility" by a special use permit. The City currently does not allow this use in any of the zoning districts within the City. The City code allows veterinary clinics, animal hospital, public kennels, and obedience school and training services in the C-2, General Business and C-3, General Shopping zoning districts by a special use permit. In those situations, the window areas housing the animals needs to be double glazed with a fixed sash, the ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air, and there can be no outside pens or holding areas. Compatibilitv with the Comprehensive Plan The Future Land Use Map in the City's Comprehensive Plan guides the subject property and the surrounding properties as industrial. Industrial uses typically involve wholesaling, warehousing, manufacturing and/or production. While the proposed use isn't as intensive as many industrial uses in this zoning district, the proposed use would fit best within an industrial district. Compatibilitv with the Zoninq District The petitioner is seeking to locate the proposed business at 7875 Beech Street, which is zoned S-3, Heavy Industrial Onaway Addition. Of particular importance when considering a text amendment is determining if the proposed use would be consistent with the purpose and intent of the zoning district in which it would become allowable, and whether or not the proposed use would be compatible with other permitted or special uses allowed within the district. The purpose of the establishment of the S-3 zoning district was to first "change the status of the industrial buildings on lots below 1.5 acres to a conforming use status". Secondly, it was established to "encourage additional expansion, investment and industrial development within the Onaway Addition." Staff finds that a dog daycare and overnight boarding use would be consistent with the purpose and intent of the S-3 zoning district, provided specific concerns related to the use are addressed. Staff has drafted an ordinance that would allow a dog daycare and overnight boarding facility contingent upon approval of a special use permit provided the following conditions are met: a) The dog day/overnight boarding facility is located at least five hundred (500) feet from any residential property line. b) An 8 foot solid fence is constructed to enclose any outdoor play areas. c) Dogs are kept indoors for overnight boarding. Staff has determined that the above mentioned conditions are necessary for the proposed use to meet the purpose and intent of the comprehensive plan and zoning ordinance. The 500 ft. minimum proximity to a residential use limits this use to the most interior properties within the Onaway District, which keeps any associated noise away from residential areas. A map has been attached showing the subject property and those properties within 500 ft. of it. Of those properties within 500 ft., none of them are residential properties. Requiring the 8 ft. solid fence and ensuring that the dogs are kept indoors overnight will help reduce any noise to adjacent properties. PLANNING COMMISSION RECOMMENDATION At the December 19, 2007, Planning Commission meeting, a public hearing was held for TA #07-02. After a brief discussion, the Planning Commission recommended approval of TA #07- 02, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The petitioner shall obtain a building permit prior to interior modifications. 2. The petitioner shall obtain a sign permit prior to installation of any new signage. 3. The petitioner shall remove bituminous pavement where the outdoor play area is to be located. 4. The ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air. 5. No outdoor storage of equipment or materials is permitted without first obtaining a special use permit. 6. The petitioner shall comply with Minnesota Rules, Chapter 1306 for sprinkler installation. 7. Special Use Permit to be reviewed within one year of the issuance of the certificate of occupancy to ensure compatibility. City of Fridley Land Use Application TA #07-02 & SP #07-12 December 19, 2007 GENERAL INFORMATION Applicant: CMV Properties LLC Constance Vogtlin 21401 Ibis Street NW Cedar M N 55011 Requested Action: Text Amendment to add "dog day/overnight boarding facility" as a special use permit in the S-3, zoning district. Special Use Permit to allow a"dog day/overnight boarding facility" in the S- 3, zoning district. Existing Zoning: S-3 (Heavy Industrial Onaway Addition) Location: 7875 Beech Street Size: 22,630 sq. ft. .52 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: Industrial & M-2 E: Industrial & S-3 S: Industrial & S-3 W: Industrial & S-3 Comprehensive Plan Conformance: Consistent with Plan Zoning History: 1911 — Lot is platted. 1972 — Building is constructed. 1991 — Loading dock constructed. Legal Description of Property: Lots 16, 17, 18, and 19, Block 2, Onaway. Public Utilities: Building is connected. Transportation: The property is accessed by Beech Street and the alley off of 79th Avenue, between Beech Street and Elm Street. Physical Characteristics: Property consists of a building, hardsurface parking and dock area, with minimal landscaping. SPECIAL INFORMATION SU M MARY OF PROJECT The petitioner, Ms. Vogtlin, is seeking a text amendment to add language to the S-3, Heavy Industrial Onaway Addition zoning district; that would allow a dog day/overnight boarding facility by a special use permit. In addition, Ms. Vogtlin is also seeking a special use permit to allow a"dog day/overnight boarding facility in the S-3, Heavy Industrial Onaway Addition zoning district, located at 7875 Beech Street. SU M MARY OF ANALYSIS City Staff recommends approval of the text amendment and the special use permit, with stipulations. CITY COUNCIL ACTION/ 60 DAY DATE City Council — January 7, 2008 60 Day — January 14, 2008 �� x x� (Subject Property) Staff Report Prepared by: Stacy Stromberg TA #07-02 and SP #07-12 REQUESTS The petitioner, Ms. Vogtlin, is requesting a text amendment to add the language "dog day/overnight boarding facility" as a special use in the S-3, Heavy Industrial Onaway Addition zoning district. If the text amendment is approved, the petitioner is also seeking a special use permit to allow a "dog day/overnight boarding facility", which will be located at 7875 Beech Street. SITE DESCRIPTION The subject property is located on the corner � � of Beech Street and 79th Avenue and is zoned S-3, Heavy Industrial Onaway Addition. The properties to the west, south ° and east are also zoned S-3, Heavy ; Industrial Onaway Addition and the � properties to the north are zoned M-2, Heavy � Industrial. The subject property is .48 acres �� "�?'� and was developed in 1972, with the construction of the 7,700 square foot building. In 1991, a variance was granted to allow the loading dock area to be � constructed in the front yard. In 1998, the � � � City created a new zoning district for � � � industrial lots below one and a half acres in � � size, with special attention to the Onaway � �'a Addition. The creation of this zoning district � � allowed lots in the Onaway Addition to come � into compliance with the code as it recognized the small lot sizes. The property can be accessed by Beech Street and 79th Avenue as well as the alley located behind the property. PROPOSED USE The petitioner states in their narrative that they are proposing to operate Camp Bow Wow (CBV� from the subject property, which is a boarding facility that offers a fun and safe environment for dogs. CBW offers both daycare services to customers who wish to drop off their dogs for the day and overnight boarding for customers who drop off their dogs before traveling. Webcams are placed throughout the facility so that owners can monitor their pets through an internet connection to the CBW website. The hours of operation will be Monday — Friday 6:30 a.m. to 7:30 p.m. and Saturday, Sundays, and Holidays 7:00 a.m. to 10:00 a.m. and from 4:00 p.m. to 7:00 p.m. for pick-up only. The petitioner has stated that the facility isn't typically staffed at night. CBW has staffed other facilities at night but has abandoned the practice nationally because they found that the dogs were aware that staff was present and then would not sleep. According to the petitioner, CBW is the first and only national franchise in the dog daycare and boarding industry, with 48 facilities currently operating across the county and over 80 more scheduled to open nationwide by 2008. CBW currently has a facility in Burnsville and in Plymouth. The Burnsville facility opened in September of 2006 and the Plymouth facility opened in November of 2007. Both the Burnsville and Plymouth facilities are located in multi- tenant industrial developments. Staff has contacted the City of Burnsville and the City of Plymouth and neither of them have received any complaints regarding there facilities. City staff had the opportunity to tour the Plymouth Camp Bow Wow and was very impressed with the overall professional appearance and cleanliness of the facility. As the petitioner has stated, this business answers an emergent need in the fast growing $40 billion per year pet industry. Based on staff's tour of the facility, it seems that they are doing a very good job at providing this service. TEXT AMENDMENT REVIEW The petitioner is requesting a text amendment to add language to the S-3, Heavy Industrial Onaway zoning district, which would allow a"dog day/overnight boarding facility" by a special use permit. The City currently does not allow this use in any of the zoning districts within the City. The City code allows veterinary clinics, animal hospital, public kennels, and obedience school and training services in the C-2, General Business and C-3, General Shopping zoning districts by a special use permit. In those situations, the window areas housing the animals needs to be double glazed with a fixed sash, the ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air, and there can be no outside pens or holding areas. Compatibilitv with the Comprehensive Plan The Future Land Use Map in the City's Comprehensive Plan guides the subject property and the surrounding properties as industrial. Industrial uses typically involve wholesaling, warehousing, manufacturing and/or production. While the proposed use isn't as intensive as many industrial uses in this zoning district, the proposed use would fit best within an industrial district. Compatibilitv with the Zoninq District The petitioner is seeking to locate the proposed business at 7875 Beech Street, which is zoned S-3, Heavy Industrial Onaway Addition. Of particular importance when considering a text amendment is determining if the proposed use would be consistent with the purpose and intent of the zoning district in which it would become allowable, and whether or not the proposed use would be compatible with other permitted or special uses allowed within the district. The purpose of the establishment of the S-3 zoning district was to first "change the status of the industrial buildings on lots below 1.5 acres to a conforming use status". Secondly, it was established to "encourage additional expansion, investment and industrial development within the Onaway Addition." Staff finds that a dog daycare and overnight boarding use would be consistent with the purpose and intent of the S-3 zoning district, provided specific concerns related to the use are addressed. Staff has drafted an ordinance that would allow a dog daycare and overnight boarding facility contingent upon approval of a special use permit provided the following conditions are met: a) The dog day/overnight boarding facility is located at least five hundred (500) feet from any residential property line. b) An 8 foot solid fence is constructed to enclose any outdoor play areas. c) Dogs are kept indoors for overnight boarding. Staff has determined that the above mentioned conditions are necessary for the proposed use to meet the purpose and intent of the comprehensive plan and zoning ordinance. The 500 ft. 2 minimum proximity to a residential use limits this use to the most interior properties within the Onaway District, which keeps any associated noise away from residential areas. A map has been attached showing the subject property and those properties within 500 ft. of it. Of those properties within 500 ft., none of them are residential properties. Requiring the 8 ft. solid fence and ensuring that the dogs are kept indoors overnight will help reduce any noise to adjacent properties. SPECIAL USE PERMIT REVIEW Contingent upon the approval of the text amendment to allow a"day day/overnight boarding facility" as a special use in the S-3, Heavy Industrial Onaway Addition; the petitioner is also seeking a special use permit to allow this type of use to be located at 7875 Beech Street. The existing property is 22,630 square feet (.52 acres) and the existing building is 7,700 square feet. The petitioner plans to re-design the interior space of the building to include a lobby, reception area, office, utility/storage rooms, a lounge, a dog interview room, 58 kennels, and 3 indoor play areas. They are also proposing to have a 20 ft. by 110 ft. outdoor play area. The outdoor play area will be divided into three separate play areas. The separate play areas allow the petitioner to divide the dogs by size and behavior. The outdoor play areas would be connected by doors to three additional play areas inside the building. The building currently has three overhead doors on the front elevation facing Beech Street. The petitioner plans to enclose two of the doors and install a window within one of them. Along with enclosing two of the overhead garage doors and installing some windows, the petitioner also plans to do some paint work and install new signage to enhance the exterior of the building. As part of the approval of the special use permit, the petitioner needs to meet the conditions set forth in the proposed ordinance language. Staff has determined that the petitioner's request meets the standards that are noted below: ■ The proposed business is located over 500 ft. from any residential property, see attached map. ■ The petitioner proposes to construct an 8 ft. solid vinyl fence to enclose the outdoor play area. ■ The petitioner will keep all dogs indoor during the overnight boarding. Staff also reviewed the site to ensure that parking demands will be met as well as the need for additional landscaping. The petitioner has stated that they anticipate a maximum of 5 employees on staff each day. City code would require 8 parking stalls based on 1,000 square feet of office space and 6,700 square feet of warehouse space. The petitioner is proposing to install 13 stalls and proofing an additional 5 stalls if the need were ever warranted. The � petitioner plans to remove the existing loading dock area in the front yard in order to make room for the parking stalls and additional landscaping. The petitioner has submitted a plan that shows the installation of 7 new trees and shrubbery or perennials to be planted along the front of the building. The new landscaping combined with the re-working of the parking area will be a nice improvement to this site as well as the neighborhood. Noise The petitioner recognizes that the proposed use could generate noise from barking dogs. Unlike the Burnsville and Plymouth facilities, the proposed location is a free-standing building so interior noise will not be an issue. The petitioner also states that external noise has not been an issue with other CBW locations. The 8 ft. high solid vinyl fence is a key element to sound abatement. The dogs are kept inside, with only brief, monitored time periods outside. CBW has noted that they hire staff that is well trained in animal behavior and who constantly monitor the dogs inside and outside. They specialize is training techniques to keep barking to an absolute minimum. If necessary, overly disruptive dogs will be placed in a kennel and the owner will be called to pick them up. The City's Animal Control ordinance deems any animal that barks, howls, cries, yelps, or makes any other noise habitually and/or repetitively that the person who owns, keeps, or harbors the animal knows, or has reasonable grounds to know that it will, or tend to, alarm, anger or disturb other persons residing in the vicinity thereof a nuisance. If noise were to become a concern for a neighboring property owner, staff will monitor the property for violations of the animal control ordinance and handle them accordingly. Odor/Waste Disposal The petitioner has stated that the clientele that is targeted for their type of business is very selective, which requires their facility to remain spotless. They use specialized bio-gradable cleaners and disinfectants, which are the same products used in hospitals and childcare centers. CBW provides all franchisees with set cleaning schedules and evaluations are conducted year round to insure proper maintenance of the facility. The CBW waste removal routine includes constant play area clean-up and disposal into a lined galvanized steel trash can with a lid. A typical CBW produces approximately one large garbage bag of waste each day, with is placed in the dumpster which will located in the rear of the building, near play area #3. Drainaqe The petitioner has articulated to staff that the dogs are typically let outside into the play area to relieve themselves, so as to not create confusion for the dog. It's CBW policy to place 4 inches of level pea gravel in the outdoor play areas which is specifically designed for dogs. The gravel material allows for easy clean up, prevents digging, and is safe for the dogs to ingest. Staff has determined that it is in the City's best interest to have the petitioner remove the existing asphalt surface to construct the exterior play area. The 4 inches of pea gravel would then be placed on top of the ground, which will � prevent the urine from running off into the storm sewer and will instead allow it to seep into the ground to be treated. City staff hasn't heard any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this text amendment request, subject to stipulations. ■ Dog Day/Overnight boarding use will be allowed by a special use permit. Any impacts of the business will be mitigated through stipulations. City Staff a/so recommends approval of the special use permit request, subject to stipulations. STIPULATIONS Staff recommends that if the text amendment and special use permit are granted, the following stipulations be attached. 1. The petitioner shall obtain a building permit prior to interior modifications. 2. The petitioner shall obtain a sign permit prior to installation of any new signage. 3. The petitioner shall remove bituminous pavement where the outdoor play area is to be located. 4. The ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air. 5. No outdoor storage of equipment or materials is permitted without first obtaining a special use permit. 6. The petitioner shall comply with Minnesota Rules, Chapter 1306 for sprinkler installation. 7. Special Use Permit to be reviewed within one year of the issuance of the certificate of occupancy to ensure compatibility. � � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 7, 2008 January 3, 2008 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #07-12, CMV Properties for Camp Bow Wow M-08-03 INTRODUCTION The petitioner, Ms. Vogtlin, is requesting a text amendment to add the language "dog day/overnight boarding facility" as a special use in the S-3, Heavy Industrial Onaway Addition zoning district. If the text amendment is approved, the petitioner is also seeking a special use permit to allow a "dog day/overnight boarding facility", which will be located at 7875 Beech Street. SPECIAL USE PERMIT REVIEW Contingent upon the approval of the text amendment to allow a"day day/overnight boarding facility" as a special use in the S-3, Heavy Industrial Onaway Addition; the petitioner is also seeking a special use permit to allow this type of use to be located at 7875 Beech Street. The existing property is 22,630 square feet (.52 acres) and the existing building is 7,700 square feet. The petitioner plans to re-design the interior space of the building to include a lobby, reception area, office, utility/storage rooms, a lounge, a dog interview room, 58 kennels, and 3 indoor play areas. They are also proposing to have a 20 ft. by 110 ft. outdoor play area. The outdoor play area will be divided into three separate play areas. The separate play areas allow the petitioner to divide the dogs by size and behavior. The outdoor play areas would be connected by doors to three additional play areas inside the building. The building currently has three overhead doors on the front elevation facing Beech Street. The petitioner plans to enclose two of the doors and install a window within one of them. Along with enclosing two of the overhead garage doors and installing some windows, the petitioner also plans to do some paint work and install new signage to enhance the exterior of the building. As part of the approval of the special use permit, the petitioner needs to meet the conditions set forth in the proposed ordinance language. Staff has determined that the petitioner's request meets the standards that are noted below: ■ The proposed business is located over 500 ft. from any residential property, see attached map. ■ The petitioner proposes to construct an 8 ft. solid vinyl fence to enclose the outdoor play area. ■ The petitioner will keep all dogs indoor during the overnight boarding. Staff also reviewed the site to ensure that parking demands will be met as well as the need for additional landscaping. The petitioner has stated that they anticipate a maximum of 5 employees on staff each day. City code would require 8 parking stalls based on 1,000 square feet of office space and 6,700 square feet of warehouse space. The petitioner is proposing to install 13 stalls and proofing an additional 5 stalls if the need were ever warranted. The petitioner plans to remove the existing loading dock area in the front yard in order to make room for the parking stalls and additional landscaping. The petitioner has submitted a plan that shows the installation of 7 new trees and shrubbery or perennials to be planted along the front of the building. The new landscaping combined with the re-working of the parking area will be a nice improvement to this site as well as the neighborhood. PLANNING COMMISSION RECOMMENDATION At the December 19, 2007, Planning Commission meeting, a public hearing was held for SP #07-12. After a brief discussion, the Planning Commission recommended approval of SP #07- 12, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The petitioner shall obtain a building permit prior to interior modifications. 