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12/16/1996 - 4871OFFICIAL CITY COUNCII� AGENDA COUNCIL MEETING DECEMBER 16, 1996 � unror FRIDLEY FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Mov�d�.y, �ecembelc 16, 1996 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER , c�� /� j ,o Jj- � �,� � y /! L`IG�t�' Ll±Nt_ Nnt� �j,,� rCY-'c2i`� Lt !�!J %[J7nlFV �•�G'i�cru' - Gl. V � � ! .. �_�; �'�"' J� ((nIG �l.s c �) i �_ Gl ' Q iti' �(!li/L�. � J�� .. GA'� rZ� 1 G' �� ,�rl �-'t,l�v �:� �h y'`� t �i� �: f,e �'v;;� �.�,<�-i� P M� �1�' � � � � �- a � ;�� -� �j �- �� U. " ,�'�.i � ��..; > �� i � � FRIDLEY CITY COUNCIL MEETING OF � am oF DECEMBER 16,1996 ��o�� The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activiries because of race, color, crEed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Up� request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who requue auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Council Meeting of November 25, 1996 Special City Council Meeting of December 4, 1996 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitied "Zoning," by Amending Section 205.16.01.0 by Adopting New Section 205.16.01.0 (5) to Allow Professional Jewelry Services with a Special Use Permit (Zoning Text Amendment, ZTA #96-03, by Roland Stinski) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.01 - 1.02 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA• QLD BUSINESS (CONTINUED�: Second Reading of an Ordinance Amending the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Sections 205.07.01.0 (8), 205.08.01.0 (8), 205.09.01.0 (7), and 205.14.01.A (14), to Provide Parking Standards for Hospitals, Nursing Homes, Convalescent Homes, and Homes for the Elderly . . . . . . . . . . . . . . . . . Second Reading of an Interim Ordinance Establishing a Moratorium Within the City on the Construction of New Communication and Antenna Array Towers and on the Use and Development of Property for Such New Towers Thereby Amending the City Code by Adding a New Section for that Purpose ... NEW BUSINESS: ......2.01-2.06 .......3.01-3.04 Receive the Minutes of the Planning Commission Meeting of November 20, 1996 ....... . .. ....................4.01 -4.05 I FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16. 1996 Paae 3 r APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTIN EDl Establish a Public Hearing for January 6, 1997, for a Vacation Request, SAV #96-04, by Keller Structures, to Vacate a Drainage and Utility Easement, Generally Located South of 61 st Way, East of East River Road, and West of the Buriington Northern Railroad Tracks (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.02 Approve 1997 Development Review Schedule for Planning Commission, Appeals Commission, and City Council Actions . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.09 Establish a Public Hearing for January 6, 1997, for an Ordinance Amending Section 12.07 of the Fridley City Charter (Vacation of Streets) . . . . : . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.02 Approve Consulting Services Ag�eement with Plan Site Company to Provide GIS Technical Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.11 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16,1996 Page 4 APPROVAL OF PROPOSED CONSENT AGENDA- NEW BUSINESS (CONTINUED�• Resolution Authorizing an increase in Compensation for Fridley City Employees for the 1997 Caiendar Year . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.02 Receive Bids and Award Contract for for the Installation of Remote Control Cameras and Related Items in the Council Chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.02 Resolution Approving Eighth Rider to the St. Paul Water Works Agreement {Osborne Road Bicycle Path) . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.06 Authorize Staff to Execute a Contract with Barton Aschman Associates for the Design of the I-694 and Highway 47 Westbound Ramp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.01 - 12.09 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 Page 5 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Resolution Approving and Authorizing Signing an Agreement Establishing Working Conditions and Houcs of Police Officers of the City of Fridley Police Department for the Years 1996 and 1997 ........... 13.01 -1322 Resolution Deleting an Authorized Position and Adding an Authorized Position in the Police Department of the City of Fridley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.01 - 14.02 Resolution Authorizing Exec�ution of an Agreement for #he Hazardous Materials Emergency Preparedness Grant ........................................15.01-15.02 Appointments: City Employees . . . . . . . . . . . . . . . . . . . . 16.01 Claims ....................................17.01 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 Page 6 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUED�: Licenses Estimates ....................................18.01-18.03 ....................................19.01-19.09 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) OLD BUSINESS: Variance Request, VAR #96-22, by Miiler Funeral Home, to Reduce the Rear Yard Setback from 40 Feet to 33 Feet to Allow the Construction of a 22.7' x 60' Addition to a Storage Building; to Reduce the Front Yard Setback on a Corner Lot from 80 Feet to 37 Feet, to Allow the Construction of a 30.5' x 66' Addition to an Existing Funeral Home, Generally : Located at 6210 Highway 65 �J.E: :(Tabled November 25, 1996) (Ward 2) . . . . . . . . . . . . . ...........20.01 -20.14 ___ _ _ FRIDLEY CITY COUNCI� MEETING OF DECEMBER 16, 1996 Page 7 NEW BUSINESS: Resoi�tion Adopting a Budget for the Fiscal Year 4997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.01 - 29.03 Resolution Declaring the Necessity to Levy a Tax Which Appears to be in Excess of 16 Mills and Certifying Tax Levy Requirements for 1997 to the County of Anoka for Collection ......................22.01 -22.03 Approve 1997 School Referendum Levy Return Agreements (School District Nos. 11, 13, 14 and 16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23.01 - 23.29 . Approve the Minnesota Department of Transportation's Plans for and the City's Cost Participation in fhe Traffic SignaE Interconnect System on Highway 65 (Wards 1 and 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.01 - 24.07 0 � , FRIDLEY CITY COUNClL MEETING OF DECEMBER 16, 1996 PaQe 8 NEW BUSINESS (CONTINUED�j• First Reading of an Ordinance Amending Section 2.06.01 of the Fridley City Charter (Vacancies in the Council) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.01 - 25.02 informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26.01 ADJOURN: J � � • ,r � � �� FRII�LEY C["I'Y C�}'�Ji�rC[L MEETING OF DECEt�t3C�;12 I6, 1996 �oF FRIDLEY The City of Fridley �vill not discriminate a<�ainst or harass anyone in the admission or access tu, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, nationai origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon reyucst, accommodation will be provided to allo�v individuals ��•ith disabilities to participate in any of Frid(ey's services, programs, and activities_ Hearing impaired persons �vho need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins a[ 572-3500 at least one �veek in advance. {TTD/572-3534) PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Council Meeting of November 25, 1996 - ..�- , ,�`�. `.//_. �.�-C�� i �.:.._.`��Lrta....-c--�i.er'�� r" Special City Counci! Meeting of December 4, 1996 .t L- �. [. � i. � �.: �y -f' "_ ` t' _s-�-.. . i / � ,�� t, � ,.- (. � J'L,c�¢�9�.c��'� �,, / ;2, i_ � < � APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entiileci "Zoning," by Amending Section 205.16.01.0 by Adopting New Section 205.16.01.0 (5) to Allow Professional Jewelry Services with a Special Use Permit (Zoning Text Amendment, ZTA #96-03, by Roland Stinski) . . . . . . . . . . . . _ . . . . . . . . 1.01 - 1.02 � /'^__z--�`.,�/� :� �: �„G� ��. �c� ,<../ , � �,,:.�.� �: �t �- �`'�,�.�t�.>�t- �, Second Reading of an Ordinance Amending the Fridley City Code, Chapter 205, Entitled "Zon+ng," by Amending Sections 205.07.01.0 (8), 205.08.01.0 (8), 205.09.01.0 (7), and 205.14.01.A (14j, to Provide Parking Standards for Hospitals, Nursing Homes, Convalescent Homes, and Homes for the Elde�fy .._... 2.01 - 2.06 l � �-_ �, l� -�,(„ � � ; �� - 2�.<it �„�!� �-� OLD BUSINESS (CONTINUED�, Second Reading of an Interim Ordinance Establishing a Moratorium Within the City on the Construction of New Communication and Antenna Array Towers and on the Use and Development of Proper�y for Such New Towers Thereby Amending � :he City Code by Adding a New Section for that Purpose . . . . . . . . . . . . . . 3.01 - 3.04 �-` 4< �'_.�.�`�� =�t-t� : ZL_ c'.-c _c'C,r-, c��,L.,-1l�-s- ' NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of November 20, 1996 ..................... 4.01-4.05 .'�L ��"{- �L'� • Establish a Public Hearing for January 6, 1997, for a Vacation Request, SAV #96-04, by Keller Structures, to Vacate a D�ainage and Utility Easement, GeneraHy Located South of 61 st Way, East of East River Road, and West of the Burlington No�thern Railroad Tracks (Ward 3) . . . . . . . . . . . . . . 5.01 - 5.02 :�� - �/�/j � Approve 1997 Development Review Schedule for Planning Commission, Appeals Commission, and City Council Actions . . . . _ . . 6.01 - 6.09 C-'-j�` -�_�.,,-� <-'� / Establish a Public Hearing for January 6, 1997, for an Ordinance Amending Section 12.07 of the Fridley City Charter (Vacation of Streets) . . . . . . . . . . 7.01 - 7.02 ��.� 7--�, ��',.- i��j7 � APPROVAL OF PROPOSED CQNSENT AGENDA- NEW BUSINESS {CONTINUED�• Approve Consulting Services Agreement with Plan Site Company to Provide GIS Technical Assistance . . . . . . . _ . . 8.01 - 8.11 ��1,,,_-__.,--� Resolut+on Authorizing an Increase in Compensation for Fridley City Employees for the 1997 Calendar Year ..... 9.01 - 9.02 � �% ,l . ��C ,r�� Receive Bids and Award Contract for for the Installation of Remote Control Cameras and Related Items in the Council Chambers . . . . . . . . . . . . 10.01 - 10.02 �� `� � � �� V � 'S .�° �!�c� � �i � o � . �'� Resolution Approving Eighth Rider to the St_ Paul Water Works Agreement (Osborne Road Bicycle Path) ... 