CCA 11/09/2015 �
"��°' CITY COUNCIL MEETING OF NOVEMBER 9, 2015
Fridley
The City of Fridley will not discriminate against or harass anyone in the admission or access to,
or treatment, or employment in its services, programs, or activities because of race, color, creed,
religion, national origin, sex, disability, age, marital status, sexual orientation or status with
regard to public assistance. Upon request, accommodation will be provided to allow individuals
with disabilities to participate in any of Fridley's services, programs, and activities. Hearing
impaired persons who need an interpreter or other persons with disabilities who require auxiliary
aids should contact Roberta Collins at 572-3500. (TTD/572-3534)
COUNCIL WORKSHOP (6:30 P.M.)
Request from Alexandra House for Financial Support in 2016.
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 26, 2015 .................................................... 1 - 35
NEW BUSINESS:
1. Receive the Minutes from the Planning
Commission Meeting of October 21, 2015 .................................................... 36 - 50
2. Resolution Approving Final Plat, P.S. #15-01,
by ZCOF TL Fridley LLC, the Property Owner
of 250 — 57th Avenue N.E., to Create a Separate
Lot on the Southwest Corner of the Property
(Ward 3) ........................................................................................................ 51 - 55
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9. 2015 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDI:
3. Resolution Ordering Preparation of a Preliminary
Report and Preliminary Plans and Specifications
for 2016 Street Rehabilitation Project No. ST2016-01 .................................. 56 - 59
4. Claims (170302 — 170471) ........................................................................... 60 - 80
5. Licenses ........................................................................................................ 81 - 85
6. Estimates ...................................................................................................... 86
OPEN FORUM. VISITORS: Consideration of items not on Agenda — 15 minutes.
ADOPTION OF AGENDA:
PUBLIC HEARINGS:
7. Consideration of Text Amendment, TA#15-04,
by the City of Fridley, to Modify Chapter 205,
Zoning, of the Fridley City Code, to Clarify the
Variance and Appeal Procedures, Modify the
Public Right-of-Way and Easement Vacation
Process, Provide a Process by which Property
Owners may be able to Expand Legally
Non-Conforming Structures, Reference the
City's Active Transportation Plan, and Update
Definitions and Existing Language ................................................................ 87 - 131
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9. 2015 PAGE 3
PUBLIC HEARINGS (CONTINUED):
8. Consideration of Text Amendment, TA#15-06,
by the City of Fridley, to Add a Fee for
Non-Conforming Building Expansion Permits
to Chapter 6, Fees, of the Fridley City Code ................................................. 132 - 136
9. Consideration of Text Amendment, TA#15-05,
by the City of Fridley, to Consider Repealing
Chapter 205.27, Creek and River Preservation
Regulations, of the Fridley Zoning Code, and
Adopting a new Floodplain Ordinance, as
Prepared by the Minnesota DNR, that Adopts
Revised FEMA Maps and Standards for
Development of Flood Hazard Areas to
Minimize Future Flood Losses in Areas
Subject to Periodic Inundation ...................................................................... 137 - 184
NEW BUSINESS:
10. First Reading of an Ordinance Repealing
Chapter 205.27, Creek and River Preservation
Overlay, of the Fridley Zoning Code Pertaining
to Floodplain Management ........................................................................... 185
11. Informal Status Reports ................................................................................ 186
ADJOURN.
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FRIDLEY CITY COUNCIL MEETING
OF NOVEMBER 9, 2015
T:00 p.m. - City Council Chambers
Attendance Sheet
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CITY COUNCIL MEETING
CITY OF FRIDLEY
OCTOBER 26,2015
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:03 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: Wally Wysopal, City Manager
Darcy Erickson, City Attorney
Scott Hickok, Community Development Director
James Kosluchar, Public Works Director
Darin Nelson, Finance Director
Deb Skogen, City Clerk
Martin Harstad, Eiche, Inc.
Kirsten Sersland, CenturyLink
PROCLAMATIONS:
Community Planning Month- October
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 12, 2015.
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Chapter 214, Related to Definitions,
and Electronic Message or Dynamic Signs.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1323 ON SECOND READING AND ORDERED PUBLICATION.
1
FRIDLEY CI_TY COUNCIL MEETING OF OCTOBER 26,2015 PAGE 2
NEW BUSINESS:
2. First Reading of an Ordinance Amending Fridley City Code Pertaining to the
Approval and Issuance of Business,Rental and Contractor Licensing.
Wally Wysopal, City Manager, stated staff is requesting this item be removed and placed on the
regular agenda.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR.AGENDA.
3. Resolution Adopting Assessment for 2015 Utility Lateral Repair Project.
ADOPTED RESOLUTION NO. 2015-52.
4. Resolution Certifying Certain Delinquent Utility Services to the County for
Collection with the 2016 Property Taxes.
ADOPTED RESOLUTION NO. 2015-53.
5. Approve Engagement Agreement between the City of Fridley and Moss & Barnett
for Legal Services Pertaining to CenturyLink Cable Franchise Request.
Mr. Wysopal stated all costs will be reimbursed by the franchise petitioner.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
6. Approve Consent to Assignment of Consulting Services Agreement between Flat
Rock Geographics, LLC, and Tri-City GIS Organization to RE/SPEC, Inc., and
Assumption of Consulting Services Agreement between Flat Rock Geographics,
LLC, and Tri-City GIS Organization by RE/SPEC, Inc.
Mr.Wysopal stated this is a result of a sale and purchase of the firm.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
7. Approve Change Order No. 1 for 2015 Street Improvement Project No. ST2015-01.
Mr. Wysopal stated this is for additional work directed by the City, which amounted to 2.7
percent of the total project cost.
APPROVED.
2
FRIDLEY CITY_COUNCIL MEETING OF OCTOBER 26.2015 PAGE 3
8. Approve Change Order No. 1 (Final) for Springbrook Nature Center Boardwalk
Replacement Project No.433.
Mr. Wysopal stated this is for in-field adjustments amounting to 7.7 percent of the total cost,but
it still remains under the budget.
TI3IS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
9. Approve Proposed 2016 Development Review Schedule for the Planning
Commission and the Appeals Commission.
APPROVED.
10. Appointments- City Employees.
Mr. Wysopal stated in the Police Department, the City is appointing Ryan George and Steven
Monsrud as Lieutenants. These appointments will be effective January 1, 2016.
APPROVED.
11. Claims (170135 - 170301).
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
12. Licenses.
Mr.Wysopal stated these include rental licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
13. Estimate
O'Malley Construction, Inc.
35799 - 241 st Avenue
Le Center,MN 56057
Safe Routes to School Improvements
Project No. ST2011-21
EstimateNo. 1...................:........................................$ 3,253.73
APPROVED.
3
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26,2015 PAGE 4
ADOPTION OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Bolkcom to remove Item Nos. 2, 5, 6, $, and 11 and place them
on the regular agenda. Seconded by Councilmember Barnette.
UPON A .VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Barnette to approve the proposed consent agenda with the
removal of Item Nos. 2, 5, 6, 8, and 11. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM,VISITORS:
No one from the audience spoke.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 2,
5, 6, 8, and 11. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
14. Consideration of the Assessment for the 2015 Nuisance Abatement.
MOTION by Councilmember Saefke to waive the reading of the public hearing notice and open
the public hearing. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED
AT 7:15 P.M.
Darin Nelson, Finance Director, said this is the annual assessment for those properties in which
continuing Code violations existed where the City expended resources to bring the properties
into compliance. This year there are 29 properties involved for a total amount of $17,127.63.
These assessments are levied for one year at 6.5 percent interest. He checked with the Planning
Deparhnent and, as of today, the City has not received any correspondence contesting any of the
proposed assessments.
4
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26.2015 PAGE 5
Mr. Nelson stated as with all special assessments, the City does have a deferral option available
for retired and disabled property owners on homesteaded properties. In order to qualify, you
have to be 65 years or older, and retired by virtue of permanent or total disability for which it is a
hardship. Application for deferral must be made within the first 30 days after the final
assessment rolls are approved by Council. There are some income guidelines as well, too.
Residents need to contact his office, and he will work with them on an individual basis.
Councilmember Bolkcom stated after the resolution is adopted, people would have an
opportunity to pay this off. Also, they have been sent a letter saying that this is due. She asked
if they would get a letter after tonight's meeting.
Mr. Nelson replied, they have all been sent several letters by the Planning Department up until
the assessment process; and then they were sent individual letters telling them of the public
hearing of the assessment and what the next actions were. The City does courtesy letters for the
street project, and he assumes it would be the same since there are only 20 or so parties. They
have had a couple property owners pay since this notice has been published. If the assessments
are approved tonight, an additional fee goes on top of the assessment.
Councilmember Bolkcom asked if they have paid, does it need to be taken off the resolution.
Ms. Nelson replied, they traditionally have not as the list changes. The City only certifies to the
County the ones who have actually paid by late November or the first part of December.
Councilmember Saefke asked whether the City has double-checked the locations of these
places because in years past sometimes the property number was incorrect.
Mr. Nelson replied, yes, with respect to the nuisance abatements, they worked with the Planning
Department to make sure the numbers were accurate. They used the County system to double
check those.
Martin Harstad, 2195 Silver Lake Road, stated he owns property on Danube which has been
assessed $400 plus for mowing. This particular property is a vacant lot. His accountant
mistakenly took his file and, therefore, he does not have a whole lot of information with him but
he has a pretty good memory. This particular lot has been kind of controversial and has been
before this Council a number of times. His parents originally developed a lot in that particular
area. This was a remnant. At one time it was two lots. The lots have never been built on. A
number of years ago,maybe early 2000, his brother came in before the Council and talked about
possibly building a home on one of the two lots. At that time the two lots were combined into
one lot. The lot itself is completely covered with woods, brush, and it has a wetland in the back
of it. It still is a buildable lot. It is on�the t�rolls.
Mr. Harstad stated about 2004 upon his mother's death, his father retired and sold the
remaining assets to his children. They are tough lots: He is not sure what to do with them. For
this particular lot it is solid woods other than one little strip of grass that runs along the edge of
the curb. Technically what they say needs to be mowed is the right of way--the boulevard.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26. 2015 PAGE 6
Mr. Harstad stated his brother, Paul, who used to work in a real estate business with him used
to handle these things. In 2008, when the real estate bubble popped,his brother found a different
job and in 2010 he did. He has been taking care of the lot as part of his duties. He runs the
family operation. This spring he came home from being up at his lake place on a Monday, and
there was a recorded call from his brother saying he received a call from somebody at the City of
Fridley who told him that they needed to mow the lot on Danube or the City was going to send
somebody out to it. He said he immediately called somebody about mowing the lawn and hired
a person to do it. The same person who had done it the year before, but evidently he had to be
called again.
Mr. Harstad stated he called City staff and made mention of it. Interestingly enough, this is the
same lot he had offered to donate to the City, so staff was very aware of it. They had a long talk
about it, and he said that he had somebody hired, and they would be there by that Wednesday. A
guy showed up on Wednesday and the lot was already mowed. He put it on the schedule. He
mowed on a regular basis. The record here will show in City Hall that it was mowed on that first
time,before he could get his guy to do it because he did not have 48 hours'notice to do it.
Mr. Harstad stated a bill showed up in the mail. He paid the bill which was $150 for less than
10 minutes of mowing; one little strip of lawn going along the boulevard. The next month
another bill came. He thought it was the same bill because they had someone mowing it.
Mr. Harstad stated the next month another bill shows up. He called City staff and said,
something is going on here. Staff replied, well, we are mowing it every week or it is on the
regular shift going out. He asked them why it was on the schedule. He told them he was paying
to have it mowed every two weeks. Staff said they did not know that. He did not know the City
was mowing. He never got notice of it.
Mr. Harstad stated he does not know why the $461 is being assessed, when it started or when it
stopped. He just knows this is probably the most mowed lot in the City at this point, and it is the
smallest lot that is mowed in the City he is sure of that.
Mr. Harstad stated, first, he never received formal notice. His parents have owned it for
probably 30 years. He is here to request that his $461 bill be removed.
Mayor Lund stated normally the City sends the letters to the property owner. He asked Mr.
Harstad whether the property is still legally in his parents' name.
Mr. Harstad replied it is legally in his name. It has been since 2004.
Mayor Lund asked in his name.
Mr. Harstad,replied, Eiche, Inc., 2195 Silver Lake Road.
Mayor Lund asked that is him and not his parents.
Mr.Harstad replied his father is a resident at White Pines and his mother passed away.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26 2015 PAGE 7
Mayor Lund stated it seems to him this has been something that happened before. It gets on the
rotation schedule and there is a lack of communication. The letter that Mr. Harstad's brother or
somebody got, maybe it did not disclose the entire contents of the letter which says, once it gets
started it gets into a rotation.
Mr. Harstad stated his brother has not worked for the company since 2010. Five years ago. So
he got the call even though he had spoken with Community Development and the City Manager,
as well as the Mayor.
Mayor Lund stated Mr. Harstad has talked with him before about wanting to donate the lot. Mr.
Harstad had mentioned that the two lots were combined as one P.I.N. now, and it was a buildable
lot.
Mr. Harstad replied it is a buildable�ot.
Mayor Lund replied he heard that it is not a buildable lot.
Scott Hickok, Community Development Director, replied, yes, he and Mr. Harstad did talk
about this. The City closes out one season at a certain point so they can get the assessments out.
The City closed out the 2015 season, for example, so that they will see some of those coming on
in 2016 as assessments. The same thing here. You have a 2014 assessment that he and Mr.
Harstad talked about. The City did notify Paul Harstad and, in response, the City did mow the
property. He had told Mr. Harstad that the City would subtract all but $37.49 which was a fair
deal Basically the City had to pay something to the contractor who was out there doing it.
Mr. Hickok stated this is a property that goes back in the City's records to 2004. Every year
they,need notification. Every year there is a problem with mowing. It is a very visible area
along what is being described as a single strip along the roadway. It is not. As with every other
lot that goes back to a wooded area, the City expects the boulevard and the area back to the
woodland to be mowed and kept neat and maintained.
Mr. Hickok stated he had a very nice discussion with Mr. Harstad and they did square on that
bill,basically reducing it to $37.49.
Mayor Lund stated that was for 2014.
Mr. Hickok replied, that was 2014. That was on the City's bill of September 29, 2014, with the
understanding that, okay, now communication is clear, he understands he needs to be taking it
over. Eiche was then notified at that address, 2195 Silver Lake Road; and no mowing was
evident to the City's contractor. The City only mows when it is clear the property is not being
mowed. The City's contractor is very good about pulling back if it is evident it is being mowed.
He will not mow.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26,2015 PAGE S
Mr. Hickok stated it is not that the City is overburdening somebody with an assessment. This is
a property that does not get maintained. This is an ongoing problem. This is an ongoing
assessment. After they talked about it and the communication was clear, the property still did
not get maintained properly. That means the City has to put it on the mowing list and has to
maintain it.
Mr. I3ickok stated, also, there is a staff cost associated with this. It would be a lot cheaper to
mow it yourself because there is a per-hour fee of$75 and staff time fee of$75 an hour. The
contractor fee is actually$74.99. Staff fee is $75 for the time it takes to inspect and reinspect.
Mr. Hickok stated if you want to build on it, come and talk to staff. They would be glad to talk
to you about a buildable lot and an idea that you might want to build on.
Mayor Lund asked if the$37 got paid in 2014 or if it was carried over to 2015.
Mr. Hickok replied it is carried over. It was later in the year.
Mayor Lund asked how many times the City mowed.
Mr. Hickok replied,that was in 2014. All of those were sent this year, and billing invoices were
dated June 23, July 8, July 21 and August 4.
Mr. Harstad replied, there is some terrible confusion going on here. The conversation they had
about that was six, seven, weeks ago. Not in 2014.
Mr. Hickok stated the date of the adjustment was when they talked, and that was on a bill for
September 25,2014.
Mayor Lund asked Mr. Harstad if it was not clear that they were discussing the assessments to
the end of last year and then carried over to this year.
Mr. Harstad stated,no,the billings were showing up on a monthly basis this year. He had hired
someone from Ace Lawn Service to mow it on a bi-weekly basis this year. That is what he
called Mr. Hickok about. He said to him, something is going on here. I am getting a bill every
month and paid last month's bill. He did not get a letter this year. He would be shocked if the
City had a letter in the file to him this year.
Mayor Lund stated Mr. Hickok just read off about four different billings in 2015.
Mr. Harstad stated he is not disputing he received the bills, but he did call Mr. Hickok to tell
him it was being mowed and to ask why he was getting the bills.
Mayor Lund stated six weeks ago was in mid-September or the first part of September. By that
time Mr. Harstad had received a bill in June, July, and early August; and then was there a billing
invoice later in August.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26.2015 PAGE 9
Councilmember Bolkcom replied, no, the dates were June 23, July 8,July 21, and August 4.
Mayor Lund stated there were already four of them before Mr. Harstad called about September.
Mr. I3arstad stated he has $280 worth of bills for mowing this lot from Ace Lawn Service this
year.
Mayor Lund replied, Ace is charging Mr. Harstad when he sees it is already done and he is not
doing it.
Mr. Harstad stated when he received the first bill from the City he paid it. He missed it. He
had 48-hours' notice not in a letter but in a phone call from his brother. So then he hired Ace
Lawn Service to mow it and they are there every two weeks. Ace even said to him as part of his
bill,he said, Marty, I don't know why I'm mowing that thing it doesn't need to be mowed.
Mayor Lund replied,because the City had been mowing it.
Mr. Harstad stated he did not know that until he talked to Mr. Hickok about six weeks ago. He
asked what is going on here, why does he keep getting bills for this. I have somebody that is
mowing it and they said, well, once it is in the system.
Mayor Lund stated Mr. Harstad agreed to pay the bill. When was that? Was this in the
conversation they had six weeks ago?
Mr. Harstad replied he paid the first bill.
Mayor Lund asked which bill.
Mr. Harstad replied he paid $149.99 on July 21 for the first mowing.
Mr. Hickok stated their discussion was clearly late 2014. There is a note in the file that Mr.
Harstad did call. He received an extension from Deb Biorn who gave him a 48-hour extension
before the City had it mowed. This is truly the classic example of not paying attention to your
property. You have a contractor going out there. Contractors will typically charge you for going
out to a site. If they see it mowed, they are still going to charge you for their time. The City's
contractor would do the same thing if they came out and they saw it mowed. The City's
contractor would not mow it if it had been mowed. This is not the first year this property has had
to be mowed. When the contractor goes out there and sees that it needs to be mowed, they will
take care of it. That is a problem the City continues to have on this site.
Mayor Lund stated he can see the misunderstanding but now when he hears this has been
ongoing since 2004 and every year you have to re-tell your contractor to come back.
Mr. Harstad asked please accept his appeal of it. It will be interesting to see Mr. Hickok's
paperwork once they get to court on it. He is sorry to take up their time. He disagrees with what
Mr. Hickok is saying. He thinks the record speaks for itself.
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FRIDLEY CITY COUNCIL MEETING OF OCTOSER 26 2015 PAGE 10
Mayor Lund stated he can see the miscommunication, but then he hears that this has been a
repetitive thing since 2004.
Mr. Harstad stated for three years he mowed it himself. To say it has been going on since 2004
is just flat out wrong. In 2010,his brother quit.
Mayor Lund asked Mr. Harstad when his brother quit in 2010, was he taking responsibility for
the mowing.
Mr. Harstad replied, he was in charge of handling those kinds of things as part of his job in the
company. In 2010 when his brother was gone, Mr. Harstad mowed that lawn himself as well as
the one up on Matterhorn. He mowed it in 2010, 2011, and 2012. In 2413 he hired Ace Lawn
Service who mowed it in 2013 and 2014. Then he was supposed to mow it in 2015.
Mr. Harstad stated he will admit he had a lot of things going on and he does not follow up
every year and say to the lawn service. It is a problem lot. It is a problem for the City, it is a
problem for him, and he does not know how to get rid of it. This year his brother got the phone
call which waved the big flag that nobody was mowing the lawn. He immediately called and
said, he would have somebody on it. The contractor went out there and told him someone had
mowed it. He said he told them to put it on their schedule and mow it every two weeks.
Mayor Lund stated it would have behooved him at that time to call the City and ask them to
take it off the maintenance schedule. It sounds like the City has had him on the maintenance
schedule in previous years.
Mr. Harstad replied, once he got the second billing and he realized it was being billed on a
regular monthly basis, that is when he called the City. He was told, well, once you axe on the
schedule,until you call the City and tell us to take you off the schedule they do not take you off:
Mayor Lund asked if Mr. Harstad was taken off the schedule six weeks ago when he called.
Mr. Hickok said he was taken off the schedule after the call on September 10, 2014, and he
asked Rock Solid to stop mowing because of the call. The owner was willing to take over at that
point. They did not bill after that point in 2014.
Mr.Harstad stated they talked in 2015.
Mr. Hickok stated by June 19, 2015, there was no record of the City doing any mowing, but
there is Code Enforcement memoranda that indicates "long grass,mow site,the property has had
history since 2004." Because it was not mowed on June 19, the City began mowing at that point;
and they can see from the invoices that they continued to mow because there was no evidence it
had been mowed.
Mayor Lund asked if they had any record of Mr. Harstad's call six weeks ago.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2015 PAGE 11
Mr. Hickok replied, there is a note from Deb Biorn that as a courtesy, he was given 48 hours
and that was on June 19, 2015.
Mayor Lund asked when the City stopped mowing this year.
Mr. Hickok replied,he believed the City stopped mowing when the grass quit growing. The last
bill of this year was August 4. That does not mean the City stopped mowing, but that would be
the last date to get in this cycle of this assessment.
Mayor Lund stated so there might be something after August 4, and that would go onto next
year's assessment.
Mr. Harstad stated, Mr. Hickok, we talked this year; we did not talk last year. He keeps saying
2014. They talked six weeks ago.
Mr. Hickok replied, they talked right after there was a long-term consideration of whether the
City had any interest because as Mr. Harstad stated, he had offered the land to the City because it
is a trouble lot and he was not interested in it. They talked after that. That was a 2014
conversation.
Mayor Lund asked Mr. Hickok, if he had a conversation with Mr. Harstad this year about six
weeks ago.
Mr. Hickok replied, no. Ms. Biorn has a note in the file that she granted an extension about that
time. It was over six weeks ago.
CounciLnember Bolkcom asked Mr. Hickok, when he said that Ms. Biorn gave him 48-hours'
notice on June 19, does that count over the weekend. She thought Mr. Harstad said it got mowed
on the 22nd.
Mr. Hickok replied, it was an extension.
Councilmember Bolkcom asked if she gave it on the 19th, how long would Mr. Harstad have to
mow it.
Mr. Hickok replied, 48 hours.
Councilmember Bolkcom asked, 48 hours business hours or just 48 hours counting Saturday
and Sunday?
Mr. Hickok replied, 48 hours. The best time to mow it probably was the weekend. He was
given 48 hours from the date of that call to get it taken care of.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26 2015 PAGE 12
Mr. Harstad said Mr. Hickok's dates and times make sense of what his recollection is but he
thinks he has the wrong dates on this year's notes because the 48 hours that he is talking about
was clearly given when he called.
Mr. Hickok stated one thing he and Mr. Harstad will agree on is the record will speak for itself.
Mayor Lund asked if there were charges from the City in 2010, 2011, and 2012. He asked if Mr.
Harstad got any notifications. He asked if the City sent him any billings about those years, too.
Mr. Hickok stated the record shows: June 16, 2004; June 4, 2007; June 9, 2008, August 4,
2009, and May 19, 2010. In 2011 and 2012, there was no need for notification. In 2013 again
the City had an issue that picked up and that was on August 2, 2013. On September 10, 2014,
Mr. Harstad called and wanted the City to take him off the mowing schedule,which they did.
Mayor Lund asked, and if that was in 2014?
Mr. Hickok replied correct.
Mr. Harstad asked, in October 2014?
Mr. Iiickok on September 10.
Mayor Lund stated but there was a conversation there where Mr. Harstad said, please take it off
the mowing schedule so he knew there was a mowing schedule in 2014.
Mr. Harstad stated how many years were they assessed? Obviously if the City mowed it, he
was assessed for it. It was just noted by Mr. Hickok that of all the years he put on the public
record here are the years that the City sent him a notice. He asked of those years, was he
assessed for the City mowing it or did he ignore the City's notice and mow it.
Mayor Lund asked if he meant he was assessed such as happening tonight or if he was asking if
he was billed and paid in previous years.
Mr. Harstad replied, either one.
Mayor Lund asked if the City had ever assessed Mr. Harstad befare this year.
Mr. Hickok replied, it looks like in those years they took care of it. For example, for the
notification dated June 16, 2004, by July 12, 2004, they closed the case. On June 4, 2007, they
had the first inspection and closed the case on June 18, 2007. Ori June 9, 2008, it was open and
they closed the case by June 24, 2008. A case was opened on August 4, 2009, and closed by
August 21, 2009. So, yes, he would say that validates what he is saying that when notified, they
took caxe of it. That was not the case,unfortunately, in 2014 and 2415.
Mr. Harstad stated what Mr. Hickok just explained is that if they received a notice, they sent
somebody out and had it mowed. He would dispute the facts of 2014 that the City mowed his
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26,2015 PAGE 13
property on a regular basis. He asked if the assessment tonight for mowing for this summer or
last suminer.
Mayor Lund replied $37 was carried over from 2014, and it was initiated again in June of this
year and continued on. The last billing is early August of this year wkuch does not mean that is
the end of it because that is all the further they go for this year's assessments. There may be
some carryover from 2015 into 2016.
Mr. Harstad replied, he understands what the Mayor is saying but he would beg to differ that in
2015 the record is as it was stated. His conversations with staff and with Mr. Hickok were in
2015. He did not call last year and ask that anything be done with any billing in 2014 because
there were no billings in 2014. They are talking about billings in 2015. What is going on is they
have a date, it should be 2015 instead of 2014 because that is when those conversations
happened and that is when he talked to staff. They talked about the lot for that matter this year
as well. He talked with the City Manager, he talked with the Mayor, and he talked with Mr.
Hickok about the lot this year. Last year this was not on his radar at all. This is all stuff that is
going on this year. In fact the guy from Ace offered to come in here and say that he mowed that
property every two weeks.
Mayor Lund asked Mr. Harstad if he can look at his file.
Mr. Harstad said the record shows that anytime staff has notified him to take care of it, he has
taken care of it--including this year.
Mayor Lund stated but it is repetitive in some manner. He can see this has happened before that
they get on a rotation;they just keep doing it.
Mr. Harstad stated they have never had to hire anybody on it. He has always taken care of it.
End of story. He is painted here as a bad person. He is coming in here and telling them the
truth. He even had someone mowing it this year.
Mayor Lund stated to Mr. Harstad, he does not think he is a bad person. First of all, he thinks
there still is some confusion. It really boils down to there was a phone conversation. It would be
nice to have a record via e-mail, etc. The due dates do not jive. The City does not want to take
more out of Mr. Harstad's pocket than it has coming. The City paid money out, and it is not fair
to have the taxpayers pay for that mowing person it has hired. It is not cheap. There is no
disputing that.
Mr.Harstad replied he knows it is. They are asking him to pay for it twice.
Mr. Harstad stated please accept his letter.
Councilmember Bolkcom asked, back on June 19 when he called in and asked for a 48-hour
extension, is it normal practice for someone from the City staff to go out and look at the property
before someone goes there to mow.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26,2015 PAGE 14
Mr. Hickok replied, yes, absolutely.
Councilmember Bolkcom stated so someone probably went out on Monday and noticed it was
not mowed. What was the date of the first mowing?
Mr. Hickok replied it was invoiced on June 23. It was scheduled to be mowed on June 22.
Mr. Harstad stated the 48-hour extension was not a conversation with him. Somebody called
because they did not send a letter to say that they were doing it. They called his brother who was
the contact that they had on the file.
Mr. Harstad stated it was explained to him that once you are on the rotation, you cannot get off
the rotation unless you request it.
Mr. Hickok stated that is not true. You can get off the rotation by maintaining your property.
He would be very glad to testify to this record and to the times and dates that they had those
discussions.
Mr. Harstad stated when he talked to Mr. Hickok, he gave him the name of the person that
mows it for the City, and he called the person. He asked that person how someone got off the
rotation. He was told they could not take him off the rotation. The City took people off.
Mr. Harstad stated this is not a personal thing between him and Mr. Hickok. He does not know
if there is some bad blood carried over from the Matterhorn lot or what it is, but there is
something clearly wrong here.
Mayor Lund stated he did not read that into tonight's discussion and argument. He did not take
any of his conversation to be that there was something personally going on.
Mr. Harstad replied he is. He has never been treated this way before.
Mayor Lund replied he is sorry. They want to try and be fair.
MOTION by Councilmember Bolkcom to accept into the record a letter dated October 13, 2015,
from Martin N. Harstad. Seconded by Councilmember Varichalc.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Saefke stated this is what he understands. In 2014,they had a discussion about
the possibility of the transfer of the lot. However, he did not have the one about mowing until
2015 which was six weeks ago. The only thing he thought was a little funny, and he is not
accusing anybody of anything, but Mr. Harstad said that his guy went out there and it was
already mowed and his guy told him it was mowed. Would that not trigger something that
maybe you should call and cancel?
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26.2015 PAGE 15
Councilmember Bolkcom stated other than maybe you would assume that you hired someone;.
Maybe the first time he paid, but then he had his own guy mowing every two weeks and in the
meantime, our contractor was mowing every other week.
Mayor Lund stated he did not know how late in the summer this happened.
Councilmember Bolkcom asked if it was on record that Mr. Harstad is the owner of the
property.
Mr. Hickok replied it is owned by Eiche, Inc.
Councilmember Bolkcom asked if that was where the first letter was sent.
Mr. Hickok replied they are very careful the City's letters go to the right place. His brother was
the owner and was responsible for this property, and the County records did not change as fast as
their ownership did. As soon as Eiche owned it then they would be contacted directly at that
address. There was no overlap though where he was being billed or even mowing was taking
place in between but for he called in late 2014 and said that his brother was not maintaining it
anymore. He said he would be taking care of it. They had a very nice discussion. They took the
staff time off and reduced the contractor cost to something the City thought was fair and
reasonable. It seemed like he was going to now take over. They were excited about the fact that
this lot was no longer going to be the City's responsibility to keep clean. In 2015, they ended up
having that same issue again. The City's contractor is very careful to not mow because they
know the City may not get paid if they mow it after a contractor has mowed it. If it even slightly
looks like it, they will call them and staff will run out and look at it.
Mr. Wysopal stated he wanted to mention that he did have several conversations with Mr.
Harstad about the property donation to the City, and it was last year in 2014 in the fall and then
again mid-summer, July, of this year, where he brought it up again. In both instances, the City's
position was that it was a property that did not make any sense for the City to own. It has no
value to it. If it were a property that could somehow have a connection to the other rivers and
streams, that the City would be able to use, it might be different. However, as it is, the City had
no interest in it. That was the essence of their conversations.
Mayor Lund stated he would concur with that. He remembered Mr. Harstad contacting him last
year and he referred him to Mr. Wysopal. Tonight Mr. Harstad clearly stated that it was a
buildable lot and they determined that it really was not.
James Kosluchar stated Mr. Harstad owns multiple lots. There is one that has a concern about
whether it is buildable or not just because of the elevation grade, although the neighboring lots
have been built on.
Mayor Lund stated but that is on Matterhorn. Is the Matterhorn lot buildable?
Mr. Hickok replied, Matterhorn he would say, no. As to the East Danube location, there are two
lots there. They did some filling that they needed to correct way back. They did get his own
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26,2015 PAGE 16
concurrence with the DNR and appropriate agencies to say those lots are buildable. His brother,
Forrest Harstad, came in with the intent to build on the site and could have built a house on the
site. The neighbors were just absolutely against anything being built on this lot. Mr. Harstad
stated he did not want a neighborhood relationship to begin this way and decided not to build.
Mr. Hickok said the neighbors did not want a house there, and the Harstads did not want to
battle with them. However, it has cost them. That does not mean that they should not continue
to at least maintain the strip, and it is not very large. In his discussion with him, he talked about
getting your own mower out because, honestly, there is not a lot of mowing to do. It makes the
lot look good, and it is a lot cheaper to do it than have the City do it. They tried every approach.
It is not for lack of trying they are here tonight.
Mr. Barnette asked for the address of the lot.
Mr. Hickok stated he can give him a P.I.N. If you drive off from Matterhorn and drive onto
East Danube it is on the left side. You get down to the wetland marshy area with trees. That is
the lot.
Mr. Wysopal stated there have been a lot of peripheral discussions here tonight but what is
really germane to the topic has to do with the lack of mowing. He wants to make clear with Mr.
Hickok that the reasons for the City mowing and taking the action it did is because the property
required mowing according to the City's records. Is that correct?
Mr. Hickok replied,that is correct.
MOTION by Councilmember Saeflce 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 WAS CLOSED
AT 8:08 P.M.
2. First Reading of an Ordinance Amending Fridley City Code Pertaining to the
Approval and Issuance of Business,Rental and Contractor Licensing.
Deb Skogen, City Clerk, stated this is a first reading of an ordinance amending the City Code
pertaining to the approval and issuance of business, rental, animal control, and contractor
licensing. It has been the practice of the City Council to approve all licenses on the consent
agenda at each meeting. The current practice is inefficient and has sometimes delayed some
businesses from opening in an orderly manner. The City would like to have a friendly business
relationship with its business community. The current process does not always promote that.
City Council and staff inet in August to discuss the licensing process. Staff was directed to
review the City Code to determine who would be responsible for the approval. Some sections
were silent while other sections specified an individual or the City Council.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26,2015 PAGE 17
Ms. Skogen stated Minnesota state law does require city council approval for a few licenses,
such as the liquor license. The League of Minnesota Cities Handbook describes whether there is
discretion used when granting a license. In the case where there is no discretion used and it is
purely an administrative role, it is appropriate for the clerk or other administrative officer to
approve the license. If there is a potential to cause problems and discretion is an essential part of
the license, it would be impractical or perhaps illegal for someone other than the City Council to
approve the license.
Ms. Skogen stated staff contacted eight other communities about their approval process. Of
those communities contacted, five of the cities use a mixture of approval while three require city
council to apprave all licenses. Based on all of the information, an ordinance was drafted
proposing the following changes: Section 1, Chapter 11, General Provisions and Fees. Staff is
creating a section allowing for the approval of the issuance of the license administratively unless
it is otherwise provided for in the City Code. Section 2, Chapter 13, Gasoline Sales. Staff is
recommending an amendment requiring the licensee to meet all applicable Zoning Code
requirements. Repealing Section 13.06, requires City Council approval as the Zoning Code
would regulate where they would be located and any conditions they may have
Ms. Skogen stated with respect to Section 3, Chapter 17, Auctions. State law does not allow
cities to license auctions but allows the cities to request proof of state licensure and bonds.
Accordingly, they are amending Section 17.07, replacing Council approval for the proof of state
licensure and they are repealing Sections 17.08 and 17.09 by removing the licensing and fee
requirements because of the State law. Section 4, Chapter 18, Motor Vehicle Body Repair. Staff
is amending Section 18.12, replacing City Council approval with the City Clerk and adding
Community Development Director along with the Public Safety Director for recommendations.
Ms. Skogen stated as to Chapter 22, Music Festivals, amending Section 22.09 by replacing
Finance Director with City Clerk and replacing City Manager with Public Safety Director, and
amending Section 22.14 directing City Clerk to issue the license after the review and approval
process. Section 6, Chapter 23, Public Dances, amending Section 23.03, replacing City
Council's approval with Public Safety Director approval. Section 7, Chapter 24, Junk Yards.
Creating Section 24.04 which would provide a reviewal process by the Public Safety Director,
Fire Marshall, and City Planner to ensure applicant has met all requirements.
Ms. Skogen stated, Section 8, Animal Control. By amending Section 101.03.2.A requiring the
applicant to file the license with the City Clerk and Section 101.03.2.B by replacing the City
Council approval with Community Development Director, providing additional language
regarding adverse affects and authorizing the City Clerk to issue the license. Section 9, Building
Code, amending Section 206.07.3, Contractor License, by removing the requirements of City
Council approval.
Ms. Skogen stated staff recommends holding the first reading on the ordinance amending
Fridley City Code Chapters 11, 13, 17, 18, 22, 23, 24, 101, and 206, pertaining to the license
approval, and issuance process.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2015 PAGE 18
Councilmember Bolkcom stated she disputed a paragraph of the staff report on page 12,
"Besides the inefficiencies listed above, there is a concern that the City Council, or a future City
Council, could decide to deny a license without having any findings as to why a denial would be
requested." She said she takes offense to that. They all raise their hands and promise to uphold.
They do not willy nilly decide not to do something or deny a license. Normally there is a staff
report, and then it might come back to Council for questions. There is not anything related to
contractors and some of those. She takes offense that is in their agenda packet.
Councilmember Bolkcom stated they did have one conversation at a conference meeting and
they went over this briefly and the City Manager sent it to them a week ago; however, she asked
Ms. Skogen to go into a little more detail as to the five cities who do a mixture of approvals
which were Anoka, Columbia Heights, Coon Rapids, New Brighton, and Maple Grove. She
asked Ms. Skogen if she can tell her what mixture they use. The Council did not get any of that
information back which they had asked for, as to who does what. Also, Blaine, Mounds View,
and Spring Lake Park who are very close to Fridley approve all the licenses. She totally
understands why staff is looking that up, for the contractors and tree trimmers, they do not need
to come back to the Council. However, she does take issue with some of the other ones that are
in here because some of these are things they hear back from their constituents, whether it be the
gas licenses,music festivals, and the auto body repair.
Ms. Skogen replied, for the cities that use an administrative process, Anoka uses a process
administratively with the exception of a few licenses such as liquor licenses or special event
licenses. They find it extremely beneficial to the licensee and staff. At Columbia Heights, staff
approves and issues the licenses. They provide a list to the city council of approved licenses
except where State law would require council approval, such as a liquor license.
Councilmember Bolkcom stated Columbia Heights provides a list so it goes in the council's
agenda so they do not approve it.
Ms. Skogen replied, staff approves and issues the licenses and provides a list to the council of
the licenses they issued. In Coon Rapids, there is a mixture of city council and administrative
approvals. City Council approves liquor, pawn, massage therapy businesses, bowling centers,
and amusement centers. Administrative approvals are used for tobacco, peddlers, solicitors,
single massage therapists, carnival, dancing, and parades. Renewal lists are provided to council
for the licenses the City Council approvals.
Councilmember Bolkcom asked about the renewal list.
Ms. Skogen replied, she did not say what it was. That was the information that she got in
response. She is assuming anything that the council would approve the first time around, they
would be renewed by the council the second time around. New Brighton's council only
approved licenses that have been sent to public safety for their approval. Those licenses include
massage therapy, liquor, and gambling.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26,2015 PAGE 19
Councilmember Bolkcom stated she sees a fair amount of these that do go to public safety. If
they are going to go along that line of approval, then there would be more.
Ms. Skogen stated at Maple Grove, the council approves liquor, tobacco, refuse and recycling,
and the other licenses are approved administratively. The three cities that have council still
approving their licenses are Blaine, Mounds View, and Spfing Lake Park.
Councilmember Bolkcom asked if she knew why they continued to do it that way.
Ms. Skogen replied she did talk with the city clerk at Blaine. She previously worked at Coon
Rapids. She did try and bring in their process, but council wanted to continue to maintain what
they had. As far as the other two, she did not ask why.
Mayor Lund said the licenses for liquor, gambling, and a few others are not listed in the
ordinance as being changed.
Ms. Skogen replied correct. They would continue to come to Council for approval.
Councilmember Bolkcom stated Ms. Skogen said any licenses that the public safety department
was involved in. There is a fair amount of these now that have public safety review.
Mayor Lund stated so those would still come to Council if they were to approve what was
suggested here.
Ms. Skogen replied, no. Council would have something like a massage therapist where
currently they have to provide to the City credentials that they are educated and are a member of
a certain organization, and the only approval process they do currently would be through the City
Clerk and the Public Safety Director. Then peddler, solicitor. That is where the City has its
biggest problem especially when there are big storms. The City gets tree trimmers or solicitors
requests in and they go through a police background search. The Police Department looks at the
applicants' criminal histories to ensure they are not a threat to the residents. Of the 22 solicitor
licenses issued in July and August, staff had recommended denial on two applications. Staff
gave the individuals a phone call and told them the Police Department recommended denial of
their license. Those applicants withdrew their applications. Sometimes applicants have to wait
for the approval process because of the timing of the City Council meeting. Sometimes they
have to wait two weeks. This would be one of the licenses that would have the ability to be
licensed administratively.
Councilmember Bolkcom stated and, again, she is not disputing those. However, when Ms.
Skogen mentioned New Brighton does licenses that are sent to public safety, so an example
would be the motor vehicle auto body repair. That is with Community Development and the
Public Safety Director for recommendation. That would be one. Music is another one that goes
back to Public Safety. Also, the junk yard one would not change. She understands the
contractor one and some of those. However, she is not sure she is ready to give up some of those
other ones at this point. Some of these are things that affect where people live. There has to be
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2015 PAGE ZO
reasons why three of the other communities approve them all. Ms. Skogen mentioned some
things as to why the others were mixed.
Ms. Skogen replied, as to the music festival, all staff did was change the title of the individual
receiving and reviewing the application. The Code did not require the City Council approval of
the license.
Councilmember Bolkcom asked what was changed.
Ms. Skogen said they had to change some of the terminology because under Music Festival they
do not have it as the City Manager at this time; and staff felt it better that the City Clerk receive
the application versus the Finance Director. The ultimate approval is completed by the City
Manager.
Councilmember Bolkcom said this is one they would never see.
Ms. Skogen replied, correct. They would on the license list. If there was an issue with the
license and they needed to bring it to them, they certainly would.
Councilmember Bolkcom stated so what she is saying is, in her packet, if staff approved a
music festival in the old way, would she had seen it on the list?
Ms. Skogen replied, yes.
Councilmember Varichak said and in the future they would not see it.
Ms. Skogen stated they can discuss ways of providing the information.
Councilmember Bolkcom stated but at that point it would already be approved. So basically it
would just be informational.
Wally Wysopal, City Manager, stated that was one of the reasons they were taking this initiative
in addition to the point of trying to be more efficient. They were not trying to take due process
away from the public on the review of these. They were saying staff has to review these things
based on certain requirements and, if the Statute limits what those requirements are, then it
would be most efficient for staff to take care of that decision and move it forward. Therefore, it
only makes the Council's decision-making ceremonial because if Council deviated from any of
those other decisions, it would create new criteria for that license to be issued. The criteria are
already there for staff to do its responsibility and review that license application and then move it
forward.
Mr. Wysopal stated, for some of these to come back to Council for review, what would be the
basis of review. As Deb Skogen pointed in her report, the intent is there as to what type of
acknowledgment goes publicly that this license has been approved. This is where staff would
provide Council with a list. So if you take a rental inspection under this proposal, staff would
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26,2015 PAGE 21
review administratively as they currently do, make the decision, issue the permit, and then advise
Council of the permits that were issued.
Councilmember Bolkcom stated in every section here there is something from State Statute that
tells you exactly what you can approve. For example, for music festivals, is there something in
the State Statute that says you can or cannot approve it?
Mr. Wysopal stated, no, there are certain things here, for example, with gasoline sales that a
license would be predicated upon the zoning. The license itself has to do with the gas pumps and
that type of thing. For staff that is a regulated issue where they would have to apply,just like
with the solicitor licenses, the background checks that the Police Ueparhnent does as a standard
course. They would then make that recommendation to the Council for approval. If the Police
Department already did a background check based on those standards, then what would the
Council base its denial on?
Ms. Skogen stated after their discussion last time, there was a checklist which showed the
approval process. After the meeting, she reviewed each chapter of the licensing Code to look for
the license approvals process. Where sections of the code were silent, staff created a new section
in Chapter 11. As to other sections, where there was an approval process, she reviewed it and
recommended the change. Attorney Erickson reviewed it. They made several changes and it is
here for the first reading. Staff would like to help Council and allow them to approve what they
would like to approve, but also understand that for some of the licenses, there is no discretion
needed and that it is just routine.
Mayor Lund asked Councilmember Bolkcom if she had any further questions. He asked which
ones she had issues with. He said he marked a couple of question marks by music festivals,
public dances, and junk yards. The rest he thought were okay.
Councilmember Bolkcom stated, well, the junk yard does say that it has to ensure an approval.
She asked if it would come back to the City Council. She has a concern about music festivals,
motor vehicle repair, and gasoline sales.
Mr. Skogen stated as to music festivals, in the 17 years she has been here, there have been no
music festivals outside of'49er Days. Some people do come in, they look at the fee, they look at
all the arrangements that are needed, such as restrooms, garbage, etc., and decide not to do it.
Mayor Lund stated there are a couple of restaurant liquor license establishments that would like
to do an outdoor venue where a music festival would fit under that as well. They want to do an
outdoor one,maybe put up a tent with alcohol outside.
Ms. Skogen stated their liquor license is only for the building,not for the parking lot.
Mayor Lund stated what if they kept the liquor sales indoor and kept the separation,would there
be other things that would stop them from having an outside band? In what case would they be
successful in doing that? One of the big things that has kept the Short Stop from doing
something is because of its proximity to residential.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26,2015 PAGE 22
Councilmember Bolkcom mentioned it is not just an ordinance for today. It is also for the
future.
Ms. Skogen said they could come in and meet with staff to address the conditions of the license
to see whether or not they would qualify for a license.
Councilmember Varichak stated what about the possibility of Springbrook Nature Center when
they make that amphitheater. Could music festivals be held there?
Mayor Lund stated under the proposal, it would still be staff looking at those things, too, rather
than City Council.
Councilmember Bolkcom stated she understands the urgency. Part of why staff was looking at
it was because of the all the contractors, etc. However, most of the rest of them are not ones that
someone just comes and says, I need it tomorrow. She does not feel that overworked by reading
stuff.
Mr. Wysopal asked Ms. Skogen as to Section 22.09 does it currently go in front of City Council
for approval?
Ms. Skogen replied, it would be listed on a list of licenses.
Mr. Wysopal stated but according to the ordinance it does not require to be approved by City
Council.
