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12/05/1983 - 5254STGN IN SHEET FOR THE CITY COUNCIL MEETING OF DECEMBER 5, 1983 '� � ''j°�q,•�.:� � �', v`�,.:�.,.iE �� .. i , -' �. ,f r� ^ �k� i�`;, � f.�-/�,': t l-Z -�'�` Y t v,� �.> -�� e G.� � ° , � Q' ,i � ` : a'� .! ...�,.�Ia ��/7✓.%' ' �- � /. �i. , ^ i. _� � � ��: ��' � ��+' ' � �` �-==G �; . ..../ � , ��,� �,��3''��'°�� ` % r `'� ` � ``� ./' ��} �: ;„�r . l.�''� .�1/L� �0 .,� ��. � � _��y'd ,��r..,... �e1,..4.��.j;...� �. t � r��p A`i I ,e� /' �:��+�JS'L�'` � ��i'�-� /1� � S � , Couneil Heeting, Deeember 5, 1983 , � �UBLIC HEARINGS: Page 2 Public Hearing on a Proposed Pro�ect and the ' Issuance of Approximately #9,90d�000 Industrlal Development Revenue Bonds {Integra-Built, II, Inc.) ..... 1- 1 A Public Hearing Opened at ?:�0 p.m. Closed at 8:35 p•m• (SEE ITEM N0. 13--Resalution No. 120-1983 adopted) • � , - Consideratian of Appointments to Energy Commiasion (Tabled 11/21/83) • • • • • • • • • • • • . • • • • • • • • • 2 ��TY MANA�EA--ACTION TAREN: Letter xrittea to sppliccant informing him af Council approval. item put back on agenda for consideration of remaining appointment Consideration of Second Reading of an Ordinance Adopting NeW Chapter 102 Entitled "Poliae" and Repealiag Old Chapter 102 of the Fridley Code in ita Entirety ....... 3- 3 � Ordinance No. ?91 adapted oa aecond reading �ITY MANAGER--ACTION TAK N: 4rdinance published in Fridley Sun Cons3deration of Second Reading Repealing Chapter 810 of the Fridle}r City Gode Entitled "Misdemeanars" Generally in its Entirety . . . . . . • • • • • • • • • ' ' ' ' ' ' ' ' � � Ordiaanee No. 792 adopted on second reading rTTV MANAGER--ACTZON TAKEN: Ordinanee Publiahed in Fridley Sun • ► • � i Conaideration of Second Reading of an Ordinance Recodifying Chapter 901 of the Fridley City Code Entitled *Penalties" by Amending Section 901.Q1 Eniitled General Provisions . . . . . . . . . • • • • • • • • 5 ' S � qrdlnance No. ?93 adopted on second reading ,�,ITY MANAGER--ACTION TAREH� Ordinance published ia Fridley Sun 0 Consideration of Second Reading of an Ordinance adopting a New Chapter 206 EnLitled "Building" and Repealing Old Chapter 205 of the Fridley City Code in its Entirety (First reading 7/25/83) . . . . . . . . . . . . . . . . . . . 6 - 6 X Ordinance No. ?9u adopted on second reading �,TTY MANAGER--ACTION TAREH: Ordinance published in Fridley Sun Consideration of Second Reading af an Ordinance Adopting a Nex Chapter 906 Entitled "Adoption of Code" snd Repealing Old Chapter 946 of tbe Fridley City Code in its Entirety . . . . . . . . . . . . . . . . . . . . . . . . ? - 7 B Ordinanee No. 795 adopted on second reading �TTY MANAGER--ACTION TARE : Ordinanee pub2isbed ia Fridley San �.F�I�i_�� N E S S : Receiving Charter Commission Minutes of October 20, 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 8 D MinuLes received � pDBL-IC VORRS--ACTION TAREK: Fited for future referenee NEW B��j.NESS (COyTI�UED� Receiving Draft Ordiaance of Re�rite cf Chapter 2t4, Siga Ordinance and refer it to the Planning Commisssion !or Review . . . . . . . . . . . . . . . . . . . . . . . . . 9 PUBL•IC WORKS--ACTION TABEN: Item on next Conference Meeting on January 16, t983 Consideration of a Resolution Approviag the Minnesota Department of Transportation Pre2lminary Layouts for Widening TH 65 BetWeen TH 694 and iiest Hoore Lake Drive ... 10 - 10 C Resolution No. 117-7g�3 adopted PtiBLTC WORKS--ACTION TAKEN: AppropriaLe parties notified Consideration of a Resolution Authorizing the Executian of the Six Cities ifatershed Nanagement Organization Joint Poxers Agreemeat AND Consideration of a Resolution kithdraWing An Area Within the City of Fridley From the Riee Creek �iatershed District and Plaeing it Within the Six . Citiea ilatershed HanagemenL Organization . . . . . . . . . . 11 - 1t S ResoluLion No. 116-1983 adopted Resolution No. 119-1983 adopLed PDBI�TC WORRS--ACTION TAREN: Agreement executed and forxarded to appropriate parties � , • � � • Conaideratioa of a Resolution Amending Hodification of FY 19g3 Community Development Block Grant Fuad and Jobs Bill 1983 Projects from Anoka Countq and the DepartmenL of Housing and IIrDan Development ....... 12 - 12 A Resolut3on No. 120-1983 adopted by a 4 to i vote E,�tBLTC YORRS--ACTI��1 TAREN: Amended Project and aent to County for County Action on 12/13/83 Consideration of a Resolution Giviag PreliIDinary Approval for a Commercial Facilities Development Project (Integra-Built, II� Inc.) . . . . . . . • • • • • • • �3 ' 13 D Resolution No. 121-1983 adopted ��NTRA1. SFRVTCE�__pCTION TARE�t: Integra-Built� II, Inc., has been informed of Council prelimfaary approval Consideration of a Resolutfon to Advertise for Bids ( Repair Work to Hell No. 11 ) . . . . . . . . . . . . . . . . 1 a - 14 B Resolution No. 122-1983 adopted � PUBL-IG i�OR�CS--ACTIOI� TAREN: Advertising tor Dids y I �_-._ 1 . Council Meeting, December Consideration of a Resolution Authorizing Signiag tbe Agreement Establishing �orking Coaditions, Wages and Houra of Police Officera ot the City of Fridley Police DeparLment for the Year 1983 . . . . . . . . . . . . . . . . 15 - 15 R Reaolutioa No. 123-1983 adopted pOLICE--ACTION TAREN: Agreement executed and filed for future reference 0 Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Approved C��ITRAL SERVICES--ACTION TAREN: Estimates Paid Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . 17 - 1? B Approved CENTRAL SERVICES--ACTION TA%E� Licenses Issued Est imates . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 - 1 8 C ,' Approved � �ENTRAL- SERVICES--ACTION TABENi Eatimates Paid ADJODRN: 9:12 P.N. ' . : . e 2 Public Hearing on a Proposed Project and the ' Issuance of Approximately $9,900,000 Industrial Development Revenue Bonds (Integra-Built, II, Inc.) ..... 1- 1 A • � � Consideration of Appointments to Energy Commission � (Tabled 11/21/83) . . . . . . . . . . . . . . . . . . . . . . 2 Consideration of Second Reading of an Ordinance Adopting New Chapter 102 Entitled "Police" and Repealing Old Chapter IO2 of the Fridley Code in its Entirety ....... 3- 3 C Consideration of Second Reading Repealing Chapter 810 of the Fridley City Code Entitled "Misdemeanors" Generally in its Entirety . . . . . . . . . . . . . . . . . . . . . . . 4 - 4 A • � � �� l �� Consideration of Second Reading of an Ordinance � Recodifying Chapter 901 of the Fridley City Code Entitled "Penalties" by Amending Section 901.01 Entitled General Provisions . . . . . . . . .• . . . . . . . . 5 - 5 A Consideration of Second Reading of an Ordinance adopting a New Chapter 206 Entitled "Building" and Repealing Old Chapter 206 of the Fridley City Code in its Entirety (First reading 7/25/83) . . . . . . . . . . . . . . . . . . . 6 - 6 X Consideration of Second Reading of an Ordinance Adopting a New Chapter 906 Entitled "Adoption of Code" and Repealing Old Chapter 906 of the Fridley City Code in its Entirety . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7 B ► . . , Receiving Charter Commission�Minutes of October 20, 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 8 D Decembe ► . . •, ► . Receiving Draft Ordinance of Rewrite of Chapter 214, Sign Ordinance and refer it to the Planning Commisssion for Review . . . . . . . . . . . . . . . . . . . . . . . . . 9 _ 'Consideration of a�Resolution Approving the•Minnesota Department of Transportation Preliminary Layouts for Widening TH 65 Between TH 694 and West Maore Lake Drive ... 10 - 10 C Consideration of a Resolution Authorizing the Execution of the Six Cities Watershed Management Organization Joint Powers Agreement AND Consideration of a Resolution Withdrawing An Area Within the City of Fridley From the Rice Creek Watershed District and Placing it Within the Six Cities Watershed Management Organization . . . . . . . . . . 11 - 11 S i � Council Meeting, December 5, 19�.i raye � ► ► •� -•� Consideration of a Resolution Amending Modification ' of FY 1983 Community Development Block Grant Fund and Jobs Bill 1983 Projects from Anoka County and , the Department of Housing and Urban Development ....... 12 - 12 A Consideration of a Resolution Giving Preliminary Approval for a Commercial Facilities Development Project (Integra-Built, II, Inc.) . . . . . . . . . . . . . . 13 - 13 D Consideration of a Resolution to Advertise for Bids (Repair Work to Well No. 11) . . . . . . . . . . . . . . . . 14 - 14 B � � Consideration of a Resolution Authorizing Signing the Agreement Establishing Working Conditions, Wages and Hours of Police Officers of the City of Fridley Police Department for the Year 1983 . . . . . . . . . . . . . . . . 15 - 15 R Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . 17 - 17 B Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . 18 - 18 C A _� � :► � 1.1 ��u iM • �.� :�r 1:: r� �I 1►. • M.1 ,�: 1� �1 41► !� 1►. � 1 ► U/�Y � �C Rhe Regular Meeting of the Fridley City Council was called to order at 7:40 p.m. by Mayor Nee. PT_F.tY;_F. l�F AT.T.FY;TATx_F.: Mayor Nee led the Council and audience in the Pled9e of Allegiance to the Flag. RALL CALd. • Nff2•ffiERS PRFSIIaT: Mayor Nee, Councilman Fitzpatrick, Councilman Hamernik, Councilman Schneider and Councilman Barnette IKEP�ERS ABSII�IT: None ; • • ;.��G • r ►� �yX�i � � !?yl: 71� ' : V �_ \. Councilman Fitzpatrick pointed out that on the bottom of Page 5, Item 7, the minutes did not show who made the motion and with what company the change order was made. MOTION by Councilman Fitzpatrick to approve the minutes, with the correction of the above on the bottan of Page 5. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the m�tion carried umanimously. �� :�I; •' u. � �. MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��• •� • ; ��u; Mayor Nee requested that two items regarding licenses for the sale of Q�rist�nas trees be ac3ded to the License item. MOTION by Councilman Schneider to adopt the agenda with the above additions. Seconded by Councilnan Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the m�tion carried unanimously. � • �� ' � � �� : Ms. Wynn Gubrud, 1445 North Danube Road, congratulated Mayor Nee and C�uncil.man Barnette on their re-election to the Council. She stated she is s�rtive and appreciative of the efforts Council and staff are making to prevent the location of a hazardous waste processing facility in the City. 0 �� 1�. ��!� ��. � �!�N+c�: �; � 1= .I_ � � ►. '.� a 1�� !�_i� �. �\ e ��y� � ��1� �\�� e.\ � i��• V� • 1 1 1 1 1 �I� i9C � � �L� � � �\1 : �1�� 1 _ :•_� �I� 1 �I�L�� ' : \+ �. MOTION by Counciln�an Fitzgatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:45 p.m. Mr. Ir�nan, City C1erk, stated this public hearing could be a companion public hearing, with the original industrial revenue bond request for Frank Shear and Associates, for construction of a printing plant. He stated this part of the industrial revenue bond is for purchase of equipment within the plant. He stated the total project, when completed, will add 100 new jobs and 550,000 of taxes. Council.rnan Hamernik questioned the total amount of the industrial revenue bond. Mr. Casserly, representing 0'�nnor and Hannan, stated the estimate is $4.4 million, however, this may be on the high side. He stated this particular bond issue will run for approximately 10 years. No persons in the audience spoke regarding the issuance of these industrial revenue bonds. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by CAUncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:47 p.m. �i � :_ �`iXZ� �� I:: •._ �_ _ : • :� ►+l►! �1.� �� I�NI�.I'f �� Y� : .'M� / MOTION by Councilman Barnette to table this item. Seconded by Councilman Hamernik. Upon a voice vote, all v�oting aye, Mayor Nee declared the motion carried unanimously. � �� i♦ \� ' 1 : \I� \. D1� • �L • 1 • 1 � �� • 1 • • y�l_ �►: ��y �. � � � • � � •� •\ M � + ' � � MOTION by Counci]man Schneider to waive the second reading of Ordinance No. 790 and adopt it upon second reading and order publication. Seconded by Cbunci].man Fitzpatrick. Councilman Schneider stated this is a com�romise worked out in discussion with the City Manager and approved by the Charter Conmission. t1P�N A ROLL CALL W'IE, all wted aye, and Mayor Nee declared the motion carried unanimously. �� J�. r� �YI►, • ►!�N_ �t1= �; ►�a. " �!- • ; c+ �� DI�: �► � �A �� . � :\ �� \�i\��_ :�� \ �� •e� � � �� y_ _�I� z� M ; ►u : ' � ►. • � �!. �'1Yi1; 1 • y. �: �� 7} �� y Mayor Nee stated this ordinance has the effect of comnitting resources from the sale of unclaimed property fram the P�lice Pension fl�nd to the General fvr►a. Mr. Irmtian, Gity Clerk, stated this issue was raised by a patrolman who is not in the Police pension. He stated the end result is whether the money from the sale of unclaimed property goes into the General Fund or Police Pension F�nd and the only one who benefits from the proceeds funding the Police pension is the city, as it reduces the amount the City must contribute to fund the pension. He further stated the amount paid to an officer out of the pension is established by statute and is not affected by the sources of funding. MOTION by Councilman Hamernik to waive the reading of the ordinance and approve it upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� \ �� \ � f f � � ►. � i ► � � � . \ i U. � � � �. �f i�s�� i � � y�� 1�f � ��i� . �\ .�� _i. � � f �\�_ � i \ '�\ � �y Mr. Herrick, City Attorney, stated, previously, it had been to the acivantage of the City, in some cases, to prosecute under an ordinance rather than a State statute because the way the fines were split. He stated there have been some changes made so that is no longer the case and the police naw charge all violations under State statutes that would be applicable to this ordinance. MOTION by Councilman Fitzpatrick to waive the reading of the ordinance and approve it upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� •► • ��! :�� . • �► •'�� ►►��.�1_ : !�� ._• � : ' 1 • M. 91i_ � _ � � ► y � ' ►� � �!� �, • � • � 1 91� DI� �I �_ • �� • +� Mr. Qureshi, City Manager, stated fines have been increased and this will bring the City's ordinance into oompliance with the State statutes. M�TION by Councilman Schneider to waive the reading of the ordinance and approve it upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried ur�animously. ��.1�. 1 r�_ �/li/�. • ►!�la��= �; ' =�T�-Z� �� I•• •� • �i :�� . • ;► •i�� :►. ��1• �� : ��. .•� �. .�� I� �I� �� • � t • ��i� : ►�� ♦ ' __: ►. � � . L � ♦ ' I • • • \ . � �l � !�,� ► y- �� : �M Mr. Qureshi, City Manager, stated the Council has been supplied with an updated copy of the code and action is necessary to ac7opt the oode. MOTION by Councilman Fitzpatrick to waive the reading of the ordinance and approve it upon first reading. Seconded by Councilman Schneider. Mayor Nee asked if there would be a review to point out changes made. Mr. Qureshi stated all the ordinances the Council has adopted are in the code in a codified form. UPON A WICE WTE TAKIIJ aN �1E ABOVE MOTION, a11 votec3 aye, and Mayor Nee declared the motion carried unanimously. : ?1M_ �/ ►. � : ►4 ►. !�� • � M ►� �4_. • �.4�� : r; . MOTION by Councilman Barnette to receive the minutes of the Planning Canmission Meeting of October 19, 1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. : ,/ �. ' ��4 �. ��yi •� � ��1�4 • ►�j�:_� . s • 7i;� ,1� ; � �� : /1�!_ :� : � �. . :f • � : . ' : � : «: �. 4 _. : ' �1 : � : • ;,�/y. Mr. Flora, Public Works Director, stated this is a request for a special use permit for the property at 470 Rice Creek Terrace for the construction of a 1,040 square foot accessory building on the property. Mr. Flora stated staff had some concern with the size of the building and there is not a survey identifying the square footage already built on the property. He stated another ooncern was the construction of a tunnel. He stated the petitioner indicated the tunnel was necessary as it would connect the house to the basement of the new garage and the awner's son, who is in the taxic7ermy business, would be moving display cases presently in the basement of the house to the basement of the new garage for storage. Mr. Flora stated the Planning Commission had a problem with a home occupation in an accessory building, as this is not allowed under the oode. Mr. Flora stated there were a number of residents at the Planning Conmission meeting who were opposed to this request for a special use permit. Mr. Flora stated the Planning Conmission reco�mnended denial of this request as it was their feeling the Carmission cannot legally grant the request because af the intended use of a second accessory building and the proposed building is not compatible with the neighborhood. Mr. Flora stated the corivenants placed on this property, as well as others in the area, didn't allow for a second unattached garage on the homes. �� )�. v� .� 1�. � ►��/�yl: �G : �9 Councilman Hamernik askec] if the petitioner had brought in a survey of the lot. Mr. Flora stated staff has not received any further information f rom the petitioner. �e petitioner, Mr. Asproth, was not present at this meeting. Cbuncilman Hamernik stated he was contacted by Mrs. Flaine Rnoff, 6776 7th Street, who wished to go on record as being opposed to this special use permit. MDTION by Councilman Hamernik to concur with the recommendation of the Planning Co�nission and deny this request for a special use permit, SP �83-11. Seconded by Council.man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mrs. Marlene Knight, 513 Rice Creek Terrace, reviewed some of the covenants - placed on her property, as well as others in this area. She stated she felt the Council should be aware that they exist when considering permits or special uses for this particular azea. Mr. Herrick, City Attorney, stated the owner of the lot is required to abide by the covenants, but if there is a violation, it is not the City's responsibility to enforce the covenants. He stated this has to be done by the surrounding property owners or the persons who benefit from the covenants. Councilman Hamernik asked what the petitioner's choices would be if he should decide to pursue this further. Mr. Flora stated this particular request to construct the garage has been denied, but he could submit ar�other alternate proposal if he so desires. He stated if it requires any special permits or variances, the process would have to be completed through the various oo�nissions. ?�� ►.�� : . . i �� • ► � � �. � � y�� : �; � 71�� M ' -_' • � � i�' • r �� : _ �i� y�� • i4�. y • � � . ��J/�� : �•� �, ��.M� : �� i\. •__► ��:� .� iy U 1._ Mr. Flora, Public Works Director, stated this is a request for a variance to reduce the required rear yard setback from 25 feet to 15 feet to allow the construction of a cover for a loading cbck. Mr. Flora stated there has been a problem with the loading dock at this location because of ice build-up on the truck ramp which almost makes the loading c3ock �useable. Mr. Flora stated, in order to correct this situation, the owner is proposing to construct a cover over the ramp. Mr. Flora stated the Appeals Commission recommended approval of this variance with the stipulation there be no outside storage after construction; the petitioner review the existing landscaping and add some if necessary; and that the east wall of the enclosure be constructed to a one-hour fire ratin9 since it is closer than 20 feet to the lot line. MrJ'I'ION by Councilrnar► Hamernik to concur with the recommendation of the Appeals Ca�mission and grant this variance request to reduce the rear yard setback fram the required 25 feet to 15 feet to allaw vonstruction of •� 1►. �e�. /�. • ►!1�a,�i: �; .0 a cover for the loading aock at 7895 Rancher's Road, with the following stipulations: (1) �here be no outside storage after construction; (2) Zhat the petitioner review the existing landscaping and add some ac7ditional landscaping if necessary; and (3) Zl�at the east wall of the enclosure be constructed to a one-hour fire rating since it is closer than 20 feet to the lot line. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C �M�� y�� • : �: ��►i� �. d► �:.� :1 � :: � S� � � _L 1 f � � �_ \�y\ i �� \ � � � i � _ fA�� Mr. Flora, Public Works Director, stated there is a f ree standing sign located on this property and the code only authorizes 80 square feet. He stated the sign post which is located in f ront of the barber shop was noted to be in need of maintenance and the awner was so informed. �e sign was originally erected in 1970, unc3er the existing code, and the routine maintenance done did not effect its status as a legal nonconfonning sign. T3�e present sign "Don's Barber and Beauty Salon" was erected on June 1, 1977 and sometime after that date, and for about two years prior to this period, the structure remained vacant and resulted in the structure losing its legal nonconforming status. Mr. Flora stated the sign has row been repaired and an additional 4 x 6 foot sign was added in addition to the original 3 x 5 foot sign which increased the square footage frosn 80 to 120 square feet. Mr. Flora stated the Appeals Commission felt the two signs were quite similar and the smaller 3 x 5 foot sign should be eliminated. If this was done, the variance would be to increase the signage fram 80 square f eet to 105 square feet. M�JTION by Councilman Schneider to concur with the recommendation of the �als Corrmission to increase the sguare footage of a f ree standing sign fram 80 to 105 square feet with the understanding the smaller 3 x 5 foot barber shop sign will be removed. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �l3+�il:�,u ',:. :�«._• •� �� •� ti_ �. • �4��: : ' 3�� LM �!��f?�' ►�,� _ � • �'!; __i �� ./ . •� ► � .�.�' � �1. �1: �; � �t�1.! il�: ' � �l� y.� �C �� f ::►u ,�� ; �� ►. _:lyr. • 1 ' �1. MDTION by Councilman Schneider to concur with the recommendation of the Parks and Recreation Commission to enter into an agreement with the Northeast Qiamber Orchestra for an upper limit of five concerts in the City for 1984 at $150 per concert and with the Fridley City Band f or six concerts in the park with an upper limit of nine total concerts in the City at $150 a voncert. Seconded by C,�i.mcilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� 1�. �e� � 1�. • ►!��a,�i: �; .;e+ MOTION by Councilman Hamernik to receive the minutes of the Planning Catmission Meeting of Nov�nber 9, 1983. Seconded by Co�cilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. t : �M �/ �. �. =.��L: ��,�i • � � �t !y _ • ��y : �; • ' MOTION by Council.man Fitzpatrick to receive the minutes of the Charter Carmission Meeting of September 15, 1983. Seconded by CounciLnan Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried tu�animously. �� _: � • ► • : ' ' �Ul4 � : ► ' �: }1��I�� = �.l �J► Y.� • ; � �► ; ►i� ay • � .�: _: i l�y.: Mr. Flora, Public Works Director, stated in August, FMC connected to the City's water system and it is anticipated they will use approximately 1,000,000 gallons of water per day. Mr. Flora stated during the hot s�rener months, this increased demand may adversely affect the City's water supply and, therefore, the City has negotiated with FMC for them to provide $250,000 so func3s will be available to produce another well if it is found necessary. Mr. Flora stated the agreenent starIInarizes this fact and provides Fl�iC with a water rate schedule. MOTION by Councilman Fitzpatrick to authorize the execution of the agreement between the City and FMC. Secondec3 by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� ► !� ; _ • ► � . • ' ;,��1: • : ► � N: � �► = ��! ► Y.l_ • : � ?� : ►i�� Y.�_ :►�.: ��.1► �� I )� �► .��. •�' �. i�► Mr. Qureshi, City Manager, stated it should be understoa] that the workshop would only receive the funds as the City receives their share f rom the cable cmripany. M�TI�N by Councilman Fitzp3trick to approve the agreement with the Anoka County Ga�unications Workshop, with the provision they will receive the funding as the City receives these monies f rom the company. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; _ � , � � �! � ' � : �y. � � _ �. ��4?�s �. 1�1�� ; • ►I : �i� •� ' : _ .I�J► � I _ : t1' } _�J\ �� :?�: `.� ��!?� : \I� � iM_�►� �i 1: �. ?V � I � ► : �1 �� _� ' • ► Mr. Flora, Public Works Director, stated this agreement would provide a mechanism for cities to assist each other in the event of emergencies or disasters. He stated if follows the same format that is used by the Fire Depart�nent for mutual aid. �� 1►. M �i�l �. • �!11a,��: �; •;N : MDTION by Councilman Schneider to adopt Resolution No. 107-1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��, � •, • ; • •. _-'.• � . y ► ► • ; � • : y � • 9�► �� • • � . . t � � C �. �S• �� : �� _ ► ► . • y�! � . • � : ►I� �1?�• M��: :. � � �/ Mr. Flora, Public Works Director, statec3 the State has right-of-way on the approach lane to I�94 going West and they are proposing to increase the shoulder to another lane to allaw two accesses to the freeway. Mr. Flora stated there would be r� oost to the City, but approval is requested of their plan in order for them to proceed with this improveznent. Councilman Hamernik asked if the plan would mave traff ic more expediently or will only provide a holding pattern. He stated on Highway 47 entering entering I-694 there are two lanes, but only one moves at a time. Mr. Flora stated the im�rove�nent would be taking vehicles off Highway 65 and putting th�n into a holding lane to allow traffic to move faster on Highway �65. Mr. Qureshi, City Manager, stated the question is if two vehicles would be allawed to proceed on to I-694 at the same time or if they would alternate. Mr. Flora stated he ass�anes they would alternate like what is now being done on the entrance from Highway 47. He stated the State would be giving the City m�re detailed plans in the future. Councilman Hamernik stated the question is what can be done to further facilitate the movement of traffic, He thought perhaps the intersection up-grading should be incorporated at West Moore Lake Drive and Highway 65. Mr. Flora stated a study should be made of the intersection as there has been a substantial increase in traffic. He stated he could try to obtain a preliminary set of plans on exactly what is proposed by the State. MOTION by Councilman Hamernik to table this item to the next meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. :� � . •� �� 1: . � =..�!J/ �. � 71�� / •► ! ' : 1 � ��. . .�� :1� s�� i1_��/ •� ►• :' �M�� '.' : .�� y. � It �. • ' : �I� 1 , h�l � • ► MOTION by Councilman Schneider to adopt Resolution No. 108-1983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; �..y � � � � � • �� - ; � _� • • ;.� • � • 4�. �! . .1. ' �i � �1=_• . �� y�� i � � �� . ' i� � ��J� � �l�l�l�s • • _: � � ► � � ' _yr �� : ,�� . ., • • • • i. - - • _��• - • • • 1' �� J►. ,�i��J 1►. • �!l/a,�i: �; ' � ti Seconded by Councilman Schneider. Upon a voice vote, all wting aye, Mayor Nee declared the motion carried unanim�usly. ♦_ �� . � � \—\ � _ _ _�_ _� :i�_i ! � \. 1f� �\� �: �_e 4 i �� M♦ _ �� Mr. Flora, Public Works Director, stated as a result of a Minnesota Department of Transportation inventory in 1981, Fridley was given an additional 3.55 miles for allowable MSAS designations. He stated, in 1983, the City added 1.86 miles to this designation, leaving a balance of 2.21 miles imder the maxim�un mileage allawed. He stated the resolution before the Council would add 1.712 miles to the MSAS system in 1984, leaving a balance of .50 miles to allaw the City some flexibility for future MSAS designations or redesignations. Mr. Flora stated by identifying these streets in the inventory this year, it will increase the maintainence money the City would receive from the State next year. MOTION by Councilman Fitzpatrick to adopt Resolution No. 110-1983. Seconded by Councilman Sc�,neider. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �. � � \ \ � f � � M � � � 1 i • �► : ��I�I�'��'rl�►�f-i��!` � /?� ! � �JU : � M !I: � ►f • �i 1► � • ;,� �1�i i►:�� : � �„ • ��. 1►��1 : �� . � _ ' : : u ►� • ..�. �. * ►+� 1C =: ► � �I_ ! +� ��1 : ►�� _ � � \ ► � � � � �1/1 i � \. ��«� � �� i e : \�� M� � / �l� . .��+ : �i� • � : � a19__ � � ; • y7�� ; �i� : .�M�� ; : : Mr. Flora, Public Works Director, stated these modifications are submitted because of the recent rejection of the St. Philips 202 applications by HUD and the need to reallocate these funds. He stated the time table on the expenditure of all funds is no later than June 30, 1984 so the amendments to the County and HUD should be given as soon as possible. Mr. Flora stated it is recommended the Riverview Heights Acquisition Project, marketing material for the Redevelopment District, the Jobs Bill 1983, and the North Area Drainage and Trail Improvement Project be added for oonsideration of funding. Mr. Flora stated the Riverview Heights Project not only reguires designation of the project, but the Council identifying that portion of the City as a deteriorated and blighted area in order to satisfy the criteria for the mBG funding. He stated it is anticipated to use LAW�N funds as a match and the total project oost is $168,850 to acquire three properties most effected by flooding. He stated all of these property owners are willing sellers. Councilman Barnette asked what the Jobs Bill 1983 covers. Mr. Flora stated the City would set aside this money to make jobs available f or the uomentployed. He stated they plan to hire these une�loyed persons to work in the nature center to construct a dam and to improve the trails. �� 1�. � tiiDl��l�. • ►!�/?til: �I; • � !1 1 CAUncilman Schneic7er stated he has no idea where the suggestion for the North Area Drainage and Improv�nent Project originated. Mr. Flora stated, since the St. Philips project was not approved, it was necessary to find another project that would meet the criteria for GDBG funding and would provide jobs. He stated, this project to improve the drainage and ponding area in the North area, has been on the "back burner". �uncilman Hamernik felt the type of w�ork that would be done didn't se�n to be such that it would eqnploy many people, but would be a contractor with heavy equipnent doing this type of work. Mr. Flora stated to improve the ponding, it would require a lot of labor for the digging and construction involved. He stated they wnuld also improve the trails to make them more accessible for the handicapped. Council.man Schneider stated he is very supportive of the nature center and doesn't want to sound like he is speaking against the plan, however, he resented the way this just came before them without any background material or other options. Mr. Qureshi, City Manager, stated because the St. Philips project was rejected, it was necessary to come up with other projects that would satisfy the criteria for use of CDBG funds and the deadline for using these funds is June, 1984. He stated the f unds can be used only in depressed areas or where they serve and benefit low and moderate income people or benefit the une�loyed. He stated they want to f ind projects that would meet the strict criteria for the funding. He stated the North area is already designated as a redevelognent area and would meet the criteria for providing jobs for unemployed persons. Councilrnan Barnette asked about developnent on the North of ConIInons Park. Mr. Q�reshi stated it woulc�'t qualify because it isn't a development area and doesn't benefit law and moderate income persons. Councilman Schneider asked if these funds oould be used in the Moore Lake project. Mr. Flora stated Hickok and Associates cioesn't have the plans and specifications ready for advertising so any work couldn't be•done within the deadline for these funds. Councilman Barnette stated they are talking about $50,000 to build a dam to protect the land tawar3s the river, but he felt the cost would be more than $50,000. Mr. Qureshi, City Manager, stated to cio a complete job in the north park developrnent would probably cost over $300,000. He felt, however, some improvements �oUia ��ae ana still satisfy the criteria for these funds. Mayor Nee questioned if there were any alternatives for the Council to consider. Mr. Qureshi stated a proposal has been discussed where disabled persons want to set up a retail or thrift store, hawever, this hasn't been tried in Anoka County. �C'I • A'IE_F!i'71�Y` pg F'R �1 r � 8� �A��.� Mr. Qureshi stated they had a nu¢nber of plans for things they would like done in the nature center, if funding was available. He stated most of the things that have been done in the nature center was by volunteer help or state or federal funding. He felt this project would meet all the criteria for the grant, however, the staff could try and find other things which may qualify for funding. Councilman Fitzg�trick stated many communities use these CDBG funcls for senior citizens projects and nearly every municipality in Anoka County spends more of these funds than Fridley has done. Mr. Qureshi stated the Council could table this and staff would try and cane back with another project that may meet the criteria. MOTION by Councilman Schneider to adopt Resolution No. 111-1983, but amending it by deletion of the "Jobs Bill 1983". Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilnan Barnette to table consideration of applying for CDBG funding for the "Jobs Bill 1983" until the meeting of December 5, 1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to prepare a list, with some background material, on potential projects that could use the $49,56 4 jobs money. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared t1�e m�tion carried unanimously. MOTION by Councilman Fitzpatrick to adopt Resolution No. 112-1983 declaring block Z, Block AA and Block BB Riverview Heights Addition a"Deteriorated and Blighted Area". Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. �F�OL.�JTION 1+A. ? 13-1983 CALLING A PUBI�C I�ARING ON THE ESTABLISHMENT OF PROPOSID TAX INCRF7�'1FNI' DISTRICT N� 4 WITHIN REDEVELOPh1ENT PR0,7ECT NU 1 8��'L'HE ADOPTION OF A TAX INCRE�'lII`'T FINANCING PIAN REIATING THERE�• MO'I'ION by Councilman Barnette to adopt Resolution No. 113-1983, setting the public hearing for December 19, 1983. Seconded by Councilman Schneider. Mr. Herrick, City Attorney, felt the legal notice should contain a better description of the area this district would cover. He felt a general description would suffice. IJP�N A WI(� W'I'E TAKIIJ ON Z�iE �(7VE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 20. R�QLj._TI'ZON NO 114-1983 REOUESTINC THE POSTING A2�ID ENFORCEMENT OF "NO PARRING" STGrIS ON OSBORNE ROAD B�,'IZ�IEEN T. fl. 47 AAID CENPRAL AVENCIE: MOTION by Councilman Hamernik to adopt Resolution No. 11 4-I963. Seconded by Councilman Fitzpatrick. IJpon a voice vote, all voting aye, Mayor Nee declared the motion carried �nanimously. �� 1►. ��1�l11�. • ► hla��: �; ' �.� :_ • .�� •� .! • • �� ., a;_ ! .�:: : • �;.• << �• ; •:�•. �a•� ►i• ; . r � '• ►� : �� 1�' ►M :4 : ::_► . '�••• • . � + •� _ � 1 _I * �� 1 � � • ,! ♦ • \ S • ♦ f � � \• f • � , :.�y.�' �. '+ ':-+' •� • �l3�_ _�._ ��1 �J►�- �.�� _�► ': ►� �, MDTION by Councilznan Barnette to adopt Resolution No. 115-1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � . :� . • ► � � . • : • y,i � � �►: � � � �!.l�. � : �. y.� 7 .� �. • y 111 111 •c _;� _• � ': �. '' :M�.1►� ►�� y� i ��L !' _?�►� :�/ �l . :��I� �t� .� � � M = • �� !�4 MOTION by Councilman Hamernik to adopt Resolution No. 116-1983. Seconded by Councilman Fitzg�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Harnernik asked if there were any carnnitments on the bonds. Mr. IrQnan, City Clerk, stated the bonds were comnitted to the underwriter and sold for a Decegnber 1 closing. Councilman Hamernik stated he heard the Cannission on these bonds was quite high and asked if this was true. Mr. Irrr�nan stated he would have to check on this before he could answer Councilman Hamernik's question. RI� � �' •► • ��l �� ► �� •� \M _i � � 'L:4y \ ' : ►�. _� � �4�r MOTION by Councilman Schneider to approve Change Order No. 1, 1983 Civic Center Sprinkler S�stem Project with Schwickert Fire Protection to add $3,600 to the original contract price making the revised contract $19,400. Seconded by C,ouncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. : ' �� ►�! J►� �! ?�.' !a�?! MOTION by Councilman Fitzpatrick to concur with the following appointment: r�r a: Walter J. Lach 5455 Altura Road Fridley, 1�1 55421 .� �� Operations & Maintenance Pub. Wks. Dept. '�� $1, 599/rro. Ef f ective Date Novernber 14, 1983 Reg aces Ed Saeffke Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �.� �� • 4r. MOTION by Councilman Schneider to approve the estimates as submitted. �� . ,��+�i�R.. • ►!��a,�i: �; (Estimates) Herrick & Newman, P.A. 6279 University Avenue N.E. Fridley, NIN 55432 For legal services rendered as City Attorney for the month of October, 1983 P�pham, Haik, Schnobrich, Raufman & Doty Ltd. 43 44 IAS Center Minneapolis, 1�1 55402 For professional services rendered, Navember 11, 1983 Halverson Construction Comp�any 4229 165th Avenue N.E. Wyoming, I�, 55092 FINAI� �STIMATE 1983 Misc. Concrete CXub & Gutter E. A. Hickock & Associates, Inc. 545 Indian Mound �•7ayzata, NR�] 55391 Phase I $1,254.99 Pl�ase II $2,203.82 Moore Lake Restoration Project for October, 1983 •id $1,893.7 9 $ 566 .57 $1,870.00 $3,458.81 Seconded by Counci]man Hamernik. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. 26. �i MOTION by Councilman Barnette to authorize payment of Claims No. 301F22 through 323V16. Seconc3ed by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declarec7 the motion carried unanimously.. � �,� �� MOTION by Councilman Schneider to approve the licenses for Frank's Nursery and Frostop Christmas Tree Lots as added to the agenda. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to approve the remaining licenses as submitted and as on f ile in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee c7eclared the motion carried unanimously. •� � � �; • • � � �� 1�. M! �1 �. : �i� . � 1� � �1.1��. 1 MOTION by Councilman Hamernik to approve the 1984 Council meeting and holiday schedule, but amending it to change the January 30 meeting to January 16. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried tmanimously. /�i ��• 1�� 4. �\. � \ �J�,��i �� iZ e � �i f� \ ��►� MOTION by Councilman the motion Council of Councilman Schneider to adjourn Barnette. Upon a voice vote, all carried unanimously and the Regul Ivoveraber 21, 1983 adjourned at 9:10 p.m. the meeting. voting aye, Mayo ar Meeting of the Respectfully submitted, Carole Haddad Secretary to the City Council Approved: • i � , Seconded by r Nee declared Fridley City William J. Nee Mayor - ;: • City of F City of F 1983, to Minnesota Minnesota that the described bonds. NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A CA��IERCIAL FACILITIES DEVElAPr1ENT PROJECT Notice is hereby given that the City Council of the ridley, Minnesota will meet at the City Hall in �he ridley, Minnesota at 7:30 o'clock p.m. on December 5.- consider the�proposal of Integra-nuilt II, Inc., a corpozation, who will be a general partner in a limited partnership to be formed (the "Company"), City assist fn financing a project hereinafter by the issuance of industrial development revenue Description of Project Acquisition of Iand located on the north side of of Intezstate Highway 694 between Highway 65 and Central Avenue in Fridley and construction and equipping thereon of an ; approximately 202 room hotel containing banquet facilities and parking. The maximum aggregate estimated principal amount of bonas or ott►er obligations to be issued to finance this pzoject is 59,900,000. The project will be initially owned and o�erated by the Company. The bonds or other obligations if and when issuecl will not constitute a charge, lien or encumbrance unon any property of the City except the project ancl such bonds or obligations will not be a charge against the City's general credit or taxing powers but will be payable from sums to be paid by the Company pursuant to a revenue agreement. A draft copy of tl�e proposed application to the Energy and Economic DeveloPrnent Authority, State of Minnesota, for approval of the project, together with all attachments and ex`�ibits thereto, is available for public inspection beginning :�ove-nber lE . 1983, from II:00 o'clock a.m. to 5:00 o'clock p.m., rsonday through Friday, at the City Hall in Fridley, Minnesota. 1 `-_-_.__ - - - ' — - • --�- _ ---- At the time an8 place fixed for the Publi� Hearing, Lhe City Council of the City of Fridley will give all persons who appear at the hearing an opportunity Lo express their views wit?► respect to the proposal. Dated this ldth day of November, 1983. i �� lA � (BY ORDER OF THE CITY COUNCIL) ', By/s/ Sidne C. Inman City Clerk-Tzeasurer 0 s FOR CONCURRENCE BY THE CITY COUNCIL �� December 5, 1983 ENERGY COMMISSION TERM APPOINTEE EXPIRES � 4-1-84 Z APPOINTMENTS RESIGNING MEMBER Jerry Cichosz 7509 Tempo Terrace N.E. (Resigned 10-19-82) 4-1-85 Bill Jordan 895 76th Avenue N.E. (H. 786-5504) (B. 374-5800 x60) � •.� � �• •- • � :t •• I I' M' ' I•' I IJ Mi '' il• I :A � s� '• M' I • y�' • . 1 � � •: • • i}' 1 • ' 101' ' • 11 :++ •� � ' 1 1. ? 1' ' ' R�e City Co�mcil of the City of Fridley does ordain as follvws: ��1��1 ��. r' •� : �I `v`il�.� :� y�: 11�� ; �rvr: �� :! Minnesota Statutes Chapter 419 is hereby adopted by reference and shall be in full force and effect in the City of Fridley as if set out here in f ull. Fran and after the appointment of the commission provided for in said laws, said cor�rnission shall have control and supervision over the enployment, pronotion, discharge and suspension of all officers and emplayees of the Police Department of said City, as provided in said laws. 102.02. DIS,i�06AL OF i�O6T At�D SttlSd PR0�4 Z�e Assistant City Manager/Public Safety Director shall hold a public sale for the disposal of property lawfully coming into possession of the Fridley Police Department in the course of municipal operation and remaining unclaimed by the owner for a period of at least sixty (60) days. Public sales shall be held at least annually, the proceeds from said sale shall be deposited with the treasurer of the ��,i¢IX�� p�X�� yi��¢yi p�pl�I ci�y�,.�'rid�eT and become part of ¢�� y�yf�T the�,aeral Fund. �e former awner of sold property shall have the right to payment of the sale prioe from the f�md upon application and satisfactory proof of ownership within the six (6) months of the sale. Notice of said public sale shall be given in a legal newspaper at least ten (10) days prior to said sale after the P�lice Department has made a reasonable effort to contact the legal owner of the property. (Ref. 641) 102.03. ABCL�� QF 7HE P06IfiIiClN OF �IFF OF FCLI� �he office of Chief of Police of the City of Fridley is hereby abolished and the duties of said offioe are assigned to and cambined with the duties of the Assistant City Manager/Public Safety Director. (Ref. 575) 102.04. PQ.IQ; PII�S�S 1. Abtwithstanding the pravisions of any general or special law, all p�lioe offioers employed by the City after December 15, 1975, shall be m��bers of the Public Employees Retirement Association Police and Fire Fund, and shall not be eligible for membership in the Fridley Pblice Relief Association. 2. Notwithstanding the praiisions of any general or special law, � ' �. r' •� ' 1 �. Y• 1 � •� a�•a .• � ti•�. • � • i �. � � � t •,r� o-•� i�: i `�:�'iy� •.� �•i' •�. • •' �:i�s• . • .� �- .� �• � �. ��. G 3A all golice officers esnployed by the City prior to December 15, 1975, may request transfer from the Fridley P�lice Relief Association to the Public F]nployees Retirenent Association Police and Fire Fund; said request to transfer shall be subject to all applicable rlinnesota Statutes and rules and regulations of the Public F�nployees Retirenent Association. Application for transfer shall be subject to the approval of the City Council of the City of Fridley. ��/z�/�/b��r�/��/��/��f�ls��/��/��/�/��li/}s�X�/,��'! �1��/Si�'�/s��'/,��'�'�'��,d�4�/�y/��'s��'�,d,�4�'/��,//�'��`/�44'��`�/� ��i!��/�'��t��'��!/��M/��¢��/��X X/r��/��'/��/��' ��/ic��/��.'��r�/��s�/�s��!//z�c�/�,�r��X/Yt��f/��X�,��r � �xi�,�'��/,�'��ixr��r��/�,�i��a�'��! ��r��x��¢��t��c��.�� xx��xiiz��x��i, �¢��, �� • 1 1 ti�r► /?�: :�� Y 4' - •� • • •� • •_ • � �_• •- -• -�. .� - •„ -� • �- :, •� • • •� • �. • �- - -� �- -� :, •� • • •� • �_ • � �l�-:1 ' 1- �- �- • � . � �. . �. �. �. • .. - _� . �- - .� . . •� • .. �- �• PASSF.D At�ID ADOPTED BY THE CITY OF FRIDLEY TBIS DAY OF � 1983. i�TII�IAM J. I�E — !lAY�R � � r. SII�'Y C. II+Ig+,N — CITY Q�t'RR First Reading: November 21, 1983 Second Reading: Publish: RE[�33/0/3/4 38 MEMORAhDUM To: Sidney C. Inman From: Virgil C. Herrick, City Attorney Re: Funding Police Pension with Proceeds from Sale of Unclaimed Property Date: July 8, 1983 Minnesota Statutes Annotated, Section 471.195 authorizes a City to designate the fund into which the proceeds of the sale of unclaimed property will go. M.S.A. 423.806(c) and (d) states that unclaimed money and property coming into the possession of inembers are to be used to fund the Police Pension and M.S.A. 423.801 defines "member" as any person who is Employed as a police officer. Consequently, the present city ordinance dealing with this issue has the full authority of the applicable, albeit ambiguous, state statutes. The issue of whether the officers who do not belong to the Police Pension are being deprived of the benefits of these sales, is not really an issue at all. The fact of the matter is that the only one who benefits from the proceeds funding the police pension is Che City of Fridley because it reduces the amount the City must contribute to fund the pension. The amour►t paid to an officer out of the pension or P.E.R.A. is established by statute and is not affected by the source of funding. In other words, the amount an officer receives, from either the police pension or the P.E.R.A. is the same regardless of whether or not proceeds from the sale of unclaimed property are used to fund the program. On this basis, it really has no effect on the police officers of either the Police Pension or the P.E.R.A. Current state legislation provides for the gradual phasing out of the private police pensions and an argument can be made that this overrides the provisions requiring the deposit of the proceeds of these sales in the police pension. On the basis 3C that M.S.A. 423.806 is displaced by the legislation phasing out police pensions and in light of the fact that the dispos- ition of the proceeds has no effect on the pension or the P.E.R.A., it would be advisable to adopt a uniform procedure for disposition of thse funds. This office would suggest that the proceeds be placed in the general f und to avoid any future disputes or questions concerning this matter. .:•. � � « . AN ORDINAI3CE REPEALING CHAPTER 810 OF THE FRIDLEY CITY OODE IIQTI'ILID "MIS'DEMF,ANORS G�3�EFtALY" IN ITS FNrIRE.TY THE CITY OOUNCIL OF � CITY OF FRIDLEY DOFS ORDiAIN AS �IA�7S: That Chapter 810 entitled "�iisdemeanors Generally" be repealed in its entirety. PASSID AI�ID ADOPTID BY �iE CITY OOUNCIL OF ZI�iE CITY OF FRIDLEY �iIS DAY OF , 1983 WILLIAPf J. 1�E - MAYOR ATI�:ST: SIDI;EY C. Ii�T1At� - CITY Q,ERiC First Reading: November 21. 1�83 Second Reading: Publish: 2/8/3/?3 4 � �� t��o�E. , •E ,, � �, � o�� ,,�:,� �. �� POLICE DEPARTMENT c�ty of F��diey Minnesota DATE �CTOBER 19, 1983 FROM PUBLIC SAFETY DIRECTOR, J.P. SUBJECT � ORDINANCE REPEALING CHAPTER 810 OF THE FRIDLEY CITY CODE MEMORANDUM TO NASIM QURESHI -. 4 A ACTtON INFO X Attached is a proposed ordinance repealing Chapter 810 of the Fridley City Code entitled "P9isdemeanors Generally" in its entirety. Since the establishment of this chapter, changes in State Statutes and court procedures have resulted in Chapter 810 no longer being of value. Specifically, the police now charge all violations under State Statutes that would be applicable to this ordinance. In addition, a recent change in fine split formulas no longer provide any benefit to charge under city codes verses State Statutes. A recommendation to repeal this ordinance is concurred with by City Prosecutor, Carl Newquist and Dave Newman of the City Attorney's Office. JPH/sa 0 l � r .:•��. . AN ORDINAN(� RECODIFYING CHP.PTER 901 OF THE FRIDLEY CITY CODE F3�lTTITLID "PENAL,TIFS" BY AH�IDING SE(.