11.01 - 11.06 � �,,�,�. ��t-G ,/L+:� , Authorize Staff to Execute a Contract with 8arton Aschman Associates for the Design of the I-694 and Highway 47 Westbound Ramp . . . . . . . . . . . . 12.01 - 12_09 ��,��-„-w� Resolution Approving and Authorizing Signing an Agreement Establishing Working Conditions and Hours of Police Officers of the City of Fridley Police Department for the Years 1996 and 1997 ......... ........... 13.01 -13.22 � i��,%�. ✓� . r NEW BUSlNESS (CONTINUEDL � Resolution Defeting an Authorized Position and Adding an Authorized Po;ition in the Police Department of the City of Fridley . . . . . . . . . . . . i4_01 - 14.02 �z�9�� -�.- . Resolution Authorizing Execution of an Agreement for the Hazardous Materials Emergency Preparedness Grant . .. . , . . . . . . . . . . . ..... . . .. 15.01 - 15.02 `��-.-� �--- , Appointments= City Employees . . �6.01 C� �---�-�--._',�-- C12ims . . . �� l�--.=:-r```�`� . . 17.01 � Licenses . . . . c�?��:"�2""'� 18.01 - 18.03 Estimates . _c�ti��:''-L`.�. . . . 19.01 -�19.09 -. � . _ ��- /'�,,.yy,-�,_ -�-- �d'''�=__ � � � � , �=f S ��.,. i q�� - s r/� z ADOPTION OF AGENDA: p,� �,Q �' P,. C i„��Z'_ c'z,l�;G'z =- `y2 � �"''-"� � � c j �l �.,-�-- OPEN FORUM. VISITORS: {Consideration of Items not on Agenda - 15 Minutes) f� �U.-� `r�'1,��--- - �,,,;,,�--..�C�,.�_..ce. � . S - S° �'L`,.Cti�. r s OLD BUS(NESS: Variance Request, VAR #96-22, by Miller Funerai Home, to Reduce the Rear Yard Setback from 40 Feet to 33 Feet to Allo�v the Construction of a 22.7' x 60' Addition to a Storage Building; to Reduce the Front Yard Setback on a Corner Lot from 80 Feet to 37 Feet, to Allow the Construction of a 30.5' x 66' Addition to an Existing Funeral Home, Generally Located at 6210 Highway 65 N.E_ (Tabled November 25, 1996) (Ward 2) . . . _ . . . . . 20.01 - 20.14 ,�,�'�`�"' NEW BUSINESS: Resolution Adopting a Budget for the Fiscal Year 1997 . . . . . . . . . . . . . . . . . 21.01 - 21.03 �,� C_.��<( �2�`. Resolution Declaring the Necessity to Levy a Tax Which Appears to be in Excess of 16 Mills and Certifying Tax Levy Requirements for 1997 to the County of Anoka for Collection ...... 22.01 - 22.03 �--� G��.�;� t ;�z� , Approve 1997 School Referendum Levy Return Agreements (School District Nos_ 11, 13, 14 and 16) . . . . . . . . . . . . . . 23.01 - 2329 �-�� Approve the Minnesota Depa�tment of Transportation's Plans for and the City's Cost Pa�ticipation in the Tra�c Signal lnterconnect System on Highway 65 (Wards 1 and 2) . . . . . . . . . . . . . . . . . . . . 24.01 - 24.07 r� J ''�y� c'; � � ,�,� ,i NE'dv 3USII�e�SS (CGNi-INUEO�_ First Reading of an Ordinance Amending Section 2.06.01 of the Fridley City Charter (Vacancies in the Council) . . . . . . . . . . . . . . . . . 25.01 - 25.02 �i�Cl� �'�"� `!'��e�.-o..�� .,�t /��r� � Informal Status Repo�ts . . . . . . . . . . . . . . . 26.01 � C.� e ��' � � . ADJOURN: � � � �� i , THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 � I THE MINUTES OF THE REGULI�R MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 25,1996 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Council- woman Bolkcom MFMBERS ABSENT: None PRESENTATION: NATIONAL NIGHT OUT AWARD: Mr. Dave Sallman, Public Safety Director, presented the National Night Out T�ward to Council. This was a second place award in the City's population category. Mr. Sallman introduced members of the Crime Watch Advisory Board and commented that the award says a lot for the Neighborhood Crime Watch Program, as the award is given on participation. Mr. Sallman thanked all City departments for assistirig with the National Night Out Program, especially the Fire Department; Julie Swanson, the Crime Watch Coordinator; and Brian Strand, Video Specialist, who assembled the videotape for the judging. He appreciated Council's support on letting residents know the importance of this program. Mayor Nee stated that this award is a great credit to the Police Department. He extended his congratulations to all who partici- pated in the program and to the members of the Advisory Board. APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 4, 1996: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 2 SPECIAL COUNCIL MEETING, NOVEMBER 12, 1996: MOTION by Councilwoman Boikcom to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: l. ORDINANCE NO. 1081 ADOPTING FAIR HOUSING PRACTICES: Mr. Burns, City Manager, stated that this ordinance is required by the settlement agreement with the Sylvan Oaks Tenants Association. The ordinance incorporates, by reference, the standards of botl� the Federal Fair Housing Act and the Minnesota Human Rights Act. Mr. Burns said that in summary these references stated that it is unlawful to refuse to sell, rent, or lease housing to any person or group of people because of their race, color, creed, religion, nation.al origin, sex, marital status, status with respect to public assistance, disability, sexual orientation or familial status. The ordinance has been reviewed and approved by the HRA and Human Resources Commission. Mr. Burns stated that Council conducted a public hearing on this. ordinance on October 28 with no one speaking in opposition. Staff recommends the second reading and Council''s approval of the ordinance. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1081 ON THE SECOND READING AND ORDERED PUBLICATION. 2. ORDINANCE N0. 1082 CONSIDERING AN AMENDMENT TO THE CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY ADDING SECTIONS 205.05.02, "APPLICATION PROCESSES," AMENDING SECTIONS 205.05.03, AND 205.05.04, ADDING SECTION 205.05.07, "VACATIONS," AND RENUMBERING CONSECUTIVE SECTIONS WHERE APPROPRIATE: � � ORDINANCE NO. 1083 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 211, ENTITLED "SUBDIVISION," BY AMENDING SECTION 211.04.01, DELETING SECTION 211.04.O1.0 AND F, AND AMENDING SECTION 211.04.02 AND RENUMBERING CONSECUTIVE SECTIONS: Mr. Burns, City Manager, stated that these amendments are in response to Council's request that staff complete changes needed to comply with 1995 State legislation establishing time limits for consideration of land use actions. This legislation requires that cities act within sixty days on all FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 3 land use applications. The changes being proposed apply to zoning and subdivision codes. Staff is proposing separate changes to the City Charter. Mr. Burns stated that, in summary, public hearings for various land use actions will be set administratively rather than at a separate Council meeting. Hearing notices will contain Planning Commission and City Council hearing dates. Council action on these requests will be scheduled at the same meeting as the public hearing. Where further discussion is needed, the action may be carried over if there remains adequate time within the sixty-day process limit, or the applicant has agreed to extend consideration beyond the sixty-day limit. Mr. Burns stated that the ordinance also provides a means for recovery of City costs for revocation of special use permits. The changes were reviewed and approved by the Planning Commission with a public hearing before Council. There were no negative comments. WAIVED THE READINGS AND ADOPTED ORDINANCES NO. 1082 AND 1083 ON THE SECOND READINGS AND ORDERED PUBLICATION. NEW BUSINESS: 3. FIRST READING OF AN ORDINANCE RECODIFYING TH� FRIDLEY CITY CODE, CHAPTER 205 ENTITLED "ZONING," BY AMENDING SECTIONS 205.16.O1.0 BY ADOPTING NEW SECTION 205.16.O1.0 (.5) TO ALLOW PROFESSIONAL JEWELRY SERVICES WITH A SPECIAL USE PERMIT fZONING TEXT AMENDMENT #96-03 BY ROLAND STINSKI): Mr. Burns, City Manager, stated that this request is by Roland Stinski. A public.hearing was held before Council with no adverse comments. The ordinance is recommended with three stipulations: (1) retail sales may not exceed more than 25 percent of the space that is devoted to jewelry use; (2) no exterior signage is permitted; and (3) there shall be no separate exterior entrance for retail'sales. WAIVED THE READING AND APPROVED TIiE ORDINANCE ON FIRST READING. 4. FIRST READING OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTIONS ZUS.U/.Ul.0 (�3), 205.07.05.A, 205.08.01.0 t8), 205.08.US.A, 205.09.O1.0 (7), 205.09.05.C, 205.14.O1.A (14), AND 205.14.05.0 TO PROVIDE DEFINITIONS AND PARKING STANDARDS FOR HOSPITALS, NURSING HOMES, CONVALESCENT HOMES AND HOMES FOR THE ELDERLY: Mr. Burns, City Manager, stated that this request is by Noah's Ark, a developer of senior residences, who wishes to construct FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 4 a senior high rise on property located at the intersection of 83rd Avenue and West University Avenue Service Drive. The petitioner requests that Council make a distinction between senior apartment buildings and general purpose apartment buildings. Mr. Burns stated that currently, the City's ordinances, which apply to all multi-family buildings, require 1.5 parking spaces for one bedroom units and .5 parking space for each additional bedroom. The petitioner is requesting that the requirement be reduced to 1.0 parking spaces per unit, with fifty percent of those spaces being enclosed for multiple family residences that are dedicated to senior living. Staff is also suggesting that the parking ratio be reduced for convalescent homes to one space for every four beds and three spaces for every four employees on a shift. Mr. Burns stated that Council conducted the public hearing on October 28, with no adverse comments. Staff recommends approval of the first reading. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 5. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 6, 1996: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 6, 1996. - � 6. RESOLUTION NO. 112-1996 APPROVING A WETLAND REPLACEMENT PLAN, WR #96-01, BY NOAH'S ARK, GENERALLY LOCATED AT 83RD AND UNIVERSITY AVENLTES (WARD 3): Mr. Burns, City Manager, stated that the petitioners are constructing a 108 unit senior high rise on 3.2 acres of land located along the West University Avenue Service Drive at 83rd Avenue. They wish to fill .17 acres of Type 5 wetland. Mitigation is to be provided by expanding the existing wetland along 83rd Avenue near the south side of the proposed building. Some Type 5 wetland area will be converted to a Type 6 wetland, and the proposed retention pond is also considered an eligible mitigation area. Total mitigation is .34 acres or twice the area of the site being filled. Mr. Burns stated that this proposal has been reviewed and approved by the City's wetland consultant, Peterson Environmental. ADOPTED RESOLUTION NO. 112-1996. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 5 7. VARIANCE REQUEST, VAR #96-24, BY NOAH'S ARK, TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 15 FEET TO ALLOW THE , CONSTRUCTION OF AN 108 UNIT INDEPENDENT LIVING APARTMENT " BUILDING FOR SENIORS, GENERA.LLY LOGATED AT 83RD AND UNIVERSITY AVENUES (WARD 3) : Mr. Burns, City Manager, stated that this variance is needed to accommodate wetland mitigation and storm water retention. The proposed rear yard abuts the rear yard of the Wal-Mart property, and the variance will not create an adverse visual impact or a negative impact on green space. Mr. Burns stated that the Appeals Commission unanimously approved this variance request. The request is also within previously granted variances. GRANTED VARIANCE REQUEST, VAR #96-24, TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 15 FEET. 8. APPROVE WAIVER OF TEMPORARY SIGN PERMIT FEES FOR THETA CHI ALUI�INI FOR CHRISTMAS TREE SALES AT HOLIDAY PLUS, 250 57TH AVENUE N.W. (WARD 3): Mr. Burns, City Manager, stated that this request is from Carl Peterson of Theta Chi, an organization that raises money to operate their fraternity house at the University of Minnesota and .also for other community service projeets. Staff re�ommends the temporary sign permit fee of $80 be waived but requires a'$200 deposit to insure the removal of signs in a timely fashion. APPROVED WAIVER OF THE TEMPORARY SIGN PERMIT FEES FOR THETA CHI ALUMNI FOR CHRISTMA.S TREE SALES, BUT REQUIRE A$200 DEPOSIT TO INSURE THE REMOVAL OF SIGNS IN A TIMELY FASHION. 9. AWARD CONTRACT FOR INFILTRATION AND IN-FLOW STUDY: Mr. Burns, City Managex, stated that Request for Proposals were sent out in September, and four responses were received. Staff interviewed three firms and recommended that Bonestroo, Rosene and Anderlik (BRA) be hired for this study at a cost of $44,500. Mr. Burns said that the study would consist of three phases; investigation of ground water clean-up projects at several different locations, examination of MCES meters, and identification of areas where an intra-city I& I study may explain inflow or infiltration not accounted for by Phases 1 and 2. A supplemental appropriation for 1996 will be needed to cover this cost. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 6 10. 11. AWARDED CONTRACT FOR THE INFILTRATION AND IN-FLOW STUDY TO BONESTROO, ROSENE, AND ANDERLIK AT A COST NOT TO EXCEED $44,500. RECEIVE BIDS AND AWARD CONTRACT FOR DESIGN OF WELL HOUSE NO. 1, PROJECT N0. 298: Mr. Burns, City Manager, stated that the 1996 budget includes $30,000 for preparation of plans and specifications for upgrading Well House No. l. The upgrade is needed to meet requirements for chlorine and chemical feed. The on-off mode pumps will be replaced with variable speed booster pumps. Mr. Burns stated that bids were solicited from four firms, and the following bids were received: Bidder SEH BRA MSA TKDA Design $24,300 $25, 500 $26, 595 $56, 000 Inspection $6,000-$8,000 $15, 289 $17, 883 $22, 500 Total $32, 300 $40, 789 $44,478 $78, 500 Mr. Burns stated SEH was the low bidder at $24,300. SEH is also estimating that construction supervision and inspection will cost an additional $6,000 to $8,000. Staff recommends that the contract be awarded to SEH for preparation of plans and specifications in the amount of $24,300. RECEIVED THE BIDS AND AWARDED THE CONTRACT FOR THE DESIGN OF WELL HOUSE NO. 1, PROJECT NO. 298, TO THE IAW BIDDER, SEH IN THE AMOUNT OF $24,300. RESOLUTION NO. 113-1996 ELIMINATING TRUCK TRAFFIC ON MUNICIPAL STATE AID STREET ROUTE 326 (THIRD STREET) (WARD 3): Mr. Burns, City Manager, stated that this legislation is in response to requests from residents who live south of I-694 and west of University Avenue. It is proposed to designate truck routes on 49th, 53rd, 57th and 61st Avenues between University Avenue and Main Street. Local streets will then be posted with "No Thru Truck Traffic" signs. Approval by the State Commissioner of Transportation is needed to eliminate truck traffic on Third Street, as it is a Municipal State Aid Street. ADOPTED RESOLUTION NO. 113-1996. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 7 12. RESOLUTION N0. 114-1996 APPROVING THE AMENDED JOINT COOPERATIVE AGREEMENT OF THE SUBURBAN RATE AUTHORITY: Mr. Burns, City Manager, stated that this request allows Suburban Rate Authority's by-laws to be amended to allow temporary memberships. The purpose of temporary memberships is to allow cities who are not full members to participate with the SRA on matters related to the use of public rights- of-way by various utilities and other special matters that arise periodically. ADOPTED RESOLUTION NO. 114-1996. 13. RESOLUTION N0.115-1996 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND AND THE CAPITAL IMPROVII"IENT FUND FOR THE THIRD QUARTER OF 1996: Mr. Burns, City Manager, stated that these adjustments have arisen as a result of donations, unforeseen expenditures and reclassification of account codings. The revenue adjustments are for $10,915, the expenditure adjustments are for $12,479, and the Capital Improvements �ind adjustments are for $21,500. ADOPTED RESOLUTION NO. 115-1996, 14. RESOLUTION NO. 116-1996 PROVIDING FOR WATER RATE CHANGE: Mr. Burns, City Manager, sta�ed that a water rate increase is proposed. For those who use less than 5 million gallons a quarter, the rate would increase from $.90 per 1,000 gallons to $1.00 per 1,000 gallons, or by 11 percent. For those who use more than 5 million gallons a quarter, the rate would increase from $.95 per 1,000 gallons to $1.05 per 1,000 gallons. Mr. Burns stated that this increase is needed to generate a positive net operating income for our water utility. A major factor contributing to the increase is construction of new filter for Well No. 12. The new rate will include a senior citizen rate for seniors living in single family homes or duplexes whose income is less than the low income level defined by HUD. Mr. Burns stated that the rate iricreases for Fridley are well below the average monthly water rates in other metropolitan cities. The new rates will be effective on the January, 1997 billing. ADOPTED RESOLUTION NO. 116-1996. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 pAGE 8 15. APPROVE DISPOSITION OF TAX FORFEIT PROPERTIES LOCATED IN THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that there are two tax forfeit properties located in the City for which the County has asked if there is a municipal need for either of these properties. One property abuts Locke Lake, and the other property fronts on Janesville Street. Neither property is buildable, and staff recommended that the County sell these properties to adjoining property owners. APPROVED DISPOSITION OF TAX FORFEIT PROPERTIES FOR THE COUNTY TO SELL THESE PROPERTIES TO ADJOINING PROPERTY OWNERS. 16. RESOLUTION APPROVING .AND AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEARS 1996 AND 1997: Mr. Burns, City Manager, stated that staff is requesting the removal of this item from the agenda. 17. APPROVE GIS JOINT POWERS AGREEMENT BETWEEN THE CITIES OF FRIDLEY, COLUMBIA HEIGHT5 AND.ANDOVER: Mr. Burns, City Manger, stated that staff is proposing: to establish a joint GIS Range Rider program with the cities of Columbia Heights and Andover. The proposed joint powers agreement would result in the hiring of a consultant who would work with the three cities in four service areas: data maintenance; maintenance of a base map; development of custom applications; and training. Each of the three cities should get seventeen weeks of the consultant's time. Mr. Burns stated that the agreement would be for a one-year period and may be renewed if the effort is successful. Funding for Fridley's portion of the consulting services is budgeted in the form of salary and fringe benefits in the amount of $36,653 for a GIS Technician. The City would save money with a joint GIS Range Rider program since the cost of $40,000 would be split between the three cities. APPROVED A GIS JOINT POWERS AGREEMENT WITH THE CITIES OF COLUMBIA HEIGHTS AND ANDOVER. 18. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 70968 THROUGH 71421. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 9 19. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 20. ESTIMATES: APPROVED THE ESTIMP,TES, AS FOLIAWS: Schield Construction Company 13604 Ferris Avenue Apple Valley, MN 55124 Stonybrook Creek Bank Stabilization Project No. 246 FINAL ESTIMATE . . . . . . . . . . . . . . . $ 27, 434 . 77 Landmark Concrete, Inc. 17630 Highway 65 Ham Lake, MN 55304 1996 Removal & Replacement of Miscellaneous Concrete Curb & Gutter Project No. 294 FINAL ESTIMATE . . . . . . . . . . . . . . . $ 8, 690.11 Richmar Construction, Inc. 7776 Alden Way N:E. Fridley, MN 55432 Water Treatment Plant No. 3 Project No. 293 Estimate No. 3 . . . . . . . . . . . . . . . $139, 193.24 Thomas & Sons Construction, Inc. 13925 Northdale Blvd. Rogers, MN 55374 1996 Stre�t Improvement Project No. ST. 1996-1 & 2 Estimate No. 4 . . . . . . . . . . . . . . . $110,138.73 Frederick W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of October, 1996 .......$ 5,112.50 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 10 No persons in the audience spoke regarding these consent agenda items. MOTION by Councilwoman Jorgenson to approve the consent agenda items, with the exception of Item 16. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: PETITION FOR A STOP SIGN AT BROOKVIEW DRIVE AND RICE CREEK TERRACE: Mr. Nathan Shaw, 925 68th Avenue, submitted a petition for a stop sign at Brookview Drive and Rice Creek Terrace. Persons driving north on Brookview Drive have to make a complete stop before entering onto Highway 65. Those persons driving east on Rice Creek. Terrace do not have to stop even though they cross in front of traffic. He wanted the yield sign to be replaced with a stop sign. Mr. Flora, Public Works Director, stated that the reason for the yield sign at that intersection is to provide a safer crossing. Northbound traffic on Brookview Drive has clear visibility for all the traffic, and the Highway 65 traffic has a.direct movement onto Brookview Drive. Persons traveling east on Rice Creek Terrace have to yield to those vehicles coming off Highway 65. Mr. Flora stated that if the traffic from Rice Creek Terrace stopped, they would not have good visibility for those vehicles coming off Highway 65. The yield sign provides for checking the intersection before proceeding. As far as control, if there was a stop sign, there is the question of who is in error if there is an accident at this intersection. Councilman Billings asked if the City would have any greater liability if there was a stop sign for the Rice Creek Terrace traffic. Mr. Flora stated that there may not be a greater liability for the City, but there would be for the driver. Councilman Billings felt that drivers pay less attention to a yield siqn, and residents want a stop sign before there is an accident. Mr. Flora stated that the yield sign establishes liability at the intersection. Drivers from Rice Creek Terrace would be looking FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 11 south, and vehicles would be coming off Highway 65 from the north. The driver coming down Rice Creek Terrace does not have good visibility. Mr. Dan Couillard, 914 68th Avenue, stated that if you are driving south on Highway 65, exit at this intersection and make a right turn, those at the yield sign coming from Rice Creek Terrace believe you are making a right turn when, in essence, you have to then make a left turn to go down Brookview Drive. Mr. Shaw stated that when 68th Avenue was widened the 30 mph speed limit signs were removed. He requested that those stop signs be replaced. It was the consensus of the Council that the speed limit signs should be installed, and the yield sign at Rice Creek Terrace be changed to a stop sign. MOTION by Council.man Billings to receive Petition No. 11-1996 for a stop sign at Rice Creek Terrace and Brookview Drive. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: 21. PUBLIC HEARING ON LOCAL LAW ENFORCEMENT BLOCK GRANT IN THE AMOUNT OF $18,506: MOTION by Councilman Schneider to. waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:15 p.m. Ms. Rosie Griep, Special Projects Coordinator, stated that in September, the City was notified by the Office of Justice Assistance that they would provide a local law enforcement block grant in the amount of $18,506. This award required the establishment of an advisory board who, in turn, made non-binding recommendations on how the funds would be allocated. The board met November 20 and recommended that the funds be used for officer overtime to be directed at crime control and curfew enforcement. Ms. Griep stated that a public hearing is required to uphold and support the recommendations of the board on the use of these funds. No persons in the audience spoke regarding the allocation of this local law enforcement block grant. MOTION by Councilman Billings. to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:16 p.m. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 12 22. PUBLIC HEARING ON AN ORDINANCE AMENDING SECTION 2.06.01 OF THE FRIDLEY CITY CHARTER: MOTION by Councilwoman Jorgenson 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. Mr. Champa, City Clerk, stated that this item was before Council earlier this year, and there was a first reading of an ordinance to amend this section of the City Charter covering vacancies on the Council. However, the first reading of the ordinance failed. Mr. Champa stated that the Charter Commission has reviewed Council's comments regarding amendments to this section and has re- submitted the proposed amendment with two changes. The new amendment to Section 2.06.01 removes the words "without good cause" and "any of" from this section. Some Councilmembers interpreted "any of" as only one of Council's duties, and some interpreted it as all of Council's duties. Council's duties are not defined in the Charter and may be addressed at a later date. Councilman Schneider stated that the proposed new amendment is an improvement. However, he is still uncomfortable with the language, as it is very ambiguous. One of his suggestions was a due process provision included in the Charter. This section states that Council shall, within thirty days declare a vacancy. This raises the question of what constitutes a vacancy. He asked, for example, would .it constitute failure of a Councilmember to perform his duties if there is a Councilmember that is significantly ill or incapacitated? In the absence of a list of duties, some due process should be established as to how to define the lack of performance. Councilman Billings stated that he voted in favor of the change that the Charter Commission suggested several months ago and he would be willing to support this new amendment. What the Charter Commission is attempting to accomplish is �o clean-up the language without a major re-write of the Charter. Councilwoman Bolkcom stated that it would be hard to list all the reasons why a vacancy may be declared. Mayor Nee stated that he is very concerned with this amendment. He does not know how to define sufficient performance. The Charter now states the performance standards required of the Mayor. The standards are not listed for a Councilmember. Ms. Carol Hoiby, member of the Charter Commission, stated that when reasons are listed, there will be some that are missed, and she did not know where the line should be drawn. FRIDLEY CITY COUNCIL MEETING OF NOVE1`�ER 25, 1996 PAGE 13 Councilman Schneider felt that the wording "without good cause" is a safety valve. If this wording is removed, and there are not reasons listed, it is open to mischievous games. Councilwoman Bolkcom stated that the bottom line is to have each resident represented. If a Councilmember is gone for several months or incapacitated, his ward is not being represented. Councilman Schneider stated that unless there are significant changes, he would not support this amendment. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:30 p.m. OLD BUSINESS: 23. ORDINANCE NO. 1084 REPEALING CHAPTER 12 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 12, ENTITLED "TOBACCO PRODUCTS," AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITLED "GENERAL PROVISIONS AND FEES" (TABLED Mayor Nee removed this item from the table. Mr. Gary Lenzmeier, of the Police Department, stated that at Council's direction some research was done on this proposed ordinance, and language was added. The first change was the addition of an item regarding training. It would be mandatory for retailers to train their clerks concerning underage purchasing of tobacco products, and also that the vendors certify at each license period that their clerks have been trained. This language was incorporated from the Hopkins City ordinance. Mr. Lenzmeier stated that another change is regarding the hearing procedure. The ordinance provides for a hearing examiner as the first step in any type of hearing for those who violate the selling of tobacco products. Language was incorporated from the nuisance abatement ordinance and included in ihis ordinance. If the licensee is not satisfied with the results of the hearing examiner, he/she can appeal to Council. Language was also changed to allow a twenty day time period to apply for a hearing. Mr. Lenzmeier stated that there was concern about compliance checks. The original language indicated that in order to conduct a compliance check, a person had to be a member of the Police , Department, the vendor, or done in conjunction with the Police Department. The State Statute:.language was considered, but Council felt that if a group wanted to':do compliance checks in Fridley then the Fridley Police Department:�:should be made aware of it prior to the compliance checks. Therefore, the original language from the FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 14 first reading was used but changed to require anyone other than the vendors or the Fridley Police Department wishing to do a compliance check must have pre approval from the Police Department. Mr. Lenzmeier stated that language was also changed regarding the payment of a fine. This period is extended from seven days to twenty days to correspond with language in the hearing examiner section. MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 1084 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. VARIANCE REQUEST, VAR #96-24, BY KIM J. MILLER OF MILLER FUNERAL HOME, TO REDUCE THE REAR YARD SETBACK FROM 40 FEET TO 33 FEET TO ALLOW CONSTRUCTION OF A 22.7 FOOT BY 60 FOOT ADDITION TO A STORAGE` BUILDING; TO REDUCE THE FRONT YARD SETBACK ON A CORNER LOT FROM 80 FEET TO 37 FEET TO A.LLOW THE CONSTRUCTION OF A 30.5 FOOT BY 66 FOOT ADDITION TO AN EXISTING FUNERAL HOME, GENERALLY LOCATED AT 6210 HIGHWAY 65 N.E. (TABLED NOVEMBER 4, 1996) (WARD 2): Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that at the November 4 meeting, Council gave specific direction to table this item to November 25. The petitioner has advised that, due to a numb�r of deaths, he has not had time to contact residents in the area. The petitioner was advised that there was another Council meeting December 16 so that the time limit could be met. The petitioner volunteered to complete the survey this past weekend, but the results would have had to be presented at tonight's meeting. She did not feel this was fair to Council. Councilman Schneider stated that his only concern is, if on December 16 there are any questions that have not been addressed, he would move to deny it. Ms. Dacy stated that it has been made clear to the petitioner that December 16 was the date Council would make a decision. MOTION by Councilman Schneider to table this item to the December 16 Council meeting. 