Loading...
HomeMy WebLinkAboutCCAgenda_03Mar12 CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA March 12, 2003 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: GEHRZ KUETTEL LAMB LINDSTROM TALBOT WORTHINGTON SHEA KODLUBOY ATTORNEY ENGINEER C. COMMUNITY FORUM: t D. APPROVAL OF MINUTES: February 26, 2003 E. PUBLIC HEARINGS: None scheduled F. CONSENT AGENDA: 1. General Disbursements through March 7, 2003 in the Amount o£ $ 16,475.93 Payroll, 2/17/03-2/28/03: $ 11,585.58 2. Licenses 3. Step Increase and Compensation Increase for Deborah Jones, Zoning and Planning Coordinator 4. Appointment of Robert Thompson, 1845 Moore Street, to the Neighborhood Commission 5. Resolution of Support for Sherman and Associates' Application to Ramsey County Community Development Block Grant and Dakota County Consortium Home Investment Partnership Programs • FALCON HEIGHTS CITY COUNCIL AGENDA _2_ March 12, 2003 G. POLICY AGENDA: 1. Approval of the Memorandum of Agreement with the Capitol Region Watershed District 2. Consideration of an Ordinance Amending Chapter 5 of the Falcon Heights City Code Concerning the Indoor Display of Fireworks and Use of Pyrotechnic Equipment and Materials 3. Consideration of a Contract with the North Suburban Communications Commission (NSAC) to Provide Web Streaming Services H. REPORTS FROM COUNCIL MEMBERS: I. INFORMATION AND ANNOUNCEMENTS: . J. ADJOURNMENT CITY OF FALCON HEIGHTS COUNCIL MINUTES February 26, 2003 Mayor Sue Gehrz convened the regular City Council meeting at 7:00 PM. PRESENT: Mayor Sue Gehrz, Council members Laura Kuettel, Robert Lamb, Peter Lindstrom and Richard Talbot. Also present: City Administrator Heather Worthington and Deputy Clerk Mary Shea Kodluboy. COMMUNITY FORUM: There was no commentary from the audience. APPROVAL OF MINUTES: The Council minutes dated February 12, 2003 were unanimously approved as submitted. PUBLIC HEARINGS: None scheduled. CONSENT AGENDA: Administrator Worthington asked that Item F3 -Appointment of Toni Middleton as Alternate Planning Commissioner, be added to the Consent Agenda. Mayor Gehrz explained that the appointment is temporary. Toni served on the Planning Commission for two consecutive terms, but because the City's ordinance only permits appointment for two terms, she was not reappointed this year. Ann Ziebarth, another Planning Commissioner, is teaching an evening class through May, which makes it difficult for her to attend the Commission meetings on a regular basis, and there is a concern that having a Planning Commissioner absent might cause problems with having a quorum. The temporary solution is the appointment of Toni as an alternate until Ann can come to meetings. The motion to amend the Consent Agenda was unanimously approved. Kuettel moved approval of the Consent Agenda, as amended and outlined below. The motion was unanimously approved. 1. General Disbursements through February 20, 2003: $147,543.48 Payroll, 2/1/03-2/15/03: $ 12,465.81 2. License Renewals for 2003 -The Council, to encourage residents to patronize local businesses, read aloud the names of the businesses renewing their City licenses for 2003. 3. Appointment of Toni Middleton as Alternate Planning Commissioner. FALCON HEIGHTS CITY COUNCIL MINUTES _2_ February 26, 2003 G. POLICY AGENDA: Resolution Authorizing City Staff to Apply for a Department of Natural Resources Local Trail Connection Grant Administrator Worthington said the City is currently working with the City of Lauderdale and the University of Minnesota to apply for a DNR Local Trail Connection Grant to improve the trail between Lauderdale's Nature Area and the path on the old trolley right- of-way in the Grove neighborhood of Falcon Heights. This grant will allow the costs associated with the improvement to a paved trail to be covered, and will require a local match of one-half of the project cost. This grant is meant to connect existing recreational facilities. The cost estimate for this project is $35,000, half of which would be covered by this grant. The project also would improve erosion control, remove invasive woody species such as buckthorn, honeysuckle, and mulberry from the trail area, and implement crime prevention improvements. Staff is working with Lauderdale, the Friends of the Parks and Trails of Ramsey County, the University of Minnesota, and the Capitol Region Watershed District to establish partnerships to fund the remaining amount. The City approached the Bell Museum earlier in the day and they agreed to write a letter • of support. The Parks and Recreation Commission looked at this project and did awalk-through of the trail in September. At their January meeting, they voted unanimously to recommend approval of the application for the grant to the City Council. The application for this grant does not commit the City to any project. If the grant is awarded, the City will move forward with a series of public meetings and a planning process for the project. The grant will be awarded at the end of 2003 for 2004, so it is important to get this in the pipeline. A brief discussion followed. RESOLUTION 2003-OS Talbot moved that Resolution 2003-OS authorizing staff to apply for a Department of Natural Resources Local Trails Connection Grant be approved as presented. The motion was unanimously approved. Consideration of an IUP for the Twin Cities Co-ops Federal Credit Union Administrator Worthington gave a brief review of the Planning Commission and City Council process regarding the development and approval of an ordinance establishing interim use permits (IUP' S) as planning tools in the City Code, farmer's markets as a legal interim use in the B-2 zone, and creation of the Farmer's Market IUP itself. • FALCON HEIGHTS CITY COUNCIL MINUTES _3_ February 26, 2003 Consideration of an IUP for the Twin Cities Co-ops Federal Credit Union (continued) Administrator Worthington said the Planning Commission addressed major issues such as parking and the sale of specific items. Additionally, there is a mechanism for review of the permit after one season, and requirements that the owner of the property take certain steps to ensure that the property is cleaned thoroughly after the market, and adequate parking is provided. To this end, the City has offered the parking spaces available at City Hall (50) for use by Twin Cities Co-ops Federal Credit Union employees on Tuesdays. This will not present any problems for City staff-eight spaces being adequate for staff use on Tuesday mornings. The Planning Commission, at their meeting on Tuesday, February 25, 2003, made a few changes to the draft IUP and voted unanimously to recommend, to the City Council, approval of the Farmer's Market IUP. She introduced Jack Gerten, St. Paul Farmer's Markets, and Todd Barduson, Twin City Co-ops, and said they would answer any questions or concerns that the City Council might have. Mayor Gehrz said it is being recommended that the Farmer's Market be held during the • months of May through October instead of June through October. Council member Kuettel said she has heard a lot of information and the Council has discussed this several times. She is feeling better about it. Council member Talbot said that issues raised regarding parking, traffic, hours of operation, etc., have been addressed. There will be an on-site manager at Twin City Co-op, someone who will be responsible. He thanked the Planning Commission for their hard work and effort and said they put in a lot of time and assist the City Council with policy making. Council member Lamb said this is a very positive addition to the City. It has been beat to death with meetings. He thinks the Council can move to approve the IUP. Council member Lindstrom said the Planning Commission has looked at this several times and has made a lot of changes. The IUP is in pretty good shape. Mayor Gehrz said that residents might be asking if it's appropriate to let employees from the Twin City Co-op park in the City lot. This will avoid the need for people to park in the neighborhoods. There have been times when City activities have required parking in their lot; for example, they let the City use their parking lot for the emergency traffic management training. There has been a history of sharing parking arrangements. • She thanked Messrs. Gerten and Barduson for their patience and said this has been a long process with many meetings, but the benefit makes it worth doing. 3 • FALCON HEIGHTS CITY COUNCIL MINUTES -4- February 26, 2003 Consideration of an IUP for the Twin Cities Co-ops Federal Credit Union (continued) Lamb moved that on page two, item two of the draft IUP, the months of operation be changed to May through October. The motion was unanimously approved. Lindstrom moved approval of the Interim Use Permit agreement, as amended, allowing a Farmer's Market, operated by St. Paul Farmer's Markets, to be located at the Twin City Co-ops Federal Credit Union, 2025 West Larpenteur Avenue. The motion was unanimously approved. H. REPORTS FROM COUNCIL MEMBERS: Mayor Gehrz said she has been approached by three different people asking if the City Council would consider taking up a resolution opposing the Federal government's actions about Iraq. What she has told people is that this is not an appropriate role of the City Council. She was elected to address City issues, not national issues. We do not know how everyone in the community feels about the issue. People who feel strongly should contact their legislative representatives. Council member Kuettel said she has been approached by people she works with and she has told them she believes she was elected to take care of City business. Council member Talbot said that the Ely City Council passed a resolution regarding Iraq. Council member Lindstrom said he thinks the Council has enough on its plate to keep busy. Council member Lamb said he is not sure if it's appropriate or inappropriate. He believes the Ely City Council resolution condemned the rush to war. Inspections appear to be yielding some fruit. I. INFORMATION AND ANNOUNCEMENTS: Update on Possible Cuts to the City's Local Government Aid (LGA) Allocations from the State of Minnesota Administrator Worthington said that Falcon Heights receives a total of $279,363 in Local Government Aid and Market Value Homestead Credit. The City is facing a cut of $103,306 in the first year of the biennium, 2003. In the 2004-OS year, the City will be cut $246,466 in aid. At the end of the biennium, the City will be left with $32,897 in aid. The City has a contingency budget that planned fora 100% cut in Local Government Aid (which would be $213,738) for 2003. Staff is currently working on several proposals for the City Council's discussion and review at next week's workshop. The contingency budget has balanced cuts in capital and general fund spending, and the City will be prioritizing its spending accordingly. The Governor's plan also calls for levy limits to remain in place through 2005. Cities will be allowed to levy the amount they levied for • 2003, with some minor adjustments for inflation. All cities will be subject to levy limits under the proposal. • FALCON HEIGHTS CITY COUNCIL MINUTES -5- February 26, 2003 • • Update on Possible Cuts to the City's Local Government Aid (LGA) Allocations from the State of Minnesota (continued) Administrator Worthington said that after the levy limits are lifted, the Governor is proposing a reverse referendum, which will allow a certain percentage of the voters in a city to sign a petition, thereby triggering a special election to review the city's proposed levy, and vote on whether or not the levy should be approved. If the votes overturn the levy, the city would only be able to levy at the amount of the previous year. The number used to calculate Falcon Heights' levy