�ION 901.01 II�frITLID "GENERAL PRUJISIOA]S". �iE CITY OOUNCIL OF �iE CITY OF FRIDLEY DOF� ORLIAIN AS F�LLOWS s 901.01. GIIdERAL PRWISIO�I.S Etiery person who violates this Code is subject to all penalties pravided for such violation. Except where a different, specif ic or more p►�rticular penalty is provided or allvwed with respect to any offense, any person guilty of a violation of this Code shall upon conviction of such offense, be fined in an amount not to exceed ,�� 5700 or be imprisoned in jail for a peria3 not to exceed ninety (90) days or both for each offense of which such person is corrvicted. a i�• . �•.• r PASSID AI�ID ADOPI'ID BY ZI�iE CITY OOUNCIL OF �-iE CITY OF FRIDLEY 7�ILS � OF , 1983 WII�LIAM J. I�E - rSAYOR ATPFST: SIDtJEY C. II3fA�1 — CITY Q,II2K First Reading: November 21, 1983 Second Reading: Publish: 2/8/3/26 E , �t�,�oi f�� ,. � �� . �.� � o��rz -�� POLICE DEPARTMENT City of Fridley Minnesote DATE �CTOBER 19, 1983 FROM PUBLIC SAFETY DIRECTOR, J.P. SUBJECT AN ORDINANCE AMENDING CHAPTER 901 OF THE FRIDLEY CITY CODE MEIV�ORANDUM TO NASID9 QURESHI �SA ACTION INFO X Enclosed is an ordinance amending Chapter 901 of the Fridley City Code entitled "Penalties". Th�e only change proposed is that the maximum fine be increased from $500 to $700 to be consistent with revised state statue. JPH/sa T►+� c�TV os Fq� L Y � ptRECTORATE OF � PUBLIC WORKS �' _s DATE Hovert�er 29, 1983 FROM D.P.W. �ohn Flora SUBJECT Chapter 206, �uilding Code .�. . • [� MEMORANDUM TO ACTION INFO• Masim �d. Qureshi, City Manager X The City Council approved the first reading of a rewrite of Chapter 20G, Buildina Code, on July 25, 1983. Public comment was received at the August 8th and 22nd meetings. The rewrite includes: 1. Adoption of the 1983 Uniform Building Code. 2. Organization of a building department. i 3. Adoption of an Electrical Fee schedule (the underlined copy shows the current rate and the new revised rate). 4. 5 Complements the Zoning Code Certificate of Compliance requirements. Defines the storm water run-off design criteria. Appendix E, optional automatic fire suppression system which was originally included in the draft has been removed. In order to obtain the desired fire protection system for new construction, it is recormenc�d that this criteria be incorporated into our zoning code. The attached draft includes those changes which are suggested to our zoning code. If the Council desires to adopt the rewrite of Chapter 206 and a fire protection system, recom�►end they approve the rewrite of Chapter 206 on the second reading and send the suggested changes to Chapter 205, Zoning Code, to the Planning Corr�nission fqr public hea ring. JGF/de , R f � ORDINANCE IiO. AN ORDIJiA1iCE ADOPTI1qC � NEii CRAPTER 206 ENTITLED •BDZLDIAG CODE"; A1iD REPEALING OLD CAAPTER 206 OF TAE FRIDLEY CITY CODE ENTITLED "BDILDIAG CODB AND RII.ATED PERMIT FEES" IIi ITS ENTIRHTT 20b.01 BDILDZ�G CODE � The Minnesota State Building Code, �tabl{shed cursuant �Q Ninnesot,a_ �.tatutes 16.83 throuQh 76.869� one copy of which is on file in Lhe office of the City Clerk of Fridley, !!innesota� is hereDy adopted Dy reference a� the Building Code of the City of Fridley and incorporated in this ordinance as completely as if aet out here in tull. >:�-L 2. The 1980 Edition of the State Building Code a� a� nded Dv oro�osed rules published in the State Reaister dated 11/22/82 an��91�s�ecf in t�e State Re�ister date" 2/21/8� �dor*� bv reference the fo�loxirLQ codes: A 19B2 Edition of the Uniform Buildidg Cfl�. idPntifiprl AQ �UBC": •: . .� �- �_ .�. ..- .-� -. � • : N- �- •�- - �.. . .. - . _ . � - . . �_ •-� �• - • : . . - � • • � � • • - • ' � - • - � 1 � • : 1 • • � • • • • • / _ j ' • � • - • � ' / • - - ��. • .- �: i= . . .r �: =�• ;- _- .� �..- .- -. - � � • :� � �. � �� . �- .�-- •r r �- _ � � �_ • _ �• • • � • • • • • - - • - Y � � . , _ • , • � � � � • • _ + • � • � � j _ • 7 • � � • � � � r - • ` - • � ' • • • ' � � M � _ • • • � � • � - • 1 1 � � � , ' • � : � � � 1 � � • • � • • r � - � � � -. / � �� • • ' • • ' _y ' - • • • � _ ' • • � • ' / ' • - fl i � • • } • ' i • � • � 3i �ppendicss. In addition to the sDove, certain Appendices, SLandards and Supplemental material referenced in the State Building Code are hereby adopted by reference as part of the Buildiag Code of tbe City of Fridley and incorporated into this ordinanee as completely as if aet out ia tull, including but not limited to the tolloving: 6� Building Code 206-1 :� A. Technical Requirement� for Fallout Shelters, identified as SBC. Appendix •A• B. Variations in Snow Loads, identified as Minnesota State Building Code, Appendiz •B" C. iB7! 19�2 Uniform Building Code� Appendix Chapter 35 D. Minnesota Plumbing Code� Appendis "B" tl ,�,� Optional Appeadicea. The folloving Appendices� Standards and Supplemental materials are not a mandatory part of the Hinnesota State Building Code but are adopted by reference for the City of Fridley and are incorporated into this ordinance as completely as if aet out in full: A. Minnesota State Building Code Appendiz "C". AbDreviations and addresses of Technical Organizations. B. �879 tqB2 IIBC Appendiz� Chapters at� NB�( M��.LZ�� 55 and 70 C. Hinnesota Plumbing Code� Appendices C i D D. Flood Proofing Regulations� Sections 201.2 through 208.2 • .� � • -� • • ' • - M ' � � - • � � _ • ' / ' • / _ • • ' � ' ' ' � • � � • • � _ . � , - � � � - _ � • • • • - � ' • _ u ' � ' � • � • � • 1 • _ •� • /" _ ••- •' .• '}-• • �_ - • �- � • � ) ••- 'i • •!• - ••- -�_ •- - • � �• • �• '• • � 'f ' • •- -• � ��--• - _ _ - � _ • ' � - , • • • � _ � • _ • • ' : f - 1 " • • • } - • • � • • 206.02 CONFLICTS In the event of any conflict Detveen the provisions of this Code adopted by the provisions of this Chapter and applicable provisions of State laW, rules or regulations. the latter shall prevail. 206.03 PERHIT PfiES She issuance of permits� conduction of inspections and collectioa of fees shall De as provided for in Cbapter 3 of the IIniform Building Code. Section 30u� paragraph (D), is amended to read •...except on occupancy groups R-3� the plaa check See ahall be 25f of the Duilding permit fee." . : Conflicta Permit Fees 206-2 The fee schedules ahall be as follovs: :: �- - . . _� . . �- ._ , ._ -. � - . _� - .- ._ . �- ��- . . . _t- .�. .- - .� . - - - . _�- . .. -. _ _-. . : . -. - :.. •r- . .. . _ . - �_ .- �. _-. � -� -t �� . . � �. .- - . � � : � . . . . •- • • • • .� " �. . . � . . �- ._ . -. . - t- .- - �-. . .- . -. . . � . - -�. �- . .� . � .•• •� - • •- • �• - �_ :� ._ •• -• � �' : • � - 1 1 ! ' • _ ! - I _ • � • � - - � • • � - � • 1 ' �- � -- • /_ •' -• • j' • • _ •. �- " • • � - • � � i � _ • • � _ � . � � • � - • � - 1 ,t� Building Permlt Fee�. TOTAL YALUATIOH � =1.00 to �500.00 .................=10.00 �501 to =2�000.00 ................�10.00 for the first �500.00 plus �1.50 for each additional =100.00 or fraction thereof. to and including =2.000.00 =2�001 to =25�000.00 ..............E32•50 for the first =2,000.00 plus =6.00 for each additional �1�000.00 or fraction thereof. to and including �25,000.00 �25�001 to �50,000.00 .............�170.50 for the first �25�000 plus =4.50 for each additional =1.000.00 or fraction thereof, to and including �50�000.00 =50�001 to =100,000.00............�2B3•00 for Lhe first �50,000 plus =3,OQ for each additional �1,000.00 or fraction thereof, to and including �100,000.00 =100�001 and up ...................E433•00 for the first =100,000 plus �2.50 for each additional �1�000.00 or fractioa thereof 6C Plan Review Fee� Building Permit Fee� 206- 3 t 3� plumbiag Pernit Fees. Minimum Fee....... ............................._ Each Fixture ..................................._ Opening Future Fixture ........................._ OldOpening� New Fixture ......................._ Beer Dispenser ................................._ Blo� Off Basia ................................•_ Catch Basin ...................................._ Rain ilater Leader ..............................� Hydraulic 9alve ................................_ Sump or receiving Tank ........................._ �later Treating Appliance...... ................._ Hot Water Heater ...............................� OTHER.......... ................................ a � Mechanical Permit Feea. A. Residential F�E to.00 5.00 3•50 1.50 4.00 5.00 5.00 5.00 5.00 5.00 7.00 5.00 1f of value of fixture or appliance � NSnSmum Fee ....................................s 10.00 Furnace ........................................= 20.00 Gas Range ......................................= 10.00 Gas Dryer ......................................= 10.00 Gas Piping .....................................= 10.00 Air Conditioning ...............................� 10.00 OTHER.......................................... 1S of value o f appliance B. Commercial Minimum Fee ....................................E 10.00 Al1Work .......................................15 cf v alue of a�pliance �{ � Electrical Permit Fee�. �d�Ef�t Ef1'!��El�iir/tlE�/�Y,dI i/!SE/LY:EEE/tEE�/dELFzEE/!Sr/z}'E/�r�zE/�IE�LttL�Z xr�r��i�rtftzx�rei��zixE,�i��E¢i,�tr�ixr.�i��tE�rt�r.i�ti�i�tr.tr�i��tttit�� tf/r!1'./lL�ZI��'a/,(�1��'le�')/�.L/tt/�bz�1Z/�E1`�tr/t[E/bt/td1`xt/�LZId1`�/1�N0100i tdt/�it.�E/t�.tt1 j/t'��tE��EI •_ u-: • i�a - . - . - . - . • _ _ • - • + . - . .- . - . - - -} • - - •+ -+' �' . -. �- -. - . � .- •r • 1 P1umDing Permit Fees Nechanieal Pe rmi t Fee� Electrical Permit Fees 20G-4 ,.. - - ._ . . . �_ . �- . . �_ � . - . . _ � . - . � . __ � r = ��T�1 - . - � - . � . - . _ - . . . � � � . . � .t . '.. �� - � - . - .. - . . . � .� . -._ .� . . - .�._ .- . . -. -._ - 0 ze �fle ��erie e��e��t•.. i7lDD. �DA xd �110 ldl�ddirS.� 20E iLt�E1`E ldD�ltrt... fBlbO. � . - . . �� ,.- - _._ �� • - _•• •�. 11 •- _•_ . •� -• .� � � - • � � : • • • � . � � � • ' • . - • • --•' ��. •' • • '• -•. I • �= -• • • -'•- =f� 1 • )_ /" • • -� • - • - � • • - • � � • • D to and includir�g �0 a��ere caDacitv...�2128 �4_0� (Maxia:u� nu�ber of �*o z� a+��ere circuits to be caid on is �D n �r,v one caDlnet J 3,1 to and includinA 1D0 a►��ere ca�aMtv �1�LgP �5.�0- For ea�h additional 7Dn Ar1flPT0 �anae2tV or fraction ereof...�11L00 3.D�. tay zn� ,�� teE Efi � t��`tlrE�d tret� ��t�etrs�a, tnet�etn� rE�t�er.��7 �or.t�n te zt�tzee x� �ree ��ete ��etrtt �tEIDD. ?rit� irStZddE� �II �SEtti!!t. tEE�Et�. !t�`l�izd� tiXrdl`!a �dd ,�4�ex�c,�r.r. ?Y',t�/�t�Xit�t d�F1iE�d �T,E� i'l:E t�1`�t�rEla ld �Oi�`E0 �d f 1d�t.�1E 1[1:�r�Xlzidl�. TEZ! r�F E�1��Ef.z �tEZe/�`tlia �Ld di�f��f.fErtli� �EE�t.� dt r!:! t��`� t�i�`d �bl! ��`L �E�tE��L ttd� �t.t�ECri�l� �1id dErlt��zt��i �t �tri��ECri611 tEE�. !tY ?riE �t��t��t fEE �� t�ttsrL�d lt�� lS�tIEi��a�! tlilI�diA� �"tEidlf.�l1 ��".�li: td Ii�tixld rd tEE �tfE�'E E��!lixt...�a1100. Tnta �rseza��,s �t� E,��c�fi��r.x� razt x�� t��`t f dt� �dZE ��'E t1S��E�ri6tS tE��. aE�'�tEl�. tEldEt'��( tttCdtrd� ti�txd�`Ed [fla e��e�.z �aer�r�r� at,� �t�Edf.�E�riA� �E�t.� 6� xne ��tE�t�Y ttd� td��lErid�i �f.E dErf1`�i��Iri6f.�t tai ?riE ��i� tEE dti t ltfi�IE t�t1Zt d�EI11�i� ��•�Z1 l6� �KflIDD tt 6E 206-5 nax e�e� tte u�e�E er��et znta ��t�aEa ��i�eE, tee��,ts cte�tz�� t�xz�tca �fe t��t��Er.z. rnta r�r�� tEE �t�� t�� n�z �m�e tn�� YY.fLE Pa) �f�E�ftA �d��Efridf.d �f,� 6�E tid�1 i�E�EEYid� �t� ��EZ�iI'.al t��diz�6f.�I ��id�Efx�� 6�Z� IS! �r Y1'•E �`Eir1��ECr�6d t�rE. .{ - . - �_ �. . � �• t. . - � � . - - _ . _ � � . - --.- - .�. . .,�-t r -- .- �. ��. - -� t - r •- •� . - •� _ . �_ �. . .� �• �. . �� .- _._ � � . --.- . . -� r .. -- .- }. - e,� • � •- •+� - .� -r -•- "� � • �: �- �. -. • � �• .- .,- � . � � :�. .• •• .- . - t_ i • •- - r • r . . . - - .- � .- �. • - r: . � . 1 . 1 : .. • - - . . • •�- � • 1: -I►- • • - - u _ • � N • • � • . � _ - � _ � • _.� � .� � .• I� •- � • }" • - I �� - / •f- - � :•• •� • �- _•• � . - • • • � � � - =�_ — - � - � / _ - : ! • ' • j,�) � char�e �S �1fLDO �2 00 r�ill be made for each +raffic si�nal stan�ard Circuits ori�inatir�a, r+ithin the ,�tandard r�i 11 not be �se� rrhen cor.�t�t 1 na the fee. 1�) In addiilor to the above fees all transformers and Aenera�ors for liAht heat and �oxer shall be comDUtec ��rately at �tLGb �L DD ver unit nlus 11,10 �.20 oer RVA u� �o and inc�in� 100 RVA 107 RVA and Q��l� ��dL �,�� Der 'A h�a�s,.�'�u� fee for anv ir�s orner or Aenerator in th� �La,�ory is E2alDG �,��•oo• �h� In addition to Lhe aDove feesj,�ll tra�sfo*mers for sians �nd outline li�htinA sh�ll be co��uted at �IlGB �� 00 for Lhe Lirst 500 YA or fra�tion thereef eer unit._�lus �1P0 t 40 for each additiona1 �DO VA or fractl4n thereof. ji) Tn addition to the abov� fees (�nless included in the maximun fee filed bv the initi�l installer) r�4 ote con�ro2. ,gignal circuits and circuits of less tha� 50 volts ahall be cocauted at EtIDL �� DO oer each ten oneninas or devices of each svstea plus �lbD S1 00 for each 8��i*i^na1 �en or SraeLion thereo2'_ GF 206-6 j3) For the reYie� of Dlans and s�ecific�lons of Dro�osed nsta at ns� there shall be a aini�w^ fee of �100 DO u� to and - - - - —..._ . i�n �,P tt nP anv re,p�estiru� the reviev. -� - ��.- .! �- - . .- _ - - t � - - -. . . . . = f. . • • •� - �-- • - � _ � � - /• • - • - - :� . • • _ } • - � � • - . � • � • • - - • � - • _ - . f • � i 1 1 - - •- --- -• � 1: � !' � •- • �. For in�ectiona no� covered herein or for reQUe�ted �nec!al �spections or s�rvice9� ihe fee shall De �1fNl0E �17•DO ner man hoyf� Sncludirlg travel ticae. Dlus �LAB ��5 �er mile traveled. �1� the rea�onable. co��.�.f eQui�^enL ��"'°^''' nnnQL"'pd_ Thi� •. _,�ection is also a�Dlicable � 1r:srecticz of e^rtv conduits and such 9ther,1oDs as deter�?nPC� bv the �itv. . �-.- .� • -� r . . - � • e_ • �• ' � � :�. �- .- .� - �_ .- . . -. . ,� . � . . �: . . � - � . , - .- -. .� .. - � - � - _ _ - � • �_ �- - • -• �_ . �� - �• •- • .• •�_ • �-•- • •• 1• • /' •� _ �' u- :�• • _ - - • • • � � - - • ' • � • - • � - - • - • � � •- • - • • - • � - • - - • 1 " '! - • �- -•� • 1' • �� " i . 1 � • . 1 � • • • - - • � • • � • � - • • • • 1 - - u • - ' / • • ' • - • • � • f " • � " • • ' • - • • � / • • � � - • - • } - • • � - • • • - • � • � � _ • _ • • • � • : • • - � - • - • � - • _ 1 '•_ - •- •! • _ �_ •�• •- • .• 11 ' • - - • . . • - • - - _ f � • - • � • -•_ • �' -• Y • -•_ • _ '• • - - _ • - � • - • _ - • ' • _ ' } • • / � • - - - � _ • - - � - - - _ - _ � • • � - • • • • •'• t �• - - ' / •w• � ' • - • • • • • � • - • - _ } • • • � - • - - • • _ • . • � • - • - - _ - - � • - f - • 1 - r t - � - • - • _ _ - I • ' _ } _ 1 � • � • - - • � _ � - • - - • _ - - • - - . t � 6G 206-7 �. / • • ' • � • � . • • _ • t - � ' f • ' - • � ' 1 - 1 - • ' • � • ' } - - 1 • � • • _ • 1 • � • - - • - � • � • f - • _ •� • • •�- • -• -• � Y • -)•- • � - � - • - • - • � _ •� • �- �• • • �_ •_ - -• ! _ • • � • • - • _ _ � - • � • • - • - �- -,� • • • �` . •• • • �- • _ •• • i_ -• _ • ! � ' • • ' • • � � j • _ � _ • -_ � 1 f " � - - • � ' • • � • • / : f - f _ • • } • ' - • � ' • - {• -• �' _ • • • � • -• • �- • - •�� - � • • ' M • � • • � • � - • • * _ • s - j - • / . ! - � • • - - • . f ' 1 : � ! I • - • � - • • � - � - •� t' _ '• _ f• / •�• - � _ -� • •. • • •� •� -• -• • Y • _ - .)•. • � � - • } • - • - 1 � • • �- �� • �_ �_ }- -• � • • • • • • . � _ f - I = / • • • - • • - - • • � - • � • • � � • � • 1 : • - . f " 1 � . � ' • ' � � j • - • �� . 1 _ 1 � 1 � • � • • - ' • • • � � - • � ' � • ' � • - • � ' � _ � • • • • _ ' • • � " • ' • � ' • � / - • • / � ' • • � • • � • � � } • • � : 1 ' • � � / ' � - 1 • � • • � - •/ ./� /" '/- '• • �• �• • •. -- •. • • � � � • • • � - / - ) • � _ • • � • • - • •- 1• •.�' • • • • �- _ •� • 1 -• -• • • •�- •� • • =j• ••' � • ' • - � _ � _ ' • - • � - • • ' • � ' � • � _ � • - � • _ • � • - - � . � � � • �. • � . � ' � � . • _ • � - • _ � ' �� Koving of Dwelling or Building Fee. The permit fee for the moving of a dr+elling or Duilding ahall be in accordance With the following achedule: For Principle Building........ ................._ For Accessory Building .........................� For moving through� within or out ot the City ................................� 6 � Yreckiag Pe�it Fee. 80.00 20.00 15.00 •. For any pe�it for the wrecking of any buSlding or portion thereef� the fee charged for each auch Duilding included in such permit ahall be based oa Lhe cuDical contents thereof and �hall be at the rate of one dollar and twenty-five cents (=1.25) for each one thousand (1000) eubic feet or traction thereot. S fi Moving Permit Fees Wreckiag Permlt Fee� 2o6-g B. For atructures which would De impractical to cube� the xrecking permit tee shall be Dased on the total cost of Wrecking such structure at the rate of siz dollars (=6.00) for each five hundred dollars (i500.00) or fraction Lhereof. C. In no case ahall the fee charged for any r+recking permit be less than fifteen dollars (�15.00). � � liater and Sever Fee�. Hydrant Rental Agreement - Service Charge ..............f 25.�0 Vater Dsage ............................................= 0.65/1,000 gallons used Water Taps .............................................i160.00 Street Patch - First 5 sC• Yd�•••••••••••••••••••••••••=125•00 Next 10 aq. yds ......................................i 12.50/sq.yd. Over 15 �q. yds ......................................= 6.25/sq.yd. Water Heter Repair - Weekend � Holidays ................= 35.00 Water Connections Permit ...............................= 12.50 Ser+er Connections Fermit ...............................i 25•00 Seuer 4-Dapter .........................................= 5.00 $ g� Land Alteration�. Ezcavatiag or Grading Fees. 50 cubic yards or less . ...... ..= 10.00 ... ................ ..... 51 to 100 cuDic yards ..................................: 15.00 101 Lo 1,000 cubic yards.......•••••"'�firat•100.cubicsya�rdsrplu� E7.00 for each additional 100 cuDic yards or fraction thereof . 1,001 to 10�000 cubic yards ............................� 78•00 for the first 1�000 cubic yards plua �6.00 for each additional 1,000 cuDic yards or fraction thereof. 10,001 to 100,000 cuDic yards ..........................�132•00 for the first 10,000 cubic yards plua �27.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 cuDic yards or more.......••••••first.100�000.cubic•yards� plus �15.00 tor each additional 100�000 cubic yards or fraction thereof. 6I Water aad Sever Ferait Fee Land Alteration� E:cavatiag or Grading Feea 2 06-9 �. � �• : � �� . . .- -. .- . . � - �- - .- . - • r � ,. . �- . ..- �-._ -� -. . . � - _ .- �- - . .�. � _. - . i. j_ - -. �- - . .. �-._ - - . - . . . _ � . �- � . . - • . . . � � - - - - . . - • - . � - � • . - -. . .. . . .. �- .t-t .,.� � .- .. .- -. -. . ._ .. �- - . . .-. . � u � • • - - • • _ � - � - _ • • • � • • • • ' 206.04 REINSPECTZON ,L,� A reinspection fee of fifteen dollars (=15.00) ahall be assessed for each inspection or reinspection vhen auch portion of work for which the inspection is called for is not complete or when corrections called for are not made. 12. This aectioa is not to be interpreted as reQuiring reinspection fees the i'irst time a�ob is re�ected for failure to comply vith Lhe reQuirements of this Code, Dut as controlling the practice of calling for inspections before the �oD is ready for such inspection or reinspection. t3• Reinspection fees may be assessed when the permit card is not properly posted on the vork site� or the approved plans are not readily available for Lhe inspection, or for failure to provide access on the date and time for �hich inspection is requesLed, or Tor deviating fro� plans reQuiring the approval of the Building Official. 2881011� J�TTY.z�I�?�01� T01t �BII�l�t�BIZOx � Where reinspection fees Dave Deen assessed, no additional inspection of Lhe vork will De performed until Lhe required fees have Deen paid. 206.05 CERTIFICATE OF OCCOPUiCZ 1. Except for single family residential structures� a Certificate of Occupancy stating that all provisions of this Ordinance have Deen fully complied r+ith� shall be obtained from the Citq: •. $efore any structure for Which a building permit is required is used or occupied. B. Or Defore any nonconforming use is improved or enlarged. 2. Application for a Certificate of Occupancy shall be made to tbe City When the structure or use is ready Por occupancy and vithin ten (10) days thereafter the City shall inspect auch structure or use and if found to be in conformity vith all provisions of Lhis ordinance� shall sign and issue a Certificate of Occupaney. 6J DouDle Fees Reinspection Fee II��I�lJ.xtd�d Td�' l�Ei�pE�Ltd� Certificate of Occupancy 206-10 . . . :� -. . = �- - • . w • • • - • . f • / - - - - • • _ r • - / • 1 - / - 1 • - - •�• •�' • j' ••- _ } • • -� - � • • - • - � - - • - • • 1 -• - ' '� - _ •- -• • _} •- ' • • u• • - �- • •• �r- = / - - _ • • _ • 1 • f • - • - - • - • • • • • • � ' _ ' • = • • _ • - - • • .. ! a � Change in Occupancy: A. Tbe City will be notified of any change in or+nership or occupancy at the time this change occura for all industrial and commercial structures xithin the City. - B. A ner+ Certificate of Occupancy or Co��liance vill De issued after notification. A��l�Y��tt1!/ddlI�ft� IE2BlDt7 *hir v-five dollar (��5.0�) - fee will be assessed for this certificate. N� Exi�tiag Structure or Ose: A. In the case of a atructure or use estaDli�hed� altered� enlarged or moved� upon Lhe issuance and receipt of a Special Use Fermit, a Certificate of Occupancy ahall be issued only if all the conditions thereof shall have Deen satisfied. � B. Whenever an inspection of an existing �tructure or use is reQuired for issuance of a new Certificate of Occupancy, a thirty-five dollar (�35•00) fee xill De charged. If it is found that such structure or use does aot oonform to the applicable requireaents, the structure or use shall not be occupied until auch time as the structure or use ia again brought into eompliance vith auch reQuirementa. 206.06 C01iTRACTOR'S LICENSFS It is deemed in the interest of tbe puDlic and the residents of the City of Fridley that the work involved in building alteration and construction and the installation of various appliances and aervice facilities in and for said buildings be done only Dy individuals, fir�s and corporations that have demonsCrated or subaitted evidence of their cospetency to perform such work in accordance With the applicable codes of the City of Fridley. The permits vhich the Building Inspector is authorized to issue under this Code a�all be issued only to individuals� firms or corporations helding a license Sssued by the City for vork to be performed under Lhe permit, except as hereinafter noted. / �� h Contractor�a Licen�es 206-11 ements. Application for license ahall be made to the City Clerk and auch licease shall be granted Dy a majority vote of the Council upon proof of tDe applicant's qualifications thereof� villingness Lo comply vitb the provisions of the City Code� filing of certificates evidencing the Dolding of puDlic liaDility insurance in the limits of �50�000 per person� =100�000 per accident for podily SnJury, and =25�000 tor property damagea and certificates of Wor;cmen�s Compensation insurance as required Dy State lax. 2. lee. The fee for each license required Dy the provision of this aection aha11 De Lhirty-five dollars (�35.00) per year. 3. Ezpiratioa. All 1lcenses issued under the provisions of this aection shall expire on April 30th� follouing the date of issuance unless sooner revoked or forfeited. If a license granted hereunder is not rener+ed previous to its expiration then all rights granted Dy auch licen�e shall cease and any vork performed ai'ter the expiration of Lhe license ahall De in violation of this code. L. Reneval. 6L Persons reneWing their license Sssued under this a-ticle after the , expiration date �hall De charged the full annual license fee. No prorated license fee shall be allowed. 