5econded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 15 NEW BUSINESS: 25. FIRST READING OF AN INTERIM ORDINANCE DECLARING A MORATORIUM ON THE CONSTRUCTION OF TELECOMMUNICATIONS FACILITIE5: Ms. Dacy, Community Development Director, stated that the City has received several applications for antenna towers and anticipates more in the future because of the rapid advancement of this communication type of service. There are four sites in the community that received approval; two for cellular and two for personal communication services. Ms. Dacy stated that additional providers are expected ta be licensed in the near future. There will be requests for these facilities in the City and metropolitan area. Ms. Dacy stated that staff is recommending a proposed ordinance that establishes a 180 day moratorium on the construction, placement, or expansion of towers in the City. The moratorium is recommended to: (1) complete a study of the possible impact of the towers on the public health, safety, and welfare including location, height, lot size, construction standards and visual impacts; (2) identify optimal locations for the towers including municipal facilities and to possibly require co-location of antennas on specific sites; and t3) draft amendments to the City's ordinance to adequately address issues pertaining to towers as recommended in the study. Ms. Dacy stated that other metropolitan area jurisdictions are adopting a similar approach so that proper planning processes can occur. Staff is proposing a 180 day moratorium and will draft RFPs to consultants to complete the study. She hopes to complete the process quicker than the 180 days. However, to allow for proper time, it is felt the 180 days is needed rather than the 120 days Iisted in the proposed ordinance. Ms. Dacy stated that she has been receiving telephone calls from petitzoners and would anticipate they may want to speak about this ordinance at the next meeting. Staff and the City Attorney feel this is the best approach. MOTION by Councilwoman Bolkcom to waive the reading and approve the ordinance on first reading, with the change from 120 days to 180 days on Pages 2 and 3 of the ordinance. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 26. RESOLUTION N0. 117-1996 SUPPORTING A SIDEWALK ON THE WEST SIDE , OF EAST RIVER ROAD (WARD 3): Mr. Flora, Public Works Director, stated that there was a neighborhood meeting held on October 30 on the issue of a sidewalk on the west side of East River Road. Residents and tenants were FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 16 advised when Council would make a decision, and they have been notified of this meeting. He received comments both pro and con for this sidewalk. Mr. Flora stated that two letters were received in support of the sidewalk from Dianne Haldorson, 514 Dover Street and Arthur Ohotto, 542 Ely Street. MOTION by Councilwoman Bolkcom to receive these letters from Dianne Haldorson and Arthur Ohotto. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Morphew, representing his mother, Myrtle Morphew, 7948 East River Road, stated that he is opposed to the sidewalk because it would be placed very close to his mother's residence. His mother feared for her privacy and security because people would be able to look into the windows. Mr. Morphew stated that the impact on his mother and her property outweighs the recreational improvement in the area. There is already a negative impact by the expansion of East River Road. A sidewalk that close would further erode the value of her property. Mr. Morphew stated that at the October 3fl meeting, a straw vote was overwhelmingly opposed to the sidewalk. Councilwoman Bolkcom stated that there was a straw vote for actual persons living on East River Road versus those that were impacted by not having a sidewalk. She believed Mr. Morphew's mother's property is already impa�ted, and she is aware that the owner has lived there a long time. Councilwoman Bolkcom stated that the City has received a letter in support of the sidewalk from the Metropolitan Transit Authority. Ms. Sue Painter, 541 Dover Street, stated that she attended the Anoka County meeting regarding this sidewalk. She was never informed of the October 30 neighborhood meeting. She lives on a dead-end street and walks everyday. She definitely would be in favor of the sidewalk. She asked if there is right-of-way where a person can walk along the boulevard if a sidewalk is not installed. Mr. Flora stated that the County has a right-of-way between the curb and property line and allows people to walk within the right- of-way. With the County taking additional right-of-way, the sidewalk is a lot closer to the homes. Mr. Dave Ruschy, 584 Janesville Street, stated that he was in favor of the sidewalk. His wi�e rides the bus. When the road is finished there will be less places for the bus to stop. A sidewalk on the west would provide a safe.place to walk. Mr. Dave Shirk, 531 Dover Street, stated that he was in favor of the sidewalk. Cars travel up to 60 mph on East River Road, and he FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 17 felt the sidewalk would provide protection for his children waiting for the school bus, as well as a safe place to walk. Councilwoman Jorgenson stated that she received eight telephone calls in support of the sidewalk. MOTION by Councilwoman Bolkcom to adopt Resolution No. 117-1996. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 27. INFORMAL STATUS REPORTS: Councilwoman Bolkcom announced that there would be a meeting at City Hall on December 2 regarding a business occupying the locati.on which was once Steak Express. Mr. Burns, City Manager, stated that there is one item for discussion during the conference session, which is the Mississippi River Flood Plain Study. Councilwoman Bolkcom stated that she would request a few minutes to discuss the recycling center. ADJOURNMENT : MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 25, 1996 adjourned at 9:02 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council William J. Nee Mayor THE MINUTES OF THE SPECIAL FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 1996 r € ( i P' i, � THE MINUTES OF THE SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 4, 1996 The Special Meeting of the Fridley City Council was called to order by Mayor Nee at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: ADOPTION OF AGENDA: Mayor Nee, Councilwoman Jorgenson, Councilman Billings and Councilwoman Bolkcom Councilman Schneider MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Pete Eisenzimmer, 6525 Oakley Drive, voiced his concern that his mail box has been knocked down twice by the snowplow. He stated that this is a Federal offense, and he felt the City was responsible and should repair it. Mr. Eisenzimmer stated that he talked to Councilman Billings. Someone from the City came out and told him the plow did not hit the mail box. The snowplow driver is responsible for materials that hit the mail box even though it may not be the actual plow. This also happened last winter; however, these last two winters are the only times he has had a problem. Mayor Nee stated that if Cauncilman Billings is checking on this problem he believed the City would try to resolve the issue. PUBLIC HEARINGS: l. PUBLIC HEARING ON THE ADOPTION OF THE 1997 CITY OF FRIDLEY BUDGET: AND PUBLIC HEARING TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notices and open the public hearings. Seconded by Council- . SPECIALI CITY COUNCIL MEETING OF DECEMBER 4, 1996 PAGE 2 man Billings. Upon a voice vote, all voting aye, Ma or Nee declared the motion carried unanimousl and the y opened at 7:39 p.m. y public hearings Mr. Burns, City Manager, stated that it was a pleasure to present the 1997 budget. He stated that he would address the budgeting process and issues which arose from this process, compare this budget with last year's, as well as review its impact and the City's financial health. Mr. Burns stated that one of the most relevant issues is actions that will be taken by the State legislature, as this affects revenues. In 1996, a lot of time was spent on the State's tax structure. Tax reform wzll be a primary issue in 1997, The State is considering several approaches to tax reform. Ann Rest, the House Tax Committee Chair, has drafted a tax reform proposal that would have the State legislating property taxes for education and local governments levying property taxes for local governmental services. This legislation would also eliminate HACA assistance to the City which amounts to about one million dollars a year. Mr. Burns stated that another proposal for tax reform is instead of applying the different levies to tax capacity, it would be applied to market values which would shift the tax burden from commercial and industrial properties to residential properties. In addition to these proposals, other bills are also being considered for tax reform. Mr. Burns stated that representatives from AMM said strong consideration for a property tax freeze. The can hope for is that no revenues are lost, but we do any gains. There is a real danger of losing HACA, property tax freeze, and a more restrictive distribution of Local Government Aid. that there is best the City not to expect as well as a formula for Mr. Burns stated that Council met with department managers to establish their goals and objectives for 1997. The major priorities were fighting crime, redeveloping blighted areas, increasing citizen involvement, enhancing the City's image, and improving the quality of City services. The department managers were very responsive. The Police Department proposes to improve the involvement of the neighborhood police officers by providing a minimum of sixteen hours of new training for twelve neighborhood resource officers. The Recreation Department will begin a volunteer supported parks beautification program. The Community Development Department will continue to fulfill efforts to upgrade the attractiveness of neighborhoods through rehabilitation programs, acquisition programs, and establishment of a housing maintenance code. The . SPECIALI CITY COUNCIL MEETING OF DECEMBER 4, 1996 PAGE 3 Public Works Department will improve the City water services through completion of the construction of a new filter plant on Highway 65. Mr. Burns stated that the financial burden of the City was eased with the budget cuts done in 1995. He then proceeded to identify issues that arose in this year's budgeting process. He stated that 27 positions were reclassified which has a$90,000 impact on the General �ind. There was focus on a number of other issues which were related to cuts made in 1995. Those included the restoration of warming houses, the purchase of Public Works equipment, the brush disposal program, and.the capital improvements and utility fund projects. A number of Municipal Center improvements were discussed including rewiring, the municipal