for the purposes of the Governor's proposal was the City's preliminary levy number, which changed when the final levy was declared-it went down; as a result, the State will be recalculating the proposed cuts with the final levy. The City's tax levy is already set for 2003, so changes cannot be made to 2003 property taxes. Everyone will be working hard to ensure that the proposed 2004 cuts do not adversely impact the City service provision, or unfairly penalize property taxes. The regular City Council meeting was adjourned at 7:35 PM. Respectfully submitted, Mary Shea Kodluboy Deputy Clerk s L~ :~ CONSENT ITEM: F1 3/12/03 ITEM: Disbursements and Payroll SUBMITTED BY: Roland O.Olson, Finance Director REVIEWED BY: Heather Worthington, City Administrator EXPLANATION/SUMMARY: 1. General disbursements through March 7, 2003 in the amount of: $ 16,475.93 2. Payroll for Pay Period #4 (02/17/03 to 02/28/03) in the amount of: $ 11,584.58 ATTACHMENTS: • General Disbursements and Payroll ACTION REQUESTED: • Approval DATE 03/03/03 TIME 10:08 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 1 APPROVAL OF BILLS PERIOD ENDING: 3-7-02 # VENDOR NAME DESCRIPTION DEPT. AMOUNT US BANK TRUST NATL ASSOC AGENT FEES/ 99 BONDS -------- 316.25 US BANK TRUST NATL ASSOC AGENT FEES/96 BONDS -------- 316.25 *** TOTAL FOR DEPT 00 632.50 42078 GARDEN VIEW CAFE WORKSHOP LUNCHES LEGISLAT 63.77 42074 MNBIO ECON DEVELPMT CONF-MAYOR LEGISLAT 45.00 MN SENIOR FEDERATION 03/DUES LEGISLAT 40.00 NORTH SUBURBAN SENIOR 03 COOPERATIVE SVC LEGISLAT 909.00 *** TOTAL FOR DEPT 11 1,057.77 AMERICAN OFFICE PRODUCTS PENS/RIBBONS/PAPER/SCHEA ADMINIST 165.32 AMERICAN OFFICE PRODUCTS PAPER ADMINIST 68.71 AMERICAN OFFICE PRODUCTS LABELS/3 MOUSE/ENVELOPES ADMINIST 211.51 AMERICAN OFFICE PRODUCTS NAME PLATE ADMINIST 8.52 CITIZENS LEAGUE PUBLIC AFFAIRS DIRECTORY ADMINIST 16.50 ICMA RETIREMENT TRUST 457 FEB/03 WORTHINGTON ADMINIST 200.00 42073 MNBIO ECON DEVELPMT CONF-HEATH ADMINIST 45.00 METROPOLITAN AREA MANAGE- DEC MEETING EXP ADMINIST 30.00 42077 PERA FEB 16-28 PERA WITH ADMINIST 1,345.10 COORDINATED BUS. SYSTEMS, STAPLE PACK FOR COPIER ADMINIST 62.30 *** TOTAL FOR DEPT 12 2,152.96 MCI WORLDCOM RES SVC LONG DISTANCE COMMUNIC 20.69 *** TOTAL FOR DEPT 16 20.69 NCPERS GROUP LIFE INS MAR/03 JONES PLANNING 16.00 *** TOTAL FOR DEPT 17 16.00 MINNCOMM PAGER RENTALS EMERGENC 32.70 *** TOTAL FOR DEPT 21 32.70 AMERIPRIDE LINEN&APPAREL LINEN CLEANING FIRE FIG 44.62 CITY OF ST PAUL REPAIR TURN OUT GEAR FIRE FIG 49.42 GLENWOOD INGLEWOOD H2O AND COOLER RENTAL FIRE FIG 19.80 42075 LEAGUE MN CITIES INS TRST 03 FIRE VEHCL COLLISSON FIRE FIG 1,199.00 SUPERAMERICA FUEL FIRE FIG 31.75 *** TOTAL FOR DEPT 24 1,344.59 CINTAS CORPORATION #470 RUG MAINT,CITY HALL CITY HAL 70.29 GLENWOOD INGLEWOOD H2O AND COOLER RENTAL CITY HAL 19.80 42075 LEAGUE MN CITIES INS TRST 03 CITY HALL BLDG/CONTNT CITY HAL 20.00 MERCURY WASTE SOLUTIONS FLUORESCENT DISPOSAL CITY HAL 89.87 XCEL ENERGY GAS CITY HAL 1,161.23 XCEL ENERGY ELECT CITY HAL 808.93 SUBURBAN ACE HARDWARE BATTERIES/PAINT/BULBS CITY HAL 112.58 *** TOTAL FOR DEPT 31 2,302.70 42075 LEAGUE MN CITIES INS TRST 03 OTHER VEHICLE COLLISN STREETS 469.00 MUSKA ELECTRIC REPAIR ST LIGHT BY CIATT STREETS 482.60 XCEL ENERGY ELECT TO 3/1/03 STREETS 1,784.51 XCEL ENERGY ELECT 3/1 STREETS 7.40 XCEL ENERGY ELECT 3/1 STREETS 72.15 XCEL ENERGY ELECT 3/1 STREETS 9.53 DATE 03/03/03 TIME 10:08 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 2 AP PROVAL OF BILLS PERIOD ENDING: 3-7-02 # VENDOR NAME -------- ------ ------------- DESCRIPTION ------------------------ DEPT. -------- - AMOUNT ---------- XCEL ENERGY ELECT 3/1 STREETS 63.09 SUBURBAN ACE HARDWARE FASTENERS/BATTERIES STREETS 12.12 SUPERAMERICA FUEL STREETS 158.34 *** TOTAL FOR DEPT 32 3,058 .74 ICMA RETIREMENT TRUST 457 FEB/03 MAERTZ PARK & R 100.00 ICMA RETIREMENT TRUST 457 FEB/03 TRETSVEN PARK & R 100.00 MUSKA ELECTRIC LIGHT REPAIRS PARK & R 1,269.60 NCPERS GROUP LIFE INS MAR/03 MAERTZ PARK & R 16.00 XCEL ENERGY AUTO PROTECTIVE LIGHTING PARK & R 2.04 XCEL ENERGY ELECT/GAS COMM PARK PARK & R 887.47 XCEL ENERGY ELECT PARK & R 22.58 SUBURBAN ACE HARDWARE PAINT/ROLLERS/PT SUPPLIE PARK & R 22.99 SUPERAMERICA FUEL PARK & R 116.68 QWEST TELEPHONE 2/22 PARK & R 111.52 KINKO'S INC. PRINTING/COLOR RENDERING PARK & R 162.25 *** TOTAL FOR DEPT 41 2,811. 13 E-Z RECYCLING, INC. MAR/03 RECYCLING SOLID WA 2,559.40 *** TOTAL FOR DEPT 56 2,559. 40 MUSKA ELECTRIC NEW LIGHTING FIXTURE PUBLIC W 391.00 *** TOTAL FOR DEPT 65 391. 00 XCEL ENERGY l~J PUMPING STATION ELECT SANITARY 95.75 *** TOTAL FOR DEPT 75 95.75 *** TOTAL FOR BANK O1 16,475.93 *** GRAND TOTAL *** 16,475.93 PERIOD END DATE 02/28/03 **FILE NOT UPDATED** SYSTEM DATE 02/25/03 C H E C K R E G I S T E R CHECK CHECK EMPLOYEE NAME TYPE DATE NUMBER PAGE 1 CHECK CHECK NUMBER AMOUNT 2 28 03 6 SUSAN GEHRZ 32613 303.34 2 28 03 12 LAURA A. KUETTEL 32614 277.05 2 28 03 13 PETER C. LINDSTROM 32615 277.05 2 28 03 14 RICHARD P TALBOT JR 32616 177.05 2 28 03 15 ROBERT E LAMB 32617 277.05 2 28 03 34 CLEMENT KURHAJETZ 32618 280.74 2 28 03 35 LEO LINDIG 32619 64.64 2 28 03 42 MICHAEL D CLARKIN 32620 108.52 2 28 03 66 ALFRED HERNANDEZ 32621 55.41 2 28 03 74 MARK J ALLEN 32622 138.52 2 28 03 85 DANIEL S JOHNSON-POWERS 32623 54.64 2 28 03 91 RICHARD H HINRICHS 32624 64.64 2 28 03 96 DAVID R HOLTZ 32625 64.64 2 28 03 99 ALEXANDER J. HAIGH 32626 18.18 2 28 03 1003 HEATHER WORTHINGTON 32629 1396.16 2 28 03 1013 WILLIAM MAERTZ 32630 1543.11 2 28 03 1030 MARY A. KODLUBOY 32631 1242.97 2 28 03 1033 DAVE TRETSVEN 32632 1110.84 2 28 03 1038 DEBORAH K JONES 32633 853.11 2 28 03 1103 DIANE MEYER 32634 312.82 2 28 03 1136 ROLAND O OLSON 32635 1297.61 2 28 03 1142 ANTHONY ANDERSON 32636 140.38 2 28 03 1143 COLIN B CALLAHAN 32637 400.52 2 28 03 1173 ELIZABETH M POSTIGO 32638 386.08 2 28 03 1176 MICHAEL P ECKBERG 32639 144.07 2 28 03 1178 PETER M FISCHER 32640 160.36 2 28 03 1188 NICOLE S GRAHAM 32641 153.43 2 28 03 2006 DAMON J. WICKHEM 32642 12.93 2 28 03 2018 ANNA M. SHELDON 32643 25.85 2 28 03 2023 ZACH E. BRAND 32644 33.25 2 28 03 2034 ELIZABETH A. NORRIS 32645 132.98 2 28 03 2035 ROSS A. HERNANDEZ 32646 44.32 2 28 03 2036 NICHOLAS M. KNOBLAUCH 32647 32.32 COMPUTER CHECKS 11584.58 MANUAL CHECKS .00 NOTICES OF DEPOSIT .00 ****TOTALS**** 11584.58 9 • CONSENT ITEM: F2 3/12/03 ITEM: Licenses SUBMITTED BY: Mary Shea Kodluboy/Deputy Clerk REVIEWED BY: Heather Worthington, City Administrator EXPLANATION/SUMMARY: Outlined below is a list of additional license applications for 2003 HOME OCCUPATION David L. Wasson Graphic Design -Graphic design studio 1426 Idaho Avenue West MECHANICAL CONTRACTOR Aspen Air, Inc., South St. Paul LANDSCAPING, TREE CARE AND TREE TRIMMING S & S Tree and Horticultural Specialists, Inc., South St. Paul ACTION REQUESTED: • Approval l0 CONSENT ITEM: F3 3/12/03 ITEM: Step Increase and Compensation Increase for Deborah Jones, Zoning and Planning Coordinator SUBMITTED BY: Heather Worthington, City Administrator EXPLANATION: Summary: Deborah Jones has completed her first 18 months of employment with the City, and is now eligible for Step 4 in the compensation plan for the city. Deb has been an outstanding employee. She brings hard work, many talents, and a strong commitment to public service in Falcon Heights. She has been instrumental in the development of the city's website, and has updated it weekly, including fresh information, helpful features such as FAQ's (frequently asked questions), and GIS functionality. Her cheerful attitude and can-do work ethic have allowed the city to achieve many of our goals in the past year, and her contributions to the NPDES permit, the Planning Commission, and the code enforcement and planning/zoning activities of the city have been most valuable. In short, her performance has been excellent, and I strongly recommend a 4% increase for Deb, retroactive to November 1St, 2002. ACTION REQUESTED: • Approval of step increase and compensation increase for Deborah Jones, Planning and Zoning Coordinator. • CONSENT ITEM: F4 3/12/03 ITEM: Appointment of Robert Thompson, 1845 Moore Street, to the Neighborhood Commission SUBMITTED BY: Mayor Sue Gehrz EXPLANATION: Summary: Robert Thompson contacted Mayor Gehrz, expressing an interest in serving on the City's Neighborhood Commission. He has submitted his application for the Neighborhood Commission and it is attached. ATTACHMENT: • Neighborhood Commission application ACTION REQUESTED: • Approve appointment of Robert Thompson, 1845 Moore Street, to the Neighborhood Commission • ~a CITY OF FALCONHEIGHTS COMMISSION/COUNCIL APPLICATION MAR Q 6 20Q3 DATE: 3 f `{ v 3 NAME: ~c~~c t¢..1 \ `~-l.o~.P ~ ADDRESS: L ~~(,~ ~~ d~ 5r PHONE: (H) ~~l- ``(~ - Si34-6 (W) ~ lZ • G~~ - 5'! Y f HOW LONG AT ABOVE ADDRESS? _ Z rya ~h~ f IN WHAT CAPACITY DO YOU WISH TO SERVE? _ -J¢.;1 L,. ~o ~ ~cJ Ca,,,,~,,,, <y st ~J REASON YOU WISH TO SERVE ON ABOVE: ~ 'I~t,,L ., ~ o'F o'F~ ~y.~,r;G~...,t•„ t" t. ~~~ `-V 6.w taw K .t ~t O r et, K t L t Lu O /w ~ ~, ~ .t I .~C IV ~j t ~~,., ~,,~ v '~ ~ t ~~-cric ~« . I S ls~ ~¢ I«t~...e I ~...sak I ~. lA .,.4 4 (o ~ ~, l~n. ,_~'-~,,,. T~'l(„ ~10e• ~G.. '10~.. ~tn.~ ~4. ~/`~.~+.~ M ~ Ot1~ PRIOR PUBLIC (OR RELATED) SERVICE: ~ (,~.,~,,,,~ S«v~? d,,~ ~t,~, P~yf .~ ~~ds C.~t... / ~vr ~J o ~~ tn: L...Q ~v~k c ~.d,c. w.I~,,,t., - ~c. o Ti~sQ w ~ wl G~ e Gt.~ a~ C01~u.~L~.K.~~ ~ ~~ ~w:~'f' f`C.~Tt~.S~;~ w'"'~ c,,t.~tc~...kt~..:~,~~. OTHER RELEVANT BACKGROUND (OR COMI~~NTS): I ~ G ~~Cw wot'~ ~r Y-`i 1^~4 0 ~ ~GL ~ /~O~ ~t)~~I L Zci~ ~ ft- P ( wo r ~C..-e ~; rec ~~ (~~ ~~ ~,-caw ~ ' '~r, ~t 5 -i Inc 5~ ~`! ~ ~~, _ -D w. wt. cti ~ ~ I ~. ~ r-v 1 ~ Gv we rta `..n.,~ ~ ~ ~.C he,. i \ ~5 .~ q ~ I,.~o ~ w o~ r`~ d r ~~~ CONSENT ITEM: F-5 3/12/03 ITEM: Resolution of Support for Sherman and Associates' Application to Ramsey County Community Development Block Grant and Dakota County Consortium Home Investment Partnership Programs SUBMITTED BY: Heather Worthington, City Administrator EXPLANATION: Summarv: The Council is being asked to adopt the attached resolution in support of Sherman and Associates application to Ramsey County for funds to subsidize the construction of 25 out of the 120 units in the multi-family building targeted at persons living at or below 30% of the median income level ($22,400 for a household of four persons). This grant will be for the first round of 2003, and the resolution is identical to the one adopted by the Council last March. ATTACHMENT: • Resolution 03-06 ACTION REQUESTED: • Adoption of Resolution 03-06 in support of Sherman and Associates' application to Ramsey County Community Development Block Grant and Dakota County Consortium Home Investment Partnership Programs • /3 • CITY OF FALCON HEIGHTS RESOLUTION No: 03-06 Date: March 12, 2003 RESOLUTION IN SUPPORT OF SHERMAN AND ASSOCIATES' APPLICATION TO THE RAMSEY COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND DAKOTA COUNTY CONSORTIUM HOME INVESTMENT PARTNERSHIP PROGRAMS SOUTHEAST CORNER REDEVELOPMENT PROJECT WHEREAS, the City of Falcon Heights has identified the southeast corner of Snelling and Larpenteur Avenues as a priority for redevelopment in its Comprehensive Plan update of 2000; and WHEREAS, the City has determined, through research, community input, and the development of guidelines, that mixed use development is appropriate for this site, including a mix of housing and neighborhood retail services; and WHEREAS, the City has worked closely with both the property owners and the residents of this neighborhood to determine a course of action which will improve the appearance, quality of life, and future development of the city; NOW, THEREFORE BE IT RESOLVED THAT the City supports Sherman and Associates' efforts to provide 25 housing units targeted to 30% of the median income at this site, and asks Ramsey County