2. The petitioner shall obtain a sign permit prior to installation of any new signage. 3. The petitioner shall remove bituminous pavement where the outdoor play area is to be located. 4. The ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air. 5. No outdoor storage of equipment or materials is permitted without first obtaining a special use permit. 6. The petitioner shall comply with Minnesota Rules, Chapter 1306 for sprinkler installation. 7. Special Use Permit to be reviewed within one year of the issuance of the certificate of occupancy to ensure compatibility. City of Fridley Land Use Application TA #07-02 & SP #07-12 December 19, 2007 GENERAL INFORMATION Applicant: CMV Properties LLC Constance Vogtlin 21401 Ibis Street NW Cedar M N 55011 Requested Action: Text Amendment to add "dog day/overnight boarding facility" as a special use permit in the S-3, zoning district. Special Use Permit to allow a"dog day/overnight boarding facility" in the S- 3, zoning district. Existing Zoning: S-3 (Heavy Industrial Onaway Addition) Location: 7875 Beech Street Size: 22,630 sq. ft. .52 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: Industrial & M-2 E: Industrial & S-3 S: Industrial & S-3 W: Industrial & S-3 Comprehensive Plan Conformance: Consistent with Plan Zoning History: 1911 — Lot is platted. 1972 — Building is constructed. 1991 — Loading dock constructed. Legal Description of Property: Lots 16, 17, 18, and 19, Block 2, Onaway. Public Utilities: Building is connected. Transportation: The property is accessed by Beech Street and the alley off of 79th Avenue, between Beech Street and Elm Street. Physical Characteristics: Property consists of a building, hardsurface parking and dock area, with minimal landscaping. SPECIAL INFORMATION SU M MARY OF PROJECT The petitioner, Ms. Vogtlin, is seeking a text amendment to add language to the S-3, Heavy Industrial Onaway Addition zoning district; that would allow a dog day/overnight boarding facility by a special use permit. In addition, Ms. Vogtlin is also seeking a special use permit to allow a"dog day/overnight boarding facility in the S-3, Heavy Industrial Onaway Addition zoning district, located at 7875 Beech Street. SU M MARY OF ANALYSIS City Staff recommends approval of the text amendment and the special use permit, with stipulations. CITY COUNCIL ACTION/ 60 DAY DATE City Council — January 7, 2008 60 Day — January 14, 2008 �� x x� (Subject Property) Staff Report Prepared by: Stacy Stromberg TA #07-02 and SP #07-12 REQUESTS The petitioner, Ms. Vogtlin, is requesting a text amendment to add the language "dog day/overnight boarding facility" as a special use in the S-3, Heavy Industrial Onaway Addition zoning district. If the text amendment is approved, the petitioner is also seeking a special use permit to allow a "dog day/overnight boarding facility", which will be located at 7875 Beech Street. SITE DESCRIPTION The subject property is located on the corner � � of Beech Street and 79th Avenue and is zoned S-3, Heavy Industrial Onaway Addition. The properties to the west, south ° and east are also zoned S-3, Heavy ; Industrial Onaway Addition and the � properties to the north are zoned M-2, Heavy � Industrial. The subject property is .48 acres �� "�?'� and was developed in 1972, with the construction of the 7,700 square foot building. In 1991, a variance was granted to allow the loading dock area to be � constructed in the front yard. In 1998, the � � � City created a new zoning district for � � � industrial lots below one and a half acres in � � size, with special attention to the Onaway � �'a Addition. The creation of this zoning district � � allowed lots in the Onaway Addition to come � into compliance with the code as it recognized the small lot sizes. The property can be accessed by Beech Street and 79th Avenue as well as the alley located behind the property. PROPOSED USE The petitioner states in their narrative that they are proposing to operate Camp Bow Wow (CBV� from the subject property, which is a boarding facility that offers a fun and safe environment for dogs. CBW offers both daycare services to customers who wish to drop off their dogs for the day and overnight boarding for customers who drop off their dogs before traveling. Webcams are placed throughout the facility so that owners can monitor their pets through an internet connection to the CBW website. The hours of operation will be Monday — Friday 6:30 a.m. to 7:30 p.m. and Saturday, Sundays, and Holidays 7:00 a.m. to 10:00 a.m. and from 4:00 p.m. to 7:00 p.m. for pick-up only. The petitioner has stated that the facility isn't typically staffed at night. CBW has staffed other facilities at night but has abandoned the practice nationally because they found that the dogs were aware that staff was present and then would not sleep. According to the petitioner, CBW is the first and only national franchise in the dog daycare and boarding industry, with 48 facilities currently operating across the county and over 80 more scheduled to open nationwide by 2008. CBW currently has a facility in Burnsville and in Plymouth. The Burnsville facility opened in September of 2006 and the Plymouth facility opened in November of 2007. Both the Burnsville and Plymouth facilities are located in multi- tenant industrial developments. Staff has contacted the City of Burnsville and the City of Plymouth and neither of them have received any complaints regarding there facilities. City staff had the opportunity to tour the Plymouth Camp Bow Wow and was very impressed with the overall professional appearance and cleanliness of the facility. As the petitioner has stated, this business answers an emergent need in the fast growing $40 billion per year pet industry. Based on staff's tour of the facility, it seems that they are doing a very good job at providing this service. TEXT AMENDMENT REVIEW The petitioner is requesting a text amendment to add language to the S-3, Heavy Industrial Onaway zoning district, which would allow a"dog day/overnight boarding facility" by a special use permit. The City currently does not allow this use in any of the zoning districts within the City. The City code allows veterinary clinics, animal hospital, public kennels, and obedience school and training services in the C-2, General Business and C-3, General Shopping zoning districts by a special use permit. In those situations, the window areas housing the animals needs to be double glazed with a fixed sash, the ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air, and there can be no outside pens or holding areas. Compatibilitv with the Comprehensive Plan The Future Land Use Map in the City's Comprehensive Plan guides the subject property and the surrounding properties as industrial. Industrial uses typically involve wholesaling, warehousing, manufacturing and/or production. While the proposed use isn't as intensive as many industrial uses in this zoning district, the proposed use would fit best within an industrial district. Compatibilitv with the Zoninq District The petitioner is seeking to locate the proposed business at 7875 Beech Street, which is zoned S-3, Heavy Industrial Onaway Addition. Of particular importance when considering a text amendment is determining if the proposed use would be consistent with the purpose and intent of the zoning district in which it would become allowable, and whether or not the proposed use would be compatible with other permitted or special uses allowed within the district. The purpose of the establishment of the S-3 zoning district was to first "change the status of the industrial buildings on lots below 1.5 acres to a conforming use status". Secondly, it was established to "encourage additional expansion, investment and industrial development within the Onaway Addition." Staff finds that a dog daycare and overnight boarding use would be consistent with the purpose and intent of the S-3 zoning district, provided specific concerns related to the use are addressed. Staff has drafted an ordinance that would allow a dog daycare and overnight boarding facility contingent upon approval of a special use permit provided the following conditions are met: a) The dog day/overnight boarding facility is located at least five hundred (500) feet from any residential property line. b) An 8 foot solid fence is constructed to enclose any outdoor play areas. c) Dogs are kept indoors for overnight boarding. Staff has determined that the above mentioned conditions are necessary for the proposed use to meet the purpose and intent of the comprehensive plan and zoning ordinance. The 500 ft. 2 minimum proximity to a residential use limits this use to the most interior properties within the Onaway District, which keeps any associated noise away from residential areas. A map has been attached showing the subject property and those properties within 500 ft. of it. Of those properties within 500 ft., none of them are residential properties. Requiring the 8 ft. solid fence and ensuring that the dogs are kept indoors overnight will help reduce any noise to adjacent properties. SPECIAL USE PERMIT REVIEW Contingent upon the approval of the text amendment to allow a"day day/overnight boarding facility" as a special use in the S-3, Heavy Industrial Onaway Addition; the petitioner is also seeking a special use permit to allow this type of use to be located at 7875 Beech Street. The existing property is 22,630 square feet (.52 acres) and the existing building is 7,700 square feet. The petitioner plans to re-design the interior space of the building to include a lobby, reception area, office, utility/storage rooms, a lounge, a dog interview room, 58 kennels, and 3 indoor play areas. They are also proposing to have a 20 ft. by 110 ft. outdoor play area. The outdoor play area will be divided into three separate play areas. The separate play areas allow the petitioner to divide the dogs by size and behavior. The outdoor play areas would be connected by doors to three additional play areas inside the building. The building currently has three overhead doors on the front elevation facing Beech Street. The petitioner plans to enclose two of the doors and install a window within one of them. Along with enclosing two of the overhead garage doors and installing some windows, the petitioner also plans to do some paint work and install new signage to enhance the exterior of the building. As part of the approval of the special use permit, the petitioner needs to meet the conditions set forth in the proposed ordinance language. Staff has determined that the petitioner's request meets the standards that are noted below: ■ The proposed business is located over 500 ft. from any residential property, see attached map. ■ The petitioner proposes to construct an 8 ft. solid vinyl fence to enclose the outdoor play area. ■ The petitioner will keep all dogs indoor during the overnight boarding. Staff also reviewed the site to ensure that parking demands will be met as well as the need for additional landscaping. The petitioner has stated that they anticipate a maximum of 5 employees on staff each day. City code would require 8 parking stalls based on 1,000 square feet of office space and 6,700 square feet of warehouse space. The petitioner is proposing to install 13 stalls and proofing an additional 5 stalls if the need were ever warranted. The � petitioner plans to remove the existing loading dock area in the front yard in order to make room for the parking stalls and additional landscaping. The petitioner has submitted a plan that shows the installation of 7 new trees and shrubbery or perennials to be planted along the front of the building. The new landscaping combined with the re-working of the parking area will be a nice improvement to this site as well as the neighborhood. Noise The petitioner recognizes that the proposed use could generate noise from barking dogs. Unlike the Burnsville and Plymouth facilities, the proposed location is a free-standing building so interior noise will not be an issue. The petitioner also states that external noise has not been an issue with other CBW locations. The 8 ft. high solid vinyl fence is a key element to sound abatement. The dogs are kept inside, with only brief, monitored time periods outside. CBW has noted that they hire staff that is well trained in animal behavior and who constantly monitor the dogs inside and outside. They specialize is training techniques to keep barking to an absolute minimum. If necessary, overly disruptive dogs will be placed in a kennel and the owner will be called to pick them up. The City's Animal Control ordinance deems any animal that barks, howls, cries, yelps, or makes any other noise habitually and/or repetitively that the person who owns, keeps, or harbors the animal knows, or has reasonable grounds to know that it will, or tend to, alarm, anger or disturb other persons residing in the vicinity thereof a nuisance. If noise were to become a concern for a neighboring property owner, staff will monitor the property for violations of the animal control ordinance and handle them accordingly. Odor/Waste Disposal The petitioner has stated that the clientele that is targeted for their type of business is very selective, which requires their facility to remain spotless. They use specialized bio-gradable cleaners and disinfectants, which are the same products used in hospitals and childcare centers. CBW provides all franchisees with set cleaning schedules and evaluations are conducted year round to insure proper maintenance of the facility. The CBW waste removal routine includes constant play area clean-up and disposal into a lined galvanized steel trash can with a lid. A typical CBW produces approximately one large garbage bag of waste each day, with is placed in the dumpster which will located in the rear of the building, near play area #3. Drainaqe The petitioner has articulated to staff that the dogs are typically let outside into the play area to relieve themselves, so as to not create confusion for the dog. It's CBW policy to place 4 inches of level pea gravel in the outdoor play areas which is specifically designed for dogs. The gravel material allows for easy clean up, prevents digging, and is safe for the dogs to ingest. Staff has determined that it is in the City's best interest to have the petitioner remove the existing asphalt surface to construct the exterior play area. The 4 inches of pea gravel would then be placed on top of the ground, which will � prevent the urine from running off into the storm sewer and will instead allow it to seep into the ground to be treated. City staff hasn't heard any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this text amendment request, subject to stipulations. ■ Dog Day/Overnight boarding use will be allowed by a special use permit. Any impacts of the business will be mitigated through stipulations. City Staff a/so recommends approval of the special use permit request, subject to stipulations. STIPULATIONS Staff recommends that if the text amendment and special use permit are granted, the following stipulations be attached. 1. The petitioner shall obtain a building permit prior to interior modifications. 2. The petitioner shall obtain a sign permit prior to installation of any new signage. 3. The petitioner shall remove bituminous pavement where the outdoor play area is to be located. 4. The ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air. 5. No outdoor storage of equipment or materials is permitted without first obtaining a special use permit. 6. The petitioner shall comply with Minnesota Rules, Chapter 1306 for sprinkler installation. 7. Special Use Permit to be reviewed within one year of the issuance of the certificate of occupancy to ensure compatibility. � / AGENDA ITEM � CITY COUNCIL MEETING OF JANUARY 7, 2008 crrr aF FRIdLEY Date: December 27, 2007 To: Wiliiam Burns, City Manager Y[�� wt From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #07-11, Bernie's Automotive M-08-01 INTRODUCTION The petitioner, Bernie Cooper, owner of Bernie's Automotive, is seeking a special use permit to allow the continuation of a repair garage to be accessed on the north side of the Holly Shopping Center, which is located at 6530 University Avenue. A few years ago Champion Auto vacated the Holly Shopping Center; however a repair garage under a different owner/operator re-occupied the garage in the rear of the building, with no retail space in the front of the shopping center. Recently City staff discovered junk vehicles and tow trucks being stored behind the building of Holly Center. This outside storage was a violation of the special use permit granted to the Champion Auto Store. It was at that time that staff determined that a new special use permit needs to be considered for Bernie's Automotive, since the retail use previously affiliated with this business no longer exists. As a result, staff required the petitioner to apply for the current special use permit, allowing the City to ensure that this new use is consistent with the goals established for the C-3, General Shopping zoning district. PLANNING COMMISSION RECOMMENDATION At the December 5, 2007, Planning Commission meeting, a public hearing was held for SP #07-11. The petitioner asked the Planning Commission to modify the first stipulation to allow the business to be open at 8:00 a.m. on Saturdays instead of 9:00 a.m. He stated that the business isn't open on Sundays, but they've always started at 8:00 a.m. on Saturdays and would like to continue to do so. The petitioner and the owner of Holly Center also reference the last stipulation related to the exposed wires on the building by the Bernie's 23 Automotive entrance. The petitioner stated that they are old telephone wires and are not used by his business. The property owner stated that he will have an electrician look at them and remove them if need be. After a brief discussion, the Planning Commission recommended approval of SP #07-10, with a change in stipulations #1, to state that the business can open at 8:00 a.m. on Saturdays and Sundays and also recommended approval with the removal of stipulation #7 related to the exposed wiring. They felt that the owner of the building could look into that and have the wires removed without it being tied to this special use permit request. The rest of the stipulations were approved as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Hours of operation shall be limited to Monday-Friday, 7:00 a.m. fo 9:00 p.m. and Saturday and Sunday 8:00 a.m. to 9:00 p.m. 2. The petitioner shall maintain current Anoka County hazardous waste permits. 3. No overnight parking of vehicles, with the exception of one tow truck used for the business. 4. No outdoor storage of materials shall exist on the site. 5. Site shall not be used to display cars for sale or storage of vehicles for rent. 6. The parking lot in the rear of Holly Center Shopping Center shall be striped to be in accordance with City code requirements if vehicles will be utilizing the parking lot. 24 City of Fridley Land Use Application SP #07-11 December 5, 2007 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Bernard Cooper Bernie's Automotive Inc. 6528 University Avenue Fridlev MN 55432 Requested Action: Special use permit to allow a repair garage. Existing Zoning: C-3 (General Shopping) Location: 6528 University Avenue (Holly Center — 6530 University Avenue) Size: 346,308 sq. ft. 7.95 acres Existing Land Use: Retail Strip Mall — Holly Center Surrounding Land Use & Zoning: N: Single Family & R-1 E: University Avenue & ROW S: Christenson Crossing Dev. & S-2 W: Aqt. Buildinas & R-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.15.01.C.(4� requires a special use permit for repair garages. Zoning History: 1960 — Building Constructed. 1978 — Addition to building. There have been several interior modifications since the building was constructed. Legal Description of Property: Lot 18, Block 5, Rice Creek Plaza South Addition Public Utilities: Building is connected. Transportation: University Avenue slip-off and Mississippi Street provide access to the property. Physical Characteristics: Building, parking lot, and typical suburban landscaping. SUMMARY OF PROJECT The petitioner, Mr. Cooper, is seeking a special use permit to allow a repair garage to continue to exist at the Holly Center Shopping Center, which is located at 6530 University Avenue. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit request, with stipulations. Repair garages are a permitted special use in the C-3, General Shopping zoning district CITY COUNCIL ACTION/ 60 DAY DATE City Council — January 7, 2008 60 Day — December 31, 2007 Bernie's Automotive Signage in Holly Center Staff Report Prepared by: Stacy Stromberg SP #07-11 REQUEST The petitioner, Bernie Cooper, owner of Bernie's Automotive, is seeking a special use permit to allow the continuation of a repair garage to be accessed on the north side of the Holly Center Shopping Center, which is located at 6530 University Avenue. ANALYSIS The subject property is zoned C-3, General Shopping and is located on the corner of University Avenue and Mississippi Street. The Holly Center Shopping Center was originally constructed in 1960 and an addition was constructed in 1970. In 1984, a special use permit was granted to allow a repair garage as part of Champion Auto, in the Holly Shopping Center. When the special use permit was approved for the repair garage in 1984, it was for minor repairs and parts installation associated with the retail sales at the Champion Auto Store. The hours of operation were to coincide with the retail operation of Champion Auto. �� " � -.,, ,5, �! ,. r�� G�1 e 11` —_I— ` . � :5J t ?LJ 3'7 �'' I �� ;. ; :=F :r � ;:1 MISSISSIPPI ST ---�---, , u t;9��,� �� ,� �� ' �� ' ��( �� . ._.,.�..