5. Specific Trade� Licen�ed. Licenses shall be oDtained Cy every person engaging in the following Dusinesses or work in accordance vith the applicable ordinances of the City of Fridley. A. General contractors in the Dvsiness of building construction. B. t�Sasonry and brick vork C. Roofing D. Plastering� stucco work� aheetrock taping E. Heating� ve�tilation and refrigeration F. Gas piping, gas services, gas equipment installation G. Oil heating and piping work fl. Excavations� including excavatioa for footings, basementa, aever and r+ater line installation� I. Nreckiag of Duilding� N 206-12 sn erection� construction and repair� including Di1lDoards and electrical aigns [. Blacktopping and asphalt vork L. Chimney aveeps 6. Employee� and SuDcontractor�. � A license granted to a general contractor under this aection shall include the right Lo perform all of Lhe work included in his general contract. Such license shall include any or all of the persons performiag the work Which is classified and listed in this Code providing that each person perfor-ming auch work is in the regular eaploy and qualified under State law and the provisions of this Building Code to perfarm auch work. In these _ cases. Lhe general contractor ahall De responsiDle for all of the vork �o '::performed. Subcontractors on any vork ahall De required to comply wiLh the aections of this Code pertaining to license� Dond, pualifications� etc.� for his/her particular type of vork. T. Suspension and Re�ocation Cenerall�. The City Council shall have Lhe pover to auspend or revoke the lice n�e of any person Iicensed under the regulaLions ot Lhis �ection� whose vork is found to De improper or defective or ao unsafe as to �eopardize life or property provlding the person holding �uch licenae is given twenty (20) days notice and granted the opportunity to De heard Def ore auch action is taken. If and vhen auch aotice is aent to the legal addreaa of Lhe licensee and they fail or refuse to appear at the said hearing, their license vill be automatically suspended or revoked five (5) daYs after date ot hearing. 8. Time of Suspension. When a 23cense i��ued under this section is �usDended� the period of suspension �hall De not less than thirty (3�) days nor more than one (1) year� auch period being determined Dy Lhe City Couacil. g. Revocation� Reiastatement. iThen any person Aolding a license as provided herein has been convicted Por the second time Dy a court of laW for violation of any of the provision� of this Code� the City Council �hall revoke the license of the person ao convicted. Such person may not make application for a nerr license for a period of one year. 10. perait to Homeovaer. Tbe a�rner of any single family property may perform work on property which the o++aer occupies ao long as the vork xhen performed is in accordance vith the Codes of the City and for auch purpose a permit may be �aated to euch o�rner without a license obtained. 6M 206-13 State Licensed Contractor'a Ezcepted. Those persons who posse�s valid master licenses issued by the State of tlinnesota shall not be required to obta3n a license from Lhe City; they ahall� however De required to file proof of the existence of a talid master's license together with proof of satisfactory worl�en'a compensation insurance ooverage. 12. Public Service Corporations Ezcepted. Public aervice corporations ahall work upon or in connection xitb provided by other ordinances. 13. lSanufacturer� Ezcepted. not De required to obtain licenses for their oxn property except as may De Nanufacturers ahall not be reQuired to cDtain licenses for work incorporated Within equipment as part of manufacturing except a� may _De provfded Dy other �ections of Lhia Code. 14. Assumption of Liebilit�. This aection shall not De construed Lo affect the responsibility or liaDility of any party ovning, operating, controlling or installing the above described vork for damages to persons or property caused Dy any defect therein; nor shall the City of Fridley De held as assuaing any �uch liability by reason of the licensing of persons� firms or corporations engaged in �uch work. 206.0T UTII.ITY EXCA9ATIOHS 1. Permit Required. Before any work Ss pertormed which includes cutting a curp or excavation on or under any street or curbing a permit ahall De applied for from the City. The Public Works Department shall verity Lhe location of the watermain and sanitary sewer connections before any excavation or grading ahall be permitted on the pre�ises. The permit ahall specity the location. Width. length and depth of the necessary excavation. It ahall further atate the specifications and condition of public facility restoration. Sueh specifications shall require the publie facilities to be restored to at least as good a eondition as they were prior to commencement of work. Concrete curb and gutter or any street patchiag ahall be constructed and inspected Dy the City� unless specified otherWise. 2. Deposit — Required. Ybere plans and specifications indicate that proposed rrork includes eonnection to sanitary seWer� watermain, a eurb eut or any other disruption that may cause damage to Lbe facilities of the City, the application for permit shall De accompanied by a txo hundred dollar (�200.00) ca�h deposit as a guarantee Lhat all restoration Work Will De completed and City facilities left in an undamaged eoadition. 6N Utilit� Excavations 206-14 The require�ent of a cash deposit ahall aot apply to any puDlic utility corporation franchised to do businesa vithin Lhe City. 3. Mazimum Deposit. No person ahall be required to bave more than four hundred dollara (��00.00) on deposit xith the City at any one time by rea�oa of tbi� aectioa; provided that such deposit ahall De subjected to oompliance vitb all the requirements of this division as to all building permits issued to auch person prior to the deposit being refunded. b. Inspectioaa. A. Before any backfilling is done in an excavation approved under this division the City �hall be notified for a reviex of the condition� of construction. B. During and after restoration tAe City Engineer or his designate shall inspect the work to assure compliance. 5. Return of Depoait. The Pvblic Works Director shall authorize ref undment of Lhe deposit Mhen restoration has been completed to aatisfactory compliance with thia section. 6. Forfeiture of Depo�it. ArLy person who fails to complete any of the requirements ahall forfe2t Lo the City such portion of the deposit as is necessary to pay for having auch work done. 206.08 HDILDING SITE REQDIRi�iENTS 1. Geaeral. In addition to the provisions of this article, all building site requirements of the City's Zoning Code Chapter 205 and additions shall be folloxed before a Duilding permit may be issued. . 2. Dtilitie� and Street Requirod. No building permit shall De issued tor any new construction unless and until all utilities are installed in the public �treet adjacent to the parcel of land to be i.�proved and the rough grading of the adjacent atreet bas Deen completed to the extent that adequate street access to the parcel is available. 3. ?railer ProhiDitioaa. Except in a trailer or mobile bome park, Lhe removal of Wheela trom any trailer or the remodeling of a trailer through the construetion of a foundatioa or the enclosure of the apace betWeea the base of the trailer • ! Building Site Aequirementa 206-15 ti and the ground� or through the construction of additions to prov ide extre tloor space will aot De considered as conforming with the City's Building Code in any respect and vill therefore be prohibited. q. Equipsent and Material Storage. No construction equipment and/or material pertaining to construction aha�l be atored on any property �+ithin tfie City without a valid building permit. iihen construction is completed and a Certificate of Occupancy haa been issued. any construction equipment or materials must be removed vithin thirty (30) days from the issuance date on Lhe Certificate of Occupancy. 5. Construction York Houra. It ahall be unlaxful for any person or conpany acting as a contractor for payment. to engage in the construction of any Duilding� structure or utility including but not limited to Lhe making of any excavation� clearing of surtace land and loading or unloading materials, equipment or �upplies, anyxhere in the City except Detxeen the hours of 7:00 e.m. and 9:00 p.m.� Honday through Friday and bet�een the hours of 9:00 a.m. and 9:00 p.m. on Saturdays and legal 11�ztdf�I boliday�. However, auch activity ahall De lawful if an alternate hours work permit therefore has Deen Sasued by the City upon application in accordance vith reQuirementa of the paragraph belou. It shall De unla►+ful to engage Sn �uch work or activity on Sunday or any legal yllridt�l boliday unlesa an alternate hours vork permit for such work has first Deen issued. Nothing in this ordinance shall De construed to prevent any xork necessary to prevent in�ury to persons or property at any time. b. Alternate Hour� York Perait. �pplications for an alternate bours xork permit shall De made in vriting to the Public Works Director and ahall atate the name of the applicant and hia Dusiness address� the location of the proposed work and the rea�on for seeking a pe�it to do auch work� as well as the estimated time of the proposed operations. No such perciit ahall De issued excepting xhere the public velfare vill De harmed Dy failure to perform the xork at the times indicated. 7. Safeguards. Warning Darricades and lights ahall be maintained whenever necessary tor the protection of pedestrians and traffic; and te�porary roofs over sidexalks shall be constructed xhenever there is danger from falling articles or materials to pedestrians. 206.09 DRAIHAGE AND GRADDiG 1. Zn�estigation. After a Duilding permit bas Deen applied for and prior to the iaauance of aaid permit, the City shall thoroughly investigate the existing drainage features of the property Lo be use�. . ' Drai nage and Gradin8 206-16 _ 2. ODstruction of �atural Drainage FroDibited. No bvilding permit ahall De issued for the construction of any building oe vhich construction or necessary grading thereto shall obstruct any natural drainage xaterxay. 3. IIadrainable Lands. Ho building permit shall be issued for the construction of any building upoa ground which cannot be properly draiaed. A. Protection ot Ezisting Drainage Ia�tallaLions. d,, Iihere application is made for a building permit and subsequent investigation shor+s that the property to De occupied Dy aaid Duilding is adjacent Lo a porLion of a public road or street containing a drainage culvert� catch Dasin� �ever� special ditch or any other '- artificial drainage structures used for the purpoae of draining aaid property and/or neighDoring property, the applicant shall specifically agree in writing to protect these vaterways in auch a way that they ahall not De affected Dy the proposed building constrnction or grading work incidental thereto. �, No land shall De alterPd and no Lse shaL De DPre�ift.E+f� that. rPau1L� jn Water run o: f ca�s:ry,g floodin� erosion or de�osi t s of a� neral s on �dj�cent oro�e�ties. Stc+rr�;ater run-off fro� a develo�ed site rrill leave at no areaLer rate or lesser q�a�stv than the stor�;aLer run-off 1'ro¢ the site in an ur�eve�o�eV condition Stor��atPr run-o1't shall not exceed th� rat�of r�n-off of the un�eveloaed land for a 2� hour �torm vith a 1 year r�turn freouencv. Detention facili�ies shall be ��i�ed for a 24 hour s;�4..^L�th a 1D0 vear return freQt7PT1ev. All u-o f shall De �ror�ly channeled int9 $_�tnrn drain Water course. Qondina area or ot�er nuDlic fac111tv de��ngd for that ,S2�r�ose. �nv �han�e��de affecLin� �at�r r�n off onto an adiacent nroDertv mLSt ,�p�roved bv Lhe CStv. 5. Order to Regrade. The City may order Lhe applicant to regrade property if existing grade does not conform to any provision of this division� if the grade indicated in the prelimfnary plan has aot Deen follor►ed� or if the grade poses a drainage problem to neighboring properties. 206.10 NATERS� WATERYAZS i. Definition. As used in this section� the term �aters and/or xaterxays shall include all puDlic vater-r+ays as defined by Ninnesota SLatuLes Section 105.38 and ahall also include all bodies of water, natural or artificial. including pond�� streaas� lakes� swamps and ditches Which are a part of or contribute to the collection. runoff or atorage Waters within the City or directl7 or indirectly affect the collection, transportation, atorage or disposal of the atorm and aurface waters aystaa in the City. / • � Waters� Waterrraya 206-17 �. permit ReQuired. No person ahall cause or permit any vaters or xaterWays to De created� da,�med, altered� filled� dredged or eliminated, or cause the xater level elevation Lhereof to De artificially altered xithout first aecuring a permit from the City� t�1� r1!! State ^ �y�roflriate. 3. �pplication for Permit. " Applicatioas for permits required by tbe provisions of this article ahall De made in �+riting upon printed forms furnished by the City Clerk. 4. Scope of Propoaed York. Applications for permits required by Lhis section shall Qe accoapanied xith a complete and detailed description of the proposed work together vith complete plans and topographical survey map clearly illustrating the proposed vork and its effect upon existing vaters and water handling tacilities. 5. Pee�. A fee of twenty-five dollars (=25.00) ahall De paid to tbe City and upon the filing of an application for a permit required Dy the provisions of this section to defray the costs of inve�tigating and considering auch application. 206.11 PENALTIBS Any violation of this chapter is a misdemeanor and is sub�ect to all penalties provided for auch violations under the provisions of Chapter 901 of Lhis Code. PASSED AND ADOPTED B7 THE CIT7 COUNCIL OF THE CIT7 OF FAIDLEY THIS DAY OF � 1983 IiILLIAM J. NEE - MA70R ATTEST: SIDNEY C. INHAN - CITY CLERR First Reading: Julv 2i, 198� Second Readiag: PuDlication• 6R Penaltie� 206-18 6S E7�lIBIT I OFFICIAL TITLE AND SIII�4+IARY ORDI�AI�ICE 1�0. I. TITLE AN ORDINANCE ADOPTIHG A N�ii CHAPTER 206 ENTITLED "BIIILDUIG CODE" AND REPEALIAG OLD CHAPTER 206 OF THE FRIDLEY CITY CODE ENTITLED "BIIILDING CODE AND RELATED PERMIT FEES" IN ITS ENTIRETY. II. SIIt�lARY THE COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA ORDAINS: That the following summary shall clearly inform the publie of the intent and effeet of changes to the Chapter and shall be published in the official ne�spaper of the City. A. BUILDING CODE OF THE CITY OF FRIDLEY. The following are hereby adopted by reference as the Building Code of the City of Fridley: 1. The 1980 Edition of the State Building Code as amended by the rules in the State Register dated 2/21/83 �►hich adopts by referenee nine (9) codes. 2. Certain Appendices, Standards and Supplemental material referenced in the Minnesota State Building Code. 3. Certain Appendices, Standards and Supplementa2 material which are not a mandatory part of the !'linnesota State Building Code. B. PERMIT FEES 1. Chapter 3 of the Uniform Building Code provides for the issuance of permits, eonduction of inspeetions and collections of fees, as set out in the Ordinance in its entirety. 2. Plan RevieW Fees shall be paid at the time of submitting the plans and specifications for revieW. Such fee shall be 65x of the building permit fee and rrill be credited to the building permit fee if a permit is obtained xithin 180 days folloWing the completion date of the plan revieW. 3. Electrical Permit fees are due and payable to the City of Fridley at or before commeneement of the installation. The fee schedule is set forth in the OrdinaACe in its entirety. / C. CERTIFICATE OF OCCIIPANCY 1. Except for single family residential structures, a Certificate of Occupaney shall be obtained before such structure is used or occupied or a nanconforming use is improved or enlarged. 2. A oertificate of compliance sha11 be issued to all existing uaes Which do not have a certificate of occupancy after all publie health, safety, convenience and general xelfare conditions oP the City Code are met. 3. No permit or license required by the City of Fridley_or other governmental ageney shall be issued unless the application for such permit or license is accompanied by proof of the issuance of a certificate of oecupancy or certificate of compliance. D. DRAINAGE AND CRADZNG No building permit xill be issued for eonstruction of any building xhere any natural drainage xaterWay will be obstructed or the ground cannot be properly drained. If applicable, the applicant must agree to protect artificial xater�ays so they Will not be affected by the , proposed eonstruction. Any change in grade affeeting xater run-off onto an adjacent property must be approved by the City. No land shall be altered �hich would result in aater run-off causing flooding, erosion or deposits of minerals on adjacent properties. III. NOTICE This Title and Summary has been published to clearly inform the publie of the intent and effect of the City of Fridley Building Chapter. A copy of the Ordfnance, in its entirety, is available for inspection by any person during regular office hours at the office of the City Clerk and at the Anoka County Library. " PASSED AND ADOPTED BY THE CITY OF FRIDLgY THIS DAY OF , 19a3• WILLIAH J. NEE - MAYOR . ATTfiST: SIDNEY C. INMAN - CITY CLERg First Reading; July 25, 1983 Second Reading: Publish: R�33�a�3/7 6T L'iJ ORDINANCE #, AN ORDZNANCE Al�NDING CHAPTER 205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING" BY ADDING SECTION 205.0u8 AND CHANGING SECTIONS 205.044, 205•046, 205•073r 205•074. 205.086� 205.121, 205.131, 205.141� 205.151, 205.161� 205.181 and 2Q5.182 The City Council of the City of Fridley Does Ordain as FolloWS: 205.0�14 BOILDING SITE g. No land shall be altered and no use shall be permitted that results in �rater run-off causing flooding, erosion or deposits of minerals on adjacent properties. ,��^c�a�2,^ run off from a develooed site Will 1�ave at no g�eater rate or lesser p�alitv than the stormwater run-off from �h� site in an undevelopgd condition. Stormwater run-off shall not exceed the rate of run-off of the undeveloged land for a 2u hour storm xith a 1 vear return �'reoLency Detention facilities shall be desiarPd for a 24 hour storm with $ 100 year return frequency. All run-off shall be properly channeled into a storm drain �ater course� ponding area or other public facility designed for that purpose. Any change in grade affecting Water run-off onto an adjacent property must be approved by the City. 205.OU6 REQUIRED YARD AND OPEN SPACE C. Decks, unenclosed porches, canopies and steps to building entrances may extend not more than ten (10) feet into any required front or rear yard setback and not more than three (�) feet into a�y reouired sidQ_yr2r�, provided they do not extend nearer than five (5) feet to any lot line. 205.0u8 FIRE PROTECTION REQUIREI�NTS 1 S.prinkler systems shall be required in all buildinAS hereinafter erected, construeted or altere�, and Whi�h the floor area exceeds 10.000 �a�are feet in the fo�loxirL¢ zoning d�stricts• C-1 Local Business. C-2 Cenera� BLSiness� C� General Sho�Dip�r� CR-1 General Office. M-1 Li¢ht Tndustria�., M-2 Hea,yy Ind�stria�, S-� Redevelo�ment and PUD Districts. ? SDrinkler s}t,gtems shall be reauired in buil_�ing� With a�►,ross area less than 10, 000 s9Lare feet i f a m� ni mum of 20 sQ,uare feet of oDeninA_ ove �rade for each 50 lineal feet of Wall on at least one side of the struc��r is not _provided. � Sprinkler systems sh,�ll be reauired in every building herei ter ereetea,, constr.�eted or altered and Whieh the ag�reQate f1�9r �rPa exeeedq $,, 500 sauare feet and said building i a ln�a+.P�r i n an R_� Distri et . 4 A21 buildinas construeted of TyDS I or II F R as defined bv the Un�form Bu>>d�n� Gode maY increase the floor area bv �00 nereent. 5 All s�rinkler gystems reauired by this ehaoter aha>> �e constructe� in annnrciannA �;r_�± ��o U�v9 Std #1� entitled. "Snrinkler Svstems". 6v 205•073 LOT REQUIREMENTS AND SETBACB.S 4. Setbacks. B. Side Yard: (3) Corner Lots: (a) The side yard width on a street side of a corner lot shall not be less than seventeen and one-half (17.5) feet. (b) When the lot to the rear Qf a corner lot has frontage along a side street, no accessory building on �,�h� corner lot xithin twenty-five (25) feet of the common property line shall be eloser to said side street than thirty (30) feet; provided hoWever, that this regulation shall not be interpreted as to reduce the buildable Width of a corner lot to less than tWenty-five (25) feet. - 205•074 BUILDING REQUIREMENTS 3. Basement. Al1 one-family dwellings constructed on vacant lots, as of January 1, t983 shall have a basement exceot if located in a floo�_�lain area. 205.086 PERFORHANCE STADIDARDS 1. Parking Requirements. !�l//E�tt�z�ri�/Y��Xiri�al k�l��f�� +��Ir�)��tt��p��#��v�y#¢�A t¢ri:��i�K��ir�#�� k�)//�9/P�l'��AB/��t��/��/�f/�9�t��/#P/��Y/F9��9A/Q�/��f T�AK#��/�l'9A�/Yi�YS�//f��fP�/9�/�/��#YfY�Y/9i'/��N��f�/P�3'�#PB iA��/��i9Y��/1�Y/k�f/��Y!/�A�/i��/��/�/9��P��YWs/�p/k�l'��/k�% ��/1�99�/��f/�#��/��9P�1'�Y/�#��/��/��/�8��/�9/�Y/��A� PT9��l'kY/91+A�1�• A. �a� An existing one and one-half (1-1/2) stall garage for each d�elling unit shall satisf�r the off-street parking stall requirement. 205.121 DSES PERHITTED 2. Accessory Uses. - . - - � . . . . � � - - _ . . . - . . � - •.! -}• - • u -� n� • •� ,�• _��- - - _ --u-� 1 }- .•• •• - �• - �u-� •�• 6 �1 205.131 IISES PERMITTED 3. Uses Permitted With a Special Use Permit. I. Exterior storage of materials and eQuivment. 205•1$1 USES PERMITTED 3. Uses Permitted With a Special Use Permit. H. Exterior storage of materials and eauioment. 205•151 IISES PERMITTED 3. Uses Permitted With a Special Use Permit. H. Exterior storage of materials and eauipment. 205•161 USES PERMITTED 3. Uses Permitted With a Special Uae Permit. C. Exterior storage of materials and eauioment. 205.181 USES PERMITTED 1. Principal Uses G. ReDair Garage. H Automobile Service Station. 2. Accessory Uses. G BLS{ness siAns for uses nermitted. 3. Uses Permitted With a Special Use Permit. j Exterior storaee of mat�r ai ls• 205•182 USES EXCLDDED 5. Nuclear �� Ha��tt`��d� �6�(�x! processing or storage facilities. PASSED AND �DOPTED BY THE CITY COONCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1983• NILLIAM J. NEE - Mayor ATTEST: SIDNEY C. INMAN - City Clerk Public Hearing: - First Reading: Second Reading: Publication: 6X .�• � � � « . •�•r� • « •��• � i� � •. �. .�. a � a�� •��• • • •�� • i� •�� • � r � « •. �. •�. � • n ��i � r. a r �lE CITY OOLTNCIL OF �iE CITY OF FRIDLEY DOES ORnAIN AS FOLI�IS: 906.01. ADOPTION OF OODE The substantive general ordinances of the City of Fridley, Minnesota are hereby codif ied; the codif ication is in book form, entitled "�]unicipal Code of Fridley, i�linnesota", and consists of chapters and sections, separately nur�bered in a decimal system with certain chapter and section n�mbers reservec3 for future use and expansion of the Code, as well as an appendix and index thereto. Any matters as may be contained in the appendix or index are incluc3ed for purposes of information and reference only and are of no substantive ef fect except where and unless the Code itself specifically incorporates the same by reference. 906.02. SfiO�tT T�.F For brevity hereafter the hlunicipal Code of Fridley, �iinnesota is sometimes referred to as "this Code" or "City Code"; and any use of the tern "this Code" or "City Code" means the Municipal Code of Fridley, Minnesota unless the context clearly requires another meaning. • i . � • �+- • • «�+• • � • • � � • �� This Code in the original enactment includes all substantive ordinances of a general nature up to and including Ordinance No. 795, passed on Decer,iber 5, 1983. All substantive ordinances of a general nature up to and including Ordinance No. 795 are repealed and replaced by the enactnent of this Code. 906.04. S�7BSDQUII� ORDIl�ANCFS Any ordinance passed after the effective date of this Cale shall be �ssed as a recodif ied Chapter to this Code (unless it is of limited or sgecial application or is otherwise deemed not to be a part of this Code). Such recodified Chapter, amendment, addition or deletion shall be made a part of this Code as hereinafter provided and directed by the City Council. 