to join the City and Sherman and Associates as a partner in this development. Moved by: Approved by: GEHRZ In Favor KUETTEL LAMB Attested by: LINDSTROM Against TALBOT • Susan L. Gehrz, Mayor March 12, 2003 Heather M. Worthington City Administrator/Clerk March 12, 2003 ~y POLICY ITEM: G1 3/12/03 ITEM: Approval of the Memorandum of Agreement with the Capitol Region Watershed District SUBMITTED BY: Heather Worthington, City Administrator REVIEWED BY: Roger Knutson, City Attorney EXPLANATION: Summary: The City has been negotiating the Memorandum of Agreement with the Capitol Region Watershed District (CRWD) for approximately one year. This Agreement will create a framework for future interaction with the newly created District, and will facilitate statutory review processes between the two local units of government. Similar agreements are in place with Roseville and Saint Paul, and are also being negotiated with the State Fair and the University of Minnesota. The next step in this process is for the city to adopt a local watershed management plan (LWMP). This is required under the statute that creates watershed districts. This MOA will allow us to work with the CRWD and the Rice Creek Watershed District to draft a LWMP that will satisfy those requirements. ATTACHMENT: • MOA, as approved by the CRWD Board of Managers ACTION REQUESTED: • Discussion Approval of the MOA, and authorization for the Mayor and City Administrator to sign for the City of Falcon Heights • is • Memorandum of Agreement AGREEMENT made this day of , 2003, by and between the City of Falcon Heights, a Minnesota municipal corporation ("Falcon Heights") and the Capitol Region Watershed District ("CRWD"). Synopsis of this agreement's intent: The purpose of this agreement is to create a formal structure in which to assist Falcon Heights in their decision making process and implementation of activities that the CRWD believes to be directly related to our goal of protecting water resources. Whereas, The Capitol Region Watershed District (CRWD) has been created under MN Statures 103D and 103B to protect and conserve the water resources within its geographic boundaries, and Whereas, The CRWD has adopted a Watershed Management Plan (WMP) pursuant to MN Statutes 103B for the protection and conservation of water resources, and Whereas, All local units of government units (LGUs) as defined in MN Statues must develop "local water management plans" that are consistent with and inclusive of the requirements of the CRWD's WMP, and Whereas, it is the intent of the CRWD to rely on cooperation with LGUs and LGU permitting authorities and procedures to achieve non-point pollution control within the watershed, and Whereas, It is in the best interest of the LGUs and CRWD to cooperate and coordinate on all activities that will effect the protection and conservation of water resources with in the CRWD, and Whereas, the CRWD desires the opportunity for input in the land development review, permitting, and enforcement activities of LGUs to better understand the existing controls of LGUs for water resource conservation and protection and better discern the need for and/or content of future Rule promulgation to govern LGU activities, and Whereas, the CRWD desires an effective and efficient exchange of information relevant to the protection and conservation of water resources. ~~ Now Therefore Be It Resolved, Falcon Heights will submit to the CRWD for its review and comment the following: General Stormwater Management Concerns "Site plan reviews" for one acre or larger sized development sites for property requiring site plan review under city ordinance. a) Examine surface and groundwater impacts and assist in the design for protective activities/requirements and insure that the goals and objectives of the WMP are achieved. b) The CRWD will complete their review within 15 calendar days of receipt of the site plan from the permitting body. 2. Rezoning requests for sites greater than one acre and where it is anticipated that potential total impervious surface area will be increased by 25% or where there will be an increase in impervious surface area in excess of one acre or hazards materials will be used or generated. a) Provide review and comment on the environmental effects a specific rezoning request may present to water resources. b) The CRWD will complete their review within 30 calendar days of receipt of the rezoning request from the zoning authority. 3. Comprehensive land use plan changes or amendments a) Provide review and comment on land use planning updates or changes in land use code b) The CRWD will complete their review within 30 calendar days of receipt of the land use update or change request from the land use planning authority. 4. All public road reconstruction planning and design a) Review and comment on all road reconstruction planning b) The CRWD will complete their review within 30 calendar days of receipt of the road construction request from the road construction authority. 5. Flood plain Management a) Provide technical direction with regard to standards U • 6. Groundwater quality protection needs a) Advise per Ramsey County Groundwater Plan activities that apply to the site 1. Suggest mitigative activities necessary to prevent the contamination of groundwater. 2. Assist public water suppliers with compliance with State wellhead protection requirements. Routine and Special Public Works Projects/activities 1. Street sweeping activities a) Advise on schedule b) Assist in the prioritization of geographic areas 2. Catch basin design and construction and maintenance a) Advise on maintenance schedule, and review the design and construction. 3. Stormwater Pond construction and maintenance a) Review and consult on all plans for all road and public property construction activities and land development sites in excess of one acre. • b) The CRWD will complete their review within 30 calendar days of receipt of the road construction or public property construction request from responsible authority. 4. Wetland restoration a) Guide implementation to insure consistency among LGUs in the watershed. b) The CRWD will complete their review within 30 calendar days of receipt of the wetland restoration request from the local wetland authority. Implementation of Ordinances 1. Wetland Conservation Act a) Oversee implementation to insure consistency among LGUs 2. Erosion and sediment control inspections and enforcement activities a) Monitor the effectiveness of the LGU Exchange of Information Develop protocol for the exchange in information. This may be unique to each member of this MOA /~ ~J • Special Projects with LGUs 1. Serita Wetland restoration Termination: This agreement may be terminated by any party with 60 days written notice. Approved: CITY OF FALCON HEIGHTS By Susan L. Gehrz, Mayor Date By Heather M. Worthington City Administrator Date CAPITOL REGION WATERSHED DISTRICT By Marlyn Deneen, Vice President Date By Mark Doneux District Coordinator Date :7 POLICY ITEM: G2 3/12/03 ITEM: Consideration of an Ordinance Amending Chapter 5 of the Falcon Heights City Code Concerning the Indoor Display of Fireworks and Use of Pyrotechnic Equipment and Materials SUBMITTED BY: Heather Worthington, City Administrator REVIEWED BY: Roger Knutson, City Attorney EXPLANATION: Summary: In light of recent events in Rhode Island, city staff asked the city attorney, Roger Knutson, to draft an ordinance that would address the issue of pyrotechnic use in un-sprinklered buildings. Current State fire codes require the issuance of a permit by the Fire Chief of the city in these cases; however, this may not be adequate due to the burden of proof being on the business owner, and not on the city. In order to ensure that the city has adequate safeguards in place, it is prudent to have an ordinance that specifically disallows the use of pyrotechnics or indoor fireworks in buildings that are not equipped with an automatic fire suppression system. The State Legislature is considering legislation that would ban the display of indoor fireworks or other pyrotechnics. The status of this bill is unclear at the moment, and it may be advisable for the city to act independently in order to ensure that this potential problem is addressed now, rather than later in the year. This ordinance would not address the use of outdoor fireworks, which are already regulated by State law. ATTACHMENT: • Ordinance 03-03 • Fireworks Fact Sheet, April 30, 2002, State Fire Marshal • Article 78, Fireworks and Pyrotechnic Special Effects Material, 1997 Uniform Fire Code ACTION REQUESTED: • Discussion • Adoption of Ordinance 03-03 • ~b CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA ORDINANCE NO. 03-03 AN ORDINANCE AMENDING CHAPTER 5 OF THE FALCON HEIGHTS CITY CODE CONCERNING THE INDOOR DISPLAY OF FIREWORKS AND USE OF PYROTECHNIC EQUIPMENT AND MATERIALS THE CITY COUNCIL OF FALCON HEIGHTS, MINNESOTA ORDAINS: SECTION 1. Section 5-1.02 of the Falcon Heights City Code is amended by adding a subparagraph "E" to provide as follows: E. INDOOR FIREWORKS DISPLAYS OR USE OF PYROTECHNIC DEVICES. 1) Indoor use limited. It is unlawful to conduct any indoor fireworks display or to use any pyrotechnic device including smoke pots, flash pots and theatrical flash powder indoors if the structure or area in which the display or use • is being conducted is not protected by an automatic fire suppression system. This section shall apply to the use of fireworks or pyrotechnic equipment and materials for ceremonial, theatrical and musical productions, but does not apply to "Legal fireworks" as defined below. 2) Definition. For the purposes of this Section "legal fireworks" is defined to mean: ire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 200- grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. 3) Permit Required. It is unlawful to conduct any indoor fireworks display or to use any pyrotechnic device or materials indoors without first obtaining a permit from the fire chief or fire marshal, consistent with the provisions of the Uniform Fire Code, Sections 7801-7803 (Minnesota Rules Part 7510.3640, as amended from time to time), • except that permits need to be applied for more than three (3) business days in advance of the date of the display or use. si 4) Permit Fee. The permit fee shall be established by City Council resolution. SECTION 2. This ordinance shall be effective immediately upon is passage and publication. ADOPTED this 12th day of March, 2003 by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: Susan L. Gehrz, Mayor ATTEST: Heather M. Worthington, City Administrator/Clerk • 3~ ~p~~ State Fire Marshal Division ~ 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145 Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282-6555 ~q~~~P Internet: http://www.dps.state.mn.us Fireworks Fact Sheet Alcoho- & Apri 130, 2002 Gambling Enforcement Recent changes to Minnesota Statute 624.20 now allow for the public sale, Bureau of os5ession and use of a limited number of, but not all, consumer fireworks. P Criminal Apprehension Summary of Changes to Minnesota Fireworks Laws Capitol Security Crime Victim . Sale, possession and use of some nonexplosive and nonaerial Services consumer fireworks is now permitted in Minnesota on or after Driver & Vehicle Services April 30, 2002. Examples include items such as sparklers, cones and tubes that emit sparks, novelty items like snakes, and party poppers. Emergency Management/ For a complete list, see the Table on Page 2 of this fact sheet. Emergency Response • Commission These consumer fireworks may not be used on public property State Fire (i.e. parks, roads, alleys, schools, government property etc.). Marshal / Pipeline Safety • Purchasers of these fireworks must be at least 18 years old and State Patrol retailers need to check photo identification. Traffic Safety • Sale, possession and use may occur at any time during the year. What Requirements Have Not Changed • Explosive and aerial fireworks are still prohibited for public sale, possession and use. Prohibited fireworks include firecrackers, bottle rockets, missiles, roman candles, mortars and shells. MIIVNEBOTA • Requirements for "public" display fireworks and certification for ~~~ ~:..