Ms. Skogen replied correct.
Mr. Wysopal stated so they are just changing titles within Section 22.09.
Councilmember Bolkcom stated but, again, when you look at an ordinance and you are
changing an ordinance, it does not mean you change everything that used to be that way. The
whole idea behind an ordinance is to look at the whole ordinance and make changes and make
clarifications. She asked Mr. Wysopal if he knew what she meant.
Mr. Wysopal replied he did not. He is just saying that right now the music festivals can be
approved without City Council approval.
Councilmember Bolkcom stated of course. She understands that but it does not mean it could
not be.
Mr.Wysopal replied, right.
Councilmember Bolkcom stated she has not read it all so she would not know whether it did or
did not in the past.
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�RIDLEY CITY COUNCIL MEETING OF OCTOBER 26.2015 PAGE 23
Mr. Wysopal stated that is the point he was trying to make is that not all of these are necessarily
taking away City Council approval.
Mayor Lund asked if Council would like to make a motion for the first reading and indicate if
there are any issues that any councilmember would like answered before the Second Reading
such as word changing. The only concern he has about the auto body repair business there is
always the concern that they are legal. Again that would go through the Police Department.
Ms. Skogen stated currently the City has a body repair shop that is trying to become licensed,
and staff is working with Community Development, Building Inspections, and the Fire Marshall.
They are supposed to put in a specific spray room for the spray, and staff is having issues with
that.
Mr. Wysopal stated they are not in any hurry to get this done. His question for the City
Attorney is do they have any flexibility in the timing of the first and second reading.
Darcy Erickson, City Attorney, replied the City is required to have the two readings. She would
have to check the City's Charter to see if there is any time sensitive nature to it. What they could
do is continue it to the next meeting for second reading, and they can verify any deadline
requirements that, as with any continuance or layover, they always like to inform the public so
that if there is interest they can appear and be heard.
Councilmember Bolkcom asked attorney Erickson if they could move to continue the first
reading to a date certain.
Attorney Erickson replied, certainly if they want to continue and resume further discussion and
they would like to have staff provide more background, that certainly would be appropriate.
They could continue the first reading to a date certain.
MOTION by Councilmember Bolkcom to continue the First Reading of an Ordinance
Amending Fridley City Code Pertaining to the Approval and Issuance of Business, Rental and
Contractor Licensing to November 26, 2015. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom stated she will provide a list of questions to the City Manager and
ask, too, about what the other cities are doing.
Attorney Erickson stated she did check the Charter and it states they need to have a minimum
of seven days between their hearings. No maximum.
5. Approve Engagement Agreement between the City of Fridley and Moss & Barnette
for Legal Services Pertaining to CenturyLink Cable Franchise Request.
Councilmember Bolkcom asked as to Section B under the Agreement, what does it mean
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FRIDLEY CIT_Y COUNCIL MEETING OF OCTOBER 26. 2015 PAGE 24
"CenturyLink will provide an application fee to the City as part of its application to the City to
offset the fees and costs incurred by the City". Also, does staff have any idea what the cost
would be to have this Agreement and what the City's legal services cost might be?
Wally Wysopal, City Manager, replied this is very similar to what the City did back in the
spring when Comcast was looking to transfer their cable franchise. They had a similar
agreement if not the same agreement with Moss & Barnett with Brian Crrogan because of his
expertise in this particular area.
Ms. Skogen referred to page 107, under the notice of the City of Fridley to compare an
application for franchise, the application fee will be $25,000. If all of that is not used, some of it
may be refunded and if there are additional costs then they would be billed additional costs.
Councilmember Bolkcom stated in the last one they were doing, she thinks it said they would
pay all the fees. This well could go beyond that $25,000, is that just the City's cost?
Ms. Skogen replied, under (C) it says "Any unused portion of the application fee shall be
returned to the Applicant and any additional fees required to process the application and
franchise beyond the application fee shall be assessed to the Applicant".
Mr. Wysopal stated,just to clarify, too, that (C) does not limit the City to attorneys' fees. It is
all expenses that the City incurs or its consultants.
Councilmember Bolkcom asked but none of the staff fees.
Mr. Wysopal replied, no.
Councilmember Bolkcom asked do they anticipate using other consultants.
Mr. Wysopal said he does not know.
MOTION by Councilmember Bolkcom to approve the Engagement Agreement between the
City of Fridley and Moss & Barnette for Legal Services Pertaining to CenturyLink Cable
Franchise Request. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER VARICHAK AND COUNCILMEMBER BOLKCOM VOTING
AYE AND COUNCILMEMBER SAEFKE ABSTAINING, MAYOR LUND DECLARED
THE MOTION CARRIED UNANIMOUSLY ON A 4-0 VOTE.
6. Approve Consent to Assignment of Consulting Services Agreement between Flat
Rock Geographics, LLC, and Tri-City GIS Organization to RE/SPEC, Inc., and
Assumption of Consulting Services Agreement between Flat Rock Geographics,
LLC, and Tri-City GIS Organization by RE/SPEC, Inc.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26. 2015 PAGE 25
Councilmember Bolkcom asked, this agreement is from December of 2014 and is only good
until the end of this year, and the only reason the City is doing this is because they changed their
name?
James Kosluchar, Public Works Director, stated the assignment agreement before them is
effective October 1 and lasts until the end of this year. Flat Rock Geographics was purchased by
another company. The City has to have a pass-through contract relationship with them.
MOTION by Councilmember Bolkcom to approve the Consent to Assignment of Consulting
Services Agreement between Flat Rock Geographics, LLC, and Tri-City GIS Organization to
RE/SPEC, Inc., and Assumption of Consulting Services Agreement between Flat Rock
Geographics, LLC, and Tri-City GIS Organization by RE/SPEC, Inc. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Approve Change Order No. 1 (Final) for Springbrook Nature Center Boardwalk
Replacement Project No.433.
Councilmember Bolkcom said this change order is for City-expedited freight cost. She
understands why they increased the length of it, but they did it so they would have it for
Pumpkin Night, and how much more money was that?
Mr. Kosluchar replied $1,687.
Councilmember Bolkcom asked whether that was a nornial routine to be looking at something
from the air.
Mr. Kosluchar stated City staff did that measurement, did that from an aerial, but they also
recognized at the time that the approach ramps were going to be constructed by City staff. So
there were two elements. They were going to intentionally leave the new boardwalk short. They
had some discussions regarding the cost for the ramp pieces, and they could match the same
price per square feet as they could for the dock piece. The ramps are very nice. They ended up
with 28 feet on each end that they were intending on constructing ramps for, and the contractor
provided the City a good price to make the connection fully.
Councilmember Bolkcom stated she just wondered if it is normal doing things by aerial.
Mr. Kosluchar replied, in this case, yes. Because plus or minus a foot or two is not going to
matter. The contractor did a really nice job. They did it on time, and they did it quickly.
Councilmember Bolkcom asked and what would have happened if he had not used the extra
freight to get it here. What would have happened to Pumpkin Night?
Mr. Kosluchar replied, he did not get the report on Pumpkin Night if folks were using it; but he
25 �
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26,2015 PAGE 26
knew they wanted to get it opened, that was a commitment they made to the Recreation
Department.
MOTION by Councilmember Bolkcom to Approve Change Order No. 1 (Final) for Springbrook
Nature Center Boardwalk Replacement Project No. 433. Seconded by Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. Claims (170135 - 170301).
Councilmember Bolkcom stated she thought the liquor store was all done. She referred to page
68, Furniture & Fixtures, Storefront Liquor, $33,575. She asked whether they were still doing
things at the new Cub site.
Darin Nelson, Finance Director, replied that is actually for a new sign at the Moore Lake
location. The City is starting some renovations there on a limited basis. They will see a new
sign there hopefully before Christmas. That will also include a dynamic sign on it, too.
Councilmember Bolkcom referred to page 73, Pumpkin Night Performer, $700. That is
actually paid back to the Foundation or does the City pay for it?
Mayor Lund stated he did not think so. The Foundation does not take the income from all the
visitors.
Councilmember Bolkcom stated they just take the income from their food. She said they had
one performer for $700?
Mayor Lund replied, actually they had two so he is unsure.
Councilmember Bolkcom referenced the description, "Embrace the Light."
Mayor Lund stated that was just one vendor. There were alternating shows, Embrace the Light
and then there was Elvis.
Councilmember Bolkcom referred to page 85. The sixth line from the top, ParkslDues &
Subscriptions, the City pays $1,000 to the Department of Natural Resources. She asked if staff
had any idea what that is for?
Mr. Kosluchar replied that is for permitting of the Nature Center boardwalk.
Councilmember Bolkcom stated so you just cannot see the rest of the printout of the line. That
is a permitting process to do the boardwalk where the City has to pay a fee to the Department of
Natural Resources because they have to come out and inspect it or review the plan?
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26,2015 PAGE 27
Mr. Kosluchar replied, that is under the Public Waters Permit. It is a requirement. Basically
because the City reoriented it and especially since there is the observation area.
MOTION by Councilmember Bolkcom to Approve Claims (170135 - 170301). Seconded by
Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
15. Resolution Adopting Assessment for 2015 Nuisance Abatement.
Darin Nelson, Finance Director, this is related to the nuisance abatement they discussed earlier
tonight. It is far 29 properties in the atnount of$17,127.67.
Councilmember Bolkcom stated what is the process after Council approves the assessment list?
Mr. Nelson stated at this point in time if Council approves this, a 25 percent assessment fee goes
on top of the amount due. It can be paid to the City before they certify it to the County towards
the end of the year.
Councilmember Bolkcom asked what Mr. Harstad's process would be. What happens next for
him, if Council approves the whole assessment roll tonight?
Mr. Nelson stated he was going to defer to Attorney Erickson. He assumed that would be up to
the courts.
Attorney Erickson replied, that is correct. As a prerequisite to appealing to the courts, Mr.
Harstad would have to file a notice with the City which he did here tonight. Then within 30 days
of the adoption he would need to file with the District Court his appeal of the assessment and
then within 10 days of that he has to provide notice to the City that he has filed with the District
Court. Then it would proceed as a District Court case. She did not believe it is required, but a
lot of cities will place an answer in response to the appeal. And then it plays out and there could
be a trial.
Councilmember Saefke asked if that would be a small claims court matter.
Attorney Erickson replied, it will typically be filed in regular district court rather than
conciliation court.
Mayor Lund stated it was a little confusing with what happened in 2014 and 2015, but the
overriding prevailing testimony seemed to be clear to him that there is a history there. It is not
like the first or second time this has not been mowed. It goes back to 2004. Yes, it may have
changed hands with his brother. Regardless, it seems they have been remiss in mowing it every
two weeks or whatever is needed.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26,2015 PAGE 28
Mayor Lund stated even saying that, Mr. Nelson said that if Council approves this tonight an
automatic 25 percent is added to that. For him, and maybe he can defer to the City Attorney, the
thought that crossed his mind is he is okay with approving the rest, but he does not know if it is
permissible for the City to give Mr. Harstad until the next meeting to settle up this matter. Or if
they cannot come to some mutual understanding, that Council votes on the assessment for that
one in a couple of weeks. He did not know whether that meets the County's timeline.
Attorney Erickson replied they do need to meet the certification deadline.
Mr. Nelson stated the one thing he noticed is that the City needs to provide 30 days'interest free.
Usually the City approves these assessments the end of October and gets ready to send the
assessments by December 1. There is that 30 or 40 day window where the City does not really
charge interest from now until now until they have to have them certified.
Mayor Lund asked, so they have to certify those by December 1?
Mr.Nelson replied, right. That is when the City has to get the certifications to the County.
Councilmember Bolkcom stated Mr. Harstad would still have 30 days to try and straighten it
out.
Mr. Nelson stated, right, without interest. He would still have the 25 percent administrative
assessment fee.
Mayor Lund stated Mr. Harstad has not produced any documentation or billing from his mower,
Ace.
Councilmember Bolkcom stated she can see both sides. That is why she asked the question, if
she called in and got an extension on most everything else it is "business days." It is never a
weekend. Granted that is the City's process but if she called on Friday she would think she
would have until Tuesday to get it mowed.
Mayor Lund stated there was already a letter sent,but it was going to his brother, Paul, who was
of record and then it went to Martin Harstad.
Mr.Wysopal asked Mr. Nelson,has the City already paid its contractor for mowing?
Mr.Nelson replied, yes, the City would have paid the contractor already. They are paid monthly
during the summer.
Mr. Wysopal asked, so there would be no way to adjust their cost to the City?
Mr. Nelson replied, not necessarily their cost. The only leeway the City would have, since Mr.
Harstad was here tonight to talk about his assessment, there may be a way to waive his 25
percent assessment to get the rest of his story or figure out the staff time and just certify that
amount to the $421 to the County. If it does not get settled before then.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2015 PAGE 29
Mr. Wysopal stated the City paid the contractor already and it cannot get an adjustment on the
bill to the contractor? The City cannot get the contractor to discount it.
Mr. Nelson replied, he does not know. That contract is through the Community Development.
Community Development probably has staff time embedded into that number as well.
Councilmember Varichak stated also this went to August 4. He might have a couple of
mowing bills that could be negotiated for next year.
Mr. Nelson replied, he is not exactly sure but usually it goes through the end of August. There
may be another mowing that they would have caught because usually they try to get as late as
they can to try and pick up as many of those as possible before the end of the year.
Mr. Wysopal asked Attorney Erickson, if they should they move forward and have this
assessment made and if it turns out either through the courts or through some other evidentiary
process and discussions with Mr. Harstad, that the City was wrong, does the City have the
opportunity to reimburse him for the assessment?
Attorney Erickson replied, Mr. Harstad probably will not pay if he is contesting it. First he will
have to file and perfect his appeal.
Mr. Wysopal stated, right but that would not be until next spring when he would make his first
assessment payment.
Attorney Erickson stated, correct; but he may not make any payment pending if he is going to
perfect an appeal. The City still has options if he perfects an appeal and moves forward. It is
probably cleaner to deal with it in that context rather than shifting this year or continuing it and
moving it. That would be her recommendation.
Councilmember Bolkcom asked,what is "perfect an appeal."
Attorney Erickson replied, that means Mr. Harstad has to go file with the district court and he
has to serve the City with notice that he has filed with the district court before it becomes
something the court can hear. There would still be time to try and sort out those evidentiary
issues, etc.
Mr. Wysopal stated had staff known there was a disagreement with regard to this assessment,
they would have certainly had a lot more work and due diligence done to provide the City's case.
Staff will personally contact Mr. Harstad, sit down,bring our paperwork together, and then bring
back the findings of those meetings to Council in order to try and avoid his inconvenience of
perfecting this and spending more legal fees on his side. If staff is wrong, they would be the first
to come back and say, put it on disbursements or whatever to make it whole.
Councilmember Bolkcom asked if they should approve the whole assessment roll.
Mr. Wysopal replied correct. �
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26,2015 PAGE 30 �
Councilmember Bolkcom stated it seems to her if they start saying, take this person out because I
of this,they may be setting precedence.
Mayor Lund asked that somebody reach out to Mr. Harstad and see if he is willing to come in.
Councilmember Barnette stated it would be interesting to know if the fellow he hired to go out
there and saw it had already been mowed, ultimately mowed it anyway and billed Mr. Harstad.
Mayor Lund stated, well, apparently he did.
Councilmember Barnette said but if it had already been mowed,why would he mow it.
MOTION by Councilmember Saeflce adopting Resolution No. 2015-54. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED TI3E
MOTION CARRIED UNANIMOUSLY.
16. Modon Directing the City Clerk to Publish the Notice of Intent to Consider an
Application for a Franchise and Notice of Public Hearing for December 28,2015.
Deb Skogen, City Clerk, stated this is a request to consider an additional cable communications
franchise. On October 19, 2015, the City received a letter from CenturyLink. Minnesota State
Statute § 238.081 describes the process to be used when considering a cable franchise. Staff inet
with CenturyLink and provided a draft outline of the process that the City uses. Because of the
specialized and complex area of law, staff contacted Brian Grogan at Moss & Barnett who had
represented the City in other franchise matters. Mr. Grogan agreed to represent the City. He met
with staff to review the process, help set deadlines, and prepare the necessary documents for City
Council consideration.
Ms. Skogen stated there is a memo from Mr. Grogan outlining the process, a procedural timeline
of the time that would be used during the intent to franchise and through negotiations; a request
for proposals that the applicant would return to the City; and a public hearing notice.
Ms. Skogen stated if authorized the following are key dates: November 6, the notice of intent
and public hearing notice dates would be published in the Fridlev Sun Focus. On December 2
would be the deadline for the franchise application to be submitted. December 3 through
December 21 is the time period for the attorney to review the application and prepare a report
regarding the applicant's qualification. On December 28, a public hearing would be held
regarding the franchise applicant's qualifications.
Ms. Skogen stated it is important to note that at this time, the City Council is only considering
the implementation of the State's statutory franchising process. The City Council will hold a
public hearing in December to determine the qualifications of the applicant. If the applicant is
qualified, the City would begin franchise negotiations with the applicant at that time. Staff
recommends a motion directing the City Clerk to publish the notice of intent to consider an
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26. 2015 PAGE 31
application for a cable franchise and notice of public hearing for December 28, 2015, in the
Fridle�Sun Focus, its legal newspaper, as required by state law. Kirsten Sersland is here tonight
from CenturyLink if they have any questions for her.
Councilmember Bolkcom asked whether there are any minutes that are kept from the staff
meeting with the attorney to review the process. Is there anything to keep track of who was at
that meeting.
Ms. Skogen replied, she usually writes down who was at the meeting and when. She can
provide that information to Councilmember Bolkcom if she would like it.
Kirsten Sersland, Local Government Affairs Director for CenturyLink of Minnesota, stated she
had met with Mr. Wysopal, Ms. Skogen, and Mr. Strand earlier this month. She wanted to
compliment the City staff on what a wonderful job they did being prepared for their meeting.
She has not seen the likes of that kind of organization and deliberation in their franchising to
date. It has been 30 years since there has been any kind of competition in the marketplace with
regards to wire line cable. They are very pleased and privileged to be potentially under
consideration to submit their application to enter into franchising with the City of Fridley.
Mayor Lund stated it will be interesting to see how this works out and how many people have
an interest and will be at that public hearing. He pointed out that the proposal will not be
finalized from CenturyLink's end,until after the public hearing.
Ms. Sersland stated, yes, they estimate in their timeline, it will be late first quarter or into the
second quarter of 2016 before everything is finalized, if it goes smoothly.
Councilmember Bolkcom asked if they are pretty confident that they will actually have a first
reading in January if this were to go through.
Ms. Skogen replied Brian Grogan he said it could be a long process. Staff put that there
preliminarily just in case they are moving very well. Attorney Grogan is in the process right now
of working with several cities so he has everything down, but a lot will depend on the first
agreement that is provided to the City.
Councilmember Bolkcom stated thinking back to past agreements, it takes much longer than
this.
Ms. Skogen stated they can reassess the timeline after the public hearing.
Mr. Wysopal stated just to reiterate, the first phase is to accept the applications from interested
parties and then to review that application based on that applicant's ability to deliver a franchise.
The next phase is to react to a proposal and negotiate an agreement. They cannot guarantee what
that process will be,but staff is certainly willing to work at it and give it their best.
MOTION by Councilmember Saefke to direct the City Clerk to publish the Notice of Intent to
Consider an Application for a Franchise and Notice of Public Hearing for December 28, 2015.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2015 PAGE 32
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
17. Approve Allocation for the Metropolitan Council Water Efficiency Grant Program.
James Kosluchar, Public Works Director, stated the basis of this grant is formulated from the
Council's recent regional source water plan. It just got approved last month. One of the things
they are looking at is groundwater sustainability over the long-term. They are looking the next
100 years and beyond. There are some issues with sustainability over that long horizon, and they
have secured some funding through the Legacy Amendment for community water suppliers in
their conservation effort.
Mr. Kosluchar stated under this grant program Met Council will provide a grant to establish a
rebate program to select cities and encourage use of water-saving fixtures and appliances. The
City of Fridley hits on all of the targeted priority qualifications for this. It is kind of like they
used Fridley as its model to score. The grants would be awarded on a competitive basis based on
those points, generally on the timeliness of the application. They opened the application periods
the second week in October. The applications are open until the end of November.
Mr. Kosluchar stated under the program, the Met Council will provide 75 percent of the
program cost, and the municipality must match the remaining 25 percent.
Mr. Kosluchar stated eligible items will be water-saving fixtures such as toilets, washing
machines, irrigation systems components (such as rain sensors), and irrigation system audits.
That is the one service item that is eligible that staff knows of. Staff is recommending if the City
applies that we rebate just above the cost difference between the qualifying water-saving
components and standard components with a maximum 50 percent of cost. A water audit or
irrigation system audit would be a 50/50 match.
Mr. Kosluchar stated staff would project a range from $200 to $250 per item for eligible rebates
on qualifying expenditures. New purchases or components for new development are not eligible.
Therefore, if somebody is adding a bathroom and they want to put in a low-flow toilet, they
would not be eligible under this program. It is for retrofit only.
Mr. Kosluchar stated they anticipate between 150 to 250 rebates over the next two years. If this
is approved and the City applies for and is successful in securing funds, they would make
outreach by some of the standard methods--the City newsletter, the website, and also through the
HRA loan program. The Rental Inspections Division and Building Inspections would likely
have contacts and some promotional material, and Fridley retail stores such as Menards and
Home Depot, may advertise at their location.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26.2015 PAGE 33
Mr. Kosluchar stated staff is proposing a $10,000 total match for this program that would be
budgeted basically $5,000 a year (2016 and 2017), and that would make a total of $40,000 in
rebates available to our community. The cost of this program, the $10,000 match, for the
average residential water user would be about $0.93.
Mr. Kosluchar stated they would put this in the operating budget for the Water Division for the
Metropolitan Council Water Efficiency Grant Program. If it is approved, staff would make
application for funding and if successful, staff would come back with a much more detailed
presentation at that time and use the opportunity to promote the program.
Councilmember Saefke stated it is just for retrofit because he believed for new plumbing in the
Building Codes, the plumbing fixtures, etc. already have to be water saving. You have to have a
low-flow toilet, showerheads, etc.
Councilmember Bolkcom asked what it would cost the City staff timewise. She goes out and
buys a water-saving toilet, she makes a copy of what she bought, and then she sends it to the
City.
Mr. Kosluchar replied,they actually have staff involved in this already. His guess is they get an
application and if everything is there, it would take five minutes to process through Finance and
would take some time to issue payrnent.
Councilmember Bolkcom asked but do you have to make the application before you do the
work?
Mr. Kosluchar replied it is eligible for activities that started September 30. If you do have
anybody out there that is retrofit and went with a low-use type of fixture, save your receipts
because they may be eligible.
Councilmember Bolkcom asked what a water audit for irrigation was. She asked how much
that would cost.
Mr. Kosluchar replied, they were interested in that. They had a list of four contractors that staff
was contacting today to hy and get that information. They did not get that information. His
sense is that it might be $100 per property and maybe a little bit more. His guess is they would
be looking at turning on the irrigation system, looking at how the heads work (do they provide
ample coverage, do they over cover, do they spray out at the street, etc.), if there was a rain
sensor, where it would be installed and how it would be hooked up.
Councilmember Bolkcom stated the City of Fridley at 90 gallons per capita. It states that
preference will be given to municipalities were total per capita water use is greater than 90
gallons per capita per day. Do we use more than other cities?
Mr. Kosluchar replied, our residential is doing very well on managing their water. The City
does have a lot of industrial commercial properties, however, so we do reach that kind of higher
threshold on usage overall as a community.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26,2015 PAGE 34
Councilmember Bolkcom stated and Mr. Kosluchar mentioned $5,000 so it would be $5,000 by
the end of this year. Part of that would roll into next year's project. First of all we have to plan
for it. Do we automatically plan we are going to get it.
Mr. Kosluchar replied, he did not know. It is brand new. He would say the likelihood of the
City's success maybe depends on how much the City asks for. The program has $500,000
allocated to it over two years. His sense is that you may have 20 grantees something like that so
$30,000 for a community our size might be about right.
Councilmember Bolkcom asked so if she buys a toilet for$100, she gets $50 of it back.
Mr. Kosluchar replied, they have not set that exact price yet but will look at the price between
the standard, i.e., a low-flow toilet is $180; and what they likely would look at rebating is about
$85 or $90. They would make the low-flow toilet cheaper for somebody to purchase up to that
limit of 50 percent.
Councilmember Bolkcom asked on page 115 under 'Funding Process and Reporting
Requirements", what is that last sentence where it says MCES, does it mean that some day they
can decide they do not have any more money?
Mr. Kosluchar replied, he thinks what they are saying is if you are not making profits, for
example, you have two-quarters left of the two-year cycle that they can reallocate onto
somebody that used up their allotment.
Councilmember Bolkcom asked regarding the $0.93 is that per quarter or per year?
Mr. Kosluchar replied, that is $0.93 for the entire program, the $10,000 match works out to
about $0.93 per average resident.
Councilmember Bolkcom asked what "average resident" meant.
Mr. Kosluchar replied, that means the average water user.
Councilmember Bolkcom stated so if you use more water it might cost you $1.50?
Mr. Kosluchar replied, yes, exactly; and if you fulfill the requirements of this program you
might see extra savings of that$0.93 back.
Councilmember Bolkcom asked,would that not be a line item on the water bill?
Mr. Kosluchar replied, no, it would not. He was just using that as kind of an idea, a vision of
what this match cost the average resident and to kind of illustrate a point that it is in his mind not
a very costly program and allows any of these residents basically that have older homes to take
advantage of that.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2015 PAGE 35
MOTION by Councilmember Saeflce to approve the Allocation for the Metropolitan Council
Water Efficiency Grant Program. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED TI3E
MOTION CARRIED UNANIMOUSLY.
18. Informal Status Reports
Mr. Wysopal stated he would like to discuss the lower interest and higher amounts for the
Fridley HRA Home Loan Program. This is something the HRA just approved. The interest rate
was lowered and is now at 4.5 percent. They have eliminated the income limits. They raised the
maximum amount to $50,000 which is 115 percent loan to value ratio, and the City's goal is to
fix up homes immediately after people buy them.
Mayor Lund stated a Fridley resident had asked for some further detail on a CIP program that
they talked about at a meeting. It is posted at the library and available at City Hall. It is a fairly
lengthy document. Also as a suggestion, there should maybe be an article in the next City
newsletter giving an overview of this program. He asked if the document was on the City's
website. �
Mr. Nelson replied, it is on the City's website and is probably the easiest way to access it.
Councilmember Bolkcom noted in the minutes from the last Council meeting it states that
Banfill-Locke is opened just Tuesdays and Saturdays. Actually, it is open Tuesday through
Saturday from 10-4.
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 9:46
P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
35
PLANNING COMMISSION MEETING
October 21,2015
Chairperson Kondrick called the Planning Commission Meeting to order at 7:01 p.m.
MEMBERS PRESENT: David Kondrick, Leroy Oquist,David Ostwald, and Mike Heintz
MEMBERS ABSENT: Todd Olin, Brad Sielaff, and Dean Saba
OTHERS PRESENT: Julie Jones, Planning Manager
Katie Smet,Planning Intern
Richard Harris, 6200 Riverview Terrace
Approval of Minutes: September 16, 2015
MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by
Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING:
Consideration of a Public Hearing for a Text Amendment,TA #15-04, by the City of
Fridley, to modify Chapter 205, Zoning Code. The purpose of this amendment is to
clarify the variance and appeal procedures, modifying the public right-of-way and
easement vacation process, to provide a process by which property owners may be
able to expand legally non-conforming structures, to reference the City's Active
Transportation Plan, and to update definitions and existing language.
MOTION by Commissioner Heintz to open the public hearing. Seconded by Commissioner
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 7:02 P.M.
Katie Smet, Planning Intern, stated for the past few years staff has been working on proposed
language for Chapter 205, Zoning Code. There aze three main purposes for this amendment.
One is to update definitions and existing language. Second, to provide a process by which
property owners may be able to expand legally non-conforming structures. Third, is to separate
the variance and appeals procedures.
Ms. Smet stated Section 1 of the Text Amendment establishes recommendations by staff that
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incorporates new terms and definitions and modify existing definitions in order to create
consistency throughout the Code, State Statute, and Building Code.
Ms. Smet stated these new definitions include assembly facility, expansion, garage sale,
manufactured home, parking stall (angled), public right-of-way, trucking terminal, vehicle, and
zero lot width.
Ms. Smet stated in addition, staff recommends new language to the following terms: For
dwelling, staff recommends modifications to the definition in order to match International
Building Code definition. For garage heavy duty repair, staff recommends removing collision
services to the definition. For 35 and 38, staff recommends changes that will clarify and clearly
distinguish the two terms of each other for future interpretations of the Code. A majority of
these definitions have been modified to match other sections and chapters of Code, as well as
State Statute and Building Code descriptions. For example, 16, Manufactured Home Park,this is
currently listed as Mobile Home Park; but State Statute 327.31 changes this to Manufactured
Home Park.
Ms. Smet stated definitions have also been modified to add clarity to the terms' meanings by
removing and adding new language to the definitions for clarity reasons. Likewise, such as in
Vision Safety, Diagrams have been added for clazity purposes and to exemplify the definitions.
Ms. Smet stated next in Section 2 staff recommends changes to the following subsections of
Section 4 in the Code. Currently property owners must apply for a variance in order to expand a
non-conforming structure. However, changes to state law have made it difficult for property
owners to expand non-conformities through a variance process. Staff has researched what other
cities are doing to help property owners with non-conformities. They have found that some
cities are offering permits for expansion to non-conformities.
Ms. Smet stated for this reason, under the Non-Conforming Uses and Structures section, staff
recommends an administrative non-conforming expansion permit that is authorized under State
Statute Section 462.357, Subd. 1(e)(b). The purpose of this amendment is to create an
application process for property owners to apply to expand their non-conforming structure. The
permit is set up to give special attention to the design and intent of the expansion and does not
allow the owner to expand existing non-conformities, meaning that they can only expand the
portion that meets setback, lot width and zoning requirements.
Ms. Smet presented a photo showing a structure that does not meet rear yard setback
requirements. Currently under Code they would not be able, for example, to expand on the west
side of the property if they wanted to add an attached garage. The expansion permit would allow
you to do so and would allow other property owners to expand their non-conformities within a
reasonable measure.
Ms. Smet stated, secondly, staff recommends modifying language to the building site section in
order to be consistent with language in Chapter 208 which would clarify a land alteration permit
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Planning Commission Meeting
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when it is required for property owners. Moreover, part 4.3 is modified to reference Fridley's
Active Transportation Plan.
Ms. Smet stated, third, under Accessory Building Structures, staff recommends changing the
term "house" to say "living area" so it is consistent with Code definitions. In addition, staff
recommends removing Part 2(b)to prevent any ambiguity.
Ms. Smet stated additionally the fence language in Required Yard and Open Space Section has
been removed since it is already established in the fencing code, Chapter 218. Likewise the fuel
tank section has been removed as it is already in the Industrial and Commercial District codes.
Ms. Smet stated, lastly, in Section 2, staff recommends renaming subsection 8, Multi-Story
Parking Structures, to say "Parking Standards" and, subsequently, the sections have been
restructured to clearly lay out the standards for parking stalls, angled parking, and multi-story
parking structures. These dimensions listed in the Code come from the State Aid Road Rules
Manual.
Ms. Smet stated for Section 3 staff recommends the following changes to the subsections of
Section 5. First, according to State Statute Section 15.99 it requires cities that receive an
incomplete land use related application to notify the applicant within 15 business days. Staff
recommends that the City increases the notification period from 10 days to 15 business days.
Ms. Smet stated, in addition, the section amendment to the Zoning Ordinance, staff recommends
modifications to remove the errors that are presently in this Code; such as the repeat, "be referred
to the Planning Commission which shall" that is repeated twice within the sentence. Staff
recommends removing that from the Code.
Ms. Smet stated, third, in the variance section staff recommends separating the variance section
into two separate sections so that the variance and appeals procedure will be clearly laid out in
their own sections. Upon doing so, staff recommends modifying language to match language in
Chapters 6 and 128.
Ms. Smet stated under the Vacation section, staff recommends new language to clarify the
vacation of right-of-ways and easements for property owners as well as to change petition
requirements to a majority rather than all. Also, the City Attorney also recommends that a notice
be sent out to the DNR if a vacation application includes a body of public water.
Ms. Smet stated, lastly, Section, Building Permits, staff would like to recommend a new bonding
requirement that is consistent with current practices. Currently staff recommends the approval of
Text Amendment 15-4. These changes would help clarify the City Code, update Zoning Code
definitions, it recognizes the Active Transportation Plan, and creates a new expansion permit
process for property owners. Staff has not received any comments from the public regarding
proposed changes. The City Council will conduct a public hearing on proposed text amendment
on Monday,November 9.
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Chairperson Kondrick stated it appears as though in many ways the staff is conforming with
what the State is asking all the cities to do in order to comply. There are a few things that do not.
However, it seems that is the direction staff is headed with this pattern. There is a whole lot of
information.
Commissioner Ostwald asked, overall is this going to be more restrictive, less restrictive, more
clarity? What is the City's role in defining all this?
Julie Jones, Planning Manager, replied if anything, it is more restrictive. However, the part that
is less restrictive is this new allowance for an expansion permit, which will be an administrative
permit. Now, if someone now wants to expand a non-conforming property, they would come for
a variance,have that approved, and it goes through this Commission. How this expansion permit
process would work is it would simply be administered by staff. Therefore, it is less expensive
for people, takes less time, etc. Instead of the two months to get a variance approved it could be
something that could be approved within a couple of weeks.
Richard Harris, 6200 Riverview Terrace, stated since the adoption of the new IBC Code, the
original codes that the City was operating under was under the Uniform Code; and there is a fair
amount of difference between the codes. It is about time the City brings them up to speed. It
will make it a lot easier for staff and the general public.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS CLOSED AT 7:14 P.M.
Chairperson Kondrick stated obviously somebody spent a lot of time on this. He read it a few
times and tried to absorb everything. People watching would probably have a hard time
digesting all of it and would have to get a hold of staff if they wanted more information.
However, he did read it and decided staff knows what they are doing. He could not find any
problems with it.
Commissioner Heintz stated he did not have any problem with it.
Ms. Jones stated as complicated as this text amendment is and all the changes that are within it,
it is actually just the beginning of what the City needs to do to update its Zoning Code.
Changing some sections in here affect other sections of the Zoning Code, but staff knew it would
be absolutely overwhelming for the Commission and the public if they did the entire thing all at
the same time. Plus they have not had the staff time. It took them a couple of years to get this
one together. However, they are getting some proposals right now and trying to figure out a way
to possibly finance it and keep moving forward updating other sections of the Zoning Code.
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Simple changes such as the changing the definition from Mobile Home to Manufactured Home
needs to be changed in the R-4 section, and staff does not have that before the Commission
tonight. The fence changes were already made in a previous text amendment here a few weeks
ago triggered the need to change the fence language in this section of the Zoning Code. There
are a lot of things that kind of snowball here. That is going to be one of Ms. Smet's tasks here is
to keep moving ahead on the next sections while they still have her on staff.
MOTION by Commissioner Oquist approving a Public Hearing for a Text Amendment, TA
#15-04, by the City of Fridley, to modify Chapter 205, Zoning Code. The purpose of this
amendment is to clarify the variance and appeal procedures, modifying the public right-of-way
and easement vacation process, to provide a process by which property owners may be able to
expand legally non-conforming structures, to reference the City's Active Transportation Plan,
and to update definitions and existing language. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
2. PUBLIC HEARING
Consideration of a Public Hearing for a Text Amendment, TA#15-05, by the City of
Fridley, to consider repealing Chapter 205.27, Creek and River Preservation
District, of the Fridley Zoning Code, and adopting a new Floodplain Ordinance, as
prepared by the MNDNR, that adopts revised FEMA maps and standards for
development of flood hazard areas to minimize future flood losses in areas subject to
periodic inundation.
MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner
Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 7:18 P.M.
Ms. Jones stated this is actually being initiated by the DNR who has informed the City that
FEMA has completed their new digitized maps. This text amendment is repealing the City's
existing Overlay District 1, which is the City's Creek and River Preservation Overlay District,
and amending new language. Staff is suggesting to rename it the "Floodplain Overlay District".
Now the City has an overlay district for the MNRRA area, we have one for wetlands, and one for
shoreland. We have a lot of overlay districts affecting properties along waterways, so staff
thought it would be important to distinguish in the name of this district that it is related to
floodplain issues.
Ms. Jones stated the reason for the repeal and replacement is that FEMA has adopted new flood
insurance maps, and those maps become effective December 16, 2015. T'hey have not given the
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City much time to do this. Staff just found out about this in late July and just got the new maps a
month or two ago.
Ms. Jones stated in order for Fridley residents to be able to obtain flood insurance, the City of
Fridley has to adopt these new maps by that date when they become effective. Fortunately the
DNR has provided the City a template to follow because this is a very complex ordinance. She
likes the new template format better than the existing Code as staff struggles interpreting the
existing Code because it uses different terminology than what is on the FEMA maps.
Unfortunately so does this draft, but it is better.
Ms. Jones stated the purpose of the floodplain is to regulate the development in flood potential
areas and to prevent the loss of life and property, to preserve the natural characteristics and
function of the floodplain, and to protect water quality as well as wildlife habitat. Also, most
importantly, to maintain Fridley's eligibility in the National Flood Insurance Program.
Ms. Jones stated the key components of this new Code are primarily adopting those new maps
by reference number as well as there are new definitions. The City's current Code does not do a
real good job of defining some terms, and this one does a good job of clearly defining things.
Also, it classifies the City's floodplain areas into three different classifications. It does a really
nice job of breaking those out clearly and succinctly in the Code. You can look at the floodway
section and see exactly what the requirements are for that section.
Ms. Jones stated when they talk about these three districts, the Floodway, the Flood Fringe, and
the General Floodplain, it is helpful to look at the maps to understand what those are. Ms. Jones
distributed a revised Zoning Map to replace the one that was in the meeting packet, explaining
that this is a map staff creates to help them when someone wants to add onto their house or build
a new garage; staff can look at their property on the Zoning Map and see if they are possibly in
the Floodplain. T'he map is not part of this text amendment.
Ms. Jones showed a picture taken from the FEMA website as to the description of the district
terms that are used in the Code. One being the Floodplain, that is the land adjoining lakes and
rivers that is covered by the 100-year flood. FEMA is getting away from the 100-year flood
terminology. Floods of this magnitude occurred in 1965, 1969, 1997, and 2001.
Ms. Jones stated that the Floodway is the land immediately adjoining the river channel that is
the natural conduit for floodwaters. Structures or fill are not allowed in the Floodway as they
would obstruct flood waters. Only open space like parks, parking areas, and residential yards are
allowed in floodways.
Ms. Jones then explained the Flood Fringe, which is the remaining area of the Floodplain lying
outside of the Floodway that is generally covered by shallow slow-moving floodwater. People
can build in these areas according to FEMA standards using professional services and
floodproofing construction methods.
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Ms. Jones presented a close-up picture of the Riverview Heights area as an example because the
City has many residential properties in the Flood Fringe in this area. There are some changes
from the old information in the new digitized maps the Commission is adopting with this
ordinance. One of the areas that is most visible is here in the Riverview Heights area because in
the old lines on the old map you could see that it was a little off because of where Springbrook
Creek comes in as it was not quite lined up with Springbrook Creek. The new district borders
are aligned with the land features.
Ms. Jones stated the new mapping is much better and it is digitized so that before staff was just
guessing looking at the FEMA maps and visually transposing the lines onto the Zoning Maps.
Now they have that information digitally so that it is taken from using the sonaz to basically
bounce the signals off the land and determine what the elevation of the land is which is how they
determined these lines. They do not have the precise data like they do in this neighborhood for
the whole City, however. The new map distributed to the Commission shows some areas, like
around Locke Lake, where it is designated as Floodplain. They do not have detailed data as to
what is Flood Fringe and what is Floodway. So, the data is not perfected yet, but it is better than
what the City had from the 1981 FEMA maps.
Ms. Jones pointed out areas of Riverview Heights where district boundaries shifted south of
where the lines were before. 'There is also much more detail in the map of areas that are higher
elevation which are kind of islands within the Flood Fringe that were not notes on the old maps.
What happens when people come in and even part of their land is bordered by that Flood Fringe
line is staff has to tell them to get a certified survey done with topography on, which will show
staff precisely where the lines are because the previous maps were just an estimate. These are,
too, but are a much more precise estimate than what the City had before.
Ms. Jones stated as far as the permitted uses in each district: the Floodway district is the area
where pretty much all that is allowed to be there is residential yards, parking lots, parks, and
open spaces. No structures or fill are allowed unless approved by the DNR and are designed for
floodwater to flow through them. They will see some requirements in Code about early warning
systems. Say you have some building in a park where people could be gathering. In the case of
a flood there has to be a warning system in place to warn people there are floodwaters coming.
She does not how that all works, but that language is in the Code.
Ms. Jones stated in the Flood Fringe area, that is where uses and structures are allowed that are
allowed in the underlying district. Keep in mind that is an overlay district so still the underlying
zoning district requirements are in play. However, structures are allowed if they are elevated and
designed to meet these standards. If not meeting FEMA standards or fill over 1,000 cubic feet,
then a special use permit is required. In our current Code a special use permit is required for
anything you are going to build in the Flood Fringe. This is a case where the new Code will be
less restrictive. That is, if the DNR approves it that way. The City is tweaking the language a
little bit from their template so they will see if they approve it. They were just given that
language today so they have some time to review that yet.
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Ms. Jones stated special use permits are going to be rare in this scenario because they are
basically putting the language in the code requiring people to build to FEMA standards and
apply for a special use permit. Now, they just still have to get all of the Certificate of Survey
work done, hire an engineer, get everything designed to FEMA standards; but they do not have
to get special use permits. It would be simply getting a building permit and meeting all those
other requirements.
Ms. Jones stated staff recommends approval of Text Amendment 15-OS which repeals Chapter
205.27, Creek and River Preservation District, as it is written and adopts this new Floodplain
ordinance in compliance with FEMA requirements and adopt the new FEMA flood insurance
maps. Adoption of the new maps would be required by December 16, 2015, and is required for
property owners to continue to qualify for flood insurance, which, of course, is very important.
It is going to be difficult for the City to meet this deadline with the City Council is holding a
public hearing on November 9. They are going to need to do the First Reading as well that night
for the City to meet that deadline, because they have to be to publication by December 16. The
City Council does not normally do that, but she is hoping they will be willing to do that for this
process so the City can meet that deadline.
Commissioner Heintz asked whether digitized maps will be available on-line after December
16?
Ms. Jones replied, yes, the DNR told her today that the maps would be linked online on
December 17, once this text amendment is official. The City has the digitized information
already and is using it.
Commissioner Heintz asked whether there will be a link on the City's website, too?
Ms. Jones replied, yes, there is a system on the City's website called, Self-Serve Zoning, where
people can go to and actually click on directly to the FEMA information. Unfortunately, right
now it is broken; and staff has been debating about whether they should fix it now or wait until
the new maps are in place. FEMA may have disconnected the links while this process is
underway.
Richard Harris stated obviously his neighbor who was present and himself back up to the river.
He asked in the new ordinance are they changing any of the language as to what they are doing
tonight? Is this strictly the floodplain designation or is there language that is going to be
changed from what they now have?
Ms. Jones replied, the whole Code is completely changing; but as to the definitions, right now in
the Code they use the floodplain, the Floodway, and the Flood Fringe terms. Those are not really
changing, but those lines are changing slightly on the map. On Mr. Hams' section of the river,
she does not recall seeing much changing at all. There are some areas, as she pointed out, in that
Riverview Heights and another area around Moore Lake where there is a significant change.
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Mr. Harris stated this not only affects the river and the creek, but all public waters in Fridley.
Ms. Jones replied,not all are on there. Just Moore Lake. She did not think Harris Pond and Farr
Lake are on FEMA's maps.
Mr. Harris stated they adopted something called bluff lines.
Ms. Jones replied,yes,the shoreline ordinance.
Mr. Harris asked, is all of that,the definitions and measurements, is that going to be changed?
Ms. Jones replied, no, that ordinance is not changing at this time. They do have a University of
Minnesota student group right now working on a project looking at the City's Shoreland Overlay
Zoning District, Wetland Overlay District; these various districts that involve properties along
the water and looking at making the City's language uniform. Particularly in the requirements on
the bluff as faz as what can be done with vegetation,because we have some differing language in
those overlay districts; and they want to make sure that everything is cohesive and there is
nothing in conflict with each other. The students are studying that right now and are going to
make recommendations to the City about that in December when their class project is done.
Mr. Harris stated his biggest concern now is all of the buildings now are existing, and the
definition of existing non-confarming use concerns him as to how that is being handled.
Ms. Jones replied, they did not mention it; but there is still a whole non-conforming section in
this new language. It is still keeping everything the same in compliance with State Statutes.
Anything that is existing that is non-conforming, you are allowed to mainta.in and remodel if you
need to. You just cannot expand it. Say you have, for example, a dock. Maybe in the new Code
language you axe not allowed to put in a dock but you can maintain the existing dock that you
have.
Mr. IIarris stated he is more concerned with the structures. If a structure is over 50 percent
destroyed, can it be rebuilt, because that definitely affects the valuation of the property.
Mr. Harris stated about two or three years ago they had a meeting up at the golf club put on by
the DNR. Several people attended. Is this growing out of that discussion they had up there with
the State at that time?
Mr. Harris stated the legislature gave them a ton of money to do something, and they were very
evasive about what they were going to do. There were some pretty unhappy people, especially
from the Anoka area.
Ms. Jones stated Mr. Harris is referring a different thing. That is the new DNR rules for the
Critical Area, the MNNRA area. For that, the City is still waiting the final rules. That language
is another thing this student group is looking at - the draft rules. However, that is coming yet.
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That hearing is on a different code section.
Mr. Harris stated they should all get on the same page with all these ordinances because after
awhile you get overwhelmed with so much paperwork you do not know where you are at. How
does this ordinance that is being proposed tonight mesh with the proposed ordinances that aze
on-line? Also, as to the new IBC Code. He tries to go on-line with the State. He cannot get
through that mine field. You just cannot get any answers from those folks. That is why they are
here tonight. He is trying to find out what is going on.