� : � A few years ago Champion Auto vacated the Holly Shopping Center; however a repair garage under a different owner7operator re-occupied the garage in the rear of the building, with no retail space in the front of the shopping center. Recently City staff discovered junk vehicles and tow trucks being stored behind the building of Holly Center. This outside storage was a violation of the special use permit granted to the Champion Auto Store. It was at that time that staff determined that a new special use permit needs to be considered for Bernie's Automotive, since the retail use previously affiliated with this business no longer exists. As a result staff required the petitioner to apply for the current special use permit allowing the City to ensure that this new use is consistent with the goals established for the C-3, General Shopping zoning district. � The City Code allows repair garages as a permitted special use in the C-3, General Shopping zoning district. Repair garages are defined as a place where major repair of motor vehicles is conducted, including engine rebuilding or reconditioning and collision service, including body, frame, or fender straightening and overall painting of motor vehicles. Bernie's Automotive has been utilizing this space for almost 3 years. The business occupies approximately 3,300 square feet in the rear portion of Holly Center Shopping Center, which has 3 service bays and 1 service door. The types of services the business provides are oil changes, engine and transmission repair, electrical diagnosis, tire, brake, suspension repair and towing of vehicles in need of repair. The petitioner doesn't provide any body work as part of his business. Since this type of business has been in existence on this property since 1984 with very little complaints, staff feels that all impacts of the business can be mitigated through stipulations. RECOMMENDATIONS City Staff recommends approval of this special use permit request, with stipulations. Repair garages are a permitted special use in the C-2, General Business zoning district. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Hours of operation shall be limified t� Monday-Friday, 7:00 a.m. to 9:00 p.m. and Saturday and Sunday 85:00 a.m. to 9:00 p.m. 2. The petitioner shall maintain current Anoka County hazardous waste permits. 3. No overnight parking of vehicles, with the exception of one tow truck used for the business. 4. No outdoor storage of materials shall exist on the site. 5. Site shall not be used to display cars for sale or storage of vehicles for rent. 6. The parking lot in the rear of Holly Center Shopping Center shall be striped to be in accordance with City code requirements if vehicles will be utilizing the parking lot. 7 Cvnn�orl ��iirinn nvor n�iorho•+r) �7nnro 4n he inonon�orl �nr! rovicori �c nnrlo -r. �.-r---- ------�a ---� -----�---- ----- -- --- -----occ,o v��o IGYIOGO o��vQv rorn �iro Clor�rin•+I normi4 h•+II F�o nh4r+inor� nrinr 4n ��inrL nr�mmonnomon� � nr1 linoncori rr�n4r'+n}nr c�hr.11 ho �i��.inor� 4� rmm�lo�o �iio ��r�rL ar�cra-�rvc,...,.�... .....��.�.......... .,......�. ....� ........��..�.. ... .�... .r...�_.� ..._ _._.... � r � CITY OF FRIDLEY TO: FROM: ��ENDA COUNCIL MEETING OF ITEM JANUARY 7, 2008 WILLIAM W. BURNS, CITY MANAGER i�� R/CHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH RE/MBURSEMENT BOND REGULAT/ONS UNDER THE /NTERNAL REVENUE CODE DATE: January 3, 2008 Attached is the resolution prepared by the City,'s Bond Counsel, Mary Ippel from the firm of Briggs and Morgan. This resolution is the same as the one that was passed last year by the City Council and pertains to the debt that we issue annually in conjunction with our stre�t reconstruction program. The bonds issued by the City are used to reimburse itself for the costs associated with certain predetermined projects. This spring and summer the City will be working on the final phase of the four year expanded street improvement project. The costs associated with these projects have been determined to be financed by a General Obligation Improvement Bond supported by an additional tax levy. The City will also be issuing Water Revenue Bonds to provide funding for much needed repairs to the Highway 65 water tower along with some other needed repairs to the water fund capital assets. This resolution authorizes the Finance Director to create a declaration of intent to reimburse for each general obligation bond used to finance each of our improvement projects. This resolution has attached to it an Exhibit A, which is the "Declaration of IntenY' that shall be used for this summer's street improvement �roject and the related general obligation debt that shall be issued to cover those expenses. �r' This resolution is only used to declare, an in�ent to reimburse, and does not provide the Finance Director with any new role in the issuance of general obligation bonds which has always been the City Council's role. RDP/me Attachment(s) rt•� RESOLUTION NO. , 2008 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: RECITALS - The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2, (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of bonds used to reimburse the City for any project expenditure paid by the City prior to the time of issuance of those bonds. The Regulations generally require that the City (as the issuer of or the primary obligor under the bonds) make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the of payment of the expenditure or (2) the date the proj ect is placed in service (but in no event more than 3 years after actual payment). The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. OFFICIAL INTENT DECLARATION — The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the Finance Director to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: Each Declaration shall be made not later than 60 days after payment of the applicable proj ect cost and shall state that the City reasonable expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A, which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. Each Declaration shall contain a reasonably accurate description of the "proj ect" as defined in the Regulations (which may include the property or program to be financed, as applicable), to which the expenditure relates and state the maximum principal amount of bonding expected to be issued for that proj ect. Care shall be taken so that the City, or it authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect that reimbursement bonds will be issued to finance the subject project costs, and the City officials are hereby authorized to consult with bon counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to proj ect expenditures for which the City has made declarations. REIMBURSEMENT ALLOCATIONS. If the City is acting as the issuer of the reimbursement bonds, the designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. EFFECT. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JANUARY, 2008. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK EXHIBIT A Declaration of Official Intent The undersigned being duly appointed and acting Finance Director of the City of Fridley, Minnesota ("the City"), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: The undersigned has been and is on the date hereof duly authorized by the City Council of the City to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. This Declaration relates to the following project, property or program (the "project") and the costs thereof to be financed: 2008 STREET RECONSTRUCTION PROGRAM The City reasonably expects to reimburse itself for the payment of certain costs of the Proj ect out of the proceeds of a bond issue or similar borrowing (the `Bonds") to be issued after the date of payment of such costs. As of the date hereof, the City reasonably expects that $2,300,000 is the maximum principal amount of the Bonds which will be issued to finance the Project. 2008 WATER FUND IMPROVEMENT PROGRAM During 2007 the residents of the City of Fridley approved a change to the City Charter that would allow increases to the utility rates in accordance with Chapter 11 of the Charter. This would allow the City to proceed with the needed repair and maintenance of its items outlined in the 5 year Capital Improvements Program. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the `Bonds") to be issued after the date of payment of such costs. As of the date hereof, the City reasonably expects that $2,000,000 is the maximum principal amount of the Bonds which will be issued to finance the Proj ect. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.1502(d)(3) of the Regulations. AS of the date hereof, the statements and expectations contained in the Declaration are believed to be reasonable and accurate. Date: 2008 Richard D. Pribyl — Finance Director City of Fridley � � �fTY �F FRIDLEY T0: FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 7, 2008 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 2008 January 2, 2008 Attached is a resolution designating the Focus News as the official legal newspaper for the City of Fridley for the year 2008. The Minneapolis Star Tribune is designated as the City of Fridley's second official newspaper for the year 2008. RDP/me Attachment RESOLUTION NO. - 2008 RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 2008 WHEREAS, the Charter of the City of Fridley requires in Section 12.01 thereof that the City Council annually designate an official newspaper for the City. NOW, THEREFORE, BE IT RESOLVED that the Focus News is designated the official legal newspaper for the City of Fridley for the year 2008 for all publications required to be published therein. BE IT FURTHER RESOLVED that the Minneapolis Star and Tribune be designated as the City of Fridley's second official newspaper for the year 2008. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JANUARY, 2008. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � �fTY �F FRIDLEY T0: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 7, 2008 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES DATE: January 2, 2008 Attached is a resolution that will appoint Wells Fargo Bank Minnesota N.A. as the City's official depository for 2008 We are incurring little cost for the service we are provided by Wells Fargo Bank Minnesota N.A. At this time, it does not seem to be beneficial to solicit for banking services since our options are limited within the City The service we receive is very good; Wells Fargo Bank Minnesota N.A. has been responsive to our requests for information. In using Wells Fargo Bank Minnesota N.A. we are able to invest idle cash on a daily basis with minimum cost to the City. We are able to determine daily needs and invest the balance in a money market account with Wells Fargo and First Trust. If we were to change the provider for the banking services we would need to change the method in which we invest idle funds and the ease in which we make deposits. RDP/me Attachment RESOLUTION NO. 2008 - RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY I, Richard D. Pribyl, do hereby certify that I am Finance Director-Treasurer of the City of Fridley, a corporation organized under the laws of the State of Minnesota. I further certify that at a meeting of said corporation duly and properly called and held on the 7t'' day of January, 2008, the following resolution was passed; that a quorum was present at said meeting; and that said resolution is set forth in the minutes of ineeting and has not been rescinded or modified. IT IS HEREBY RESOLVED, that Wells Fargo Banks is hereby designated as a depository for the funds of this corporation. IT IS FURTI�R RESOLVED, that checks, drafts or other withdrawal orders issued against the funds of this corporation on deposit with said bank sha11 be signed by two of the following: Richard D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Burns, City Manager and that said bank is hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTI�R RESOLVED, that Wells Fargo Banks as a designated depository of the corporation is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of two of the following: Richard D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Burns, City Manager and Wells Fargo Banks shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may haue been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with Wells Fargo Banks by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and a11 resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. Page 2- Resolution No. , 2008 BE IT FURTI�R RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said bank prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or sauings and loan may be used as depositories for investment purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTI�R RESOLVED, that the signatures of two of the following named City employees are required for withdrawal of City investment funds from sauings and loan associations: Richard D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Burns, City Manager BE IT FURTI�R RESOLVED, that any brokerage firm may be used as a vendor for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. I further certify that the Council of this corporation has, and at the time of adoption of said resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named who haue full power and lawful authority to exercise the same. PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF JANUARY, 2008. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � �fTY �F FRIDLEY To: From: Date: AGENDA ITEM CITY COUNCIL MEETING OF January 07, 2008 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk December 20, 2007 Re: Spring Lake Park Lions Application for Lawful Gambling Premise Permit at Knights of Columbus #4381 (North Air Home Association) Located at 6831 Highway 65 NE Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. A Premise Permit application was received from the Spring Lake Park Lions to conduct lawful gambling at the Knights of Columbus #4381 (North Air Home Association) located at 6831 Highway 65 NE. The Knights of Columbus and the Church of the Immaculate Conception have both provided letters to the City stating they are terminating their Gambling Licenses effective January 1, 2008. State law requires a resolution from the City Council approving the premise permit. If approved, the premise permit would run in conjunction with their current license. Please find a resolution for the approval of this premise permit. The Spring Lake Park Lions has a license with the Minnesota Gambling Control Board which will expire on July 31, 2009. RESOLUTION NO. 2008 - RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATION FOR SPRING LAKE PARK LIONS FOR THE KNIGHTS OF COLUMBUS #4381 (NORTH AIR HOME ASSOCIATION) LOCATED AT 6831 HIGHWAY 65 NE WHEREAS, the City of Fridley has received letters from the Knights of Columbus and the Church of the Immaculate Conception stating they were terminating their lawful gambling licenses at the Knights of Columbus (North Air Home Association) located at 6831 Highway 65 NE effective December 31, 2007; and WHEREAS, the City of Fridley has received a copy of an Application for a Minnesota Lawful Gambling Premise Permit from Spring Lake Park Lions; and WHEREAS, the location of the Premise Permit is for the Knights of Columbus Hall (North Air Home Association) located at 6831 Highway 65 NE, Fridley, Minnesota; and WHEREAS, Spring Lake Park Lions holds a state lawful gambling license, which will expire on July 31, 2009; and WHEREAS, the City of Fridley has found no reason to restrict this location for lawful gambling. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Premise Permit Application for the Spring Lake Park Lions at the Knights of Columbus #4381 (North Air Home Association), located at 6831 Highway 65 NE for their current license expiring July 31, 2009. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7Tx DAY OF JAN UARY 2008. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CfTY OF FRIdLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF JAN UARY 7, 2008 January 3, 2008 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner A Resolution to Increase the Solid Waste Abatement Program (SWAP) Fee Background On an annual basis staff reviews the curbside recycling program revenues and expenses in the Solid Waste Abatement Program (SWAP) Fund for the purpose of setting an appropriate recycling service fee on City utility bills for the upcoming year. Revenues are generated for the SWAP Fund from (1) the recycling service fee on the utility bill, and (2) State SCORE grant funds for qualified recycling expenses. The primary source of revenue comes from fees on utility bills. Units Served bv Citv Contract Recvclina Service for 2008 UB Fee Per Quarter* I Increase % I Increase $ I Contract Fee Per Quarter** I Increase % I Increase $ 1-4 Unit $ 6.61 1.6% $ 0.10 (8,350 total) 5-12 Unit $ 5.61 1.6% $ 0.09 1890 totall 1-4 Unit $ 7.65 2.0% $ 0.15 18.350 totall 5-12 Unit $ 5.34 2.0% $ 0.09 1890 totall *New annual rate begins each year on January 1 **Recycling contract fee increase begins each year on April 1 Expenses include (1) the curbside recycling service serving 1-12 unit dwellings, (2) recycling drop-off services, (3) personnel, and (4) public education. The largest SWAP fund expense comes from the curbside recycling contract. The five year contract with Allied Waste/BFI began on April 1, 2005. Contract costs increase 2% annually, beginning April 1 of each year. In order to help alleviate the projected annual shortfall of the SWAP fund, staff recommends increasing the SWAP recycling service fee by 1.6%, which is the maximum allowable per City Charter based on the CPI. Recommendation Staff recommends that the City Council adopt the attached resolution, directing staff to increase the SWAP recycling service fee by 1.6%, the maximum allowable per City Charter based on the CPI, to $6.61 for 1-4 units and $5.61 for 5-12 units per quarter effective with the January 1, 2008, utility billing. RESOLUTION NO. 2008- A RESOLUTION APPROVING RECYCLING SERVICE FEES WHEREAS, State Statute 115A.552, Subdivision 2, requires the City of Fridley to provide, at minimum, curbside recycling services; and WHEREAS, the City of Fridley has chosen to provide Fridley residents with recycling services, including curbside recycling; and WHEREAS, the State provides only partial funding to subsidize the City's recycling efforts so that the remaining costs must be paid by the user of such services; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that the per dwelling unit service fee charged to all single through 4-unit residential buildings serviced by the City's residential recycling service contract in the City be set at $6. 61 per dwelling per quarter and all 5-unit through 12-unit residential buildings serviced by the City's residential recycling service contract in the City be set at $5.61 per dwelling per quarter effective with the January 1, 2008, utility billing. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JANUARY 2008. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK � � CffY OF FRIDLEIf TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 7, 2008 William W. Burns, City Manager James P. Kosluchar, Public Works Director Layne Otteson, Assistant Public Works Director January 7, 2008 2008 Load Limit Designation PW08-001 Attached is a resolution establishing the winter/spring load limits for the City Streets. Annually we receive Council's approval to publish winter/spring load limits for City Streets. This allows us to place the notice in the newspaper at an appropriate time based upon the spring thaw. Load limits stay in effect until the Anoka County Highway Department informs us of them raising the limits on County roads in Fridley. To facilitate the notification process, recommend the City Council adopt the attached load limit resolution for 2008. JPK:jk Attachment RESOLUTION NO. 2008 — RESOLUTION IMPOSING LOAD LIMITS ON PUBLIC STREETS IN THE CITY OF FRIDLEY, MINNESOTA BE IT RESOLVED by the City Council of the City of Fridley as follows: A. That pursuant to Chapter 503, City Code of Fridley, Minnesota, 1978 that commencing on the date ordered by the State of Minnesota Commissioner of Transportation, and continuing until the 15th day of May, 2007, unless sooner terminated or thereafter continued, no vehicle shall be driven or operated upon any street or in the City under jurisdiction of the City where the weight of such vehicle exceeds: 4 TON PER AXLE B. The above restriction shall not apply, but shall instead be limited to 9 TON PER AXLE with respect to the following named streets, to-wit: STREET 3rd Street 3�d Street 4�` Street 5�` Street 5�` Street 5�` Street 5�` Street 6�` Street 7�` Street 45�` Avenue Slst Way 52nd Avenue 52nd Way 531d Avenue 531d Avenue 531d Way 57�` Avenue 57 'h Avenue 57�` Place 58�` Avenue 58�` Avenue 58 'h Avenue 60�` Avenue 61st Avenue 61st Avenue 631d Avenue 631d Avenue 631d Avenue FROM 49�` Avenue Mississippi Street 57�` Avenue 57'h Avenue 61 st Avenue 57'h Avenue 61 st Avenue 67�` Avenue 53rd Avenue Main Street East River Road Taylor Street Ashton Avenue Main Street Matterhorn Drive E. River Road Ser. Dr. T.H. #47 University E. Service Rd 7�` Street 7�` Street Jackson Street West of Monroe Street 4�` Street Starlite Boulevard University Avenue 5�` Street T.H. #47 E. Service Dr. Quincy Street TO 531d Avenue Satellite Lane 61st Avenue 60�` Avenue Mississippi Street 60�` Avenue 631d Avenue Rice Creek Terrace 67th Avenue University Avenue Industrial Blvd. Buchanan Street Industrial Boulevard Cheri Lane Fillmore Street Industrial Boulevard Quincy Street 6�` Street Jefferson Street Jefferson Street West Moore Lake Drive Monroe Street 5�` Street West Moore Lake Drive 7�` Street 7�` Street Monroe Street Jackson Street 64�` Avenue 64�` Avenue 65 'h Way 66�` Avenue 66�` Avenue 66�` Way 66'h Way 67th Avenue 67�` Avenue 67�` Way 68�` Avenue 69�` Avenue 69�` Avenue 69�` Place 71-1/2 Way 71st Avenue 72na Avenue 731d Avenue 731d North Service Drive 74�` Avenue 75�` Avenue 75�` Way 76�` Way 77�` Avenue 78�` Avenue 79�` Avenue 79�` Way 81st Avenue 831d Avenue Able Street Able Street Alden Way Alley E of Beech Street Arthur Street Arthur Street Ashton Avenue Ashton Avenue Ashton Avenue Baker Street Ballet Boulevard Beech Street Bellaire Way Arthur Street Jackson Street Hickory Street Arthur Street Jackson Street