906.05. �]SDCUTIVE NUA'�IItING ZO OO�TPII�UE �e present consecutive chronological n�mbering of all ordinances as are passed shall continue without regard to their subsequent inclusion within this Code, but each orninance which is an amenc�rent or ac3dition to the Ca3e shall specify the amenc�ment or addition. .��. � • •� � SHO�tT TITLE . �,. . � «�+• • � ��•� � • « � : �• �, ••� � • M •• �• �: �+• � • •� � 7 906.06. AAIIV[1AL REVZSIOtZS �is Code is printed and loosely formed and is kept up-to-date by the regular insertion of recodified pages containing all amendments, repeals or additions to the Code. For convenience, the volume includes, in addition to the riunicipal Code of Fridley, Minnesota, a table of contents, appendixes and � canplete subject matter index. The Council, with the advice of the City Attorney, sh all make arrangements periodically for the editorial work and printing necessary to prepare revised and additional pages as necessary to keep the vol�ne u�r-to--date as nearly as reasonably possible at all times. 906.07. PRF�IIZVATION OF ExISTII�]G RIQ3'I5 �e repeal of any ordinance or portion thereof by addition to this Code or any subsequent anencfi�nent, repeal or addition thereto does not affect or impair any act done, right vested or accrued, or any proceeding, suit or prosecution had or camanenced in any cause before such repeal takes effect. E�ery act done, right vested or accrued, or proceeding, suit or prosecution had or commenced, re�nains in full force and effect to all intents and purp�ses as if such repeal had not taken place. No offense co�¢nitted, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to repeal of any ordinance or any gart thereof, by this Code or subsequent ar�endment, repeal or addition thereto, is discharged or affected; and the prosecution and suit of any such offense, liability, penalty or forfeiture may be instituted and proceeded with in all respect as if such prior ordinance or part thereof had not been repealed. 906.08. PUBLICATION ArID EFFECTIVE LIATE A copy of this Code has been on file and open for public inspection in the office of the City Clerk for a period of at least three weeks prior to its additions, c;or,vnencing on the first day of December 12, 1983. 906.09. (7JDE P'ERASANII�TILY ON FILE A cop� of the Code shall be permanently on f ile and open f or publ ic inspection in the offioe of the City Clerk in the City of Fridley. Notice shall be given in the official news�xiper for at least two (2) successive weeks that copies are available in the City Clerk's offioe for inspection or purchase. 906.10. PRIMA FACIE Et7IDIIVCE Zl�e Municipal Code of Fridley, riinnesota, shall be prima facie evidence of the law of the City. 7A �� REVISIONS PRF�F�IATION OF EXISTIIJG RIGHZS PUBLICATION AI�ID EFFECTIVE L1piTE O�DE PERt�Ni��JILY ON FILE PRIMA FACIE ESIIDF�NCE PASSID AI�ID ADOPTID BY �lE CITY OOUNCIL OF Z%iE CITY OF FRIDLEY �IIS I�AY OF , 1983. ATI�ST: SIDNEY C. II��IAN - CITY Q�ERK First Reading: Nwer,�ber 21, 1983 Second Reading: Publish: 2/8/3/13 I , WILLIAtI J. NEE - MAYOR 7B : CITY OF FRIDLEY CHARTER COMMISSION MEETING, OCTOBER 20, 1983 CALL 70 QRDER: Vice-Chairperson Treuenfels called the October 20, 1983, Charter Comnission meeting to order at 7:35 p.m. ROLL CALL: Mer�bers Present: Members Absent: Others Present: Mr. Treuenfels. Mr. Betzold, Mr. Peterson, Mr. Commers, Mr. Schmidt, Mr. Nelson� Mr. Pierce, Mr, van Dan (left 7:50 p.m.) Ms. Jackson Mr. Starwalt, Mr. Stouffer, Mr. Pinks, Ms. Kindom, Ms. Maertens Ms. Hendley Bill Hunt, Administrative Assistant APPROVAL OF SEPTEMBER 15, 1983, CHARTER COMMISSION MINUTES: MOTION by Ms. Jackson, seconded by Mr. Commers, to approve the Sept. 15, 1983, L�er Commission minutes. Upon a voice vote, all voting aye, Vice-Chairperson Treuenfels declared the motion carried unanimously. 1. OLD BUSINESS: a. Copies of Materials sent to Attorney on Sections 6.01, 6.02 and 6.04 on Oct. 5, 1983, and Reply from Attorney dated Oct. 17, 1983 Mr. Hunt stated Sections 6.01, 6.02 and 6.04 were scheduled for the second reading on Nov. 7, as arr�ended by the Charter Camnission. MOTION by Mr. Peterson, seconded by Mr. Commers, to accept the letter an3—material sent to Mr. John Terpstra, Attorney, on Oct. 5� 1983, and Mr. Ronald Black's reply letter dated Oct. 11, 1983. Upon a voice vote, al] voting aye, Yice-Chairperson Treuenfels declared the motion carried unanimously. b. Material from Susan Jackson on Section 5.15 for Discussion Ms. Jackson stated the Corrmissioners had received a copy of Sections 5.13, 5.14, and 5.15 of the City Charter and her proposed change for Section 5.15, Filing of Petition. She stated this is relative to recall of elected officials. Section 5.15 reads as follows: 0 C� 8A CHA2TER COHMISSION MEETING, OCTOBER 20L 1983 _____PAGE 2 "Within 30 days after the filing of the orSginal certificate. the committee shall file the completed petition in the office of the city clerk. The cit clerk shall examine the etition within the next five days, an if he in s _i�t_ ��r__r.�e. �u ar n an way, or fin s that the number of si ners is el ss than 5 er cent of the total number of registere voters of the city� he shall so not�y one or more members o� t�ie co�mittee._ � Ms, Jackson stated the question she had was: Why did the total registered voters of the city have the power or the decision of recall over elected officials in a particular ward? Theoretically, all the voters in Ward 2 and 3, for example, can sign a petition to recall a council person from ' -� Ward 1...:She stated she was recommending the following change to replace the underlined portion of Section 5.15: "The City Clerk shall examine within the next five days. If he finds it irregular in any way. or finds that the number of signers • is less than 25 per cent of the total number of re istered voters of the Nard (s � represente�by -tTie e�ecte3 o i c a, e s a so no it y one or more memTers o�—tTie committee: r Mr. Pierce stated he found nothing wrong with the fact that all of one ward can call for a recall of a council person from another ward, because that literally calls for an election and the voters of that ward can still decide whether or not they want that council person. He stated there was another side to the coin, and that was where a council person might make an unpopular sewer decision in a ward and 25% of the people in that ward become angry enough to force a recall election when actually the other people in the city might well agree it shouldn't be. It seemed to him to be more difficult to bring about a recall election by having the whole city involved than it would be by getting 25% of the voters of a ward. Maybe that is more desirable. Maybe it shouldn't be so easy to get a recall. Mr. Peterson stated he thought each official should be responsible to the political subdivision which elected him/her. He thought the follow- ing change wou7d help the wording problem: "....of the total number of registered voters of the political subdivision represented by the elected official". He did not think voters in other wards should get involved in a recall process, either initiating it or stopping it. He stated he liked Ms. Jackson's suggestion. Mr. Pierce stated he thought they sometimes place a little too much emphasis on a person representing a ward. The oath the council people take indicates they serve the city. Most of the decisions made by the Council involve the city, and many of the decisions they make that affect residents in a ward often should be made administratively, rather than through a legislative process. He just felt they were members of the City Council from a ward, more than they were representing the interest of the wards, and he would like to promote that. � CHARTER COh1MISSION MEETING, OCTOBER 20, 1983 PAGE 3 Mr. Peterson stated that if that was true, then all the council people should be elected "at large" and not have any political subdivision. He thought if the residents of a ward want to have a recall election, it sho�ld be their privilege and the other wards should not enter or aid that particular recall. Mr. Betzold stated he questioned whether any recall election that was initiated to remove someone who was not even a member of your own ward would be successful. He stated he would support the change suggested by Ms. Jackson, but if it didn't go through, he did not think it would ever be successful. If a council person was to be recalled by the other part of the city and it was brought to court, he thought this part of the code would be thrown out. - Mr. Commers suggested raising the percentage from 25� to 30�. Mr. Peterson stated he liked the 25�, but another way to strengthen this would be to increase the number of electors who have to agree on the recail petition� because those are the people who initiate the recall. By increasing the number of the committee of electors from 5 to 10 would make a recall far more difficult. If a council person was doing a bad job, there would probably be 10 people who would do it; however, they probably wouldn't if it was just for a nuisance-type of thing. Ms. Jackson stated the exact wording of the "Recall Petition" was included under Section 5.14: "Proposing the recall of from his office as which recall is sought for t e reasons set forth in the attac e certificate. This movement is sponsored by the following committee of electors: (names and addresses of 5 electors)" Mr. Comners stated he still could not see any reason to make it more difficult. It is already difficult to have a recall. Mr. Commers stated the 5 electors can be anyone throughout the city, and they can go into the ��ard and get signatures from 25� of the people in that ward. Since 5 people can be from anywhere in the city, maybe it should be increased to 10. Mr. Nelson stated that if they took 25% of the approx, figure of 15,000 registered voters in the city, that would be 3,750 people (approx. 1,250 people per ward). That is a lot of people, and he did not think they would go through an exercise like this. Mr. Comners asked how many people voted per ward in the 7ast election. Mr. Hunt stated he thought the total number of votes was only around 1,400 in the primary. 8C CHARTER COMMISSION MEETING, OCTOSER 20, 1983 __ PAGE 4 Mr. Pierce stated if he was the only person raising an objection,he would be willing to agree to it if they changed it from 5 electors to 10 electors. Ne agreed that even with 5 people, it was going to be difficult. Mr. Peterson stated that in their discussions, there seemed to be a fair amount of concensus on Section 5.15, but he would be more comfortable if Section 5.13 could also be reworded to bring the two sections into conformance before he would vote on one or the other. Mr. Nelson asked what the definition of "elector" was in the Charter. Mr. P�erce read the following definition of "elector" from Webster's New World Second College Edition, 1982: "A person who elects, specifically, a qualified voter." Mr. Comners stated there might be a distinction between a"qualified" voter and a "registered" voter. Mr. Peterson stated maybe they should use the term "registered voter" all the way through to be consistent. Mr. Treuenfels stated that in Section 5.13, it just specifies any 5 electors or registered voters. It does not specify the political sub- division. Ne thought that in order to clear up that possible ambiguity, they might want to think about specifying just what political subdivision they are speaking of. Mr. Nelson stated that in order to review this, he thought they should get an up-to-date copy of the Charter, incorporating all the changes to date. MOTION by Mr. Peterson, seconded by Mr. Nelson, to continue discussion of Sections 5.13 and 5.i5 at the next Charter Corrmission r�eeting and to request the following information: 1. definition or clarification of the word, "elector" 2. an updated copy of the Charter. Mr. Betzold volunteered to serve on the committee with Ms. Jackson to work on Sections 5.13 and 5.15. Upon a voice vote, all voting aye,Vice-Chairperson Treuenfels declared the motion carried unanimously. 2. NEW BUSINESS• None 3. OTHER BUSINESS: a. Next Meeting - Thurs., Nov. 17, 1983 (last meeting of 1983) CNARTER COt1MISSION MEETING, OC706ER 20, 1983 PA6E 5 b. Set Meeting Dates for 1984 Mr. Peterson stated that at the Nov. 17th meeting� he wou]d like the Commission to th�nk about alternative meeting dates, because in previous years they have�moved the dates t� try to accomnodate the greatest number of inembers. �laybe now the third Thu'rsda'y is� no longer �he best date. He would like to suggest Monday as a possible meeting day. The third Monday was best for him. Mr. Hunt asked each weeks would be best he would contact th ADJOURNMENT: member at the meeting to indicate to him which days/ and which days/weeks created a conflict. He stated e other members not present at the meeting. MOTION by Ms. Jackson, seconded by Mr. Betzold� to adjourn the meeting. Upon a voice vote, all voting aye.Vice-Chairperson Treuenfels declared the Oct. 20, 1983, Charter Cortmission meeting adjourned at 8:45 p.m. Respectfully submitted, ' �-� ynn Saba ' Recording Secretary .� � FOR CONCURRENCE BY THE CITY COUNCIL 9 S I GN ORD I ��.4NCE - I Pl .aGE�l�,4 PACKETS IJE HAVE REVISED THE SIGN ORDINANCE, CHAPTER Z14, TO FACILITATE ITS ENFORCEMENT AND HAVE INCORPORATED - THE CHAPJGES WHICH HAVE BEEN MADE IN THE PAST� WE RECOM��IEND THE CITY COUNCIL DESIGNATE THE PLANNING COMMISSION TO REVIEW THE CHANGES. / T►+s ciT� os �-.�. � v " DIAECTORATE OF PUBLIC WORKS �' � . ._._-- - DATE November 14, 1983 FROM D.P.W. �ohn Flora SUBJECT Widening of Highway �65 Approach Lane _ _ . TO Nasim Qureshi, Ci , � .• . 10 �o I = MEMOAAN[�UM ACTIONI INFO• The Minnesota Department of Transportation plans on widening the westerly approach lane from Highway #65 to I694 next March. �There is sufficient right-of-way available and this project will not require any cost participation by the City. Recomrnend the City Council appr•ove the plans for the improver.ient and authorize the attached resolution. JGF/de .: I 0 RF50LUTION N0. _ — 1983 RESOLUTION APPROVING THE MINNESOTA DEPARTMENT OF TRANSPORTATION PRELIMINARY LAYOUTS FOR WIDENING TH 65 BE'IWF.FN �i 694 AI�ID WEST MDORE I�Ai� DRIVE WHERF�S, the Corunissioner of the Department of Transportation has prepared a preliminary layout for the inprovement of a part of Trunk Highway Number 5 renunbered as Trunk Highway No. 65 within the corporate limits of the City of Fridley, from T.H. 694 to West Moore Lake Drive; and seeks the approval thereof, and WHIIZEAS, said preliminary layouts are on file in the Offive of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 1 S.P. 0207-47 (65=5) from T.H. 694 to West Moore Lake Drive. NC7��T, THEREFORE, BE IT RESOLVID that said preliminary layouts for the improvenent of said Tri.mk Highway with the corporate limits be and hereby are appraved. , PASSID ArID ADOP'i'ID BY Z4iE CITY �LTPICIL OF �iE CITY OF FRIDLEY THIS L1AY OF , 1983. WILLIAM J. NEE — bfAYOR AZ'I'FST : SIDNEY C. INtIAN — CITY Q.�tK aa/s/1�/is 10 A ��"�-�0�, � '� < �� ,� �f T� Minnesota Department of Tr�ns��ortatia� District Five 5801 Duluth Street Golden valley, I�9innesota 55422 (612) 545•3761 October 7, 1983 . Mr. Richard N. Sobiech Fridley Public Works Director 6431 University Avenue NE Fridley, MN 55432 Re: SP 0207-47 (TIi 65) Layout Transmittal Dear Mr. Sobiech: Please find attached two Mn/DOT staff approved layouts for SP 0207-47 and two sets of approval forms. The project was developed to minimize congestion on TH 65 and facilitate traffic management on I-694. It is progra�ned for a March 1984 letting. — —�_.._. —_� The project will not require cost participation by your City or additional right of way. The approval forms are attached for use at your discretion. Final plans and specifications will be submitted for City approval when available. If you have any questions or require further information, please contact me at 545-3761, extension 156. Thank you for your cooperation in this matter. Sincerely, � � �C \ �Aj i _ _�� -� / �i Robert S. Brown, P.E. Project Manager Attachment RSB:bn An Equal Opportunity Employtr �° i 10� f�; . - �+�~ ��'' � �' � '' � :' . . � �. ,r �-' � • • f � � �. � � , . ,' / . s � � r a I V 1 Y / •` � � � � ' � S 1 �' • S � 1 r� �� i - - •- - - - . . !f:\. �€ � _ • . � � ; \� � _ 1 r ,�' � �'��' _ � - � � � •• /, � --_-__�� ` r - ---- -- � ' _,! � � ,� . •� � � � � • 1 ' � T < . 1 � � T � • I: :+ � _ � � ' � � : ,�•. � . = K � a ,� � .-. . e �, 7i • i r � B • , ,+ ` � � i 1 + ' ' 1 t t t � � • ! ' ' �� ' i � � ~0qr �_. ./. `"�\4•�, }�\ � �� ' '1 ; . � � . - . I— _ - � � � ' i �@r !` �[ �� .. i• � � '' � �� ;� `4 -� � � � � � N � W r r � a �z m � 0 m � 1� IZ . �, �' + ,-� �� v ��n a ��fl � ° N ��; m � � 0 z :! � �� i� � � I' _/ � � � r�� ; lo c % / c sod • /r' O'� . f • � ♦ 1.• ' •r � � O m z z c� -i "� � n n r N m � � 0 Z T..� c�T� w FRI L Y 0 t�lRECTORATE � F PUBLIC WORKS DATE November 30, 1983 fRO�t D.P.w. John G. Flora SUBJECT �'� Six Cities Watershed Management I" Organization a oo�- o• �D �' ; r_ _ _� 11 MEMOiaANDUM � TO Nasim Qureshi, City Manager ACTION� INFO. The attached Joint Power Agreement has been prepared by the appointed task force made up of representatives from Blaine, Columbia Heights, Coon Rapids, Fridley, Hilltop and Spring Lake Park. This Agreement establishes the Six Cities Watershed Management Organization responsible for complyin9 with the Minnesota Statute Section 473 on • Surface Water Management. 7he Agreement provides the mechanism for estab]ishing a Watershed Management Organi2ation and controlling the surface water quantity and quality. Recommend the City Council approve the attached Agreement and the attached resolution authorizing the execution of the Six Cities Watershed Joint Powers Agreement. Associated with the establishment of the Six Cities Watershed Management Organization is Lhe identification of boundaries. WiLhin the City �f Frid�ey there is an area between I.694 and Columbia Heights and Matterhorn 1lvenue and New Brighton that is currentiy within the Rice Creek Watershed District boundary. This area actually receives surface water runoff from Columbia Heights and Fridley and ends in a sink hole without an outlet. This area has been inappropriately placed within the Rice Creek Watershed Oistrict and is correctly within the Six Cities Watershed Management Organization. • Recommend the City Council approve the redesignation of this area and the attached resoiution withdrawing it from the Rice Creek Watershed District. JGF/jz 0 Y RESOLDTION �0. - 19g3 RESOLUTION AUTHORIZING THE EXECUTION OF THE SIZ CITIES WATERSHED HANAGEHENT ORGANIZATION JOINT POWERS AGREF�lENT WHEREAS, the Minnesota legislature requires the establishment of surface xater management organizations; and NHEREAS, the easterly aide of the Qpper Nississippi River Region does aot have an established Kater management organization; and WHEREAS� the City of Blaine. ColumDia Heights, Coon Rapids, Fridley� Hilltop and Spring Lake Park have agreed to join together to establish a joint po�ers agreement; and ii}�IEREAS, this joint powers agreement establishes the Six Cities Watershed � Hanagement Organizatioa which complies with Lhe legislative requirements. NOW, THEREFORE, BE IT RESOLVED, Dy the City Council of the City of Fridley� County of Anoka, that the City of Fridley enter into the Joint Powers Agreement establishing the Six Cities Watershed Management Organization� and BE IT r'URTHER hESOLVED that the Hayor and City Nanager are authorized to execute the Joint Powers Agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF . �983- iiILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERK 2/S/17/21 11 A � RgSOLQTION N0. - 1983 RESOLUTION WITHDRAWING AN AREA WITHIN THE CITY OF FRIDLEY FROM THE RICE CREEK IiATERSHED DISTRICT AND PLACING IT MITHIN THE SIX CTTIES iIATERSHED MANAGEMENT ORGANIZATION i1HEREAS, the area generallq bounded by interstate I.69� and the City of Columbia Heights and Matterhorn Drive and the City of Nex Brighton is Within the Rice Creek �latershed District; and WHEREAS, the surface water run off from the City of Columbia Heights and Fridley drain to a pond xithin this area; and WHEREAS� this pond has no outlet from the City of Fridley; and _ 1iHEREAS� the Six Cities iiatershed Management Organization has been established to manage the surface �ater within the adjoining area that is aot �ithin the Rice Creek Watershed jurisdiction; and WHEREAS, the City of Fridley is a member of the Six Cities Watershed Management. NOW, THEREFORE, BE IT RESOLVED� by the City Council of the City of Fridley, County of Anoka, that Lhe area bounded by Interstate I.69u and the City of Columbia Heights and Matterhorn Drive and the City of Nex Brighton be withdraun from the Rice Creek iiatershed District boundary; and BE IT FURTHER HESOLVED that the area be incorporated into the Six Cities Watershed Hanagement Organization boundary area. PASSED AND ADOPTED BY THE CITY COUNCII. OF THE CITY OF FRIDLEY THIS DAY OF , 1983• WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLER% 2/8I17/22 11B .�-'�` - - - 11 C � � �.� ' . ` � - --- � . . � • a .. �-_----- . .� • �. r � • � r�n.•�.r� * S� � �~ r `� a! \'� s o�p r � • � �.� �.��s . w i S y � G Y 7 g s i ' d� � . ` A.. ► 4 . . . . 1 . f ` � ; , '� � b � • S� �"'a � . � .'� � J- _` s� � : 0 � . � w a w � s . �, �o � � f . F' « ~ / ♦i7�it ! 4 �� '•— — "'�-- � �' � �w� 'as �e ---� � �. P. N o : • ^ : . . . � V �': V � O ` + • '�; i �` � �_b r`''+. _� . � \ � • \ l +v.,�• �•—„A •�oM��a�� ; �� M10��1 ,"�,` . 0 lii�lt rtr�M�� :1 �t . � Il��t1t 7��1�• � tl • �,i.-_s � _____ _ 01111 � i � I � . . JODiT P(NERS �GREi?�!. i�/ 11 D This Agreement entered into as of the date of execuLion by and Detveen the Cities of: BI.AINE, COLUNIDIA HEIGHTS, COON RAPIDS, FRIDLEY. NII.LTOP� SPRING LARE PARR for the establishment of a watershed ■anagement organizatioa. WHEREA�� the cities to this Agreement have authority pursuant to Hinnesota Statutes Section k71.59 to jointly or cooperatively Dy agreement exercise any powers coamon to Lhe contracting Dodies pursuant to l�Iinnesota Statutes SecLion 47 3. 677 ; and w}iEREAS, the ciLies bound into this Agreement desire to prepare a surface Water managemenL program for Lhe purpose of management of the programs required Dy !!innesota Statutes SecLicns �73.8T5 to 473.883; 1�OW Tt?EREFORE, the parties to this Agreement do mutually agree as follows: SECTIO� I General Purpose 1.1 It is tDe genera2 purpose ot Lhe parties to this Agreement to establish an organization to jointly and cooperatively develop a Watershed Hanagement Plan and a Capital Imprcvemeat Program tor Lhe purpose ot preserving / — 1— • 1 and u�ing natural water atorage and retention systems in order to (a) reduce to the greatest practical eztent tDe public capital expenditure� aecessary to control excessive volumes and rates of �norr; (b) improve Water quality; (c) prevent flooding and erosion from surface flows; (d) promote groundvater recbarge; (e) protect and enhanee fish and vildlife haDitat and water recreational facilities; and (f) aecure the other Denefits associated with the proper management of surface vater. 1.2 Definitions: The folloving terms and xords are defined for use in - ;. • . � . - this agreement: (a) City - a municipality vhich enters into this agreement. (D) Governing body - the elected officials of the city entering into thi� agreement. (c) Zmprovement - construction projects xhich are either designed or affect the aurface xater flox and/or quality. (d) Necber - representative of a city appointed in accordance with this agreement Lo serve in the organizatioa. (e) Party - a city vhich executes and enters into this agreement. (f) Shall - is mandatory and not directory. SSCTI08 II Six Cities iiatershed Management Organizatioa Z.