garage improvements, water rate increases, and the joint funding of an adult gymnasium and an addition to the Community Education Center. Mr. Burns stated that the total budget for all funds is $13.4 million. This is $1.4 million greater than the 1996 budget or a 12 percent increase. The majority of the increase is for the joint venture with School District No. 14 for the adult gymnasium and the addition to the Community Education Center. Mr. Burns stated that the General Fund budget is $10 million which represents a 2.4 percent increase over last year or approximately $239,000. This increase is attributable to increased employee costs and commitment to replace machinery and equipment. There are no increases associated with the employment of additional full-time staff but a small increase for part-time warming house attendants and an increase to help to cover additional evening hours at Springbrook Nature Center. The equipment being replaced is in the Public Works and Poli_ce Departments. Mr. Burns stated that the total budget for the Special Revenue Funds is $889,000 which represents a 9.2 percent increase from 1996. The increases are in the Cable Television and Solid Waste Abatement Funds. Mr. Burns stated that the total budget for the Capital Projects F�.ind is $2,457,000 or a 83.9 percent increase from 1996. There are three components to �his fund which include buildings and lands, streets, and parks. The buildings and lands category will increase from $63,000 in 1996 to $1,685,464 in 1997. Of this cost, $1,588,464 is to be spent in support of the City`s portion of joint projects with School District No. i4 for an adult sized gymnasium at Hayes Elementary School and construction of an addition to the Community Education Center. Mr. Burns stated that $50,000 will also be used to replace Municipal Center fuel tanks and $20,000 for computer-related rewiring of the.Municipal Center. SPECIALI CITY COUNCIL MEETING OF DECEMBER 4, 1996 PAGE 4 Mr. Burns stated that in the street category, there is a decrease from $941,680 in 1996 to $492,540 in 1997. This is the result of the absence of a major street reconstruction program for 1997. In the park category there is a decrease from $332,100 in 1996 to $279,600 in 1997. Mr. Burns stated that the City has four Enterprise Funds: water, sewer, storm sewer, and liquor operations. The total budget for these funds is $8,793,216 which is a fifteen percent decrease from 1996. Most of the decrease is attributable to reduced liquor fund expenditures and a six percent water fund decrease associated with a reduction of debt service expenditures for 1997. Mr. Bu�ns stated that for the sixth time in the last seven years, Council has determined not to increase the City`s budget tax levy. The budget projects the use of $491,084 from fund balances. He stated that this decision not to levy property taxes will result in decreased property taxes for some property owners. The City's portion of the property tax is only one part of the total tax bill. Taxes will vary depending on the taxing jurisdictions where the property is located. The actual levy depends on any changes in market value and the extent to which additional levies are passed. Mr. Burns stated that the City will have nearly $35 million in projected fund balances by the end of 1996. More importantly, it is projected that the City will have $21 million in discretionary fund balances. He also pointed out that these balances are declining as we use them to fund our operating budget. Mr. Burns stated that in comparing General Fund expenditures with external, as opposed to internal, sources of revenue; in 1992, the City had more external sources of revenue than expenditures. This disappeared in 1993 and grew worse until 1995. This issue was addressed in 1996, but the City is still using external sources of revenue for funding. He felt that the City would need to continue to rely considerably on external sources of tunding to balance the General Fund budget. The Debt Service �ind, the General. Fund reserves, and the Liquor Fund continue to be important sources of transfers to the General �znd. Mr. Burns stated tha�t expenditures have increased by only about 1.2 percent in the last five years in constant dollars. He felt that this was remarkable considering the new programs that have been added. Mr. Burns stated that all the external indicators are positive and reflect that Fridley is experiencing good economic times. Construction is the highest it has been in ten years. There are eleven new projecis in Fridley this year that are in excess of $500,000 each. � � SPECIALI CITY COUNCIL MEETING OF DECEMBER 4, 1996 PAGE 5 Mr. Burns stated that unemployment is about the same as last year; at 3.2 percent. The number of jobs in Fridley has increased about 1.3 percent, with a small loss in manufacturing jobs and a gain in retail and the service sector. Retail sales have increased from $153,735,965 in 1993 to $303,855,349 in 1995. This figure will, no doubt, increase as a resuit of the construction of Home Depot. Property values have increased by about 2.9 percent, with some increases ranging from 3.2 to 5.9 percent. Mr. Burns stated that crime decreased by 1.4 percent, and serious crimes decreased.by 12.2 percent. The amount of students receiving free or assisted meals declined by 4.5 percent, and those receiving food stamps declined by 4 percent. Mr. Burns stated that even though the City has an attractive local economy, caution is needed in decision-making as it relates to expenditures. Every year the City is using the reserves to balance the budget. That number is getting higher. There is the prospect of tax reform in 1997. Al1 revenue sources tend to be very static and do not necessarily grow with the economy. Mr. Burns stated that the City did a lot of budget cutting in 1995 and seized most of the opportunities to economize. He stated that the City will spend about $40,00 a year to operate a community center. The Police Department is receiving requests for more community oriented policing. Funds are needed to upgrade the street infrastructure. There is also a long list of commercial and residential redevelopment projects that will ultimately compete for tax dollars. Mr. Burns stated that the City will continue to search for economies. He felt that one way this may be accomplished is through cooperative ventures with other cities. The City is now working with the cities of Andover and Columbia Heights in this regard for the establishment of a GIS Range Rider program. Mr. Burns stated that there will be increasingly tough decisions, but the challenges are made easier by a strong economic environment. Mayor Nee noted that his property taxes for the City and County decreased, with an overall decrease of 4.3 percent. Mr. Pete Eisenzimmer, 6535 Oakley Drive, stated that he was saddened that there were not more people at this meeting on taxes. He questioned why taxpayers were bei.ng taxed when there is a lot of new businesses which should be bearing some of the tax burden. He felt there should be tax relief for the senior citizens. He said businesses are getting a tax break and residents are not. Mr. Burns stated that one approach that has been suggested to the Legislature is to shift the burden of taxation from commercial and industrial to residential property. There is also the feeling that � SPECIALI CITY COUNCIL MEETING OF DECEMBER 4, 1996 PAGE 6 tax reform should simplify the State taxation system. There is also an effort to address the need for an educational fund. Mr. Burns stated that there is nothing in this budget that raises taxes. In a lot of cases, there will actually be a decrease. The City has been spending fund balance but still wants to keep a substantial amount of fund balance to avoid substantial tax increases. Mr. Eisenzimmer stated that he thought the Hayes auditorium was included in the school referendum. Mr. Burns stated tha.t the school referendum covered a youth sized gymnasium. The City's contribution will accommodate an adult program. The City`s contribution to the project is very small. The residents will receive a good product for the funds spent. The Community Education Center will receive an addition that wili benefit the seniors. Mr. Eisenzimmer felt that the seniors do a lot of volunteer work and contribute to the community. They should be recognized and be given a tax break so they can remain in their homes. Councilman Billings said that the State legislature determines the tax rates for commercial, industrial, and residential properties. The City only operates under the powers and authority given by the State. The City cannot reduce proper�ty taxes for senior citizens. If Mr. Eisenzimmer would like, he should contact his State representatives for changes in the tax structure. About sixty percent of the value of property in this City is single family residential housing, and those properties only pay about thirty percent of the real estate taxes. On the other hand, approximately thirty percent of the property in the City is commercial and industrial, and they pay sixty percent of the property taxes, with multi-housing paying about ten percent. If there is tax reform in the State based on value, it would mean residential property owners may pay double the taxes, and commercial and industrial taxes would probably be cut in half. Mr. Pribyl, Finance Director, stated that there are legal reasons why the City has to maintain some of the fund balances. Councilman Billings stated that the City's portion of the property taxes probably decreased. Mr. Eisenzimmer stated that his taxes decreased by $14.00, but he did not think that was substantial. He felt it should have been about $100. Councilman Billings stated that $14.00 is a large sum when all properties in the City are considered. � SPECIALI CITY COUNCIL MEETING OF DECEMBER 4, 1996 PAGE 7 Councilwoman Jorgenson stated that her taxes increased by percent, and her portion of City taxes is $188.39. She pays for garbage service than for the services she receives from City for water, snow plowing, and police and fire protection. Mr. Eisenzimmer to $4.00, which should eliminate 1.8 more the stated that recycling has also increased from $2.00 he predicted would happen. He felt that the City recycling. Councilwoman Jorgenson said that the