Hickory Street Rice Creek Way Brookview Drive Monroe Street Rice Creek Way Brookview Drive Central Avenue 145 feet W of Rice Creek Blvd Rice Creek Boulevard 200' west of Alden Cr T.H. #47 E. Service Dr. T.H. #65 Commerce Circle West University Ave East Serv Drive University Ave East Serv Drive Central Avenue Osborne Way Alden Way East River Road E. Burlington Na R/W E. Burlington No. R/W W. Burlington No. R/W Hickory Street Main Street West Moore Lake Drive Overton Street 79�` Avenue 78�` Avenue Camelot Lane North Danube Road 52nd Way 65 'h Way 79�` Avenue 731d Avenue Lyric Lane 77�` Avenue Alden Way Central Avenue Van Buren Street Ashton Avenue 609 Ft West Able Street Ashton Avenue Ashton Avenue West end cul-de-sac Quincy Street Ashton Avenue Monroe Street East City Limits University W. Service Drive 69�` Avenue to cul-de-sac Park Entrance Central Avenue Central Avenue Able Street Lyric Lane Stinson Boulevard Alden Way East to cul-de-sac Ranchers Road Main Street T.H. #47 Riverview Terrace T.H. #47 T.H. #47 66�` Avenue Rice Creek Terrace 75�` Way 79�` Avenue Mississippi Street 400 feet north Industrial Blvd. Rice Creek Way Ironton Street Osborne Road Memory Lane 81st Avenue Park Property Resolution No. 2008-_ STREET FROM TO Bellaire Way Benjamin Street Bennett Drive Berne Road Broad Avenue Brookview Drive Buchanan Street Buffalo Street Camelot Lane Carrie Lane Cheri Lane Cheryl Street Chesney Way Commerce Circle East Commerce Circle South Commerce Circle West Commerce Lane Concerto Curve Craig Way Craigbrook Way Creek Park Lane Dover Street Dover Street East Danube Road East Moore Lake Drive East River Rd. Serv. Dr. East River Rd. Serv. Dr. Elm Street Ely Street Ely Street Fairmont Circle Fairmont Street Fillmore Street Fillmore Street Firwood Way Fireside Drive Gardena Avenue Gardena Circle Gardena Lane Glacier Lane Glen Creek Road Alden Way Gardena Avenue Quincy Street Windemere Drive Buffalo Street Mississippi Street 531d Avenue Riverview Terrace Squire Drive Quincy Street 531d Avenue Riverview Terrace East River Road 731d Avenue Commerce Circle East Commerce Circle South 731d Avenue 731d Avenue East River Road Alden Way Central Avenue Ely Street Riverview Terrace Matterhorn Drive T.H. #65 S1stWay 57�` Way 77�` Avenue East River Road Riverview Terrace East River Road Riverview Terrace 531d Avenue 531d Avenue Pearson Way T.H. #65 Central Avenue Gardena Lane Gardena Avenue Matterhorn Drive Logan Parkway Pearson Way Rice Creek Road Jackson Street Berne Cir east cul-de-sac Lafayette Street Rice Creek Terrace To Columbia Hgts Border Broad Avenue Arthur Street Jackson Street Fillmore Street Broad Avenue 355 feet West Commerce Circle South Commerce Circle West 731d Avenue Osborne Road Ballet Boulevard Cul-de-sac East River Road Arthur Street West end of cul-de-sac Broad Avenue N.Innsbruck Dr. Central Avenue N. to Cul-de-Sac N. of 57�` Way 79�` Avenue West end of cul-de-sac Broad Avenue East River Road East River Road Cheri Lane Through cul-de-sac 79�` Way Central Avenue East City Limits Thru Cul-de-sac Woody Lane St. Moritz Drive East River Road Page 3 of 6 Resolution No. 2008-_ STREET FROM TO Glencoe Street Hackmann Avenue Hackmann Circle Hartman Circle Hathaway Lane Heather Circle Heather Place Hickory Street Hickory Street Hickory Street Hillcrest Lane Hillwind Road Hugo Street Industrial Boulevard Ironton Street Ironton Street Jackson Street Jackson Street Janesville Street Jefferson Street Jefferson Street Kerry Lane Kennaston Drive Kimball Street Kristin Court Lafayette Street Liberty Street Lincoln Street Logan Parkway Logan Parkway Logan Parkway Longfellow Street Lynde Drive Lyric Lane Madison Street Main Street Main Street Matterhorn Drive Medtronic Parkway Melody Drive Memory Lane Riverview Terrace Tennison Hackmann Avenue East River Road Hackmann Avenue Heather Place Central Avenue 78�` Avenue 81 st Avenue Mississippi Street Woody lane Matterhorn Drive Riverview Terrace 51 st W ay Hugo Street Riverview Terrace Carrie Lane 631d Avenue Riverview Terrace 57�` Place Madison Street Ben More Drive Jackson Street Riverview Terrace Stinson Boulevard Broad Avenue East River Road Buchanan Street Riverview Terrace Riverview Terrace Logan Parkway East River Road Hillwind Road 731d Avenue 67�` Avenue Osborne Road 57�` Avenue South City limits 7�` Street 731d Avenue 731d Avenue East River Road Central Avenue Hackmann Avenue West 400 Lineal Feet East end of cul-de-sac through cul-de-sac through cul-de-sac 79�` Avenue 600 feet north Rice Creek Way Central Ave Hackmann Avenue East River Road Ashton Avenue Ashton Avenue East River Road 58�` Avenue 68�` Street East River Road 59�` Avenue 210 feet south Rice Creek Road Monroe Street East River Road End of cul-de-sac East River Road West end of cul-de-sac 531d Avenue East River Road Glen Creek Road Glen Creek Road West end of cul-de-sac Regis Drive Ballet Boulevard Rice Creek Terrace 831d Avenue 61st Avenue Gardena Avenue T.H. 65 Ballet Boulevard Ballet Boulevard Page 4 of 6 Resolution No. 2008-_ STREET FROM TO Mississippi Street Monroe Street North Danube Road North Innsbruck Drive Oakley Street Osborne Way Overton Drive Pandora Drive Pearson Way Pierce Street Polk Street Quincy Street Quincy Street Rainer Pass Ranchers Road Regis Drive Regis Lane Regis Terrace Regis Trail Rice Creek Boulevard Rice Creek Terrace Rice Creek Way Rickard Road Riverview Terrace Riverview Terrace Riverwood Drive Royal Oak Court Ruth Circle Ruth Street Service Road — Railroad Shamrock Lane Skywood Court Skywood Lane Skywood Lane Spring Brook Place Squire Drive St. Imier Drive St. Moritz Drive Stinson Boulevard Stinson Boulevard Stinson Boulevard Stinson Boulevard Central Avenue 631d Avenue West Danube Road Matterhorn Drive 68�` Avenue East River Road Kennaston Drive Monroe Street East River Road 531d Avenue Hackmann Avenue 57th Avenue 67th Avenue Glacier Lane 77th Avenue Hathaway Lane Regis Drive Regis Drive Regis Lane 69�` Avenue 6th Street East River Road East River Road 71'hWay 79�` Way 71 St W ay Arthur Street Ruth Street Ruth Circle Liberty Street 69�` Avenue Skywood Lane Fillmore Street Fillmore Street 79�` Way Rice Creek Road Berne Road Trollhagen Drive 69�` Avenue Osborne Road Mississippi Street Rice Creek Road Page 5 of 6 Stinson Boulevard Rice Creek Terrace N.Innsbruck Drive East City Limits Rice Creek Terrace 75�` Way Monroe Street 68�` Avenue Firwood Way Through cul-de-sac Lynde Drive Carrie Lane 68�` Avenue South City Limits 81st Avenue Regis Lane Matterhorn Drive Regis Trail Through cul-de-sac University W. Service Drive Brookview Drive Ashton Avenue Alden Way Logan Parkway 200 ft N of Kimball St. 71St'/z Way West to cul-de-sac Ruth Street Hugo Street Ely Street North to cul-de-sac Through cul-de-sac West through cul-de-sac Matterhorn Drive Longfellow Street Camelot Lane South City Limits South City Limits 68�` Avenue 731d Avenue 66 'h Avenue 800' South of Gardena Avenue STREET Stonybrook Way Symphony Street Talmadge Way Taylor Street Tempo Terrace Tennison Drive T.H. #47 E. Serv Drive T.H. #47 E. Serv Drive T.H. #47 E. Serv Drive T.H. #47 W. Serv Drive T.H. #47 E. Serv Drive T.H. #65 E. Serv Drive T.H. #65 E. Serv Drive T.H. #65 E. Serv Drive T.H. #65 W. Serv Drive T.H. #65 W. Serv Drive Trollhagen Drive University E. Serv Drive University W. Serv Drive Washington Street Washington Street West Danube Road West Moore Lake Drive Windemere Drive Resolution No. 2008-_ FROM Alden Way 731d Avenue North Service Drive West Cul-de-sac 52nd Avenue 731d Avenue Gardena Avenue 53rd Avenue 57 'h Avenue 69th Avenue 73rd Avenue Osborne Road 73rd Avenue Osborne Road 63rd Avenue Osborne Road 73rd Avenue Matterhorn Drive 4�` Street Rice Creek Boulevard 58�` Avenue 500 feet north of 68�` Avenue North Danube Road T.H. #65 (N.Moore Lake) Trollhagen Drive Page 6 of 6 TO East River Road 74�` Avenue North East Cul-de-sac Through cul-de-sac Ballet Boulevard Thru cul-de-sac North Approx. 500 feet Mississippi Street 731d Avenue 85�` Avenue 731d Avenue North Service Drive 72na Avenue Fireside Drive South 350 feet South 800 feet MCRR Tracks St. Imier Drive 7�` Street 69�` Avenue 59�` Avenue Monroe Street South Cul-de-sac Medtronic Parkway Trollhagen Drive C. Notice of these restrictions shall be published with respect to each of such streets and when so published, the restrictions shall be in full force and effect; all as provided thereof, under Chapter 503, City Code of Fridley, Minnesota, 1978. D. A vehicle in excess of such limits may be operated or driven upon a street in the City without violation of law when the same is done under Special Permit thereof issued in accordance with the provisions of Minnesota Statutes Sec. 169.87 which are adopted and made a part hereof by reference the same as if fully incorporated herein. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7TH DAY OF JANUARY, 2008. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 7, 2008 William W. Burns, City Manager James Kosluchar, Public Works Director Layne Otteson, Asst Public Works Director January 7, 2008 Resolution for Use of MSAS Funds for Project ST 2008-01 ' �: ��i In order to be eligible to use our Municipal State Aid System funds on our neighborhood streets, MN rules 8820.1800 requires the City Council request this use by resolution. The attached resolution requests disbursement of the City's population portion of the Municipal State Aid System construction funds for the proposed Street Improvement Project No. ST. 2008 - 1. Recommend the City Council adopt the attached resolution for submittal to the State Aid Office. JPK:jk Attachment RESOLUTION NO. 2008 - RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL USE WHEREAS the City of Fridley receives Municipal State Aid System (MSAS) funds for construction and maintaining 20% of its City streets, and WHEREAS 22.9 MSAS miles are currently authorized and have been improved to State Aid standards and are in an adequate condition that they do not have needs other than additional surfacing, and WHEREAS the City currently has 883 miles of local streets that require maintenance and upgrade, and WHEREAS it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS it is proposed to systematically install concrete curb and gutters and storm sewer system for improved surface water drainage and additional strength to the streets for traffic survivability, and WHEREAS it is proposed to use a portion of the City's population allocation funds to upgrade local streets, and WHEREAS the City of Fridley has identified the following streets for inclusion in its 2008 Street Improvement Project No. ST. 2008-1, as listed in attached E�ibit A, WHEREAS the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS the City indemnifies saves and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS the final approval of the State Aid for Local Transportation Division is therefore required. NOW THEREFORE BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, requests the release of MSAS funds for the upgrade and reconstruction of City municipal streets, identified as 2008 Street Improvement Project No. ST. 2008-1. PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7t'' DAY JANUARY, 2008. ATTESTED DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR EXHIBIT A STREET IMPROVEMENT PROJECT NO. ST. 2008-1 PROPOSED IMPROVEMENTS Street improvements, including grading aggregate base, bituminous asphalt, concrete curb and gutter, water and sewer upgrades, landscaping and other facilities located as follows: 2"d Street NE 3rd Street NE 40'/z Avenue NE 45th Avenue NE 54th Avenue NE SSth Avenue NE 57'/z Avenue NE 62nd way NE 62'/z Way NE 63rd Way NE 63'/z Way NE 64th Way NE 68th Avenue NE 68th Place NE Ashton Avenue NE Ashton Avenue NE California Avenue NE Channel Road NE Charles Street NE Cheri Circle NE Cheri Lane NE East River Road Service Drive NE Hickory Drive NE Horizon Drive NE Hwy 65 East Service Drive NE Hwy 47 East Service Drive NE Hwy 65 West Service Drive NE Island Park Drive NE 7upiter Drive NE Lucia Lane NE Madison Street NE Mississippi Place Onondaga Street NE Pierce Street NE Riverview Terrace NE Satellite Lane NE Siverts Lane NE Starlite Boulevard NE Sylvan Lane NE 57'/z Avenue to 58th Avenue 45th Avenue to 46th Avenue California Avenue to Main Street 180' E. of 3rd St to 163' W of 3rd Street 7tn Street to Madison Street 4th Street to Sth Street 2"d Street and 2'/z Street East River Road to Ashton Avenue East River Road to Ashton Avenue Riverview Terrace to East River Road Riverview Terrace to East River Road East River Road to Ashton Avenue Hwy 65 Service Drive East to Channel Road Hwy 65 Service Drive East to Lucia Lane Hickory Drive to approx 450' North Mississippi Way to 61st Way 40'/z Avenue to Appro�mately 300' South 68th Avenue to Approximately 300' North Anna Avenue to East River Road Cheri Lane to Approximately 200' South 7tn Street to Approximately 1500' East 79th Way to Liberty Street East River Road to 70th Way Main Street. to Appro�mately 300' East 68th Place to 68th Avenue 53rd Avenue to Approximately 600' North West Moore Lake Drive to 64th Avenue Anna Avenue to East River Road Sylvan Lane to Mercury Drive 68th Place to Approximately 200' South Cheri Lane to 53'/z Avenue Riverview Terrace to East River Road Central Avenue to Hayes Street Mississippi Street to 66th Avenue 63'/z Way to Alden Way Mercury Drive to Hwy 47 69th Avenue to Approximately 600' South Sylvan Lane to Satellite Lane Jupiter Drive to Hwy 47 � AGENDA ITEM � CITY COUNCIL MEETING OF NOVEMBER 19, 2007 �ffY �F FRIDLEY To: William W. Burns, City Manager From: Jack Kirk, Director of Parks and Recreation Date: December 18, 2007 Re: Resolution Accepting Federal Trails Grant In early 2007, the City applied for a Federal Recreational Trails Grant program in the amount of $15,000 to expand and improve the trails at Innsbruck Park This trail system in Innsbruck would accommodate mountain biking, as well as hiking, running, walking, snowshoeing and cross country skiing. The City of Fridley has now been notified by the Minnesota Department of Natural Resources that we have been recommended to receive this federal trails grant. To continue our pursuit of this grant, one of the items we need to submit is a resolution from the City Council that accepts the grant in the amount of $15,000 as partial funding for this project, recognizes the requirement of matching local funds, and also names an individual as the fiscal agent for our City. I have included Finance Director Rick Pribyl as the fiscal agent named in the resolution. The resolution must also include an assurance that the trail will be maintained for no less than 20 years. We plan to partner with the Minnesota Off-Road Cyclist Association to assist with ongoing maintenance of this trail. This trail system should be a nice improvement to the Innsbruck Park and, with final approval of the grant, the project should be completed in the spring and summer of 2008. The matching funds for the proj ect have been budgeted in the Parks Capital Improvement budget for 2007. We will need to carry those funds forward to accomplish the project in 2008. I would recommend that the City Council approve the attached resolution so it can be submitted to the State and continue our efforts to receive this trails grant. /rsc Attachment RESOLUTION NO. 2008 - RESOLUTION ACCEPTING A FEDERAL RECREATIONAL TRAILS GRANT IN THE AMOUNT OF $15,000 AS PARTIAL FUNDING TO UPGRADE AND IMPROVE THE INNSBRUCK NATURE CENTER RECREATIONAL TRAILS, RECOGNIZING THE GRANT REQUIREMENT OF LOCAL MATCHING FUNDS WEHREAS, the Innsbruck Nature Center is a 24-acre City of Fridley park with walking/hiking trails through a wooded natural area; and WHEREAS, the existing trails have been subject to considerable erosion issues; and WHEREAS, the proposed new trail system will address the erosion issue and provide for sustainable alternatives for the new trail; and WHEREAS, the Innsbruck Park Recreational Trail will provide year-round use for hikers, trail runners, mountain bikers, snowshoers and cross country skiers. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the City Council supports the trail improvements to the Innsbruck Nature Center Park and accepts the Federal Recreational Trails Grant in the amount of $15,000 as partial funding to upgrade and improve the Innsbruck Park trails. BE IT FURTHER RESOLVED, that the City Council of the City of Fridley recognizes the grant requirement of matching funds to complete the project and has secured the matching funds in the General Fund Parks Capital Improvement Budget for 2007 in the amount of $15,000. BE IT FURTHER RESOLVED, that the City Council of the City of Fridley names the fiscal agent for the City of Fridley for this proj ect as: Richard D. Pribyl Director of Finance/Treasurer City of Fridley 6431 University Avenue NE Fridley, MN 55432 BE IT FURTHER RESOLVED, that the City Council of the City of Fridley assures that the City of Fridley will maintain the recreational trails in the Innsbruck Nature Center Park for a period of no less than 20 years. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, THIS DAY OF JANUARY, 2008. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK � AGENDA ITEM � CITY COUNCIL MEETING OF JANUARY 7, 2008 �ffY �F FRIDLEY To: William W. Burns, City Manager From: Deborah Dahl, Human Resources Director Date: January 4, 2008 Re: CONTRACT NEGOTIATIONS WITH FIREFIGHTERS FOR 2007-2009 I am pleased to announce a setdement agreement was reached between the City of Fridley and the full-time firefighters for 2007, 2008 and 2009. A final vote was taken by members who have approved and signed the agreement. Attached is the signed agreement and the proposed resolution, which I am submitting for your review and final Council adoption. The following is a summary of the changes: 1. Article 27 — Duration The agreement included a three-year contract for the years of 2007, 2008 and 2009. Typically, a two year contract is negotiated; however, since 2007 was almost over and the other union contracts end in 2009, it seemed logical to offer a three year contract and align all of the contracts together. 2. Article 2.1 - Recognition The negotiated contract will recognize a full-time Firefighter/Inspector position, along with a full-time Captain for the years of 2008 & 2009. This would not include hiring additional staff, rather, current staffing levels would be maintained to accommodate a 40- hour schedule for the Inspector as a daytime responder, as well as a 56-hour supervisory position of Captain, with the potential for promoting up to three Captains. This change in structure has been considered for a number of years and would ultimately satisfy the need for continuous supervision 24 hours per day and seven days a week. It would also provide for professional growth to staff and allow for smoother operations on the fire ground with a clear chain of command between paid, on-call staff and the professional firefighters. Our research shows that this new structure is consistent with other departments where there is a combination of full-time and paid, on-call staf£ Some examples are: Columbia Heights, St. Anthony and Coon Rapids. The Fire Chief would like to complete the hiring process to promote one full-time Firefighter position as Captain in 2008, followed by two promotions in 2009. The job requirements and minimum standards would be enhanced (from full-time firefighter) for both the Inspector and Captain's positions and would also require employees to meet the standards before being promoted. As always, the Fire Chief reserves the right to hire externally for any of the positions. Contract with Firefighters Page 2 3. 4. 5. 6. Articles 11.8 — Work Schedules Both parties agreed to the current salary if an employee was reassigned temporarily from a 56-hour work week to a 40 hour work week (up to a maximum of one three-week shift cycle). This happens when an employee is needed to go to education courses or to assist with special assignments. The parties agreed that an employee should not have their hourly wages reduced or use annual leave to make up the lost time when they volunteer or are assigned to special projects or go to required training programs in the short term. Article 12.2 — Annual Leave Since the contract is calling for a 40-hour work week for the full-time Firefighter/Inspector, both parties agreed that the annual leave will accrue at eight (8) hours. This matches what is provided to all other 40-hour work week positions at the City (union and non-union). Article 16.1 — Holidavs Just as in Article 12.2, employees who work the 40-hour work week will receive eight (8) hours of pay for City designated holidays, similar to other 40-hour work week positions at the City. Article 17 — Benefits The agreement provides that the Fire union members receive the same benefits and employer contribution levels as enjoyed by non-union members for 2008 and 2009, which includes health, dental, and life insurance, as well as the cash option and benefit leave option. This is in keeping with past practice. Listed below are the rates for 2008: PLAN Base Single Family 2008 Monthly Insurance Rates and Contributions Premium $496.07 1,429.58 Employer Employee Contribution Cost $471.27 $24.80 1,000.71 428.87 High Option Single 537.36 471.27 66.09 Family 1,548.55 1,000.71 547.84 HRA/High Deductible Health Plan Single 401.00 401.00 0.00 Family 1,155.56 900.71 254.84 VEBA Monthly Contribution =$100.00 for single and family Cash Option: $377.00 per month (an increase of $37 per month) Annual Leave Option: 10 Days of Annual Leave (no change) Dental Contribution: $22 per month (an increase of $2 per month) Contract with Firefighters Page 3 7 Q Article 20 — Uniform Allowance This contract provided for an increase in uniform allowance of $25 from $425 to $450 for 2007. The allowance would remain at $450 for 2008 and 2009. Article 22.1 — Wages Both parties agreed to one lump sum payment for 2007, equivalent to three (3) percent cost of living adjustment, however, the hourly rates will remain at 2006 levels. The reason for maintaining the same rates is that our research showed Fridley is still above the average in the metro market for full-time Firefighters. Freezing the wage for one year will bring them closer to the market. For 2008 and 2009, the parties agreed on a three (3) percent cost of living adjustment. The three (3) percent cost of living adjustment is consistent with what was provided to the other union contracts and non-union employees for 2008. It is also in line with what the local government market is providing to employees for 2008. Wages for the 40-hour per week Inspector position would remain at the same "annual rate" as for the top wage of the 56-hour, full-time Firefighter position. The wages for the Captain's position would be three (3) percent above the top rate for full-time firefighter. Estimated Costs: Here is a breakdown of the estimated costs to approve this contract over the next three years. Since the insurance packages are equal to non-union employees, there are no additional costs attributed to this contract. 