� �,Lablishrent: (a) There is hereby estaDlished tbe "Six Cities Yaterahed Hanagement Organization" whose membership shall be appointed in accordance �ritD Lhe provisions of this aection and rrhose duties shall be to carry out the purposes contained berein. II - 2 - 11E � I1 F (b) ?be Six Cities iiatershed !lanagement Organization shall De the parent organizatioa for the aiz aubdistricts identified aa Coon Rapids Vest wbich includes Coon Rapids; fleasure Creek including Blaiae and Cooa Rapids; Spring Brook Creek including Blaine, Coon Rapids, Fridley and Spring Lake Park; StonyDrook Creek includiag Fridley aad Spring Lake Park; Oak Clen Creek ineluding Fridley end Spring Lake Park; and CFH South including ColumDia Height�� Fridley and Ailltop as identified in ExhiDit �. (c) The Six Cities Hatershed Nanagement Organization, hereinafter refe rred �>:tio as�LDe "Organi.zation"� ahall De-eonstituted as described in Section 2.2. 2.2 Zlgnbershiv A�DOintm�ni: (a) The governing body of each party to thi� Agreement ahall appoint one representative to aerve a� a memDer of the Organization. Each member ahall have one vote. HemDership !n or representatives to the Organization shall De evidenced by resolution of the governing Dody of each party� filed vith the Organizatioa. (b) The appointed meaber of the Organization shall also be the designated member to the appropriate aubdistricL. 2•3 d.lternate Meabers: One alternate member to the Organization ahall be appointed Dy appropriate resolutioa of the governing body of each party Lo thia Agreement and filed with the Organizatioa. The alternate may attend any IDeeting of the Organization and� vhere the regular member is absent. vote on behalf of the party the member represents. If an Organization memDer is also an officer of the organization, the elternate ahall aot be entitled to aerve as auch officer. 2.� Tgrm: The members of the Organization ahall not bave a tixed term Dut shall serve at Lhe pleasure of the governing bodp of the party appointing � auch IDember to the Organizatioa. / '. —3— 2.5 Y?�ancies: A vacancy ia tLe Organization shall De filled Dy the governing body of Lhe party vhose memDership position in the Organization ia vacaat. 2.6 �g�ensation and ExDenses: The Organization memDers aball not De entitled to compensation or reimbursement for expenses incurred in attending meetiags, except to tDe eztent that the governing Dody of a party might determine to compensate or reimDur�e the expenses of the member it appoints, in which case the obligation to make auch payments ahall be that of the party and not that of the Organization. 2.7 Otficers: The Organization ahall elect from its membership a chair, a vice-chair� a eecretary and a treasurer and auch other officera as it deem� necessary to reasonaDly carry out the purpose� of this Agreement. �1i aucn officers ahall hold office for a term of one year and until their auccessors have been elected and Qualified Dy the Organization. An officer may aerve only while a member of the Organization and may De re-elected to an office. A vacancy in an office shall De filled from the memDer�hip of the Organization by election for the remainder of the unexpired term of auch office. 2.8 Qi�orum: A majority of all voting members to the Organization ahall constitute a quorum� but less Lhan a quorum may ad�ourn a�cheduled meeting. 2.9 j�eeti�s: Regular meetings of the Organization shall De established Dy the Organization. Special meetiags may be held at the call of the chair or by any tWO members giving not less than forty-eight (48) bours Written notice of tbe time, place and purpose of such meeting delivered or mailed to the residence of each Organization member. All aeetings of the Organization are aubject to Ninnesota Statutes Section 471•705 and ahall be coaducted ia accordance with RoDerts Rules of Order.' - 4 - 11 G 2.10 Oraanization Office: The office of the Qrganization shall De determined by the Organization oa aa annual Dasia. Organization ahall De delivered or aerved at aaid office. SSCTIOIi III Po�ers and Duties All notices to the 3.1 IIpon execution of this Agreement by the partiea� the OrganizaLion ohall bave the authority as follo�a: A. B. C. D. The authority to prepare and adopt a 1latershed Management Plan meeting the requirements of Nianesota Statutes Section 473.676• Tbe suLhoriLy to reviex and approve local water managemeat plans as provided in Minnesota Statvtes SecLion 473.879• The anthority of a Watershed District under Minnesota Statutes� Chapter 112, to initiate and complete capital improvement pro�ects and regulaLe the use and develoDment of the land when issues cannot De resolved at the aubdistrict level. Other powers aecessary to exerci�e the authority under clauses A through C including the poxer to enter into contracts for the performance of tl�nctions With governmental units or persons. 3.2 Subdistricts: (a) Each member of a aubdistrict ahall advise the oLher meabers vithin the subdistrict of any changes to the Local ilatershed Management Plan or changes in land u�e or zoning involving more than one acre. Aesponses xill be suDmitted Within ten day�. approval. Failure to respond shall imply — S — 11H (b) The memDers of Lhe aubdiatricLs ahall attempt to resolve any disputes involving tne Watershed Hanagement Plan. If the isaue cannot be resolved. it vill be presented to the Organizatioa for decision in accordaace vith the provision� of Section 3.6 of this Agree�ent. (c) Disputed changes invo2ving vatershed management i�sues ahall Aot be consuamated until Lhe dispute is resolved. 3•3 F�*nlovIDe t�s The Organization may contract for aervices� may utilize existing staff of Lhe parties� and may employ auch other per�ons as it deems necessary. tiThere statP aervices of a party are utilized� auch services shall aot reduce the financial co�amitment of auch party Lo the operating fund of the Organization. iihere the utilization of ataff aervice� is aubstantial� auch services ahall reduce the financial com�itment of such party when the Organization so suthorizes. 3.� Co�ittees: The Organization may appoint auch committees and sub-committees as it dee�s necessary. 3•5 Rl�les and Rea�latio� The Organization may prescribe and promulgate auch rules and regulations as it deems necessary or expedient to earry out ita duties and the purposes of this Agreement. 3�6 gP�ter; and Reco�endatot� (a) Where the Organization is authorized or requested to revie�r� make recommendations, and/or resolve on any matter, the Organization shall act on such matter Within aeventy (70? days of receipt of the matter referred� unless the Organi2ation requests and receives from the referring party an extension of time to act on tDe matter referred. If the matter involves Works of improvement projects, the Organizatioa oay establiah a time limit for re�olution Lo allow tor appropriate engineering reviex and analysia. -F- 11 I (D) ithere the Organization makes recoa..mendations or decisions on any matter to a partq, Lhe governing Dody of a party choosing not to act 1n accordance xith auch recommendations or decisiona ahall aubmit a writtea atatemeat of ita rea�ons tor doing othervise to the Organization vithin tventy-oae (21) days of tbe Organizatioa's action. The Organization ahall revie� the written atatement and affirm or modify its recommendatioas or decisions �ithin tweaty-one (21) days after receipt of the xritten atatement. vote. (c) The decisions of Lhe Organization shall De determined by a five-sixths 3.T Financial Natter�: SuDdiviaion 1 - �thod cf Ofleration: (a) The Organization may tax and receive money, in eQuivalency thereof, from the parties in accordance vith Minnesota Statutes Sections 4T3.875 to �73.883� at the discretion of the parties and aaid funds ahall be due and payaDle on the date that ta�ces would normally De received by the Organization. (D) The Organization may apply for and receive funds from ar�y other aouree it may approve. (c) The Organization may incur expenses and make expenditures and disbursedents necessary and incidental to the effectuation of the purposes of this Agreement. Funds may De expended by the Organization in accordance �►ith procedures established hereia. (d) Orders� checks and drafts ahall be aigned by the chair or vice-chair and t�e treasurer. Other legal Snstruments shall De executed on behalf of the Organization Dy the cDair and aecretary. t / - 7 - 11 J Subdivision 2 - Q�erati�lg Fun �: On or before August 1at of each year. the Organization ahall prepare an operating Dudget for the folloWiag year for the purpose of provid3ng funds Lo vperate the Organization`a Dusines�. Annual administrative expense� ahall be Dudgeted and borne by each party in proportion to its current assessed valuation under Lhe �urisdiction of tbe Organization as compared to Lhe assessed valuation of all property under the �urisdiction ot the Organization. The Dudget �hall be recommended to the partie� for ratification only upon two-thirds approval of all � ':;voting members ot':the Organization. After approval by trro-thirds of the parties� the Secretary ahall certiiy► the recommended Dudget to the County Assessor on or before September t�L o1' eacb year. TDe Organization ahall receive the amount oWing through tazes unle�s a city reque�t� eeperate billing, vhereby Lhe Organization shall aotily the County Assessor of this change and obtain payment in Lxo equal installments; the first on or Defore January 1st and the �econd on or Defore July tat in accordance with the tax year for Mhich the amount due is Deing paid. SuDdivision 3 - �2st tor Aeviex �rvi�e�: (a) 1Jhen the OrganizaLion is authorized or requested to undertake a review, aubmit recommendations to a party or resolve an i�sue as provided in thia Agreement, the Organization ahall conduct auch revieu, without charge� excepL as provided belox. (b) Hhere the pro�ect aize and camplexiLy ot review are deemed bq the Organization to De extraordinary and aubstantial, tbe Organization may charge a fee for auch revie� services� tbe amount to De based upon direct and indireet coata attributable to that portion ot reviex aervices determined by the OrgaaizaLion to be eztraordiaary aad auDstantial. Mhere tbe Organization r - e- 11 K 11 L deteraines that a fee xill De charged for extraordinary and auDstanLial reviev aervice�� the party to be charged ahall receive written notice from LDe Organization of the aervices to De performed and the fee therefor, prior to undertaking auch review aervices. � (e) Unless the party to be charged object� vithin Lwenty-ene (21) day� of receipt of auch written notice to the amount of the fee Lo be charged� auch reviex services ahall De performed and the party �hall be responsible for the cost Lhereof. If the party to be charged oDjects to tne proposed fee for auch = -=-serviees within twenty-one (21).days and if Lhe party and Lbe Organization are - 3 .. . . . . . ' ... " . . . ~ unable to agree oa a reasonable alternative amount for reviev services, such ' extraordinary and nubstantial reviex serviees aball not De undertaken Dy the Organizatioa. 3.g �jn_�a_1 Accouni�: The Organization shall make full and complete tinancial accounting and report to each party annually. All of its books� reports and records shall be available for and open to examination by any party at all reasonable times. 3.g r.irr.o_ cr�nts.__L-oans: The Organization may, within the acope of thia AgreemenL, accept gifts, apply for and use grants or loans of money or other property trom the Onited StaLe�, Lhe State of Hinnesota� a unit of government or other governmental unit or organization, or any person or entity tor the purposes described berein; may enter into any reasonaD2e agreement required in connection therewitb; aball comply xit6 any laws or regulations appliceb2e tbereto; and ahall bold, use and dispose of auch money or property in accordance vith the terms of tbe gift� graat� loan or agreement relating thereto. 3.10 �ntracts: The Organization may make auch contracts aad enter SnLo any auch agreements as it deems necesaary to make effective any poxer granted to 0 - 9 - � � 11 M it Dy this Agreemeat. Every contract for the purchase or sa2e of inercbandiae, materials or equipment by tbe Organization ahall De let in accordance witb the Qniform Hunicipal Contractfng Lax� NinaesoLa Statutes Sectioa �71.3a5 and the Joint Exercise of Power Statute, Ninnesota Statutes Section Aq1.59• �o member or e�ployee of the OrganizaLion or Officer or employee of any of tbe partie� ahall De Qirectly or indirectly interested in any contract made Dy the OrganizaLioa. 3.11 �orks of IrrprovemenL: (a) Al1 capital improvement pro�ects affecting the adopted Watershed ?�Sanagement Plan ahall De revieved by the Organizatton to ,- insure Lhey are not in eonflict Witb the Plan. The Organization �hall act on aaid projects within aeventy (70) days. D) Pro�ects for protection and management of the natural resources of the Watershed Management Area� including but not limited to, improvementa to property, land acquisition� easement� or rights-of-vay. may be initiated by: t. SubdisLricts in which Lhe improvement is located; or 2. Recommendation of the Organization to a party or parLie�; or 3. Petition Lo the Organization by the governing Dody of a party or parties. (c) i�Then proJects are recommended bp the �ubdistrict, the parties involved With each subdistrict ahall endeavor to develop and agree on any pro�ects including the extent of the pro�ecL and Lbe financing. 1. If agreement is reacbed, one or the other of the parties shall design and cause auch work to be done and certity aaid costa to the Organization for certification to tbe County and/or billing to tbe parties inclvding engineerin8 costs, if ao agreed upon. - 10 - 9 11 N 2. It agreeaent cannot De arrived at amongst the �uDdistrict partie�, aaid project may De appealed to the Organization for resolve in accordance vitb the provi�ions of Section 3.6 ot this Agreement. (d) ithen pro�ects are recommended Dy the Organization� aad it determines that the Denefita from trie improvement will De local� or aot affect propertie� outside the boundaries of tbe party Sa which the improvement ia to be estaDlished� the Organization ahall recommend auch improvement to the party which the Organization determines will De Denefitted tbereDy� vith the total - estimated coat of the improvemeat and a de�cription of the benefits to be realized Dy aaid party. (e) i�R�en pro�ects are recommended by Lhe Organization� and it determines Lhat Denefits from the improvement xill be aubdistrict xide or realized beyond the Doundaries of Lhe party in vhich the improvement i� to De estaDli�hed� Lhe Organization nhall recommend euch improvement to each party xhich the Organization determSnes Will De benefitted thereDy. The recommendation of the Organization ahall include the total e�timated cost of the improvement� a description of the extent of Lhe benefits to De realized Dy each party and Lhe portion of the cost to be borne by each party in secordance vith the extent of the Denefit to each party as descriDed by the Organization. t. Each party to vhom the Organization submits auch recommendation shall respond within twenty-one (21) daya from receipt of auch recommendatioa. 2. All parties to xhom such recommendations are directed ahall ratity and undertake aaid improvemeat� or tbe Organixatioa shall resolve tbe iasues in accordaace vith tDe provisions of Section 3.6 of thia egreemenL. - 11 - 11 0 (f) lihen projects are Saitiated Dy tbe governing Dody of a party or partie� to this Agreement� aaid party or parties sball aubmit a petition to the Organization aetting forth a description of the propoaed pro�ect� the Denefit� to De realized by aaid improvement� ita total estimated coat and a proposed cooperative method for implementatioa of the improvement, if applicable. The Organizatioa ahall reviev and make recommendations on the proposed improvement and its complianee xith the Organization's management plan in accordance With the provision� of Section 3.6 of this Agreement. (g) ithen a proposed improvement �ay be eligiDle for federal or atate funds as a cost-shared project� the Organization may apply for said funds aub�ect to the Organization's ratification Dy five-�ixths of the member�. (h) The Organization la further authcrized to undertake experimental improvement projects within tbe Area to aerve as a basis tor evaluation of other improvements by the parties. When the Organization determines to undertake an experimental improvement project� it ahall follov the procedure outlined in Section 3.11(e). 3.12 Naintpnance of ImDrovenent�: (e) ?he Organization ahall levy taxes for the maintenance of facilities within the jurisdiction of one of the parties upon request of the governing body of aaid party. In addition, upon agreeaent Dy the parties within a auDdi�trict� in any manner agreed upon by said parties� the Organization ahall levy taxes within the aubdistrict as requested by the parties. (D) This Agreement ahall not preclude any aubdistrict's members irom eateriag into joint povers agreemeata for operation, �aintenance� or improvements within the aubdistrict to Lhe extent they do aot conflict xith rules, regulations, and the eapital improvement plaa of the Organizatioa. Such agreements ahall not require approval of the Organization. - 12 - 3-13 Znsurance: TDe Commissioa may purchase property and puDlic liability insurance as iL dee�s necessary. 3.1� �eneral: The Organization may take all auch othar actioa� as are reasonably necessary and convenient to carry out the purpoaea of this Agreement. SHCTIOA I� Arbitratioa �.1 The parties to this Joint Powers Agreeaent agree that any controversy that cannot be resolved Detween the parties and the Organization through the review and recommendation procedurea outlined berein ahall De aubmitted Lo binding Arbitration. The Uniform ArDitration Act (Hinnesota Statutes Sections 572.06 - 572•30) ia adopted Dy the Organlzation ns the suthority to De folloxed in �ubmitting all controversies to ArDitration. The results of the Arbitration shall be Dinding on the parties and the Organization. Arbitration shall be by a panel of Lhree arDitrators. The parties and Lhe Organization ahall each aelect one arbitrator to represent ita position in tbe controversy. The two arbitrators ahall Lhen aelect a third arbitrator, and in Lhe event they are unable Lo agree on a third arbitrator� either aide may petition the District Court to appoint a Lhird arbitrator. Thereafter, Arbitration shall proceed as outlined in the Dniform Arbitration •et. SBt.TIO/ T Termination of Agreemeat 5.1 This Agreement may De terminated bq approval of tvo-thirds vote of Lhe governing Dodies oP each party hereto� provided tbat all auch approvals occur vithia a ainety (90) day period. / - 13 - 11P SBCTI01 TI Di�solutioa of Organizatioa 6.1 Opon dissolution� all personal property of the Organizaticn ahall be sold aad the proceeds thereof� together vith monies on hand atter payment of all obligations� ahall be di�triDuted to the parties. Such distribution of Organization proceeds and monie� oa band ahall De made in proporticn to tbe total monetary contributions tc the Organization made by each party. All payments due and owing for operating costs under Section 3.7, SuDdivision 2. or - '"other unfulfilled tinancial obligation�� ahall continue to be the lawful oDligation of the partie�. 0 SBCfIO� �ZI Amendment 7.1 ?he Organization may recommend changea in and amendments to thi� Agreement to Lhe governing bodies of the partie�. Amendments ahall De adopted by a LWO-thirds vote of the governing Dodies of each party vithin ninety (90) days of referral. Amendments shall be evidenced Dy appropriate resolutions of the governing bodies of each party tiled �ith the Organization and ahall� if ao effective date is contained in the amendment� Decome effective as of the date all such filings have been completed. SBC?I01 �III Agreemeat a.� IN iiITNESS iIHEREOF, the parties hereto have executed this Agreement a� of tbe day of complete executioa bereof by the partiea. 0 - 14 - 11A City of Blaine By Mayor SEIIL Dated: B�' City lsana8er City of Columbia Heights By Nayor SEAL Dated: B3' -. ' > : � . City !!anager City of Coon Rapids By ' !layor SEAL Dated: BY City !'lanager City of Fridley By Mayor-Wil]iam J. Nee 11 R SEAL Dated: BY City Hanager-Nasim M. Qureshi City of Hilltop By 1�layor SEAL Dated: By City Clerk City of Spring Lake Park By Hayor r, SEIIL Dated: 3/i/2/9 By City Clerk —15— � � ..] s _ O H H < !d H � O � ' � N � � H � � � �o -.� � �d � t�.�t ►��o�Ci~i�100 H� �DZG.~.�►=i •+U .� OO��d V = fpG�L�i..SN K H � •. N � « v !- � � _ � R � 0 � H H h �r C � .. � h Fi � .. � J � � O � .�. 8 � � N I � � � M ` h v � � �I � R - - —a � s � v r. � _ h i ., a i i � � v � �vJ� M M ..i �as � � s t �r �v � �a w � � � � h s � ` %� � �� _ .. h � i v d d � f[�..��[ ♦.ac Gs 1� � f�. Q s w � h � H H q e�o 0 � n Q �1 ` � � � 0 Exhibit A 11S RESOLIITION N0. _ - 1983 RESOLOTION REQUESTING MODIFICATION OF FY 1983 JOBS BILL FROM ANORA COUNTY AND THE DEPARTMENT OF HOUSING AND IIRBAN DEVII.OPMENT WHEREAS, the City of Fridley has received authorization from the County of Anoka and the Department of Housing and Urban Development for the FY 1983 Jobs Bill project as submitted by the City Couneil of the City of Fridley; and WHEREAS, due to the denial of 202 project funds for the Moore Lake Elderly Project, the City Council has reconsidered its funding priorities for the FY 1983 Jobs Bill project; and WHEREAS� the City Council ia its efforts to serve the needs of the City has revie�ed additional projects for potential use of FY 1983 Jobs Bill Funds. NOW� THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the City's application for FY 1983 Jobs Bill Fund be modified as follo�s: Jobs Bill project - Moore Lake Elderly - Be removed as a project for FY 1983 - 202 Funding not approved. It is further requested that the follor+ing project be added to the City's application for Anoka County and the Department of Housing and Urban Development's consideration: North Area Drainage � Trail Improvement Project. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1983• WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERR 2/8/17/23 � �C I981 !O'D1[. QHG 1982 � �j� s�r Originnl Revised Adairtist.ering E7Nitorr.rntal CsLe Project Na�e Nu�ber Jma,v�t J1r�aatt AgPxy Reviev Ca-.pleted of Cmpletion mmients Center City Acz�. I 128 I 280r� I WA I Pridley �tA I J�r�e 19. 19H1 I Sepc. 29. 1981 I Pcoperty Aaquired I � I�� I �I I I I I Moore falce Z30 111,232 -� Pridley �t11 Not Caapleted Project Car�celed Failed to get 202 F�nds fran � 111exandra Boux 221 10,000 30,000 1►roka Oaaity 1�1/A C�pleted 1982 Renained the sene Aoquisition aa apprwed 2/1/82 Alexandza House 2?1 W1► 10,000 Moka Oaa�ty !yA Caapleted 1982 Appcoved revision ReAab, • after t230 vas dcopped on 1/24f82 Center CYty A�proved revision Aoquisition 226 WA 30,000 lri�ey ffitA W71 Caapleted 1983 after t230 was drq�ped on 1/2V82 Rrhab/HardloP 1►PProved revision Retro Pit/ Canmr�ity after t230 was Weatherizatian 229 WA 71.232 Action Prog. WA C�pleted 1963 dropped on 1/24/82 Bousing Aetrofit Ca�nity Shift of furds on i Hmtheriution 229 85,600 83,300 Action Prog. Ii/1► Canpleted 1983 8/9/82 for 504 study Nandicapped 5M study fia�ds - Amessibility City aE shifted fran f229 Study ti/A 2,500 Pridley !i/1► Canpleted 1983 m 8/9/82 10'D1L I � I 206rB32 I 206.g32 I QBG 1983 Econanic Dev. City aE Stndy/Center City 326 15�000 -0- hidley Traffic Study City aE Mooce Leke 329 7.000 7,000 Fridley Drainage Study City af Nort2� Area 329 7,000 -G- Pridley Setior Rwsing City d Rall Over Swdy 330 7,000 -0- tddley Putrlic Facilities City of Barrier Reooval 331 25,000 25,000 Prldley Barrier Raaaral City aE Loen Progr� 331 50,000 -0- Fridley Caenprcial Rehab. City af I.onn�Redevlpmt 332 �7,683 -0- Pcidley Hu�en Servias/ City aE Public F1a�ding 333 1�,631 17,631 Pridley Riverview Heights City af Aaq. Pzoject t�/A 115,100 Ftidley Marketing Material for Redevelopnent City aE District !