State would not allow the City to quit the recycling program. The County would have to pick up these materials and charge the City. This would end up costing the City more. Everyone is facing this problem, as there is not a market for the recycled materials. The Council is trying to do the best job possible to keep taxes down. Mr. Eisenzimmer also questioned what was developing on the drive-in site. Mr. Burns stated that there is a designated developer who has an eighteen-month agreement with the HRA to develop the site. There has been a very intensive marketing program, and the developer is working very diligently. It is the intent to reserve that land for corporate office space. The City could have had retail development there a long time ago, but this would not have generated as much market value for tax purposes. A lot of corporations either locate their offices south or west, and it is difficult to convince them to locate in the northern suburbs. Mr. Pribyl, Finance Director, stated that the 16 mill levy is a Charter requirement that when it is anticipated the Council would approve a levy in excess of 16 mills, a public hearing is required and a resolution passed by a four-fifths vote. There was a change in the tax law, but since the Charter has not been modified, the City needs to satisfy this requirement and hold the public hearing. Mayor Nee stated that the Charter requirement for the 16 mill process has been met with this public hearing. Councilman Billings stated that the Charter has not been changed or updated from tax mills to tax capacity even though it has been about eight years since the law was changed. Mr. Pribyl stated that staff is working on this. It will be an agenda item for the Charter Commission. Mr. Pribyl stated that on December 16, 1996, the budget and levy will be before Council for formal adoption. Mr. Burns stated that Council will meet at 8:00 p.m., instead of 7:30 p.m, on December 16, 1996. SPECIALI CITY COUNCIL MEETING OF DECEMBER 4, 1996 PAGE 8 MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:34 p.m . MOTION by Councilwoman Bolkcom to adjourn the meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Special Meeting of the Fridley City Council of December 4, 1996 adjourned at 8:34 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor MEMORANDUM PLANNING DIVISION DATE: December 9, 1996 TO: William W. Bums, City Manager,➢, f�%� FROM: Barbara Dacy, Community Development Director Scott J. Hidcok, Planning Coordinator SUBJECT: Second Reading of an ordinance approving a zoning text amendment ZTA#96-03, by Roland Stinski, to amend Code Section 205.16.01.0 to allow professional jewelry services with a special use permit. The City Council conducted a public hearing for ZTA #96-03, at its November 4, 1996 meeting. The request would atlow professional jewelry services as a special use perrrtit in the CR-1, General Business District. The Planning Commission conducted a public hearing for this request on October 16, 1996: The Commission unanimously recommended approval of the amendment as a special use permit, rather than a permitted use. The Commission's recommendation included 3 stipulations which are included in the attached ordinance. The City Council approved first reading of this ordinance orr November 25, 1996. Recommendation Staff recommends that the City Council approve seoond and final reading of the attached ordinance. 7.Q 1 i ORDINANCE NO. � . � AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS 205.16.O1.0 BY ADOPTING NEW SECTION 205.16.O1.C.(5). The City CounciZ of the City of Fridley does hereby ordain as follows: Section 1. Section 205.16.O1.C. Special Use Permits: (5) Professional Jewelry Services (a) All retail sales shall be considered as an accessory use and shall not comprise more than 25 percent of the floor area. (b) No exterior signage shall be permitted. (c) A separate exte�ior entrance shall not be created for the retail sales area. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16TH DAY OF DECEMBER, 1996. ATTEST: WILLIAM A. CHAMPA, CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: November 4, 1996 First Reading: November 25,1996 Second Reading: Publication: 1.�2 MEMORANDUM , PLANNING : DIVISION DATE: December 5, 1996 TO: Wiliiam Burns, City Manager q!� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Amending Chapter 205 Entitled, "Zoning", to Provide Definitions and Parking Standards for Nursing Homes, Convalescent Homes, and Homes for the Elderly The City Council conducted a public hearing regarding this zoning text amendment at its November 4, 1996, meeting. The Planning Commission recommended approval of the changes to the zoning ordinance at its October 16, 1996, meeting. The City � Council approved the first reading of the ordinance at its November 25, 1996, meeting. Recommendation Staff recommends that the City Council approve the second and final "reading of the attached ordinance. MM:Is M-96-554 2.01 ORDINANCE NO. � AN ORDINANCE A1�NDING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTIONS 205.07.O1.C.(8), 205.08.O1.C.(8), 205.09.O1.C.(7), AND 205.14.O1.A.(14), TO PROYIDE PARKING STANDARDS FOR HOSPITALS, NURSING HOMES, CONVALESCENT HOMES, AND HOMES FOR THE ELDERLY The City Council for the City of Fridley does hereby ordain as follows: 205. ZONING 205.07. R-1 ONE-FAMILY DWELLING DISTRICT REGULATIONS 1. USES PERMITTED C. Uses Permitted With a Special Use Permit. (8) Hospitals, clinics, nursing homes as defined in Section 205.03.54, convalescent homes, and homes for the elderly as defined: (a) Independent Living Facilities: Residential living facilities for the elderly which provide limited services; i.e., beauty salons, limited dining, and medical assistance, etc. (b) Assisted Living Facilities: A residential living facility for the elderly with more intensive assistance to residents. 205.08. R-2 TWO FAMILY DWELLING DISTRICT REGULATIONS 1. USES PERMITTED C. Uses Permitted With a Special Use Permit. (8) Hospitals, clinics, nursing homes as defined in Section 205.03.54, convalescent homes, and homes for the elderly as defined: � 2.�2 _ Page 2 - Ordinance No, (a) Independent Living Facilities: Residential living facilities for the elderly which provide limited services; i.e., beauty salons, limited dining, and medical assistance, etc. (b) Assisted Living Facilities: A residential living facility for the elderly with more intensive assistance to residents. 205.09. GENERAL MULTIPLE DWELLING REGULATIONS 1. USES PERMITTED C. Uses Permitted With a Special Use Permit. (7) Hospitals, clinics, nursing homes.as defined in Section 205.03.54, convalescent homes, and homes for the elderly as defined: (a) Independent Living Facilities: Residential living facilities for the elderly which provide limited services; i.e., beauty salons, limited dining, and medical assistance, etc. (b) Assisted Living Facilities: A residential living facility for the elderly with more intensive assistance to residents. 205.14 C-2 GENERAI, BUSINESS DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. (14) Hospitals, clinics, nursing homes as defined in Section 205.03.54, convalescent homes, and homes for the elderly as defined: (a) Independent Living Facilities: Residential living facilities for the elderly which provide limited services; i.e., beauty salons, limited dining, and medical assistance, etc. (b) Assisted Living Facilities: A residential living facility for the elderly with more intensive assistance to residents. : 2.03 Page 3 - Ordinance No. � 205.07. R-1 ONE-FAMILY DWELLING DISTRICT REGULATIONS 5. PARKING REQUIREMENTS A. General Provisions. (4) For nursing homes and homes for the elderly, parking shall be provided at the following rates: (a) Nursing Homes: One space for every four (4) beds and three (3) spaces for every four (4) employees on the largest shift. (b) Independent Living Facilities: One space per dwelling unit, with 50$ of the stalls enclosed. If the building is convertible to market rate, the number of stalls provided shall be as in Section � 205.09.OS.C.(1). (c) Assisted Living Facilities: One-half (1/2) space per unit. 205.08 R-2 TWO-FAMILY DWELLING DISTRICT REGULATIONS 5. PARKING REQUIREMENTS A. General Provisions. (4� For nursing homes and homes for the elderly, parking shall be provided at the following rates: (a} Nursing Homes: One space for every four (4) beds and three-{3) spaces for every four (4) employees on the largest shift. {b) Independerit Living Facilities: One space per dwelling unit, with 50� of the stalls enclosed. If the building is convertible to market rate, the number of stalls provided shall be as in Section 205.09.05.C.(1). (c) Assisted Living Facilities: One-half (1/2) space per unit. 205.09. GENERAL MULTIPLE DWELLING REGULATIONS 5. PARKING REQUIREMENTS 2.04 Page 4 - Ordinance No. C. Parking Ratio. (4) For nursing homes and homes for the elderly, parking shall be provided at the following rates: (a) Nursing Homes: One space for every four (4) beds and three (3) spaces for every four (4) employees on the largest shift. (b) Independent Living Facilities: One space per dwelling unit, with 50� of the stalls enclosed. If the building is convertible to market rate, the number of stalls provided shall be as in Section 205.09.05.C.{1). (c) Assisted Living Facilities: One-half (1/2) space per unit. 205.14. C-2 GENERAI� BUSINESS DISTRICT REGULATIONS 5. PARKING REQUIREMENTS C. Parking Ratio. (1.) At least one (1) off-street parking space shall be provided for each 150 square feet of building floor area in the C-2 District except: (f) For nursing homes and homes for the elderly, parking shall be provided at the following rates: ({1))Nursing Homes: One space for every four {4) beds and three (3) spaces for every four (4) employees on the largest shift. ((2))Independent Living Facilities: One space per dwelling unit, with 50� of the stalls enclosed. If the building is convertible to market rate, the number of stalls provided shall be as in Section 205.09.05.C.{1). ((3))Assisted Living Facilities: One-half (1/2) space per unit. PASSED AND .A�DOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. 2.�5 Page 5 - Ordinance No. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: November 25, 1996 Second Reading: Publication: 2.