2007 Amount 3% lump sum for 2007 — equal to COLA (base wages only) $6,944* Additional uniform allowance 100 Total $7,044 �A 3% COLA (cost of li�ing adjustment� has already been budgeted for 2007 2008 3% COLA One additional captain position w/OT (mid-year promotion) Additional overtime due to COLA Total �A 3% COLA has already been budgeted for 2008 2009 3% COLA Total of three captains positions (includes overtime) Additional overtime due to COLA Total $6,944* 1,034 875* $8,853 $8,503 6,395 929 $15,827 Contract with Firefighters Page 4 The cost of promoting the additional captains and inspector will be absorbed in the current budgets using wages taken from paid, on-call (scheduled shifts). No additional funding is requested with these contract proposals. Action Needed Staff is recommending that the City Council approve this agreement and resolution on the Jan. 7, 2008 Council meeting. Both John Berg and I will be prepared to attend the meeting and answer any questions you or Council may have regarding this proposal. D KD Attachments: Resolution Adopting the Agreement Exhibit A— 2007, 2008 & 2009 Labor Agreement RESOLUTION NO. - 2008 RESOLUTION AUTHORIZING SIGNING AN EMPLOYMENT AGREEMENT BETWEEN CERTAIN EMPLOYEES REPRESENTED BY LOCAL NO. 1986 WHEREAS, Firefighters Local No. 1986, as bargaining representative of the Firefighters of the City of Fridley, has presented the City of Fridley various requests relating to their employment contract with the City of Fridley; and WHEREAS, the City of Fridley has presented various requests to the Union and to the employees relating to the Firefighters' employment contract with the City of Fridley; and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, agreement has now been reached between the representatives of the two parties on the proposed changes in the existing contract between the City and the Union; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit A) relating to the wages and working conditions of Firefighters Local No. 1986 of the City of Fridley for the contract years of 2007-2009. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JANUARY, 2008. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 2007-2009 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) FIREFIGHTERS LOCAL NO 1986 CONTRACT FOR 2007-2009 TABLE OF CONTENTS ARTICLE PAGE 1. PURPOSE OF AGREEMENT ....................................................... 4 2. RECOGNITION ............................................................................4 3. DEFINITIONS ..............................................................................5 4. EMPLOYER SECURITY .............................................................. 7 5. EMPLOYER AUTHORITY .......................................................... 7 6. UNION SECURITY ...................................................................... 7 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE .................8 8. SAVINGS CLAUSE ......................................................................11 9. SENIORITY .....................................................................................11 10. DISCIPLINE ..................................................................................12 11. WORK SCHEDULES ...................................................................12 12. ANNUAL LEAVE ..........................................................................13 13. SHORT-TERM DISABILITY .......................................................14 14. OVERTIME ....................................................................................15 15. EMPLOYEE EDUCATION PROGRAMS ...................................16 16. HOLIDAYS ....................................................................................17 17. PROBATIONAR,Y PERIODS .......................................................18 18. BEREAVEMENT LEAVE ..............................................................18 19. JURY PAY ......................................................................................19 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 2 20. UNIFORM ALLOWANCE ...........................................................19 21. INSURANCE .................................................................................19 22. RATES OF PAY ............................................................................. 20 23. ADDITIONAL INCENTIVE PAY ................................................ 21 24. SEVERANCE PAY ........................................................................ 21 25. WAIVER .........................................................................................21 26 DURATION ...................................................................................22 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 3 LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 ARTICLE 1. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986, hereinafter called the UNION. It is the intent and purpose of the 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; and 1.3 Establish hours, wages, and other conditions of employment. ARTICLE 2. RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 8, for all personnel in the following job classifications: Firefighter Firefighter/Insp ector Captain 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 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 4 Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 Union The International Association of Firefighters Local No. 1986. 3.2 Union Member A member of the International Association of Firefighters Local No. 1986. 3.3 Emplo�� A member of the exclusively recognized bargaining unit. 3.4 Department The City of Fridley Fire Department 3.5 Emplo ��er The City of Fridley. 3.6 Chief The Chief of the Fire Department for the City of Fridley. 3.7 Union Officer Officer elected or appointed by the International Association of Firefighters Local No. 1986. 3.8 Overtime Work performed at the express authorization of the EMPLOYER in excess of the number of hours in a work period specified by the Federal Fair Labor Standards Act. 3.9 Scheduled Shift A consecutive work period including two rest breaks and one or more meal breaks. 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 5 3.10 Rest Breaks Two twenty (20) minute periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 Meal Break A one (1) hour period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 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 of obligations of employment. 3.13 Base Rate of Pav The Employee's hourly rate of pay exclusive of longevity or any other special allowance. 3.14 Compensatorv �me Time off during the employee's regularly scheduled work scheduled equal in time to 1.5 times overtime worked. 3.15 Severance Pav Payment made to an employee upon honorable separation of employment. 3.16 Salarv A fixed payment at regular intervals for services as set forth and agreed to in this contract. 3.17 Compensation Salary reduced by those amounts as required by law and/or authorized by the employee. 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 6 3.18 A�reement Labor agreement between the City of Fridley and International Association of Firefighters Local No. 1986 3.19 Assistant Chief The Assistant Chief of the Fire Department for the City of Fridley. 3.20 Citv Mana�er The City Manager for the City of Fridley 3.21 Call Back An event where an Employee not working a regularly scheduled shift is called back to work. ARTICLE 4. EMPLOYER SECURITY 4.1 The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interferences with the normal functions of the EMPLOYER. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and moclify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to moclify, 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. 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 7 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The EMPLOYER shall make space available on the EMPLOYEE bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE 7. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 7.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 Union Representatives The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by Section 6.2 of the AGREEMENT. 7.3 Processin� of a 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 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) Step 1 • An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the ASSISTANT CHIEF or other EMPLOYER designated representative. The ASSISTANT CHIEF or other 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 ASSISTANT CHIEF or other EMPLOYER-designated representative's final answer in 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 CHIEF or other EMPLOYER-designated Step 2 representative. The CHIEF or other 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 CHIEF or other 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 3• If appealed, the written grievance shall be presented by the UNION and discussed with the CITY MANAGER or other EMPLOYER-designated Step 3 representative. The CITY MANAGER or other EMPLOYER-designated Step 3 representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the CITY MANAGER or other EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 9 Step 4• A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing and the Arbitration of Grievances" as established by the Bureau of Mediation Services. 7.5 Arbitrator's Authoritv a. The arbitrator shall have no right to amend, moclify, nullify, ignore, and to, or subtract from the terms and conditions of the AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or moclifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's 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 proceedings shall be born 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. 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 10 7.7 Choice of Remedv If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved EMPLOYEE shall indicate in writing which procedure is to be utilized (Step 4 of Article VII or another appeal procedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved EMPLOYEE from making a subsequent appeal through Step 4 of Article VII. ARTICLE 8. SAVINGS CLAUSE 8.1 The 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 the AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9. SENORITY 9.1 Seniority shall be determined by the EMPLOYEE'S length of continuous employment with the Fire Department and posted in an appropriate location. Seniority rosters may be maintained by the FIRE CHIEF on the basis of time in grade and time within specific classifications. 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 the EMPLOYEE'S previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. EMPLOYEES shall be recalled from layoff on the basis of seniority. An EMPLOYEE on layoff shall have an opportunity to return to work within two years of the time of that layoff before any new EMPLOYEE is hired. 9.4 One continuous scheduled annual leave period (not to exceed two weeks) shall be selected on the basis of seniority until March lst of each calendar year. After March lst, scheduled annual leave shall be on a first-come, first-served basis. 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 11 9.5 EMPLOYEES will be given preference with regard to transfer, job classification and assignments when the job —relevant qualifications of EMPLOYEES' are equal based on seniority. 9.6 Employees shall lose their 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 and disciplinary action may 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 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. ARTICLE 11. WORK SCHEDULES 11.1 The normal work schedule for EMPLOYEES recognized as Firefighter and Captain in Article 2 shall consist of a fifty-six (56)-hour work week and includes hours worked on assigned shifts, holidays, and authorized leave time. 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 12 11.2 The normal work schedule for EMPLOYEES recognized as Firefighter/Inspector in Article 2 shall consist of a forty (40) hour work week and includes hours worked on assigned shifts, holidays and authorized leave time. 11.3 The CHIEF or EMPLOYER-designated representative is responsible for scheduling and assigning the weekly work schedule. 11.4 The authority to schedule rests with the EMPLOYER. 11.5 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. 11.6 It is recognized by the parties that service to the public may require the establishment of regular shifts for some EMPLOYEES on a daily, weekly, seasonal, or annual basis, other than the regularly scheduled hours. The EMPLOYER will give advance notice to the EMPLOYEES affected by the establishment of workdays different than the normal EMPLOYEE'S workday. 11.7 It is also recognized by the parties that service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. EMPLOYEES who are regularly scheduled to be on duty Saturday and/or Sunday will be granted two consecutive days off in lieu of Saturday and/or Sunday. 11.8 An EMPLOYEE temporarily assigned from a 56-hour work week to a forty (40) hour work week schedule (for the duration of up to one (1) three (3)-week shift cycle) shall be paid at the same bi-weekly rate and shall accrue annual leave at the same bi-weekly rate, just as if they were working a 56-hour work week. ARTICLE 12. ANNUAL LEAVE 12.1 Each EMPLOYEE shall be entitled to annual leave away from employment with pay. Annual leave pay shall be computed at the regular rate of pay to which such an employee is entitled. Each EMPLOYEE who works a norma156-hour work week schedule shall accumulate and use annual leave based on eleven and two-tenths (11.2) hour days. 12.2 Beginning 1/1/2008, each EMPLOYEE who works a norma140-hour work week schedule shall accumulate and use annual leave based on an eight (8) hour day. 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 13 12.3 A beginning EMPLOYEE shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 successive months). An EMPLOYEE who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85th) month of successive employment. An EMPLOYEE who has worked fifteen (15) years (180 consecutive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one hundred eighty-first (181St) month of consecutive employment. 12.3 The maximum total accumulation of annual leave at the end of any given year shall be thirty (30)-days. Once a year, at a time designated by the EMPLOYER, an EMPLOYEE who has completed five (5) years of service with the City of Fridley will have the opportunity to exchange up to five (5) days of accumulated annual leave for cash in the EMPLOYER'S Annual Leave Sell-back option. 12.4 Upon separation from employment with the City of Fridley, an EMPLOYEE will be paid one (1) day's salary for each day of accrued annual leave remaining in the EMPLOYEE'S balance. ARTICLE 13. SHORT TERM DISABILITY 13.1 Each EMPLOYEE who has successfully completed the EMPLOYEE'S probationary period shall be eligible for the short- term disability benefit. Such an EMPLOYEE shall be entitled to full pay commencing on the twenty-first (21St) consecutive working day on which the EMPLOYEE is absent due to a physician-certified illness or injury off the job, and continuing until the EMPLOYEE returns to work able to carry out the full duties and responsibilities of the EMPLOYEE'S position or through the one hundred and tenth (110th) working day of absence, whichever occurs first. Such an EMPLOYEE shall also be entitled to full pay commencing on the eleventh (l lth) consecutive working day on which the EMPLOYEE is absent due to a physician-certified illness or injury on the job and continuing until the EMPLOYEE returns to work able to carry out the duties and responsibilities of the EMPLOYEE'S position or through the one hundredth (100th) working day of absence, whichever occurs first. The amount of any compensation for the short- term disability benefit shall be reduced by any payment received by the disabled EMPLOYEE from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short-term disability benefit by the City to an employee shall not exceed ninety (90) working days for any single illness or injury, regardless of the number of spacing of episodes. The annual leave balance of 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 14 any EMPLOYEE receiving short-term disability benefit shall not be reduced, nor shall such EMPLOYEE accrue annual leave during that period. 13.2 Before any short term disability payments are made by the EMPLOYER to an EMPLOYEE, the EMPLOYER may request and is entitled to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The EMPLOYER also reserves the right to have an examination made at any time of any EMPLOYEE claiming payment under the short-term disability benefit. Such examination may be made on behalf of the EMPLOYER by any competent person designated by the EMPLOYER when the EMPLOYER deems the same to be reasonably necessary in order to verify the illness or injury claimed. 13.3 If an EMPLOYEE'S off-duty illness or injury exceeds one hundred (100) working days, the EMPLOYEE may draw from the EMPLOYEE'S remaining annual leave in addition to those benefits to which the EMPLOYEE receives in accordance with the workers' compensation provisions. 13.4 If an EMPLOYEE'S on duty related illness or injury exceeds one hundred (100) working days, the EMPLOYEE may draw from the EMPLOYEE'S remaining annual leave in addition to those benefits to which the EMPLOYEE receives in accordance with the workers' compensation provisions. 13.5 When an EMPLOYEE exceeds the one hundred ten (110) working days (off duty) disability or one hundred (100) working days (on duty) disability and commences to draw on annual leave, the EMPLOYEE shall again accrue benefits in accordance with accepted EMPLOYER policy. ARTICLE 14. OVERTIME 14.1 EMPLOYEES will receive compensation at the OVERTIME rate of one and one-half (1 1/2) times their normal rate for all OVERTIME as prescribed by the Fair Labor Standards Act. Shift trades by EMPLOYEES do not qualify an EMPLOYEE for OVERTIME under this Article. 14.2 In the event an employee not working a regularly scheduled shift is called back to work, the employee shall be paid a minimum of one (1) hour at the overtime rate. And time worked in excess of one (1) hour will be calculated in fifteen (15) minute increments. To calculate the time worked on call back, time shall be considered to have started at the time of the alarm or call. In the event there is a delayed response to work by the employee of fifteen (15) or more minutes, time shall be considered to have started when the employee arrives at work. 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 15 14.3 The EMPLOYER agrees to offer COMPENSATORY TIME off in lieu of OVERTIME as defined in Article 14.1 and in compliance with Fair Labor Standards Act Requirements. COMPENSATORY TIME shall not be accumulated in excess of forty-eight (48) hours, and must be used within the calendar year in which it was accumulated as determined by the EMPLOYER. 14.4 Overtime will be distributed as equally as practicable. 14.5 Overtime refused by EMPLOYEES will for record purposes under Article 14.4 be considered as unpaid overtime worked. 14.6 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 14.7 EMPLOYEES have an obligation to work overtime if requested, by the EMPLOYER unless circumstances prevent the EMPLOYEE from doing so. ARTICLE 15. EMPLOYEE EDUCATION PROGRAMS 15.1 The City will pay certain expenses for certain education courses based on the following criteria. The training course must have relevance to the Employee's present or anticipated career responsibilities. Attendance shall be at a City-approved institution. The course must be pre-approved by the Department Manager. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 15.2 Employee Education Programs Financial Policy Financial assistance not to exceed the amount of two thousand nine hundred twenty-five dollars ($2,925.00) per EMPLOYEE per year will be extended to cover the cost of tuition, required books or educational materials, and required fees related to the course. Charges for student union membership, student health coverage and other charges for which the student receives some item or services other than actual instruction will not be paid. The City will pay fifty percent (50%) of the cost of tuition in advance of the EMPLOYEE'S actual participation in the course upon receipt of written evidence that the EMPLOYEE has paid the entire tuition for the course. Upon successful completion of the course an EMPLOYEE will be required to present to his/her Department Manager a certification of satisfactory work. Satisfactory work is defined as follows: 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 16 a. In courses issuing a letter grade, a C or above is required. b. In courses issuing a numerical grade, seventy percent (70%) or above is required. c. In courses not issuing a grade, a certification from the institution that the student satisfactorily participated in the activities of the courses is required. 15.3 If the employee satisfactorily completes the course, the employee will be reimbursed for the additional fifty percent (50%) of the tuition cost incurred as well as for the cost of any course required books, educational materials, or fees. If the EMPLOYEE fails to satisfactorily complete the course, the City will not reimburse the EMPLOYEE for these costs. 15.4 The program will not reimburse the employee for hours spent in class, only for the tuition. 