Chairperson Kondrick asked, will some of these things Mr. Harris is asking about be able to be
addressed by the City Council by the 16th?
Ms. Jones replied the issues Mr. Harris is concerned about is precisely why the staff assigned
this project to the University of Minnesota problem solving class, because folks like Mr. Harris,
who live on the river, are understandably confused. They are controlled by all these different
overlay districts that have different language in them. In her opinion the City has not done a
good job of educating people as to what they are allowed to do. Part of that work the students
are looking at, not only at making recommendations and how to make the Code easier to
understand, making it uniform, so that it is consistent from one overlay district to the next; but
also coming up with suggestions as to what the City can do for public education to help inform
people in a simple, easy to understand manner, to let them know whether they can take a tree
down in the bluff, what are the requirements. They are looking at this language as part of that
study, and they are looking at the Critical Area code language and looking at the Shoreland
Overlay District language as well. We will see some recommendations to the City Council from
that student group on December 14.
Mr. Harris asked where does the national parks fit into this whole thing? They have the islands
out in front.
Ms. Jones replied, the river is a national park. The island on the north end of Fridley is owned
by the Izaak Walton League, and the island that people refer to as Durham Island she believed is
owned by the City of Brooklyn Park. Certainly the DNR, the National Parks Service, are
involved in looking at amenities in those areas and park facilities in those areas; but those areas
are governed by the Critical Area language. The area of Fridley between East River Road and
the river is what is in the Critical Area, which is Overlay District Two, where the City is awaiting
for the new rules from the DNR to see what will be required to be adopted there. The City has
been heavily involved in those meetings, and she does not anticipate any changes that are in
contrary with what is currently in City Code.
Mr. Harris stated there was even some discussion about land management and maintenance as
far as trees, brush, etc. At one time you were supposed to get a permit to take down a live tree.
He thinks it was over 6 inches in diameter. It was never clear who you were supposed to get the
permit from.
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Mr. Harris asked whether they could get a copy of the proposed new ordinance. He cannot
seem to get one on-line from the DNR.
Ms. Jones replied she can certainly get him a copy. It will be on-line in the City Council's
packet for the November 9 meeting. The Friday before it will go on-line if he can wait that long.
She anticipates the language is going to change a little bit between now and then.
Commissioner Ostwald asked overall was there a net increase or decrease in the homes affected
now?
Ms. Jones replied, they do not know at this time. In just the past few days they have been
working on this map so they have not had a lot of time to analyze that. Just visually looking at it
she does not see much significant change. If you look at Locke Lake, where Commissioner
Ostwald lives, it is probably better for him because things were not lined up according to the lake
boundary very well before.
Commissioner Ostwald stated actually before they told him the detailed map stopped at the
spillway. His yard was not in there. That is why he is concerned.
Ms. Jones stated Commissioner Ostwald's is one those where he would need to have a survey
done, because that area around Locke Lake does not have the detail of the Flood Fringe and the
Floodway distinguished. FEMA just has it all listed as Floodplain. Staff could show him a little
more detail some time on the aerial if he wanted to come in.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner
Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS CLOSED AT 7:47 P.M.
Commissioner Oquist stated, using Moore Lake as an example, they have a general Floodplain
district for Moore Lake. He asked, how wide is that? Does that mean it is from that red line into
the lake or from the red line outside the lake?
Ms. Jones replied, this is something they have struggled with because on the map it is kind of
solidly colored in the area but it is impossible to do that on top of the zoning map layer because
there are too many colors and it gets all lost. What they are thinking of doing is creating a map
on top of the aerial map of the City and then color in those areas solid.
Commissioner Oquist asked,but that is just inside the lines not outside the lines.
Ms. Jones replied, right. Moore Lake is another one of those on the map,just like Locke Lake,
where it is all just general Floodplain area. Any property touched by that line, before they can
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say yay or nay on a building permit, they are going to have to have a survey done. Which the
City's shoreland overlay district requires anyway, so it is typical for people to have to get a
survey anyway.
MOTION by Commissioner Oquist approving Consideration of a Public Hearing for a Text
Amendment, TA#15-05, by the City of Fridley,to consider repealing Chapter 205.27, Creek and
River Preservation District, of the Fridley Zoning Code, and adopting a new Floodplain
Ordinance, as prepared by the MNDNR, that adopts revised FEMA maps and standards for
development of flood hazard areas to minimize future flood losses in areas subject to periodic
inundation. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK I
DECLARED THE MOTION CARRIED UNANIMOUSLY.
MOTION by Chairperson Kondrick accepting into the record the Fridley Zoning Map dated
October 21, 2015. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
3. PUBLIC HEARING.
Consideration of a Public Hearing for a Text Amendment,TA#15-06, by the City of
Fridley to add a fee for non-conforming building expansion permits to Chapter 11,
Fees,in the event this new process is adopted into Fridley's Zoning Code.
MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 7:51 P.M.
Ms. Smet stated creating an administrative non-conforming expansion permit would require a
new fee in Chapter 11. For coming up with a fee for this expansion permit, staff has analyzed
expected time required to review this application; and they came up with a $150 expansion
permit fee. They estimated it would take about two hours to review the permit and it would be
$75 per hour.
Ms. Smet stated staff recommends approval of this text amendment establishing a $150
expansion permit application fee. Staff has not received any comments from the public
regarding proposed changes, and City Council will conduct a public hearing of the proposed
Text Amendment on Monday,November 9.
47
Planning Commission Meeting
October 21, 2015
Page 13 of 15
Chairperson Kondrick asked under what conditions, situations, would be present for a person
to have to spend that money staff is suggesting the City charge them?
Ms. Jones stated sometimes people will come in wanting to know if they can do a certain
building addition and, once staff looks at the property, they find the existing structure does not
meet the side yard setback or front yard setback or something like that. However, where they
want to add on is not increasing that non-conformity. Staff has come up with a simple
application where someone could apply for that permit to be able to do that with staff s approval.
It is a pretty simple process.
Chairperson Kondrick asked and what would happen, the City would inspect the property and
see what they are talking about?
Ms. Jones replied, usually they use the aerial photography. "That is why it does not take them
much time to do it. However, often Ms. Stromberg will go out and take a look at the site just to
make sure.
Commissioner Ostwald asked whether this fee would be on top of the building permit fee?
Ms. Jones replied, yes. However; it is better than the variance fee which is $500 or$1,000.
Commissioner Heintz asked why does the City not just bill them by the hour instead?
Ms. Jones replied, they do not do that for any of the other applications, i.e., sign permits or other
permits. There are some that take longer than others, but they do come up with a standard fee. It
is probably for the benefit of the applicant, they want to know up front before they make a
decision on whether they are going to pursue this expansion, how much it is going to cost them.
The City could but they would want to look at all of their fees in that regard if it was going to do
that. The City went through a very extensive fee analysis back in 2003 where staff took all of the
land use application fees and calculated out how much time each staff person spends on average
on an application and then multiplied that by the hourly rate and probably even included the
overhead costs to the City. That is what the CiTy's fees are based upon that they have in place.
Commissioner Oquist asked, this non-conformity expansion permit is not in lieu of a variance.
If they are going to expand they are still going to need a variance.
Ms. Jones replied, it actually is in lieu of a variance; but they may want to still da the variance to
recognize the existing non-conformity as they might be in a situation for financing that their
bank or whoever wants that recognized. They could run into a situation where they still might
want to do that. However, since she has been involved she has not run into that where someone
needs that for financing purposes.
Commissioner Oquist asks, for example, if he is going to expand on a non-conforming property
to two feet from the property line, he does not need a variance?
48
Planning Commission Meeting
October 21, 2015
Page 14 of 15
Ms. Jones replied, that is different because for this type of expansion permit everything they are
doing in the new expansion has to be completely meeting all requirements of the Zoning Code.
They cannot increase that non-conformity.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner
Heintz
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS CLOSED AT 7:57 P.M.
Chairperson Kondrick stated he had no problem with this.
MOTION by Commissioner Heintz approving a Public Hearing for a Text Amendment, TA
#15-06, by the City of Fridley to add a fee for non-conforming building expansion permits to
Chapter 11, Fees, in the event this new process is adopted into Fridley's Zoning Code. Seconded
by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
4. Receive the Minutes of the September S, 2015, Environmental Quality and Energy
Commission Meeting.
MOTION by Commissioner Oquist to receive the minutes. Seconded by Commissioner
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
5. Receive the Minutes of the September 3, 2015, Housing and Redevelopment
Authority Commission Meeting.
MOTION by Commissioner Oquist to receive the minutes. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
6. Receive the Minutes of the August 3, 2015, Parks & Recreation Commission
Meeting.
MOTION by Commissioner Heintz to receive the minutes. Seconded by Commissioner
49
Planning Commission Meeting
October 21, 2015
Page 15 of 15
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Ms. Jones stated Mr. Hickok had asked her to bring up the topic of the Columbia Arena which
was the subject of a recent article in the local newspaper. Mr. Hickok is planning to come to the
Planning Commission either next month or soon to start talking about rezoning that property to
S-2, Redevelopment District, and to talk about the master planning that would have to be part of
that rezoning for the property. He wants to have the Planning Commission have an opportunity
to be involved right at the beginning of that planning process, to have some discussions with
them as to what they envision for the site, involving the Planning Commission in that process.
ADJOURN:
MOTION by Commissioner Oquist to adjourn. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING
ADJOURNED AT 8:01 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
50
% AGENDA ITEM
�
��°°f CiTY COUNCiL MEETING OF
;
Fridley
[VOVEMBER 9, 2015
Date: November 4, 2015
To: WalterT. Wysopal, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Pianning Manager
Stacy Stromberg, Planner
Subject: Resolution Approving Final Plat, PS#15-01, ZCOF TL Fridley LLC
RE UEST
On Monday,July 27, 2015 the City Council approved Preliminary Plat, PS#15-01 to further subdivide the lot
at 250 57th Avenue. This plat request will create a separate lot on the southwest side of the property to
allow for the potential — . ,, . ;„,, e,,
development and construction of ••- - �•y , -�
.�.. _ � k, �
' , z -:.:. .
a 124 room hotel project. , . � ._ _ " � ,,,^ ,� _� _ ° _ ,
i: _ �-», � �+ - �
, ,�. � :. �� ' r 3
Since the preliminary plat was � ' � .. � � r.� �S � �� •�-,' � � !
. . < __� .a.- . „ :
I ; . �= ,- .� � ,� • �
approved, the petitioner who was . •F �»-� , . $ { �
MN Hotel Partners LLC, the �; � � "'�•-��� '�� �� ��� ��� � � ._
, ; s :
franchise for the new hotel a w� � ��. , � `
t =
develo ment has chan ed the �: �` �M ' ' � :,
p , g ; .� �_.....r.��.�._s.�. .
petitioner on the application to a � , � •�'"`
the property owner, ZCOF TL Lot 1 � "�
Fridley LLC. The reason for the F
change, as staff understands it, is ' � " ' ��„ r =�'
�-
because the hotel development ; � � . �{;�: �
+�,�;
will now bee a corporate hotel as ;�� ; � � �� � � s�t i
opposed to a franchise. : � .��; `'
,, �`�'� .._
Once the preliminary plat is � Lot 2 �-:°'��
approved, the petitioner has 60 ` , '._.-t''�• w
;�' _�----;.- . .
days to bring the final plat back � "��� � =° I
�_T__----_.___----______. ---------- ---
before the City Council. ^
The final plat is now ready for approval and signatures by the City.
PLANNING COMMISSION RECOMMENDATION
At the luly 15, 2015 Planning Commission meeting, a public hearing was held for PS#15-01. After some
discussion, the Planning Commission recommended approval of PS#15-01.
�°HE MOTION CARRIED UNANIMQUSLY.
_51
RECOMMENDATION
City staff recommends approval of final plat, PS#15-01, and the attached resolution.
STIPULATIONS
1. The property owner,ZCOF TL Fridley LLC shall establish and file at Anoka County a shared access
agreement between Lot 1 and Lot 2, Block 1, Fridley Market 2"d Addition, upon final plat approval.
2. The property owner,ZCOF TL Fridley LLC shall establish and file at Anoka County a shared parking
agreement between Lor 1 and Lot 2, Block 1, Frid/ey Market 2"d Addition, upon final plat approval.
3. Park dedication fee for Lot 2 of$1,921.88 to be paid upon issuance of a building permit for a
building for Lot 2.
4. The pedestrian walkway along the western property line that was approved with the PUD master
plan for this site shall be constructed as part of the development of Lot 2, Block 1, Frid/ey Market 2nd
Addition.
52 .
RESOLUTION NO. 2015 -
RESOLUTIQN APPROVING FINAL PLAT,P.S. #15-01 BY ZCOF TL FRIDLEY LLC,
THE PROPERTY OWNER OF 250 57�AVENUE NE,TO CREATE A SEPARTE LOT
ON THE SOUTHWEST CORNER OF THE PROPERTY
WHEREAS,the Planning Commission held a public hearing on July 15, 2015, and
recommended approval of said plat; and
WHEREAS,the City Council approved the preliminary plat for FRIDLEY MARKET SECOND
ADDITION at their July 27, 2015 meeting; and
WHEREAS,the City Council approved the final plat of FRIDLEY MARKET SECOND
ADDITION at their November 9, 2015 meeting; and
WHEREAS, a copy of the final plat FRIDLE�MARKET SECOND ADDITION has been
attached as Exhibit B;
WHEREAS,the stipulations of the final plat are represented in Exhibit A attached;
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for
FRIDLEY MARKET SECOND ADDITION and directs the petitioner to record the plat at
Anoka County within six months of this approval or such approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
9TH DAY OF NOVEMBER 2015.
SCOTT LUND -MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
53
Page Z—Resolution -2015—FRIDLEY MARKET SECOND ADDITION
EXHIBIT A
STIPULATIONS
1. The property owner, ZCOF TL Fridley LLC shall establish and file at Anoka County a
shared access agreement between Lot 1 and Lot 2,Block 1, Fridley Market 2°d Addition,
upon final plat approval.
2. The property owner, ZCpF TL Fridley LLC shall establish and file at Anoka County a
shared parking agreement between Lot 1 and Lot 2, Block l, Fridley Market 2"a
Addition,upon final plat approval.
3. Park dedication fee for Lot 2 of$1,921.88 to be paid upon issuance of a building permit
for a building for Lot 2.
4. The pedestrian walkway along the western property line that was approved with the PUD
master plan for this site shall be constructed as part of the development of Lot 2, Block 1,
Fridley Market 2°d Addition.
54
, FRIDLEY MARKET SECOND ADDITION "n°FFR'°�
COUNTY OF ANOKA
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SHEEf 3 OF 15NEEf5
� AGENDA ITEM
��ey CITY COUNClL MEETING OF
NOVEMBER 9, 2015
TO: Walter T. Wysopal, City Manag��-,� PW15-043
�
FROM: Jon Lennander, Assistant City Engineer
DATE: November 5, 2015
SUBJECT: Initiate 2016 Street Rehabilitation Project No. ST2016-01
The attached resolution directs staff to prepare a feasibility report and initiate
preliminary design and plan preparation for the proposed 2016 Street Rehabilitation
Project No. ST2016-01. The feasibility report will address the scope of the work in the
Plymouth neighborhood. The total length of the proposed project is 2.2 miles.
The Plymouth neighborhood is residential property bounded by University Avenue and
Main Street from 45�'Avenue to 49�'Avenue. This project area was originally planned
to be included with the 2015 Summit Manor neighborhood project, however,the amount
of reconstruction in 2015 required separation of the projects in these areas. Please
refer to the attached Figure A for location of project area and streets to be included in
2016 Street Rehabilitation Project.
All streets and underground utilities in the area were generally constructed in 1966. It
has been 49 years since their last major reconstru�tion. The segments were seleeted
based upon projected pavement maintenance needs, as well as the Pavement
Condition Rating which indicates pavement structural integrity and ride quality on a
scale of 5 (worst) to 35 (best).
There are numerous utilities in this area owned by others. This includes the City of
Columbia Heights, City of Minneapolis, and Metropolitan Council Environmental
Services, and other utility companies. Staff is working with these entities on
coordinated work that may be planned by others,and completed during the construction
of the 2016 project.
Regular rehabilitation of the pavement under a planned program with proper timing
allows us to minimize costs of maintenance throughout the roadway segment's life
cycle. Preparation of the feasibility report will allow staff to determine what construction
is needed and can take place within the CIP budget. The feasibility report will provide a
recommendation to the City Council on what construction that is recommended to take
place in 2016.
56
On November 24, 2015 an open house will be held for property owners adjacent to and
within the areas affected by the proposed project. Staff will deliver a presentation
� highlighting project overview, construction impacts,anticipated schedule,draft budget,
and estimated special assessments. The open house will provide the opportunity for
residents in the area to ask questions,and express concerns about the project that can
be taken into consideration as the project goes to final design. Resident concerns
raised at the meeting will be addressed in the feasibility report.
The attached resolution orders the preparation of a feasibility report and preliminary
plans for the project. The scope of the proposed report will address pavement, street
improvements, water main, sanitary sewer, and storm sewer replacement.
Staff requests that the City Council move to adopt the aitached reso/ution to initiate
the 2016 Street Rehabilitation Project No. ST2016-01.
JXUjxI
Attachments
57
RESOLUTION NO. 2015-
A RESOLUTION ORDERING PREPARATION OF A PRELIlI�IARY REPORT AND
PRELIIVIINARY PLANS AND SPECIFICATIONS FOR 2016 STREET REHABILTI'ATION
PROJECT NO.ST2016-01
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Fridley as follows:
1. That it appears in the interests of the City and of the property owners affected that there be
constructed certain improvements tawit:
Street and urility improvements, including milling, bituminous asphalt overlay, pavement reclamation,
drainage,water main,and utility repairs including the street segments as follows:
3'�STREET 46�AVENUE TO 49'�"AVENUE
2%z STREET 45�'AVENLTE TO 49";AVENUE
2� STREET 45'�'AVENUE TO 49�AVENUE
45�AVENUE MAIN STREET TO UNIVERSTTY AVENUE
46�'AVENLJE MAIN STREET TO 3'�STREET
47�AVENiJE MAIN STREET TO 3'�STREET
48�AVENLTE MAIN STREET TO 3RD STREET
That the work involved in said improvements listed above shall hereafter be designated as:
2015 STREET REHABILTTATION PROJECT NO.ST2016-01
2. 'That the Public Works Director,James P.Kosluchar,City Hall,Fridley,MN,is hereby authorized and
directed to draw the preliminary plans and specifications and to tabulate the results of his estimates of the
costs of completion and all fees and expenses incurred(or to be incurred)in a preliminary report of his
finding stating therein whether said improvements are feasible and whether they can best be made as
proposed,or in connection with some other improvements(and the estimated costs as recommended),
including also a description of the lands or area as may receive benefits there from and as may be
proposed to be assessed.
3. That said preliminary report of the Public Works Director shall be furnished to the City Council.
PASSED AND ADOPTED BY THE CITY COLTNCIL OF THE CITY OF FRIDLEY THIS 9T''DAY OF
NOVEMBER,2015.
ATTEST: SCOTT J.LUND-MAYOR
DEBRA A. SKOGEN-CITY CLERK
58
r M � t� C� r M LA C �
o r- N M er �o � oo O o � c•i 4901
� � � � � � � �� N N N
49TH AVE �
4881 4880 4881 4880 4880 I4885
4875 4875 Fridle
486� 4868 4��1 4858 4868 y
� 4857 4856 ' 4861 4856 4863 4856 4863
2016 Street
N 4845 4844 � 4851 4844 N. 4851 4844 � 4$51 Resurfacing
Z o' 4839 N�4839 � 4839
a 4833 4832 N 4832 N - 4832 M
� � 4827 4827 4827
� � 4820 � ' 4820
4815 4815 : 4815
,°.F�a. 4808 4808
4803 , 4803 4803
48TH AVE -
4769 4756 4757 4780 4781 4780 4795
4775
4765 ' 474$ 4749 4762 4769 4769
-, 4763 '�
4761 ' 4740 4741 4756 ' 4�57 4756
�' 4732 4733 4733 4751 `'
4757I 4744 4744
4715 '� _
4724 4725 4732 4725 4732 4739
4716 4717 4720 4717 4727 W
4709 ' - 4720 �
' 4705 4706 4707 4712 4709 4710 4715 a
�
4701 4700 4701 4704 4703 4700 4703 I--
47TH AVE ' �
_ �
4680 4655 4656 4655 4650 4687 W
4675 4675 �
4668 4647 4648 4647 4642 Z
' 4663 � 4663 �
� -- i 4656 � 4639 4638 � 4641 4638 �
v) 4651 ' N N � 4651
Q 4639 4644 Z 4631 4632 N 4633 4630 � 4639
4632 c� 4623 4624 N 4625 4624 r�
� 4627 � = 4627
4620 4615 4610 4617
4615 4608 4607 4609 461 Q 4615 �`"��< Project Streets
4603 141 4604 4601 4600 4603
_ - � Assessed Parcels
46TH AVE
45 � ' 140 4591 4590 4591 � 4590 4595 �
453�
���3 "�*° 4579 4578 4571 4578 4575
' 4571 ' 4544
4551i 4540 4567 4566 4561 4560 4565
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Map Date: 11/5/2015 59
� Document Path�.K:1GIS\gisdata\publicworks\projects\StreetResudacinglStreet Resurfaang 2016_22x34.mxd
� AGENDA ITEM
�
�'"°f COUNCIL MEETING OF NOVEMBER 9, 2015
Fridley
CLAIMS
CLAIMS
170302 - 170471
60
� � �� � � Claims Council 11/09/15
� City of Fridley, MN � By Vendor Name
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Payment Dates 10/26/2015- 11/6/2015
Payment Number PaymeM Date Payable Number Description(Item) Account Number Acwunt Name (None) Amount
Vendor.10041-ACE SOLID WASTE,INC
170397 il/OS/2015 1277667,1277666 REFUSE HAULING 609-6910-635100 Liq Storel-Cub/Srvu Contred... 43.50
170397 11/OS/2015 1277667,1277666 REFUSE HAULING 609-6920-635100 Liq Store 2-65/Srvc Contracted,.. 27.19
Vendor 10041-ACE SOLID WASTE,INC Total: 70.69
Vendor:10046-ADAM'S PEST CONTROL,INC
170315 10/29/2015 2323484 PEST CONTROL-SPIDERS 609-6920-635100 Liq Store 2-65/Srvc Contraded,.. 149.00
Vendor 10046-ADAM'S PES7 CONTROL,INC Total: 149.00
Vendor:10050-ADVANCE COMPANIES INC
170316 10/29/2015 9025 YARD ABATEMENT 301-3110-635100 Mun Ctr/Srvcs Contraded,No... 135.00
170398 11/OS/2015 8997 SECURE BROKEN DOOR 15-19...SOS-2110-635300 Police/Services Contraded,N... 1,719.50
Vendor 10050-ADVANCE COMPANIES INC Total: 1,854.50
Vendor:30058-ADVANTAGE SIGNS&GRAPHICS INC
170399 11/OS/2015 26276 PRK SIGNS,RD SIGNS 101-3174-621140 Streets/Supplies for Repair&... 1,443.10
Vendor 30058-ADVANTAGE SIGNS&GRAPHICS INC Total: 1,443.10
� Vendor.10067-ALADTEC,INC
M.+ 170317 SO/29/2015 11942 FIRE MANAGER TIMECLOCK SY...101-2530-621140 Fire/Supplies for Repair&Mai... 39.60
Vendor 10067-ALADTEC,INC Total: 39.60
Vendor:10073-ALIX AIR APPARATUS INC
170318 10/29/2015 28370 COMPRESSOR SERVICE 101-2510-635100 Fire/Services Contracted,Non-... 730.00
Vendor 10073-ALEX AIR APPARATUS INC ToW I: 730.00
Vendor:10118-AMERICAN TEST CENTER
170319 10/29/2015 2152441 ANNUAL SAFETY INSPECTION 101-2510-635100 Fire/Services Contraded,Non-... 1,190.00
Vendor 10318-AMERICAN TEST CENTER Total: 1,190.00
Vendor:30139-ANOI(A COUNTY CENTRAL COMMUNICATIONS
170320 10/29/2015 2015-340 UDN ACCESS FEE JULY,AUG 5... 101-2110-633120 Police/Communication(phone... 1,080.00
170320 10/29/2015 2015-350 VERIZON WIRELESS INTERNET...101-2110-633120 Police/Communication(phone... 78.06
170320 10/29/2015 2015-350 VERIZON WIRELESS INTERNET...101-2110-633120 Police/Communication(phone... 735.21
170321 10/29/2015 2015107 PORTABLE RADI05/CHARGERS 410-2110-703100 Police/Machinery 74,505.75
170400 11/OS/2015 2015110 78 MINUTE RUSSIAN TRANSLA...101-2110-631100 Police/Professional Services 80.34
Vendor 10139-ANOKA COUNTY CENTRAL COMMUNICATIONS ToW I: 76,479.36
Vendor:10159-APACHE PRINT INC
170401 11/OS/2015 46770 SR NEWSLETTER 851-232400 Sr-Advisory//Due to other Age... 16339
Vendor 30159-APACHE PRINT INC Total: 16339
11/5/2015 10:00:53 AM Page 1 of 20
Claims Council 11/09/15 Payment Dates:10/26/2015-11/6/2015
Payment Number' Payment Date Payable Number Dexription(item) Account Number Account Name (None) Amount
Vendor:30178-ASPEN MILLS INC
170322 10/29/2015 171742 FPD BADGE PATCHES SO1-2110-621110 Police/Clothing/Laundry Allow... 470.00
Vendor 10178-ASPEN MILLS INC Total: 470.00
Vendor:10184-ASTLEFORD INTERNATIONAL TRUCKS
170323 10/29/2015 T345807 MARKER lITES 101-141040 Inventory-Misc.Parts 50.20
Vendor 10184-ASTLEFORD INTERNATIONAI TRUCKS Total: 50.20
Vendor:10185-AT&T WIRELESS SERVICE
170402 11/OS/2015 1541144x10252015 MONTHLY WIRELESS BILL 101-1210-633120 Gen Mgmt/Communication(p... 48.95
170402 11/OS/2015 1541144x10252015 MOMHLY WIREIESS BILL 101-1314-633120 IT/Comm(phones,postage,et... 143.95
170402 11/OS/2015 1541144x10252015 MONTHLY WIRElE55 BILL 101-2110-633120 Police/Communication(phone... 1,301.76
170402 11/OS/2015 1541144x10252015 MONTHLY WIRELESS BILL 101-2150-633120 EM/Communication(phones,... 115.20
170402 11/OS/2015 1541144x10252015 MONTHLY WIRELESS BILL 101-2510-633120 Fire/Communication(phones,... 293.24
170402 11/OS/2015 1541144x10252015 MONTHLY WIRELESS BILL 1013140-633120 Eng/Communication(phones,... 366.68
170402 11/OS/2015 1541144x10252015 MONTHLY WIRELE55 BILL 101-3140-633120 Eng/Communication(phones,... 34.99
170402 11/OS/2015 1541144x10252015 MONTHLY WIRELE55 BILL 101-3172-633120 Parks/Communication(phones... 290.46
170402 11/OS/2015 1541144x10252015 MONTHLY WIRELESS BILL 1013174-633120 Streets/Communication(phon... 491.69
170402 11/OS/2015 1541144x10252015 MONTHLY WIRELE55 BILL 101-3176-633120 Garage/Communication(phon... 172.99
170402 11/OS/2015 1541144x10252015 MONTHLY WIRELE55 BILL 101-4100-633120 Rec/Communication(phones,... 98.33
170402 11/OS/2015 1541144x10252015 MONTHLY WIRELESS BILL 101-5110-633120 Bldg Inspect/Comm.(phones,... 100.�
170402 11/OS/2015 1541144x10252015 MONTHLY WIRELESS BILL 101-5112-633120 Planning/Communication(pho... 34.99
170402 11/OS/2015 1541144x10252015 MONTHLY WIRELE55 BILL 301-5114-633120 Rental Inspect/Comm(phones,.. 98.95
p� 170402 11/OS/2015 1541144x10252015 MONTHLY WIRELESS BIIL 225-1219-633120 Cable N-City Chn/Comm.(ph... 48.95
N 170402 11/OS/2015 1541144x10252015 MONTHLY WIRELESS BILL 260-2114633120 Police PSDS/Communication 83.74
17040Z il/OS/2015 1541144x10252015 MONTHLY WIRELESS BILL 601-6210-633120 Water Ops/Communication(p... 334.75
170402 11/OS/2015 1541144x10252015 MONTHLY WIRELE55 BILL 602-6210-633120 Sewer Ops/Communication(p... 338.51
Vendor 10185-AT&T WIRELE55 SERVICE Total: 4,398.13
Vendor:10222-BARTON SANO&GRAVEL CO
170306 10/27/2015 INV0002492 WASH SAND,DUMP FEE 101-3176-635300 Garege/Services Contraded,:.. 100.00
170306 10/27/2015 INV0002492 WASH SAND,DUMP FEE 601-6230-621140 Water Ops/Supplies for Repair... -45.86
170306 SO/27/2015 INV0002492 WASH SAND,DUMP FEE 601-6230-621140 Water Ops/Supplies for Repair... 917.05
170306 10/27/2015 INV0002492 WASH SAND,DUMP FEE 601-6210-635100 Water Ops/Services Contrade... 50.00
Vendor 30222-BARTON SAND&GRAVEL CO Total: 1,021.19
Vendor:10224-BA7TERIES PWS
170324 10/29/2015 028449213 BAITERY-LOCKE LIFT STA 603-6210-621140 Storm Ops/Supplies for Repair... 19.95
Vendor 10224-BAT7ERIE5 PLUS Total: 19.95
Vendor:10227-BAUER,PATRICK
170403 11/OS/2015 INV0002660 REIMB MEMBERSHIP EXP FOR...301-2510-632100 Fire/Dues&Subscription,Pe... 200.00
Vendor 10227-BAUER,PATRICK Total: 200.00
Vendor:10238-BEISSWENGER'S HARDWARE
170404 11/OS/2015 INV0002661 ROPE 101-3172-621140 Parks/Supplies for Repair&Ma.. 8.09
170404 11/OS/2015 INV0002661 SPRAY BOTTLE SOS-3176-621140 Garege/Supplies for Repair&... 6.99
170404 11/OS/2015 INV0002661 BOLT 270-4190.621140 SNC/Supplies for Repair&Mai... 1.50
11/5/2015 10:OD:53 AM Page 2 of 20
Claims Council 11/09/15 Payment Dates:10/26/2015-11/6/2015
Payment Number Payment Date Payable Number Description(item) Auount Number Account Name (No�e) Amount
170404 il/OS/2015 INV0002661 COUPLINGS,PADLOCK 602-6210-621140 Sewer Ops/Supplies for Repair... 9.57
Vendor 10238-BEISSWENGER'S HARDWARE Total: 26.15
Vendor:10253-BERRY COFiEE COMPANY
170405 11/OS/2015 M31546 SR ADVISORY COFFEE 851-232400 Sr-Advisory//Due to other Age... 124.45
Vendor 30253-BERRY COFFEE COMPANY Total: 124.45
Vendor.30289-BOLTON&MENK,INC
170406 11/OS/2015 183179 CONSTRUCTION OBSERVATIO... 4063174-631100 Streets/Professional5ervices 8,855.50
Vendor 10289-BOLTON&MENK,INC Total: 8,855.50
Vendor:10296-BOYER TRUCKS INC
170325 10/29/2015 INV0002504 PARTS 101-141040 Inventory-Misc.Parts 52.12
Vendor 10296-BOYER TRUCKS INC Total: 52.12
Vendor:12570-BOYER,GARY
170372 10/29/2015 INV0002552 REC REFUND 101-4151-459100 SrTrips/Program Revenue 112.00
Vendor 12570-BOYER,GARYTOtaI: 112.00
Vendor:10311-BRIGHTON VETERINARY HOSPRAL
170407 il/OS/2015 INV0002557 ANIMALCONTROL-IUNEJULY...101-2110-635100 Police/ServicesContracted,N... 6,800.00
Vendor 10311-BRIGHTON VEfERINARY HOSPRAL Total: 6,800.00
Vendor.10313-BRO-TD(,INC
170408 il/OS/2015 470304 FALL RECYCIING DROP OFF 237-5118-635100 Recycling/Services Contracted,... 303.43
Vendor 30313-BRO-TD(,INC ToWI: 303.43
WVendor:10327-BRYAN ROCK PROOUCTS INC
170326 10/29/2015 11573 RED BAILIFIELD AG 101-3172-621140 Parks/Supplies for Repair&Ma.. 3,771.95
Vendor 30327-BRYAN ROCK PRODUCTS INC Total: 3,771.95
Vendor:12581-BUBERL,JOLENE
170471 11/OS/2015 INV0002735 REIB SCHL-CODES/INSPECTIONS 101-1410.632120 Non-dept/Conferences&Scho... 519.24
Vendor 12581-BUBERL,JOLENE Total: 519.24
Vendor:10332-BUILDING CONSULTING GROUP,INC
170409 11/OS/2015 8831531 MUNICIPAL RAMP DESIGN 4053115-631100 Bldg Cap Proj/Professional Serv.. 598.94
Vendor 10332-BUILDING CONSUL7ING GROUP,INC Total: 598.94
Vendor:10369-CAPI70l BEVERAGE SALES
170410 11/OS/2015 INV0002716 OCT-BEER 609-144030 Beer#1(Cub Location) 30,750.00
170410 il/OS/2015 INV0002716 OCT-MISC 609-144040 Misc.tll(Cub Location) 50.80
170410 11/OS/2015 INV0002716 OCT-BEER 609-145030 Beer#2(Highway 65) 8,280.00
170410 11/OS/2015 INV0002716 OCf-MISC 609-145040 Misc.#2(Highway 65) 26.25
Vendor 30369-tAPITOL BEVERAGE SALES Total: 39,307.05
Vendor:10386-CENTRAI MN CUSTODIAL SERVICES LLC
170411 11/OS/2015 1415 OCT CLEANING SERV 101-3176-635100 Garege/Services Contrected,... 1,040.00
Vendor 10386-CENTRAL MN CUSTODIAL SERVICES LLC Total: 1,040.00
11/5l2015 1D:00:53 AM Page 3 of 20
Claims Council ll/09/15 Payment Dates:10/26/2015-�3/6/2015
Payment Number PaymeM Date PayaWe Number Description(Item) Account Number Account Name (None) Amount
Vendor:10387-CENTRAI RENTAL CO -
170412 11J05/2015 1559472 LIGH7 TOWER,GENERATOR R... 270-4192-635110 SNC Spec Evenu/Rentals 570.20
Vendor 10387-CENTRAL RENTAL CO Total: 570.2�
Vendor:10388-CENTRAL ROOPING COMPANY
170327 10/29/2015 12561 REPIACE SKYLIGHTS-HAIL DA... 704-7130-635100 Self Ins/Srvcs Contracted,Non... 1,500.00
Vendor 10388-CENTRAL ROOFING COMPANY Totai: 1,500.00
Vendor:30395-CENTURY LINK
170413 11/OS/2015 iNV0002667 PHONE SERVICE-7833923 270-4190-633120 SNC/Comm,(phones,postage,... 42.71
170413 il/OS/2015 INV0002667 PHONE SERVICE-5711683 601-6210-633120 Water Ops/Communication(p... Z3.82
170413 11/OS/2015 INV0002667 PHONE SERVICE-5711683 602�210-633120 Sewer Ops/Communication(p... 23.83
Vendor 10395-CENTURY LINK Total: 90.36
Vendor:10404-CHARLESTON COUNTY FAMILY COURT
170380 11j03j2015 INV000259A PAYROILSUMMARY 101-213300 Child Support Withheld 451.50
Vendor 104Q4-CHARLESfON COUNTY FAMILY CAURT ToWi: 451.50
Vendor:Ppt ID:307066-CITY OP fRIDLEY 457-ICMA
136 11/03/2015 INV0002596 CITY Of FRIDLEY ICMA Ppt ID:...101-213260 Deferred Comp.-ICMA 457 plan 35,033.64
136 11/03/2015 INV0002599 CITY OF FRIDLEY ICMA Ppt ID:...101-213260 Deferred Comp:ICMA 457 plan 265.28
Vendor Ppt ID:307066•C1TY OF FRIDLEY 457-ICMA Total: 35,298.92
Vendor:PL#10129454-CITY OF FRIDLEY HLTH REIMB
135 11/03/2015 INV0002619 CITY OF FRIDLEY HLTH REIMB... 301-213150 HRAfVeba&HSA Benefit-Heal... 1.z00.00
� Vendor PL#10129454-CITY Of FRIDLEY HL7H REIMB Total: 1,200.00
� Vendor:Ppt ID:705060-CITY OF FRIDLEY ROTH-ICMA
137 Il/03/2015 INV0002615 CITY OF FRIDLEY ICMA Ppt ID:...101-213270 ICMA Roth IRA 1�779•�
Vendor Ppt ID:705050-CITY OF FRIDLEY ROTN-ICMA Total: 1,779.00
Vendor:Ppt ID:803502-CITY OF FRfDLEY RSA-ICMA
138 11/03(2015 INV0002613 CITY QF FRIDLEY ICMA Ppt ID:...101-213280 RHS Plan(ICMA) 75•W
138 11/03/2015 INV0002614 CI7Y OF FRIOLEY ICMA Ppt ID:...101-213280 RHS Plan(ICMA) 150.00
Vendor Ppt ID:803502-CITY OF FRIDIEY RSA-ICMA Total: 225.00
Vendor.10431-QAUSON,ROBERT INC.