~-_ ~ .use remain unchanged. F ' ~~ @ '~~ y Questions should be directed to the State Fire Marshal Division by email to firecodena state.mn.us or by calling (651) 215-0500. Additional information is available at www.fire.state.mn.us State Fire Marshal Fireworks Fact Sheet April 30, 2002 Page 1 of 6 www.fire.state.mn.us Questions: firecode@state.mn.us ~3 r: • Table 1: Examples of Legal and Illegal Fireworks EXAMPLES OF FIREWORKS THAT ARE NOW LEGAL TO SELL, POSSESS AND USE BY THE PUBLIC ON OR AFTER APRIL 30, 2002 AS PERMITTED BY MINNESOTA STATUTE 624.20 (C): EXAMPLES OF FIREWORKS THAT CONTINUE TO BE ILLEGAL TO SELL POSSESS AND USE, EXCEPT AS PERMITTED UNDER MINNESOTA STATUTE 624.20 Wire or wood sparklers of not more than 100 grams of mixture per item • Any fireworks that are explosive ~ Any fireworks that are aerial Other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a • Firecrackers an size ( y ) total of 200 grams or less for multiple tubes Ladyfingers and include: Sky rockets • Cylindrical fountain Upon ignition, a shower of • Bottle rockets colored sparks or smoke and sometimes a . Missile type rockets whistling effect is produced. • Helicopters, aerial spinners, planes, • Cone Fountain The effect is the same as that of UFOS a cylindrical fountain. When more than 1 cone is mounted on a common base, total pyrotechnic • Roman Candles composition may not exceed 200 grams . Mines or shells (heavy cardboard or • Illuminating Torch paper tube(s) attached to a base - • Wheel -Pyrotechnic device intended to be upon ignition stars, balls or reports are attached to a post or tree by means of a nail or propelled into the air) string. Upon ignition, the wheel revolves, producing a shower of color and sparks and, • Chasers sometimes, a whistling effect • Parachutes • Ground Spinner -Small device venting out an . 1.3G Display (special or class B) orifice usually on the side of the tube. Similar in Fireworks operation to a wheel but intended to be placed flat on the ground and ignited. The rapidly • Aerial shells spinning device produces a shower of sparks . Theatrical pyrotechnics (see Minn. and color. Stat. 624.20 to 624.25) • Flitter Sparkler -Narrow paper tube attached to a stick or wire that produces color and sparks upon ignition. The paper at one end of the tube is ignited to make the device function. • Flash/Strobe - Emit a bright light Basically, any fireworks listed above are still not legal for public sale, possession or Novelty items such as snakes and glow use, except with a permit and by a certified worms, smoke devices, or trick noisemakers operator according to Minnesota Statute which include paper streamers, party poppers, 624.20. (i.e. these fireworks are still not string poppers, snappers, and drop pops, each legal unless a permit has been issued by consisting of not more than twenty-five the local jurisdiction and they are used by hundredths grains of explosive mixture. a state certified operator) • State Fire Marshal Fireworks Fact Sheet April 30, 2002 Page 2 of 6 www.fire.state.mn.us Questions: firecode@state.mn.us ~y Information for Consumers of Fireworks Each state in the United States has slightly different requirements for fireworks: some permit all 1.4G consumer fireworks; others a subset of consumer fireworks; or no fireworks at all. The recent law change would allow some, but not all, consumer fireworks to be sold and used in Minnesota. To prevent confusion, the Table on Page 2 of this fact sheet outlines the types of fireworks that may now be sold, possessed and used by the public. This table also indicates fireworks that are still not legal to sell, possess and use, except with a permit and by a certified operator. Here is a summary of the basic rules for fireworks in Minnesota: • Only nonexplosive and nonaerial consumer fireworks are permitted to be sold, possessed and used. Examples include fireworks listed in the left hand column in the Table on Page 2 of this fact sheet. • Fireworks that explode, leave the ground, or shoot anything other than sparks into the air are still prohibited. • Use of these devices is not permitted on public property (i.e. parks, roads, alleys, schools, government property etc.). • Purchasers of fireworks must be at least 18 years old and age must be verified by photo identification at the time of purchase. The only age restriction is on the purchase of fireworks -there is no age restriction on possession or use. • There are no restrictions on the time of year for the sale, possession or use of these fireworks, nor are there restrictions on where the fireworks are purchased (in state or out of state). • A permit or certification from the State Fire Marshal Division is not necessary for the sale, possession or use of these fireworks. • There has been no change in the laws relating to theatrical pyrotechnics and the requirements for a permit and certified operator according to Minnesota Statute 624.20 to 624.25 • Operating outside the exception provided by Minn. Stat 624.20 (c) for sale, possession and use of fireworks is addressed in the criminal statutes of Minn. Stat. 624.20 to 624.25. According to Minn. Stat. 624.25, violations are addressed as follows: 7. if fhe violation involves explosive fireworks in an amount of 35 pounds gross container weight or more, to imprisonment for not more than one year, or to payment of a fine of not more fhan.$3,000, or both; 2. if fhe violation involves explosive fireworks in an amount of less than 35 pounds gross container weight, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both; and 3. if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both. State Fire Marshal Fireworks Fact Sheet April 30, 2002 Page 3 of 6 www.fire.state.mn.us Questions: firecode@state.mn.us ~s Fireworks Safety Guidelines Fireworks are associated with many injuries nationally each year. The following safety guidelines are offered to reduce fireworks injuries, fires and nuisance complaints: • Read, understand and follow the instructions on each device prior to using. • Use fireworks with close adult supervision. • Choose a safe place to use fireworks that is far from anything that could be damaged from the normal or abnormal operation of any device. Fireworks should only be ignited outdoors and away from animals, buildings, storage tanks, brush or combustible materials. • Anyone acting in an irresponsible manner or who appears to be under the influence of. alcohol or other drugs should not handle or discharge fireworks. • Keep fireworks away from small children and store them in a cool dry location away from sources of ignition (heat and flames). Fireworks should not be allowed to become wet and should not be used when dried after becoming wet. • Do not carry fireworks in your pocket or on your person. • Lit cigarettes, cigars, pipes or open flames should be kept away from fireworks that are for sale or when stored. i Never ignite fireworks inside another container, such as inside a bottle or can. • Eye protection is recommended for those using fireworks. Never throw fireworks or aim them at another person, animal or building. • Only light one firework device at a time, then move away from the device quickly. Keep clear of any device that has been ignited, but has yet to go off. • If a firework device has been ignited but fails to go off, stay clear of the device for an extended period of time to prevent injury due to delayed activation. Soak the device in water before handling it. • Never place any part of your body, especially your head, over the firework device when lighting. Approach the item from the side and light while keeping your body away from the item. • Never relight malfunctioning fireworks. Report any defects back to the seller or the Consumer Product Safety Commission. • Never experiment with fireworks, make your own fireworks, or alter fireworks in any manner (a strong federal prohibition exists for such activity). • -State Fire Marshal Fireworks Fact Sheet April 30, 2002 Page 4 of 6 www.fire.state.mn.us Questions: firecode@state.mn.us ~G Background on Fireworks Statutory Requirements Requirements for fireworks can be broken down into two broad categories: Display fireworks -1.3G (old name was special or class B fireworks) are the large fireworks used by trained and licensed operators and are typical of what you would see presented each evening at the Taste of Minnesota or at the Minnesota State Fair. Possession and use of these display fireworks by state certified operators is covered under Minn. Stat. 624, and is not impacted by the recent law change. Consumer fireworks -1.4G (old name was common or class C fireworks) are small fireworks intended for public use. Prior to April 30, 2002, Minnesota Statute 624.21 prohibited all forms of consumer fireworks except for toy pistols and caps. The recent law change has added an additional exception to this statute: (c) The term also does not include wire or wood sparklers of not more than 100 grams of mixture per ifem, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, snakes and glowworms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is not permitted on public property. • This paragraph does not authorize the purchase of items listed in it by persons.. younger than 18 years of age. The age of a purchaser of items listed in this paragraph must be verified by photographic identification. Thus, the items listed in (c) above are no longer considered "fireworks" for purposes of Minnesota Statute 624.20 and 624.21 and no longer require use only by state certified operators. This allows the public to use these fireworks without a permit and without a certified operator. Fireworks not included in this new language still fall under the requirements for a permit and certified operator. All consumer fireworks sold in the US must meet the requirements of the three main federal government agencies that control fireworks: (1) The Consumer Product Safetv Commission in 16 CFR 1500 and 16 CFR 1507 provides standards for the safe construction, labeling and performance of fireworks (i.e. prevention of accidental ignition or tipping during use). The CPSC also enforces a list of prohibited fireworks such as M-80's and others. (2) The Department of Transportation 49 CFR 170-173 defines consumer 1.4G fireworks and contains requirements for transportation, labeling and shipment of fireworks. The DOT adopts by reference American Pyrotechnics Association (APA) Standard 87-1 Standard. for Construction and Approval For Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics. This is the main document that defines different types of fireworks, their allowable composition (weight of chemical composition) and construction. (3) Finally, the Bureau of Alcohol Tobacco and Firearms enforces requirements relating to the explosives nature of fireworks [27 CFR 55], such as separation distances for storage and manufacturing. • State Fire Marshal Fireworks Fact Sheet April 30, 2002 Page 5 of 6 www.fire.state.mn.us Questions: firecode@state.mn.us ~1 Information for retailers of fireworks Here is a summary of information relating to retail sale of fireworks in Minnesota: Retailers should check with the local governmental entity where sales are contemplated for any additional requirements that may apply (i.e. business licenses, zoning or permits). No