15.5 Expenses for which the employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 15.6 The City will not pay tuition or other costs for those, courses which are used to make the employee eligible for additional salary. ARTICLE 16. HOLIDAYS 16.1 EMPLOYEE'S assigned to a fifty-six (56) hour workweek shall accrue eleven and two-tenths (11.2) hours at their regular rate of pay for each of the eleven holidays in a calendar year as designated in Article 16.3. Beginning 1/1/2008, EMPLOYEES assigned to a forty (40) hour work week shall be paid eight (8) hours at their regular rate of pay for each of the holidays designated by City Council for the calendar year. 16.2. Annual leave hours taken during a pay period shall be reduced by the number of holidays hours earned during that same pay period, unless the EMPLOYEE requests otherwise in advance in writing to the payroll division of the Finance Department. 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 17 16.3 The eleven (11) designated holidays are: New Year's Day Martin Luther King Jr. Birthday President's Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day The Day After Thanksgiving January 1 3rd Monday in January 3rd Monday in February 4th Monday in May July 4 lst Monday in September November 11 4th Thursday in November 4th Friday in November Christmas Day December 25 One additional holiday, which may vary from year to year, to be designated by the EMPLOYER prior to the beginning of the calendar year. 16.4 EMPLOYEES required to work on any of the designated holidays shall be paid at the OVERTIME rate (one and one-half times base rate) for all hours worked on the designated holiday between the hours of midnight and midnight. For any OVERTIME hours worked on a holiday EMPLOYEES shall be paid two (2) times their base rate of pay. ARTICLE 17. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. ARTICLE 18. BEREAVEMENT LEAVE 18.1 Bereavement leave will be granted to full-time EMPLOYEES up to a maximum of forty-eight (48) scheduled hours over a consecutive three (3) day period. Bereavement Leave is granted in case of deaths occurring in the immediate family. For this purpose, immediate family is considered to include those individuals (either by blood or by law) such as: spouse, children, parents, brothers, sisters, grandparents, grandchildren, parent's in-laws, brother's in- law, and sister's in-law. 18.2 The EMPLOYER will allow EMPLOYEES to follow current practices for non- union employees, which gives EMPLOYEES an option to appeal directly to the CITY MANAGER for additional time off if extenuating circumstances prevail. 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 18 ARTICLE 19. JURY PAY 19.1 It shall be understood and agreed that the City shall pay all regular full-time employees serving on any jury the difference in salary between jury pay and the employee's regular salary or pay while in such service. ARTICLE 20. UNIFORM ALLOWANCE 20.1 The EMPLOYER shall provide a uniform clothing allowance for Firefighters in the amount of $450 for 2007, 2008 and 2009 contract years. ARTICLE 21. INSURANCE 21.1 For the calendar year 2007, for Employees who choose single coverage of the base plan, the Employer will contribute up to $439.38 per month per employee toward health or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.2 For the calendar year 2007, for Employees who choose dependent coverage for the base plan, the Employer will contribute up to $993.89 per month per employee toward health, or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.3 For the calendar year 2007, for Employees who choose dental coverage, the Employer will contribute up to $20.00 per month toward dental, or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.4 The Employer will provide group term life insurance with a maximum of $25,000 per Employee and additional accidental death and disability insurance with a maximum of $25,000 per Employee (current cost is $4.25 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. 21.5 In accordance with the Employer's Flexible Benefit Plan, Employees have the option during an open enrollment period or during approved qualified events to decline health or dental insurance coverage, provided they provide proof of coverage elsewhere. In lieu of electing health and dental benefits, Employees may elect the option of having ten (10) additional Benefit Leave Days or a monthly cash benefit of $377.00 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. 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 19 21.6 Effective January 1, 2008 and 2009, EMPLOYEES will receive benefits equal to those provided to non-union employees. ARTICLE 22. RATES OF PAY 22.1 The hourly wage rates will become effective January 1, 2007 (Note: amounts may be rounded to two decimal points.) Firefi�hter (Based on a 56 Hour Work Week) First six months After six months After 1 1/2 years After 2 1/2 years After 3 1/2 years 2007 16.73 17.57 18.44 19.35 20.35 Hourly Rates 2008 17.23 18.10 18.99 19.93 20.96 2009 17.75 18.64 19.56 20.53 21.59 22.1 The EMPLOYER shall pay the EMPLOYEE one lump-sum payment in lieu of a cost of living adjustment to the hourly wage rate for 2007. The payment shall amount to three (3) percent of the EMPLOYEE'S base rate as of Dec. 31, 2007 for the each of the hours in a normal work schedule for 2007 (which amounts to 2912 hours and does not include the overtime rate). The payment shall occur within 30 days following the execution of this contract. 22.2 Firefighter/Inspector (Based on a 40-hour work week) 22.3 Hourly Rate 2008 29.34 2009 30.23 The hourly rate is equivalent to the 3 1/2 year rate multiplied by 2912 hours and divided by 2080 (standard 40 hour work week). Captain (Based on a 56-hour work week) 2008 2009 Hourly Rate 21.59 22.24 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 20 ARTICLE 23. ADDITIONAL INCENTNE PAY 23.1 Incentive pay will be paid over and above the standard base rate or going rate of EMPLOYEES hired prior to January 1, 1974 according to the following schedule, provided employees have demonstrated progress towards improving their proficiency for their particular job title or job assignment. After 5 years of service $24 After 10 years of service $48 After 15 years of service $72 ARTICLE 24. SEVERANCE PAY 24.1 For all employees hired prior to January 1, 1978, the severance pay policy shall be as follows: Any EMPLOYEE with forty-eight (48) or more consecutive months of employment will receive severance pay in cash based on one and one-half (11/2) days for each twelve (12) consecutive months worked, but not to exceed thirty (30) days of the same. ARTICLE 25. WANER 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of the AGREEMENT, are hereby superseded. 25.2 The parties mutually acknowledge that during the negotiations, which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of the AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this agreement or with respect to any term or condition of employment not specifically referred to or covered in this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 21 ARTICLE 26. DURATION The AGREEMENT shall be effective as of January 1, 2007 and shall remain in full force and effect through the thirty-first day of December 2009. In witness whereof, the parties hereto have executed this AGREEMENT on this day on (date). SIGNATURES FOR THE CITY OF FRIDLEY: MAYOR —SCOTT J. LUND CITY MANAGER - WILLIAM W. BURNS DATE DATE FOR THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986: KIM M. HERRMANN, UNION PRESIDENT RENEE HAMDORF, UNION SECRETARY DATE DATE I/We hereby recommend to the City Council approval of this agreement. HUMAN RESOURCES DIRECTOR, DEBORAH K. DAHL DATE FIRE CHIEF, JOHN BERG DATE 2007-2009 Labor Agreement — City of Fridley vs. IAFF Local 1986 (rev. 1/4/2008) 22 � AGENDA ITEM � CITY COUNCIL MEETING OF JANUARY 7, 2008 �ffY �F FRIDLEY To: William W. Burns, City Manager From: Don Abbott, Public Safety Director Date: January 2, 2008 Re: City Prosecutor Contract This memo recommends approval of a one-year contract with the current City Prosecutor, Carl Newquist and his firm, Newquist & Herrick Mr. Newquist has served as our City Prosecutor for 37 years. The contract for prosecutorial services expired December 31, 2007, concluding a three-year term. The new contract is for a term of one year, commencing upon approval and expiring December 31, 2008. Mr. Newquist agreed to work the short duration between January 1 and the approval of this contract under an extension of the terms of the expiring contract. The purpose for a one-year contract is to allow the City the opportunity to survey the current market through a Request for Quote (RFQ) process to insure that the City is paying a fair and market- supported price for its prosecutorial contract. The rationale for this recommendation was contained in a staff inemo and report to Council November 19, 2007. Two changes have been made to the proposed contract: A minimum billing increment of .10 hour (6 minutes) is defined, replacing the previously used .25 hour (15 minute) billing increment. For example, where a 5 minute phone call made by the prosecutor in regards to a case was billed as 15 minutes in the past, it will now be billed as 6 minutes. 2. Establishment of a paralegal rate of $47.50 per hour. The Prosecutor requested this position and rate be defined in this contract as he is considering the addition of a paralegal to his staff to work on cases for the City. This is a feature commonly found in other municipal prosecutor contracts and will be included in our upcoming RFQ process. This has the potential to yield a cost savings for the City as a significant portion of our case preparation work could be accomplished by a paralegal — and billed at that rate — rather than by an attorney. A review of six other area cities found rates for paralegal services ranging from $40/hour to $68/hour with the average rate being $54.67. The rate for work accomplished by attorneys in the City Prosecutor's Office in 2008 will remain unchanged at $99/hour. This compares with the average across ten surveyed metro area cities of $93/hour, and is within the reported range of $85 -$200 per hour. The police department remains satisfied with the prosecutorial services provided by Mr. Newquist and his firm and would be pleased to have him continue in the capacity of prosecutor. Staff recommends approval of the one-year contract. AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRIDLEY AND NEWQUIST & HERRICK LAW OFFICES, P.C. AND CARL J. NEWQUIST 1. Citv Prosecutor Appointment: Carl J. Newquist and his law office, Newquist & Herrick Law Offices, P.C., 6401 University Avenue N.E., Fridley, Minnesota, 55432, are appointed City Prosecutor for the City of Fridley. 2. Term of A�reement: Twelve (12) months from and after January 1, 2008, to terminate on December 31, 2008, unless otherwise e�tended by mutual agreement of the parties hereto. 3. Duties and Responsibilities of the Citv Prosecutor: A. Pro�mity being of the essence hereof, the City Prosecutor shall maintain an office in the City of Fridley. B. Represent the City in all criminal proceedings and cases wherein the City is a party, has jurisdiction, and/or has an identifiable interest therein, except those cases arising under the City's zoning, housing, rental housing and building codes. C. Prepare files for court, including assembling witness lists, preparing subpoenas, copying statutes or ordinances for court trials, etc. Request certified documents, such as driver's records, motor vehicle records, prior convictions, orders for protection, bank records, ordinances and other information required for court. D. Prepare letters and notices associated with various court trials. These include letters to victims, omnibus hearing notifications, and notices of changes in time, date or place of hearings. E. Maintain records, including the court calendar, records of formal complaint requests, records regarding the criminal history requests from the BCA, records of officer vacation schedules and court assignment schedules of the prosecutor. F. Telephone conferences and maintaining correspondence with various agencies including law enforcement agencies, courts, Minnesota correctional facilities, victim/witnesses, defendants/defense attorneys, social workers, psychiatrists, victim advocate representatives, hospitals, banks, insurance companies, etc. Research statutes and/or ordinances for court cases, formal complaints, or as requested by the Fridley Police Department or the City of Fridley. G. Handle requests for disposition of detainer. H. Maintain active files. I. Advise Council, City staff, and the Police Department of legal questions and issues that relate to official City business. J. Advise and attend education and training programs for City staff and the Police Department as requested by the City Manager and/or the Director of Public Safety. K. Advise and attend such Council meetings and meetings of City commissions and committees as the City Manager and/or Mayor may direct. L. Prepare activity reports, billing information and reports on status of City litigation as the City Manager may direct. M Defend City employees, when applicable, in suits and claims arising from the performance of official duties as the City Manager may direct. 4. Conflict of Interest: The City Prosecutor shall not represent any individual or party in any civil or criminal matter against the City of Fridley. 5. Compensation: A. The City Prosecutor shall be compensated at the following rates: 2008: $99.00/hour Paralegal: $47.50/hour Law Clerk $37.00/hour B. Compensation shall be for actual time worked on behalf of the City in accordance with the terms of this contract. A minimum billing increment of .10 hour (6 minutes) shall be used. C. The City Prosecutor shall be reimbursed for all expenses advanced or made by him on behalf of the City such as fees and costs for subpoena service and court transcripts and filing. All other expenses and costs of overhead such as dues, subscriptions, licenses, insurance, secretarial services, etc., associated with the performance of legal services shall be the responsibility of the City Prosecutor. 6. Assi�nment of Services and A�reement: The City Prosecutor shall not assign an interest or obligation of this agreement without the prior written consent of the City. 7. Affirmative Action: Because the City requires and follows a policy of Affirmative Action and will not tolerate discriminatory acts, the City Prosecutor shall not discriminate against any person on the basis of age, sex, religious beliefs, political affiliations, or other protected classifications under federal, state, or local laws or regulations. 8. Work Product: All ordinances, resolutions, correspondence and other documents or materials drafted for the City by the City Prosecutor shall, upon their completion, become the property of the City. 2 9. Insurance: The City Prosecutor agrees to maintain a valid policy of Professional Liability Insurance for the duration of this agreement. The value of the policy shall not be less than Five Hundred Thousand and 00/100 Dollars ($500,000). 10. Severabilitv: The City or City Prosecutor may sever the terms of this contract upon sixty (60) days written notice. Failure by the City or the City Prosecutor to comply with any of the terms of this contract shall be grounds for terminating this agreement, as shall be the City's dissatisfaction with the City Prosecutor's performance under the agreement. Upon termination of this contract, the City shall only be responsible for the monthly fee and any additional billings accrued as of the date of termination. Agreed and entered into this day of , 2008. Carl J. Newquist NEWQUIST & HERRICK LAW OFFICES, P.C. I� Carl J. Newquist, CEO CITY OF FRIDLEY I� I� 3 Scott J. Lund, Mayor William W. Burns, City Manager � AGENDA ITEM � CITY COUNCIL MEETING OF JANUARY 7, 2008 �ffY �F FRIDLEY To: William W. Burns, City Manager From: Jack Kirk, Director of Parks and Recreation Date: December 13, 2007 Re: City Vehicle to Tow `49er Float I am recommending that we enter into the attached agreement for 2008 with the Fridley `49er Days Organization to cover the use of a City vehicle to tow the `49er float in area parades. We had the same agreement last year, and it worked out very well. I have talked with Public Works Director Jim Kosluchar about the agreement, and he is supportive of it as well. Let me know if you need any additional information. /rsc City of Fridley and Fridley `49er Days, Inc. Agreement Citv Vehicle to tow the Fridlev `49er Davs Float This agreement covers the use of a City of Fridley vehicle to tow the Fridley `49er Days Float in area parades. The agreement is for a one year period commencing on January 1, 2008 and ending on December 31, 2008. Fridley `49er Days Inc. agrees to the following: 1. The vehicle shall be driven by an approved Fridley `49er Days volunteer. 2. The City of Fridley and Fridley `49er Days, Inc. shall agree upon an approved list of drivers. All approved drivers will undergo a driver's license background check and have an acceptable driving record. Operation of the City vehicle by drivers not on the approved list is cause for revocation of this agreement. 3. Each approved driver will go through an orientation on the operation of the vehicle and the float trailer. 4. The driver will comply with the Federal Drug-Free Workplace Act of 1988, applicable State Laws and City of Fridley Drug-Free Workplace policy. Drivers of City vehicles may not operate any vehicle while under the influence of drugs and/or alcohol. 5. Fridley `49er Days, Inc. shall be responsible for any and all costs associated with damages to the tow vehicle and/or the float while in their use and control. 6. The use of a City vehicle is limited to a 50 mile radius of the City garage or travel to a community in the seven-county metropolitan area, whichever is greater. 7. The use of the vehicle must be scheduled at least 72 hours in advance by calling the Public Works office at 763-572-3566. 8. The vehicle will not be available for use on City of Fridley regular work days (Monday — Friday) between the hours of 6:30am and 3:30pm. 9. The vehicle shall be returned to the City of Fridley Municipal Garage immediately after the scheduled event and before 6:30am of the next business day. 10. The returned vehicle shall be clean and with a full tank of gas. This agreement is entered into on the 7th day of January in the year 2008. Peter Borman William W. Burns President City Manager Fridley `49er Days, Inc. City of Fridley � � �ffY �F FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 7, 2008 2008 CITY COUNCIL AND STAFF APPOINTMENTS 2007 REPRESENTATIVE Mavor Pro Tem: Councilmember-at-Large Barnette 2008 APPOINTEE Anoka Countv Law Enforcement Council: Councilmember-at-Large Barnette, Rep. Councilmember Varichak, Alternate Metro Cities• Mayor Lund, Delegate Councilmember Bolkcom, Alternate Lea�ue of Minnesota Cities: Councilmember Bolkcom, Rep. Councilmember Saefke, Alternate School District No. 13: Councilmember-at-Large Barnette, Rep. Councilmember Bolkcom, Alternate School District No. 14: Councilmember-at-Large Barnette, Rep. Councilmember Bolkcom, Alternate School District No. 16: Councilmember Saefke, Representative Councilmember Varichak, Alternate Northstar Corridor Development Authoritv: Councilmember-at-Large Barnette, Rep. Paul Bolin, Alternate Visit Minneapolis North: Debra A. Skogen, City Clerk EXPIRE S 12-31-08 12-31-08 12-31-08 12-31-08 12-31-08 12-31-08 12-31-08 12-31-08 12-31-08 12-31-08 12-31-08 12-31-08 12-31-08 12-31-08 12-31-08 12-31-08 � AGENDA ITEM � COUNCIL MEETING OF JANUARY 7, 2008 �ffY �F FRIDLEY C�AI MS 134788 - 135121 � � �ffY �F FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 7, 2008 LICENSES Type of License Applicant Appraved By: Massage Therapy Managerial Liquor Dispensing License Food, Tobacco, and Retail Gas Sales Amy Ritter David C. Black for Applebee's Apple Mart d/b/a Stop & Save Police Department Police Department Police Department Community Development Fire Department � AGENDA ITEM � CITY COUNCIL MEETING OF JANUARY 7, 2008 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Allina Health S stems Commercial Dennis Marek Ron Julkowski, CBO Boo Doo Si ns Inc Si n Erector Robert Olson Ron Julkowski, CBO Cool Air Mechanical HVAC Charles Worms Ron Julkowski, CBO Innovation Installations LLC Si n Erector Shane Bowen Ron Julkowski, CBO Jorgenson Construction Inc Commercial Matt Jorgenson Ron Julkowski, CBO Maertens-Brenn Construction Co Commercial Brent Marlow Ron Julkowski, CBO P L Wilson Contractin Commercial Dennis Wilson Ron Julkowski, CBO Riccar Heatin Gas/HVAC Krista Buth Ron Julkowski, CBO R an Plumbin & Heatin Co Gas/HVAC Gre R an Ron Julkowski, CBO Steve's Heating & service Inc HVAC Steve Hemmelgam Ron Julkowski, CBO � � �ffY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 7, 2008 LICENSES William W. Burns, City Manager John Crelly, Assistant Fire Chief January 3, 2008 Approval of Rental Housing Licenses for the Fourth Quarter of 2007 Attached is a list of rental properties that is currently in compliance with Fridley City Code Chapter 220 Residential Rental Property Maintenance and Licensing Code. Staff is recommending that Council approve Rental Licenses for each of the 175 properties listed. License Renewal List ProplD: Property Address 1114 1117 1090 1123 1124 1127 1128 1148 1129 1130 1131 1132 1133 1134 1135 1093 1157 1158 1166 1506 1089 1160 1161 1167 1488 1456 1474 1162 1585 1164 1169 1171 1172 1172 1173 1163 1174 1175 1176 1508 1657 1177 1178 1179 5816 2nd St. NE 5851 2nd St. NE 6008 2nd St. NE 6541 2nd St. NE 6551 2nd St. NE 4901 3rd St. NE 4913 3rd St. NE 4921 3rd St. NE 4939 3rd St. NE 4949 3rd St. NE 4965 3rd St. NE 4985 3rd St. NE 5005 3rd St. NE 5025 3rd St. NE 5035 3rd St. NE 5310 4th St. N E 5320 4th St. N E 5339 4th St. N E 5347-49 4th St. N E 5353 4th St. N E 5370 4th St. N E 5401 4th St. N E 5419 4th St. N E 5420-26 4th St. N E 5601-07 4th St. N E 5622-24 4th St. N E 5641 4th St. N E 5644 4th St. N E 5740 4th St. N E 5800 4th St. N E 5810-12 4th St. N E 5840-42 4th St. N E 5850-52 4th St. N E 5850-52 4th St. N E 5860-62 4th St. N E 5870-72 4th St. N E 5900-02 4th St. N E 5916-18 4th St. N E 5924-26 4th St. N E 7517 4th St. N E 