170414 11/OS/2015 INV0002668 INSPECTIONS 101-5110-635100 Bldg Inspeci/Srvc Contracted,... 3,291.20
Vendor 10431-CLAUSON,ROBERT INC.ToWI: 3,293.20
Vendor:10447-COMCA5T CABLE
170415 11/OS/2015 INV0002560 CABLE ACCESS-CHIEF WEIERK...101-2150-635100 EM/Srvc Contraded,Non-prof... SZ3
170415 11/OS/2015 INV0002669 CABLE SERVICE 225-1219-635100 Cable N-City Chn/Srv Contrac... 314.43
Vendor 10447-COMCAST CABLE Total: 319.66
Vendor:30449-COMMERCIAL 0.5PHALT
170307 10/27/2015 INV0002493 ASPHALT 101-3174-621140 Streets/Supplies for Repair&... 351.67
170307 30/27/2015 INV0002493 ASPHALT 601-6230-621140 Water Ops/Suppiies for Repair... 1,226.79
170307 10/27/2015 INV0002493 ASPHALT 601-6210.621140 Water Ops/Supplies for Repair... -68.46
Vendor 10449-COMMERt1AL ASPHALT ToWI: 1,530.00
11/5lZ015 10:00:53 AM Page 4 of 2p
Claims Council 11/09/15 Payment Dates:10/26/2015-31/6/2015
Payment Number Payment Date Payable Number Description(Item) Aaount Number Account Name (None) Amount
Vendor:30455-COMMUNITY HEALTH CHARITIES
170381 11/03/2015 INV0002595 Bi-weekly payroll contribution 101-213120 Charitable Contributions 10.00
Vendor 10455-COMMUNITY HEALTH CHARITIES Total: 10.00
Vendor:10457-COMO LUBE&SUPPLIES INC
170328 10/29/2015 587185 PARTS WASHER SERVICE 101-3176-635100 Garage/Services Contracted,... 150.00
Vendor 10457-COMO LUBE&SUPPLIES INC Total: 150.00
Vendor:10464-COMPUTER IXPLORERS
170416 11/OS/2015 2085 ROCKS PROGRAM 101-4106-635100 Rec Rocksj5ervices Contracted 1,764.00
Vendor 10464-COMPUTER EXPLORERS Total: 1,764.00
Vendor:10477-COON RAPIDS,CITY OF
170417 11/OS/2015 INV0002671 WATER SERVICE-3760303 270-4190.634100 SNC/Utility Services 193.09
Vendor 10477-COON RAPIDS,CITY OF ToW t: 193.09
Vendor:SO505-CROWN TROPHY
170418 11f05/2015 17622,17655 RETIREMENTENGRAVINGS 301-2510-621130 Fire/Operating5uppfies 128.26
Vendor 10505-CROWN TROPHY Totai: 128.26
I
Vendor:10507-CUB FOODS INC-BLAINE STORE
170419 11/OS/2015 INV0002673 SUEf 270-4190-638140 SNC/Miscellaneous 18.26
Vendor 10507-CUB FOODS INC-BLAINE STORE ToWI: 18.26
Vendor:10527-D.K.N.CONSTRUCf10N,LLC
170420 11J05/2015 12439 SUPPLY/INSTALL AGG,DRAIN 405-3115-635100 Bidg Cap ProjjSrvc Contracted.••• 7,940.57
� Vendor 10527-D.K.N.CONSTRUCTION,LLC ToWI: 7.940•57 -
�
Vendor:10529-D.L.T.SOLUTIONS,INC
170421 11/OS/2015 51304965 AUTO DESK CAD LICENSE,MAI... 101-3176-632100 Garage/Dues&Subscription,... 3,470.17
Vendor 10529-D.I.T.SOLUTIONS,INC Total: 3,470.17
Vendor:10547-DAVE PERKINS CONTRACTING,INC
170329 1Oj29J2015 25823 REPAIR WTR VALVE 601-6210-635100 Water Ops/Services Contrecte.•. 2,564.00
Vendor 10547-DAVE PERKINS CONTRACTING,INC Total: 2,564.00
Vendor:10560-DEFORGES PLUMBING,INC
170330 10/29/2015 INV0002509 INSPECTIONS/DAILY TASKS 101-5110-635100 Bldg Inspect/Srvc Contrected,... 3,350.00
170422 11/OS/2015 INV0002676 INSPEC710N5 AND DAILEY TAS...101-5110-635100 Bldg Inspect/Srvc Contrected,... 2.900•00
Vendor 10560-DEfORGES PLUMBING,INC Total: 6,250.00
Vendor:10563-DELTA DENTAL PLAN OF MINNESOTA
DFf0000234 11/06/2015 INV0002597 MONTHLY PREMIUM 101-213160 Dental Insurance Payable 2,841.25
Vendor 10563-DELTA DENTAL PIAN OF MINNESOTA Total: 2,84115
Vendor:12568-DUSOSKY,ROBERT
170370 10/29/2015 INV0002550 REC REFUND 101-4151-459100 SrTrips/Program Revenue 112.00
Yendor 12568-DUSOSKY,ROBERT Total: 112.00
Vendor:10604-E.C.M.PUBLISHERS INC
170331 10/29/2015 267172,264904 LEGA�NOTICE-BUDGET 101-1310-633100 Accounting/Advertising 178.50
170331 10/29/2015 267172,264904 LEGAL NOTICE-NUISANCE PUB 101-5112-633100 Planning/Advertising 135.60
il/5/2015 10:00:53 AM Page 5 Of 20
Claims Council 11/09/15 Payment Dates:10/26/2015-11/6/2015
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
170423 11/OSJ2015 261625,3804 FALL RECYCLiNG DROP OFF AD 237-5118-633100 Recycling/Advertising 733.00
Vendor 10604-E.C.M.PUBLISHERS iNC Total: 1,047.30
Yendor.12455-E.I.M
170369 SO/29/2015 INV0002549 VFD PROJECT EST#2 601-6210-635100 Water Ops(Services Contracte... 63,518.00
Vendor 12455-E.I.M Total: 63,518.00
Vendor:30628-ELITE K-9,INC
170332 10/29/2015 41340 K-95UPPLIES 101-2113-621130 K-9Progrem/OperatingSuppli... 44.77
170332 10129J2015 41340 K-9 SUPPLIES-HIDDEN BITE SLE...SO1-2113-621150 K-9 ProgramJToots&Minor E... 306.95
Vendor 10628-ELITE K-9,INC Total: 151.72
Vendor:10638-EMERGENCY AUTOMOTIVE TECHNOlOG1E5
170424 11/OS/2015 AW1022152 LiGHTSTICK,SWITCH BOX 101-141040 Inventory-Mist.PaRs �•76
Vendor 10638-EMERGENCY AUTOMOTIVE TECHNOLOGIES Total: 448.76
Vendor:12541-EMPLOYEE STRATEGIES,INC
170467 11/OSJ2015 9225 EMPLOYEE ENGAGEMENT SU... 101-1212-631100 HR/Professional5ervices 5,518.75
170467 11/OS/2015 9227 EMPLOYEE ENGAGEMENT SU... 101-1212-631100 HRJProfessional Services 2,237.50
Vendor 12541-EMPLOVEE S7RATEGIES,INC Total: 7,756.25
Vendor:12575-FANTASTIC SAM'S�53RD AVE)
170376 10/29/ZOSS INV0002562 TEMPORARY SIGN REFUND TS...101-221100 Deposits 200.00
Vendor 12575-FANTASTIC SAM'S(53RD AVE)Tota1: 20U•00
Vendor:12574-PANTASTIC SAM'S
� 170375 10/29/2015 INV0002561 TEMPORARY516NREFUND 101-221100 Deposits 2�•�
�
Vendor 12574-FANTASfIC SAM'S Total: 200•00
Vendor:10675-FASTENAL COMPANY
170333 10/29/2015 99029 ELECTRICAL SUPPLIES 1013176-621140 Garage/Supplies for Repair&... 43•�Z
Vendor 10675-FASTENAL COMPANY Total: 43.72
Vendor:10692-FIRE MARSNAL ASSOCIATfON OF MINPI
170334 SO/29/2015 INV0002513 REGISTRATION-CURRENT 101-2510-632120 Fire/Conferences&School Z�•�
Vendor 10692-FIRE MARSHAL ASSOCIATION OF MINN Total: 20�•00
Vendor:10702-FIRST-SHRED
170425 11/OS/2015 164326 FALL RECYCLING DROP OFF 237-5118-635100 Recycling/Services Contracted,... $�•�
Vendor 10702-FIAST-SHRED Total: 800.00
Vendor:10717-FtEET PRIDE TRUCK&TRAIIER PARTS
170426 11/OS/2015 335,166,2404,713 FILTER51335,7166,2404,8713 101-141040 Inventory-Misc.�arts 418•z2
Vendor 10717-FLEET PRIDE TRUCK&TRAILER PARTS Total: 418.22
Vendor:30718-FLEXIBLE PIPE TOOL CO
170427 11/OSJ2015 19281,19301 ROOTSAWS,HOSE REEL 602-6210.621150 Sewer Ops/Tools&Minor Equ.... 985.20
Vendor 10718-fLIXIBLE PIPE TOOL CO ToWI: 985.20
Yendor:30705-FRIOIEY FIRE REl1EF 0.SSOC FBO
170382 11/03/2015 INV0002600 Biweekly payroll contributions 101-213290 Fire Relief Dues Withheld 150.00
11/Si2015 iQ:00:53 AM Page 6 of 20
Claims Council 11/09/15 Payment Dates:30/26/2015-11/6/2015
Payment Number Vayment Date Payable Number Description(Item) Acwunt Number Account Name (None) Amount
170382 11/03/2015 INV0002611 Monthly Vol FF payroll contrib...101-213290 Fire Relief Dues Withheld 675.00
Vendor 10745-FRIDLEY FIRE RELIEF ASSOC FBO Total: 825.00
Vendor:12578-FRIOIEY FIRE REUEF
170378 10/29/2015 INV0002564 STATE FIRE AID,SUPPLEMENT...101-2530-613120 Fire/Fire Pension Contribution 146,648.35
Vendor 12578-FRIDLEY FIRE RELIEF Total: 146,648.35
Vendor:30748-FRIDLEY POIICE ASSOCIATION
170383 11/03/2015 INV0002598 Bi-weekly payroll contributions 101-213330 Fridley Police Association 84.00
Vendor 10748-FRIDLEY POLICE ASSOCIATION Total: 84.00
Vendor:30750-FRIDLEY,CITY OF
170335 10/29/2015 INV0002514 FUEL 101-1312-621300 Assessing/Fuels&Lubes 2.48
170335 10/29/2015 INV0002514 PARKING 101-2110-632110 Police/Transportation 27.p0
170335 10/29/2015 �NV0002514 TRAINING MEALS 101-2110-632120 Police/Conferences&School 7.60
170335 10/29/2015 INV00p2514 SUPPLIES 101-2510-621130 Fire/OperatingSupplies 6.68
170335 10/29/2015 INV0002514 PARKING 101-5112-632110 Planning/1'ransportation 16.75
170335 10/29/2015 INV0002514 STAMPS 101-5112-633120 Planning/Communication(pho... 19.60
Vendor 10750-FRIDLEY,CRY OF Total: 80.11
Vendor:10819-GRAINGER
170428 11/OS/2015 9873289756 CIRCULATORPUMP 601�310-621140 WaterCapital/SuppliesforRe... 318.60
Vendor 10819-GRAINGER Total: 318.60
Vendor:10837-GREEN BARN GARDEN CENTER,INC
O\ 170429 il/OS/2015 10597 PUMPKINS,STRAW 270-4192-621130 SNC Spec Events/Opereting Su... 2,227.00
J
Vendor 10837-GREEN BARN GARDEN CENTER,INC Total: 2,227.00
Vendor:10839-GREEN LIGH75 RECYCLIN6,INC
170336 10/29/2015 155523 RECYCLED BULBS 101-3110-635100 Mun Ctr/Srvcs Contracted,No... 270.81
Vendor 10839-GREEN LIGHTS RECYCLING,INC Total: 270.81
Vendor:10863-HACH COMPANY
170430 11/OS/2015 9638458 WATER TESTING 601-6210-621140 Water Ops/Supplies for Repair... 57.49
Vendor 10863-HACH COMPANY Total: 57.49
Vendor:10865-HAGEN,CHRISTENSEN&MCILWAIN ARCH
170337 10/29/2015 151431 MOORE LK LIQ REMODEL DESI...609-6920-631300 Liq Store 2-65/Professional Ser... 360.00
Vendor 10865-HAGEN,CHRISTENSEN&MCILWAIN ARCH Total: 360.00
Vendor:10894-HAWKINS INC
170431 11/OS/2015 3791089 WATER CHEMICALS 601-6210-621140 Water Ops/Supplies for Repair... 1,462.57
Vendor 10894-HAWKINS INC Total: 1,462.57
Vendor:10913-HENRY'S WA7ERWORKS,INC
170432 11/OS/2015 18120 GATE VALVE BOX RISER 601�230-621140 Water Ops/Supplies for Repair... 783.60
Vendor 10913-HENRY'S WATERWORKS,INC Total: 783.60
Vendor:10918-HIATT,WENDY
170433 11/OS/2015 INV0002688 REIMB MILEAGE 101-3176-632110 Garage/Trensportation 2133
Vendor 10918-HIATT,WENDY ToWI: 2133
11J5/2015 10:Q0:53 AM Page 7 of 20
Claims Council 11/09/15 Payment Dates:10/26/2015-11/6/2015
Payment Number Payment Date Payable Number Description(Item) Account Number Auount Name (None) Amount
Vendor:10937-HOME DEPOT/GECF
170434 il/OS/2015 INV0002689 REPLACEMENT WHEELS 101-2510-621140 Fire/Supplies for Repair&Mai... 42.81
Vendor 30937-HOME DEPOT/GECF Total: 42.81
Vendor.10978-INDEPENDENT SCHOOL DIST#14
170338 10/29/2015 4472 OCTFACILITY USAGE FEE 101-4100-633120 Rec/Communication(phones,... 14.00
170338 SO/29/2015 4472 OCTFACILI7Y USA6E FEE 101-4100-635100 Rec/Services Contreded,Non-... 142.00
170338 10/29/2015 4472 OCTFACILITY USAGE FEE 101-4100-638180 Rec/Pmts to Other Agencies 8,050.00
170338 10/29/2015 4472 OCTFACILITY USAGE FEE 101-4109-633120 Rec Zone/Communication(ph... 24.00
170338 10/29/2015 4472 OC7FACILI7Y USAGE FEE 101-4150-633120 Sr Center/Communication 47.00
Vendor 30978-INDEPENDENT SCHOOL DIST p14 7otal: 8,277.00
Vendor:12450-INTERNAL REVENUE SERVICE- PAYROLI TAXES
DFT0000241 11/06/2015 INV0002620 BI-WEEKLY SOCIAL SECURITY... 101-212120 FICA Payable 31,938.60
DFT0000242 11/06/2015 INV0002621 BI-WEEKLY MEDICARE WITHH... 101-212130 Medicare Payable 12,715.94
DFT0000244 11/06/2015 INV0002623 BI-WEEKIY FEDERAL TAX WIT... 101-212100 Federel Tax Withheld 48,502.48
Vendor 12450-INTERNAL REVENUE SERVICE- PAYROLL TAXES Total: 93,157.02
Vendor:11011-INTL ASSOC OF FIRE FIGHTERS-IAFF
170384 11/03/2015 I NV0002601 FF DUES-LOCAL#1986 101-213230 Union Dues-fire 9p.pp
Vendor 13011-INTL ASSOC OF FIRE FIGHTERS-IAFF Total: 90.00
Vendor:11042-JANI-KING OF MINNESOTA,INC
170435 il/OS/2015 min11150346 NOV CLEANING FEES SO1-3110-635100 Mun Ctr/Srvu Contrected,No... 2,737.65
� Vendor 11042-JANI-KING OF MINNESOTA,INC ToWI: 2,737.65
� Vendor:12538-IENSEN,GEORGE
170466 11/OS/2015 INV0002729 REIMB MILEAGE 260-2114-632110 Police PSDS/Tronsportation 177.79
Vendor 12538-JENSEN,GEORGE Total: 177.79
Vendor:11099-KATH FUEL OIL SERVICE
170339 10/29/2015 530923 BULK OIL 101-141020 Inventory-Motor Oil/Grease 1,843.00
170339 10/29/2015 531725 ANTIFREEZE 101-141040 Inventory-Misc.Parts 13335
170339 SO/29/2015 531725 WASHER FLUID 101-3176-621140 Garage/Supplies for Repair&... 504.00
Vendor 11099-KATH FUEL OIL SERVICE Total: 2,480.35
Vendor:12569-KLEIN,JOANNE
170371 10/29/2015 INV0002551 REC REFUND 101-4151-459100 SrTrips/Program Revenue 56.�
Vendor 12569-KLEIN,IOANNE Total: 56.00
Vendor:11160-L3 COMMUNICATIONS MOBILE VISION
170436 11/OS/2015 0231477-IN DVR REPAIR-SN:FB017773 SO1-2110-635100 Police/Services Contracted,N... 153.00
170436 11/OS/2015 230258 MONITOR CABLE 101-2110-621150 Police/Tools&Minor Equipme... 67.95
Vendor 11160-L-3 COMMUNICATIONS MOBILE VISION Total: 220.95
Vendor:11198-LAW ENFORCEMENT LABOR SERVICES
170385 11/03/2015 INV0002612 Police Union 119-biweekly de...101-213210 Union Dues-Police 1,410.00
170385 11/03/2015 INV0002616 Sgt Union 310-biweekly dedu...101-213210 Union Dues-Police 282.00
Vendor 11198-LAW ENFORCEMENT LABOR SERVICES Total: 1,692.00
ii/5/2015 10:00:53 AM
Page 8 of 20
Claims Council 11/09/15 Payment Dates:30/26/2015-11/6/2015
Payment Number Payment Date Payable Number Description(item) Account Number Accaunt Name (None) Amount
Vendor:11204-LEAGUE OF MINNESOTA GTIES
170437 11/OS/2015 223281 REGISTRATION-LUND 101-1110-632120 Legislative/Conferences&Sch... 40.00
Vendor 11204-LEAGUE OF MINNESOTA Cf17E5 Total: 40.00
Vendor:11212-LEVANDER,GIILEN&MILLER,PA
170438 11/OS/2015 40 OCT ATTY FEES 101-1214-631100 legal/Professional Services 4,680.40
Vendor 11212-LEVANDER,GILLEN&MILIER PA Total: 4,680.40
Vendor.11223-LIGHTING PlAS71C5 OF MINN,INC
170439 11/OS/2015 67733 20"GIOBE 101-3170-621140 Lighting/Supplies for Repair&... 157.60
Vendor 11223-IiGHTING PLASTICS OF MINN,INC Total: 157.60
Vendor:11238-LOFFLER COMPANIES-131511
170340 10/29/2015 2091994 PRINTER MAINT 101-1314-635100 IT/Srvc Contrected,Non-profe... 293.08
, Vendor 11238-LOFFLER COMPANIES-133511 ToWI: 293.08
' Vendor:11298-MANSFIELD 011 COMPANY
170341 10/29/2015 885563 FUEL SO1-141010 Inventory-Gasoline 5,399.82
Vendor 11298-MANSFIELD Oil COMPANY Total: 5,399.82
Vendor.11301-MARCO
170308 10/27/2015 ORD722670 SAFE ROUTE TO SCHOOL CAM...406-3174-635100 Streeu/Services Contraded,N... 5,129.68
Vendor 11301-MARCO Total: 5,129.68
Vendor:11346-MENARDS-FRIDLEY
170342 10/29/2015 13687 TAPE MEASURE 101-3172-621150 Parks/Tools&Minor Equipme... 15.95
� 170342 10/29/2015 13700 WRENCH ROLL,SOCKETSEf 101-3172-621150 Parks/Tools&Minor Equipme... 84.96
�
170440 11/OS/2015 14107 WIRE LOCK,SUPPLIES 601-6210-621140 Water Ops/Supplies for Repair... 13.48
170440 11/OS/2015 14107 WIRE LOCK,SUPPLIES 601-6210-621150 Water Ops/Tools&Minor Equ... 10.96
170440 11/OS/2015 14206 MISC TOOLS 101-3172-621150 Parks/Tools&Minor Equipme... 347.14
Vendor 11346-MENAROS-FRIDLEY Total: 472.49
Vendor:11369-METROPOLITAN COUNCII(SAC CHARGES)
170441 11/OS/2015 INV0002697 OC75ACCHARGES 602-232310 Dueto-Govu/Sewer(SAC) 31,981.95
Vendor 31369-METROPOLITAN COUNCIL(SAC CHARGES)Total: 31,981.95
Vendor:11368-METROPOLRAN COUNCIL
170343 10/29/2015 1047789,90 STRENGTH CHARGE 601-6230-635300 Water Ops/Services Contreae... 3,163.88
Vendor 11368-ME7ROPOLfTAN COUNqI Total: 3,163.88
Vendor:11417-MINN BENEFfT ASSOC-M.B.A.
170386 11/03/2015 INV0002605 Bi-wkly payroll deductions 101-213130 Minnesota Beneftt 45.84
Vendor 11417-MINN BENEFIT ASSOC-M.B.A.Total: 45.84
Vendor:11427-MINN CHIIU SUPPORT PAYMENT CENTER
170387 11/03/2015 INV0002593 Bi-weekly payroll dedudion 101-213300 Child Support Withheld 952.93
Vendor 11417-MINN CHILD SUPPORT PAYMENT CENTER Total: 952.93
Vendor:11437-MINN DEPT OF IABOR&INDUSTRY
170442 11/OS/2015 23563003055 OCT SURCHARGES CONFq2356...101-203130 Surtax 4,911.96
Vendor 11437-MINN DEPT OF LABOR&INDUSTRY Total: 4,931.96
11J5/ZO15 lO:OD:53 AM Page 9 of 20
Claims Council 11/09/15 Payment Dates:10/26/2015-11/6/2015
Payment Number Payment Date Payable Number Description(Item) Auount Number Account Name (None) Amount
Vendor:11447-MINN EQUIPMENT-SCHARBER&SONS
170443 11/OS/2015 P93033 OIL COOLER 101-141040 Inventory-Misc.Parts 63334
Vendor 31447-MINN EQUIPMENT-SCHARBER&SONS Total: 63334
Vendor:11454-MINN HWY SAFETY/RESEARCH-MHSRC
170344 SO/29/2015 6294304771 EVOC REFRESHER SO1-2110-632120 Police/Conferences&School 396.00
Vendor 11454-MINN HWY SAFETY/RESEARCH-MHSRC Total: 396.00
Vendor.11497-MINNEAPOUS SAW INC
170345 10/29/2015 50029 CHAIN SAW FILES 101-3172-621150 Parks/Tools&Minor Equipme... 21.96
170444 11/OS/2015 50261 BLUE SAW 101-3174-621150 Streets/Tools&Minor Equipm... 79.20
Vendor 11497-MINNEAPOLIS SAW INC Total: 301.16
Vendor:12451-MINNESOTA DEPARTMENT OF REVENUE-PAYROLL TAXES
DFT0000243 11/06/2015 INV0002622 BI-WEEKLY STATE INCOME TAX..301-212110 State Tax Withheid 18,547.65
Vendor 12451-MINNESOTA DEPARTMENT OF REVENUE-PAYROLL TAXES ToWI: 18,547.65
Vendor:11501-MINNESOTA METRO NORTH TOURISM
170346 10/29/2015 INV0002527 SEPT HOTEL/MOTEL TAX 806-203120 Hotel/Motel Tax 5,626.28
Vendor 11501-MINNESOTA METRO NORTH TOURISM Total: 5,62618
Vendor:12573-MN.IT SERVICES
170374 10/29/2015 80724,90742 LANGUAGE LINE SERVICES 101-1410-633120 Non-dept/Communication 129.98
Vendor 12573-MN.R SERVICES ToWI: 129.98
Vendor:31529-MO55&BARNETT,PA
J 170347 SO/29/2015 635297 LEGAL SERV-CENTURY IINK FR...225-1219-631100 Cable N/Professional Services 385.50
O
Vendor 11529-MOSS&BARNEff,PA ToW I: 385.50
Vendor:11546-N.C.P.E.R.S.MINNESOTA-478000
170388 11/03/2015 INV0002609 Bi-weekly payroll deductions 101-213180 PERA Lffe Insurance 832.00
Vendor 11546-N.C.P.E.R.S.MINNESOTA-478000 ToWI: 832.00
Vendor:12580-NAZARIO,JOY&MICHAEL
170470 11/OS/2015 INV0002734 REFUND RENTAL LICENSE OVE...101-5114-431200 Rental Insped/Rental Housing... 120.00
Vendor 12580-NAZARIO,lOY&MICHAEL 7otal: 120.00
Vendor:11573-NEISON CHEESE&DEU
170348 10/29/2015 106370 LUNCH FOR SRA MTG MEMBE...101-3170-621130 Lighting/Operating Supplies 263.57
Vendor 11573-NEl50N CHEESE&DELI ToWI: 263.57
Vendor:11592-NEWqUISf&KIMBALL LAW OFFICES,PC
170445 11/OS/2015 INV0002702 NOV RETAINER,JULY/AUG SU... 101-1214-631100 Legal/Professional Services 26,262.44
Vendor 11592-NEWQUIST&KIMBALL LAW OFFICES,PC Totai: 26,262.44
Vendor:11611-NORTHEASTTOWING SERVICE INC
170446 11/OS/2015 27617,28614 TOWING CHARGES 101-2110-635100 Police/Services Co�tracted,N... 85.00
170446 11/OS/2015 27617,28614 TOWING CHARGES 4063174-635100 Streets/Services Contraded,N... 130.00
Vendor 11611-NORTHEAST TOWING SERVICE INC Total: 215.00
ll/51z015 10:00:53 AM Page 10 of 20
Claims Council 11/09/15 Payment Dates:10/26/2015-11/6/2015
Payment Number Payment Date Payable Number Description(Item) Account Number Acwunt Name (None) Amount
Vendor:11619-NORTHERN TECHNOLOGIES,INC
170447 11/OSJ2015 15839 MATERIAL TESTING STR PRO1 406-3174-635100 Streets/Services Contracted,N... 682.75
Vendor 11619-NORTHERN TECHNOLOGIES,INC Total: 682.75
Vendor:11620-NORTHERN TOOL&EQUIP
170349 10/29/2015 22177,23721 TOW STRAPS 101-3172-621140 Parks/Supplies for Repair&Ma.. 88.00
Vendor 11620-NORTHERN TOOL&EQUIP Total: 88.00
Vendor:11622-NORTHLAND CHEMIG4L CORP-GREEN TREE
170350 10/29/2015 5059082 DEGREASER,HAND CLEANER 101-3176-621140 Garage/Supplies for Repair&... 1,112.64
Vendor 11622-NORTHLAND CHEMICAL CORP-GREEN TREE Total: 1,112.64
Vendor:12579-O'MALLEY CONSTRUCTION,INC
170379 10/29/2015 INV0002565 SAFE RT TO SCHL EST#1 4063174-635100 Streets/Services Contracted,N... 3,253.73
Vendor 12579-O'MALLEV CONSTRUGTION,INC Total: 3,253J3
Vendor:11667-ON SITE SANITATION
170448 11/OS/2015 INV0002705 PORTABLE RESTROOMS 407-3172-635110 Parks/Rentals 220.00
170448 11/OS/2015 INV0002706 PORTABLE RESTROOMS PUMP...270-4192-635110 SNC Spec Evenu/Rentals 335.00
Vendor 11667-ON SITE SANRATION Total: 555.00
Vendor:11671-OPEN YOUR HEART
170389 I3/03/2015 INV0002606 Bi-weekly payroll contribtions 101-213120 Charitable Contributions 25.00
Vendor 11671-OPEN YOUR HEARTTotal: 25.00
Vendor:11685-P.E.R.A.-PUBIIC EMPLOYEES
� DFT0000238 11/06/2015 INV0002607 Bi-weekly deduction-Coordi�...101-213100 PERA 31,590.03
DFT0000239 11/06/2015 INV0002608 Bi-weekly payroll dedudion-... 101-213100 PERA 152.50
DFf0000240 11/06/2015 INV0002610 Bi-weekly payroll ded-Pol/Fire 101-213100 PERA 40,338.27
Vendor 31685-P.E.R.A.-PUBLIC EMPLOYEES Total: 72,080.80
Vendor.11691-PACE ANALYTICAL SERVICE INC
170351 30/29/2015 12151044 NPDES DISCHARGE MONITOR...601-6210-635100 Water Ops/Services Contracte... 505.50
Vendor 11691-PACE ANALYTICAL SERVICE INC ToWI: 505.50
Vendor:11706-VARSON'S ELECTRIC CO
170449 11/OS/2015 68142 DEMO POLE AND REPIACE 1013172-635300 Parks/Services Contraded,No... 7,920.00
Vendor 11706-PARSON'S ELEGTRIC CO Total: 7,920.00
Vendor:11708-PARTNERS&SIRNY ARCHffECTS
170352 10/29/2015 7 RE-DESIGN SPRG PROIECT 407-3172-631300 Parks/Professional 5ervices 42,221.70
Ve�dor 11708-PARTNERS&SIRNY ARCHffECTS Total: 42,221.70
Vendor:11730-PERFECT 10 CAR WASH IXPRE55
170353 10/29/2015 INV0002478 POLICE CAR WASH STATEMENT..301-2110-635100 Police/Services Contreded,N... 48.00
170353 SO/29/2015 INV0002534 CARWASHES#7 PUBLIC WORKS 101-3140-635100 Eng/Services Contracted,Non-... 5.00
170353 10/29/2015 INV0002534 CARWASHES#7 PUBIIC WORKS 601-6210-635100 Water Ops/Services Contrede... 20.00
170353 10/29/2015 INV0002534 CARWASHES i17 PUBLIC WORKS 602-6210-635100 Sewer Ops/Services Contrade... 5.�
Vendor 11730-PERFECT 10 CAR WASH EXPRESS Total: 78.00
11/5/2015 10:00:53 AM Page 11 of 20
Claims Council 11/09/15 Payment Dates:10/26/2015-il/6/2015
Payment Number Payment Date Payable Number Dexription(Item) Aaount Number Acwunt Name (None) Amount
Vendor:11774-POSTMASTER
170450 11/OS/2015 INV0002708 POSTAGE PERMIT#92886 101-1210-633120 6en Mgmt/Communication(p... 1,950.00
Vendor 11774-POSTMASTER Total: 1,950.00
Veodor.11783-PREFERRED ONE INSURANCE COMPANY
DFT0000235 il/06/2015 INV0002602 MONTHLY PREMIUM 101-213140 Health Insurence 40,607.16
Vendor 11783-PREFERRED ONE INSURANCE COMPANYTotal: 40,607.16
Vendor:11787-PRE5T0 GRAPHICS,INC
170451 11/OS/2015 54073 LAMINATION ELECTION SIGNS 101-1216-633110 Elections/Printing&Binding 32.06
Vendor 11787-PRE5T0 GRAPHICS,INC Total: 32.06
Vendor:11795-PRINT CENTRAL
170452 11/OS/2015 113314 BUILDING PERMITS,INSPECTI... 101-5110-621130 Bidg Inspect/Operating Suppli... 3,501.83
Vendor 11795-PRINT CENTRAL Total: 3,501.83
Vendor:12555-RACHEL CONTRARING,INC
170468 il/OS/2015 INV0002732 REFUNDDEPOSIT 601-6210-481100 WaterOps/WaterSales -103.76
170468 11/OS/2015 INV0002732 REFUNDDEPOSR 601-6210-481420 WaterOps/MeterSales 1,700.00
Vendor 12555-RACHEL CONTRACfING,INC Total: 1,596.24
Vendor:12576-RED RIVER FLAGS
170377 10/29/2015 1808 REPAIR FLA65,MN FLAG 101-3110-635100 Mun Ctr/Srvu Contracted,No... 107.00
Vendor 12576-RED RIVER FLAGS Total: 107.00
Vendor:11907-ROCK SOLID LANDSCAPE&IRRIGATION
N170354 10/29/2015 7721 LAWN ABATEMENT 101-5112-635100 Planning/Services Contreded,... 70.00
170453 11/OS/2015 7610,7649,7608 LAWN MOWING ABATEMEN75 101-5112-635100 Planning/Services Contrected,... 210.00
Vendor 11907-ROCK SOLID LANDSCAVE&IRRIGATION Totai: 280.00
Vendor:11931-ROGNE55,TARA
170454 11/OS/2015 INV0002712 MEMBERSHIP,REGISTRATION 270-4190-632120 SNC/Conferences&School 185.00
Vendor 11911-ROGNESS,TARA Total: 185.00
Vendor:11918-ROSEVILLE,CITY OF
170455 il/OS/2015 220789 NOV INTERNET CONNECTION... 101-1314-633120 IT/Comm(phones,postage,et... 550.00
Vendor 31918-ROSEVILLE,CITY OF Total: 550.00
Vendor:11934-S.C.T.INSPECTIONS
170355 10/29/2015 INV0002536 INSPECTION SERVICES 101-5110-635100 Bldg Inspect/Srvc Contrected,... 20,575.00
Vendor 11934-S.C.T.INSPECTIONS Total: 20,575.00
Vendor:11952-SAM'S CLUB
170356 10/29/2015 INV0002537 RETIREMENTSUPPLIES 101-2110-621130 Police/OperatingSupplies 78.18
170356 10/29/2015 INV0002537 ZONE SUPP�IES 101-4309-621130 Rec Zone/Opereting Supplies 833.72
170356 10/29/2015 INV0002537 STAMPS 227-4100-633120 Rec/Communication(phones,... 81.86
170356 10/29/2015 INV0002537 PUMPKIN NGHT SUPPLIES 270-4192-621130 SNC Spec Events/Operating Su... 212.57
170356 10/29/2015 INV0002537 KICK OFF SUPPLIES 851-232400 Sr-Advisory//Due to other Age... 57.97
Vendor 11952-SAM'S CLUB Total: 1,264.30
11/5/2015 10:00:53 AM Page 12 of 20
Claims Council 11/09/15 Vayment Dates:30/26/2015-11/6/2015
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
Vendor:11966-SCNIFSKY&SONS INC
170357 10/29/2015 58907 ASPHALT 101-3176-621140 Garage/Supplies for Repair&... 385.71
170456 li/OS/2015 58907,58954 A/C SANO MIX 1013174-621140 Streets/Supplies for Repair&... 161.90
170456 11/OS/2015 58907,58954 A/C SAND MIX 101-3174621140 Streets/Supplies for Repair&... 385.71
Vendor 11966-SCHIPSKY&SONS INC Total: 93332
Vendor:12005-SHORT ELLIOTT HENDRICKSON INC
170358 10/29/2015 305258 ANTENNA PROJECT 101-3140-631100 Eng/Professional Services 3,870.14
Vendor 12005-SHORT ELLIOTT HENDRICKSON INC Total: 3,870.14
Vendor:12567-SPENCER,LAURA
170469 11/OS/2015 INV0002733 SCHL REIMB CODES/INSPECTi... 101-1410-632120 Non-dept/Conferences&Scho... 519.24
Vendor 12567-SPENCER,LAURA Total: 519.24
Vendor:12113-STRAUGHAN HARDWARE,INC
170457 11/OS/2015 231500 KEYWAY,KEYING CHARGE 101-4100-621130 Rec/Operating Supplies 42.00
Vendor 12113-STRAUGHAN HARDWARE,INC Total: 42.00
Vendor:12147-T.A.S.C.
170359 10/29/2015 638935,934 COBRA ADMIN,REfIREE ADMI...704-7130-631300 Self Ins/Professional Services 168.30
Vendor12147-T.A.S.C.ToWI: 168.30
Vendor:12179-THOMPSON,CONNIE
170360 10/29/2015 INV0002541 REIMBMILEAGE 101-4150-632110 SrCenter/Transportation 152.95
Vendor 12179-THOMPSON,CONNIE Total: 152.95
W Vendor:12182-THOMSON REUTERS-WEST
170361 10/29/2015 832671511 WEST INFORMATION CHARGES..301-2110-635100 Police/Services Contrected,N... 154.17
Vendor 12182-THOMSON REUTERS-WEST Total: 154.17
Vendor:12195-TfTAN MACHINERY
170362 10/29/2015 6783327 BATTERY CABLES SOS-141040 Inventory-Misc.Parts 226.48
Vendor 12195-TITAN MACHINERY Total: 226.48
Vendor:12236-TRI-LAND PROPERTIES-ZCOF TL FRIDLEY
170363 10/29/2015 INV0002543 NOV LEASE PMT 3047-OOOSA-... 609-6930-635110 Liq Storel-Cub/Rentals 14,675.03
Vendor 12236-TRI-LAND PROPERTIES-ZCOF TL FRIDLEY Total: 14,675.03
Vendor:12243-TRUGREEN{HEMLAWN
170364 10/29/2015 40132081 WEED N FEED 101-2510-635100 Fire/Services Contracted,Non-... 181.00
Vendor 12243-TRUGREEN-CNEMLAWN Total: 181.00
Vendor:12246-TINENTY-FOUR RESTORE
170458 11/OS/2015 151478MIT WATER DAMAGE SERVICES 602-6210-635100 Sewer Ops/Services Contracte... 5,028.00
Vendor 12246-TWENTY-FOUR RESTORE ToW I: 5,028.00
Vendor:12443-U.S.BANK TRUST(HSA)
DFf0000236 11/06/2015 INV0002603 HSA savings acd-employee c...703-213340 Health Care Spending 1,770.55
DFT0000237 11/06/2015 INV0002604 HSA savings acct-employer a... 301-213150 HRA/Veba&HSA Benefit-Heal... 1,500.00
Vendor 12443-U.S.BANK TRUST(HSA)Total: 3,270.55
11/Sj2015 10:00:53 AM Page 13 of 20
Claims Council 11/09/15 Payment Dates:10/26/2015-11/6/2015
Payment Number Payment Date Payable Number Oescription(Item) Aaount Number Account Name (None) Amount
Vendor:12265-U.S.DEPARTMENT OF EOUCATION
170390 11/03/2015 INV0002618 US Dept of Ed garnishment 101-213310 Garnishments Withheld 221.09
Vendor 12265-U.S.DEPARTMENT OF EDUCJITION ToW I: 221.09
Vendor:12286-UNITED WAY
170391 11/03/2015 INV0002617 Bi-weekly payroll contributions 101-213120 Charitable Contributions 20.00
Vendor 12286-UNITED WAY ToW I: 20.00
Vendor:12300-VADOS BAIT/FISHER
170459 11/OS/2015 46605,46603 BAIT 270-4190-621130 SNC/Opereting5upplies 112.40
Vendor 12300-VADOS BAIT/FISHER Total: 112.40
Vendor:12333-VOIGTS BUS SERVICES INC
170460 li/OS/2015 613,93436 VOUTH TRIP TRANS 101-4113-632110 Rec-Youth Trips/Transportation 1,26237
170460 11/OS/2015 69991 PUMPKIN NIGHT SHUTTLE 270-4192-635300 SNC Spec Evenu/Services Cont... 288.56
Vendor 12333-VOIGT'S BUS SERVICES INC Total: 1,550.93
Vendor.12343-W.S.B.&ASSOCIATES INC
170461 11/OS/2015 8 MAINTSUMMITSQPRK 4063174-631100 Streets/ProfessionalServices 319.50
Vendor 12343-W.S.B.&ASSOCIATES INC Total: 319.50
Vendor:12352-WALTERS RECYCLING&REFUSE SERVICE
170365 30/29/2015 910,136,476 REFUSE HAULING MOORE LK 1013172-635100 Parks/Services Contrected,No... 35.87
170365 30/29/2015 910,136,476 REFUSE HAULING PRKS CREDIT 101-3172-635100 Parks/Services Contraded,No... -127.81
170365 10/29/2015 910,136,476 REFUSE HAULING GARAGE 1013176-635100 Gare,ge/Services Contraded,... 581.75
� 170365 10/29/2015 910,136,476 REFUSE HAULING NC 270-4190-635100 SNC/Srvc Contracted Non-prof..: 118.26
Vendor 12352-WALTERS REGYCLING&REFUSE SERVICE Total: 608.07
Vendor:12360-WATER CONSERVATION SERVICE,INC
170366 10/29/2015 6342 LEAK LOCATE 601-6210-635100 Water Ops/Services Contracte... 355.75
Vendor 12360-WATER CONSERVATION SERVICE,INC Total: 355.75
Vendor:12572-WILSON,RO55
170373 10/29/2015 INV0002553 GREA7 DECISIONS SPEAKER 851-4150-635100 Sr Advisory/Services Contracted 75.00
Vendor 12572-WIl50N,RO55 Total: 75.00
Vendor:12402-XCEL ENERGY
170367 10/29/2015 INV0002547 U7ILITIES476012944 101-2154-634100 EM Warning Siren/Utilities 53.94
170367 30/29/2015 INV0002547 U7ILITIES-476180602 101-2510-634300 Fire/Util'rty5ervices 291.12
170367 SO/29/2015 INV0002547 UTILITIES-476206333 101-3170-634100 Lighting/UtilityServices 15,914.02
170367 10/29/2015 INV0002547 UTILITIES-476007441 SOS-3176-634100 Garage/UtilityServices 17.12
170367 10/29/2015 INV0002547 UTILITIES-47692611 270-4190-634100 SNC/Utility Services 688.19
170367 10/29/2015 INV0002547 UTILITIES-476191417 602-6210-634100 SewerOps/Utility5ervices 1,378.93
170367 10/29/2015 INV0002547 UTILITIES-476184058 603-6210-634100 Storm Ops/Util'rty Services 154.71
170462 11/OS/2015 476856383 U7ILITIES 101-3172-634100 Parks/UtilityServices 26.70
Vendor 12402-XCEL ENERGY Total: 18,524.73
Vendor:12411-VALE MECHANICAL INC
170368 10/29/2015 151160 REPLACE BOILER COMMONS... 601-6310-635100 Water Capital/Srvc Contrected,.. 41,990.00
170463 11/OS/2015 162392 SEPT MAINT 301-3110-635100 Mun Ctr/Srva Contraded,No... 5,647.61
li/5;2015 id;00:53 AM Page 14 of 20
Claims Council il/09/15 Payment Dates:l0/26/2015-11/6/2015
Payment Number Payment Date Payable Number Description(Item) Account Number Acwunt Name (None) Amount
170463 11/OS/2015 163935 EXHAUST FAN REPAIRS 101-3110-635100 Mun Ctr/Srvcs Contraded,No... 713.68
170463 li/OS/2015 164408 VAV BOX TIME SCH REMOVED 101-3110-635100 Mun Ctr/Srvu Contracted,No... 239.50
Vendor 12411-YALE MECHANICAL INC Total: 48,590.79
Vendor:12420-ZARNOTH BRUSH WORKS,INC
170464 11/OS/2015 157204 GUTTER BROOMS 1013174-621140 Streets/Supplies for Repair&... 1,077.00
Vendor 12420-2ARNOTH BRUSH WORKS,INC Total: 1,077.00
Vendor:12428-ZIEGLER INC
170465 11/OS/2015 F9837501 AIR COMPRESSOR RENTAL 101-3172-635110 Parks/Rentals 1,940.00
Vendor 12428-ZIEGLER INC Total: 1,940.00
Grand Total: 971,637.48
J
�
11JSJ2015 iQ:00:53 AM Page 15 of 20
Claims Council 11/09/15 Payment Dates:10/26/2015-11/6/2015
Report Summary
Fund Summary
Fund Payment Amount
101-GENERAL fUND 597,286.40
225-CABLE N FUND 7qg,gg
227-GRANT MANAGEMENT FUND 81.86
237-SOLIDWASTEABATEMENT , 1,836.43
260-POLICE ACTIVITY FUND 261.53
270-SPRINGBROOK NC FUNO 4,992.74
405-CAPITAL IMPROVEMENTS-BLDG 8,539.51
406-CAPITAI IMPROVEMENTS-STR 18,371.16
407-CAPITAL IMPROVEMENTS-PKS 42,441.70
410-CAPITAL EQUIPMENT FUND 74,505.75
601-WATER FUND 118,798.16
602-SEWER FUND 39,750.99
603-STORM WATER FUND 174.66
609-MUNICIPAL LIQUOR 54,361.77
703-EMPLOYEE BENEFITS 1,770.55
704-SELF INSURANCE fUND 1,66830
806-HOTEL/MOTEL TAX 5,626.28
851-Senior-Advisory Council 420.81
Grend Total: 971,637.48
J
01
Account Summary
Account Number Acwunt Name Payment Amount
101-1110-632120 Legislative/Conferences&... 4p.pp
101-1210-633120 Gen Mgmt/Communicati... 1,998.95
SO1-1212-631100 HR/ProfessionalServices 7,756.25
101-1214-631100 Legal/Professional5ervices 30,942.84
101-1216-633110 Eledions/Printing&Bindi... 32.06
101-1310-633100 Accounting/Advertising 178.50
101-1312-621100 Assessing/Fuels&lubes 2.48
301-1314-633120 IT/Comm(phones,postag... 693.95
101-1314-635100 IT/Srvc Contreded,Non-p... 293.08
101-141010 Inventory-Gasoline 5,399.82
101-143020 Inventory-Motor Oil/Gre... 1,843.00
SOS-141040 Inventory-Misc.Parts 1,962.47
101-1410-632120 Non-dept/Conferences&... 1,038.48
101-1410-633120 Non-dept/Communication 129.98
101-203130 Surtax 4,911.96
101-2110-621130 Police/Clothing/Laundry A.. 470.00
501-2110-621130 Police/Operating Supplies 78.18
101-2110-621150 Police/Tools&Minor Equ... 67.95
il/5j2015 10:00:53 AM Page 16 of 20
Claims Council 11/09/15 Payment Dates:10/26/2015-li/6/2015
Account Summary
Account Number Account Name Payment Amount
101-2110-631100 Police/Professional Servic... 8034
501-2110-632130 Police/Trensportation Z7.pp
101-2110-632120 Police/Conferences&Sch... 403.60
101-2110-633120 Police/Communication(p... 3,195.03
101-2110-635100 Police/Services Contracte... 8,959.67
101-2113-621130 K-9Program/Opereting5... 44.77
101-2113-621150 K-9 Program/Tools&Min... 106.95
101-212300 Federal Tax Withheid 48,502.48
101-212110 State Tax Withheld 18,547.65
301-212120 FICA Payable 31,938.60
101-212130 Medicare Payable 12,715.94
101-213100 PERA 72,080.80
101-213120 Charitable Contributions 55.00
101-213130 Minnesota Benefit 45.84
101-213140 Health Insurance 40,607.16
101-213150 HRA/Veba&HSA Benefrt-... 2,700.00
101-213160 Dentalinsurance Payable 2,841.25
101-213180 PERA lffelnsurance 832.00
101-213210 Union Dues-Police 1,692.00
� 101-213230 Union Dues-Fire 90.00
J 101-213260 Deferred Comp:ICMA 457.. 35,298.92
101-213270 ICMA Roth IRA 1,779.00
101-213280 RHS Plan�1CMA) 225.00
101-213290 Fire Relief Dues Withheld 825.00
SOS-213300 Child Support Withheld 1,404.43
101-213310 Garnishmenu Withheld 221.09
101-213330 Fridley Police Association 84.00
101-2150-633120 EM/Communication(phon... 115.20
101-2150-635100 EM/Srvc Contrected,Non... 5.23
101-2154-634100 EM Warning Siren/Utilities 53.94
101-221300 Deposits 4pp.pp
101-2510-613120 Fire/Fire Pension Contribu... 146,648.35
301-2510-621130 Fire/Operating Supplies 134.94 '
SOS-2510.621140 Fire/Supplies for Repair&... 82.41
101-2530-632100 Fire/Dues&Subscription,... 200.00
SOS-2510-632120 Fire/Conferences&School 200.00
101-2530-633120 Fire/Communication(pho... 293.24
SO1-2510-634100 fire/UtilityServices 291.12
101-2530-635100 Fire/Services Contracted,... 2,101.00
101-3130-635100 Mun Ctr/Srvcs Contraded,.. 9,851.25
SOS-3140-631100 Eng/Professional5ervices 3,870.14
101-3140-633120 Eng/Communication(pho... 401.67
lil5/2015 10:00:53 AM Page 17 of 20
Claims Counci111/09/15 Payment Dates:10/26/2015-11/6/2015
Account Summary
Account Number Account Name Payment Amount
101-3140-635100 Eng/Services Contraded,... 5.00
101-3170-621130 Lighting/Operating Suppli... 263.57
101-3170-621140 Lighting/Supplies for Repa... 157.60
101-3170-634100 Lighting/Utility Services 15,914.02
101-3172-621140 Parks/Supplies for Repair... 3,868.04
101-3172-621150 Parks/Tools&Minor Equi... 470.01
101-3172-633120 Parks/Communication(p... 290.46
101-3172-634100 Parks/Utility Services 26.70
SOS-3172-635100 Parks/Services Contreded... 7,828.06
101-3172-635110 Parks/Rentals 1,940.00
1013174-621140 Streets/Supplies for Repai... 3,41938
1013174-621150 Streeu/Tools&Minor Equ.. 79.20
101-3174-633120 Streets/Communication�... 491.69
101-3176-621140 Garage/Suppfies for Repai... 2,053.06
101-3176-632100 Garage/Dues&Subscripti... 3,470.17
1013176-632110 6arege/Tra�sportation 2133
101-3176-633120 Garage/Communication(... 172.99
301-3176-634100 Garege/Utility Services 17.12
101-3176-635100 Garage/Services Contrad... 1,871.75
101-4300-621130 Rec/Opereting Supplies 42.00
� 301-4100-633120 Rec/Communication(pho... 11233
00
101-4300-635300 Rec/Services Contraded,... 142.00
101-4100-638180 Rec/Pmu to Other Agenci... 8,050.00
101-4106-635300 Rec Rocks/Services Contr... 1,764.00
101-4109-621130 Rec Zone/Operating Suppl... 833.72
101-4109-633120 Rec Zone/Communication.. 24.00
101-4113-632110 Rec-Youth Trips/Transpor... 1,26237
101-4150-632110 SrCenter/Transportation 152.95
101-4150-633120 SrCenter/Communication 47.00
101-4151-459100 SrTrips/Program Revenue 280.00
101-5110-621130 Bldg Inspect/Opereting 5... 3,501.83
101-5110-633120 Bldg Inspect/Comm.(pho... 100.00
101-5110-635100 Bldg Inspect/Srvc Contrac... 30,116.20
SO1-5112-632110 Planning/Trensportation 16.75
101-5112-633100 Planning/Advertising 135.60
101-5112-633120 Planning/Communication... 54.59
101-5112-635100 Planning/Services Contrec... 280.00
101-5114-431200 Rentallnspect/RentalHou.. 120.00
101-5114-633120 Rental Insped/Comm�ph... 98.95
225-1219-631300 CableN/Professional5er... 385.50
225-1219-633120 Cable N-City Chn/Comm... 48.95
225-1219-635100 Cable N-City Chn/Srv Con._ 314.43
11/5/2015 10:00:53 AM Page 18 of 20
Claims Council 11/09/15 Payment Dates:10/26/2015-11/6/2015
Account Summary
Account Number Acmunt Name Payment Amount
227-4100-633120 Rec/Communication(pho... 81.86
237-5118-633100 Recycling/Advertising 733.00
237-5118-635100 Recycling/Services Contra... 1,103.43
, 260-2114-632110 Police PSDS/Transportati... 177J9
260-2114-633120 Police PSDS/Communicati... 83.74
270-4190-621130 SNC/Opereting Supplies 112.40
270-4190-621140 SNC/Supplies for Repair&... 1.50
270-4190-632120 SNC/Conferences&School 185.00
270-4190-633120 SNC/Comm,(phones,pos... 42.71
270-4190-634100 SNC/Utility Services 881.28
270-4190-635100 SNC/Srvc Contracted Non... 118.26
270-4190-638140 SNC/Miscellaneous 18.26
270-4192-621130 SNC Spec Events/Operati... 2,439.57
270-4192-635100 SNC Spec Events/Services... 288.56
270-4192-635110 SNC Spec Events/Rentals 90510
405-3115-631100 BldgCapProj/Professional.. 598.94
405-3115-635100 Bidg Cap Proj/Srvc Contra... 7,940.57
406-3174631100 Streets/Professional5ervi... 9,175.00
406-3174-635100 Streets/Services Contract... 9,196.16
407-3172-631100 Parks/ProfessionalServices 42,221.70
� 407-3172-635110 Parks/Rentals 220.00
41a2110-703100 Police/Machinery 74,505.75
601-6210-481100 Water Ops/Water Sales -103.76
601-6210-481420 Water Ops/Meter Sales 1,700.00
601-6210-621140 Water Ops/Supplies for R... 4,346.66
601-6210-621150 Water Ops/Tools&Minor... 10.96
601-6210-633120 WaterOps/Communicati... 358.57
601-6230-635100 Water Ops/Services Contr... 70,177.13
601-631a621140 Water Capital/Supplies for.. 318.60
601-6310-635300 Water Capital/Srvc Contra... 41,990.00
602-232310 Due to-Govts/Sewer(SAC) 31,981.95
602-6210-621140 Sewer Ops/Supplies for R... 9.57
602-6210-621150 Sewer Ops/Tools&Minor... 985.20
602-6210-633120 SewerOps/Communicati... 36234
602-6210-634100 Sewer Ops/Utility Services 1,378.93
602-6210-635100 Sewer Ops/Services Contr... 5,033.00
603-6210.621140 Storm Ops/Supplies for R... 19.95
603-6210-634300 Storm Ops/Utility Services 154.71
609-144030 Beer ili(Cub Location) 30,750.00
609-144040 Misc.#1(Cub Location) 50.80
609-145030 Beer#2(Highway 65) 8,280.00
609-145040 Misc.#2(Highway 65) 26.25
11/5;2015 iQ:00:53 AM Page 19 of 20
Claims Council 11/09/15 Payment Dates:30/26/2015-11/6/2015
Account Summary
Account Number Account Name Payment AmouM
609-6910-635100 Liq Storel-Cub/Srvu Cont... 43.50
609-6910-635110 Liq Storel-Cub/Rentals 14,675.03
609-6920-631100 Liq Store 2-65/Professiona.. 360.00
609-6920-635100 Liq Store 2-65/Srvc Contra... 176.19
703-213340 Health Care Spending 1,770.55
704-7130-631100 Self Ins/Professional Servi... 16830
704-7130-635100 Setf Ins/Srvcs Contrected,... 1,500.00
806-203120 Hotel/Motel Tax 5,626.28
851-232400 Sr-Advisory//Due to other... 345.81
851-4150-635100 Sr Advisory/Services Cont... 75.00
Grond Total: 971,637.48
Projed Account Summary
Project Auount Key Payment Amount
"None" 714,125.85
317201 290.46
317401 491.69
40515438 598.94
40515461 7,940.57
00 4061121 8,383.41
� 4061501 9,987.75
40715389 42,441.70
4301521 74,SOSJS
410601 1,764.00
419202 3,420.76.