�/A 11,583 Fiidley I I I �� I Jabs Bill -'83 Moore Iake IIder Iiacth Aren Dcaiaage L 1Yai1 Lcprwaoent � Project � � � 3/0/2V17 • — - --- 176,31� I 176,31� I 49,564 I � I City af Fzidley City cf p/11 �9.561 Pridley �9�56� � �9�56� � 1{/11 WA IZ/A N/�► Iti/A q/A �� aA Drop p�oject to add additiorel pcojecta No ehange in Rol� Dcop project to add additiorel pcojects Drop pcoject to add edditionnl P�o]�$ No change in pco�ect � DcoP P�oject to add additiorel projects Drop goject to add additioral projects No change in Projeet Na+ project added N/A Ne+ pcoject added ( I I Project 202 F�ading vas • Carrxlled rot approved I1ev project added �A 13 RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPI�NT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPNiENT ACT AUTHORI2ING THE SUBMISSION OF AN APPLICATION FOR APPROV�L OF THE PROJECT TO THE ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY OF THE STATE OF MZNNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATE RIALS IN CONNECTION WITH THE PROJECT (Integra-Built, II, Inc.) 41HE REAS � (a) The purpose of Chapter 474, Minnesota Stat- utes, known as the Minnesota Municipal Industrial Develop- ment Act (the "Act") as found and determined by the legisla- ture is to promote the we2fare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metro- politan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; (c) The City Council of the City of Fridley (the "City") has received from Integra-Built II, Inc., a Minne- sota corporation who will be a general partner in a Minne- sota limited partnership to be formed (the "Company") a proposal that the City assist in financing a Project herein- after described, through the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes hereinafter referred to in this resolution as "Revenue Bonds" pursuant to the Act; (d) The City desires to facilitate the selective development of the community, retain and improve the tax base and help to provide the range of services and employ- ment opportunities required by the population; and the Proj- ect will assist the City in achieving those objectives. The Project will help to increase assessed valuation of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the community; � 13a (e) The Project to be financed by the Revenue Bonds is an approximately 202 room hotel including banquet facilities to be located on the Northwest corner of the intersection of Interstate Highway 694 and Highway 65 in Fridley (the present 100 Twin Drive-In Theatre property) and consists of the acquisition of land and the construction of buildings and improvements thereon and the installation of equipment therein to be initially owned and operated by the Company, and will result in the employment of additional persons to work within the new facilities; - (f) The City has been advised by representatives of Company that conventional, commercial financing to pay the capital cost of the Project is available only on a '. limited basis and at such high costs of borrowing that the - economic feasibility of operating the Project would be sig- nificantly reduced, but Company has also advised this Coun- cil that with the aid of municipal financing, and its re- sulting low borrowing cost, the Project is economically more ,feasible; (g) A public hearing on the Project was held on December _. 1983, after notice was published, and materials made available for public inspection at the City Hall, all as required by Minnesota Statutes, Section 474.01, Subdivi- sion 7b at which public hearing all those appearing who so desired to speak were heard; (h) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly bene- fit financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act (Chapter 474, Minnesota Statutes), consisting of the acquisition, constr�ction and equipping of facilities within the City pursuant to Company's specifications suitable for the operations described above to be initially owned and operated by the Company and pursuant to a revenue agreement between the City and Company upon such terms and conditions with provisions for zevision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Revenue Bonds in the maximum aggregate principal amount of $9,900,000 to be issued pursuant to the Act to finance the acquisition, con- struction and equipping of the Project; and said agreement - 2 - 13� may also provide for the entire interest of Company therein to be mortgaged to the puzchaser of the Revenue Bonds; and the City hereby undertakes preliminarily to issue its Reve- nue Bonds in accordance with such terms and conditions; 2. On the basis of information available to this Coun- = cil it appears, and the Council hereby finds, that the Proj- ect constitutes properties, zeal and personal, used or use- ful in connection with one or more revenue producing enter- prises engaged in any business within the meaning of 5'ub- division la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the availability of the financing under the Act and willingness of the City to furnish such financing _ .�will be a substantial_inducement to Company to undertake the - �.' • Project, �and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent , chronic unemployment, to help the City retain and improve the tax base and to provide the range of service and employ- ment opportunities required by the population, to help pre- vent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community; 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Min- nesota Energy and Economic Development Authority or such other state officer having authority to grant approval (the "Authority"), and subject to final approval by this Council, Company, and the purchaser of the Revenue Bonds as to the ultimate details of the financing of the Project; 4. In accordance with Subdivision 7a of Section 474.01 Minnesota Statutes, the Mayor of the City is hereby autho- rized and directed to submit the proposal for the Project to the Authority requesting its approval, and other officers, employees and agents of the City are hereby authorized to provide the Authority with such preliminary information as it may require; 5. Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Authority will be paid by Company; 6. O'Connor b Hannan, acting as bond counsel, and Juran � Moody, Inc., investment bankers, are authorized to — 3 — 13 C assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provi- sions of the necessary documents and to submit such docu- ments to the Council for final approvalf 7. N othing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and pro- ceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of�the Revenue = Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding princi- pal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, incZuding interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limi- tation; 8. In anticipation of the approval by the Authority the issuance of the Revenue Bonds to finance all or a por- tion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as Company considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the part of the City; 9. It is further found, determined and declared that it is the present intent of the City Council to authorize the issuan�e and sale of the Revenue Bonds but the City reserves the right in its sole discretion to withdraw this preliminary approval of the Project if at any time the City Council determined that the public interest and the purposes of the Act will not be served by the Project. 10. This resolution is subject to the condition that within twelve months from the date of its adoption the City and the Company shall have agreed to mutually acceptable terms and conditions of a revenue agreement, the Revenue �� Bonds and of the other instruments and proceedings relating to the Revenue Bonds, and their issuance and sale. If such agreement does not take place within that time or any exten- sion thereof and the Revenue Bonds are not sold within such time, this resolution shall expire and be of no further force or effect. Adopted by the City Council of the City of Fridley, Minnesota, this day of December, 1983. Attest: City Clerk — 5 — Mayor 13D n,a c�� os FAi L Y ptRECTORATE OF PUBLtC WORKS OATE �ceinber 1, 1983 FROM D.P.W. B�b Norda � sue,,ECT Repair Work to Well No. 11 � .. � �•� . • �- � .. , . �•`,lf •i 14 M E M D R A N D U M TO ohn Flora, Public Works recto ACTION� INFO• In acco�dance with the Well Preventive Maintenance Program, three wells are scheduled to be pulled and repaired during 1984. The wells scheduled for 1984 are No. 6, 8, and 11. We have completed the specifications for repair of Well N�. 11 and are ready to advertise for bids. Specifications for repair of Wells No. 6 and 8 are soon to follow. 7he repair work will be completed by early spring of 1984, enabling the well system to function properly before the period of high water demand. The funds to complete the repair work are available through the Utility fund. To continue the schedule for proper well preventive maintenance, I recommend that the City Council approve the advertisement t� bid for repair of Well No. 11. If you need any further information, please iet me know. RN/jz 0 • � � RP50�.Vi'I0�1 I�A. — 1983 • �.�•: � • . � . �•� -•:• : ��_ REPAIR WORK TO WELL N0. 11 B�E IT RFSCH�VID by the Oouncil of the City of Fridley, as follows: 1. �at it is in the interest of the City to award bid contracts for the follawing itertu or materials. REPAIR WORK TO WELL N0. 11 2. A oopy of the specifications for the above described ite�ns and materials, together with a proposal for t2�e method of purchase and the payment thereof have been presented to te Council by the City Manager and the same are hereby approved and adopted as the plans and specifications, and the method of acquisition and payment to be required by the City with respect to the aoquisition of said itens and materials. 3. �e purchase of said items and materials as described above shall be effected by sealed bids to be received and opened by the City of Fridley on the 21st of December 1983 .�e City Manager is directed and authorized to advertise for the purchase of said items and materials by sealed bid proposals under notice as provided by law and the (fiarter of the City of Fridley, the notice to be substantially in form as that shown by Exhibit "A" attached hereto and made a part of by reference. Said notice shall be published at least twice in the official newspaper of the City of Fridley. PASSID AAID ADOPTID BY � CIZY QxJNCIL OF � CITY OF FRIDLEY TAIS 5th DAY OF December 1983. WII�IAM J. NEE — MAYQR A�TE�T: SIDI�EY C. II�N — CITY Q�C 14 A - :: • QTY OF FR�.Y BID I�lCE for REPAIR WORK TO WELL N0. 11 i�iIBIT 'A' The Ci�y Co�cil of the City of Fridley, Miru�esota wi11 acoept sealed bids for Repair Aork to Well No. 11 on the 21st of December 1983 tuitil 11:00 AM on said date at the Fridley City Hall, 6431 University Avenue NE, Fridley, Minnesota 55432 (telephone: 571-3450). All bids must meet the minimiun requiLanPnts of �the specifications. Fa.ilure to oomply with this Section can result in disqualification of the bid. Each bid shall be acoanpanied by a Certified Check, Cashier's Check, Cash oz Bid Bond and made payable without conditions to the City of Fridley, Minnesota, in an amo�a�t of not less than five peroent (5$) of the bid, which check, cash, or bond shall be forfeited if bic3der neglects or refuses to enter into oontract, af ter his bid has been accepted. Tl�e City reserves the right to accept the bid which is determined to be in the best interests of the City. �e City reserves the right to reject any and all bids and waive ar�y informalities or. technicalities in arty bid received without explanation. �e City Cotmcil also reserves the right to oonsider such factors as time of delivery or perf�rmance, experience, responsibility of the bidder, past performance, of similar types of itens or materials, availability of products or other similar factors that it may 3eterr�ine to be in the best interest of the City. Copies of the specifications and general conditions may be examined in the of f ioe of the Ruchasing Agent, or oopies may be obta.ined f ram his of f ioe. All bids must be submitted in sealed envelopes and plainly marked on the outsic3e with REPAIR WORK 7,g WELL NO 1L • Publish: ET; � y �n, December 7, 1983 December 14, 1983 Nasim M. Qureshi City Manager 14B RESOLUTION NO. - 1983 A RESOLUTION APPROVING AND AUTHORIZING SIGNING THE AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR 1983 WHEREAS, The Fridley Police Bargaining Association, as bargaining representative of the Police Officers of the City of Fridley, has presented to the Council of the City of Fridley various requests relating to the working conditions, wages, and hours of Police Officers of the Fridley Police Department of the City of Fr�idley; and WHEREAS, The City of Fridley has presented various requests �o the Union and to the employees relating to working conditions, wages and -�-hours of Police 0£ficers of the Fridley Police Department of the City � � of Fridley; and WHEREAS, Representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, Agreement has now been reached between representatives of the two parties on the proposed changes in the existing contract between tne City and the Union. NOW, THEREFORE, BE IT RESOLVED, By the City Council that the Mayor and the City Manager are hereby authorized to execute the Labor Acreement relating to working conditions, wages and hours of Police Officers of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1983 MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - SIDNEY C. INMAN 15 ,- � , ;� ��o�F ! � � { . � . �� a�,c�' �, Y _..� � POLICE DEPARTMENT City of Fridley M innesota DATE NOVEMBER 30. 1983 � FROM pUBLIC SAFETY DIRECTOR, J.P.HI SUBJECT POLICE CONTRACT - 1983 15 A MEMORANDUM TO ACTION" INFO NASIM QURESHI, CITY MANAGER X Enclosed is a resolution and a proposed labor agreement between the City of Fridley and the Fridley Police Bargaining Association for the 1983 contract year. The changes for 1983 are as follows: ARTICLE XVII INSURANCE Increased $20. per month, from $105 to $125. ARTICLE XXII WAGE RATES Increased 6$ over 1982 0 It is my recommendation that the resolution�and labor agreement be approved by City Council. JPH/sa / LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND FRIDLEY POLICE BARGAINING ASSOCIATION 1983 �.5 B r. � � TAELE OF CO�TENTS ART]CLE I - PURPOSE OF AGREEM�ENT . . . . . . . . . . . . . . . . . . ARTICLE II - RECOGNITION . . . . . . . . . . . . . . . . . . . . . . ARTICLE III - DEFINITION . . : . . . . . . . . . . . . . . . . . . . . ARTICLE IV - Et•�PLOYER SECURITY . . . . . . . . . . . . . . . . . . . ARTICLE V - EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . . . ARTICLE VI - UhiOh SECURITY . . . . . . . . . . . . . . . . . . . . . ARTICLE VIl - EFiPLOYEE RIGHTS - GRIEVANCE PROCEDLRE. . . . . . . . . ARTICLE VIJI - S�VIhGS CLAUSE . . . . . . . . . . . . . . . . . . . . . ARTICLE IX - SENIORITY . . . . . . . . . . . . . . . . . . . . . . . ARTICLE X - DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . ART]CLE Xl - COWS7ITUTIOt�tiL PR07ECTION . . . . . . . . . . . . . . . ARTICLE XIl - wORK SCHEDULES . . . . . . . . . . . . . . . . . . . . . ARTICLE XIl] - OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE XIV - COL'RT T1�;E . . . . . . . . . . . . . . . . . . . . . . . ARTICLE XV - CALL BACK T1NE . . . . . . . . . . . . . . . . . . . . . AkTICLE XV1 - k'ORK1�G OUT OF CLASSIFICATION . . . . . . . . . . . . . ARTICLE XVII - INSURF��CE . . . . . . . . . . . . . . . . . . . . . . . ARTICLE XV111 - STAKDBY PAY . . . . . . . . . . . . . . . . . . . . . . ART]CLE XIX - U�IFORP:S . . . . . . . . . . . . . . . . . . . . . . . ARTICLE XX - IhJURY O�r OUTY . . . . . . . . . . . . . . . . . . . . . ARTICLE XXI - LO�GEVITY AhD EDUCATIONAL INCENTIVE . . . . . . . . . . ARTICLE XXI1 - kAGE RATES . . . . . . . . . . . . . . . . . . . . . . . ARTICLE XXIII - IEGAI DEFENSE . . . . . . . . . . . . . . . . . . . . . ARTICLE XXIV - LOSS OF SENORITY . . . . . . . . . . . . . . . . . . . . -i- Page 1 1 1 2 2 3 3 5 5 6 6 7 7 7 8 8 8 8 & E 8 9 10 11 15 C � � 15 D Page ARTICLE XXV - PRO6ATIONARY PERIODS . . . . . . . . . . . . . . . . . . 11 ARTICLE XXVI - Y�CFTIONS . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE XXVII - HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE XXV1I1- S1CK LEAVE . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE XXIX - FUf�ERAI PAY. . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE XXX - JURY PAY . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE XXXI - S�VERANCE PAY . . . . . . . . . . . . . . . . . . . . . . 1� �RTICLE XXXI1 - COt•:?E�SA70RY TJN�E . . . . . . . . . . . . . . . . . . . . 12 ARTICLE XXXIII- Eh;PLOYEE EDUCATIOh PROGRAh1 . . . . . . . . . . . . . . . 13 ' ARTICLE XXXIV - P�Y fOR I�VESTICATORS (DETECTIVES) . . . . . . . . . . . 13 RkTICLE XXXV - wti1VER . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE XXXVI - DURATIO� . . . . . . . . . . . . . . . . . . . . . . . . 14 -i i- e -z f 15 E LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND FRIDLEY POLICE BARGAINING ASSOCIATION ARTICLE I. PURPOSE OF AGREEMENT This AGREEMENT is entered into as of December 5, 1983 between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the FRIDLEY POLICE BARGAINING ASSOCIATION, hereinafter called the UNION. It is the intent and purpose of this AGREED9ENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.2 Place in writing form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II. RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statues, Section 179.71, Subdivision 3, for all police personnel in the following job classifications: 1. Police Officer 2. Police Corporal 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue sha11 be submitted to the Bureau of Mediation Services for determination. ARTICLE III. DEFININTIONS 3.1 Union: Fridley Police Bargaining Association. 3.2 Union Member: A member of the Fridley Police Bargaining Association. 3.3 Employee: A member of the exclusively recognized bargaining unit. 3.4 Department: The Fridley Police Depart�►ent / -1- � 3.5 Employer: ` The City of Fridley 3.6 Chief: The Public Safety Director of the Fridley Police Department. 3.7 Union Officer: Officer elected or appointed by the Fridley Police Bargaining Association. 3.8 Investiyator/Detective: � An errployee specifically assigned ef- classified by the EP:PLOYER to the job classification and/or job position of 1NVESTIGATOR/DETECTIVE. 3.9 Overtime: Work performed at the express aut►�orization of the EF;�LOYER in excess of the employee's scheduled shift. _ : 3.1.0 Scheduled .Shi_ft: - A consecuiive r:ork period including rest breaks and a lunch break. 3.11 Rest Breaks: Periods during the SCHEDULED SHIFT during which the employee rerrains on , continual duty and is responsible for assi9ned duties. .,.12 LunCh Break: A period during the S�HEDULED SHIFT during whiCh the errployee remains on continual duty ond is responsible for assigned duties. 3.13 Strike: Concerted action in failing to report for duty, the willful absence from one'S position, the Stoppage of work, Slo�;-down, or abstinence in khole cr in p�rt froR� the fuil, faitl�ful and proper performance Of the duties of er.;ployment for the purposes of inaucing, inftuencing or coercing a change in the condition or compensation or the rights, privilege5 or obligations of employment. ARTICLE IV EMPLOYER SECURITY The UN10N agrees that during the life of this tiGREEN.ENT that the L't;10r; �rri11 not cause, encourage, partiCipate in or support any strike, slow-aovrn or th.er inte�'ruption of or interferenCe with the normal funCtions of the Et•:PLOYEP.. ARTICLE V E�rPLOYER AI;THORITY 5.1 The EPIPLOYER retains the full and unrestricted right to operate and manage all manpower, facilites, and equipment; to establish functions and programs; te set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, ana determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. -2- .� IS F 15 G 5.2 Any term and condition of employment not specifically established or modified by this �GREEM�KT shall remain solely within the discretion of the ENPLOYER to modify, establish, or eliminate. ARTICIE V1 UN10n SECURITY 6.1 The EM�LOYER shall deduct from the wages of employees who authorire such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UhION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Eh�PLOYER in writing of such choice and changes in the position of ste►,ard and/or alternate. 6.3 The EhSPLOYER shall make space available on the employee bulletin boar� for posting U�IO� notice(s) and announcement(s). 6.4 The UhION agrees to indemnify and hold the Eh;PLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EtrPLOYER as a result of any action taken or not ta�en by the Et•�PLOYER unoer the provisions of this Article. �RTICLE vII Er;PIOYEE RIGHTS - GRIEVANCE PROCEDURE 1.1 Definition of a Grievance A yrievance is defined as a aispute or disagreeR�ent as to the interprEtation or applicatior� of the Specific terms ano conoitions of this tiGREEh'E�;T. 7.2 Union Representatives Tne E�,PLOYER ►.ill recogniie REPRESE�:iATIVES designated by the Ut:IOt; as the grievance representatives of the bargoining unit having the duties and responsibilites established by this Article. The U��IOt; shall notify the Et•;PLOYER in writing of the names of such UNIOt� REPRESEN�ATIVES and of their successors when so designated as provided by 6.2 of this FGRE EP�ENT. 7.3 Processing of a Grievance lt is recognize� and accepted by the Ut�IO� and the Eh;PLOYER that the processing of grievances as hereinafter provided is limited by the job duties and respcnsibilities of the EMPLOYEES and shall therefore be acccn;plished ouring normal working hours only when consistent with such E�;PLOYEE duties and responsibilities. The aggrieved Eh�PLOYEE and a UNIOK REPRESEhT�T1VE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Eh;PLOYER during normal working hours provided that the Eh�PLOYEE and the UhIOW REPRESENTATIVE have notified and received the approval of the oesignated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 ProCedure , Grievances, as defined by Section 7.1, shall be resolved tin conformance with the following proced,ure: 1 -3- r7 f Step 1. An EMPLOYEE claiming a violation concerning the interpretation 15 H or application of this AGREE��ENT shall, within twenty-one (21j calendar days after such alleged violation has occurred, present such grievance to the Eh�PLOYEE'S supervisor as aesignated by the E��PLOYER. The ENPLOYER-designated representative will discuss and give an ansher to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEb:ENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Eh�PLOYER-cesignated representative's final answer in Step 1. Any grievance not appealed in veriting to Step 2 by the UNION within ten (10) calendar days shall be consiaered waived. Step 2. ]f appealed, the written grievance shall be presented hy the ur��or; and Giscussed with the EMPLOYER-designateo Step 2 - ;:- � � .representative. Tne Eh;PLOYER-designateo representative shall ' give the U�IOtJ the EPIPLOYER'S answer in writing within ten (10) calendar eays after receipt of such Step 2 grievance. A � grievance not resolved in Step 2 may be appealea,to Step 3 within ten (10) calendar days following the . EP�PLOYER-designated representative's final answer in Step 2. Any grievance not appezled in writing to Step 3 by tiie Ur�IOr� within ten (10) calendar days shall be considered waive�. Step 3. A grie��ance unresolveC in Step 2 and appealed to Step 3 by the Uh10N shall be subrr�itted to arbitration subject to the prcvisions of the Public Errployment Labor Relations tict of 1971. The selection of an arbitrator shall be made in accordance h�ith the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 7.5 Arbitrator's Authority a. The arbitrator shall have no right to amend, mocify, nullify, ignpre, add to, or subtract from the terms and conoitions of this NGREENENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Ef•�P�OYER and the UN:Otr, and shall have no authority to make a decision on any other issue not So submitted. b. The arbitrator shall be without po►:er to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitte� in v;riting within thirty (30) days following close �f the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EtfPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEKEtr'T and to the facts of the grievance presented. -4- �' � c. The fees and expenses for the arbitrator's services and 15 j proceedings shall be borne equally by the E�SPLOYER and the UNIO� provided that each party shall be responsible for � corr,pensating its own representatives and r►itnesses. If either ' pariy desires a verbatim record of the proceedings, it may cause such a record to be maoe, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost sha11 be s+�ared equally. 