7534 4th St. N E 1050 52nd Ave. NE 1090 52nd Ave. NE 1120 52nd Ave. NE Rental Housing Units 2 11 4 5 6 7 7 7 7 7 11 11 11 11 7 2 4 2 3 1 1 4 4 4 4 2 2 7 1 4 2 2 1 1 2 2 1 2 1 1 1 17 17 16 Owner Eugene Tomas MATCOM Property ACCAP James & Jean Johnson Omar R. Nelson Neil Elmquist Neil Elmquist Nicholas Elmquist Nicholas Elmquist Nicholas Elmquist Excelsior Properties Excelsior Properties Excelsior Properties Excelsior Properties Milton Carlson Liquid Assets LLC Richard Perkovich Majestic Development Duane Schwartz Curtis & Marilyn Lindberg Bonnie Siegfried James Weatherly Barry & Sheila Jensen Barry & Sheila Jensen Mike Juaire Mike Juaire Tap Property Chohan Properties, LLC Thomas Elie John O. Haight Kenneth Jordan Joseph Tohey Jeff Hamer Jeff Hamer John L. Majewski Kwei-Tsang Chen Aleksandr Blinova Jeffrey C Nelson Shannon L. Munson John & Susan Kvidera Doreena Cisewski KJ Management KJ Management KJ Management Inspection Dist Yr Qtr 9 9 9 55 55 18 18 18 18 18 18 18 18 18 18 15 15 15 15 15 15 15 15 15 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 3 3 16 16 16 2 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 2 2 1 1 1 2 4 3 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 01/02/2008 page 1 of 4 License Renewal List 01/02/2008 ProplD: Property Address 1180 1524 1476 1184 1185 1186 1188 1200 1192 1201 1193 1195 1197 1199 1473 1202 1203 1557 1222 1223 1226 1226 1243 1244 1245 1250 1251 1252 1483 1465 1598 1253 1254 1609 1258 1259 1263 1264 1269 1266 1534 1523 1274 1275 1170 52nd Ave. NE 516 53 1/2 St. N E 571 53rd Ave. NE 251 57th PI. N E 262 57th PI . N E 359 57th PI. N E 390 57th PI. N E 5365-5367 5th St. N E 5370 5th St. N E 5373-75 5th St. N E 5400 5th St. N E 5420 5th St. N E 5430-32 5th St. N E 5451 5th St. N E 6156-84 5th St. N E 6232-34 5th St. N E 6242-44 5th St. N E 30 62 1 /2 Way 1590-96 68th Ave. N E 1591-97 68th Ave. N E 1612-18 68th Ave. N E 1612-18 68th Ave. N E 1630-40 69th Ave. N E 1650-58 69th Ave. N E 5600-02 6th St. N E 5606-08 6th St. N E 5612-14 6th St. N E 5618-20 6th St. N E 5932 6th St. N E 5949 6th St. N E 5972 6th St. N E 1200 72nd Ave. NE 1250 72nd Ave. NE 1486 73 %2 Ave. N E 1580-84 73 %2 Ave. N E 1590-94 73 %2 Ave. N E 1581-83 73rd Ave. NE 1591-93 73rd Ave. NE 360-62 74th Ave. N E 371 74th Ave. N E 450 75th Ave. N E 333 76th Ave. N E 181 79th Way N E 211 79th Way N E Units 17 1 1 7 8 8 4 2 3 1 4 3 2 32 16 2 2 1 4 4 4 4 6 5 1 2 2 2 1 1 1 42 30 1 2 2 2 2 2 4 11 1 8 8 Owner KJ Management John A. Koenig Tong Lee Lowell & Anthony David Rust William Toivonen Daniel O'Neil Simon Rashid Lee Swanson Joel Hansmann Todd Ellestad Rinehart L. Kurtz The Salvation Army JTH Properties Limited Partnership Real Estate Soluntions James Nelson Ignacio A. Polania Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Keith Alan Edstrom James Pearson Kenneth Hafner Kenneth Hafner Open Door Investments PK Properties Brad & Mary Carlson Ed & Sue Anderson Bailey Enterprises, Inc. Counselor Realty, Inc. Mozafar Chehrazi Gary Muske Gary Muske Gary Muske Joseph Tohey Rudy Bayer Roland Stinski Woodcrest Baptist John Gutmanis John Gutmanis Inspection Dist Yr Qtr 16 15 15 9 9 13 13 15 15 15 15 15 15 15 10 10 10 8 7 7 7 7 7 7 13 13 13 13 13 13 13 7 7 4 4 4 4 4 3 3 3 3 1 1 1 1 1 2 2 3 3 1 1 1 1 1 1 1 3 3 3 3 4 4 4 4 4 4 3 3 3 3 3 3 3 4 4 2 2 2 2 2 2 2 2 2 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 2 4 4 4 page 2 of 4 License Renewal List 01/02/2008 ProplD: Property Address Units Owner 1276 1295 1297 1299 1300 1301 1304 1305 1307 1308 1312 1314 1315 1316 1061 1318 1660 1602 1669 1605 1633 1044 1045 1046 1047 1077 1507 1348 1349 1351 1352 1353 1709 1643 1582 1363 1365 1366 1367 1368 1479 1054 1055 1653 231 79th Way N E 7301-03 Able St. NE 7325-27 Able St. NE 7349-51 Able St. NE 7365-67 Able St. NE 7379-81 Able St. NE 7433 Able St. NE 7447-49 Able St. NE 7479-81 Able St. NE 7495-97 Able St. NE 7539-41 Able St. NE 7565-67 Able St. NE 7579-81 Able St. NE 7595-97 Able St. NE 5960-80 Anna Ave. NE 5701 Central Ave. NE 6229 Central Ave. NE 6805 Channel Rd NE 6426 Christenson Ln NE 170 Craigbrook Way 5407 E Brenner Pass 5800 East River Rd. 5820 East River Rd. 5840 East River Rd. 5860 East River Rd. 5950 East River Rd. 7969 East River Rd. 7325-27 Evert Ct. N E 7330-32 Evert Ct. N E 7345-47 Evert Ct. N E 1301-03 Fireside Dr. NE 7833-37 Firwood Way NE 1104 Hackman Circle 1217 Hathaway Ln NE 1249 Hillwind 6341 Hwy 65 N E 6379 Hwy 65 N E 6393 Hwy 65 N E 6417 Hwy 65 N E 411-13 Ironton St. NE 536 Ironton St. NE 150 Island Park Dr. NE 151 Island Park Dr. NE 600 Janesville St. NE 7 2 1 1 2 2 1 1 2 2 2 2 2 2 34 32 1 1 1 1 1 42 42 42 42 12 1 2 2 2 2 2 1 1 1 10 8 7 8 2 1 12 12 1 John Gutmanis Chris Rugg John Glenn Chang Tao Vang Solomon Services, LLC. Tina & Brian Sorvari Marvey Mayer Robbi Olson Verner Investments Verner Investments Verner Investments LLC Barbara L. Overlien Barbara L. Overlien Barbara L. Overlien Riverwood Rentals, LLC Moore Lake Apts, LLC Mike Sherman Todd or Beth Lawver Jill or Garth Peterson Raad Almobarak Stacy Neudahl Georgetown Court Apts. Georgetown Court Georgetown Court Georgetown Court Guy Properties Tarik Seferovic Longview Properties Wayne Nelson Tim Olsen Gary Muske Mark Jedlenski Lowell Wolter Norma Hotvelt-lacono Jack & Elizabeth Sjobeck Nay-Rox Ltd. Partnership K & K Littler Nicholas Elmquist Nicholas Elmquist Jerome Thompson Double Deuce Properties Wicklow Properties Mirsad Dizdarevic Dangelo Investments Inspection Dist Yr Qtr 1 3 3 3 3 3 3 3 3 3 3 3 3 3 8 14 11 7 9 2 14 8 8 8 8 8 1 4 4 4 4 2 14 14 14 11 11 11 11 1 1 8 8 1 4 2 2 2 2 2 2 2 2 2 2 2 2 2 3 3 4 4 2 1 3 3 3 3 3 3 4 2 2 2 2 1 3 3 3 4 4 4 4 4 4 3 3 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 2 4 4 4 4 4 4 3 3 4 4 4 4 3 4 4 4 4 4 4 4 4 4 4 page 3 of 4 License Renewal List 01/02/2008 ProplD: Property Address 1599 729 Kimball St. NE 1496 735 Kimball St. NE 1710 248 Liberty St. NE 1553 254 Liberty St. NE 1078 176 Longfellow St. NE 1536 301 Longfellow St. NE 1371 6670-80-90 Lucia Ln. 1375 995 Lynde Dr. NE 1384 6019 Main St. NE 1385 6021 Main St. NE 1392 1361 Meadowmoor Dr. 1617 1378 Meadowmoor Dr. 1079 1418 Meadowmoor Dr. 1650 1140 Mississippi St. NE 1540 1250 Mississippi St. NE 1701 1601 N Innsbruck Dr. 1666 1601 N Innsbruck Dr. 1477 1200 Norton Ave. NE 1064 1275-1281 Norton Ave. 1434 6315-17 Pierce St. NE 1429 6335 Pierce St. NE 1584 6423 Pierce St. NE 1436 5650-60 Polk St. NE 1601 5530 Regis Drive NE 1519 6472 Riverview Terr. NE 1575 6480 Riverview Terr. NE 1646 8199 Riverview Terr. NE 1440 1375 Skywood Ln. NE 1441 6111 Star Ln. NE 1472 6170 Starlite Blvd. NE 1593 6121 Sunrise Dr. NE 1446 6447 Taylor St. NE 1447 7301-03 University Ave. 1448 7323-25 University Ave. 1450 7361-7363 University 1452 7385-87 University Ave. 1665 7411 University Ave. NE 1516 7565 University Ave. NE 1517 7573 University Ave. NE 1501 8310 University Ave. NE 1453 7389 Van Buren St. NE 1559 5651 W Bavarian Pass 1531 5751 W Moore Lk Dr. Units 1 1 1 48 32 4 4 1 1 1 1 2 1 1 5 4 2 2 1 32 1 2 1 1 2 18 1 1 1 2 1 2 2 1 1 1 110 1 1 1 Owner Aminah Amatullah Paul Dotty Kathleen Rohe Garth & Jill Peterson Appletime, Inc. Tarik Seferovic Lucia Lane Apartments Moore Lake Apts, LLC JTH Properties JTH Properties Joseph Teague Abdalla Omar Berisso Bekuto Monica Lane Gerald Joseph Pehl Joe Barton Margaret Thompson George Burkstrand Mike Juaire Michael Springs Robert D. Shimanski Milton Figueroa MMZ Properties, LLC Crispin Semakula Harry Narine Edward P. Fragale John Kennedy Wayne S. Johnson Rice Family Partnership Mohamed Ali Nor Linda Fjeld Wayne S. Johnson Haymant Seenanan Steven Petschel Joseph Tohey Brian P. Manning Minhtam T. Nuyen Jim Price Jim Price J.A. Wedum Foundation Joseph Thomas Mad Housing, LLC Gerry Gerochi Total # of Licenses for approval is 175 Inspection Dist Yr Qtr 1 1 1 7 14 9 9 4 4 4 11 11 14 14 7 7 11 11 11 14 14 8 8 1 16 9 9 9 10 3 3 3 3 3 3 3 1 3 14 13 4 4 4 4 4 4 4 3 2 2 2 2 2 4 4 3 3 4 4 4 4 4 3 3 3 3 4 1 2 2 2 3 2 2 2 2 2 2 2 4 2 3 3 4 4 4 4 4 4 4 4 2 2 4 4 3 4 4 4 4 4 4 4 4 4 4 4 2 3 4 4 4 2 4 4 4 4 4 4 4 4 4 4 4 4 4 page 4 of 4 � � CfTY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 7, 2008 January 3, 2008 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Public Hearing Continued from July 23, 2007 to Consider Revocation of Special Use Permit #06-04 for BDA Development, generally located at 7600 Hwy 65 NE M-08-03 INTRODUCTION Brent Anderson of BDA Development received a Special Use Permit from the City Council on September 25, 2006, to allow limited outdoor storage at his property which is located at 7600 Hwy 65 NE. As you are aware, several stipulations were attached to the approval of this special use permit. Those stipulations were: 1. Petitioner to obtain all necessary building permits prior to construction to proposed lean-to structure. 2. Proposed lean-to shall be 5 ft. from the side yard property line and the 5 ft. area shall be landscaped, irrigated and properly maintained. 3. Lean-to structure to be completed and all outdoor storage items to be placed inside the structure by October 1, 2007 to avoid further legal action. 4. Lean-to structure shall be maintained as an accessory structure and shall not become part of the principal building. 5. Petitioner to provide City Staff with dimensions of the outdoor storage area in the northwest corner of the property, labeled as "E" on the site plan. 6. A landscape plan shall be submitted and approved by City Staff prior to issuance of a building permit for the lean-to structure. Engleman ivy to be installed 24" on center on the concrete wall of proposed lean-to. 7. A grading and drainage plan to be submitted and approved by City engineering staff prior to issuance of a building permit for the lean-to structure. 8. Petitioner to provide storm water maintenance agreement for use of storm pond west of the subject property. 9. Gutters shall be required on the new lean-to structure to prevent run-off to neighboring properties. 10. Petitioner shall install curb and gutter around site perimeter and hard surface any remaining gravel areas with asphalt or concrete. 11. Gate width and style to be installed to access the rear yard on the east side of the property to meet Fire code requirements. Gate shall also be screened with slats installed in order to comply with code requirements by December 31, 2006. Gate shall remain closed, except when being used for access to the yard, to ensure proper screening. 12. Outdoor combustible storage shall meet Fire code requirements. 13. Water available for fire protection and distances shall comply with Fire code requirement. 14. Access to and through rear yard storage area shall meet Fire code requirements. A minimum of 18 ft. of clearance shall be provided for one-way traffic or 25 ft. clearance for two-way traffic. 15. No off-loading of materials shall take place in front of the principal building or eastern entrance area or service road. 16. No new structure shall be constructed in the "undefined" area on the west side of the property. 17. Existing semi-trailers on the site used for storage shall be removed prior to December 31, 2006. Semi-trucks and trailers shall not be permitted for storage purposes on the property. 18. No outdoor storage shall be permitted other than the storage of items used by the businesses located on site. 19. All storage shall be contained within the buildings, this structure as defined in this proposal, orthe area identified as "E" in the attached site plan. 20. Fence along the south side of property to be repaired or replaced prior to construction of the lean- to structure. 21. Poorly maintained fence along adjacent (Sam's Auto World) site to be removed once concrete wall of lean-to is complete. This fence removal will allow room for landscape maintenance outside of the lean-to and for an overall improved site appearance. At the time of the special use permit approval, the petitioner ensured the City Council and staff that all improvements to the site, including but not limited to, paving and curbing of the site, a new screening gate, and fence along the southern property line to be replaced or repaired would be completed by the December 31, 2006 deadline. The lean-to structure was to be completed by October 1, 2007. When the petitioner failed to meet several of the stipulations related to the special use permit, staff initiated a new public hearing before the City Council to consider revocation of the special use permit. On July 23, 2007, the City Council considered revocation of the petitioner's special use permit request. At that time the public hearing was held open with the understanding that all of the above stipulations would be met by December 31, 2007. If any of the stipulations weren't met by the December 31, 2007 deadline, staff would recommend that the City Council revoke the petitioner's special use permit. Staff spoke with the petitioner in early October 2007 and he stated that he has hired an engineering company to do a survey of the south side of the property and they are working on completing drawings of the proposed lean-to structure. He stated that he expected that construction of the lean-to should start around November 1, 2007. Since that conversation in early October, a building permit hasn't been applied for, nor has any work been completed at the property. Staff had not heard anything from the petitioner until today, upon completion of this report. His letter is attached for your review. RECOMMENDATION Staff recommends that the City Council revoke Special Use Permit, SP #06-04 by BDA Development, to allow limited outdoor storage in a M-1, Light Industrial zoning district, generally located at 7600 Hwy 65 NE, based on the following: 0 Several years of chronic outdoor storage code violations at this property. 0 City Code gives the Council the authority to revoke a special use permit due to failure of meeting stipulations following a public hearing. 0 Inactivity on the City's part, in light of these violations could arguably constitute a waiver of the SUP stipulations. As part of the special use permit revocation, staff recommends that the following action be completed by April 1, 2008: 1. The poorly maintained fence along the southern property line (adjacent to Sam's Auto World and Fridley Terrace) to be removed and replaced to provide proper screening. 2. All outdoor storage (including equipment, materials and vehicles) on site that isn't stored under a roofed structure to be removed. Staff will initiate the 20-day abatement procedure on March 12, 2008 to ensure that if the petitioner hasn't complied with the above conditions, the City will hire a contractor to remove and replace the fence and remove all outdoor storage items on the property after the 1St of April 2008 deadline. A resolution for revocation of SP #06-04 has been prepared and is attached for Council's signature. 7600 State Highway 65 N.E., Fridley, MN 55432. Phone: (763) 7848406; Fax: (763) 7841509 December 21$` 2007 City of Fridley Fridley Municipal.Center 6431 University Ave N.E. Fridley, MN. 55432 RE: Special Use Permit # 06-04 ATT'N: Stacy Stromberg I am in receipt of your December 20`� 2007 letter, and appreciate your position on this matter. Aduddell, Roofing and Sheet Metal, Inc., (ARSM) and Aduddell, Restoration and Waterproofing, Inc. (ARV� are my two largest tenants. The former tenant, Brent Anderson Assoc., Inc. (BAA) was merged into (ARVi� back on November 30`h 2006. Aduddell (ARSM) and (ARW) are delinquent on their rent payments to a total of $330,000.00 as of December 2007. They are moving out in January of 2008. All their equipment will be offproperty by January / February 2008. All scaffolding and material not under roof will be removed and the yard cleaned up. I have retained an attorney to file a lawsuit against Aduddell for past due rent. In retrospect, I could have forced eviction on Aduddell and put them out on the street, however, that is not how I operaxe and conduct myself. They (Aduddell) have found a new location. I enclosed Aduddell's third quarter financial statement since they are a public company. One can see that they lost 6.6 million dollars on 12.4 million in sales during the third quarter and have lost 10.7 million dollars on 36.8 million dollars in sales. In September 2007, they fired their CEO, CFO and much of their administration staff, in December 2007, they fired their controller. They are in trouble financially and this is why they have not been able to keep their rent current. In addition to their delinquent rent to BDA Development, they are delinquent to Intercontinental Construction and Equipment (ICE) in excess of 1.1 million dollars in material purchases. We are seeking to file a lawsuit on ICE' S hehalf as we1L Upon recovery of back rent from Aduddell, I plan to precede with the construction of the enclosed storage structures and the remaining stipulations listed in the said December 20"' 20071etter. I apologize for the time this has taken; however, funds have not been available to perform this work. Sincerely ._ y � �� Brent Anderson 98 � � �ffY �F FRIDLEY Date: To: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 7, 2008 January 3, 2008 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Revoking Special Use Permit #06-04 for BDA Development, generally located at 7600 Hwy 65 NE M-08-04 INTRODUCTION Brent Anderson of BDA Development received a Special Use Permit from the City Council on September 25, 2006, to allow limited outdoor storage at his property which is located at 7600 Hwy 65 NE. As you are aware, several stipulations were attached to the approval of those special use permits. Since the September 25, 2006 approval several of the stipulations have either not been met or are past the deadline for completion. RECOMMENDATION Staff recommends that the City Council revoke Special Use Permit, SP #06-04 by BDA Development, to allow limited outdoor storage in a M-1, Light Industrial zoning district, generally located at 7600 Hwy 65 NE, based on the following: 0 Several years of chronic outdoor storage code violations at this property. 0 City Code gives the Council the authority to revoke a special use permit due to failure of meeting stipulations following a public hearing. A resolution has been prepared to enable this action. RESOLUTION NO. _ A RESOLUTION REVOKING SPECIAL USE PERMIT #06-04 FOR BDA DEVELOPMENT TO ALLOW LIMITED OUTDOOR STORAGE IN AN M-1 ZONING DISTRICT, GENERALLY LOCATED AT 7600 HWY 65 NE WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning ordinances that regulate the use of land in order to protect the public's health, safety, morals, and general welfare; and WHEREAS, City Zoning Code Section 205.OS.S.G requires the City Council to revoke a special use permit, following a public hearing, when there is failure to comply with any and all conditions and stipulation of the issued permit; and WHEREAS, the Fridley City Council held a public hearing regarding the special use permit SP #06-04, to allow limited outdoor storage in an M-1, Light Industrial zoning district at BDA Development, generally located at 7600 Hwy 65 NE on September 25, 2006; and WHEREAS, an September 25, 2006 approval of SP #06-04 included 21 stipulations, of which several stipulations were to have been completed or submitted to City staff for review by December 31, 2006; and WHEREAS, City staff conducted an inspection of the site on January 29, 2007, April 11, 2007, and July 17, 2007 to determine compliance with the stipulations of SP #06-04; and WHEREAS, City staff found that compliance of several of the stipulations have not been met; and WHEREAS, the City Council held a public hearing on July 23, 2007 to consider revocation of SP #06-04; and WHEREAS, the City Council held open the public hearing until January 7, 2008 to allow the petitioner to complete a1121 stipulations by December 31, 2007; and WHEREAS, an inspection of the site on December 27, 2007 determined that several of the stipulations still have not been met and no work toward fulfilling those stipulations has been completed on the property; and WHEREAS, by all measures staff believes the remaining stipulations will go un-met, based on lack of performance to this point; and WHEREAS, Inactivity on the City's part, in light of these violations could arguably constitute a waiver of the SUP stipulations; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, after listening to all the facts presented at the public hearing, makes the following FINDINGS OF FACT: 1. That the City of Fridley and its staff have acted within the Fridley Zoning Code; and 2. That the City of Fridley staff accurately represented the condition of the property when they inspected it, finding several items of noncompliance of the stipulations of the special use permit; and 3. That the City of Fridley staff communicated the points of noncompliance to the property owner in writing prior to the public hearing; and 4. The property owner was notified by mail of the non-compliance and the public hearing date; and 5. That the public hearing was held on July 23, 2007, allowing the City Council to take testimony on this property; and held open until January 7, 2008, ensuring the stipulations would be met; and 6. That as of December 27, 2007, the property continues to be in violation of the special use permit action taken by the City Council on September 25, 2006. BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the evidence before it, expressly finds that the foregoing recitation is true and correct and incorporates it as part of its Findings of Fact. BE IT FURTHER RESOLVED THAT, based on these findings, the City Council of the City of Fridley hereby revokes the special use permit SP #06-04 to allow limited outdoor storage in an M-1, Light Industrial zoning district at BDA Development, generally located at 7600 Hwy 65 NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2008. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � � C1TY flF FRIaLE'f AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 7, 2008 DATE: January 3, 2008 TO FROM William W. Burns, City Manager Scott J. Hickok, Community Development Director SUBJECT: Signcrafters Settlement Agreement On March 10, 2006, Signcrafters of 7765-7775 Main Street were issued a citation for outdoor storage violations dating back into 2005 and years prior. A civil suit was then initiated by Lawrance Properties (Signcrafters) alleging that the requirements for an SUP for outdoor storage do not apply to their property, since as they described it, their use was pre-existing, non- conforming; thereby, not requiring a special use permit to do what they are doing. Our position remains that this is not true. Once the Civil suit was initiated, our insurer assigned the case to John Baker, Green and EspeL Mr. Baker's memorandum and a copy of the proposed settlement framework have been attached for your consideration. Council will see the actual settlement agreement a second time before the special use permit proceeds to the Planning Commission. Council is being asked at this time to consider a framework for settlement, which basically describes how the properiy owners will apply for a special use permit and by what specific terms and conditions (negotiated between the parties) the application would move forward. You'll note that one of the significant features is Signcrafter's request to have the $1, 500 SUP fee waived. On its own this requests simply seems unfair and borderline ridiculous. However, considering the overall cost of pending litigation this waiver becomes more reasonable. Especially, if the City's desired outcome of a compliant property, with compliant storage can be realized, without costly court proceedings. Beyond the waiver of this expense, a second significant feature is that there is language allowing a dumpster to be in their yard, but not in the area considered as outdoor storage under the special use permit. Consideration of this matter is time-sensitive, since the Court has postponed commencement of all legal proceedings allowing time for negotiation and potential settlement. That time set aside for this purpose is drawing to a close and legal proceedings including, but not limited to trial will commence later this month if a settlement framework has not been defined. STAFF RECOMMENDATION Staff recommends that Council Authorize staff to execute the attached agreement establishing a settlement framework for nonconforming use and SUP issues in Lawrance Properties et al v. City of Fridley. GREENE ESPEL MEMORANDUM PROFESSIONAL LINIITED LIABII,ITY PARTNERSI3IP SuiTE 1200 200 SOUTH SIXTH STREET MI�APOLIS, M��SOTA 55402 (612) 373-0830 FaY (612) 373-0929 TO: Mayor Lund and Members of the Fridley City Council C: William Burns, Scott Hickok, and Julie Jones FROM: John M. Baker DATE: January 4, 2008 RE: Authorization to execute agr�eement establishing settlement framework for nonconforming use and SUP issues in Lawrance Properties et al v. City of Fridley Our File No: 2043-0316 This involves authorization for a favorable resolution of a matter in which the City is a defendant and a counterclaim plaintiff in a dispute in which we are representing the City at the request of the LMCIT. The agreement has been executed by the Plaintiffs, and if authorized by the Council, can then be executed on behalf of the Council. After e�tended pretrial litigation, we have negotiated a favorable framework for resolution of those issues between the City and the plaintiffs (owners of the "Signcrafters" property and business) that are encompassed by the Plaintiff's Complaint and a Counterclaim by the City. In a nutshell, the litigation involves whether the Plaintiffs are required to obtain a special use permit in order to lawfully engage in outdoor storage activities on their property (as the City contends) or whether those activities constitute a lawful prior nonconforming use and thus can be performed on Plaintiffs' property without first obtaining a special use permit (as the Plaintiffs contend). There have been other areas of disagreement between the City and the property owners (involving compliance with other portions of the City's zoning laws, including those relating to onsite parking) but those areas of disagreement are not currently the subject of litigation. Subj ect to the Council's approval, we have persuaded Plaintiffs to agree to seek a special use permit containing specific terms and conditions that have also been requested by the City and negotiated between the parties, and that, if that special use permit is approved by the City, the pending litigation will end. Because this secures the City's primary objective in the litigation — to cause the Plaintiffs to operate under a special use permit — it effectively moots the question of whether the Plaintiff is grandfathered out of the SUP requirement. As noted, this agreement is a framework for settlement — which means, in this context, that once it is signed by both sides, a process must then take place involving an application by the Plaintiffs for a special use permit (with the terms already spelled out in the agreement and in the attached exhibit), which would then be considered by the Planning Commission and then by the Council under its regular processes. Thus, assuming the agreement is performed, the Council will see this matter a second time, after an application and Planning Commission consideration of it. Neither the agreement, nor the proposed special use permit, would give up in any way the ability of the City to take action against the Plaintiffs regarding issues such as the sufficiency of on- site parking, assuming the Plaintiffs do not voluntarily resolve those issues. As the City's counsel in this matter we recommend that the Council authorize the execution of this agreement. I plan to attend the Council meeting, where I plan to explain the agreement in greater detail and answer questions the Council may have. 2 SETTLEMENT AGREEMENT ANll LTMITED MUTUAL RELEASE Lawrance Properties, Signcrafters Outdoor Display Inc., Patrick Lawrance, and Michael Lawrance (collectively "the Plaintifis" or "Signcrafters"), and the City of Frid�ey ("the City"), hereby agree and covenant as fallows: A. The parties to this Agreernent r�vish to avoid the time, expense, inconvenience and uncertainties of litigation regarding vvhether Flaintiffs' outdoor-storage-related acti�ities comp�y with the laws of the City o� Fridley. Accordingly, without any of the parties admitting any liability or admitting the validity of any claim, counterclaim, cause of a.ction, or defense asserted in this action, the paz�Cies wish to resalve and settle the claims and counterclaims, and defenses asserted thereto, relating to the ovtdoor-storage�related activities of the Plaintiffs. B. The parties to this Agreement desire to dismiss witn prejud'rce the lawsuit entitled "Lawrance Properties Inc., a Minnesota corporation; Signcrafters Outdoor- Display Inc., a Minnesota corporation; Patrick Lawrance, an individual, and Michael Lawrance, an individual, Plaintiffs-Counterclaim Defendants, v. City of Fridley, a Minnesota municipal corporation, Defendant-Counterclaim Praintiff, " Case No.C4-06-656Q, in the District Court of the Tenth Judicial District in Anoka County ("the CiviI Action"). C. The parties iurther desire to disnaiss with prejudice the charges in a proceeding entitled City of Fridley v. Patrick Anthony Lawrance, TCIS No. T2-Ob-10073, in the District Court af the Tenth Judicial Dzstrict in Anoka Connty ("the Crirninal Action"). THEREFORE, in consideration of the foregoing, and the mutual covenants and conditions contained zn this AgreemEnt, the parties agre� as fol�ows: A. This Agreement is entered into in good faith for the p�rpose of settling those disputes of the parties to this AgreemenC wzth regard to whether Plaintiffs' outdaor-storage-related activities comply with the laws af the City of Fridley. B. This Agreement does not resol�e, and is not intended to affect, a�y ather present or potential dzsagreements between the parties other than the disagreement as to whether Plaintiffs' outdoor-storage-reIated activities comply with the laws of the City of Fridley. It c�oes not release, anc� it not intended �o affect, the obligation of any Plaintiff to compiy with any laws other than the laws of the City of Fridley that govem outdoor-storage-related activities. The sub�ects that are beyond the scoge of this Agreement include, but are not limited ta, the follovving: 1. Whether the parking available at Plaintiffs' premises, incIuding the number of off- street spaces, their size, the surface of the areas used or available for parking (including the type and condition of it), the curbing of the areas used or available for parking or the lack thereof, campZies with the laws of the City oi Fridley. �. 2. Whether the dra.inage areas at Plaintiffs' premises or lack thereof, compl�r ovith the laws of the City of FridIey. 3. Whether the stor�n wa�er management plan or practices or lack thereof, cornply �c�vith the laws of the City of Fridle�+. C. No later than February 1, 2008, Plaintiffs shall submit a complete application for a Special Use Perrnit for Outdoor Storage that matches the terms set forth in Exhibi� A attached hereto. This application shail include, but not b� �imited to, an accurate and professionally- prepared site plan (including a scaleable certificate of survey) of all o� the proper�y that is the subject matter af the CiviI Action. Wh�n recei�ed, this appiication shall b� processed by the Ciiy, including presentation to the Planning Commission and tY�ereafter to the City Council, according to tl�e Council's regular timetables and internal dEadlines. The City agrees Co vvaive all fees with resgect to the processing and issuance of the Special Use Pezmit. D. As a conditron to the ei%ctiveness to this Settlement, the parties agree that the City may adopt and approve the attached Special Use Pern�it, with the te�ns in Exhibit A attached hereto, and that the Plarnti�s will abide by the condit�ons of that Special Use P�rmit if approved. If the City does not adopt and approve tl�e Sgecial Use Pernr�it, the a�tcoz�e shall be governed by Paragraph I oi this Agreement. E. Except only for the representations or obligations oi the parties under this Agreement and the Special Us� Permit, the Plaintiffs and an�r and all of their bene�iciaries, ernployees, agents, representati�es, successors, assignees, transferees, joint ventures, attorneys, and insurers, hereby release and discharge the City, and its past and present officers, elected of�icials, emplayees, agents, represen�atives, �liates, divisions, successors, assignees, transferees, joint ventures, attorr�eys, insurers, and rislc pools (including the League of Minnesota Citaes Tnsurance Trust} frarn all manner of cIairz�s, demands, actions, causes oi actions, suits, debts, dt�es, sums of money, accounts, bills, covenants, contracts, rights, obligations, contraversies, agreements, promises, and demands whatsoever, wh�ther in law or equity, the PIarntrffs ever had, or now have, or hereafter may have, vvhether known or unknovvn, regarding whether the Plaintiffs ontdoar-storage-related activities comply with the laws af the City ai Fridley. F. Except only for the representations or obligations of the parties under this Agreement and thE Special Use Permit, the City, and any and all of their and their past and present officers, elected ofiicials, empla�ees, agents, representatives, af�liates, divisions, successors, assignees, trans%rees, joint ventures, attorneys, insurers, and risk paols hereby release aria discharge the PZaintiffs and their beneficiaries, employees, agents, representatives, successors, assignees, t�ansferees, joint ventures, attorneys, and insurers, fron� all �nanner af claims, dernands, actions, causes of actions, suits, debts, dues, sums of money, accaunts, bills, covenants, contracts, rights, obligations, controversies, agreements, promises, and demands whatsoever, whether in law or equity, the City ever had, or now has, or hereafter may have, whether krtown or unknown, against the Plaintiffs, with regard to whether �e Plaintiffs' outdoor-storage-related activities comply with the laws of the City of Fridley_ G. EacY� party wiIi bear its own costs, expenses and attorneys' fees that it has incurrEd in connection witn ar arising out of the Action. 2 H. This Agreement shall be binding upon the successors and assigns of the parties, whether by way of nnerger, consolidation, operation af law, assignment, purchase, or other acquisition. Y. The effectiveness of this Agreement is contingent on the approval of the Special Use Permit in tne form attached as Exhibit A to this Agreement ar a c�ifferent versian of that Perrnit agreeable ta the parties. In Che event that approval af the Special Use Permit is not forthcorning, then within 30 days of a final unappealable or nnappealed action denying an application faz its approva.l, this Agreerrtent shall be �oid, and the parties agree that in that circumstance one or more parties may reinstate the Civil Action, the Criminal Action, or both, or any portion thereof. J'. Within 20 days of the execution of this Agreement, the parties, thraugh their counsel, shall execute az�d file stipulations for dismissal with prejudice of the Civil Action and the C�iminal Actiozt. K. All questions witl� respect to the constn�ction of this Agreement and the �ights and liabilities of �he parties ta this Agreement shall be gaverned by the Iaws of the State of Minnesota. L. Tiiis Agreement eff�cts the settIernent and release of claims arxd defenses, vvhich are deniea and contested by the parties, and nothing contained in this Agreement shall be construed as an admission of liahility by either party. M. Each party represents and warrants that it has not assigned or transferred, or purported to assign or transfer, any oi the claims released pursuant to �his Agreement to any other person and that it is fuIly entitled to compromise and settle such ciaims. Each party shall indemnify the other against a�l costs, expenses, and judgments, including all attorneys' fees incurrEd, in th� event tna� amy third party shall assert any oi the claims released pursuant to this Agreement based on a purported assignrnent or transfer oi rights by a part� to this Agreement. N. 'I'his Agreement and its attachments and addenda represent tl�e entire agreement b�tween Che parties with respect �o t1�e subject matter of the Ag�reerraenC and supersedes alI priar and contemporaneous oral and written agreements and discussians. Each of the parties covenants that it has not entered into this Agreement as a resuit of any representation, agreement, inducernent, or coercion, except to the extent specifically provided in this Agreement. Each party further covenants that the cansideration recited rn this Agreement is the only consideratian far entering into this Agreement, and that no promises or representations of ather or furCl�er consideration have been �nade by any person. This Agreement may be amended onIy by a written agreemEnt executed by all parties. O. This Agreement is the result of arms-length negotiations among the parties. Al� parties ha�e participated in the negotiations, have had an equal opgortunity to participate in the drafting and revision of this Agreement, and ha�e had the opporlunity to review this Agreernent with their counsel. No ambig�ity shall be constraed against any party based upon a claim that the party in questian drafted �e ambiguous language_ P. 'This Agreernent may be executed by the parties by facsimile and in identical counterparts, each of vvhich shaIl constitute an original for all purposes. 3 WHEREFORE, the parties have executed this Settlement Agreement and Limited Mutual Release effective as of the date first above written. Dated: Dated: Dated: Dated: Dated: LAWRANCE PR4PERTIES AND SIGNCRAFTERS OUTDO�R DISPLAY INC_ T'I� CITY OF FRIDLEY BY= Its Mayor By: Its: City Manager P:lAltomcylSAS51 Clienl F]esLSign Crnfters�Selllemenl A�rcemen[ and l,imi[W MuWnl Rcles;e-Auguc[ ckan.DOC f:9 EX�IISIT A C�TY OF FRIDLEY RESOLUTYON NO. SPECYAL USE PERMYT FOR OUTD40R STORAGE AT [ADD ADDRESSES OF ' THE PROPERTIES �N 'TIIE PARCEL] The above matter carc�e beiare the Ciry CounciI of the City of Fridley and was heard on the _ day of �, 2p08, an a petition for a special use permit for outdoor storage pursuant to the City of Fridley's Zoning Ordinance, for the foliowing describea property: 7765 Main Street and 7775 Main Street, Fridley, Nlinnesota. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: 1. As depicted on the attached site plan (Exhibit 1), the existing outdoor storage area is limited to a maximum of 3,195 square feet, exclusi�ve of the area occupied by a singie waste dumpster on the prernises. [note: the site plan w%il reflect that the outdoor storage area will be located on the pavement, loading dack or trailers along ��e east side of the �roperty, and wilI not be located on the 21' by 19' space at the no�rth end of the trailers or elsewhere, however, the dnrnpste�r may be moved to this area.� To reduce the likelihood that open areas outside the lawfizl outdoor s�orage area, parking area, and d�iving or turnaround areas are inadvertently used for the purpose of outdoor storage, those apen areas outside of the areas designated in the site plan for ontdoor starage, parking or driving or turnaround areas shall be landscapea with black din and then seeded vvith grass that becomes established, is then cut regularly and otherwise maintained. 2. Other azeas ai the property will not be used for outdoor storage unless the property owner or ovvners have first corne into full comptiance with those portions of the state and local law then in ef%ct that regulate outdaor-storage-related activities, including but not �imited to curbing requirements, paving requirements, drainage reqnirerrzents, and storm water management requirem.ents. 3. As depicted on the attached site glan, the outdaor storage area is limit to a side oz' rear yaz-d. 4. The materials and equipment kept in the designated outdoor storage area znust be fully screened so as to not be visible fram any of the public rights-of-way adjacent to the site, or from eiiher of the commercial ases ad�acent Ea �he site. Satisfaction of this condition vvill require the addition ai opaque screening that encompasses the north, east and west sides of the outdoor storage area, includ"zng on the gate ar gates. 5. Screening of the outdoor storage area shall be achieved through a combination of masanry walls, fencing, berming, ar Iandscaping in accordance with Fridley City Code § 105.17.06.G.(1){a). Compiiance with canditions 4 and 5 rnay be achieved through either { 1) installa.tion and maintenance of a comhination of slatting from top to bottom of chain-link fencing and gates and Englerr�an I�y planted along the fencing every two feet on center, or (2) installation ana maintenance on all fencing and gating suz�aces of 9a percent black privacy screening material. For purposes of this provision, "maintenance" includes repIacement of broken or deteriorated slats or other materials, care of all ivy plants and replacEment Chrough rep�anting of any aiseased or dead ivy plants_ 6. Materials and equipment stored o�tside must not exceed 12 feet in height. 7. If any of the trailers currently used for outdoor storage are mo�ed or replaced, the groperty owners shail then be required to pave the area beneath the trailers and extend the curbing to the entire east side and the entire north side of the outdoor storage area as depicted on the attached site p�an. In the interim, the property owners must install or keep a solid wood floor in each such trailer. S. This permit does not authazize the outdoor starage oi semi-trucks, senu-trail�rs, or heavy construction equipment. This condition does not prohibit the use of up to tl�ree units for the outdoor storage of parts so Iong as those units are within the area perrnitted for outdoor storage, and tI�eir height does not exceed the 12-foot requirement of conditian 6 (above). 9. Hazardous chemicals and rnaterials may not be stored outszde. I0. Except as otherwise specified above, Pe�itioners must fully camply with these requirennents no later than 7une 1, 2008_ Adopted by the City Ca�ncil of the City af Fridley this _'� day of , 2008. ScotC Lund, Mayor 2 ATTFST: Dr. William Burns, City Manager P.1A[[omeyLSA55l Climt I"ikslSi�ClvftaslSUPreIsxm.u�n: (Er A[o Set[kmznt A�cc�rot) (mrir�edxle�n.DOC N � r V] a w � Q � H ou � � � M � .._-...........'-'._......._._..»._._._._._.......�....._.�......_...... ' - . . . . . . . . . . . . . . .� ..............� --.... - . . . . . . � - . . . . . : .."-".-.....:'-'�--"-""-..... . . . . , , - ..._....."-°--..^'_•'.-' ' . . . . . ' . • . ' . � � . • . • . . . . . . _ . . " � ' � • • • C � � . _ . . . � . • � . � . � . � . w'.. � . ' . ' • , af `� . � . ' • ' • ' • ' � • ' • ' � • � � N . : • ; : : � : : � � : : : : . : � m . . . . . . . . . •Q . . . . . . . . , �' M... ... r � , � ' . � � . • . . - . . . � • •.... ...-•• ...: � ¢ � •..�., '� � `� � `� � _ . . � . V 6' • • � Q' . . . v � � . j p�p � � . . . . . . , � � ' • . . . . . . . . - � �� .r}m........ p�. . �•...... •.. .. irj. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .� . . . . . . . . . . . . . . Q. . . . . . _ . . . . . - .. . . . . . . . . . .— . . . . . n � . . . . . . . . . . . . . ..' . . ....: . .. . . ... ....... - .. ..... r. .....a...�_...___.�...a.......m: a....�.....:.s..'...: .a :n _.�..'.A �...L.. :.a:__..:.._'.._.xSa.'� � \ � m r � �-------------------- `"' I .- ---- ----- � � ---------- -------------- --�L::'- m .. � N -� � .....•'•.:...�� . tvl ....... ... --•-------------�------- m • • . .. ^_� .'� .- - � ��I--- . -_.-_.-.�,,..=-�.---:,- ',--•....:.'.... .:': � • • : •. � �,•� � ._�, •; , : ;" .' '.,� ""...::" . - �. �„ �-�. � .�.�,-.. '�:-,..`M....... ::..."� � ^ � .: . ,'�-_ : : ,_.� . __ : = .- .... ..._' ..M • � � � ,- ' � �. - - . , -.' • .. ... ....... ... . �_ -.'; � •fi -. �� ;. ' . '. ; -- _ j ._ -- ::. . _ _ ,v-.� - � �' .;� ,- . . . : ;-. .: : .- . � O N � �, �� ' .�. ��' ., , . ' . : - _ � �", -r .. • "_ ,� � .�,-�. • -. . ',.' • - "_�, -+ . .::......r.�........::: . : . . ,�. : , : : .�-�. : : . . . :. _ : . � :...........:: :.-�.�.:. =_�.-.�: .�.;��.�.�' �°:.��.� : �.:.=::�-:�.-� :::::: � : :::: �_-: � . : .� -. - � �.�: . - - �:�.-: ..__ . �::.::::�:: � .. ••: : : :.-•-' : '•' : : =. :•' ; '. : ' :` :'' ,,' � '.. `h ::�-- -�.- • ..::_`��`' . .. ' • . •� '• • . �• Y • , .� .. � '.• . .' . . � ,' •,. � •�!- . .' .: ::.:.... ..:..... :: '� ' �" -� ^ • " ' �'�' � - ' ' - �• '. .� .. .. r � AGENDA ITEM � CITY COUNCIL MEETING OF JANUARY 7, 2008 �ffY �F FRIDLEY INFORMAL STATUS REPORTS