60115468 42,308.60
60115477 63,518.00
60915442 360.00
7041506 1,500.00
Grend Total: � 971,637.48
li/5;2015 10:00:53 AM Page 20 of 20
-� CITY COUNCIL MEETING OF
Y P�'�' NOVEMBER 9, 2015
�
BUSINESS LICENSE LIST �
Type of License Applicant Staff Approval
Massage Therapy Emily Hoa City Clerk
Lifetime Fitness Public Safety Director
1200 E Moore Lake Drive
Solicitor Aspen Exteriors Inc Public Safety Director
Ramsey,MN
Justin Mei and Kameron Johnson Applicants
81
A - AGENDA ITEM
`�F�ey CITY COUNCIL MEETING OF NOVEMBER 9, 2015
LICENSES
Contractor T e A licant A roved B
Sna Constructin Commercial or S ecial R an Nelson Ron Julkowski,CBO
EDS Builders Inc Commercial or S ecial Earl M Smith Ron Julkowski,CBO
Le ac Com anies Gas Service Clint Anderson Ron Julkowski,CBO
Rose Ci Si Co Inc Si Erector Shell Maschler Ron Julkowski,CBO
Pierce Refri eration Gas Service Trisha Rustad Ron Julkowski,CBO
Pierce Refri eration HVAC Trisha Rustad Ron Julkowski,CBO
Seri a hics Si S stems Si Erector Moll Auseth Ron Julkowski,CBO
Christians Inc Commercial or S ecial Russell Mork Ron Julkowski,CBO
I awe&Associates Commercial or S ecial Simon I awe Ron Julkowski,CBO
Grant Heatin &Air HVAC Chris Grant Ron Julkowski,CBO
BWE Construction CO Commercial or S ecial Bruce Emerson Ron Julkowski,CBO
Air Comfort Heatin &AC HVAC James Hazeman Ron Julkowski,CBO
Carter Custom Construction Gas Service Benn Carter Ron Julkowski,CBO
Rickert Heatin &AC Inc HVAC Brian Rickert Ron Julkowski, CBO
The Fire lace Gu s Gas Service Wa e Wisner Ron Julkowski,CBO
The Fire lace Gu s HVAC Wa e Wisner Ron Julkowski,CBO
DeMars Si s Si Erector Candice DeMars Ron Julkowski,CBO
Desi er Si S stems Inc Si Erector Lori DeB Ron Julkowski,CBO
Co eland Buildin Co Commercial or S ecial Rob Co eland Ron Julkowski,CBO
Master Gas Fitters HVAC Dan Perziccilk Ron Julkowski,CBO
RJM Printin Si Erector Bob Molacek Ron Julkowski,CBO
Cool Air Mechanical HVAC Chuck Worms Ron Julkowski,CBO
Cool Air Mechanical Gas Service Chuck Worm Ron Julkowski,CBO
Si crafters Outdoor Si Erector G Johnson Ron Julkowski,CBO
Tradewinds Heatin AC&Fire lace Gas Service Earl Petersen Ron Julkowski,CBO
Tradewinds Heatin AC&Fire lace HVAC Earl Petersen Ron Julkowski,CBO
MWJ Heatin &Coolin HVAC Mark Johnson Ron Julkowski,CBO
MWJ Heatin &Coolin Gas Service Mark Johnson Ron Julkowski,CBO
Central Roofm Commercial or S ecial John W oo Ron Julkowski,CBO
To Do Mechanical Gas Service Dan Pufahl Ron Julkowski,CBO
Linn Star Transfer Gas Service Charles Gaberclik Ron Julkowski,CBO
Associated Mechanical HVAC M Lemke Ron Julkowski,CBO
O timum Mechanical S stems Gas Service Rand Peterson Ron Julkowski,CBO
O timum Mechanical S stems HVAC Rand Peterson Ron Julkowski,CBO
L S Black Constructors Commercial or S ecial Jamie Reddin Ron Julkowski,CBO
All Wa s Plumbin Gas Service Joe Ber Ron Julkowski,CBO
West End Remodelers Roofin Brian Skoo Ron Julkowski,CBO
BAC Construction Roofin Melissa Kittok Ron Julkowski,CBO
ASAP Under ound LLC Excavatin Ton Brad Ron Julkowski,CBO
82
� AGENDA ITEM
Fridley CITY COUNCIL MEETING OF NOVEMBER 9, 2015
LICENSES
To: Walter T. Wysopal, City Manager
Mayor and City Council
From: Scott Hickok, Community Development Director
Deb Biorn, Rental Property Inspections
Date: November 4, 2015
Re: Annual Renewal of Licenses
AGENDA ITEM
CITY COUNCIL MEETING
Attached is a list of 67 properties that have submitted a rental license application,paid all fees
related to license renewal, and completed the rental inspections process.
The Rental Property Inspections Division of Community Development recommends that the City
Council approves the issuance of the rental licenses for these properties.
83
Ready for Certificate Renewal List
The properties listed below meet the rental property guidelines according to Chapter 220 of the Fridley Ciry Code
Property Id Property Address Units Owner
1123 6541 2nd St. NE 6 James&Jean Johnson
1157 5320 4th St. NE 4 Richard Perkovich
2220 5738 4th St. NE 1 Chelsy Cornilsen
1174 5900-02 4th St. NE 2 Hoa Chen
1176 5924-26 4th St. NE 2 Shawn Briggs
1188 390 57th PI. NE 4 Daniel O'Neil
1200 5365-67 5th St. NE 2 Esso Properties, LLC
1201 5373-75 5th St. NE 2 Joel Hansmann
1193 5400 5th St. NE 4 Todd Ellestad
1195 5420 5th St. NE 4 Shoua Yang/Ma Her
1197 5430-32 5th St. NE 2 Salvation Army Harbor Light Ctr
1217 110 61stAve. NE 8 Herman & Marlene Rice Family
1677 505 66th Ave. NE 1 Joyce Larson
1253 1200 72nd Ave. NE 42 Rustic Oaks Apartments
1258 1580-84 73 '/z Ave. NE 2 Mozafar Chehrazi
1270 370-372 74th Ave. NE 2 Jugal Agarwal
1274 181 79th Way NE 8 John Gutmanis
1275 211 79th Way NE 8 John Gutmanis
1276 231 79th Way NE 7 John Gutmanis
1296 7313-15 Able St. NE 2 David Halek
1581 7401-03 Able St. NE 2 Thomas Bui
2145 7430 Able St. NE 1 Youko M Shannon
1061 5960-80 Anna Ave. NE 34 Riverwood Rentals, LLC
1318 5701 Central Ave. NE 32 Moore Lake Apts, LLC
2129 5787 Central Ave. NE 1 Thinh Hhynb/GLT Prop. LLC
2278 5527 E Bavarian Pass 1 Kent Mollberg
1041 5720 East River Rd. 42 Georgetown Court Apartments
1042 5780 East River Rd. 42 Georgetown Court Apartments
1546 5940 East River Rd. 12 Mathew& Peggy Kukielka
1352 1301-03 Fireside Dr. NE 2 Gary Muske
1732 501 Glencoe St. NE 1 John Kinkeade
1671 105 Hartman Circle 1 Tom Kimlinger/Lisa Giancola-
1956 6988 Hickory Dr. NE 1 Joseph Hoffman
1661 7340 Jackson St. NE 1 Margaret A. Brough Trust
1777 554 Lafayette St. NE 1 JYM Properties, LLC
1890 144 Longfellow St. NE 1 James L Wodziak
1375 995 Lynde Dr. NE 32 Moore Lake Apts, LLC
2290 7539 Lyric Ln. NE 1 Jim Milich
1387 6711-15 Main St. NE 2 Michael Whalen
1617 1378 Meadowmoor Dr. NE 1 Abdalla Omar
1662 772 Mississippi St. NE 1 A& M Real Estate Serv
1742 1513 N Innsbruck Dr. 1 PK Investments Properties
2301 1601 N Innsbruck Dr. (150) 1 Sheila Bennett Kilander
1663 1601 N Innsbruck Dr. (176) 1 Lisa Ost
2065 1601 N Innsbruck Dr. (186) 1 Judy 8�Curt Rupert
2219 1601 N Innsbruck Dr. (212) 1 Xiaoyun Fu
1967 1601 N Innsbruck Dr. (218) 1 Brian J Najarian
1401 1601 N Innsbruck Dr. (253) 1 Olav Maehle
2144 1601 N Innsbruck Dr. (281) 1 Lisa Riddle
1590 1601 N Innsbruck Dr. (304) 1 Olav Maehle
84
2284 1601 N Innsbruck Dr. (305} 1 JC Gemini III LLC
1666 1601 N Innsbruck Dr. (307) 1 Margaret Thompson
1667 1601 N Innsbruck Dr. (338) 1 Margaret Thompson
2214 1518 N Timber Ridge NE 1 JIK Properties LLC
1604 1130 Norton Ave. NE 1 Sinan Music
1951 1284 Norton Ave. NE(204) 1 Rahhal Hamimoune
1831 730 Overton Dr. NE 1 Schmidt Properties
1656 5210 Pierce St. NE 1 ZSR Properties
2208 6389 Pierce St. NE 2 Shawn Briggs
2217 209 Rice Creek Blvd. NE 1 Louis/William Kahnk
1684 1385 Skywood Ln. NE 1 Dave&Carole Steele
2102 280 Sylvan Ln. NE 1 Randall I Hershberger
1670 137 Talmadge Way NE 1 Arno{d & Nola Gilbertson
2287 6434 Taylor St. NE 1 Jared&Jacqueline Lalonde
2294 7337-39 University Ave NE 2 Herman Capital Corp/Pro Realty
1460 7397-99 University Ave NE 1 Vincent Oan
1664 110 Ventura Ave. NE 1 Darrell &Anne Kudebeh
Total 67 �
SS
� AGENDA ITEM
�
�"'' CITY COUNCIL MEETING OF NOVEMBER 9, 2015
Fridley
ESTIMATES
Keys Well Drilling Company
1156 Homer Street
St. Paul, MN 55116-3232
2015 Well Rehabilitation Project No. 448
EstimateNo. 3 ................................................................................. $ 27,265.00
Kuechle Underground, Inc.
P.O. Box 509
Kimball, MN 56302
2015 Street Rehabilitation Project No. ST2015-01
EstimateNo. 3 ................................................................................. $344,924.47
RJ Marco Construction, Inc.
75 West Viking Drive, Suite 104
Little Canada, MN 55117
2015 Springbrook Nature Center Boardwalk
Replacement Project No. 443
FINAL ESTIMATE NO. 2 ................................................................. $ 27,750.35
86
= AGENDA ITEM
� `�� CITY COUNCIL MEETING OF
Fridley
November 9, 2015
Date: November 5,2015
To: Walter T. Wysopal,City Manager
From: Scott Hickok,Community Development Director
Julie Jones,Planning Manager
Stacy Stromberg,Planner
Katie Smet,Planning Intern
Subject: Public Hearing regarding TA#15-04, Chapter 205,Zoning
Background
For the past few years, City Staff has been drafting proposed language for Chapter 205, Zoning
Code. The purpose of modifying Chapter 205 is to clarify the variance and appeals procedures, to
provide a process by which property owners may be able to expand legally non-conforming
structures, and to update definitions and existing language.
In order to make the Zoning Code more uniform and clear, new definitions have been added to
Section 205.03. These new definitions are used in other sections and chapters of City Code and
were not originally defined in Chapter 205. New definitions include: "assembly facility", "expansion",
"fence", "garage sale", "manufactured home", "public-right-of-way", "trucking terminal", and "zero lot
line". Some existing definitions have also been modified to match state building code and state
statute definitions and requirements. In addition, a diagram has been created for the definition,
"vision safety", to provide a clearer example for the term's description.
Under Section 205.04.3.F, City Staff is proposing an Administrative Non-Conforming Expansion
Permit that would provide a process by which property owners may be able to expand legally non-
conforming structures if they meet permit requirements. Important to note is that the expansion
permit would only allow property owners to expand sections of their building where the expansion
conforms to setback requirements, lot width, height, and other zoning code requirements.
Furthermore, some sections of Chapter 205 have been modified to organize and provide a clearer
understanding of City Code requirements. Specifically, Section 205.04.8, "Multi-Story Parking
Structures", has been retitled to "Parking Standards" and provides information on parking
structures, parking dimensions, and angled parking. Likewise, in sections 205.05.6 and Section
205.05.7, the variance and appeal procedures have been separated into two different sections to
clarify and differentiate the variance and appeal processes. Most importantly, by putting appeals
into its own section, it is clearer to readers that property owners who appeal a code enforcement
decision made by the Planning Commission to the City Council can only go through a review
process rather than a second hearing. Lastly, Section 205.05.10 simplified the right-of-
way/easement vacation process.
87
Planning Commission Recommendation
At the October 21, 2015, Planning Commission meeting, a public hearing was held for TA#15-04,
November 9, 2015. No one from the public addressed the Planning Commission on this
amendment. Overall, the commission was in agreement with the proposed amendment. The
Planning Commission recommended approval of the text amendment as proposed.
THE MOTION WAS APPROVED UNANIMOUSLY.
Staff Recommendation
City staff recommends concurrence with the Planning Commission and that the Council hold the
public hearing for TA#15-04. The first reading is scheduled for November 23, 2015, unless
otherwise directed by CounciL
88
Ordinance No.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 205. ZONING; SECTION 205.03
DEFINITIONS; SECTION 205.04 GENERAL PROVISIONS; SECTION 205.05
ADMINISTARTION AND ENFORCEMENT; AND SECTION 205.06
ESTABLISHMENT OF DISTRICTS OF THE FRIDLEY CITY CODE
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
Section 1: That Chapter 205, Section 205.03 of the Fridley City Code be hereby amended
as follows:
205.03. DEFINITIONS
For the purpose of this Chapter certain terms and words are hereby defined: Words used in the
present tense shall include the future; words in the singular include the plural, and the plural the
singular; the word "building" shall include the word "structure"; and the word "lot" shall include
the word "plot"; and the word "shall" is mandatory and not directory; and the word "including"
shall mean"including, but not limited to".
1. Accessory Building or Use.
A subordinate building or use which is located on the same lot as the principal building or use
and is necessary or incidental to the conduct of the principal building or use.
2. Alley.
A public right of way less than thirty (30) feet in width which affords secondary access to an
abutting property.
3. Alternate Energy Devices.
Non-fossil fuel energy devices.
4. Apariment.
A room or suite of rooms in a multiple dwelling which is arranged, designed, used or intended to
be used as a dwelling unit for one(1) family.
5. Assembl Facilitv_
A facilitv available for nrivate events such as weddings conferences or meetin s This
definition does not include rental for uses that are open to the eneral uublic
89
Ordinance No.
36. Automobile Service Station.
A place where fuel and other essential services related to the operation of motor vehicles are
retailed directly to the public. This does not include motor vehicle repair.
67. Bicycle Lanes And Ways.
A bicycle lane is any portion of a roadway set aside for the exclusive use of bicycles or other
vehicles propelled by human power and so designated by appropriate signs and markings. A
bicycle way is a path, sidewalk or portion thereof designated for use by bicycles or other vehicles
propelled by human power.
�8. Block.
That property abutting on one side of a street and lying between the two (2) nearest intersecting
or intercepting streets or nearest intersecting or intercepting street and railroad right of way,
waterway, or other barrier to or gap in the continuity of development along such street.
S9. Boarding, Rooming or Lodging House.
Any dwelling where meals and lodging for compensation are provided for five (5) or more
people who are not members of the principal family.
310. Boulevard.
That area between the street surfacing or curb and the public right-of-way line.
191. Building.
Any structure having walls and a roof, built for the shelter or enclosure of persons, animals or
property of any kind.
1-�2. Building Height.
The vertical distance measured from the average elevation of a finished grade at the front of the
building to the highest point in the case of a flat roof; to the deck line of a mansard roof; and to
the mean distance between eaves and ridge of a gable,hip or gambrel roof.
1�3. Business.
Any occupation, employment or enterprise wherein merchandise is exhibited or sold or which
occupies time, attention, labor or materials or where services are offered for compensation.
90
Ordinance No.
1�4.Church.
A building where persons regularly assemble for religious worship and which is maintained and
controlled by a religious body organized to sustain public worship.
145.Commercial Recreation.
A place where leisure time activities are offered to the general public for a fee including, but not
limited to, health clubs, racquet clubs, billiard halls and bowling alleys, but not including
massage parlors. (Ref. 900)
1�6.Common Open Space.
Any land, water or combination which is intended for the use and enjoyment of residents of a
development,but not including individual building lots and land accepted for public dedication.
167.Condominium.
A multiple dwelling in which portions are designated for separate ownership and the remainder
of which is designated for common ownership solely by the owners of these portions. A
multiple dwelling is not a condominium unless the undivided interests in the common elements
are vested in the unit owners.
1�8. Crematory
A furnace for cremating; also: an establishment containing such a furnace.
1 g9. Curb Grade.
The established elevation of the curb in front of the building measured at the center of such front.
Where no curb grade has been established,the City shall establish such curb elevation.
�320. Day Care, Centers.
Any non-home based program, that for compensation or otherwise, provides for the care of
children outside their home for part of a 24 hour day. Includes, but is not limited to, programs
for children known as nursery schools, day nurseries, child care centers, and day care facilities.
(Ref. 864)
281. Day Care, Useable Floor Area.
Primary space exclusive of hallways, bathrooms, lockers, kitchens, and floor space occupied by
sanitary equipment, but not including equipment and furnishings regularly used by the children.
(Ref. 864)
91
Ordinance No.
2�2. District.
A section or sections of the incorporated area of the City for which the regulations and
provisions governing the use of building and land are uniform for each class of use permitted
therein.
2�3. Driveway.
A private hard surfaced road giving access from a public way to a building or abutting grounds.
2�4. Dwelling.
� , , , ,
'"''"'"" '""„'°� ° °°+;�~�, -,°'�;�,°� �-� +°M+� A building that contains one or more Dwelling
�
Units used, intended or desi�ned to be used, rented, leased, let or hired out to be occupied for
livin�purposes.
245. Dwelling, Multiple.
A building or portion thereof designed for occupancy by two (2) or more families living
independently of each other.
236. Dwelling, One-Family.
A detached building designed exclusively for occupancy by one (1) family.
2g7. Dwelling, Two-Family.
A building designed exclusively for occupancy by two (2) families living independently of each
other.
2�8. Dwelling Unit.
A single unit providing complete independent living facilities for one (1) or more persons
including permanent provisions for living, sleeping, eating, cooking and sanitation, which
includes but is not limited to provisions for plumbing.
29. Expansion
Anv structural modification which increases an existin� structure's square foota.�e, volume or
foo rint.
�t830. Family.
An individual or two (2) or more persons related by blood, marriage or adoption, including foster
children and bona fide domestic servants, subject to the following conditions:
92
Ordinance No.
A. More than five (5) unrelated persons living in a dwelling unit shall not constitute a
family.
B. A group home which is a federal tax exempt nonprofit organization shall not constitute a
family if the total persons other than the live-in staff or principal occupant exceeds five
(5).
�}31. Farmers Market
A temporary, seasonal event that provides an opportunity for the public to buy Minnesota grown
fresh fruits, vegetables, flowers and food products directly from farmers, growers or producers.
These locally grown products are picked fresh and brought straight to the market and sold by the
growers themselves. Alternatively, they are locally grown products that are prepared or
processed according to guidelines set forth by Minnesota Department of Agriculture's Food &
Dairy Inspection Division in accordance with the Minnesota Department of Health. Locally
crafted specialty items are allowable provided they are not mass produced.
32. Fence
A structure, partition or wall erected for the purpose of enclosing a piece of land or to divide a
piece of land into distinct portions. The term "fence" includes an enclosure made of a permanent
material, such as wood or iron.
393. Fleet Vehicle
Any motor vehicle a company owns or leases that is in the normal operation of the accepted
principal use. Vehicles not considered fleet vehicles include off-road, construction, farm '
implement, and personal vehicles. (Ref 1272))
3�4. FraternalOrganization
A group of people formally organized for a common interest, usually cultural, religious, or
entertainxnent,with regular meetings and formal written memberships.
3�5. Garage, Heavy Duty Repair.
A place where major repair of motor vehicles is conducted����°���se�sed--a�e�="�
°'�^„° ^ m;'°r . ° R'�+ ° °�+, includin�gine rebuildin� rcpairing, or reconditioning
and collision service which includes but is not limited to bodv, frame or fender strai tenin�and
overall painting of motor vehicles.
3�6. Garage, Private.
An accessory building or accessory portion of the principal building which is us used to store
motor vehicles or other personal property of the resident.
93
Ordinance No.
347. Garage, Public.
A building used for the sale of new or used motor vehicles or where motor vehicles are parked or
stored for a remuneration or where motor vehicles are repaired within the structure as a service
accessory to the main use.
3�8. Garage, Repair.
A place where major repair of motor vehicles is conducted, including engine rebuilding, repair,
or reconditionin�, but not includin� � collision services. ' '••a��^� '��a-�, ���° ^r ��
�� ��
39. Gara eg Sale•
The sale of tan 'i�ble personal propertv that was obtained bv the person makin� the sale, throu�h
purchase or otherwise for his or her own use that is conducted on premises within a residential
district upon which is located in a dwellin� including but not limited to all sales entitled
`�ara�e " "lawn" "vard ""flea market,"or"rumma�e" sale.
�40. Grade, Finished Crround.
The average finished ground elevation along the front wall of the main building.
�41. Guest Room.
A room or group of rooms intended for living or sleeping for compensation, occupied by one (1)
or more people, in which no provision is made for cooking.
�842. Home Occupation.
Any gainful occupation or profession engaged in by the owner or occupant of a Dwelling Unit
and occurring within the Dwelling Unit that meets all the requirements set forth in the applicable
provisions of the Zoning Code. Any home occupation must meet all requirements as specified in
the corresponding zoning code. Any home occupation shall be clearly incidental and secondary
to the principal use of the premises and shall have no adverse impact to building aesthetics,
traffic volume,hours of operation, noise, odor, dust, s�noke, heat,vibration, or any other activity
that adversely affects the health, safety, and general welfare or is detrimental to the residential
nature of the surrounding neighborhood. (Ref Ord 1301)
�943. Hospital.
An institution open to the public, in which sick or injured persons receive medical, surgical or
psychiatric treatment.
94
Ordinance No.
4A4.Hotel.
A building consisting of six (6) or more guest rooms and designed for occupancy as a temporary
lodging place of individuals.
4�5. Institution
A public or private institution including but not limited to: places of worship, schools, hospitals
and medical clinics.
4�6. Integral Part of a Principal Structure.
Constructed in general conformity to the principal structure in terms of framing, finishing and
overall use.
4�7. Junk Yard.
�^„+^..�.��.;,° D°�..�';�„ r°�+°r' An open area where waste and used materials are bought, sold,
exchanged, stored, packed, disassembled or handled as a principal use, including scrap iron and
other metals,paper, rags, rubber, wire and bottles. A junkyard includes an automobile wrecking,
e� salvage, or recvcling yard, but does not include uses that are entirely within enclosed
buildings or City Council approved recycling centers.
448. Kennel.
Any lot or premises on which four (4) or more dogs or cats, or any combination of four (4) or
more dogs or cats, at least six(6)months of age, are kept. (Ref. 979.)
439. Laboratory.
A place devoted to experimental study such as testing and analyzing. The term laboratory does
not include product manufacturing.
4650. Landscaping.
The improvement of land by the addition of berms, trees, shrubs, ground cover, crushed rock,
wood chips,retaining walls and other functional, ornamental or decorative features.
4�51. Living Area.
The area of a Dwelling Unit designed to be used for living purposes, including bedrooms, dining
room, living room and the like, which are usually and customarily used for family purposes, as
distinguished from any garage or other type of accessory space.
95
Ordinance No.
4&52. Loading Dock.
Any off-street area or raised platform, on the same lot with a building or contiguous to a group of
buildings, for the temporary parking of a commercial vehicle while loading or unloading
merchandise or materials.
4153. Lot.
A parcel of land sufficient in size to meet the minimum zoning requirements for use, coverage
and area, and to provide such yards and other open spaces as are required. A lot shall have
frontage on a dedicated or private street and may consist of:
A. A single lot of record or a portion of a lot of record.
B. A combination of complete lots of record and/or portions of lots of record.
C. A parcel of land described by metes and bounds, provided that any subdivision of any
residual lot shall meet the requirements of this Chapter. �
594.Lot, Corner.
A lot situated at the intersection of two (2) or more streets.
5-�5.Lot Depth.
The horizontal distance measured between the front and rear lot lines.
5�6.Lot, Double Frontage.
A lot with opposite lot lines on two (2) nonintersecting streets. Both street frontages shall be
considered as front yard areas.
5�7.Lot, Frontage.
The front of a lot shall be that boundary of a lot along a street right of way. If a lot is a corner lot,
the front shall be the shorter lot line that abuts the street right of way, but if the dimensions of a
corner lot are within ten percent (10%) of being equal, the owner may select either street lot line
as the front.
548.Lot Width.
The horizontal distance between the side lot lines measured at right angles to the lot depth at a
point equal to the minimum required front yard depth.
96
Ordinance No.
59. Manufactured Home
A structure not affixed to or part of real estate transportable in one of more sections, which in
the travel'n� mode is eight (8) feet or more in width or fortv�40) feet or more in lenath, or
when erected on site is three hundred twenty(320) or more square feet, and which is built on a
tiermanent chassis and desig�ed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities and includes the plumbin�, heatin�, air conditionin�,
and electrical svstem contained in it.
3-560. �e Manufactured Home Park.
An approved area for the parking of occupied manufactured homes.
�61.Mortuary
A place in which dead bodies are kept until burial.
3�b2. Motel.
A building containing guest rooms, with direct access to garage or parking spaces, and which is
used for the accommodation of transient individuals.
�863. Motor Vehicle.
� �• �� .,,�;�� ; °��Hr^n°�� For the purposes of Chapter 205, a machine pronelled bv
power other than human power designed to travel along the �round bv use of wheels, treads,
runners or slides and trans�orts �ersons or�ronerty or�ulls equipment and shall include but not
be limited to automobiles trucks motor homes motorcycles tractors, � •_�'�°°'°r� ^ •„'�°°'°"�
all terrain vehicles(ATVs�utility task vehicles (UTVs) and snowmobiles.
�}66. Multi-Story Parking Structure
���c�rg A structures��e� of two or more stories��, , �
�
whether�rivately or publiclv owned used for parking more than four automobiles.
6A7. Nonconforming Use.
Any building, structure or land lawfully occupied by a use or lawfully existing at the time of the
passage of this Chapter or amendments thereto, which does not conform with the regulations of
this Chapter or future am.endments, for the district in which it is situated.
6�8.Nursing Home.
A State licensed facility used to provide care for the aged and infirm persons who require nursing
care and related services.
97
Ordinance No.
6�9. Parking Stall.
�
,
}� �—�-� r�*-� �i�ee�-(-��°��An area for the purpose of�arking one automobile,
surfaced with concrete or asphalt with access to a public street or allev.
6370. Parking Stall,Accessible.
A narking space reserved exclusivel�for an automobile re�istered with the state of Minnesota
with accessible license plates or a state-issued temporarv accessible narkin� nass. ���sess�e
, . . .
��
71. Parking Stall, An l�ed.
Any.narkin�space that is not parallel to the curb or drivin ag isle•
6472. Public Facility.
Any facility which is owned, operated or maintained by the City of Fridley or any other
governmental agency.
�373. Public Property.
Any property owned by the City of Fridley or any other governmental agency.
74. Public Ri�ht-of-Way
For pur�oses of Chapter 205 "Right-of-Way" or "Public Ri�,ht-of-Wav" means the area on,
below or above a public roadwa� hi wav street allev bicycle lane, or public sidewalk in
which the Cit�has an interest includin� other dedicated rights-of-wav for travel purposes and
utilitv easements of the Citv A ri�ht-of-wav does not include the airwaves above a ri�ht-of-wav
with reg�ard to cellular or other non-wire telecommunications or broadcast services.
�75. Restaurant.
An establishxnent where meals can be purchased by the public for a fee, including the following
types:
98
Ordinance No.
A. A Class I restaurant is any restaurant or cafeteria, where food is served to, or selected by,
a customer for consumption primarily on the premises, and which do not sell or serve
liquor.
B. A Class II restaurant is any restaurant which has 25% or more of their sales taken away
from the premises for consumption and which may serve beer and/or wine for
consumption on the premises. Class II restaurants include, but are not limited to, take-out
pizza parlors and fast food establishments.
C. A Class III restaurant is any sit down restaurant which serves food and intoxicating liquor
for consumption on the premises.
D. A Drive-in restaurant is any restaurant which sells, serves or offers goods or services
directly to customers who are either waiting in parked vehicles or who return to their
vehicles to consume or use the goods or services while on the premises. (Ref. 900)
676.Retort.
A vessel or chamber in which substances are distilled or decomposed by heat.
6&77. Seasonal Outdoor Food Sales (Ref. 1032)
A food establishment wherein food is stored, prepared, manufactured, processed, wrapped,
canned, packed, bottled, transported, distributed, or served from a trailer, vehicle, stand,
enclosure, space, or area which is located outdoors and not within the principal or accessory
structure and/or use on the property. Further, the food items are served and for sale on a
temporary or seasonal basis as defined below:
A. Special event sales are sales which occur for a minimum of one (1) and a maximum of
ten(10) consecutive days,no more than two times per year.
B. Weekly sales are sales which occur for a minimum of one (1) and a maximum of three
(3) consecutive days in one week.
C. Daily sales are sales which occur for ten(10) or more consecutive days.
Outdoor eating areas accessory to restaurants, as defined herein, are not considered seasonal
outdoor food sales.
6s}78. Service Use.
The cleaning,washing, adjusting,repairing,rebuilding, overhauling or finishing of manufactured
products.
99
Ordinance No.
799. Setback,Front Yard.
The minimum distance between the front line of a lot and a structure located on that lot.
�-�-80. Setback, Rear Yard.
The minimum distance between the rear line of a lot and a structure located on that lot.
�81. Setback, Side Yard.
The minimum distance between the side line of a lot and a structure located on that lot.
�82. Single Family Attached Development.
Individually owned dwelling units which share a common wall and/or land including
townhouses,townhomes and condominiums.
�483. Solar Collector.
A device or structure used to gather solar energy.
�84. Solar Energy.
Radiant energy received from the sun, either direct, diffused or reflected.
�85. Solar Energy Devices.
A set of devices whose primary purpose is to collect, convert and store solar energy, including
heating and cooling of buildings and other energy processes, or to produce generated power by
means of any combination of collecting, transferring or converting solar energy.
�86. Speculative Building.
A building or group of buildings, which consists of area whose use has not been determined at
the time of construction.
�887. Story.
That part of a building included between the surface of any floor and the surface of the next floor
above it; if there is no floor above it, the space between the floor and the ceiling above it. A
basement is a story for the purposes of height regulations if one-half (1/2) or more of the
basement height is above the level of the adjoining ground.
100
Ordinance No.
�188. Street.
A public or private thoroughfare which, provides the principal means of access to the abutting
property.
889.Streets,ArteriaL
A street designed primarily to carry traffic between large land use units, as defined in the
Transportation section of the current Fridley Comprehensive Plan. (Ref. 864)
5�90. Streets, Collector.
A street designed primarily to carry traffic from local streets to arterial streets and highways, as
defined in the Transportation section of the current Fridley Comprehensive Plan. (Ref. 864)
8�91. Streets, Local.
A street of limited continuity designed primarily to carry traffic to the abutting properties and
higher order streets, as defined in the Transportation section of the current Fridley
Comprehensive Plan. (Ref. 864)
$�92. Structural Alteration.
Any change, addition, or modification in construction in the supporting members of a building,
including exterior walls, bearing walls, beams, columns, foundations, girders, floor joists, rafters
or trusses.
5493. Structure.
Anything constructed or erected, on e�e�the ground or attached�
to the ground or on-site utilities, above �xound, including
but not limited to,buildings, sheds, detached��es, cabins, and manufactured homes.
5594. Townhouse.
A unit where the owner has title to the unit and the underlying land with common ownership of
the real estate which is not covered by the structure.
95. Trucking Terminal
Anv premises used by a motor frei t compan�that is a carrier of goods, which is the ori '�n or
destination point of goods bein ��ansported, for the purpose of storin�, transferring, loading, and
unloadin�goods•
101
Ordinance No.
5696. Use.
The purpose for which land, a building or structure is or is to be used or occupied.
5�97. Used Car Lot.
A lot containing more than two (2)motor vehicles on display for the purpose of resale.
SS98. Utility Company.
Any person, firm, corporation, municipal deparhnent or board duly authorized to furnish to the
public, under public regulation, electricity, gas, heat, power, steam, telephone, telegraph,
transportation, sewer, water or cable television.
899.Utility Use.
Transmission facilities and structures for electric power, gas, water, sewer, telephone, and cable
television.
100. Vehicle
Any device in upon or bv which anv person or propertv is or mav be transported or drawn upon
a hi�hwav, excepting devices used exclusivel�pon stationarv rails or tracks.
�8101. Vision Safety Zone.
The triangular area of a corner lot beginning at the intersection of the street surface edge or curb
lines, �ke�se measurin� forty (40) feet along each curb line�-�ke�se and a straight line between
the two (2) points, hi�t nnynr mnrn th�n*�� *--���•�r�� ����a ����a z + � /7c� � �
� 40 ft.
� -:
�
� ���� ��
� ` �� �
� � �
� s'
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��sy.� � � � ,
� •
f�� ��
�+ s �`� � ,� > °��
a�?F�"s�'��i' "�'��A
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� Howe
Vision Saf ety Zone Diagram
102
Ordinance No.
9102. Walkway or Sidewalk.
A surface designated for pedestrian use.
�103. Waterway.
. Anv bodv of water that receives storm water runoff.
includina wetlands lakes ponds streams rivers and reservoirs. Shall not include water flowin�
on streets or poolin�for less than 24 hours on�rivate propertv after a rain event.
�104. Wind Power Generator.
A windmill that converts wind energy by means of inechanical rotation directly in to mechanical
or electrical energy.
34105.Yard.
An open space on the same lot with a main building, except as otherwise provided in this
Chapter.
�106. Yard, Front.
A yard extending across the full width of the lot and lying between the front line of the lot and
the nearest line of the principal building.
Ab107.Yard, Rear.
A yard extending across the full width of the lot and lying between the rear line of the lot and the
nearest line of the principal building.
�108.Yard, Side.
A yard extending across the full length of a lot and the main building extending from the front
yard to the rear yard and having a width equal to the shortest distance between the side line and
the principal building.
109. Zero Lot Line
The location of a buildinQ on a lot in such a manner that one or more of the buildin�'s sides rests
directly on a lot line and com�lies with all fire code requirements for construction on a lot line.
103
Ordinance No.
Section 2: That Chapter 205, Section 205.04 of the Fridley City Code be hereby amended as
follows:
205.04. GENERAL PROVISIONS
1. DECLARATION OF POLICY
A. In the interpretation and application of this Chapter, the provisions of this Chapter shall
be held to be the minimum requirements for the promotion of the public health, safety,
convenience and general welfare of the residents of the City.
B. Where the conditions imposed by any provision of this Chapter are either more restrictive
or less restrictive than comparable conditions imposed by any law, ordinance, statute,
resolution or regulation of any kind, the regulations which are more restrictive or which
impose higher standards or requirements shall prevail.
C. No structure shall be erected, converted, enlarged, reconstructed or altered, and no
structure or land shall be used for any purpose or in any manner which is not in
conformity with the provisions of this Code.
2. SEVERABILITY
It is hereby declared to be the intention of the City that the provisions of this Chapter are
severable in accordance with the following:
A. If any court of competent jurisdiction shall adjudge any provision of this Chapter to be
invalid, such judgment shall not affect any other provisions of this Chapter not
specifically included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this Chapter to a particular property, building or other structure, such
judgment shall not affect the application of said provision to any other property, building
or structure not specifically included in said judgment.
3. NONCONFORMING USES AND STRUCTURES
Any nonconformity, including the lawful use or occupation of land or premises existing at the
time of the adoption of an additional control under this chapter, may be continued, including
through repair, replacement, restoration, maintenance, or improvement, but not including
expansion,unless:
A. The nonconformity or occupancy is discontinued for a period of more than one year.
104
Ordinance No.
B. Any nonconforming use is destroyed by fire or other peril to the extent of greater than
50 percent of its market value, and no building permit has been applied for within 180
days of when the property is damaged. In this case, the City may impose reasonable
conditions upon a building permit in order to mitigate any newly created impact on
adjacent property. (Ref 1220)
C. The provisions herein for the continuance of nonconforming uses sha11 not prevent or
interfere with action that may be taken to abate any nuisance in any manner provided by
law.
D. Any structure or any portion of a structure which is situated unlawfully within a public
street or alley or other public way or thoroughfare, is hereby declared to be a
nonconforming use, whether or not its use is otherwise in conformity with the regulations
of the district in which said structure is located. Any such structure shall be subject to any
and all applicable regulations herein for nonconforming uses except in the event the City
Council shall require removal of the structure or portion thereof for a public purpose in
which case such requirement shall prevail.
E. The provisions of this Chapter shall pertain to all lawful nonconforming uses or
structures as applicable and specifically to the performance standards outlined in the
established districts.
F. Administrative Non-Conformin�Expansion Permit.
(1) The Citv through its Communitv Development Director or Plannin� Mana�er, mav
permit an expansion of a non-conformin� structure imposing reasonable re�ulations
to prevent a public nuisance or protect the �ublic health welfare and safetv pursuant
to Minnesota State Statute Section 462.357 Subdivision 1(e)(b). It mav be possible
for a non-conformi�structure to be expanded only if the expansion does not increase
the non-conformitv present and meets the relevant land use regulations, includin�but
not limited to lot covera�e, setbacks, and heig�
(2) Application.
In order to be able to le�ally expand a structure that is non-conforming, an application
for a Non-conforming Expansion Permit must be made to the Citv. The application
must be on forms provided b�the Citv and must be accompanied bv the followin�:
(a) Completed application form with,property owner's signature•
(b) Scalable Certificate of Survey of the propertv which shows, at a minimum, all lot
lines existing and proposed structures drivewa�and parking areas, setbacks,
easements significant topo�raphical features and mature trees•
(c) Fee required by Chapter 11 of Citv Code; and
105
Ordinance Na
(d) Such other documentation as mav be required bv the Citv.
(3) Decisions.
The City shall make its decision subject to condition within sixtv(60) davs of receipt
of completed a�plication An expansion permit for a non-conformin� structure mav
be granted by the Communitv Develo�ment Director or Plannin� Mana�er if the
apnlicant meets the burden of provin�:
(1) The expansion does not increase or intensifv the existing non-conformitv;
(2) The expansion would be architecturally compatible with the existin� principal
structure;
(3) Adequacy of off-street parkin� for the expansion;
(4) Absence of adverse off-site impacts from such thin�s as traffic, vision safetv,
noise, dust, odors, and parkin�;
(5) The expansion is an improvement to the a�pearance and stabilitv of the propertv
and nei�hborhood by ensurin,g the proposed expansion would meet all currentiv
existing zonin�and building code requirements; and
(6) The expansion would be compatible with the character of the nei�hborhood as to
provide appropriate visual relief to the surrounding area.
(4) The Community Development Director or Planning Mana�er mav impose reasonable
conditions related to health, safety.
(5) Terms of Expansion Permit.
An expansion permit �ranted bY the Cit�will run with the land and will be nerpetual
unless no building_permit has been issued or substantial work performed within one
�ear of the approval in which case the permit will be null or void. The plannin s�taff
mav extend the period for construction upon findin�that the interest of the owners of
nei�hboring pro�erties will not be adverselv affected bv such extension. If the
expansion permit is part of an approved site and buildin�plan extension of the time
period of construction will be contin�ent u�on a similar extension of the time neriod
for the site and building plan by Citv staff: Once the project is comnleted as
�proved the expansion permit becomes perpetual
(6) Appeals.
A �erson a��rieved by a decision of the Communitv Development Director or
Planning`Mana�er re�arding an expansion permit may apneal their case to the Citv
Council�ursuant to Chapter 205.05.7
106
Ordinance No.
(7) Recordin�.
A certified ca�v of the expansion�ermit must be filed bv the Citv Staff with the
Anoka Countv Propert�Records Deparhnent The expansion permit must contain a
legal description of the�ropertv affected.
(8) Violation Of Non-Conforming Expansion Permit.
A person who violates fails to complv with or assists directs, or vermits the
violation of the terms or conditions of an expansion permit is guiltv of a
misdemeanor A violation of the expansion permit shall result in revocation of the
expansion permit Revocation shall occur after a public hearin� bv the Citv Council
and in compliance with Minnesota Statutes Chapter 462. A violation also constitutes
a nublic nuisance that may be abated in accordance with the nrovisions of Chapter
128.
4. BUILDING SITE (Ref. 1010)
A. No lot shall be so reduced or diminished,nor sha11 any structure be so enlarged or moved,
as to reduce or diminish the yards, lot area or open space required in the district in which
it is located. No yard or other open space required for any building shall be considered as
providing a yard or open space for any other building, and no yard or open space on an
adjoining lot or parcel of property shall be considered as providing a yard or open space
on a lot where a building is to be erected.
B. Only one (1)principal building shall be located on a buildable R-1 lot.
C. Every lot, in order to be built on, shall have at least one (1) lot line which abuts for not
less than twenty-five(25) feet along a street or along a permanent, unobstructed easement
of access to the lot from a public street as approved by the City.
D. Where no curb elevation has been established, the City shall furnish such elevations. If
curb elevations are not available, the City shall approve the elevation of the building and
the drainage plan before a building permit is issued.
�
107
Ordinance No.
�E. Easements for pedestrian and bicycle naths �}s shall be provided on those arp cels �e�s
abutting streets designated for trails and/or sidewalks in the
currently approved version of the City's Active Transportation ' Plan. The
City will designate the required width of easements and elevations for grades at the time
a building is constructed on the property. ' �
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svstems installed in the easement after December 31, 2015, must be removed and
re�laced at the �ropertv owner's expense when the trail or sidewalk is installed in the
future.
F�F. Where the front yard setback of existing buildings is greater than the minimum front
yard setback required and said existing buildings are within one hundred (100) feet on
either side of a structure to be erected, then the setback for the new structure can be six
(6) feet more or less of this mean depth of the adjacent structures but in no case shall it be
less than the required front yard setback. In the case where one of the adjacent properties
is vacant, the assumed setback will be the minimum front yard setback requirement of the
zoning district that applies to the property.
�G. In computing the depth of a rear yard setback for any building where the rear line of the
lot adjoins an alley, one half(1/2) of the width of the alley may be included as rear yard
depth, provided that the actual rear yard depth on the lot shall not be less than twenty(20)
feet in any residential district and not less than twenty-five(25) feet in any other district.
�H.Land Alteration. No land shall be altered and no use shall be permitted that results in
water run-off causing flooding, erosion or deposits of mineral on adjacent properties.
The following standards shall be implemented:
(1) The City hereby adopts by reference the Minnesota Pollution Control Agency,
Division of Water Quality, "Protecting Water Quality in Urban Areas, Best
Management Practices for Minnesota" within which are the National Urban Runoff
Pollution Standards and Best Management Practices.
(2) A grading and drainage plan shall be submitted in conjunction with a building or land
alteration permit and shall be drawn at a scale no smaller than one (1) inch equals two
hundred feet, and shall contain,but is not limited to,the following information:
(a) existing and proposed grades with a minimum of two foot contour intervals to a
known sea level datum;
(b) sufficient spot elevations on all proposed hard surface areas;
(c) estimated run-off of the area based upon five (5) and one hundred (100) year 24
hour storm events with a minimum time of intensity of twenty(20)minutes;
(d) provisions to carry run-off to the nearest adequate outlet, such as a storm drain,
natural drainage way or street;
108
Ordinance No.
(e) location of any proposed ponding areas, indicating the size and depth of the pond
and amount of acre feet of water to be stored;
(fl finished floor elevations of all buildings;
(g) identification of soil conditions by type and location, including identification of
the water table, and suitability of the soil for the proposed development, and
(h) identification of any areas located within a flood hazard and hazard zone as
identified by the City's floodplain overlays.
(3) Exceptions. A grading and drainage plan is not required for the following
development activities:
(a) minor land disturbance activities moving less than 50 cubic yards or 5 truckloads
of soil such as home gardens and individual residential landscaping, repairs, and
maintenance work;
(b) construction, installation, maintenance of above ground electric and telephone
utility lines or individual service connection to the utility lines;
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(ec� installation of a driveway under five thousand (5,000� square feet, fence, sign,
telephone and electric poles and other kinds of posts or poles;
(€d) emergency work and repairs to protect life, limb or property; and
(�e) federal, state, county, and municipal road construction designed and installed
according to standard specifications.
(4) A stormwater pollution control plan and time schedule shall be submitted in
accordance with Chapter 208, Stormwater Management and Erosion Control.
109
Ordinance No.
(5)Stormwater run-off from a developed site will leave at no greater rate or lesser quality
than the stormwater run-off from the site in an undeveloped condition. Stormwater
run-off shall not exceed the rate of run-off of the undeveloped land for a 24 how
storm with a 1 year return frequency. Detention facilities shall be designed for a 24
hour storm with a 100 year return frequency. All run-off sha11 be properly channeled
into a storm drain water course,ponding area or other public facility designed for that
purpose. Any change in grade affecting water run-off onto an adjacent property must
be approved by the City.
(6)In order to ensure the construction was completed in accordance with the approved
design and plans, an "as-built" survey of detention facilities on the properiy shall be
prepared and submitted to the City. The plan shall indicate the size, location,
elevation, and depth of the pond as well as the location of all structures and any
ground opening elevations on them.