permit or license is necessary from the State Fire Marshal Division for sale, . possession or use of fireworks exempted from Minnesota Statute 624.20, although one my be required locally. • Strict adherence to state fireworks laws, especially Minn. Stat. 624.20 (c), is encouraged and expected. • Operating outside the exception provided by Minn. Stat 624.20 (c) for sale, possession and use of fireworks is addressed in the criminal statutes of Minn. Stat. 624.20 to 624.25. According to Minn. Stat. 624.25, violations are addressed as follows: Any person violating the provisions of sections 624.20 to 624.24 maybe sentenced as follows: 1. if the violation involves explosive fireworks in an amount of 35 pounds gross container weight or more, to imprisonment for not more than one year, or to payment of a fine of not more Phan $3,000, or both; 2. if the violation involves explosive fireworks in an amount of less than 35 pounds gross container weight, to imprisonment for not more than 90 days, or to payment of a fine of not more Phan $700, or both; and 3. if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both. • Purchasers of legal fireworks must be at least 18 years old. Minn. Stat. 624.20 (c) requires that retailers verify age though presentation of photographic identification by the purchaser. • The Minnesota Uniform Fire Code is adopted statewide and has provisions relating to fireworks. Retailers are encouraged to be familiar with the requirements in the Fire Code since they apply to legal fireworks. • Smoking is not allowed in areas used for retail sale or storage of fireworks [reference: MUFC (1998) Section 1109.4.1]. • There are no provisions in the new language of Minn. Stat. 624.20 (c) that limit or prohibit advertising or mail order sales for legal fireworks. Permitted advertising and mail order sales, however, are limited to fireworks legalized by Minn. Stat. 624.20 (c) since other fireworks are still not legal for personal sale, possession or use. • State Fire Marshal Fireworks Fact Sheet April 30, 2002 Page 6 of 6 www.fire.state.mn.us Questions: firecode@state.mn.us a8 Minnesota Statutes 2002, 624.22 Page 1 of 4 Mimzesota Statutes 2002, Table of Chapters • Table of contents for Chapter 624 624.22 Fireworks displays; permit; operator certification. Subdivision 1. General requirements; permit; investigation; fee. (a) Sections 624.20 to 624.25 do not prohibit the supervised display of fireworks by a statutory or home rule charter city, fair association, amusement park, or other organization, except that: (1) a fireworks display may be conducted only when supervised by an operator certified by the state fire marshal; and - (2) a fireworks display must either be given by a municipality or fair association within its own limits, or by any other organization, whether public or private, only after a permit for the display has first been secured. (b) An application for a permit must be made in writing to the municipal clerk at least 15 days in advance of the date of the display and must list the name of an operator who is certified by the state fire marshal and will supervise the display. The application must be promptly referred to the chief of the fire department, who shall make an investigation to determine whether the operator of the display is competent and is certified by the state fire marshal, and whether the display is of such a character and is to be so located, discharged, or fired that it will not be hazardous to property or endanger any person. The fire chief shall report the results of this investigation to the clerk. If the fire chief reports that the operator is certified, that in the chief's opinion the operator is competent, and that the fireworks display as planned will conform to the safety guidelines of the state fire marshal provided for in paragraph (e), the clerk shall issue a permit for the display when the applicant pays a permit fee. (c) When the supervised fireworks display for which a permit is sought is to be held outside the limits of an incorporated municipality, the application must be made to the county auditor, and the auditor shall perform duties imposed by sections 624.20 to 624.25 upon the clerk of the municipality. When an application is made to the auditor, the county sheriff shall perform the duties imposed on the fire chief of the municipality by sections 624.20 to 624.25. (d) After a permit has been granted, sales, possession, use and distribution of fireworks for a display are lawful for that purpose only. A permit is not transferable. (e) The state fire marshal shall adopt and disseminate to political subdivisions rules establishing guidelines on • fireworks display safety that are consistent with sections 624.20 to 624.25 and the most recent editions of the Minnesota Uniform Fire Code and the National Fire Protection Association Minnesota Statutes 2002, 624.22 Standards, to insure that fireworks displays are given safely. In the guidelines, the state fire marshal shall allow political subdivisions to exempt the use of relatively safe fireworks for • theatrical special effects, ceremonial occasions, and other limited purposes, as determined by the state fire marshal. Subd. 2. Operator certification requirements. (a) An applicant to be a supervising operator of a fireworks display shall meet the requirements of this subdivision before the applicant is certified by the state fire marshal. (b) An applicant must be at least 21 years old. • i• (c) An applicant must have completed a written examination, administered or approved by the state fire marshal, and achieved a passing score of at least 70 percent. The state fire marshal must be satisfied that achieving a passing score on the examination satisfactorily demonstrates the applicant's knowledge of statutes, codes, and nationally recognized standards concerning safe practices for the discharge and display of fireworks. (d) An applicant shall apply in writing to the state fire marshal by completing and signing an application form provided by the state fire marshal. (e) An applicant shall submit evidence of experience, which must include active participation as an assistant or operator in the performance of at least five fireworks displays, at least one of which must have occurred in the current or preceding year. Subd. 3. Certification application; fee. An applicant shall submit a completed initial application form including references and evidence of experience and successful completion of the written examination. Applicants shall pay a certification fee of $100 to the state fire marshal division of the department of public safety. The state fire marshal shall review the application and send to the applicant written confirmation or denial of certification within 30 days of receipt of the application. Certification is valid for a period of four years from the date of issuance. Subd. 4. Classification. When an applicant has met the requirements of subdivisions 2 and 3, the state fire marshal shall certify and classify the operator for supervising proximate audience displays, including indoor fireworks displays, for supervising traditional outdoor fireworks displays, or for supervising both types of displays, based on the operator's documented experience. Subd. 5. Responsibilities of operator. The operator is responsible for ensuring the fireworks display is organized and operated in accordance with the state fire marshal's guidelines described in subdivision 1. Subd. 6. Reports. (a) The certified operator shall submit a written report to the state fire marshal within ten days following a fireworks display conducted by the operator if any of the following occurred: Page2of4 30 Minnesota Statutes 2002, 624.22 (1) an injury to any person resulting from the display of fireworks; (2) a fire or damage to property resulting from the display of fireworks; or (3) an unsafe or defective pyrotechnic product or equipment was used or observed. (b) The certified operator shall submit a written report to the state fire marshal within 30 days following any other fireworks displays supervised by the operator. (c) The state fire marshal may require other information from operators relating to fireworks displays. Subd. 7. Operator certification renewal. An applicant shall submit a completed renewal application form. prepared and provided by the state fire marshal, which must include at least the dates, locations, and authorities issuing the permits for at least three fireworks displays participated in or supervised by the applicant and conducted during the past four years. An applicant shall pay a certification renewal fee of $100 to the state fire marshal division of the department of public safety. The state fire marshal shall review the application and send to the applicant written confirmation or denial of certification renewal within 30 days of receipt of the application. Certification is valid for a period of four years from the date of issuance. • Subd. 8. Suspension, revocation, or refusal to renew certification. The state fire marshal may suspend, revoke, or refuse to renew certification of an operator if the operator has: (1) submitted a fraudulent application; i• (2) caused or permitted a fire or safety hazard to exist or occur during the storage, transportation, handling, preparation, or use of fireworks; (3) conducted a display of fireworks without receipt of a permit required by the state or a political subdivision; (4) conducted a display of fireworks with assistants who were not at least l8 years of age, properly instructed, and continually supervised; or (5) otherwise failed to comply with any federal or state law or regulation, or the guidelines, relating to fireworks. Subd. 9. Database. The commissioner of public safety shall maintain a database of the information required under this section for purposes of (1) law enforcement, (2) investigative inquiries made under subdivision 1, and (3) the accumulation and statistical analysis of information relative to fireworks displays. HIST: 1941 c 125 s 3; 1973 c 123 art 5 s 7; 1985 c 248 s 70; 1986 c 444; 1995 c 226 art 4 s 23; 1997 c 187 art 1 s 23 Page 3 of 4 31 Minnesota Statutes 2002, 624.22 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. • • :] Page 4 of 4 igg7 UNIFORM FIRE CODE 7802.4.4.4 I ARTICLE 713 - F!~EW©~FCS ~ON® PY~t®3EC1-INIC SPEIrIAL EFFECTS MATERI~IL ~~,.L ~ECTION 7801 - GENERA!. 7802.3 Prohibition. The storage, use and handling of fireworks are prohibited. 7801.1 Scope. Fireworks and temporary storage, use and han- dling of pyrotechnic special effects material used in motion pic- tures, television, and theatrical and group entertainment productions shall be in accordance with Article 78. 7801.2 Definitions. 7801.2.1 General. For the definitions of AERIAL SHELL; BINARY EXPLOSIVE; BREAK (Aerial Shell); DESIGNATED LANDING AREA; EXPLOSIVE; EXPLOSIVE MATERIALS; FIREWORKS; FIREWORKS, 1.4G; FIREWORKS, 1.3G; FIXED GROUND PIECE; GROUND PIECE; HIGH EXPLO- SIVE; LOW EXPLOSIVE; MORTAR; PYROTECHNIC OPER- ATOR; PYROTECHNIC SPECIAL EFFECTS MATERIAL; READY BOX; and SAFETY CAP, see Article 2. 7801 ?.2 Limited application. For the purpose of Article 78, certain terms are defined as follows: DISPLAY is an outdoor display of aerial shells or ground dis- play pieces. TEMPORARY STORAGE is storage of pyrotechnic special effects material on site for a period of time of 72 hours or less. 7801.3 Permits. 7801.3.1 Fireworks. • 7801.3.1.1 Manufacturing. The manufacturing of fireworks is prohibited except under special permits as required by local and state regulations. See Section 105, Permit e.l. [. 