7 .6 k'a i ver If a grievance is not presented �ithin the time limits set forth abovP, it shall be considered "waiveo." lf a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the ENPLOYER'S last answer, lf the Eh�PLOYEk does not answer a grievance or an ap�+eal thereof within the specified time limits, the U�ION mzy- elect to treat the grievance as aenied at that step and immediately appeal tl�e grievance to the next step. The time lirr�it in each step �r�ay be extended by mutual written agreement of the EP;PLOYER and the Ut;IOtJ in each step. 7.7 Choice of ReR�ed If, as a result of the written EP;P�OYER response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completPd the required probationary period, the grievance may be appealed eithPr to Step 3 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Er„ployment. If oppeale� to any proceCure other than Step 3 of Article VII the grie�ance is not subject to the arbitration procedure as provided in Step 3 of Article VII. Tr�e aggrieveo er�ployee shall indicate in writing which procedure is to be utilized--Step ? pf Article VII or another appeal procedure--and shall sign a statement to the effect that ti�e choice of any other hearin5 precludes the aggrieved employee from making a subsequent appeal through Step 3 of Article VII. AR"3CLE VIII SAVINGS CLAUSE �nis AGREEh;Eh'T is subject to the laws of the United States, the State of hiinnesota and the City of Fridley. ln the event any provision of this AGREEh;Er�7 shall be held to be Contrary to lah by a court of competent jurisaiction from wt�ose finai juagment or decree no appeal has been taken withi�� the tir�� provided, such provisions shall be voided. All other provisions of this AGREEP�EhT shall continue in full force and effect. The v�ided provision may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and pcsted in an appropriate location. Seniority rosters may be maintained by the Chief on tt�e basis of time in grade and time within specific ciassifications. -5- - � _ _ . . ._ . _. -R.IY � . 9.2 During the probationary period a new�ly hired or rehired employee may be 15 � discharged dt the sole discretion of the EMPLOYER. During the �probationary period a promoted or reassigned employee may be replacec in , his previous position at the sole discretion of the Et•1PLOYER. 9.3 A reduction of Mork f orce will be accomplished on the basis of seniority. Employees shall be recalled from layoff shall have an opportunity to return to work within two years of the time of his layoff before any ne� employee is hired. 9.4 Senior errployees a•ill be given preference with regard to transfer, job classification assignments and promctions when the job-relevant qualifications of emp)oyees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continu�us full-tirr,e employment. 5.6 One continuous vacation period shall be selected on the basis of seniority until r.ay �st of each Calendzr ye�r. - ARTICLE X DISCIPLINE 10.1 The EMPLOYER will discipline employees f or just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or e. discharge. 10.2 Suspensions, demotions ond discharges a�ill be in ►.�riiten form. 10.3 Written reprinands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signeture of the employee. Employees an� the UhIOr; will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonoble times under the direct supervision of the EN�PLOYER. 10.5 Discharges will be preceded by a five (5) day suspension wi�thout pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the erployee has been given an opportunity to have a U�;lOh representative present at such questioning. 10.7 Grievances relating to this ARTICLE shall be initiated by the UNIOh in Step 2 of the grievance procedure under Article V1I. ARTICLE XI COhSTITUTIOP;AL PROTECTIO(V Employees shall have the r9ghts granted to all citizens by the United States and Ninnesota State Constitutions. -6- � ARTICLE XII WORK SCHEDULES 12.1 The normal work year is an averageo forty (40) hour work week for full time employees to be accounted for by each employee through: a. hours worked on assigned shifts; b. holidays; c. assigned training d. authorized leave time. 12.2 Nolidays and authorizeo leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum nun;ber of hours the Eh1PL0YER may assign employees. ART]CLE XIII OVERTIME 13.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record pruposes under Article 13.2 be consioered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation overtime hours worked shall not be pyramideo,compounded or paid thice for the same hours wOrked. • 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by tne EN�PLOYER unless unusual circumstances prevent the employee from So working. 13.7 Overtime h�orkea for purposes of assigr�ed training shall be at the employee's reg;:lar rate of pay for the first twenty (20) hours, per er��ployee, per year. Any hours worked in excess of twenty (20) hours for assigneo training shall be at one ono one-half (1 1/2) times the employees regular base pay rate. ARTICLE XIV COURT TIM�E M employee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the employee's base pay rate. An extensian or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. 6 � -7- �. � . 15 K �joa— 15L ARTICLE XV CALL BACK TIME An employee who is called to duty during his scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE XVI WORKING OUT OF CLASSIFICATION Employees assigned by the EM�LOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE XVII INSURANCE The EMPLOYER will contribute up to a maximum of one-hunderd-twenty-five dollars ($125.00) per month per employee toward health, life and long- term disability insurance. ' �.ARTICLE XVIII STANDBY PAY Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one hours' pay for each hour on standby. ARTICLE XIX UNIFORMS The EMPLOYER shall provide required uniform and equipment items. ARTICLE XX INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and they are rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave or other accumulated paid benefits, after a five (5) working day initial waiting period per injury. The five (5) working day waiting period shall be charged to the employee's sick leave account less Worker's Compensation insurance payments. ARTICLE XXI LONGEVITY AND EDUCATIONAL INCENTIVE Effective July 1, 1978 the following terms and conditions are effective: 21.1 After four (4) years of continuous employment each employee shall choose to be paid three percent (3$) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this ARTICLE. -8- Y �i� � l� 21.2 After eight (8) years of continuous employment each employee shall choose to be paid supplementary pay of five percent (5$) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.3 After twelve (12) years of continuous employment each employee shall choose to be paid supplementary pay of seven percent (7$) of the employee's�base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.4 After sixteen (16) years of continuous employment each employee shall choose to be paid supplementary pay of nine percent (9$) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.5 Employees may choose supplementary pay either for length of service or far educational credits no more often than once every twelve (12) months. 21.6 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Educational Credits stated in Percentage Pay terms of college quarter credits increment 45 - 89 90 - 134 135 - 179 180 or more 3$ 5$ 7$ 9$ Not all courses are to be eligible for credit. Cources receiving qualifying credits must be job related. (Thus, a 4 year degree is not automatically 180 credits -- or a 2 year certificate is not automatically 90 credits.) Job- related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits, C.E.U.'s (Continuing Education Units) in job-related seminars, short course5, institutes, etc. shall also be counted. The EMPLOYER shall determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-370-A. -9- � j�' ls r� ARTICLE XXII WAGE RATES 22.1 The following wage rates will apply for 1983: Start. . . . . . . . . . . . . . . . $1, 447 After Six Months . . . . . . . . . . . . 1,557 After One Year . . . . . . . . . . . . . 1,780 - Af ter Two Years . . . . . . . . . . . . . 2 , 002 After Three Years. . . . . . . . . . . . 2,224 22.2 Employees classified or assigned by the EMPLOYER to the following job classifications or positions will receive ninety dollars ($90.00) per month or ninety dollars ($90.00) pro-rated for less than a full month in addition to their regular wage rate: Investigator (detective) School Laiason Officer ' • � � : - Juvenile Officer Dog Handler Paramedic 22.3 Employees classified by the EMPLOYER to the following job • classification will receive ninety dollars ($90.00) per month or ninety ($90.00) pro-rated for less than a full month in addition to their regular wage rate: Corporal ARTICLE XXIII LEGAL DEFENSE 23.1 Employees involved in litigation because of proven negligence, or non-observance of laws, or of a personal nature, may not receive legal defense by the municipality. 23.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts periormed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisor, shall be reimbursed for attorney's fees and court costs actually incurred by such employee in defending against such charge. 23.3 The City of Fridley will provide protection for all Officers and Patrolman against false arrest charges. -10- � •, ARTJCLE XXIY LOSS OF SENIORITY �� 15 0 24.1 Employees shall lose their seniority for the following reasons: a. Discharge, if not reversed. b. Resignation. c. Unexcused failure to return to kork after expiration of a vacation or formal leave of absence. Events beyond the control of the employee which prevent the employee from returning to work will not cause loss of seniority. d. Retirement. ARTICLE XXV PROB�TIONARY PERIODS All neti•rly hired or rehired employees will serve a twelve (12) months probationary period. ARTICLE XXVI VACATIONS Each employee of the City who has worked regularly for the City for a period of not less than tMelve (12) successive months is entitled to a vacation away from employment with pay. Vacation pay shall be computed at the regular rate of pay to which such employee is entitled. An employee who has worked a minimum of twelve (12) months is entitled to one (1) r;orkday of vacation for each month so worked. An employee who has N�or�ed eignty-four (84; corsecutive months is entitled to one and one-half (1-1/2) workdays of vacation for each month worked beginning with the eighty-fifth (85) month of consecutive employment. An employee who has a�orked one hundred eighty (180) successive n�onths is entitled to one and two-thirds (1-2/3) workdays of vacation f�r each m�nth worked beginning with the one hundred eighty-first (181st) month of consecutive employment. ARTICLE XXYII HOLIDAYS Employees will receive eleven (11) holidays. ARTICLE XXVIII SICK LEAVE 28.1 Any employee who is unable to work because of sickness or injury may obtain a leave of absence upon notice to the City. Written verification of his condition by a competent medical authority may be required. Failure to notify the City subjects the employee to appropriate discipline by the City. 28.2 Each employee of the City who has worked regularly for the City f or a period of not less than twelve (12) successive months is entitled to sick leave. Sick leave pay shall be computed at the regular rate of pay to which such employee is entitled. An employee is entitled to one (1) day of sick leave for each month worked, cumulative to one hundred . twenty (120) days of sick leave. After one hundred twenty (120) earned -11- . � T � and unused days of sick leave have accumulated, one (1) day additional 15 P vacation shall be granted to an employee for every three (3) sick leave days earned and unused. The employee may elect, after �inety (90) earned and unused days of sick leave have accunulated, to receive one (1) day additional vacation for every three (3) sick days earned and unused. Sick leave days shall not accumulate beyond one hundred twenty (120). Before any sick leave compensation is paid, the City may request and is entitled to receive from any employee who has been absent more than three (3) days in succession, a certificate signed by a competent physician or other medical attendant certifying to the fact thdt the absence was in fact due to sickness and not otherkise. The City also reserves the right to have an examination made at any time of any person claiming absence by reason of sickness; such examination may be made when the City deems the same reasonably necessary to verify the sickness clained and may be made in behalf of the City by any competent person designated by the City. ARTICLE XX1X FUNERAL PAY Funeral leave will be granted to full time employees up to a maximum of three _ days. Funeral leave is granted in case of deaths occuring in the irtr�ediate family. For this prupose immediate family is considered to be a spouse, child, parent, grandparent, brother or sister, mother-in-law and father-in-law. ARTICLE XXX JURY PAY lt shall be understood and agreed that the City shall pay all rPgular full time employees serving on any jury the differences in salary between jury pay a�d his regular salary or pay while in such service. ARTICLE XXXI SEVERi+P�CE PAY Severance pay will be paid an employee upon honorable separation of employment in accordance with the following: An errployee with forty-eight (48) or more consecutive months of employment will receive severance pay in cash based on one and one-half (1 1/2) dzys of severance pay for each tw�elve consecutive months worked. The amount of severance pay due an employee shall not exceed one-third (1/3) of their unused sick leave. ARTICLE XXXII COM?EhSATORY TIt��E Management reserves the right to approve compensatory time in lieu of overtime pay. Compensatory time shall not be accumulated in excess of twenty-four (24) hours, and must be used within the calendar year in which it was accumulated as determined by the employer. -12- �. � ARTICLE XXXIII EMPLOYEE EDUCATION PROGRAM 33.1 The City will pay certain expenses for certain education courses based on the follo�ing criteria. a. The training course must have relevance to the employee's present or anticipated tareer responsiblities. Attendance shall be at a City approved institution. The course must be approved by the Department Head. b. Financial assistance will be extended only to courses offered by an accredited institution. this includes vocational schools, Minnesota School of Business, etc. 33.2 Programs Financial Policy: Financial assistance r:ill be extended to cover only the cost of tuition. Charges for books, Student union membership, stu�ent health coverage and other charges for which the student receives some item or service other than actual instruction will not be paid. The City will pay 50% of the cost of tuition in advance of the employee's actual participation in the course and the employee shall pay 50% of the cost. Employee upon successful completion of the course will be required to present to his Department Head a Certification of satisfactory work. Satisfactory work is defined as follows: a. ln courses inssuing a letter grade, a C or above is required. b. In courses issuing numerical grade, a 70� or above is required. c. In courses not issuing a grade, a certification from the instructor that the student satisf�ctorily participated in the activities of the course is requireo. 3�.3 lf the employee satisfactorily completes the course he will be reimbursed for the additional 50X of the tuition cost for which he had obligated himself in the approved application. If the employee fails to satisfactorily complete the course he will not be reimbursed. 33.4 The program will not reimburse the employee for the hours he spends in class, only for the tuition. 3�.5 Expenses for which the employee is compensated under some other educational or assistance program will not be covered, such as the GI bill. 33.6 The City will not pay tuition or other costs for those courses which are used to make the employee eligible for additional salary. ARTICLE XXXIV PAY FOR INVESTIGATORS OR DETECTIVES Employees receiving the ninety dollars (b90.00) per month differential pay shall not be eligible for the overtime provisions of the contract applicable to Police Officers. r 0 � , -13- �' . �— 15 A � . �i-� 15 R ARTICLE XXXV WAIVER 35.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superceded. 35.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with resoect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated - duration of this AGREEMENT. The EMPLOYER and the UNION � �`• eacii voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not , specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXXVI DURATION This AGREEMENT shall be noted, and shall remain day of December, 1983. executed this AGREEMENT FOR CITY OF FRIDLEY effective as of January 1, 1983, except as herein in full force and effective until the thirty-first In witness whereof, the parties hereto have on this Sth day of December , 1983. FOR FRIDLEY POLICE BARGAINING ASSOCIATZON �� ` ��.Q�..�.� �� c� � C�� Q.-.�,�G -14- �o' 16 � FOR CONCURRENCE BY THE CITY COUNCIL -- CLAIMS � CLf'il�{ �v��E�S 32�F22 - 334Z06 S FOR CONCURRENCE 6Y THE CITY COUNCIL � DECE2�2BER 5, 1983 EXCAVATING Fhunpca Sewer & Water 816 Ashland Avenue St. Paul Park, DQt 55071 By: Raymond Rumpca ' GAS SERV IC�S � Centraire, Inc. - 7402 Washington Avenue Eden Prairie, NIl�I 55344 By: John Koepcke Nelson Heatir�g and Air Cond. Box 403 356 SW 12th Street Forest Lake, t�I 55025 By: Dick Knepper - �-Rassett Mechanical:Contractors, Inc. 1322 Rice Street - St. Paul, 1�1 55117 By: Leo Rassett, Jr. GIIdERAL CONTRACTOR All State American Concrete Inc. D.F. Vizecky Contracting �. Inc. • 323 West 48th Street Minneapolis, !'IId 55409 By: Ken Walker,Don Vizecky Superamerica 1240 West 98th Street Bloanington, NIIV 55431 HEATING Centraire, Inc. 7402 Washingt,on Avenue Eden Prairie, t�i 55344 Z`arnace Care Inc. 8733 Humboldt. Avenue North Brooklyn Park, t�Ai 55444 K& K Hea ting & Plumbinq, Inc. 6001 Highway #55 West Rockford, NIId 55373 By: E. Louis Schuette By: John K,oepcke By: Richard Bidler Nelson Heating & Air Wnditioning Baoc 403 356 SW 12th Street Forest Lake, i�I 55025 Noel's Heating & Air Cond. Inc. 6900 - 75th Avenue North Brooklyn Park, AII�I 55428 By: Eldon Kathman By: Dick Knepper By: Noel Olson -- IICENSES 1� APPROVED BY DARREL CLARK Chief Bldg . Of c . W ILLIAA! SANDIN P].bg . -Htg . Insp. WILLIAPI SANDIN Plbg.-Htg. Insp. WILLIAAi SANDZN Plbg.-Htg. Insp. DARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. WILLIAM SANDIN Plbg.-Htg. Insp. WILLIAM SA?IDIN Plbg.-Htg. Insp. ��ILLIAM SA27DIN Plbg.-Htg. Insp. WILLIAh! SANDZtJ Plbg.-Htg. Insp. WILLIA?! SAP7DIN Plbg.-Htg . Insp. � 17 A � FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES DECF.AlBER 5, 1983 (Heating Cont. ) Rassett Mechanical Contractors, Inc. 1322 Rice Street WILLIAM SANDIN St. Paul, NIIJ 55117 By: Leo A. Rassett, Jr. Plbg. Htg. Insp. SIGN ERECTOR DeMars Signs 4090 East River Road N.E. Fridley, MN 55421 By: Larry Maciej DARREL CLARK Chief Bldg. Ofc. � 17 g FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES December 5, 1983 RESIDENTIAL RENTAL PROPERTY OWNER LOCATION OF BLDG. UNITS FEE APPROVED BY Timothy J. & 5346-48 - 6th Street 1 �12.00 S. J. Olson, Roxanne K. Fietek Environ.Ofcr. 15 - 102 Ave. NW Coon Rapids, MN 55433 Donald Findell 6676 Central Ave. NE Fridley, MN 55432 Same owner as above Same owner as above Same owner as above 110 - 58th Avenue 7890 Broad Avenue 6634 Central Avenue 6640 Central Avenue 1 12,00 1 12.00 10 49.00 1 12.00 � �� O ESTIMATES 18 � FOR CONCURRENCE BY THE CITY COUNCIL " DE,'C�'�ER 5. 1983 Herrick & Newman, P.A. 6279 University Avenue N.E. Fridley, I�I 55432 For legal services renc]ered as City Attorney for the month of November, 1983 $1,650.00 S7nith, Juster, Feikeqna, Malm�n & Haskvitz 1250 Builders Exchange Building Minneapolis, I�] 55402 For legal services renciered as City Prosecutor for the month of October, 1983 $4,775.00 Electric Service Company. Inc. 1609 Qzicago Avenue Minneapolis, t+II�1 55404 FINAL ESTIMATE Fridley Sports Lighting Project / $4,300.00 VIIIGIL C. M<IIIIICR DAVID ►. NEWMAM �I1MLf E. lCMMECK�E►E11 HERRIGK & NEWMAN, P.A. AR011NE�f Ar LAW December 1, 1983 Cfty of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 .. 'November Retainers BALANCE DUE: 6279 UNIVEIISIT� AVENUE N.E. FRIDLEY, MINNESOTA 55432 571-�SO $1650.00 $1650.00 !Sia� � `� STATEMENT SMITH, JUSTER, FEIKEMA, MALMON 8 HASKVIiZ ATTORNErS AT tJ�W 1250 BUILDERS EXCHANGE BLOG. MINNEADOLIS, MINNESOTA S'i�02 �79�1�/1 SUBURBAN OFFICE FaiD�Ev rCity of Fridley � 6431 University Avenue N. E. Fridley, Minnesota 55432 Attention: Mr. Nasim Qureshi L �►t��s �f�Y1�� tM�� O�t10� �1� teu� ►��aw• CJN OATE � J � BALANCE FORWARDED fROM LAST ST4TEMENT 11-25-83 For legal services rendered as Prosecutor for the City of Fridley during October, 1983. Representation of City of Fridley in court 10-04-83 (Anoka); 10-11-83 (Anoka); 10-12-83 (Anoka); 10-13-83 (Columbia Heights); 10-18-83 (Anoka); 10-20-83 (Columbia Heights); 10-25-83 (Anoka); 10-26-33 (Anoka); and 10-27-83 (Columbia Heights) for 8 Omnibus hearings, 45 jury trials, 5 pre-trial conferences, 4 pleas, 35 court trials and 1 sentencing. (69.5 hours). Preparation of 66 formal misdemeanor complaints, 9 formal gross misdemeanor complaints and police and citizen office conferences and misdellaneous phone conferences (23 hours).� TOTAL TIME (92.50 hours). October, 1983 Retainer �1650.00 $1650.00 Time in excess of Retainer (62.50 hours). �3125.00 a4775.00 SMITM, JUSTER, FEIKEMA, MALMONZ�SKS��TZ ur►e�.�� u� _ �_ . CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Hinnesota 55432 August 17, 1983 Honorable Mayor and City Council City of Fridley c/o Nasim M. Qureshi, City Manager 6431 University Avenue N.E. Fridley, Minnesota 55432 Council Members: : � CERTIFICATE OF THE ENGINEER - We hereby submit the Final Estimate No. S for Electric Service Company, Inc., 1609 Chicago Avenue, Minneapolis� l�IIV 55404. for the Fridley Sports Lighting Project. Orginal Contract $229,254.00 Final Construction Cost 229,254.00 Final Construction Cost Less Estimate O1 S118,623.40 Less Estimate 02 54,751.60 Less Estimate �3 12,350.00 Less Estimate /4 39,229.00 AMOUNT DUE FINAL ESTIMATE i5 $229,254.00 5224,954.00 $ 4 , 300. 00 1Je have viewed the work under contract for the construction of The Fridley Sports Lighting Project, and find that the same i6 sUbstantially complete in accordance with the contract documents. I reco�nend that final payment be made upon acceptance of the vork by your Honorable Body, and that the one-year contractual maintenance bond commence on the date listed. Respectfully submitted, � / /�/!:�-C �.� , John G. Flora, P.E. Public Works Director JGF/jh 18C Prepared by: � • '`� v Checked by: ��!i�t�G �`c-,r