(7) For those detention facilities which are to be maintained by the property owner, a
maintenance agreement shall be executed by the property owner and recorded against
the property title to ensure proper ongoing maintenance.
J. The standards established herein serve, among the other purposes of this Chapter, to
provide each structure located on any land, a building site suitable to its particular needs
as well as adequate areas of open space between that structure and any adjacent building,
and as deemed suitable or appropriate to each building or structure and their respective
uses. It is also deemed a purpose herein to provide standards which encourage uses of
land and the erection of buildings and structures in areas which are open, unplatted or
without any substantial number of buildings located therein, as are of a type, size, style
and design as are deemed by the City and its inhabitants to meet the needs and the
purposes of residential, commercial or industrial uses; and, to enable an owner to make a
reasonable use of a parcel of land recorded or approved prior to the enactment of this
Chapter and is therefore, smaller or different in type, size, style or design from that
otherwise required herein.
K. No changes in exterior building dimensions, exterior parking areas or drainage as
established in approved City plans will be made unless reapproved by the City.
5. ACCESSORY BUILDINGS AND STRUCTURES
A. No accessory building or structure shall be permitted on any lot prior to the time of the
issuance of the building permit for the construction of the principal building.
B. Accessory buildings and structures are permitted in the rear yard and side yard only,
subject to the following restrictions:
(1) Accessory buildings and structures in the rear yard shall not be any closer than three
(3) feet to any lot line.
110
Ordinance No.
(2) Accessory buildings and structures in the side yards shall not be any closer than five
(5) feet to any lot line except in the case of additions to existing, attached single-car
garages, where the side yard may be reduced to less than five(5) feet from the
property line,provided the expanded garage will be no wider than twenty-two (22)
feet.
(a) The setback for an addition to an attached single-car garage may be reduced to
three (3) feet from the side lot line if the nearest structure on the adjacent lot is:
((1)) a livin area�e�tse located at least ten(10) feet from the lot line; or
((2)) a double-car garage which is located at least five(5) feet from the lot line.
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(3) All exterior walls of attached garages less than five (5) feet from the property line,
must be constructed of materials approved for one-hour fire resistance on the inside
with no unprotected openings allowed. The maximum roof projection is limited to
two (2) feet. (Ref. 888)
(4) Any accessory building or structure within three (3) feet of the principal building
shall be considered attached and a part of the principal building for applying setback
regulations.
(5) Unless otherwise herein specified, no accessory building or structure shall exceed the
height or the size of the principal building.
(6) Accessory buildings or structures shall not occupy more than thirty-five percent
(35%) of the area of a required rear yard.
C. The building height limits for principal buildings established herein for districts shall not
apply to belfries, cupolas, domes, spires, monuments, airway beacons, radio towers,
windmills, flagpoles, chimneys, flues, bulkheads, elevators, water tanks, poles, towers
and other structures for essential services, nor to similar structures or necessary
mechanical appurtenances extending above the roof of any building and not occupying
more than twenty-five percent(25%) of the area of such roof.
D. In the event there is a request to place a structure that is over 200 feet in height, the
Commissioner of Transportation shall be notified of the proposed structure.
111
Ordinance No.
6. REQUIRED YARD AND OPEN SPACE
A. The following shall not be considered an encroachment on yard and setback
requirements:
(1) Yard lights and name plate signs in the residential districts provided such lights and
signs are three (3) feet or more from all lot lines and meet size requirements under the
Chapter of the City Code entitled "Signs". Lights for illuminating parking and
loading areas or yards for safety and security purposes may be provided where
necessary, provided that not more than three (3) foot candles of light intensity is
present at the property line.
(2)On the primary structure, chimneys, flues, belt courses, sills, pilasters, lintels,
ornamental features, cornices, eaves, bays, gutters and other similar projections are
permitted, provided that they do not extend more than two (2) feet into the required
yard and in no instance in the residential districts, any nearer than three (3) feet from
the lot line.
(3) Canopies and steps to building entrances may extend not more than ten (10) feet into
any required front yard. Decks, unenclosed porches, canopies, and steps to building
entrances may not extend more than ten (10) feet into the required rear yard setback
and not more than three (3) feet into any required side yard, provided they do not
extend nearer than five(5) feet to any lot line.
(4) On existing structures, vestibules may extend not more than five (5) feet into the
required yards provided they are only one (1) story and do not exceed fifty (50)
square feet.
(5) Open work fire balconies and fire escapes may extend not more than one and one-half
(1-1/2) feet into the required yard.
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{86) Landsca�in�or anv other visual ,
„,°"�°'' "°"°�"+:�„ +'��+ � barrier in residential districts shall not exceed a height
of thirty (30) inches if within ten (10) feet of a driveway access for a distance of 10
feet in each direction from the intersection of the property line and street right of way
line ,
(17) On corner lots, no planting or structures shall impede vision between a height of
thirty(30) inches and seven(7) feet above the curb line in the�Vision sSafety�Zone.
112
Ordinance No.
(�88) In no case shall a fence or similar barrier impede vehiculaz vision or cause a
hazardous condition to exist.
B. Access across the boulevard is restricted to driveways and sidewalks. The
public ri t-of-wav portion of a driveway cannot be used to meet the
minimum parkin�uirements of a propertx
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7. ENVIRONMENTAL QUALITY
In order to assure compliance with these environmental quality standards, the City may require
the owner or operator of any use to conduct such investigations and tests as may be required to
show adherence to the environmental quality standards. Any investigations and tests shall be
carried out by an independent testing organization agreed upon by all parties concerned or, if
after thirty(30) days notice, there is failure to agree, an independent testing organization selected
by the City. The costs incurred in having such investigations or tests conducted shall be shared
equally by the owner or operator and the City. If the investigation and testing disclose
noncompliance with the environmental quality standards, the entire cost shall be paid by the
owner or operator. This procedure shall not preclude the City from making any tests and
investigations it finds appropriate to determine compliance with these standards.
A. Explosives.
No activities involving the storage, utilization or manufacture of materials or products
such as TNT, dynamite or other explosives which could detonate shall be permitted
except such as are specifically licensed by the City Council.
B. Radiation and Electrical Emissions.
No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas.
There shall be no electrical disturbance (except those from domestic household
appliances) adversely affecting the operation of any equipment other than that of the
creator of such disturbance beyond the property line.
C. Other Nuisance Characteristics.
No noise, odors, vibration, smoke, air pollution, liquid or solid wastes,heat, glare, dust or
other such adverse influences shall be permitted in any district that will in any way have
an objectionable effect upon adjacent or nearby property. All wastes in all districts shall
be disposed of in a manner that is not dangerous to public health and safety, nor will
damage public waste transmission or disposal facilities. Minimum standards shall be as
follows:
113
Ordinance No.
(1) Noise: The noise standards shall comply with the Chapter 124 entitled "Noise" of the
Fridley City Code.
(2) Odors: The odor standards shall comply with the Chapter 109 entitled "Air Quality"
of the Fridley City Code.
(3) Vibration: Any vibration discernible (beyond property line) to the human sense or
feeling for three minutes or more of duration in any one hour or any vibration
producing an acceleration of more than 0.1 G's or resulting in any combination of
amplitudes and frequencies beyond the "safe" range of Table 7, United States Bureau
of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting", on any structure
shall be prohibited.
(4) Smoke: The smoke standards shall comply with the Chapter 109 entitled "Air
Quality" of the Fridley City Code, except for wood burning devices used for
supplemental heat.
(5) Air Pollution and Dust: The air pollution and dust standards shall comply with the
Chapter 109 entitled "Air Quality"of the Fridley City Code.
(6) Toxic or Noxious Matter: No use shall, for any period of time, deposit or discharge
across the boundaries of the lot wherein it is located, toxic or noxious matter of such
concentration as to be detrimental to or endanger the public health, safety, comfort or
welfare or cause injury or damage to property or businesses.
D. Erosion.
(1) No erosion shall be permitted onto neighboring properties or into natural waterways.
A property owner shall not permit the property to be used or built on without
applying all suc�i reasonable measures as may be required to prevent wind or water
erosion. The City may require reasonable measures of a property owner or developer
to prevent wind or water erosion.
(2) The City may review any development plan to ensure that erosion and sedimentation
shall be effectively controlled in accordance with Chapter 208, Stormwater
Management and Erosion Control.
E. Water Pollution.
The discharge of raw sewage, industrial wastes or other pollutants into the waterways or
lakes of the City shall be subject to the regulations of the Minnesota Pollution Control
Agency.
114
Ordinance No.
F. Solid Waste.
Sanitary landfills shall be prohibited.
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�g-Unless specified elsewhere in the correspondin z�� district code, parking
stalls shall be ten (10) feet wide by twent�(20 feet lon�. Where a narkin� stall abuts a
curb or sidewalk the stall len mav be reduced to ei�,�teen (18) feet. Parkin� stalls
shall be striped in parking lots with more than four (4) parkin�stalls. Accessible parkin�
spaces shall beprovided in accordance with Minnesota Rules,Chauter 1341.
B. Angled Parking T' ' ' i i. » �. „��n� �,. �.,,,. . , ,,.,.��,. .,,,a_�Q�_��
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115
Ordinance No.
�1) Besides 90 de�ree parking; 45 or 60 degree an�led parkin� is allowed, with the
minimum parkin�stall width of nine(9) feet and twentv(20) feet lon�.
�C. Multi-Storv Parkin�Structures D ' ' * " ° �" ^,n+""' 1;""' " ° "�
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�1) Parkin� stall size for multi-stor�parkin� structures mav be a minimum of ei�ht and a
half(8 5) feet in width and eighteen (18) feet long provided that narkin� stalls are for
lon�term emplovee parking.
�2) Drive aisles shall be a minimum of twentv-four (2�1 feet for two-wav traffic and
ei teen(18) feet for one-way traffic if structure is pronerlv signed.
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Section 3: That Chapter 205, Section 205.05 of the Fridley City Code be hereby amended as
follows:
205.05. ADMINISTRATION AND ENFORCEMENT
1. ZONING ADMINISTRA.TOR
The Zoning Administrator as designated by the City Manager shall provide for:
A. The maintaining of permanent and current records of this Chapter including all map
amendments, conditional uses, variances, appeals and applications hereto.
B. The receiving, filing and forwarding of all applications for amendments, variances,
special uses or other matters to the appropriate Commissions and City Council.
C. The issuance of all permits and certificates required by this Chapter.
D. The inspection and examination of all buildings and land, and the issuance of written
orders required in remedying any conditions which are found to be in violation of this
Chapter.
E. A liaison to the Planning Commission and its member Commissions.
F. The enforcement of the decisions of the City Council pertaining to this Chapter.
116
Ordinance Na
2. APPLICATION PROCESS
Any applications submitted for land use-related matters, including, but not limited to, variances,
special use permits, requests for rezoning,plan and subdivision approval, shall only be submitted
in the manner provided in this Code. Any written request or submission for application not
submitted in the manner prescribed under this Code shall not be deemed "complete."
At the first meeting of each year, or as soon after as practicable, the City Council shall establish
dates for the following year on which completed application will be accepted. No application is
complete or may be accepted on any date other than those established by the Council for
submission.
When a written request or initial application is received by the City, the City shall, within t�
fifteen (15) business days of its receipt, notify the person making the written request or
submission if it is not complete. If such notification is sent, it shall contain a list of those items
necessary to complete the request or submission. No period for agency action specified in
Minnesota Statutes Section 15.99 shall commence until a complete application is submitted to
the City, including any items specified in the notice from the City as the basis for a determination
of incompleteness.
The City expressly reserves the right to extend, with written notice, the period for action under
Minnesota Statutes Section 15.99 for a period of up to 60 days beyond the deadline specified
therein, if the City or its staff find that additional time is reasonably necessary to process and
review the submission. An extension beyond 60 days may be provided with the consent of the
person or persons submitting the application or request.
3. ANNEXATION
Areas hereinafter annexed to the City of Fridley shall be considered to be in R-1 Districts, and
may be changed wholly or partly to any other District or Districts only by an amendment or
amendments as provided for herein except where a different zoning classification is established
by and under any ordinance for the annexation of the affected lands. Within ninety (90) days
after the effective date of any annexation, the City Council shall cause necessary-studies to be
made for the determination of the need if any, for any change in the zoning classification.
4. AMENDMENT TO THE ZONING ORDINANCE
The Council, by a four-fifths (4/Sths) vote, may adopt amendments to this Chapter as required.
The procedure shall be as follows:
A. Initiation for Amendment.
(1) Any person owning real estate may petition the City Council to amend the district
boundaries so as to affect the real estate.
117
Ordinance No.
(2) The City Council or the Planning Commission may, upon their own motion, initiate a
request to amend the text or the districting map of this Chapter.
B. Application for Amendment.
All petitions for amendments shall be filed with the City on forms provided by the City
together with such filing fee as may be established by the City Council.
C. Referral to the Planning Commission.
All petitions for amendments shall be referred to the Planning Commission which shall
hold an official public hearing within
forty(40)days of the date of filing such petition.
D. Hearing.
A notice of hearing shall be published in the official newspaper at least ten (10) days, but
not more than thirty (30) days, prior to the date of the hearing. The notice shall contain
the dates of the public hearing before the Planning Commission and the City Council.
E. Action By The Planning Commission.
(1) If the request is for district change, notices shall be mailed not less than ten (10) days
nor more than thirty (30) days prior to the hearing to all owners of property within
350 feet of the parcel of land included in the request. The notice shall contain the
dates of the public hearing before both the Planning Commission and the City
Council. Failure of a property owner to receive notice shall not invalidate any such
proceedings as set forth within this Chapter.
(2) The Planning Commission shall make its recommendation to the City Council on
the night of the public hearing. In the event that no action can be taken by the
Planning Commission because of the absence of available information or, in its
judgment, an inadequate period of time has elapsed to fully examine or study the
application or other submission, the period of time for the action by the City shall be,
for purposes of Minnesota Statutes Section 15.99, be immediately extended for an
additional sixty(60) days, or such lesser time as the City may, in its discretion, deem
reasonable under the circumstances, and the person or persons making the application
or other submission shall be immediately notified of the extension in writing.
118
Ordinance No.
F. Action by The City Council.
(1) All petitions for amendments shall be forwarded to the City Council from the
Planning Commission. The City Council shall hold an official public hearing at the
next available meeting following the Planning commission public hearing, with
adequate time given to prepare the minutes of the hearing, and follow the process for
approval of an ordinance as required under the Fridley City Charter. In no case shall
this exceed sixty (60) days either from the date of the receipt of the completed
application or submission, unless extended by the ' ' Citv Council
to a date agreeable to , the petitioner. (Ref. 1082)
(2) If the request is for a district change, notices shall be mailed not less than ten (10)
days nor more than thirty (30) days prior to the hearing to all owners of property
within 350 feet of the parcel of land included in the request. The notice shall contain
the dates of the public hearings before both the Planning Commission and the City
Council. Failure of a property owner to receive notice shall not invalidate any such
proceedings as set forth within this Chapter. (Ref. 1082)
5. SPECIAL USE PERMIT
A. Purpose.
The purpose of this Section is to provide the City of Fridley with a reasonable degree of
discretion in determining the suitability of certain designated uses upon the general
welfare, public health and safety. In making this determination the City may consider the
nature of the land upon which the use is to be located, the nature of the adjoining land or
buildings, the effect upon traffic into and from the premises or on any adjoining roads,
and all such other factors as the City shall reasonably deem a requisite of consideration in
determining the effect of such use. For the purpose of recording, the terms Special Use
Permit and Conditional Use Permit shall be said to mean one and the same pursuant to
M.S.A. Section 462.3595, Subdivision 4.
B. Application.
Whenever this Chapter requires a Special Use Permit, an application in writing must be.
filed with the City together with such filing fee as may be established by the City Council
and shall be accompanied by a site plan or other documentation as required by the City.
C. Referral To The Planning Commission.
The application and related file shall be referred to the Planning Commission for study
concerning the effect of the proposed use on the Comprehensive Plan and on the
character and development of the neighborhood. The Planning Commission shall hold an
official public hearing within forty (4Q) days of the date of filing such petition. (Ord.
1082)
119
Ordinance No.
D. Hearing.
A notice of public hearing shall be published in the official newspaper at least ten (10)
days but not more than thirty(30) days prior to the date of the hearing.
E. Action by The Planning Commission.
(1) Notices shall be mailed to a11 owners of property within 350 feet of the parcel
included in the request not less than ten(10) days nor more than thirty(30) days prior
to the hearing. Failure of a property owner to receive notice shall not invalidate any
such proceedings as set forth within this Chapter. (Ref. 1026)
(2) The Commission sha11 make its recommendation to the City Council on the night of
the public hearing, except as otherwise provided herein.
F. Council Action.
(1) The City Council shall consider applications for Special Use Permits at the next
available meeting following the Planning Commission public hearing, with adequate
time given to prepare the minutes of the hearing. In no case shall this exceed sixty
(60) days from the receipt of the completed application unless otherwise extended,
with written notice to the applicant for up to sixty (60) additional days, or as
otherwise consented to in writing by the Petitioner.
(2) Approval: In considering applications for Special Use Permits under this Code, the
City Council shall consider the advice and recommendations of the Planning
Cominission and the effect of the proposed use upon the health, safety and general
welfare of occupants of surrounding lands, existing and anticipated traffic conditions
and the effect on values of property in the surrounding area. If it is determined that
the proposed use will not be detrimental to the health, safety or general welfare of the
community, nor will cause serious traffic congestion nor hazard, nor will seriously
depreciate surrounding property values, and that the same is in harmony with the
general purpose and intent of the Zoning Code, the City Council may grant such
permit and may impose conditions and safeguards therein by a favorable vote of a
majority of all members of the Council.
(3) Agreement: The City Council may require a written agreement, deposit of certified
check or funds, a bond or other assurance of faithful observance of conditions, the
violation of which shall invalidate the permit and shall be considered a violation of
this Chapter.
120
Ordinance Na
(4) Denial: Special Use Permits may be denied by motion of the Council and such motion
shall constitute that conditions required for approval do not exist.
No application for a Special Use Permit which has been denied wholly or in part,
shall be resubmitted for a period of six (6) months from the date of said order of
denial, except on new ground or new evidence or proof of changes of conditions
found to be valid by the Planning Commission.
G. Lapse of a Special Use Permit by Non-Use.
Whenever within one (1) year after granting a Special Use Permit, the recipient of the
Special Use Permit shall not have commenced the work as required by the permit, then
such permit shall become null and void unless a petition for an extension of time in which
to complete the work is granted. Such extension shall be requested in writing and filed
with the City at least twenty (20) days before the expiration of the original Special Use
Permit. The request for extension shall state facts showing a good faith attempt to
complete the work. Such petition shall be presented to the City Council for final action.
F. Revocation of Special Use Permit.
Failure to comply with any and all conditions and stipulations issued with a Sspecial
U�tse �ermit shall result in revocation of the Sspecial U�se �ermit. Revocation shall
occur after a public hearing by the City Council and in compliance with Minnesota
Statutes Chapter 462. All costs incurred by the City during the revocation process may
be assessed to the property.
6. VARIANCES
A. Appeals Commission.
The City Council created an Appeals Commission to serve as the�Board of aAppeals and
�Adjustment; and to exercise all the authority and perform all functions of said �Board
pursuant to Minnesota Statute Sections 462.351 to 462.364 and operate according to the
Fridley City Code.
B. Petition by Owner.
� ,
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121
Ordinance No.
(�1) : A variance may be granted
when it is in harmonv with the e�neral purposes and intent of this Chapter and when
the variance is consistent with the comprehensive plan. A property owner may a�ea�
request a variance when
the owner establishes that there are practical difficulties
in complvin with this Chapter.
An application must be filed with the City and�must state the
exceptional conditions and the peculiar and practical difficulties claimed as a basis for
a variance.
C. Hearin�.
Within thirtv (301 days after filing a completed anplication, the Appeals Commission
shall hold a hearing thereon and shall hear such persons that want to be heard. Notice of
such hearin� shall be mailed out at least ten (101 davs before the date of hearin�to each
owner of affected ,�ropertv situated wholl�partially within 350 feet of the requested
variance location.
ED. Recommendations by Appeals Commission.
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ei��e�s--�j=�3�€ee�-��t� . The Appeals
Commission must act and renort its recommendations �within a reasonable time�e�
��e�s-�e�ri�sste„ �,,,,,, .,,.o ;�� a �
, �.,�
s�je���---�e se��e�s e�-�e-��e���-�e��—��i�e gy--o��sl�
so that the City Council can act on the application within
sixty (60) davs of receipt of com lep ted application. The Appeals Commission may
imuose conditions in the antin� of a variance that the Commission considers necessarv_
to protect adjacent nroperties. (Ref. 1026)
�E. Variances in R-1 Zoning.
(1) In areas zoned R-1 (One Family Dwelling District) and S-1 (Hyde Park
Nei�hborhood District�, the Appeals Commission has the authority to grant final
approval of variances when all of the following conditions are met:
(a) There is unanimous agreement of the Appeals Commission.
(b) The staff concurs with the recommendations of the Appeals Commission.
(c) The general public attending the meeting or responding to the notice of public
hearing have no objection.
122
Ordinance No.
(d) The petitioner is in agreement with the recommendation.
(2) When the above conditions are not met, the variance request must be reviewed by the
City Council.
�F. Record of Action Taken.
The Appeals Commission shall provide for a written record or video recordin� of its
proceedings which shall include the minutes of its meeting, its findings and the
recommendation1 e� approval, or denial of each matter heard by it. The finding of fact
sha11 contain the following:
(1) The public policy which is served by requirement.-i
(2) 'I'he unique circumstance of the property that cause ractical
difficulties�e�in the strict application of the requirement.-; and
(3) �
• �
stinulations of the variance approval
�G. Action by The City Council.
The Citv Council ��* ,�;-ne���'�� ' �, ���r -� must act on the
recommendation of the Appeals Commission,
' , and decide on the action to be taken within sixty(60�days of the notice of
variance.
FH. Lapse of Variance by Non-use. .
If work as permitted by a variance is not commenced within one year and completed
within two years after granting of a variance, then the variance shall become null and
void unless a petition for extension of time in which to complete the work has been
granted by the City Council. Such extension shall be requested in writing and filed with
the City at least twenty (20) days before the expiration of the original variance. The
request for extension shall state facts showing a good faith attempt to complete the work
permitted in the variance. Such petition shall be presented to the a����e�} Citv
Council for review and/or decision.
123
Ordinance No.
7. APPEALS
A. Appeals Commission.
The City Council created an Anpeals Commission to serve as the Board of Apneals and
Adiustment and to exercise all the authoritv and perform all functions of said Boazd
�ursuant to Minnesota Statute Sections 462 351 to 462.364 and operate according to the
Fridley Citv Code.
B. Petition by Owner.
�l��berson aggrieved by an alle�ed error in anv order, reQUirement, decision, or
determination made by a Code Enforcement Officer or anv other dulv authorized
a¢ent in the enforcement of this Chapter mav reguest a hearingLbefore the Appeals
Commission The appeal must be made in writin� to the Community Develonment
Director according to the terms and procedures established in Chapter 128 of City
Code and must fully state the order a�pealed from, the facts of the matter, and the
mailing address of the owner.
C. Hearing.
The Communitv Development Director shall noti the Appeals Commission and the
�ropertv owner of the hearing's date time and place. Within sixtv (60) davs after filing
an a�peal from the administrative order, the Appeals Commission shall hold a public
hearing thereon unless a date is a egr ed upon bv the propertv owner and the Citv. Both
the property owner and representatives of the Citv may appear at the hearin� with
Council and may call witnesses and present relevant and competent evidence.
D. Recommendations bv Appeals Commission.
Within ten (10�days after such hearin� the Appeals Commission shall reverse or affirm
whollYor partly or may modify the order reauirement decision or determination of the
Code Enforcement Officer or other dulv authorized agent.
E. Record of Action Taken.
The Appeals Comxnission shall provide for a written record or video recordin� of its
proceedin�s which shall include the minutes of its meetin�, its findin�s and the
recommendation a�,proval or denial of each matter heard by it. The findin�of fact sha11
contain the followin�:
L�The public policy which is served bv requirement;
�2�The unique circumstance of the property that cause practical
difficulties in the strict a�plication of the requirement; and
124
Ordinance No.
(3�v stipulations of the variance a roval.
F. Appeal to Council.
Anv nerson a�Qrieved by the decision of the Appeals Commission mav appeal that
decision to the City Council by filing notice of such appeal with the Community
Develonment Director within twentv (20� davs of receivin� notice of the Appeals
Commission's decision. The Appeal must be in writin� and must include a statement of
the alle�ed errors or omissions of the Appeal Commission The City Council shall review
the record and recommendation created b ty he Appeals Commission within twentv (20�
davs followin� an apneal re9uest and shall reverse or affirm whollv or partly or modify
the order, reauirement, decision or deternunation of the Appeal Commission If the
Council fails to make a timely decision the appeal shall be deemed to have been
ap roved.
�8. VACATIONS
A. Application.
�x-e��A private part desirin�to vacate any up blic right of way e�ease�e�mav file a
""' �YYI'^^+'^~ '" '�""*'"R + '' �' a written vacation r uest with the City together
with s��g the fee a��e established in Chapter 11 of the Cit�Code�3��C�
�s� and the documentation �s required
by the City on the application. Documentation s�a�l�mav include a written petition signed
by�a majoritv of the property owners directly taking access from or abutting the ublic
right of way �� to be vacated; indicatin� their ageement of the vacation
request.
B. Public Water
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If a public ri t of
wav included in a vacation application adjoins a body of public water a written notice
must be sent to the Commissioner of the Minnesota Denartment of natural Resources at
least sixtv(60) davs before the hearin�on the matter In such cases the Citv ma�provide
for an extension of no more than sixt�60) davs of the neriod for consideration of the
a�lication bv notifvin�pplicant in writin� Failure of a property owner to receive
notice shall not invalidate anv such proceedings as set forth within this Chapter.
C. Council Hearing and Action.
125
Ordinance No.
{� Hearin�. The City Council shall conduct a public hearing following notice described
in this Section on the vacation request. The City Council shall follow such procedures
as established bv the Citv Charter for approval of vacation requests.
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posted notice and a minimum ten (10�dav written notice to anv adjoinin�nroperty
owner and on public ri t of wav vacations.
(3) Reservation of Interest. The Citv Council mav specify the extent to which such
vacation affects existin� easements therein and the extent to which the vacation
affects the authoritv of anv nerson, corporation or citv owning or controlling electric
or tel hone poles and lines �as and sewer lines or water pipes mains and hvdrants
thereon or thereunder, to continue to maintain the same or to enter upon such up blic
ri�ht of way or portion thereof vacated to maintain repair replace remove or
otherwise attend thereto.
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126
Ordinance No.
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$9. BUILDING PERMITS
A. No construction shall commence until a building permit has been issued indicating that
the existing or proposed structure and the use of the land, comply with this Chapter and
all building codes.
(1) All applications for building permits which will affect the outside dimensions of a
structur�shall be accompanied by three (3) copies of a site plan.
(2)If the site consists of land not a part of a subdivision or land composed of partial lots,
the site plan shall be attached to a survey or a registered land survey showing the
actual dimensions of the lot, lots or parcel to be built upon. The site plan shall also
show dimensions of existing and or proposed structures to be erected or structurally
altered, their location on the site in relation to the outside boundary, the required
off-street parking plan, proposed and existing grades, which indicate drainage
considerations, and such othe� information as may be necessary to provide for the
enforcement of these regulations.
(3) Site plans submitted for all uses except one and two family dwellings shall contain
lighting and landscape plans, and all site improvements are to be bonded at the rate of
3% of the total project cost up to a maximum amount of$60,000 ^„° �„a ��° ��'�
r,-,�" +;~~°� +�°;� °�+;�^+°a ���+, guaranteed by s�s�r letter of credit or bond to the
City. t,.,�oa ,,., +t,o r;,�,�� a:�,...o+;,,.,
(4) The Council may waive the bond requirement, but a performance agreement would
then be required from the land owner, requiring the work to be done within a
reasonable time, to be fixed in the agreement, and if such improvements are not
completed within the time specified, the City may construct or complete such
improvements and assess the cost against the owner.
B. No building permit will be issued unless sufficient construction plans or written
description of construction, grading, excavating and filling as required by the City to
assure reasonable structural safety and adequacy of building and finished grades for the
proposed use have been submitted and approved.
127
Ordinance No.
C. Once construction of the foundation has been completed, an as-built certificate of survey
showing the location of the foundation shall be required, before the framing of the
structure is begun.
D. All institutional, multiple dwelling, commercial and industrial developments must obtain
a parking lot(land alteration)permit before paving may begin on any parking lot built or
added onto,that is not a part of a building pernut. A plan for the parking lot shall be
submitted to the City for approval. This plan shall show the proposed site, structures,
access drives, off-street loading spaces, screening, lighting, stacking spaces, curbing,
drainage, striping, landscaping, parking spaces, existing structures within 100 feet of the
site and paving specifications. If the proposed plan meets all City and State requirements,
a land alteration permit shall be issued.
E. Every permit issued by the City under the provisions of this Code shall expire by
limitation and become null and void if the building or work authorized by such permit is
not commenced within 180 days from the date of such permit, or if the building or work
authorized by such permit is suspended or abandoned at any time after the work is
commenced for a period of 180 days. Before such work can be recommenced, a new
permit shall be first obtained, and the fee therefor shall be one-half (1/2) the amount
required for a new permit for such work, provided no changes have been made or will be
made in the original plans and specifications for such; work; and provided further that
such suspension or abandonment has not exceeded one(1) year.
F. Any permittee holding an unexpired permit may apply for an extension of the time within
which he or she may commence work under that permit when he or she is unable to
commence work within the time required by this Section for good and satisfactory
reasons. The building official may extend the time for action by the permittee for a period
not exceeding 180 days upon written request by the permittee showing that circumstances
beyond the control of the permittee have prevented action from being taken. No permit
shall be extended more than once. In order to renew action on a permit after expiration,
the permittee shall pay a new full permit fee.
910. CERTIFICATE OF OCCUPANCY
A. A certificate of occupancy shall be obtained for all new construction stating that all
provisions of this Chapter and the Chapter of the Fridley City Code entitled "Building
and Related Permit Fees" are in compliance.
B. A certificate of compliance shall be issued to a11 existing legal nonconforming and
conforming uses which do not have a certificate of occupancy after all public health,
safety, convenience and general welfare conditions of the City Code are in compliance.
128
Ordinance No.
C. No permit or license required by the City of Fridley or other governmental agency shall
be issued by any department official or employee of the City of such governmental
agency, unless the application for such permit or license is accompanied by proof of the
issuance of a certificate of occupancy or certificate of compliance.
119. ENFORCEMENT
Violation a Misdemeanor; Penalty.
The owner of a building or premises in or upon which a violation of any provisions of
this Chapter has been committed, or shall exist; or the lessee of the entire building or
entire premises in or upon which a violation has been committed or shall exist; or the
owner or lessee of any part of the building, or premises in or upon which such violation
has been committed or shall exist, shall be guilty of a misdemeanor, and subject to all
penalties provided for such violations under the provision of Chapter 901 of this Code
each and every day that such violation continues. Any such person who, having been
served with an order to remove any such violation, shall fail to comply with said order to
remove any such violation, within ten (10) days after such service, or shall continue to
violate any provisions of the regulations made under authority of this Chapter in the
respect named in such order shall be guilty of a misdemeanor and subject to all penalties
provided for such violations under the provisions of Chapter 901 of this Code. Each day
that such violation continues shall be a separate violation.
129
Ordinance No.
Section 4: That Chapter 205, Section 205.06 of the Fridley City Code be hereby amended as
follows:
205.06. ESTABLISHMENT OF DISTRICTS
For the purpose of this Chapter the following districts are hereby established within the City of
Fridley:
Title Section
R-1 Districts; or One-Family Dwelling Districts..................................................................205.07
R-2 Districts; or Two-Family Dwelling Districts.................................................................205.08
R-3 Districts; or General Multiple Dwelling Districts..........................................................205.09
R-4 Districts; or Mobile Home Park Districts ......................................................................205.10
SFA Development; or Single Family Attached Development................................................205.11
P Districts; or Public Facilities Districts..............................................................................205.12
C-1 Districts; or Local Business Districts.............................................................................205.13
C-2 Districts; or General Business Districts.........................................................................205.14
C-3 Districts; or General Shopping Center Districts..............................................................205.15
CR-1 Districts; or General office Districts ...........................................................................205.16
M-1 Districts; or Light Industrial Districts.............................................................................205.17
M-2 Districts; or Heavy Industrial Districts...........................................................................205.18
M-3 Districts; or Heavy Industrial, Outdoor Intensive Districts............................................205.19
M-4 Districts; or Manufacturing Only Districts.....................................................................205.20
PUD Districts; or Planned Unit Development Districts .........................................................205.21
S Districts; or Special Districts...............................................................................................205.22
S-1 - Hyde Park Neighborhood District..................................................................................205.23
S-2 -Redevelopment District..................................................................................................205.24
S-3 —Heavy Industrial, Onaway Addition District.................................................................205.25
0 Overlay District....................................................................................................................205.26
0-1 -�,,,,t..._'?D' D +• T'' '�~�;±Flood�lain Mana�ement Overlay District.........205.27
__..__ ___..__._--�--—------
0-2 - Critical Areas District.....................................................................................................205.28
0-4 -Wetland District.............................................................................................................205.29
0-5 -Telecommunications Towers and Facilities District..:...................................................205.30
0-6 - Pre-1955 Residential Lots'.............................................................................................205.31
0-7—Shoreland Overlay District......................................................................205.32
0-8—Transit Oriented Development District.......................................................205.33
Said districts are shown upon the zoning map, as adopted December 29, 1955, and amended up
to the date of adoption of this Chapter. Said map and all notations, references and other
information shown thereon, sha11 be as much a part of this Chapter as if the matters and
information set forth by said map were a11 fully described herein.
130
Ordinance No.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2015.
SCOTT J. LUND, MAYOR
A'TTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Published:
131
= AGENDA ITEM
� �� CITY COUNCIL MEETING OF
Fridley
November 9, 2015
Date: November 5,2015
To: Walter T. Wysopal, City Manag�
From: Scott Hickok,Community Development Director
Julie Jones,Planning Manager
Stacy Stromberg,Planner
Katie Smet,Planning Intern
Subject: Public Hearing regarding TA#15-06, Chapter 11,Fees
Background
The amendment to the zoning code that creates a process by which property owners may be able
to expand their non-conforming structures by obtaining a Non-Conformity Expansion Permit
creates a need for a new fee. As a result, there needs to be modification to Chapter 11, Fees, to
include the permit fee for a Non-Conformity Expansion Permit.
Staff has determined that a $150 fee would cover the cost of staff review time for this permit.
Planning Commission Recommendation
At the October 21, 2015, Planning Commission meeting, a public hearing was held for TA#15-06.
No one from the public addressed the Planning Commission on this amendment.
Overall, the commission was in agreement with the proposed amendment. There was a brief
discussion regarding the steps staff would take to review an expansion permit application.
After the brief discussion, the Planning Commission recommended approval of the text
amendment as proposed.
THE MOTION WAS APPROVED UNANIMOUSLY.
Staff Recommendation
City staff recommends concurrence with the Planning Commission and that the Council holds the
public hearing for TA#15-06, on November 9, 2015. The first reading is scheduled for November
23, 2015, unless otherwise directed by Council.
132
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE
PERTAINING TO GENERAL PROVISIONS AND FEES.
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that Chapter 11, Fees, of the Fridley City Code be hereby amended and
appended into the table alphabetically as follows:
11.10. FEES
License and permit fees shall be as follows;
CODE SUBJECT FEE
205 Non-Conformitv Exnansion Permit �15�
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THI5
DAY OF 2015.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading: November 23,2015
Second Reading:
Published:
133
�� �y�E��� Community Development Department
City of Fridley
- 6431 University Avenue NE
��fw oj' Fridley MN 55432
��� Fridley 763.572.3592
� Fax: 763.571.1287
www.fridle,vmn•gov
NON-CONFORMING EXPANSION PERMIT
Property Information
Address:
Anoka County Property Identification Number(PIN#):
Legal Description:
Current Zoning: Square footage of Parcel:
Description of Non-Conformity: (one sentence summary, attached full description)
Non-Conforming Expansion is Requested to:
Fee/Property Owner Information (as it appears on property title)
**Fee owner must sign this form prior to processing
Name(please print):
Mailing address:
City: State: Zip code:
Daytime Phone: Fax Number:
Cell Phone: E-mail address:
Signature/Date:
Petitioner Information
Company Name (please print):
Contact Person's Name(please print):
Mailing address:
City: State: Zip code:
Daytime Phone: Fax Number: I
Cell Phone: E-mail address:
Signature/Date:
FOR OFFICE USE ONLY ;
Fees
$150
Application Number: Receipt#: Received By:
Application Date:
60 Day Date:
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NON-CONFORMING EXPANSION APPLICATION
SUBMISSION CHECKLIST
The following shall be the minimum submission requirements when submitting a Non-Conforming
Expansion application. Applications will not be accepted if the following is NOT submitted.
Ap;plication and Fee ` Completed application, with$150 fee.
(Applications are considered complete if all blanks are completed,and
both the fee owner and petitioner have signed the application.)
legal Description A full legal description,as documented on property deed or certificate of
title.
Sunre�r To scale certificate of survey, by a licensed surveyor. Showing north arrow,
lot lines, existing and proposed structures, driveways,and parking areas,
; setbacks, easements, significant topographical features, mature trees,
adjacent street names,and buildings on adjacent lots within 10 feet of the
' common lot lines.
Building Rendering . Elevation of building and description of materials to be used on the
' building.
Narrative Narrative describing the expansion permit,the intended use of the
proposed structure, and how the request would meet various expansion
' permit considerations as outlined in city code.
Plans to be submitted should include three (3)FOLDED full size copies,with one(1j 11x17 to-scale
reduction and one(1)8 Y:x 11 reduction and an electronic pdf�le via e-mail or CD.
The City reserves the right,based on a case by case analysis,to waive any of the above requirements.
The City also reserves the right,to require additional submittal items if it is deemed necessary to act
upon the variance.
135
.
� �����:
��t�
� Community Development Department
i;���r i '�,
�°' Ftidley Non-Conforming Expansion Permit Process
�'�
The City shall make its decision subject to conditions within 60 days of receipt of a complete application. I'
An Expansion Permit for a non-conforming structure can be granted administratively through the �
Community Development Director or the Planning Manager if the application meets the burden of
proving the following:
1. The expansion does not increase or intensify the existing non-conformity
2. The expansion would be architecturally compatible with the existing principal structure
3. Adequate off-street parking exists for the expansion
4. There are no adverse off-site impacts from such things as traffic,vision safety, noise,dust, ,
odors,or parking.
5. The expansion is an improvement to the appearance and stability of the property and
neighborhood by ensuring the proposed expansion meets all current zoning and building code
requirements.
6. The expansion is compatible with the character of the neighborhood.
The Community Development Director of Planning Manager may impose reasonable conditions on the
permit related to health and safety of the general public.
Additional information regarding the Non-Conforming Expansion Permit process may be obtained by
calling the City of Fridley Planning Department at 763-572-3595 or 763-572-3599.
136
���� AGENDA ITEM
.,.3,�
�°f CITY COUNCIL MEETING OF
Fridley
November 9, 2015
Date: November 5,2015
To: Walter T.Wysopal, City Manager ��/ .
From: Scott Hickok,Community Development Director
Julie Jones,Planning Manager
Stacy Stromberg,Planner
Subject: Public Hearing Regardi.ng Repealing Ch. 205.27 of the Fridley Zoning Code and Adopting a
New Floodplain Ordinance
Background
After years of waiting,this past July,the City was notified that FEMA would be issuing new Flood
Insurance Rate Maps(FiRMs)that would become effective December 16,2015.Issuance of new maps
comes with a requirement that the City adopt revised floodplain management regulations along with the
new maps.The City must adopt the new regulations and maps by December 16,2015,in order to
continue to participate in the National Flood Insurance Program.The DNR is the State Coordinating
Agency for the flood insurance program, so they have provided a code template for the City to follow for
this code text amendment.
Staff is proposing to repeal the existing Creek and River Preservation Overlay Zoning District 1,Chapter
205.27 of City Code,and adopt the DNR template with modifications that clarify some parts and remove
or change some parts which conflicted with current procedures or did not apply to Fridley's situation.
Staff is currently still negotiating our desired changes to the code template with the DNR staff,but we
anticipate that process being complete prior to the November 9 public hearing before the City Council.
The most important part of this text amendment is the maps. Staff has taken the digital data provided by
FEMA and superimposed the floodplain layers onto our existing Zoning Map(attached).It is important to
note that the floodplain lines on the City's existing Zoning Map were digitized by hand,which introduced
human error in interpreting the 1981 paper FEMA maps that did not include parcel boundaries or many
street locations. Staff has compared the new floodway and flood fringe boundaries with the old finds that
most properties are positively(vs.negatively)impacted by the changes in the new maps.Anticipating that
property owners would want to be notified of potential changes to their property floodplain status,
however, staff sent out 429 notices to a11 potentially impacted property owners on November 2,2015.
Commission Review
On October 21,2015,The Planning Commission held a public hearing regarding TA#15-05. One resident
spoke at the hearing,asking questions about how this text amendment compazed to the new rules that the
DNR is coming out with for shoreland property in the Critical Area or Mississippi National River and
Recreation Area(MNRRA).This was a reasonable question to ask and pointed out that owners of shoreland
137
property are governed by multiple overlay zoning districts,which is confusing as each have different
requirements. Staff assured the concerned resident that we have a University of Minnesota environmental
problem solving class looking at that very issue currently,and they are going to make recommendations to
the City Council on December 14,2015.This proposed text amendment,however,is dealing with flood
issues and does not address shoreland vegetation requirements, so it will not conflict any future changes to
the City's Critical Area overlay zoning district code.The Planning Commission recommended approval of
the proposed text unanimously.
Recommendation
Staffrecommends that the City Council hold the public hearing as advertised for Text Amendment#15-
OS on November 9, for the purpose of hearing anyone concerned about the proposed changes to the City's
Floodplain code and map. Staff anticipates that many people will ca11 and show up at the public hearing
regarding the changes to FEMA's maps, due to the mailing that should just be entering mailboxes today.
While staff is still negotiating approval from the DNR on the proposed ordinance language,it is important
for the City to move forward with the process to allow those who need it in the City to continue to have
Flood Insurance.It is essential that the City Council also break from normal procedures and conduct the
First Reading of the proposed ordinance on November 9.If the City does not complete the second reading
of the proposed ordinance on its November 23 meeting,the ordinance cannot be published by the
December 16,2015 deadline.If the City does not meet this deadline,property owners in Fridley will not
be able to obtain flood insurance.In addition,the City would need to re-apply to be included in the
National Flood Insurance Program,which would be a cumbersome process for the City to endure.
138
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 205.27 CREEK AND RIVER
PRESERVATION OVERLAY pF THE FRIDLEY ZONING C4DE PERTAINING TO
FLOODPLAIN MANAGEMENT
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
Section 1: That Section 205.27 of the Fridley Zoning Code entitled Creek and River
Preservation District hereby be repealed in its entirety.
Section 2: That Section 205.27 of the Fridley Zoning Code be hereby renamed Floodplain
Management Overlay Zoning District O-1 and amended as follows:
FRIDLEY ZONING CODE
CHAPTER 205.27 FLOODPLAIN MANAGEMENT OVERLAY DISTRICT
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND
PURPOSE
1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota
Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units
to adopt regulations designed to minimize flood losses. Therefore, the City Council of
Fridley, Minnesota, does ordain as follows.
1.2 Purpose:
1.21 This ordinance regulates development in the flood hazard areas of Fridley, Minnesota.
These flood hazard areas are subject to periodic inundation, which may result in loss
of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base. It is the purpose of this ordinance to promote
the public health, safety, and general welfare by minimizing these losses and
disruptions.
1.22 National Flood Insurance Program Compliance. This ordinance is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified as 44
Code of Federal Regulations Parts 59-78, as amended, so as to maintain the
community's eligibility in the National Flood Insurance Program.
1.23 This ordinance is also intended to preserve the natural characteristic and function of
water courses and floodplains in order to moderate flood and storm water impacts,
improve water quality, reduce soil erosion, protect aquatic and riparian habitat,
provide recreational opportunities, provide aesthetic benefits and enhance community
and economic development.
139
SECTION 2.0 GENERAL PROVISIONS
2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to
Fridley and includes three floodplain districts: Floodway, Flood Fringe, and General
Floodplain.
2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the
standards in Sections 4 or 5 will apply, depending on the location of a property.
2.12 Locations where Floodway and Flood Fringe districts are not delineated on the
floodplain maps are considered to fall within the General Floodplain district. Within
the General Floodplain district, the Floodway District standards in Section 4 apply
unless the floodway boundary is determined, according to the process outlined in
Section 6. Once the floodway boundary is determined, the Flood Fringe District
standards in Section 5 may apply outside the floodway.
2.3 Incorporation of Maps by Reference: The following maps together with all attached
material aze hereby adopted by reference and declared to be a part of the Official Zoning
Map and this ordinance. T'he attached material includes the Flood Insurance Study for
Anoka County, Minnesota, and Incorporated Areas and the Flood Insurance Rate Map
enumerated below, all dated December 16, 2015 and all prepared by the Federal Emergency
Management Agency. These materials are on file in the Planning Division of the City
O�ce.
• 27003C0381E
• 27003C0382E
• 27003C0383E
• 27003C0384E
• 27003C0391E
• 27003C0392E
• 27003C0401E
• 27003C0403E
• 27003C0411E
140
2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevatian (RFPE)
is an elevation no lower than one foot above the elevation of the regional flood plus any
increases in flood elevation caused by encroachments on the floodplain that result from
designation of a floodway.
2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances
on the Flood Insurance Rate Map.
2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning
map and actual field conditions,the flood elevations shall be the governing factor. The
Zoning Administrator must interpret the boundary location based on the ground
elevations that existed on the site on the date of the first National Flood Insurance
Program map showing the area within the regulatory floodplain, and other available
technical data.