7801.3.1.2 Displays. Permits are required to conduct a fire- works display. See Section 105, Permit f.2. Permit application shall be made not less than 14 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of build- ings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstruc- tions. At the time of permit application, the chief shall be con- sulted regarding requirements for standby fire apparatus. 7801.3 ~ Pyrotechnic special effects material. A permit is re- quired to manufacture, compound, store or use pyrotechnic spe- cial effects material. A permit for use shall be granted only to a pyrotechnic operator. See Section 105, Permit p.3. ~..- ~P~PL-i~wr-r-~n~ To ~t,2t ~tt.s.tF SECTION 7802 -FIREWORKS 7802.1 General. Storage, use and handling of fireworks shall be in accordance with Section 7802. EXCEPTIONS: ].. The use of fireworks by railroads or other transportation agencies for signaling or illumination. 2. The sale or use of blank cartridges for theatrics, signaling or ceremonial purposes. 3. The use of fireworks by the United States Armed Forces. 7802 ? Seizure of Fireworks. The chief is authorized to seize., take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or he]d in violation of Article 78. EXCEPTIONS: 1. Storage and handling of fireworks are allowed as required for explosives in Article 77. 2. The use of fireworks for display is allowed as set forth in Sec- tion 7802.4. i° `-' ~¢U2 ~~1L~ TABLE 7802.3-A-MINIMUM MORTAR SEPARATION DISTANCES r ~~~ MORTAR DIAMETER (inches) MINIMUM SEPARATION FROM SPECTATOR VIEWING AREAS, VEHICLES AND BUILDINGS (feet) x 25.4 for mm x 0.3048 for m less than 3 140 3 210 4 280 5 350 6 420 7 490 8 560 10 700 12 840 a eater than 12 Approved 7802.4 Displays. 7802.4.1 General. Fireworks displays shall be in accordance with Section 7802.4. Only fireworks 1.4G (Class C Common) and fireworks 1.3G (special fireworks) are allowed to be used. When fireworks 1.3G (special fireworks) are used, see Section 7703. 7802.4.2 Pyrotechnic operator. Fireworks display operations shall be under the direct supervision of a pyrotechnic operator. The pyrotechnic operator shall be responsible for all aspects of a display related to pyrotechnics. 7802.4.3 Bond. The petTnittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the chief for the payment of damages which could be caused either to a person or persons or to property by reason of the permitted display and aris- ing from acts of the permtttee, agents, employees or subcontrac- tors. 7802.4.4 Mortars for aerial shell displays. 7802.4.4.1 Site criteria. Mortars for aerial displays shall be sep- arated from spectator viewing areas, vehicles and buildings as set forth in Table 7802.3-A. EXCEPTION: The chief is authorized to modify separation dis- tance requirements based on characteristics of specific sites. The designated landing area shall be an approved large, clear, open area. Spectators, vehicles and combustible materials shall not be allowed within the designated landing area. The designated landing area shall not be within 100 feet (30 480 mm) of tents, ca- nopies and membrane structures. 7802.4.4 ~ Construction. Mortars shall be approved for use with the aerial shells to be fired. Mortars shall be constructed of heavy cardboard, paper or metal other than cast iron. 7802.4.4.3 Inspection. Prior to placement, mortars shall be in- spected for defects such as dents, bent ends, damaged interiors and damaged plugs. Mortars found to be defective shall not be used. 7802.4.4.4 Positioning. Mortars shall be positioned so that aeri- al shells are directed over the designated landing area and away from ground pieces. Mortars shall not be angled toward spectator viewing areas. 1-159 7802.4.4.4 7802.4.9.5 The trajectory of aerial shells shall be an•anged such that a mini- mum clearance of 25 feet (7620 mm) is maintained from potential obstructions. Seamed metal mortars shall be placed such that the seam of a mortar faces to the side rather than to the top or bottom. 7802.4.4.5 Securing. Mortars shall be buried to a depth of not less than two thirds of their length, either in the Around or in above- ground troughs or drums. In soft ground, wood not less than ? in- ches (50.8 mm) nominal thickness or rock slabs shall be placed beneath mortars which will be used more than once to prevent their sinking or being driven into the ground during firing. EXCEPTION: Approved securely positioned mortar racks are al- lowed for the firing of single-break shells 6 inches (152.4 mm) or less in diameter. 7802.4.4.6 Mortar separation. Mortars that are buried in the ground, in troughs or in drums shall be separated from adjacent mortars by a distance equal to or greater than the diameter of the mortar. EXCEPTION: Electrically fired mortars. • i• 7802.4.4.7 Moisture protection. In damp ground, a weatlfer-re- sistant bag shall be placed under the bottoms of mortars prior to placement in the ground to protect mortazs from moisture. Weath- er-resistant bags shall be placed over the open end of mortars in damp weather to keep moisture from accumulating on the inside surface of mortars. 7802.4.4.8 Ground burst protection. Sand bags, dirt boxes or other suitable protection shall be placed azound mortazs on the up- range side to protect the operator from ground bursts. 7802.4.4.9 Paper mortars. 7802.4.4.9.1 Convolute. Paper mortars constructed of convo- lute wound paper shall be approved for the size aerial shells being discharged having a maximum double break. 7802.4.4.9.2 Spiral wound. Spiral-wound paper mortars shall not be used for greater than 3-inch (76.2 mm) diameter aerial shells with a maximum double break. 7802.4.4.10 Grouping mortars. Mortars of the same diameter, which are to be reloaded during a display, shall be grouped togeth- er such that various sizes are not intermixed. Groups shall be sepa- rated. 7802.4.4.11 Loose gravel and rocks. Loose gravel, rocks and other loose solid objects shall be removed from the area around mortars to prevent such materials from being thrown from sround bursts during firing. V 7802.4.4.12 Cleaning tool. When mortars are to be fired more than once during a display, a cleaning tool shall be available for the cleaning of debris from mortars as necessary. For metal mortars, the tool shall be nonsparking. 7802.4.5 Ground pieces. 7802.4.5.1 Location. Ground pieces shall be located not less than 150 feet (45 720 mm) from spectators and vehicles: not less than 100 feet (30 480 mm) from tents, canopies or membrane structures; not less than 100 feet (30 480 mm) from mortars; and outside of the designated landing area. EXCEPTIONS: 1. Fixed ground pieces are allowed not less than 7~ feet ('_'2 2160 mml from spectators and vehicles. 3. Electrically fired ground pieces are allowed in the desi~?nated landine area. 7802.4.5? Combustibles. The area beneath ;,round pieces shall be tree of dr_y grass and combustibles. -~ so 1997 UNIFORM FIRE CODE 7802.4.5.3 Securing. Poles for ground pieces shall be securely placed and braced. 7802.4.6 Electrical fire units. 7802.4.6.1 General. Electrical firing units shall be in accord- ance with Section 7802.4.6. 7802.4.6.2 Wiring. Electrical wiring associated with an electri- cal firing unit shall be prevented from contacting metal objects in contact with the ground. 7802.4.6.3 Power supply. AC-powered electrical firms units shall be isolated from the power source using an isolation trans- former. 7802.4.6.4 Security. Electrical firing units shall require opera- tion of akey-operated switch or other similar device to prevent un- authorized operation. EXCEPTION: Hand-held electrical firing units connected to fire- works only during a display. 7802.4.6.5 Manually activated firing units. Manually acti- vated electrical firing units shall require two or more distinct ac- tions to apply electric current to an electric match. 7802.4.6.6 Automatic-firing units. Automatic-sequencing- type electrical firing units shall include a momentary contact switch which must be held to cause application of current to an electric match and which will immediately disconnect current to all electric matches upon release. 7802.4.6.7 Testing of firing circuits. The pyrotechnic operator shall ensure that personnel are kept at a safe distance from fire- works which are connected to electrical firing units during testing. Electrical firing units with integral test circuits shall be designed to limit the maximum current output during a test to 0.05 ampere or to 20 percent of the no-fire current of electric matches, which- ever is less. Multitesters shall not be used for testing unless the maximum current output has been measured and determined not to exceed the current output limits for integral test circuits. 7802.4.7 Inspection. Fireworks shall be inspected upon deliv- ery to the display site by the pyrotechnic operator. Aerial shells having tears, leaks or broken fuses or showing signs of having been wet shall be properly disposed of. 7802.4.8 Supervision. Fireworks shall not be left unattended or allowed to become wet at the display site. 7802.4.9 Display operation. 7802.4.9.1 General. Display operation shall be in accordance with Section 7802.4.9. 7802.4 Q.2 Fire protection. When required by the chief, the py- rotechnic operator shall provide portable fire extinguishers for the discharge area and arrange for standby fire apparatus for protec- tion down range. 7802.4.9.3 Monitors. The pyrotechnic operator shall employ monitors whose sole duty shall be the enforcement of crowd con- trol around the display area. Unauthorized persons shall not be al- lowed to enter the discharge site until the site has been inspected after the display by the pyrotechnic operator. 7802.4.9.4 Barriers. The chief is authorized to require rope bar- riers, fences, signs or other devices to be installed au•ound the dis- play area to aid in crowd control 7802.4.9.5 Display discontinued. If the chief or the pyrrotechntc operator detemlines that there is a lack of crowd control or that the crowd is in danger, the display shall be immediately discontinued [f at any time hi~~h ~•vinds or wet weather creates a iian~er. the dis- 3 1997 UNIFORM FIRE CODE play shall be postponed until weather conditions are acceptable to the chief. • 7802.4.9.6 Illumination. Display operators shall use only flash- lights or electric lighting for illumination. 7802.4.9.7 Smoking and open flames. Smoking and use of open flames are prohibited in the aerial shell storage area. NO SMOHING OR OPEN FLAME signs shall be conspicuously posted. 7802.4.9.8 Aerial shells. 7802.4.9.8.1 General. Aerial shell operations shall be in ac- cordance with Section 7802.4.9.8. 7802.4.9.8 ? Ready boxes. Ready boxes shall be located not less than 25 feet (7620 mm) in an upwind direction from mortars. 7802.4.9.8.3 T~•ansporting. Aerial shells shall be carried to mortars by the shell body. For the purpose of loading mortars; aeri- al shells shall be held by the thick portion of the fuse and carefully lowered into mortars. 7802.4.9.8.4 Proper fit. Aerial shells shall be checked for prop- er fit in mortars prior to discharge. The pyrotechnic operator shall inspect all aerial shells to be certain that they are properly seated in mortars prior to firing. Aerial shells that do not fit properly shall not be fired. .7802.4.9.8.5 Safety cap. The safety cap protecting a fuse shall not be removed until immediately before an aerial shell is to be • fired. 7802.4.9.8.6 Ignition. Aerial shells shall be ignited by lighting the tips of fuses with a fuse, torch, portfire, electrical ignition source or similar device. Operators shall not place any part of their bodies over the throat of a mortar. 