2.52 Persons contesting the location of the district boundaries will be given a reasonable
opportunity to present their technical evidence to the Federal Emergency Management
Agency, according to the Code of Federal Regulations 44,part 65.
2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal,
abrogate, or impair any existing easements, covenants, or other private agreements.
However, where this ordinance imposes greater restrictions, the provisions of this ordinance
prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the
extent of the inconsistency only.
2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the
floodplain districts or land uses permitted within such districts will be free from flooding or
flood damages. This ordinance does not create liability on the part of the City of Fridley or
its officers or employees for any flood damages that result from reliance on this ordinance or
any administrative decision lawfully made hereunder.
2.8 Severability: If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be
affected and shall remain in full force.
2.9 Definitions: Unless specifically defined below,words or phrases used in this oxdinance must
be interpreted according to common usage and so as to give this ordinance its most
reasonable application.
2.911 Accessory Use or Structure -A subordinate building or use which is located on the
same lot as the principal building or use and is necessary or incidental to the conduct
of the principal building or use.
2.912 Base Flood Elevation - The elevation of the "regional flood." The term "base flood
elevation"is used in the flood insurance survey.
141
2.913 Basement - any area of a structure, including crawl spaces, having its floor or base
subgrade (below ground level) on all four sides, regardless of the depth of excavation
below grou.nd level.
2.914 Special Use - a specific type of structure or land use listed in the official control that
may be allowed but only after an in-depth review procedure and with appropriate
conditions or restrictions as provided in the official zoning controls or building codes
and upon a finding that:
(a) The certain conditions as detailed in the zoning ordinance exist.
(b) The structure and/or land use conform to the comprehensive land use plan if one
exists and are compatible with the existing neighborhood.
2.915 Critical Facilities - facilities necessary to a community's public health and safety,
those that store or produce highly volatile, toxic or water-reactive materials, and those
that house occupants that may be insufficiently mobile to avoid loss of life or injury.
Examples of critical facilities include hospitals, correctional facilities, schools, daycare
facilities, nursing homes, fire and police stations, wastewater treatment facilities,
public electric utilities, water plants, fuel storage facilities, and waste handling and
storage facilities.
2.916 Development - any manmade change to improved or unimproved real estate,
including buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.
2.917 Equa1 Degree of Encroachment - a method of determining the location of floodway
boundazies so that floodplain lands on both sides of a stream are capable of conveying
a proportionate share of flood flows.
2.918 Fence - A structure, partition, or wall erected for the purpose of enclosing a piece of
land or to divide a piece of land into distinct portions. The term "fence" includes an
enclosure made of a permanent material, such as wood or iron.
2.919 Fence, Open - A structure of rails, planks, stakes, strung wire, or similar material
erected as an enclosure, barrier, or boundary. Open fences are those with 50 percent or
less of their surface area open for free passage of light, air, and water. Examples of
such fences include but are not limited to picket and split rail fences. An open type
fence of posts and wire is not considered to be a structure under this ordinance. Fences
that have the potential to obstruct flood flows, such as chain link fences and rigid
walls, are regulated as structures under this ordinance.
2.920 Flood - a temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
2.921 Flood Frequency - the frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
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__ __ --- - I
2.922 Flood Fringe - that portion of the floodplain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance Study for
Anoka County,Minnesota.
2.923 Flood Prone Area- any land susceptible to being inundated by water from any source
(see"Flood").
2.924 Floodplain - the beds proper and the areas adjoining a wetland, lake or watercourse
which have been or hereafter may be covered by the regional flood.
2.925 Floodproofing - a combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination
of flood damages.
2.926 Floodway - the bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining floodplain which are reasonably required to carry or store the
regional flood discharge.
2.927 Lowest Floor - the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage in an area other than a basement area, is not considered a building's
lowest floor.
2.928 Manufactured Home — a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home"
does not include the term "recreational vehicle."
2.929 Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory floodplain which may impede, retard, or change the
direction of the flow of water, either in itself or by catching or collecting debris carried
by such water.
2.930 One Hundred Year Floodplain - lands inundated by the "Regional Flood" (see
definition).
2.931 Principal Use or Structure - all uses or structures that are not accessory uses or
structures.
2.932 Reach - a hydraulic engineering term to describe a longitudinal segment of a stream or
river influenced by a natural or man-made obstruction. In an urban area, the segment
of a stream or river between two consecutive bridge crossings would most typically
constitute a reach.
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2.933 Recreational Vehicle - a vehicle that is built on a single chassis, is 400 square feet or
less when measured at the largest horizontal projection, is designed to be self-
propelled or permanently towable by a light duty truck, and is designed primarily not
for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use. For the purposes of this ordinance, the term
recreational vehicle is synonymous with the term"travel trailer/travel vehicle."
2.934 Regional Flood - a flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected
to occur on an average frequency in the magnitude of the 1% chance or 100-year
recurrence interval. Regional flood is synonymous with the term "base flood" used in
a flood insurance study.
2.935 Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot
above the elevation of the regional flood plus any increases in flood elevation caused
by encroachments on the floodplain that result from designation of a floodway.
2.936 Repetitive Loss -Flood related damages sustained by a structure on two separate
occasions during a ten year period for which the cost of repairs at the time of each
such flood event on the average equals or exceeds 25% of the market value of the
structure before the damage occurred.
2.937 Special Flood Hazard Area - a term used for flood insurance purposes synonymous
with"One Hundred Year Floodplain."
2.938 Structure - anything constructed or erected on the ground or attached to the ground or
on-site utilities, including, but not limited to, buildings, sheds, detached garages,
cabins, manufactured homes, recreational vehicles not meeting the exemption criteria
specified in Section 9.22 of this ordinance and other similar items.
2.939 Substantial Damage - means damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or exceed
50 percent of the market value of the structure before the damage occurred.
2.940 Substantial Improvement - within any consecutive 365-day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair after
damage, addition, or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred
"substantial damage," regardless of the actual repair work performed. The term does
not,however, include either:
(a)Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which aze the minimum necessary to assure
safe living conditions.
144
(b)Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structure." For the
purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal
Regulations, Part 59.1.
2.10 Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 2.3
� above may include floodplain areas that lie outside of the corporate boundaries of the City of
Fridley at the time of adoption of this ordinance. If any of these floodplain land areas are
annexed into the City after the date of adoption of this ordinance, the newly annexed
floodplain lands will be subject to the provisions of this ordinance immediately upon the date
of annexation.
SECTION 3.0 ESTABLISHMENT OF FLOOD OVERLAY DISTRICTS
3.1 Districts:
3.11 Floodway District. The Floodway District includes those areas designated as
floodway on the Flood Insurance Rate Map adopted in Section 2.3.
3.12 Flood Fringe District. The Flood Fringe District includes those areas designated as
Special Flood Hazard Areas on the Flood Insurance Rate Map adopted in Section 2.3,
as being within Zones AE,AO, or AH and are adjacent to a floodway
3.13 General Floodplain District. T'he General Floodplain District are the Special Flood
Hazard Areas designated as Zone A or Zone AE, AO, or AH which are not adjacent to
a floodway on the Flood Insurance Rate Map adopted in Section 2.3.
3.2 Compliance: Within the floodplain districts established in this ordinance, the use of any
land, the use, size, type and location of structures on lots, the installation and maintenance of
transportation,utility, water supply and waste treatment facilities, and the subdivision of land
must comply with the terms of this ordinance and other applicable regulations. All uses not
listed as permitted uses or special uses in Sections 4.0, 5.0 and 6.0, respectively, are
prohibited.
In addition, a caution is provided here that:
3.21 New and replacement manufactured homes and certain recreational vehicles are subject
to the general provisions of this ordinance and specifically Section 9.0.
3.22 Modifications, additions, structural alterations, normal maintenance and repair, or
repair after damage to existing nonconforming structures and nonconforming uses of
structures or land are regulated by the general provisions of this ordinance and
specifically Section 11.0.
3.23 All structures must be constructed with electrical, heating, ventilation, plumbing, and
air conditioning equipment and other service facilities that are designed and/or located
145
so as to prevent water from entering or accumulating within the components during
conditions of flooding.
3.24 As-built elevations for elevated or floodproofed structures must be certified by ground
surveys and flood-proofing techniques must be designed and certified by a registered
professional engineer or architect as specified in the general provisions of this
ordinance and specifically as stated in Section 10.0 of this ordinance.
3.25 Critical facilities, as defined in Section 2.915, are prohibited in all floodplain districts.
SECTION 4.0 FLOODWAY DISTRICT (FV�
4.1 Permitted Uses: The following uses, subject to the standazds set forth in Section 4.2, are
permitted uses if otherwise allowed in the underlying zoning district or any applicable
overlay district:
4.11 General fanning, pasture, grazing, outdoor plant nurseries, horticulture, truck farming,
forestry, sod fanning, and wild crop harvesting.
4.12 Industrial-commercial loading areas and parking areas.
4.13 Open space uses, including but not limited to private and public golf courses, tennis courts,
driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming azeas, parks,
wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and
fishing areas, and single or multiple purpose recreational trails.
4.14 Residential lawns, gardens,parking areas, and play areas.
4.15 Railroads, streets, bridges, utility transmission lines and pipelines, provided that the
Department of Natural Resources' Area Hydrologist is notified at least ten days prior to
issuance of any permit, and that the standards in Sections 4.31, 4.33(a) and 4.36 of this
ordinance are met.
4.2 Standards for Floodway Permitted Uses:
4.21 The use must have low flood damage potential.
4.22 With the exception of the uses listed in Section 4.15, the use must not obstruct flood
flows or increase flood elevations and must not involye structures, fill, obstructions,
excavations or storage of materials or equipment.
4.23 Any facility that will be used by employees or the general public must be designed
with a flood warning system that provides adequate time for evacuation if the area is
inundated to a depth and velocity such that the depth(in feet)multiplied by the velocity
(in feet per second) would exceed a product of four upon occurrence of the regional
(1% chance)flood.
146 I
4.3 The foll�wing uses, may be allowed as special uses following the standards and
procedures set forth in Section 14.4 of this ordinance and further subject to the
standards set forth in Section 4.4, if otherwise allowed in the underlying zoning district
or any applicable overlay district.
(a) Structures accessory to the uses listed in 4.1 above and the uses listed in 4.3(b) - (�
below.
(b) Extraction and storage of sand, gravel, and other materials.
(c) Marinas,boat rentals, docks,piers,wharves, and water control structures.
(d) Storage yards for equipment,machinery, or materials.
(e) Placement of fill or construction of fences that obstruct flood flows.
(� Levees or dikes intended to protect agricultural crops for frequency flood events
equal to or less than the 10-year frequency flood event.
4.4 Standards for Floodway Special Uses:
4.41 All Uses. A special use must not cause any increase in the stage of the 1°lo chance or
regional flood or cause an increase in flood damages in the reach or reaches affected.
4.42 Fill; Storage of Materials and Equipment:
(a) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
(b)Fill, dredge spoil, and other similar materials deposited or stored in the floodplain
must be protected from erosion by vegetative cover, mulching, riprap or other
acceptable method. Permanent sand and gravel operations and similaz uses must be
covered by a long-term site development plan.
(c) Temporary placement of fill, other materials, or equipment which would cause an
increase to the stage of the 1% percent chance or regional flood may only be
allowed if the City Council has approved a plan that assures removal of the
materials from the floodway based upon the flood warning time available.
4.43 Accessory Structures:
(a) Accessory structures must not be designed for human habitation.
(b) Accessory structures, if permitted, must be constructed and placed on the building
site so as to offer the minimum obstruction to the flow of flood waters:
147
(1) Whenever possible, structures must be constructed with the longitudinal axis
parallel to the direction of flood flow; and
(2) So far as practicable, structures must be placed approximately on the same
flood flow lines as those of adjoining structures.
(c) Accessory structures must be elevated on fill or structurally dry floodproofed in
accordance with the FP-1 or FP-2 floodproofing classifications in the State
Building Code. All floodproofed accessory structures must meet the following
additional standards:
(1) The structure must be adequately anchored to prevent flotation, collapse or
lateral movement and designed to equalize hydrostatic flood forces on exterior
walls; and
(2) Any mechanical and utility equipment in the structure must be elevated to or
above the regulatory flood protection elevation or properly floodproofed.
(d) As an alternative, an accessory structure may be internally/wet floodproofed to the
FP-3 or FP-4 floodproofing classifications in the State Building Code, provided the
accessory structure constitutes a minimal investment and does not exceed 576
square feet in size. A detached garage may only be used for parking of vehicles and
limited storage. All structures must meet the following standards:
(1) To allow for the equalization of hydrostatic pressure, there must be a minimum
of two "automatic" openings in the outside walls of the structure, with a total
net area of not less than one square inch for every square foot of enclosed area
subject to flooding; and
(2) There must be openings on at least two sides of the structure and the bottom of
a11 openings must be no higher than one foot above the lowest adjacent grade to
the structure. Using human intervention to open a garage door prior to flooding
will not satisfy this requirement for automatic openings.
4.44 Structural works for flood control that will change the course, current or cross section
of protected wetlands or public waters are subject to the provisions of Minnesota
Statutes, Section 103G.245.
4.45 A levee, dike or floodwall constructed in the floodway must not cause an increase to
the 1%chance or regional flood. The technical analysis must assume equal conveyance
or storage loss on both sides of a stream.
4.46 Floodway developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
SECTION 5.0 FLOOD FRINGE DISTRICT (FF)
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5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the
underlying zoning district(s)that comply with the standards in Sections 5.2.
5.2 Standards for Flood Fringe Permitted Uses:
5.21 All structures, including accessory structures,must be elevated on fill so that the lowest
floor, as defined, is at or above the regulatory flood protection elevation. The finished
fill elevation for structures must be no lower than one foot below the regulatory flood
protection elevation and the fill must extend at the same elevation at least 15 feet
beyond the outside limits of the structure.
(a) All service utilities, including ductwork, must be elevated or water-tight to
prevent infiltration of floodwaters.
(b) As an alternative to elevation on fill, an accessory structure that constitutes a
minimal investment and that does not exceed 576 square feet in size may be
internally floodproofed in accordance with Section 4.33.
Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the regulatory flood protection elevation. These
alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-
grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of
an enclosed area shall be considered above-grade and not a structure's basement or
lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure;
2) it is designed to internally flood and is constructed with flood resistant materials;
and 3) it is used solely for parking of vehicles, building access or storage. The above-
noted alternative elevation methods are subject to the following additional standards:
(a) Design and Certification - The structure's design and as-built condition must be
certified by a registered professional engineer or architect as being in compliance
with the general design standards of the State Building Code and, specifically,
that all electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities must be at or above the regulatory flood protection
elevation or be designed to prevent flood water from entering or accumulating
within these components during times of flooding.
(b) Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully
enclosed.areas such as crawl spaces or tuck under garages must be designed to
internally flood and the design plans must stipulate:
(1)The minimum area of openings in the walls where internal flooding is to be
used as a floodproofing technique. There shall be a minimum of two openings
on at least two sides of the structure and the bottom of all openings shall be no
higher than one foot above grade. The automatic openings shall have a
minimum net azea of not less than one square inch for every square foot of
enclosed area subject to flooding unless a registered professional engineer or
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architect certifies that a smaller net area would suffice. The automatic
openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of flood waters
without any form of human intervention; and
(2)That the enclosed area will be designed of flood resistant materials in
accordance with the FP-3 or FP-4 classifications in the State Building Code
and shall be used solely for building access,parking of vehicles or storage.
5.22 The cumulative placement of fill or similaz material on a parcel must not exceed 1,000
cubic yards, unless the fill is specifically intended to elevate a structure in accordance
with Section 5.21 of this ordinance, or if allowed as a special use under Section 5.33
below.
5.23 The storage of any materials or equipment must be elevated on fill to the regulatory
flood protection elevation.
5.24 The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
5.25 Fill must be properly compacted and the slopes must be properly protected by the use
of riprap, vegetative cover or other acceptable method.
5.26 All new principal structures must have vehicular access at or above an elevation not
more than two feet below the regulatory flood protection elevation, or must have a
flood warning/emergency evacuation plan acceptable to the City Council.
5.27 Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation
lower than the regulatory flood protection elevation. However, any facilities used by
employees or the general public must be designed with a flood warning system that
provides adequate time for evacuation if the area is inundated to a depth and velocity
such that the depth (in feet) multiplied by the velocity (in feet per second) would
exceed a product of four upon occurrence of the regional (1%chance) flood.
5.28 Interference with normal manufacturing/industrial plant operations must be minimized,
especially along streams having protracted flood durations. In considering permit
applications, due consideration must be given to the needs of industries with operations
that require a floodplain location.
5.29 Flood fringe developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
5.30 Manufactured homes and recreational vehicles must meet the standards of Section 9 of
this ordinance.
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5.3 Special Uses: The following uses and activities may be allowed as special uses, if allowed
in the underlying zoning district(s) or any applicable overlay district, following the
procedures in Section 10.4 of this ordinance. Special uses must meet the standards in
Sections 5.241 through 5.30 and Section 5.4.
5.31 Any structure that is not elevated on fill or floodproofed in accordance with Section
5.21 of this ordinance.
5.32 Storage of any material or equipment below the regulatory flood protection elevation.
5.33 The cumulative placement of more than 1,000 cubic yards of fill when the fill is not
being used to elevate a structure in accordance with Section 5.21 of this ordinance.
5.4 Standards for Flood Fringe Special Uses:
5.41 The standards listed in Sections 5.24 through 5.30 apply to a11 special uses. �
5.42 Basements, as defined by Section 2.913 of this ordinance, are subject to the following:
(a) Residential basement construction is not allowed below the regulatory flood
protection elevation.
(b) Non-residential basements may be allowed below the regulatory flood protection
elevation provided the basement is structurally dry floodproofed in accordance
with Section 5.43 of this ordinance.
5.43 All areas of nonresidential structures, including basements, to be placed below the
regulatory flood protection elevation must be floodproofed in accordance with the
structurally dry floodproofing classifications in the State Building Code. Structurally
dry floodproofing must meet the FP-1 or FP-2 floodproofing classification in the State
Building Code, which requires making the structure watertight with the walls
substantially impermeable to the passage of water and with structural components
capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
Structures wet floodproofed to the FP-3 or FP-4 classification are not permitted.
5.44 The placement of more than 1,000 cubic yards of fill or other similar material on a
parcel (other than for the purpose of elevating a structure to the regulatory flood
protection elevation) must comply with an approved erosion/sedimentation control
plan.
(a) The plan must clearly specify methods to be used to stabilize the fill on site for a
flood event at a minimum of the regional (1%chance)flood event.
(b) The plan must be prepared and certified by a registered professional engineer or
other qualified individual acceptable to the CiTy Council.
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(c) The plan may incorporate alternative procedures for removal of the material from
the floodplain if adequate flood warning time exists.
5.45 Storage of materials and equipment below the regulatory flood protection elevation
must comply with an approved emergency plan providing for removal of such
materials within the time available after a flood warning.
SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF)
6.1 Permitted Uses:
6.11 The uses listed in Section 4.1 of this ordinance, Floodway District Permitted Uses, are
permitted uses.
6.12 All other uses are subject to the floodway/flood fringe evaluation criteria specified in
Section 6.2 below. Section 4.0 applies if the proposed use is determined to be in the
Floodway District. Section 5.0 applies if the proposed use is determined to be in the
Flood Fringe District.
6.2 Procedures for Floodway and Flood Fringe Determinations:
6.21 Upon receipt of an application for a permit or other approval within the General
Floodplain District, the Zoning Administrator must obtain, review and reasonably
utilize any regional flood elevation and floodway data available from a federal, state, or
other source.
6.22 If regional flood elevation and floodway data are not readily available, the applicant
must furnish additional information, as needed, to determine the regulatory flood
protection elevation and whether the proposed use would fall within the Floodway or
Flood Fringe District. Information must be consistent with accepted hydrological and
hydraulic engineering standazds and the standards in 6.23 below.
6.23 The determination of floodway and flood fringe must include the following
components, as applicable:
(a) Estimate the peak discharge of the regional (1%chance)flood.
(b) Calculate the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas.
(c) Compute the floodway necessary to convey or store the regional flood without
increasing flood stages more than one-half(0.5) foot. A lesser sta.ge increase than
0.5 foot is required if, as a result of the stage increase, increased flood damages
would result. An equal degree of encroachment on both sides of the stream within
the rea�h must be assumed in computing floodway boundaries.
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6.24 The Zoning Administrator will review the submitted information and assess the
technical evaluation and the recommended Floodway and/or Flood Fringe District
boundary. The assessment must include the cumulative effects of previous floodway
encroachments. The Zoning Administrator may seek technical assistance from a
designated engineer or other expert person or agency, including the Department of
Natural Resources. Based on this assessment, the Zoning Administrator may approve
or deny the application.
6.25 Once the Floodway and Flood Fringe District boundaries have been determined, the
Zoning Administrator must process the permit application consistent with the
applicable provisions of Section 4.0 and 5.0 of this ordinance.
SECTION 7.0 LAND DEVELOPMENT STANDARDS
7.1 In General: Recognizing that flood prone areas may exist outside of the designated
floodplain districts, the requirements of this section apply to all land within the City of
Fridley.
7.2 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or
inadequate drainage, water supply or sewage treatment facilities. Manufactured home pazks
and recreational vehicle parks or campgrounds are considered subdivisions under this
ordinance.
7.21 All lots within the floodplain districts must be able to contain a building site outside of
the Floodway District at or above the regulatory flood protection elevation.
7.22 All subdivisions must have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection elevation,
unless a flood warning emergency plan for the safe evacuation of all vehicles and
people during the regional (1% chance) flood has been approved by the City Council.
The plan must be prepared by a registered engineer or other qualified individual, and
must demonstrate that adequate time and personnel exist to carry out the evacuation.
7.23 For all subdivisions in the floodplain, the Floodway and Flood Fringe District
boundaries, the regulatory flood protection elevation and the required elevation of all
access roads must be clearly labeled on all required subdivision drawings and platting
documents.
7.24 In the General Floodplain District, applicants must provide the information required in
Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway
and Flood Fringe District boundaries and the regulatory flood protection elevation for
the subdivision site.
7.25 If a subdivision proposal or other proposed new development is in a flood prone area,
any such proposal must be reviewed to assure that:
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(a) All such proposals are consistent with the need to minimize flood damage within
the flood prone area,
(b) All public utilities and facilities, such as sewer, gas, electrical, and water systems
are located and constructed to minimize or eliminate flood damage, and
(c) Adequate drainage is provided to reduce exposure of flood hazard.
7.3 Building Sites: If a proposed building site is in a flood prone azea, all new construction and
substantial improvements(including the placement of manufactured homes)must be:
(a) Designed (or modified) and adequately anchored to prevent floatation, collapse, or
lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
(b) Constructed with materials and utility equipment resistant to flood damage;
(c) Constructed by methods and practices that minimize flood damage; and
(d) Constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed andJor located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
SECTION 8.0 PUBLIC UTILITIES,RAILROADS,ROADS,AND BRIDGES
8.1 Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water
supply systems to be located in the floodplain must be floodproofed in accordance with MN
Rules 1335 or elevated to the regulatory flood protection elevation.
8.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within
the floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation
facilities must be elevated to the regulatory flood protection elevation where failure or
interruption of these facilities would result in danger to the public health or safety or where
such facilities are essential to the orderly functioning of the azea. Minor or auxiliary roads or
railroads may be constructed at a lower elevation where failure or interruption of
transportation services would not endanger the public health or safety.
8.3 On-site Water Supply and Sewage Treatment Systems: Where public utilities are not
provided: 1) On-site water supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems; and 2) New or replacement on-site sewage
treatment systems must be designed to minimize or eliminate infiltration of flood waters into
the systems and discharges from the systems into flood waters and they must not be subject
to impairment or contamination during times of flooding. Any sewage treatment system
designed in accordance with the state's current statewide standards for on-site sewage
treatment systems is considered to be in compliance with this Section.
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SECTION 9.0 MANUFACTURED HOMES,MANUFACTURED HOME PARKS, AND
RECREATIONAL VEHICLES
9.1 Manufactured Homes: New manufactured home parks and expansions to existing
manufactured home parks are prohibited in any floodplain district. For existing
manufactured home parks or lots of record,the following requirements apply:
9.11 Placement or replacement of manufactured home units is prohibited in the Floodway
District.
9.12 If allowed in the Flood Fringe District, placement or replacement of manufactured
home units is subject to the requirements of Section 5 of this ordinance and the
following standards.
(a) New and replacement manufactured homes must be elevated in compliance with
Section 5 of this ordinance and must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral movement.
Methods of anchoring may include, but are not limited to, use of over-the-top or
frame ties to ground anchors. This requirement is in addition to applicable state or
local anchoring requirements for resisting wind forces.
(b) New or replacement manufactured homes in existing manufactured home parks
must meet the vehicular access requirements for subdivisions in Section 7.22.
9.2 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to
existing recreational vehicle parks or campgrounds are prohibited in any floodplain district.
Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in
the floodplain must meet the exemption criteria below or be treated as new structures
meeting the requirements of this ordinance.
9.21 Recreational vehicles are exempt from the provisions of this ordinance if they are
placed in any of the following areas and meet the criteria listed in Section 9.22:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium-type associations.
9.22 Criteria for Exempt Recreational Vehicles:
(a) The vehicle must have a current license required for highway use.
(b) The vehicle must be highway ready, meaning on wheels or the internal jacking
system, attached to the site only by quick disconnect type utilities commonly used
in campgrounds and recreational vehicle parks.
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(c) No permanent structural type additions may be attached to the vehicle.
(d) The vehicle and associated use must be permissible in any pre-existing, underlying
zoning district.
(e) Accessory structures are not permitted within the Floodway District. Any accessory �,
structure in the Flood Fringe District must be constructed of flood-resistant
materials and be securely anchored, meeting the requirements applicable to
manufactured homes in Section 9.22.
(� An accessory structure must constitute a minimal investment
9.23 Recreational vehicles that are exempt in Section 9.22 lose this exemption when
development occurs on the site that exceeds a minimal investment for an accessory
structure such as a garage or storage building. 'The recreational vehicle and all
accessory structures will then be treated as new structures subject to the elevation and
floodproofing requirements of Section 5.0 of this ordinance. No development or
improvement on the parcel or attachment to the recreational vehicle is allowed that
would hinder the removal of the vehicle should flooding occur.
SECTION 10.0 ADMINISTRATION
10.1 Zoning Administrator: A Zoning Administrator or other official designated by the City
Council must administer and enforce this ordinance.
10.2 Permit Requirements:
10.21 Permit Required. A Building or Land Alteration Permit must be obtained from the
City prior to conducting the following activities:
(a) The erection, addition, modification, rehabilitation, or alteration of any building,
structure, or portion thereof. Normal maintenance and repair also requires a permit
if such work, separately or in conjunction with other planned work, constitutes a
substantial improvement as defined in this ordinance.
(b) The use or change of use of a building, structure, or land.
(c) The construction of a dam, fence, or on-site septic system, although a permit is not
required for an open fence as defined in this ordinance.
(d) The change or extension of a nonconforming use.
(e) The repair of a structure that has been damaged by flood, fire, tornado, or any other
source.
(� T'he placement of fill, excavation of materials, or the storage of materials or
equipment within the floodplain.
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(g) Relocation or alteration of a watercourse - including new or replacement culverts
and bridges), unless a public waters work permit has been applied for.
(h) Any other type of"development"as defined in this ordinance.
10.22 Application for Permit. Permit applications must be submitted to the City on forms
provided by the City. The permit application must include the following as applicable:
(a) A site plan showing all pertinent dimensions, existing or proposed buildings,
structures, and significant natural features having an influence on the permit.
(b) Location of fill or storage of materials in relation to the stream channel.
(c) Copies of any required municipal, county, state or federal permits or approvals.
(d) Other relevant information requested by the Zoning Administrator as necessary to
properly evaluate the permit application.
10.23 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No
building, land or structure may be occupied or used in any manner until a Zoning letter
has been issued by the City stating that the use of the building or land conforms to the
requirements of this ordinance.
10.24 Certification. The applicant is required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the finished
fill and building elevations were accomplished in compliance with the provisions of
this ordinance. Floodproofing measures must be certified by a registered professional
engineer or registered architect.
10.25 Record of First Floor Elevation. The Zoning Administrator must maintain a record of
the elevation of the lowest floor (including basement) of all new structures and
alterations or additions to existing structures in the floodplain. The Zoning
Administrator must also maintain a record of the elevation to which structures and
alterations or additions to structures are floodproofed.
10.26 Notifications for Watercourse Alterations. Before authorizing any alteration or
relocation of a river or stream, the Zoning Administrator must notify adjacent
communities. If the applicant has applied for a permit to work in public waters
pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice.
A copy of the notification must also be submitted to the Chicago Regional Office of the
Federal Emergency Management Agency(FEMA).
10.27 Notifications to FEMA When Physical Changes Increase or Decrease Base Flood
Elevations. As soon as is practicable, but not later than six months after the date such
supporting information becomes available, the Zoning Administrator must notify the
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Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant
technical or scientific data.
10.3 Variances:
10.31 Variance Applications. An application for a variance to the provisions of this
ordinance will be processed and reviewed in accordance with applicable state statutes
and Section 205.05.6 of the zoning ordinance.
10.32 Adherence to State Floodplain Management Standards. A variance must not allow a
use that is not allowed in that district, permit a lower degree of flood protection than
the regulatory flood protection elevation for the particular area, or permit standards
lower than those required by state law.
10.33 Additional Variance Criteria. The following additional variance criteria of the Federal
Emergency Management Agency must be satisfied:
(a) Variances must not be issued by a community within any designated regulatory
floodway if any increase in flood levels during the base flood discharge would
result.
(b) Variances may only be issued by a community upon (i) a shtiwing of good and
sufficient cause, (ii) a determination that failure to grant the variance would result
in exceptional hardship to the applicant, and (iii) a determination that the granting
of a variance will not result in increased flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances.
(c) Variances may only be issued upon a determination that the vaziance is the
minimum necessary, considering the flood hazazd,to afford relief.
10.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a
variance that: 1) The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance up to amounts as
high as $25 for$100 of insurance coverage; and 2) Such construction below the base or
regional flood level increases risks to life and property. Such notification must be
maintained with a record of all variance actions.
10.35 General Considerations. The community may consider the following factors in
granting variances and imposing conditions on variances and special uses in
floodplains:
(a) The potential danger to life and property due to increased flood heights or
velocities caused by encroachments;
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(b) The danger that materials may be swept onto other lands or downstream to the
injury of others;
(c) The proposed water supply and sanitation systems, if any, and the ability of these
systems to minimize the potential for disease, contamination and unsanitary
conditions;
(d) The susceptibility of any proposed use and its contents to flood damage and the
effect of such damage on the individual owner;
(e) The importance of the services to be provided by the proposed use to the
community;
(e) The requirements of the facility for a waterfront location;
(� The availability of viable alternative locations for the proposed use that are not
subject to flooding;
(g) The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future;
(h) The relationship of the proposed use to the Comprehensive Land Use Plan and
flood plain management program for the area;
(j) The safety of access to the property in times of flood for ordinary and emergency
vehicles; and
(k) The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters expected at the site.
10.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed variances to the DNR
sufficiently in advance to provide at least ten days' notice of the hearing. The notice
may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
10.37 Submittal of Final Decisions to the DNR. A copy of all decisions granting variances
must be forwarded to the DNR within ten days of such action. The notice may be sent
by electronic mail or U.S. Mail to the respective DNR area hydrologist.
10.38 Record Keeping. The Zoning Administrator must maintain a record of all variance
actions, including justification for their issuance, and must report such variances in an
annual or biennial report to the Administrator of the National Flood Insurance
Program,when requested by the Federal Emergency Management Agency.
10.4 Special Uses:
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10.41 Administrative Review. An application for a special use permit under the provisions
of this ordinance will be processed and reviewed in accordance with Section 205.05.5
of the zoning ordinance.
10.42 Factors Used in Decision-Making. In passing upon special use applications, the City
Council must consider all relevant factors specified in other sections of this ordinance,
and those factors identified in Section 10.35 of this ordinance.
10.43 Conditions Attached to Special Use Permits. The City Council may attach such
conditions to the granting of special use permits as it deems necessary to fulfill the
purposes of this ordinance. Such conditions may include, but are not limited to, the
following:
(a) Modification of waste treatment and water supply facilities.
(b) Limitations on period of use, occupancy, and operation.
(c) Imposition of operational controls, sureties, and deed restrictions.
(d) Requirements for construction of channel modifications, compensatory storage,
dikes,levees, and other protective measures.
(e) Floodproofing measures, in accordance with the State Building Code and this
ordinance. The applicant must submit a plan or document certified by a registered
professional engineer or architect that the floodproofing measures are consistent
with the regulatory flood protection elevation and associated flood factors for the
particular area.
10.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed special uses to the
DNR sufFiciently in advance to provide at least ten days' notice of the hearing. The
notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
10.45 Submittal of Final Decisions to the DNR. A copy of all decisions granting special uses
must be forwarded to the DNR within ten days of such action. The notice may be sent
by electronic mail or U.S. Mail to the respective DNR area hydrologist.
SECTION 11.0 NONCONFORMITIES
11.1 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful
before the passage or amendment.of this ordinance but which is not in conformity with the
provisions of this ordinance may be continued subject to the following conditions. Historic
structures, as defined in Section 2.939(b) of this ordinance, are subject to the provisions of
Sections 11.11 - 11.16 of this ordinance.
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11.11 A nonconforming use, structure, or occupancy must not be expanded, changed,
enlazged, or altered in a way that increases its flood damage potential or degree of
obstruction to flood flows except as provided in 11.12 below. Expansion or
enlargement of uses, structures or occupancies within the Floodway District is
prohibited.
11.12 Any addition or structural alteration to a nonconforming structure or nonconforming
use that would result in increasing its flood damage potential must be protected to the
regulatory flood protection elevation in accordance with any of the elevation on fill or
floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable
in the State Building Code, except as further restricted in 11.13 and 11.17 below.
11.13 If the cost of all previous and proposed alterations and additions exceeds 50 percent of
the market value of any nonconforming structure, then the entire structure must meet
the standards of Section 4.0 or 5.0 of this ordinance for new structures depending upon
whether the structure is in the Floodway or Flood Fringe District, respectively. The
cost of all structural alterations and additions must include all costs such as
construction materials and a reasonable cost.placed on all manpower or labor.
11.14 If any nonconforming use, or any use of a nonconforming structure, is discontinued for
more than one year, any future use of the premises must conform to this ordinance.
The Assessor must notify the Zoning Administrator in writing of instances of
nonconformities that have been discontinued for a period of more than one year.
11.15 If any nonconformity is substantially damaged, as defined in Section 2.938 of this
ordinance, it may not be reconstructed except in conformity with the provisions of this
ordinance. The applicable provisions for establishing new uses or new structures in
Sections 4.0 or 5.0 will apply depending upon whether the use or structure is in the
Floodway or Flood Fringe, respectively.
11.16 If any nonconforming use or structure experiences a repetitive loss, as defined in
Section 2.935 of this ordinance, it must not be reconstructed except in conformity with
� the provisions of this ordinance.
11.17 Any substantial improvement, as defined in Section 2.939 of this ordinance, to a
nonconforming structure requires that the existing structure and any additions must
meet the requirements of Section 4.0 or 5.0 of this ordinance for new structures,
depending upon whether the structure is in the Floodway or Flood Fringe District.
SECTION 12.0 PENALTIES AND ENFORCEMENT
12.1 Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or
failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with grants of variances or special uses) constitute a
misdemeanor and will be punishable as defined by law.
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12.2 Other Lawful Action: Nothing in this ordinance restricts the City from taking such other
lawful action as is necessary to prevent or remedy any violation. If the responsible party
does not appropriately respond to the Zoning Administrator within the specified period of
time, each additional day that lapses will constitute an additional violation of this ordinance
and will be prosecuted accordingly.
12.3 Enforcement: In responding to a suspected ordinance violation, the Zoning Administrator
and City Council may utilize the full array of enforcement actions available to it including
but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for
corrective measures or a request to the National Flood Insurance Program for denial of flood
insurance availability to the guilty party. The City must act in good faith to enforce these
official controls and to correct ordinance violations to the extent possible so as not to
jeopardize its eligibility in the National Flood Insurance Program.
12.31 When a violation is either discovered by or brought to the attention of the Zoning
Administrator, the Zoning Administrator shall immediately investigate the situation
and document the nature and extent of the violation of the official control. As soon as it
is reasonably possible, this information will be submitted to the State Department of
Natural Resources and Federal Emergency Management Agency regional office along
with the City's plan of action to conect the violation to the degree possible.
12.32 The Zoning Administrator shall notify the suspected party of the requirements of this
chapter and all other official controls and the nature and extent of the suspected
violation of these controls. If the structure or use is under construction or development,
the Zoning Administrator may order the construction or development immediately
halted until a proper permit or approval is granted by the city. If the construction or
development is already completed, the Zoning Administrator may either: 1) issue an
order identifying the corrective actions that must be made within a specified time
period to bring the use or structure into compliance with the official controls; or 2)
notify the responsible party to apply for an after the fact permit/development approval
within a specified period of time not to exceed 30 days.
SECTION 13.0 AMENDMENTS
13.1 Floodplain Designation — Restrictions on Removal: The floodplain designation on the
Official Zoning Map must not be removed from floodplain areas unless it can be shown that
the designation is in error or that the area has been filled to or above the elevation of the
regulatory flood protection elevation and is contiguous to lands outside the floodplain.
Special exceptions to this rule may be permitted by the Commissioner of the Department of
Natural Resources (DNR) if the Commissioner determines that, through other measures,
lands are adequately protected for the intended use.
13.2 Amendments Require DNR Approval: All amendments to this ordinance must be
submitted to and approved by the Commissioner of the Department of Natural Resources
(DNR) prior to adoption. The Commissioner must approve the amendment prior to
community approval.
162
13.3 Map Revisions Require Ordinance Amendments. The floodplain district regulations must
be amended to incorporate any revisions by the Federal Emergency Management Agency to
the floodplain maps adopted in Section 2.3 of this ordinance.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2015.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
. Public Hearing: November 9, 2015.
First Reading: November 9,2105
Second Reading:
Published:
163
• U.S.Department of Homeland Security
500 C Street,SW
Washington,DC 20472
,�yri,�ry°�.
-a�1`d'),4,
�},�����i�� FEMA
.�.
��ND SE,�
." OCT 3� 2015
CERTIFIED MAIL //
RETURN RECEIPT REQUESTED �C,c9� f�
The Honorable Scott Lund
� �°�''��� ��� ��
Mayor, City of Fridley -�S �s Q'�'��'� ���
6431 University Avenue Northeast � �.� �„ ���.�
Fridley,Minnesota 55432 ,,,
(,���✓6`' Gv'f �•�-� � ��
Dear Mayor Lund: Gs-t vk,o(�w � `/
���J� ,��^'. ,
I am writing this letter as an official reminder that the City of Fridley, Minnesota,has until
December 16, 2015,to ado pt and have the Department of�Iomeland Security's Federal Emergency
Management Agency(FEMA)Regional Office approve floodplain management measures that
satisfy 44 Code of Federal Regulations (CFR) Section 603(d)of the National Flood Insurance
Program(NFIP)regulations.
The City of Fridley must adopt floodplain management measures, such as a floodplain management
ordinance,that meet or exceed the minimum NFIP requirements (copy enclosed)by
December 16, 2015,to avoid suspension from the NFIP. If suspended,your community becomes
ineligible for flood insurance through the NFIP,new insurance policies cannot be sold, and existing
policies cannot be renewed.
Under the Flood Disaster Protection Act of 1973, as amended, flood insurance must be purchased by
property owners seeking any Federal financial assistance for construction or acquisition of buildings
in Special Flood Hazard Areas(SFHAs). This financial assistance includes certain federally
guaranteed mortgages and direct loans, federal disaster relief loans and grants, as well as other
similarly described assistance from FEMA and other agencies.
1n addition, all loans individuals obtain from Federally regulated, supervised,or insured lending
institutions that aze secured by improved real estate located in SFHAs are also contingent upon the
borrower obtaining flood insurance coverage on the building. However,purchasing and maintaining
flood insurance coverage on a voluntary basis is frequently recommended for properties located
outside SFHAs.
Your NFIP State Coordinator and FEMA would like to assist the City of Fridley to ensure it remains
in good standing with the NFIP and avoids suspension from the Program. If your community is
suspended, it may regain its eligibility in the NFIP by enacting the floodplain management measures
established in 44 CFR Section 60.3 of the NFIP regulations. As stated in my previous
correspondence, I recommend you contact your NFIP State Coordinator or the FEMA Regional
Office if the City of Fridley is encountering difficulties in enacting its measures.
164 �Wfema.gov
The Honorable Scott Lund
Page 2
I recognize that your community may be in the final adoption process or may have recently adopted
the appropriate floodplain management measures. Please submit these measures to the Floodplain
Management Program at the Minnesota Department of Natural Resources,Division of Water.
Ceil Strauss, CFM, the NFIP State Coordinator, is accessible by telephone at(651)259-5713, in
writing at 500 Lafayette Road, Saint Paul, Minnesota 55155-4032, or by electronic mail at
ceil.strauss@state.mn.us.
The FEMA Regional staff in Chicago,Illinois, is also available to assist you with your floodplain j
management measures. The FEMA Regional Office may be contacted by telephone at
(312)408-5500 or in writing. Please send your written inquiries to the Director,Federal Insurance
and Mitigation Division, FEMA Region V, at 536 South Clark Street, Sixth Floor, Chicago,Illinois
60605.
In the event your community does not adopt and/or submit the necessary floodplain management
measures that meet or exceed the minimum NFIP requirements, I must take the necessary steps to
suspend your community from the NFIP. This letter is FEMA's final notification before your
community is suspended from the Program.
Sincerely,
,c�-c��c�
Rachel Sears, Chief
Floodplain Management Branch
Federal Insurance and Mitigation Administration
Enclosure
cc: Andrew Velasquez,III, Regional Administrator, FEMA Region V
Ceil Strauss, CFM,NFIP State Coordinator,Minnesota Department of Natural Resources
James Kosluchar, Public Works Director and City Engineer, City of Fridley
165
, v- . ...- ' - -- -v-'-ir -.._
�, +
�
§59.24 Suspension of community eligibllity.
(a)A community eligible for tF�e sale�i f�od insurence shail b�subject to�uspensio►1 frorri the
Prograin for failing tn submit a�pies c�i ad.equate flood plain m,an�geirient regui�tioi?�mee�it�g fhe
minimum re�uirements of p�ragieiphs(b�, (cj,ld),(e)or(fj of�60.3 or paregr��ph�b)o�§�t0.?�or�0.5,
withi�six motrtFi�from tlie date th���derat In�uranc�Admin�strator prov�des t�ie da`ta upon which fhe
flood ptain regu�ations for#he apptic�ble�ara,�faph sli�if kie ba5ed.11VheUe there has n�l�ei�n.a�y
submr$sion b�t the cotnmunfty, the Federa��n5ulr�ince Admitii�trato�.�t�all iiobfy'tl�e cOr►im�n�ty�f�►a`t�0
day$r�iri�in inth�si3c month p�nod in orderto subrYiit�dequate flood plair� m�ri��errtent re,g�ul�tions.
Whene therQ has b�n�n�na��quate subrr�issib�,the�'�d�ral)nstird.�i�A�1lri�t�is�tQr Sh�il�+�tiifiy the
coniniunify of#he specfic defici�r�oies in it�submitte,�flood plain tri�ii�g�r'fient:��4i�ions�ind inform the
community�of t�e amount of�rri�reiliairnng within the su�irior+#h penod. if,`��ibs�q��(y,o4p�s�f _
adequate�o�d pYai.n m�tiag�meiit.r�gyia�ons.are not receiyed by th�.�ldrr�inis�ot, no.la�e�ti�a.��30
days before�Me e�p�ration di the o�iginal snc rrionfh��eriod titie Federal���urenoe�m�tii�trator��iaii
provid�written n��ce to th�cflnimun�ty and�o the state arit!�s�r�pubtica#ipn in�ie : �
Fe�Ew�F��cIStER und�r part fi4 0�`this sut�chapter of�hQ cor�lt�unit��14ss ofi eUgibilit�'r#or fhe sale of
flood insurance,sut�suspension to become eff,�tive upon th�ezpiration ofi tf�ie sbc month period. Should
the community remedy the defect and the Federel Msurance Administr�itor receive co�l.e�of�de�guete
flood pfain in�nager�nent re�ut��o4'�s .�+th��i the�►�ce.penotl, the su�pension It�i�+Cg st�ll¢e re��nded by
the F�erat.lnsu�en�e Adrrnn�straitar. !f xhe Federal lnsurBficeA,dminis�rattir�iv�es�totio��tFi�State
that it fi�as+enacted ad�quate�plain management re�ulation�fqr the.�m�rr�uni�i Within tti���ot�oe
period, the sus�ensara notuc�e s'ha11 bQ�esc�nde�by the�edec�t Insura�pe Abnlit�istr�tbr._�'fi� �
cornmunity's el�ibihty�hall remain terinin�ted`a�ter suspen�ion until r,�Qi�s of;�s�e�u�t�'�ootl p)ain
managemeritr�guiatio�s Mave been ri�nr��nd�pproved by the���det`al.Iq"st�rarlce f�mir��strator.
(b)A community eligible for the sale of flood ins�rance which�ails to adequa�ely enforce�plain
management reguiatiotis meetin.g the. minimum requirements set forth in§��0:3,60:4 and/or 60.5 sfiall
be subject to proba�oi�:Prro�ation shaH repTesent fomt�l nctifii�ati¢n#a t�e k:ommun�ti�at t�e Federal
Insurance.�4dmmistra�tor c�ards,fhe cotinrnu�ity's flood plaid tnan��etnent pri�gr�m�►s ri�t�omplr�i�t vv�th
NFIP cn�erla. Prigr.to fmposing p�babor�,tl�e Fetleral lnsuraitoe�fmin'�st�atot(1�,slt�ll infiofi�4he . .
communik�upon 90 c��i�rs pr�ar wiitten"nofice di the impendir�g probatK�n and of the�peci��togi�m
deficiencies�nd 1r''ro�ation�relatn+e to the fa�lure�o enforce, �2)shall,at 1��5t 60 days t'�fnr��rtjt�ation is
to be9in, issue a{�ress r'+elease to local rii�dia explaining the reasonS for aiid the kifL��of protiation, and
(3)shall, at least 90 days b�fore probation is to begin, advise all policyhold�rs in fhe communi,ty`of the
imp�nding pro�tion and the additional.premium t�at wiii be cha�ged, es provided in tti�s p�regreph,on
polici�s sold or renewed dt�nng the�eriod of p�ribation. During this 90-day.petmd tki�e comml�nity sh�il
have the op�iortuni�y to avo�d proba4on.b.y demonstratih��compliano�with Prograril requir�m�nts;or by
correct�rag Prog.r,am de�icie�ic�es:�nd remedyi�g�atl violatioAS#o the rhaximum eztent posSible. If,at the
end of the 80-dgy penod,th.e Feder�l In,sural�ce Administrator d�terrrtiines th�t 4h�comrin:�unity has failed
to do so,�he probapQn shall go into effect. Proba6ori may be cohtinued for up to'one yeart eft�r the
community.corrects ali Program deficiencies and remedies all violations to tiie mazimum extent possible.
Flood insurance may be sold or renewed in the community while it is on probation.Where a policy covers
property located in�commun�ty.ptaced on probation on or after pctober 1, 1�86, buf prior to October 1,
. 1992, an additibnal premium o�$25.00 shaU be charged on each such policy newly issued c�r renewed
during the ane-year period beginning on the date the community is placed p�prt�bation and siu�ing any
successive one-year periods,fhat begin prlor to October 1, 1992. Where a�omfnunity's protiaGon begins
on or after Octobe�'I, 'l992,the a�ditional.prernium described�in the preceding sentencs shaU be$�0.00,
which shall also be charged during any successive o�e-year periods during which the community remains
on probation for any part thereof. This$50.00 additiona!premium.shall further be cha�ged during any
successive one-.year periods that begin on or after October 1, 1992, where #he preceding one-year
probation period began prior to October 1, 1992.
(c)A community etigible fior the sale of flood insurance which fails to adequately enforce its flood
plain management regulat�ons meeting the minimum requirements set fiorth in§§ 60.3, 60.4 and/or 60.5
, 166
. . �;
Federal Emergency Management Agency, DHS ;�
�t
and does not correct its Program deficiencies and remedy afl vipMatibns to the maximum extent possible in
accordance with campli�nce deadlines estab4ished duting a perio�of protiation shali be subjecf to
suspension of its Program eligibility. Under such circumstances, the Federal In$urancE Admini�trator shall
grant the cprntnunity 3Q days in i+v#iieh to show cause�vhy it�houid not be suspended;The Fed�rai
lnsurance�dmini�trator may conduct a heari�g,v�itten or oral,befor�comrx►enGing suspensive action. if
a commun�ty is#o b�suspettded, the federa!Jnsurance Adr�+inistr�ator sliall inio�i�t upon�b days pridr
writteri riotice and upon�iublication jn the F�bEw+i RE�isrER �und�r part 64 kSf�iis subeh�pter of its loss
of etigibilny for the sale of flpod insurance. ln the event of�ir�pending suspension,�he Fe�erai lnsurance
Admin+sdartor shall�ssue a press release�the k►c�l media explainii�g the feasari�8nd e.ffects o`f#h�
suspensipi�. '�he commun�,y's�lit�ibilit�shall only`b�re�nstated by the�ed�r�l Insurance Admmis�rator
upon tus re9ei�f ot�ipi�al le�g�slative or executive measure teaffrming the�omrl�uk�rty's fiQrtirial intetit to
adequatei�'enforce�tie fiood piain management requirements of this s�bpart,togeth�r with�vide�ce of
action taken iiy th��ommuruty to�or�ect Program defic�encies and fernec�y�d tfi�rl'iaxiri;jum�xteht
possibie fhose vidl�tions whict�caused tt�e suspension. !n cei�ta�n cases,the�+�detal Jnsurance.
Administratar, in oidet.tb evaluate t��cor'�mun�ty's pQrfprmanc� u��r tl�e tgrms ot ds sWbm�ssion,ish�y
withhold reinstatement for�per�tid not to ezceed one.year frnm�tie d�te qf hjs receipt�pfi t#�e satisfactory
submission�r ptace#he`community or�p.roba�ion as provitfed#or in par�tg�'aph(b)of this sec#wn•
{sl,�A cornmuni�y el+gble for the saie of flood insur�n�e whieh repeals�its flood ph�in manaQement
r , ula��ions,allows�#s tegW��ons#�lapse;br�mends its�egula#�ons so tfi��th�e,y tio�rig�,r tn�et tb�e.'
�.
m�rnriiurri teqtiir.emeMs s�t fo�h in�§SQ:�,60.+4 and/or 60.5 shaN be su�pendetl fforn t�e�'rt�gfam. tf a
community��s#o lie�u��ncled,th�e��ederal itis�rance Administr�tor sFtai(inform it upcn 30 days.priot �
written notice qnd upon publi�atiot�in the FFO�t�v.RE���R under p��t 6�4 of ttiis subchapter�of its loss
of eligibility�or�F�e sacle o�f�oaf jr�surance Thi�corimmun.ity eligibility s�iall r�r�ain termmfi�ed 2fte�
suspensiqn unSi ca.pl�s of adequate flood pl�in ma�agement regUlations have been received and
approyed by the Federal Insurance Administrator.
.{e)�►cointl�unRy eligibl�for tfie�ale of flood irrsur�anoe m�y withdraw frorn the R.rogram by
subm�tting to#heFederal..Insurance Admihi5tratar a�opy�f a legislative a�etioi�that exph�i�ly states its
deSite to withdraw frQm the Natiqnal Flood insu�"anoe Pr�gram,lJpoi� r�eipt of�oert�fied copy of a�+r�al
IegiSlabve action,the F�deral Insurance Adrrrinistrator sh�11 withdraw the�o�munity from the f!rogram
an�publish in the F�oE�;RE�I�R u�det part 64 bf this subchapter�ts loss of elx�ibility for the sale of
flood msuranoe.A r�?rrimunity th�t#�as�►!ithdrawn�rom the Program may:be reinstated if its submits the
ePPfication materials spea�ed in`�§ �9.2�{a).
(f} If dunng a period of inetigibility under p�ragra.phs(a), (d),qr(e)of tliis section, a comm�n'rty has
permitted acfions to take�►I�ee that fiave aggravated�xist�ng flooti plair+, fnudstide(i.e., mudflowj and%r
flood re)ated erqsioh hazards,ttie federal lnsurance Administrator may un'�h�old reins�atement until the
community submifs.�videncethat it has taken action to remedy.#o the maXimum extent possible the
increased h�ar�s,Th�Administrator may a1�o ptace the reinstated community on probation as provided
for in paragraph(b)vf thi�s�cfion.
{g)The Federal lnsur+nce Administrator shall prornptly notify the servi�ing compar+y and any
insurers issuing tlood insurance pursuant to an arran�ement with the F�deral tnsurance Administrator of
those commur�i�es who.se eligibility h�s been suspend"e.d or which have withdrawn from the program.
Flood insurahce shall ntlt be sold or renewed in those communities. Policies sold or renewed within a .
community dwr+ng� period of ineligibility are deemed to be voidabie tiy the Federal Insurance
Administrator whether or not the parties to sale or renewal h�d actuat notice of the ineligibility.
[41 FR 46968,Oct.26, '1976.Redesignated at 44 FR 31'f 77,May 31, 1979,and amended a148 FR 44543 and
44552,Sept.29, 1983;49 FR 4751,Feb.8,'l984;50 FR 36023,Sept.4,1985;57 FR 19540,May 7,1992;59 FR
53598, Oct.25, 1994;62 FR 55715, Oct.27, 1997J
167
f rruera� �niergency iwanagemenc Hgenry, un�
t �
§60.3 Flo�d plain management criteria for flood-prone areas.
The Federal Insurance Administrator�niill provide the data upon which flood plain management
reguiations shall be based. It the Federal Insurance Administrator has not provided sufflclent data to
fumish a basis for these regulations in a particular community, the communi�y shall obtain, review and
reasonab}y utilize dafa available frofi other Fetleral, State or other sources peri�ifig receipt o�data#rom
the Federal lnsurance Administrator. However, when special flpod haza�d area designations and water
surtace elevations have been fumished by ihe Federal Insurance Administrator;they shall appl.y.The
symbols de�ning such special flobd hazard designa€ions are�set forth in§�4;8 of tf�is su�ch��fer. tn all
cases the minimum requirements goveming�the adequacy of the flood plain manageiitent r�egulations for
flood-prone:areas adopted by a particular Gommunity depend on the amount of technical data fonnally
provided to#he cbmmunitjr by the Federal lnsurance Administrator. Minirrium�tandards for comFnunities
are as follows: . . �.
(a)When the Federai Insurance Administrator has not defined the sp�cial flood hazard areas within
a community, has.not provided water syrface el�vation dat�,and h�s not provided:�uf�cient,data to
identify fhe floo�wa�y or cflastal liig�h hazaf+d area,but the cort`�mu�l�y h�s iridicate�i fh�presence pf such
haza�s by submitting an a�plia�ti�n to:parti�ipate in ttie Program,the�pri�t�unity sj�all:
{1)Require permits for all proposed construction or other development in the community, including
the placement of manufactured homes, so that it may determine whether such construct+on or other
deveiopment is propQSed within�iood-prone areas;
(2)Review.proposed development to assure tfiat a11 necessa.ry pe�;nits.have been r�ceiyed from
those govemmental agencies from which approval is required by�etlet�l or 5'ta�ie I�w,including section
404 of the Federal Wa#er Pollution Control Act Amendments of 1972, �3 U.S.C. 1334;
(3)ReYiew�II pertnit ap�ilica#ior�s to c�eteri�ine whether proposed buildir�g sites will�be reasoriably
safe frorn flooding. If a proposed building si#e is in a flood-prorie area, all n�w construction and substantia!
improvements sh.all(i)be de�;signed(or mod�e�and �dequately ancliored to.�revenf flo�tafion,.coliapse,
or lateral movemen�of the structure resu�ing from hydrodynamic and hydrostafic loads, in�luding fhe
effects of buoyancy, (ii)be constructed with materials resistant to flood damage,(iii)be con$tructed by
methods and practic�that minimize flootl damages, and(iv)be oonstructed with electrical, heatin�,
ventitation, plumbtn�,and air cona�itioriing equipment and otlier s+ervic�facilities t�at are designed and/or
iocated so as to prevent water from entering or acc�mulating wifhin the components du�ing condfions of
flooding. �
(4) Review subdivision proposals and other proposed �ew development, including manufactured
home parks or subdivisions,to determine whether such proposals will be reasonably safe from flooding. If
a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals
shaN be r'evie�aed to�ssure that(ij al!su�h proposals a,re consisten#with the need to lninimize flood
damage within the fl�od-prone area;(ii)all public utilities and facil�ties, such a5 sewer,gas, eiect.rical, and
� water systerris are located and constructed to minimize or eliminate flbod damage, and �iii)adequate
drainage is provided to reduce exposure to flood hazariis; '
(5)Require within flood-prone areas new and replacement water supply systems to be designed to
minimize or eliminate infiitration of flood waters into the systems; and
(6)Require within flood-prone areas(i) new and replacement san'rtary sewage systems to be
designed to minimize or eliminate infilira6on of flood waters into the systems and discharges from the .
systems into flood waters and (ii) onsite waste disposal systems to be located to avoid impairment to
them or contamination from them during flooding.
168
y. Y
Federa)Emergency Management Agency, DHS `.�
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(b)When the Federal lnsurance Administrator has designa#ed areas of special flood hazards (A
zones) by the publication of a community's FHBM or FIRM, bvt has ne.'ither produced water surfiace
elevatipn dafa nor identified a floodway or coastal high hazard are�, the commuri9ty�hali:
j'1)Re�uir�pe�rtits.for aii proposed�onstruGtion and o�h��deyelppmerits inciuding the placement of
manufactured homes,within Zone A qn the community's F�hI�M Qr FIRM;
(2)f2equi��tF��applic�ti4n vf the standards iri,paragraphs��(�); (3), (4), (5)and{6j oi t�is section
to deYelopment within�one A on the�oriimunity's FHBM or FIRM;. �
(3)�eq�re that all n�w sUb�hijsipn ptoposals and bth;er prtspqsed dev�elopriaents(inciuding
propasals f6r tnanufactured hom.�parics a,nd subdivisions)greafei 2han 5ti lots or 5 acres,whichever is
the lesser, include withfn such proposals bass flood elevation data;
: , . . . -.: ,. ,
�(4)Otitain;reVi�w and reti�onalily utiliie any b�se flot�d e1eVa�ian and floQdway data availabl,e from
a Fed�ral,�fate,or oth�j�o�rce, including data rl�velc3pec,l �►ursuarit t¢p�ra�ra�Fi(b)13)of#h��s�ction,
as cMer'ra for rei�uinn�g?tFi�f n�W coi�s�ru�titifi,substantiai irri:�rov�tn�n�.s, tir ot�er deveiopiri.��t in Zone A
on the community's FHBM or FlRM tne�t tFie standards in paragraphs(c)�2), (c)(3),{c)(5j, (c)(8j, (c)(12),
(c){14), (dx2�and(d)(3)of thf�s�Cti�n;
(6)Where base flood elevation data are utilized,within Zone A on the c�mmunit�►'s FliBhil nr F1RM:
(i)Obtain.the elevation (i� relatio�to mean sea levg!)vf#he lowest floor(ihcluding bases�'�e�atJ of all
new ani!subst�r�tiaily imprb'v.ed structtires;and
(ii)Obtain, if the structure has been floodproofed in accordance with paragraph (c)(3)(ii)o�this
section, the eleVation(in relation ta mean sea tevel)to which the structure was floodproofed,.mn�
(�a)Maant�in a record of a(1 such informa�ion wifh the offciai designated b;y the cor�imunity under
§5s.22 (����jf�ii); �
(6) Notify, �n river��e s+tuatior�s,�djacent communities and�he S#at��oordinating:fJffice�rior to any
alteratian o,r retoc�a�ion bf�watercourSe,and submit�opies of such notfir.�atians to the Federal l.nsurance
Administrator;
(7)Assure that the flood carrying capacity withi�the altere�or relocated portion of any wate�course
is maintain�;
(8) Require that�IL manufactured homes to be placed within Zone A o�a community's FHBM or
FIRM shall b�e ir�stalled usi.ng�tiethods a�d pra�tices which minimiie flood damage. For the purposes of
this requirement, ii�anufactured homes must be elev�ted and anahored to resist flotation,collapse, or
lateral moVerrient. Methpds bf ancho�ing may include,but are not to be limited to, use of over-the-top or
frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring
requirements for resisting wind forces.
(c)Whsn the Federallnsurance Admi�istrator has provided a notice of final flood elevations for one .
or more speciat flood hazard areas Qn the community's F1RM and, if appropriate,has designated other
special flood hazard areas without base flood eleuations on the cornmunity's FIRM, but has not identified
a regulatory floodw�y or coasfa! high hazsrd area,the community shall:
(1) Require the standards of paragraph{b)of this section within all A1-3U zones, AE zones, A
zones,AH zones, and AO zones, on the community's FIRM;
169
. �- rcucia,�n�cigtn�y iv�a��ag��ncuan�c���r� viw
f
(2)Requir�that afl new construction and substantial improvements of residential structures w±thin
Zones A1-30,A€and AH zonss on the community's�FIRM have#he lowest f1oQr(inciuding basement)
elevated to o�above tfie base flood level, unless the community is granted an eXCeption by ttie Fede�al
Insurance Administrator for the ellowance of basements in ac�ordsnce with §60.6(b)or(c);
(3)Require tM�t all new construct+on ar�d substantial improvements of non-residential structures
within Zones A1-30,AE and AH zones on the cominunity's firm(i)have tt�e iowest floor(including
basement) elevated to or above the base flood level or, (ii)together with a�ten,dant utiliry ahd s�nitary
facilikies,�e�d�si�r�ed�b ft�at belpw the b2s�flQOd leyef the s�ructure is Vvatertight wath wa)is substantialfy
imperineable to the passag�o.f wat�r�r��witti:�fnictural components havin�#tie capa4il�ty�f�sisti�9
hydrostafic and hydr�odyn�imic loads and�ffec�s of buoyan�y; �
(4)Provide that where a nan-residential structure is intended to be made watertight below the base
flood level, �i)a re,gistered professional engineer or arcMitect shall develop and/or re.view stru�tu#'al '
design, specifioat�ons,and pla�s for tFie construction,�ntl sha�l.t;erbfy ti��t�tie des�gn and methods of
construction are in accordance with acaepted stantiards of practice�or meeting the aPplicable pi'ovis'ions
of.paragraph(c)(3)(n'}or{c)(8)(ii)of this section, and (ii)a record of�uch ceitficates which inctudes the
spe�f'�c�I�v��ion�m rel�#�on tc�Kne�n.ssa te?ve!)to vpfti�ch s�ch structures are fl�odpro�feti sh�all !ie
maintair�ed with the,pffi`"a`al de�igna#ed�y#he commyn�y under�a9 22(�JCg)(ii�;
(5)Require,for ali new conStruction and substantial improvements, that fuNy enclosed areas below
the lowest floor that are��able solely for parking of vehi�les, buildirig.aa�ss or sto�e iri an aiea other
than a basement and which are subje�t to flooding shall be designed to a.ukomatica8y equaliz.e hydrostatic
flood fotces an e��nor wal)s by allowing for the e�try an��iut of flob�waters Des�gns#or me,eting this
reqwrement c'nust±�er be cert+fie�by�tegist�r�p7o��rotiat�n�me�r or arc�;it�ct oj r�eet Rr exceed
the following nlinliiium crit�ria:A m�n�riium�sf twb'op�nings.having1�#bt�l riet are'�q�not;ess#han.or�e
square inch for every"square foot of enclosed area subject#o�oaiing shall be prov�ded. The bottorh o1`atl
openings shall be no higher than one foot above grade. Openings may be equipp�d with sCreens,
louv�rs; ya_Ives, or o,ther coverings o�devices proyidetl that they permit the autotj�atic entry and exit of
floodwaters. , "
(6j RequiTe fhat manufacfured hames txiat are placed or substantialty improv�ed within Zones A'I-30,
A�i, and AE on the c�mrnunity's F4RM�n sites � � •
(i) Outside of a manufactured home pa�lc or subdtvisiori,
(ii) In a new manufactured home park or subdivision,
(iii) In an expansion to an existing manufactured home parls or subdivision,or
(iv) In an exis�ng manufactured home park or subdivision on which a manuf�actured home has
incurred"substanti�l damage°as the resuit of a flood, be elevated on a permanent foundation such that
the fowest floor of the manufactured home is elevated to or above the base flood elevation and be
secure{y anchored to an adequatefy anchored foundation system to resist floatation cotlapse and lateral
movement.
(7) Require within any AO zone on the community's FIRM that ali new construction and substantial
improvements of residential structures have the lowest floor(including basement)elevated above the
highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM
(at teast two feet if no depth number is spec�ed);
(8) Require within any AO zone on the community's F1RM that at1 new construction and substantial
improvements o#nonresidential structures(i) have the lowest floor(inctuding basement) elsvated above
the highest adjacent grade at least as high as the dspth number specified in feet on the community's
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Federai Emergency Management Agency, DHS � '�
1
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F1RM(at least two feet if no depth numbgr i$specifed),ar(ii)#ogether with attendant utility�nd sanitary
facilifies be Gompletely flootiproofed to that level to meet the�oodproofing standard spe��d in
§60:3(c)(3){iij;
(9)Require within any A99 zones on a community's FIRM the standards of paragraphs (a)(1)
through(a)�4)(�j a�d(b)(6)through(b)(9)of this section;
(`f Qa Require unti(a regulatbry floodway is designated,�tha#no ne�+constfucqon,substantia:l
improvemer�ts,or tither dee$ioprrrent tm�luding fif 1)sFia11 De perri�'itted vvithin�ones A1=�0 and f��on the
community's FIRM, uniess it is demonsffated that the cumufativ�effeecc:f o'f the�,r.optised develo�ment,
when combined with all other existing and anticipated dev�1opment,will not incr�ase the inrater surface
elevatiQn of the base flood more thar�one fnot at any pant within the i�mmunity.
(11)Requir�within Ztines AH�nd AO, adequate draitia�e paths�round structu�es on slope�,to:
guide floodwater5��und and avvay from proposed structures.
(12)R�quite#h�t manufactured horrles to be pl�csd or,subs�anti�N�y impt`oVe�l pn sites in aii existing
,..
manufactured home paric+�r suErdivisi�n wjttthin Zon�s A-1-30, AH,�an�i�on the�comtnunity's FIRM that
are not subject to the provisions�of paragraph(c}(6)of fhis section be elevated so that either
{i)The IoVvest floor of the m�inu��c�ured home is at or above fhe bas��lbod�levafion,or
�iiJ�he manuf��tured hohi�e chassis is suppo�fed by,�e�hforQed piers or vther foundatb�elements of
at least equ�v�ii�nt s�re�gth th�t�re rtcj less th�n 86 it�chp.s in #�igh�abti�e gr�d�aht�t�e secucety
anchored to an ad�equatety ancht�red fot�ndation�ystem to res�st floatat+on,cdl)�pS�, antl latera!
movetneht
(18)NotVirithstanding any Qthet provisions af�60.3, � community may approve Cert�in devetopm�en#
in Zones AI-30,AE, and AH, on the community's FIRM which increase the water surface elevatit�n afi the
base 800d by more than one foot, provided that the community frst applies�or a conditiona�FIRM
revision.,fulfills the fequirements��or such a reVision�s establi�tied under the provisiohs pf§65.'1�, and
receives the approv�t of the Fede�al lnsurance Administrator.
(14)Require that recreational vehictes placed on sites within Zones A1-30,AH, and AE on the
community's FIRM either .
{i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use, or
(iii) Meet the permlt reguirements of paragraph(b)(1)of this section and the elevation and anchoring
reqvirements for"martufactured homes'in paragraph (cj(6) of this section.
A recreational vehicle is ready for highway use if it is on its whee)s or jacking system, is attached to the
site only by quick disconnect type utilitiss and security devices, and has no permanently attached
addit+ons.
jdj When the Federal Insurance i�dministrator has provided a notice of final base flood elevations
within Zones A1-30 and/or AE on the community's FIRM and, if appropriate, has designated AO zones,
AH zones,A99 zones, and A zones on the community's FiRM, and has provided data from which the
communit.y shall designate its regufatory flpodway, the community shall:
(1) Meet the requirements of paragraphs (c) (1)through (14)of this section;
171
. � ��.�a.�v����.c�scn�.� ��.v��a�ju��a.��a r�ba.ir�.�� ✓��..r
�
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(2)Select and adopt a regulatory floodway bas�d on the principle that the area chosen for the
regulatory floodway must be designed to c�rry the waters of the base flood, without increasing the water
surface elevation of that flood more than one foot at any pofnt;
(3)Prohibit encroachments, including fill, new construction, substantial irriprovements,and other
developm�nt withiFl tt�e adopt�d regulatoty floodway unless it has bee�demanst,rat�d through hydro)ogic
and hydraulic anafyses peii�rmed in ac�ofdance v++ith stanriard:engineering praccti¢e th�t#he proposed
encroachmerrt wou�d not result in any increase in flood levels within the community during the ocr.�rreitce
of the base flood discharge;
(4) Notwi�istanding any other provisions of§60.3, a community may permit encroachments within
the adopted�e,�ulatory floodway that would r�esult i�an inCrease in base floQd elevations, provided fhat
the atiri�munity first applies for a conditional FIRM and#loodway revision,fulfitls ttie requiremer�ts for such
revisions as established under the provisions oi§65.12, and receives the approval of the Federal
Insurance Administrator.
(e)When the Federal Insurance Admin'�str�tor has p�ovided a notice of final base flood elevations
wi#hin Zon�s A1-30 and/or AE oh the comhiunity's FIRM and,if approp(iate, has de5ignated/�H zories,
AO zon�s,A99 zones, encY A zones on the comrriunity's F1RM,and ha�.idei��if�sl oh tF�e ootJlr�'�unity's
FIRM coastat high hazard areas by designating Zones V1-30,VE,and/or V, the�cxsmmunity sh�ll:
(1)Meet tt�e requirements of paragraphs(c)('1��hrough(14)afthis section;
(2)�thin Zones V1-30, VE,and V on a community's FIRM, (i)okitain the elevation (in rela#ion to
mean sea level)of tF+e bottom of th.e lowest structural member of the)owest floor(excluding pilings and
columns)bf all new and substantially impr�ved sfructures, and whe.th�r�r nof su�fi stru�tures oontain a
basement,and(ii)mainfain a reco�d of all such information with the official designated by the community
under§ 59.22{a)(9)(iii); .
(3� Provi�e thet�11 new construction within Zon�s V1-30,Vf,ahd V on the community's FIRM is
locat�d lan�ward of the reach of m�an hi�fi tide;
(4) Provide that all new construction and substaritial improvements in Zones V9-30 and VE, and
also Zone V if base flpod elevation data i�av�ilable, on the c:ommunitys�iRM,.are elekated o�pilings
and columns so that(i)the bo�tom of the lowest horizontal sfructural member of the lowe�t floor �
(excluding the pilings or columns)is elevated to or above the base flood level;and (ii)the pile or column
foundation and structure attached thereto is anchored to cesist flotation,collapse and lateral�rtoYement
due to the effects of wind and water loads acting simultaneously on all building components.Water
loading values used shall be those associated with the base floQd.�nd loading v�luss u�ed shall be
those required by applicabie State or local buifding standards.A registered professional engineer ar
architect shall develop or review the structural.design, specifications and plans for the c�nsUuction, and
shall certify that the design and methods of construction to be used are in accordance with accepted
standards of practice for meeting the provisions of paragraphs(e)(4)(i)a�d (ii)of this section.
(5) Provide that all new construction and substantiai improvements within Zones V1-30, VE, and V
on the community's FIRM have the space below the lowest floor either free of obstruction or constructed
with non-supporting breakaway walls, open wood lattice-work, or insect scresning intended#o cotlapse
under wind and wa#er loads without causing collapse, displacement, or other structurai damage to the
elevated poition of the.building or supporting foundation�system. For the purposes of this section,a
breakway wall shall have a design safe loading resistance of not less#han 1�and no more than 20
pounds per square foot. Use of breakway walls which exceed a design safe loading resistance of 20
pounds per square foot(either by design or when so required by local or State codes) may be permitted
only if a registered professional engineer or architect certifies that the designs proposed meet the
foNowing conditions;
172
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Federal Emergency Management Agency, DHS � •
,
,y
(i) Breakaway wail collapse shail result from a water foad less than that which would occur during
tlie base flood; 9nd,
(ii)The elevated portion of the building and supporting foundation system shall nat be subjQCt to
collapse, dispiacei�ient,or other stru�t�ral damage due�o the effec#s of wind.�nd watei Ioads a�ting
simulta.neQusly on all buildin��compohen�s (struC#ural and non=stru�tural).Wafer ioading values used
sha11 be t�iose assoc'iate�with tlie base fiood.�nd loading values used sha�l be those required by
applicabfe State or local buiiding standards.
Such enclosed space shatl be useabte solefy fpr parking of vehicles, building access,or storage.
(6)Prohibit,fhe use of fill for structurai support of buildings within Zari�s V1-30,VE; an�d V on ttie
communify's�I�M; :
(7)Prohibit man-made alteration of sand dunes and mangrove stands within Zones V1-30,VE,and
V on ihe community's F1RM which would increase potential flood damage.
{$)Require that manufactured homes place�or subsXantially imprtived wit�in�ones V1-30,V, and
VE on ths communily's FIRM on sites '
(i)Outside of a manuf�ctured home park or subdivision,
(ii)In a new manufactured home pa�ic or subdivision,
(iii) In an e�par�siori to an existing m�nufactured honle park or subdiqision,or
(iv) In an existing manufactured home park or subdivision on which a manufactured home has
incurred"substanti�l damage°as the resu�t of a flood, meet the standards of paragraphs (e)(2)through
(7)of tf�is section and that manufadtured Fiomes pla�ied or�substantialiy im.proved on other sites in an
existing manufa�tured fiome park or subrliyision within Zohes VI-30,-V; and VE on tfi�e community's FIRM
meet the requirem�nts of paragraph(c){12)of this section.
(9)Require tMa#r�ecreational vehicles placed on sites within Zones V1-�0,V; and VE on the
corr�munity's FIRM either
(i� �e or�the site for fewer than 180 consecutive days,
(ii) Se fully licensed and ready fQr highway use, or
(iii) Meet the requirements ir�paragraphs{b)(9)and (e) (2)through(7)bf this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the
site only by quicic disconnect type utilities and security devices,and has no permanently attached
additions.
(fl When the Federal insurance Administrator has provided a notice of final base flood elevations
within Zones A1-30 or AE on the community's FIRM, and, if appropriate, h�s designated AH zones,AO
zones, A99 zones, and A zones on the community's FIRM, at�d has identified flood protection restbration
a�eas by designating Zones AR,ARIA1-30,ARlAE,AR/AH, ARJAO, or AR/A, the commun'�ty shail:
(1) Meet the requirements of paragraphs (c)(1)through (14)and (d)(1)through {4)of this sec#ion.
�
173
,;, .. . _ _ .
� (2)Adopt the officia! map or legai description of those areas within Zones AR,AR/A1-30,ARJAE,
AR/AH,AR/A, or AR/AO that are designated developed areas as defined in§59.1 in accordance with the
eligibility prooedures under§65.14.
(3) For ail new construction of structures in areas within Zone AR that are designated as developed
areas and in other areas within Zone AR where the AR flood depth is 5 feet or less:
(i)Determine the lower of either the AR base flood elevation or the elevation ihat is 3 feet above
highest adjacent grade; and
(ii)Llsing this elevation, require the standards of paragraphs(c)(1)through(14)of this sec#ion.
(4) For aN new construction of sVuctures in those areas within Zone AR that are not designated as
developed areas where the AR flood depth is greater than 5 feet:
() Determine the AR base flood elevation; and
{a)Using that elevation require the standards of paragraphs(c)(1)through(94)of this section.
(5)For all new const�uction of structures in areas within Zone AR/A1-30,ARJAE, AR/AH,AR/AO,
and AR/A
(i) Determine the applicable elevation for Zone AR from paragraphs(a)(3)and(4)of this sect9on;
(ii)Determine the base flood etevation or flood depth for the undertying A1-30,AE,AH, AO and A
Zone; and
(iu)Using the higher elevation from paragraphs(a)(b)(i)and (ii)of this section require the standards
of paragraphs(c)(1)through(14)of this section.
(6)For aU substantial improvements to existing construcfron within Zones AR/A1-30,AR/AE,AR/AH,
AR/AO, and AR/A:
(i) Determine the A1-30 or AE, AH, AO, or A Zone base flood elevation; and
(iij Using this elevation apply the requirements of paragraphs{c)(1)through (14)of this section.
(7) Notify the permit apPlicant that the area has been designated as a�AR,AR/A1-30,AR/AE,
AR/AH,AR/AO, or AR/A Zone and whether the structure will be elevated or protected to or above the AR
base#lood elevation. .
[41 FR 46975, Oct�26, 1976j
EDRORIAL 1�10TE:FOf fEDERAI REGISTER citations affecting§60.3,see the List of CFR Seclions Affected,
which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.
174
-` Fridley City Hall
���,o�. 6431 University Ave N.E. Fridley,MN 55432-4303
� Fridley (763) 571-3450 • FAX (763) 571-1287 • wwwFridleyMN.gov
,�`_,
November 2,2015
Dear Property Owner:
You are receiving this notice, because the fioodplain status of your property may be changing.
The Federal Emergency Management Agency(FEMA) has developed revised flood hazard maps for Anoka
County.The last time FEMA issued flood insurance maps was in 1981.Those paper maps have served as a guide
for obtaining flood insurance and as a guide to the City staff for building requirements.The paper maps,
however,were not as accurate as the new digitized data the new maps provide. Because of the more accurate
data,some properties that were considered in the floodplain before are no longer in the floodplain. Likewise,a
few properties that were considered outside the floodplain before are now in it.Also,the degree of flood
impacts has changed for many properties.
In order for you to qualify for the National Flood Insurance Program past December 16,2015,the City of Fridley
must adopt these new maps.The Department of Natural Resources(DNR),the State agency that enforces the
federal standards, is also suggesting that the City adopt an entirely new zoning code for properties in the
floodplain. City staff agrees that our floodplain section of the Zoning Code is outdated and could be simplified.
The City is currently asking the DNR for further simplifications as we would like to simplify the process for
building expansions in Flood Fringe areas.The Fridley Planning Commission has already reviewed the draft code
amendment,and it is going to be considered by the Fridley City Council at a public hearing on Monday,
November 9,2015,at 7:OOpm at the Fridley Municipal Center,6431 University Avenue NE.
If you want to see how your property is currently designated on floodplain maps,you can look at the map of the
City on the City website at www.fridlevmn.�ov by searching"Self-Serve Zoning"and clicking the Floodways layer
on under Map layers.We are currently working on preparing the new proposed Floodplain Map for display on
the web site by the end of the week. If you are unable to find the new floodplain map or need any assistance
interpreting this information, please call Julie Jones,Planning Manager,at 763-572-3599.She can investigate
and explain the impact for your particular property. It will be impossible for staff to make that determination at
the hearing as we will not have access to the digital data in the Council Chambers,so please obtain that
information prior to the hearing. In most cases,the proposed map and code changes are going to provide you
more freedom to expand your property. However,for a few properties,the opposite may be true.The City
thought it very important to provide this notice as a result.
Sincer ,
c Hicko
Co muni Development Director
175
Floodplain frequently asked questions - Division of Waters: Mi... Page 1 of 8
�r� uer��� �sked uest�a�s -
a � �
Answers
1Nhat is a floodplain...and what should a
per�on know about buying properly within
`{��i�
Under state law, the fioodplain is considered to be the land
adjoining lakes and rivers that is covered by the "100-year"
or "regional" flood. This flood is considered to be a flood that
has a 1 percent chance of occurring in any given year. Floods
of this magnitude occurred throughout the state in 1965,
1969, 1997 and 2001, and in various parts of the state in
1972, 1975, 1978, 1979, 1987 and 1993. Using
sophisticated engineering and meteorological techniques, it
is possible to estimate to an acceptable degree of accuracy
the magnitude of such a flood along those rivers where long-
term flood records have been kept. Various government
agencies conduct these studies, and as they become
availab{e, local communities are required by state law to
adopt this technical data in their floodplain zoning
ordinances.
The natural floodplain is an important part of our water
system. It affects storm runoff, water quality, vegetative
diversity, wildlife habitat, and aesthetic qualities of our rivers
and lakes. Any alteration of the floodplain should be carefully
evaluated. A persons intended use should be appropriate to
the site selected. The following information about floodplains
and local zoning codes deals with restrictions on developing
in or near floodplains. However, remember that the least
amount of alteration to the natural system is usually the
most ecologically sound development decision.
If a person is buying or already owns property on a river
shoreline in a community that has adopted floodplain zoning,
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Floodplain frequently asked questions - Division of Waters: Mi... Page 2 of 8
they should consider the following points: floodway location,
flood fringe location, flood protection elevation, flood
proofing, and flood insurance.
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What is the flaodway?
The floodway is the land immediately adjoining the river
channel that is the natural conduit for flood waters. The
floodway must remain open in order to allow flood waters to
pass. When the floodway is obstructed by buildings,
structures, or debris, flood waters will be dammed up and
will flood even greater areas. Large portions of the floodplain
store and later release flood waters, which reduce river flood
stages. Under statewide floodplain management standards,
local communities can designate areas for development in
the floodplain, called flood fringe areas, that would
cumulatively cause no more than a 1/2-foot (six inches)
stage increase in the 100-year flood. A lesser stage increase
than 1/2-foot (six inches) would be appropriate where
filling/devefopment of proposed flood fringe areas would
increase flood damage potential to nearby properties. Many
communities have delineated the boundary of the floodway
and flood fringe on zoning maps. If the property a person
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Floodplain frequently asked questions - Division of Waters: Mi... Page 3 of 8
owns or is interested in buying lies within this mapped
floodway, they will not be permitted to construct a dwelling
or other enclosed structure, place fi{{ material, or obstruct
flood flows in any other way. Since this area must be left
open to pass flood waters, only open space uses, such as
farm land, residential yards or gardens, golf courses, parks,
playgrounds, or parking areas, are normally allowed in the
floodway.
What is the fload fringe?
The flood fringe is the remainder of the floodplain lying
outside of the floodway. This area is generally covered by
shallow, slow moving flood waters. Development is normally
allowed in the flood fringe provided that residential buildings
are placed on fill so that the lowest floor, including the
basement, is above the flood protection elevation. In
communities that have not delineated separate floodway and
flood fringe areas on their zoning map, a permit applicant
wil{ likely be asked to provide certain engineering
information before they could build a structure in the
floodplain. An engineer/surveyor will have to evaluate the
proposed building site and furnish local officials with the
necessary data to determine the property's flood protection
elevation and whether the proposed structure is in the
floodway, Professional services and special construction
methods can be a substantial expense so a person should
always check with the local zoning official before they buy
property in a floodplain. �
What is the flood protectian eleva�on?
The f{ood protection elevation refers to an elevation 1 foot
above the 100-year flood plus any stage increase due to the
designation of flood fringe areas. The elevation of the lowest
floor of a dwelling must be at or above the flood protection
elevation. Loca1 regulations will also require the top of the
access road elevations to be within 2 feet of the flood
protection elevation.
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Floodplain frequently asked questions - Division of Waters: Mi... Page 4 of 8
I�Ihat is flood proofing?
Flood proofing includes a variety of construction methods,
such as watertight doors, windows, walis, and bulkheads,
which can be used to prevent flood waters from entering a
structure. This method of flood protection, called "dry" flood
proofing is not a sure deterrent to flooding and is used only
in very speciaf circumstances where it may not be possible to
place the building or accessory structure on fill. Local
floodplain regulations restrict dry flood proofing to non-
residential structu,res. New residential basements are
prohibited unless the community has been granted a
residential basement exemption from the Federal
Emergency Management Agencv (FEMA). "Wet" flood
proofing, which involves intentional internal flooding of areas
constructed of flood resistant materials, may be allowed for
minar additions to structures and certain accessory
structures that constitute a minimal investment.
Furthermore, state and federal floodplain management
standards require all flood proofed structures to be designed
and certified by a registered ar�hitect or engineer.
What is flood insurance?
Flood insurance is an important consideration when buying
floodplain property. A person should be aware of the
Nationat Flood Insurance ProQram [NFIP), which
provides ffood insurance coverage for structures and their
contents, in communities participating in the NFIP. Under
this program, federally insured or regulated institutions must
require flood insurance policies on all new loans for
structures in mapped 100 year fioodplain areas recognized
by the Federal Emer4ency Management Agency
FEMA . A person can find out if a piece of property is
{ocated in the floodplain by checking with the local building
or zoning officials (ask for the "Flood Insurance Rate Map" or
the "Flood Hazard Boundary Map" furnished by FEMA), If a
person is considering the purchase or development of
ffoodplain property, their insurance agent can provide
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Floodplain frequently asked questions - Division of Waters: Mi... Page S of 8
information on the cost and availability of flood insurance. It
should be noted that flood insurance is available for
structures only in communities participating in NFIP. The
structure does not have to be located in the mapped
floodplain in order to obtain insurance.
Why Do I Have To Purchase Flood Insurance?
My bank is requiring flood insurance in order to
finance/refinance a loan for my house/building or it is a
requirement for federal disaster aid.
Q. Can I purchase ftood insurance? �
A. A person can purchase flood insurance if their
house/build"+ng is in any community (city, township, county)
that participates in the Nationat Flood Insurance
Proyram regardless of whether or not they live in a mapped
floodplain.
Q. How do I know if my community participates in the
National Flood Insurance Program?
A. FEMA maintains a list of cammunities that currentiv
participate in the Nationaf F1ood Insurance Proaram.
Q. Where do I buy it?
A. Flood Insurance can be written by any licensed property
and casualty insurance agent
Q. How much will it cost?
A. Flood insurance premiums are rated on various factors
including: location of the buiiding within the floodplain; the
building's lowest floor elevation (including_basement) relative
to the 100 year or Base Flood Elevation(BFE) and policy
value. The average premium nationwide for a homeowners
policy is approximately $300.00. The premium is more
expensive for structures located in the 100-year floodplain
that pre-date a community's floodp{ain ordinance and are not
properfy elevated or protected against flood damage.
Q. My bank is requiring that I purchase flood
insurance. I don't agree that my structure is located in
a floodplain or i don't believe that its lowest floor is
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below the Base Flood Etevation(BFE). What can I do to
appeal the decision?
A. A lending institution must require that flood insurance be
purchased as a cond'+tion of any federally insured loan when
a building is mapped in the 100 - year floodplain. The
property owner may benefit in such a case by having a
determination of the elevation of the lowest adjacent
grade/lowest floor of the structure in relation to the BFE
prepared by a licensed surveyor. The property owner may
file a Letter Of Map Amendment (LOMA) or Letter Of Map
Revision (LOMR) with FEMA to appeal any floodplain
determination. Any information demonstrating the property
owner's case will assist with an appeal.
What does ir�creased cost of compliance
(tCC) mean?
If your home or business is damaged by a flood, you may be
required to meet certain building requirements in your
community to reduce future flood damage before you repair
or rebuild. Now, to help you cover the costs of ineeting those
requirements, the National Flood Insurance Program (NFIP)
has impfemented a new coverage. This coverage, called
Increased Cost of Compliance (ICC), is an endorsement to
your Standard Flood Insurance Policy. It applies to all new
and renewed flood '+nsurance policies effective on and after
3une 1,1997.
How much coverage is availabte?
Flood insurance policyholders in high risk areas, also known
as special flood hazard areas, can get up to $30,000 to help
pay the costs to bring their home or business into
compliance with their community's floodplain ordinance.
What options are available to comply?
There are four options a person can take to comply with a
community's floodplain management ordinance and help
them reduce future flood damage. A person may decide
which of these options is best for them.
1. Elevation. This raises a home or business to or above the
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flood protection elevation level adopted by the community.
2. Relocation. This moves a home or business out of harm's
way.
3. Demolition. This tears down and removes flood damaged
buildings.
4. Floodproofing. This option is available primarily for non-
residentiaf buildings. It involves making a building watertight
through a combination of adjustments or additions of �
features to the building that reduces the potential for flood
damage.
When can someone file an ICC claim?
A person may file a claim for the Increased Cost of
Compfiance coverage in two instances:
1. If a community determines that a person's home or
business is damaged by flood to the point that repairs wi(I
cost 50 percent or more of the building's pre-damage market
value. This is called substantial damage.
2. If a community has a repetitive loss provision in its
floodplain management ordinance and determines that a
person's home or business was damaged by a flood two
times in the past 10 years, where the cost of repairing the
flood damage, on the average, equaled or exceeded 25
percent of its market value at the time of each flood, then
this is called repetitive damage. Additionally, there must
have been flood insurance claim payments for each of the
two flood losses.
� How can someone file an ICC claim?
A person's ICC claim is adjusted separate(y from the flood
damage claim they file under their Standard Flood Insurance
Poiicy. A person can only file an ICC claim if their community
determines that a home or business has been substantially
damaged by a flood. This determination is made when a
person applies for a building permit to begin repairing their
home or business. If a community does determine that a
home or business is substantially or repetitively damaged, a
local official will explain the floodplain management
ordinance provisions that a person will have to meet. A
person may also want to consult with the local official before
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they make the final decision about which of the options to
,
pursue. Once a community has made this determination, a
policy holder contacts the insurance company or agent who
wrote the flood policy to file and ICC claim. The insurer will
assign a claims representative who will help a person process
their ICC claim. A person shoufd start getting estimates from
contractors to take the necessary steps to elevate, relocate,
floodproof, or demolish.
How are ICC cfaim payments handled?
A person may be able to receive a partial payment once the
claims representative has a copy of the signed contract for
the work, a permit from the community to do the work, and
the return of a signed ICC Proof of Loss. If the work is
completed, local officials will inspect and issue a certificate of
occupancy or a confirmation letter. Once a person submits
this document to their claims representative, the insurer wilf
pay the final installment or full payment. ICC claims will only
be paid on flood damaged homes and businesses, and can
on{y be used to pay for costs of ineeting the floodplain
management ordinance in that community.
183
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r■/ AGENDA ITEM
��`� CITY COUNCIL MEETING OF
Fridley
November 9, 2015
Date: November 5,2015
To: Walter T. Wysopal, City Manager��/ I
From: Scott Hickok, Community Development Director
Julie Jones,Planning Manager
Stacy Stromberg,Planner
Subject: First Reading of Ordinance Repealing Ch. 205.27 of the Fridley Zoning Code and Adopting
a New Floodplain Zoning Overlay Zoning District
Background
The City has recently been provided revised Flood Insurance Rate Maps(FIRMs)from FEMA that must
be adopted into Fridley's Zoning Code by December 16,2015 in order for the City of Fridley to remain in
the National Flood Insurance Program. In order for the new code to be considered adopted, it must be
published by the December 16 deadline. The City Council must also adopt revised floodplain I
management regulations along with the new maps.
Staff has prepared a draft ordinance for your consideration based upon a template provided by the DNR,
the State agency that oversees the FEMA regulations.
Recommendation
In order to meet the prescribed deadline,staff recommends that the City Council conduct the first reading
of the proposing ordinance immediately following the public hearing. This proposed text amendment,
TA#15-05,repeals the City's existing Creek and River Preservation Overlay Zoning District 1,Chapter
205.27,and adopts a new Floodplain Ordinance. Staff recommends the name change to distinguish this
overlay district from others that apply to creek and river front property. Holding the first reading on
November 9,2015,will allow the second reading to occur on November 23,2015,and publication to
occur prior to December 16,2015.
185
� AGENDA ITEM
""°f CITY COUNCIL MEETING OF NOVEMBER 9, 2015
Fridley
INFORMAL STATUS REPORTS
186