7802.4.9.8.7 TYajectory. The first aerial shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the aerial shell will function over and debris will drop into the designated landing area. Mortars shall be reangled or reset if necessary at any time during the dis- play to properly maintain trajectories over the designated landing area. 7802.1.9.8.3 Defective aerial shells. If an aerial shell fails to i Hite in a mortar, the mortar shall be left alone for a minimum of 15 minutes, then carefully flooded with water. Immediately follow- ing the display, and not less than ~ minutes after flooding the mor- tar, the mortar shall be emptied into a bucket of water and properly disposed of. Damaged aerial shells shall not be repaired or dis- mantled. 7802.4.9.8.9 Range inspection. The entire firing range shall be inspected immediately following a display and prior to allowing public access for the purpose of locating unexploded aerial shells. Such shells shall not be handled within 75 minutes of their firing. Such shells shall then be doused with water. allowed to stand for not less than 5 minutes and placed in a bucket of water. I • When the firing range cannot be thoroughly inspected due to darkness, the site shall be reinspected the following morning. 7802.4.9.810 Record. The pyrotechnic operator 5ha11 keep a record of aerial shells that fail to i~~nite or fail to function. 7802.4.9.5 7803.4.5 SECTION 7803 -PYROTECHNIC SPECIAL EFFECTS MATERIAL 7803.1 General. Temporary storage, use and handling of pyro- technic special effects material used in motion picture, television, theatrical and group entertainment productions shall be in accord- ance with Section 7803. Permanent storage of pyrotechnic special effects material shall be in accordance with Article 77. 7803.2 Classification of iVlaterials. Pyrotechnic special effects material shall be classified in accordance with DOT regulations and procedures. See Appendix VI-F. EYCEPTION: Pyrotechnic special effects material which is manufactured on-site and which is in storage or use need not be classi- fied. 7803.3 Construction of 1VIagazines. Magazines used for the storage of pyrotechnic special effects material shall be constructed in accordance with Section 7702.3. 7803.4 Storage. 7803.4.1 Fireworks 1.4G. Fireworks 1.4G (Class C common' fireworks) shall be stored in accordance with the requirements for low explosives in Article 77. 7803.4.2 Other pyrotechnic special effects material. 7803.4.2.1 General. Storage of pyrotechnic special effects ma- terial other than fireworks 1.4G (Class C common fireworks) shall be in accordance with the requirements of Sections 7702 and 7803.4.2. Containers of explosive materials shall be closed when stored. 7803.4.2.2 Storage magazines. 7803.4.2.2.1 Within buildings. Explosives stored within a building shall not exceed 50 pounds (22.7 kg). Low explosives stored within a building shall be stored in a Type 2 or 4 magazine. High explosives shall be stored in a Type 2 magazine. Detonators shall be stored in a separate Type 2 magazine. 7803.4:L.2.2 Outside of buildings. Pyrotechnic special effects material which is to be stored outdoors shall be stored in a Type 2 or 4 magazine. Pyrotechnic special effects material which is clas- sified as a high explosive, including detonating cord and detona- tors that will mass detonate, such as fuse caps, shall be stored in a Type 2 magazine. When a Type 4 magazine is used for outdoor storage, such stor- age shall be in a constantly attended location or, if unattended, shall have wheels removed or the magazine immobilized by king- pin locking devices or by other approved security measures. Wlien a quantity in excess of 50 pounds (22.7 kg) of explosive materials is stored outside of a building, such storage shall be located in ac- cordance with nationally recognized standards. See Appendix VI-F. 7803.4.3 Storage against walls. Explosive materials within a magazine shall not be placed directly against interior walls and shall not interfere with ventilation. To prevent contact of stored explosive materials with walls, a nonsparking lattice-work or oth- er nonsparking material is allowed to be used. 7803.•1.4 Marking of containers. Containers of explosive ma- terials shall be stored such that identifying marks are visible. Stocks of explosive materials shall he stored so they can be easily counted and checked upon inspection. 7803.-1.~ Unpacking and repacking containers. Containers of explosive materials shall not be unpacked ur repacked inside a magazine or within 50 feet (15 24t) mm) of a magazine, and shall not be unpacked ur repacked close to other explosive materials. 1-161 7803.4.5 7803.9 EYCEP'TION: Unpacking and repacking of fiberboard and other nonmetallic containers. 7803.3.6 Tools. Tools used for opening or closing containers of explosive materials shall be of nonsparking materials. A wood wedge and a fiber, rubber or wooden mallet shall be used for open- ing or closing wood containers of explosive ,materials. Metal tools; other than nonsparking transfer conveyors, shall not be stored in magazines containing high explosives. EICEPTION: Metal slitters are allowed to be used for opening fi- berboard containers. 7803.E Smoking and Open Flames. Controls on smoking and open flames shall be in accordance with Sections 7702.1.1~i, 7703.1.1 and 7703.1.x. 7803.6 Housekeeping. Housekeeping shall be in accordance with Article 77. 7803.7 Pyrotechnic Operators. A pyrotechnic operator shall obtain required permits and be responsible for notifying the chief prior to using the pyrotechnic special effects material. The pyro- technic operator shall have the authority and responsibility for the storage, use and handling of the pyrotechnic special effects mate- rial. The authority of the pyrotechnic operator sffall not be as- sumed by anyone and shall be superseded only by the chief. 7803.8 Use of Pyrotechnic Special Effects Material. 7803.8.1 General precautions. 7803.8.1.1 Demonstration and approval. When required by the chief, a test shall be conducted to demonstrate the safe use of pyrotechnic special effects material prior to normal use. The use of pyrotechnic special effects material shall be ap- ~roved by the pyrotechnic operator in charge. • 1-y62 1997 UNIFORM FIRE CODE 7803.8.1.? Preparation. The company or prciducer shall allo- cate sufficient time to the pyrotechnic operator to prepare for the transportation, packing, storing and daily securing, and to dispose of or otherwise handle pyrotechnic special effects material in a safe manner. 7803.8.1.3 Crorvd control. Onlookers shall be kept at a safe dis- tance from the area where the pyrotechnic special effects material is discharged and so restrained until the area is cleared. 7803.8..2 Smoke control. When pyrotechnic special effects material is fired within a building; the quantity of smoke devel- oped shall not obscure the visibility of exit signs or paths of egress travel. The maximum density of smoke shall be approved, and the py- rotechnic operator shall ensure that the maximum density is not exceeded. When required by the chief, provisions shall be made to confine smoke generated by pyrotechnic special effects material to an ap- proved area and to remove such smoke from the building. 7803.8.3 Binary explosives. When binary explosives are used, the compounding and firing shall be performed by a pyrotechnic operator. Firing shall be subject to the conditions described in the permit. 7803.8.4 Surplus materials. Surplus materials shall be proper- ly stored until it can be disposed of in a safe manner. 7803.9 Standby Personnel and Equipment. When necessary for the preservation of life or property, the chief is authorized to require the attendance of standby personnel and fire equipment as set forth in Section 201.18. 0 i ~. t +'k Subp. 5. Sec. 105.3. Sec. 105.3 of the Uniform Fire Code is amended to read: • 105.3 Application for Permit. All applications for a permit required by this code shall be made to the chief in such form and detail as required by the chief. Applications for permits shall be accompanied by such plans as required by the chief. Subp. 6. Sec. 105.8. Sec. 105.8 of the Uniform Fire Code is deleted and replaced with the followins: 105.8 Permit Required. When required by the chief, a permit shall be obtained prior to engajing in any activities, operations, practices or functions listed in this section. • i• Minnesota Fire Safety Amendments page 1-4a 3~ POLICY ITEM: G-3 3/12/03 ITEM: Consideration of a Contract with the North Suburban Communications Commission (NSAC) to Provide Web-Streaming Services SUBMITTED BY: Heather Worthington, City Administrator EXPLANATION: Summary: Last year, the CTV (NSAC) began offering web streaming and channel programming services to cities and school districts. This service will be billed quarterly at a rate of $163.69 per month when franchise fee checks are issued. The city can continue with this service, or opt out at this time. This service plays back the bi-weekly City Council meetings on the Internet, allowing residents and others with access to the Internet to view the meetings online. Meetings will also continue to be broadcast on Channel 16, independently from this service. ATTACHMENT: • Letter from Coralie Wilson, Executive Director of NSAC ACTION REQUESTED: • Discussion • Consideration of the contract i• 3S ~t, J North `1 Suburban ~ ~ Communications Tr~ Commission Heather Worthington, City Administrator City of Falcon Heights 2077 W. Larpenteur Avenue Falcon Heights, MN 55113 Dear Heather: a32o03 February 27, 2003 x!15 At the end of last year, CTV (NSAC) began to formally offer web streaming and channel programming services to our cities and school districts. The monthly fee for this service is $163.69, for which we will invoice the city on a quarterly basis at the time we forward your franchise fee check. The service includes the following:. 1 . CTV will encode (i.e., record) any meetings you televise live from city hall and cablecast them live on Channel 16, replaying them later in accordance with the city's schedule. 2. CTV will cablecast on Channel 16 any other programming provided by the city in accordance with the city's schedule. 3. The city meetings will be linked with agenda items, based on timing provided by the city producer or staff, and posted to the city°s web site. 4. If the city desires, CTV will archive the meetings on DVD for future reference. City must pay the cost of the DVD's. (Current prices for DVD's are between 525 and 530, and the can be used to record approximately 8 hours of programming.) 5. CTV will have a master control operator on duty Monday through Thursday from 3 p.m. until 1 1 p.m. or until the end of the last live event that evening. On Fridays, the master control operator will work from noon until 9 p.m. [: Arden Hills Falcon Heights Lauderdale Little Cannda Mounds Vew New Brighton North Oaks Roseville St. Anthony Shorevi Web Streaming/Programming February 27, 2003 Page 2. If you wish to use this service, please complete the form at the bottom of the page and send it to me. Feel free to cal me or Pat Cook if you have any questions about the service. Sincere) ~~ Coralie A. Wilson Executive Director CJ YES, the City of wants CTV/North Suburban Access Corporation to provide web streaming and channel programming services for our channel. City Administrator Contact for programming schedule Telephone # e-mail Date • Mail to Coralie A. Wilson, CTV/NSAC, 950 Woodhill Drive, Roseville, MN 551 13 or fax to 651-482-1262. Uo GOVERNMENTAL ACCOUNTING STANDARDS BOARD ~:~r-~~~ 401 Merritt 7, P.O. Box 5116, Norwalk, Connecticut 06856-5116 / 203-847-0700 ext. 20D ` • Fax: 203-849-9714 TOM L. ALLEN Chairman Mazch 3, 2003 Ms. Sue Gehrz, Mayor City of Falcon Heights 2077 W. Larpenteur Avenue Falcon Heights, MN 55113-5594 Dear Mayor Gehrz: We recently received a copy of the City of Falcon Heights comprehensive annual financial report for the fiscal year ended December 31, 2001. Your city's eazly implementation of GASB Statement No. 34, Basic Financial Statements-and Management's Discussion and Analysis- for State and Local Governments, is commendable and I want to recognize your efforts. As you know, the Governmental Accounting Standards Board (GASB) seeks to improve financial reporting in a number of ways. The GASB believes that implementation of Statement 34 results in improvements in reporting cost-of-services information and the overall financial position of the government to taxpayers, governing boards, and other financial statement users. Therefore, we encourage early implementation so that this information will be available to those users on a more timely basis. We are extremely pleased, and impressed, by your city's ability to prepare the new financial statements in such a timely fashion. I was particulazly impressed with the city's reporting of all of its infrastructure well in advance of the required date for reporting existing infrastructure. Your eazly implementation is a tribute to your finance director Roland O.Olson; accounting intern Craig Stier; and your auditors Kern, DeWenter, Viere, Ltd., for their expertise and assistance to the city. I also want to commend you and the city's governing body for supporting the efforts to provide your citizens and other financial statement users with a more comprehensive reporting of the city's financial operations in advance of the effective date of the standazd. It is my hope that these users of your financial statements will recognize your efforts. I am sending a certificate to your finance department to display in recognition of their eazly-implementation efforts. Congratulations for a job well done. Sin ely, ~~~~~ Tom L. Allen • cc: Roland O.Olson Craig Stier Kern, DeWenter, Viere, Ltd. Tla/letters/s34/mn-gehrz-city of falcon heights.doc. ~ o a~ •ti M ~s~l ~ C/~ ~ ~~ 4~ o ~ o '~ ~ o . ~, .. ~ ~ O~ [ ~, ~ a ~ ~ ~ ~ w O ~ V O ~ ~ ~ ~ ~ ""' ~ •~°M~ ~ ~ ~ ~ ~'~ ~ o U ~ O ~ ~ ~ ~D' ~ c~ w ~ •~ o' ~ ~' .~. ,.,, . y ~ ~ ,~ a~ ,o '~ y p ~.i ~ d- ~ ~ ' ~ O M ~ ~ ~ U ~ ~ .~ y C~ ,~ ~ ~ ~~~~ ~ ~ ~.~ a ~~w~~ o ~ .o 'o ~ y O ~ ~ ~ ~, bu0 ~' Q,, ~--i G~ Cd ~ ~ N ~ ~ ~ ~ p v O rd r--~ a~ '~ ~ .~ ~ w ~ ~ ~. ~ •~ ~ ~ v 1J h w a U c~ CITY OF FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (651) 644-5050 FAX (651) 644-8675 March 12, 2003 Representative Alice Hausman 245 State Office Building 100 Constitution Avenue Saint Paul, Minnesota 55155-1206 Re: Wage freeze proposals Dear Alice: Our city council respectfully requests that you vehemently oppose the proposed wage freeze for city employees. The city council is held accountable by our voters for making all decisions about how to most effectively and efficiently manage the delivery of services within Falcon Heights. If the legislature and the governor decide to freeze the wages of public employees, they should limit that action only to state employees and allow local units of government to determine whether or not to do so. Each city council, held accountable by our local voters every two years, should maintain the authority to make spending decisions within the context of our local priorities and resources. Finance Commissioner McElroy has identified Falcon Heights as a model for fiscal management for Minnesota cities. Not only do we maximize limited resources by creative cost sharing contracts, but we also have assembled a highly efficient team of employees who we are striving to retain. In the 1990's, while many other cities were adding staff, we reduced our full time equivalents from 13.9 to 11.7. We have done this while increasing service levels in the areas of public works and communications. A mandated wage freeze puts us at great risk for losing key members of the team we have worked so hard to build. As a small city, our wages are already considerably lower than our larger neighboring suburbs. If the state removes our ability to give our employees any salary or benefit increases for the next two years, we will have no way of retaining key staff. I heard Representative Abrams say that he had been contacted by some city council members from some suburban cities who requested that the legislature help them out with union contract negotiations by mandating wage freezes for city, as well as state, • employees. All cities in Minnesota should not be penalized because a few city councils are not able or willing to exercise appropriate fiscal controls within their own jurisdiction. HOME OF THE MINNESOTA STATE FAIR AND THE U OF M ST. PAUL CAMPUS o ~ PRINTED ON RECYCLED PAPER TREE CITY USA Representative Alice Hausman March 12, 2003 -2- • We have accepted the fact that the legislature will be greatly reducing our LGA and MVHC. We hope that they will not add insult to injury by also taking away our ability to determine how to best continue to deliver essential services using our remaining fmancial resources. Thank you very much for your assistance on this very important issue. Sincerely, CITY OF FALCON HEIGHTS Susan L. Gehrz, Mayor Laura Kuettel, Council member Robert Lamb, Council member Peter Lindstrom, Council member Richard Talbot, Council member • • • CITY OF FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (651) 644-5050 FAX (651) 644-8675 March 12, 2003 Senator Ellen Anderson 120 Capitol 75 Constitution Avenue Saint Paul, Minnesota 55155-1206 Re: Wage freeze proposals Dear Ellen: Our city council respectfully requests that you vehemently oppose the proposed wage freeze for city employees. The city council is held accountable by our voters for making all decisions about how to • most effectively and efficiently manage the delivery of services within Falcon Heights. If the legislature and the governor decide to freeze the wages of public employees, they should limit that action only to state employees and allow local units of government to determine whether or not to do so. Each city council, held accountable by our local voters every two years, should maintain the authority to make spending decisions within the context of our local priorities and resources. Finance Commissioner McElroy has identified Falcon Heights as a model for fiscal management for Minnesota cities. Not only do we maximize limited resources by creative cost sharing contracts, but we also have assembled a highly efficient team of employees who we are striving to retain. In the 1990's, while many other cities were adding staff, we reduced our full time equivalents from 13.9 to 11.7. We have done this while increasing service levels in the areas of public works and communications. A mandated wage freeze puts us at great risk for losing key members of the team we have worked so hard to build. As a small city, our wages are already considerably lower than our larger neighboring suburbs. If the state removes our ability to give our employees any salary or benefit increases for the next two years, we will have no way of retaining key staff. I heard Representative Abrams say that he had been contacted by some city council members from some suburban cities who requested that the legislature help them out with union contract negotiations by mandating wage freezes for city, as well as state, • employees. All cities in Minnesota should not be penalized because a few city councils are not able or willing to exercise appropriate fiscal controls within their own jurisdiction. ....~ HOME OF THE MINNESOTA STATE FAIR AND THE U OF M ST. PAUL CAMPUS PRINTED ON RECYCLED PAPER TREE CITY USA Senator Ellen Anderson March 12, 2003 -2- We have accepted the fact that the legislature will be greatly reducing our LGA and MVHC. We hope that they will not add insult to injury by also taking away our ability to determine how to best continue to deliver essential services using our remaining financial resources. Thank you very much for your assistance on this very important issue. Sincerely, CITY OF FALCON HEIGHTS Susan L. Gehrz, Mayor Laura Kuettel, Council member Robert Lamb, Council member Peter Lindstrom, Council member Richard Talbot, Council member • • CITY OF FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (651) 644-5050 FAX (651) 644-8675 March 11, 2003 Ms. Beth Auncan 1753 Albert Street North Falcon Heights Minnesota 55113 Dear Beth: You have been nominated for the Neal Kwong Youth Citizenship Award sponsored by the City of Falcon Heights. That means that others have recognized your volunteer service, leadership skills, and citizenship in this community. . On Wednesday, March 26, from 7:00 to 7:30 PM, we plan to recognize you and the other award nominees and announce the recipient of the award. This will take place in the Council Chambers at City Hall as a special program on the agenda of our City Council meeting. We hope that your schedule allows you to participate in this exciting event which will be seen by many Falcon Heights residents on cable television. Each nominee will be asked to talk for two or three minutes about his or her volunteer experience. For example, what you have gained from volunteering or why you feel that, serving your community is important. Neal Kwong's brother, Alan, and sister, Laura, will be introducing you to the audience. This will be a great opportunity for your family and friends to take some photos of you sharing some of your thoughts with your community. Be sure and invite them to come. The name of the person selected as the Neal Kwong Youth Citizenship Award recipient for service in the year 2002 will be engraved on a beautiful permanent plaque in the lobby of City Hall. This is the second year of this annual award in Falcon Heights. Please let me know if you can or cannot come on March 26. You can do this by e-mailing me at s~elirz(a~attbi.com or by leaving a message forme at 651 644-5050. Congratulations on your nomination! I hope to see you on March 26. Sincerely, • Sue Gehrz Mayor HOME OF THE MINNESOTA STATE FAIR AND THE U OF M ST. PAUL CAMPUS . m --_ TREE®SA PRINTED ON RECYCLED PAPER CITY OF FALCON HEIGHTS 2 . LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (651) 644-5050 FAX (651) 644-8675 March 11, 2003 Ms. Karis Hustad 1825 Arona Avenue North Falcon Heights Minnesota 55113 Dear Karis: You have been nominated for the Neal Kwong Youth Citizenship Award sponsored by the City of Falcon Heights. That means that others have recognized your volunteer service, leadership skills, and citizenship in this community. On Wednesday, March 26, from 7:00 to 7:30 PM, we plan to recognize you and the other award nominees and announce the recipient of the award. This will take place in the Council Chambers at City Hall as a special program on the agenda of our City Council meeting. We hope that your schedule allows you to participate in this exciting event which will be seen by many Falcon Heights residents on cable television. Each nominee will be asked to talk for two or three minutes about his or her volunteer experience. For example, what you have gained from volunteering or why you feel that serving your community is important. Neal Kwong's brother, Alan, and sister, Laura, will be introducing you to the audience. This will be a great opportunity for your family and friends to take some photos of you sharing some of your thoughts with your community. Be sure and invite them to come. The name of the person selected as the Neal Kwong Youth Citizenship Award recipient for service in the year 2002 will be engraved on a beautiful permanent plaque in the lobby of City Hall. This is the second year of this annual award in Falcon Heights. Please let me know if you can or cannot come on March 26. You can do this by e-mailing me at s~ehrzt7a,attbi.com or by leaving a message forme at 651 644-5050. Congratulations on your nomination! I hope to see you on March 26. Sincerely, Sue Gehrz Mayor • HOME OF THE MINNESOTA STATE FAIR AND THE U OF M ST. PAUL CAMPUS ~~ PRINTED ON RECYCLED PAPER TREE CITV USA