�6 l�ZEMOI�.ANDUM : PLAN1vING �DIVISION DATE: December 5, 1996 TO: Wiliiam Burns, City Manage��iB' FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT; Second Reading of Interim Ordinance Declaring a Moratorium on the Construction of Telecommunication Facilities The City Council conducted the first reading of the attached interim ordinance at its November 25, 1996, meeting. ' The ordinance establishes a moratorium for 180 days on the construction of telecommunication facilities. An RFP for a study is being prepared. The purpose of the study is to determine the required number of telecommunication facilities needed within the City, identify sites for co-location, and recommend specific construetion guidelines in preparation of an ordinance. � Staff recommends that the City Council approve the second and final reading of the attached interim ordinance and order its publication: MM:Is M-96-555 3.01 � , .. `Yi , .,,. -1 . . .. .. . �.< ,�. . _ _ ... . .. . _ .�. , ,a . ..._, .�..._ 33.�.YZE,.�b..K.h32i2'i�1�3�}�3�3�i27�i�,2, .?.�.�2 3, b iis.,�....... ... . . � . . . �r>,.. . .�,..?.., .i.2 1.� v ;�Fv ..h4. ...t. 72,s7t7t �t;:2b � i,Yti2r}.�i2f, ,.j2<� '. ORDINANCE NO. ESTABLISHING BY INTERIM ORDINANCE A MORATORIUM WITHIN THE CITY ON THE CONSTRUCTION OF NEW CO1rIlrI[7NICATION AND ANTENNA ARRAY TOWERS AND ON THE USE AND DEVELOPMENT OF PROPERTY FOR SUCH NEW TOWERS THEREBY AMENDING THE CITY CODE BY ADDING A NEA SECTION FOR THA.T PURPOSE IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, THAT THE CITY CODE IS HEREBY AMENDED TO INCLUDE A NEW SECTION TO READ AS FOLLOWS: - CONIlK[JNICATION AND ANTENNA TOWER MORATORIUM (a) PREAMBLE The City Council of Fridley, Minnesota, finds that recent advances in wireless communications technology have resulted in a new generation of cellular communication services. These new services, called "Personal Communications Services" ("PCS"), will likely require numerous antenna locations throughout the community. These antennae may be located on buildings, water towers, and other similar structures, but will also frequently be located on towers constructed or enlarged for that purpose. The City Council of Fridley further finds that PCS providers have recently been licensed by the Federai Communications Commission ("FCC") for the Minneapolis/St. Paul Major Trading Area ("MTA") and additional providers are expected to be licensed in the near future. In addition, demand is increasing for traditional cellular services from existing or new providers. Collectively, these entities are expected to begin or continue efforts at antenna siting and construction within the City, including requests to construct new or enlarged communications towers. Because of the recent advent of the technology requiring construction of multiple communications towers, current Fridley ordinances may not adequately address issues relating to these types of towers, such as the appropriate locations for these towers and the conditions under which they may be allowed within the City to provide sufficient protection to the health, safety and welfare of the citizens of the City. Issues which need to be comprehensively addressed in reviewing the impact of this new, technology-driven, communications phenomenon inc�lude, but are not limited to, structural and construction requirements and standards,,-co- location to avoid unnecessary`duplication of construction within the City, as well as setbacks and height limitations. � 3.02 Page 2 - Ordinance No. The City Council of Fridley, Minnesota, further finds that there is a need to study these and other issues to determine what regulatory controls may need to be adopted to protect the public health, safety and welfare. The City has issued a Request for Proposal to experienced consultants for the purpose of assisting the City's professional planning and engineering staff in conducting a comprehensive study of the possible impact of these towers on the City, and to provide, with City Staff, recommendations to the City of Fridley regarding PCS and cellular service and other antenna or wireless tower issues. Time is also required for the City's staff to draft any necessary proposals for amendments to City zoning regulations for the City Council's review and consideration. The Council finds, therefore, that a moratorium is required in. order to protect the planning process and to prevent the construction of enlargement towers and the use and development of lands within the City for such towers pending the compietion of necessary studies and the consideration and implementation of new regulations on that subject. At the present time it is expected that the necessary study and implementation can be completed within a 180-day period. (b) MORATORIUM ESTABLISHED; SCOPE; DEFINITION OR "TOWER" {1) In accordance with the findings sei forth in the Preamble to this ordinance and pursuant to the authority of Minnesota Statutes 462.355 (subd. 4). there is hereby established a moratorium on the construction, erection, placement, reconstruction, enlargement or expansion of towers within the City and o� the development and use of property for such purposes. (2) During the period of the moratorium neither pending nor to-be submitted applications for final site and building plan approval, building permits, Conditional Use Permits ("CUP") and other permits or related variance requests and approvals related to such tower work shall not be considered by the City, neithe.r the Planning Commission nor the City Council shall consider or grant approval ot any application required for such work, and no permits or variances for such work shall be issued. (3) For the purposes of the moratorium, the term "tower" shall mean "any pole, spire,,structure or combination thereof, including supporting lines, cables, wires, ::3.03 Page 3 - Ordinance No. braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade." (c) APPLICABILITY The moratorium shali be applicable to public and private property throughout the City. (d) EXCEPTIONS The moratorium shall not apply to (1) the lawful use of existing towers or the lawful erection of antennae on such existing towers, (2) the repair and/or maintenance of any existing tower provide that such work does not enlarge or expand that tower, (3) work on a tower necessary to preserve health, safety, li"fe or property in the face of an emergency, and (4) tower wor� that has received all necessary permits and approvals from the City prior to the effective date of this ordinance. (e) PENALTIES Any person, corporation or other entity that constructs, erects, places, reconstructs, enlarges, or expands a tower in violation of this Section, shall be guilty of a misdemeanor and shall be subject to any additional legal or equitable remedies available to the City. (f) EFFECTIVE DATE This Section shall take effect upon its adoption and publication, shall be effective for 180 days from its effective date, and shall expire at that time unless further extended. PASSED AND ADOPTED BY THE CITY COUNCIL OF TAE CITY OF FRIDLEY THIS DAY OF , 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK, � First Reading: November 25,,1996 Second Reading: � Publication: '"' :^3:04' CITY OF FRIDLEY PLANNING CONfl�IISSION MEETING, NOVEMBER 20, 1996 CALL TO ORDER: Chairperson Savage called the November 20, 1996 Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Members Absent: Others Present: Diane Savage, Dave Kondrick, Brad Sielaff, Connie Modig, Larry Kuechle LeRoy Oquist, Dean Salaa, Michele McPherson, Planning Assistant Loren Clark, Tri-Star Insulation APPROVAL OF NOVEMBER 6, 1996 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Modig, to approve the. November 6, 1996, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. CONSIDERATION OF A VACATION REQUEST, SAV #96-04, BY KELLER. STRUCTURES: To vacate t�e drainage and utility easement that lies within the most no�therly 10.00 feet of Lot l, Block 1, Longview lst Addition, according to the plat thereof on file and of record in the Office of the County Recorder, Anoka County, Minnesota, except the most easterly 10.00 feet thereof, generally located south of 61st Way, east of East River Road, and west of the Burlington Northern railroad tracks. Ms. McPherson stated the vacation request is by Keller Structures who is representing Lakeland Properties, Inc. of Wisconsin. Lakeland owns Tri-Star Insulation which is located in Minneapolis. They have purchased property located at the intersection of East River Road and 61st Way in the southwest portion of the City. This property is vacant and is located north of Longview Fiber. They are currently negotiating for a small office building located directly at the corner of 61st Way and East River Road. The eompany that currently occupies this building is Doradus Corporation. Lakeland Prop�rties hopes to construct a 22,945 square foot warehouse on the vacant property and connect it through an on-grade pedestrian connection to"the existing office building. Ms. McPherson stated the vacation�'request is for a 10-foot drainage and utility easement located adjacent to the north lot line of the vacant parcel. The getitioner is proposing to construct the 4.01 PLANNING COI��ISSION MEETING, NOVEMBER 20, 1996 2 proposed warehouse 1.5 feet from the north lot line which encroaches into the easement. The Engineering Department has reviewed the request. There are no utilities or drainage needs for this easement. The topography is such that the property slopes slightly from east to west. There are drainage and utility easements located along the south and east lot lines of the subject property. The Engineering Department has requested, in exchange for vacation of the subject easement, that if the petitioner gains control of the office property, a 10-foot easement be granted to the City along the east property line which would continue the 10- foot utility easement that exists along the east property line of the vacant parcel. Ms. McPherson stated, as a side issue, the office building property is currently zoned CR-1, General Office. Staff has requested that the petitioner submit a rezoning request for this parcel to M-1, Light Industrial, which is what the vacant parcel is currently zoned. This will allow a continuity of zoning between the two parcels since they are proposed to be physically connected by a walkway. This will eliminate any potential conflict with the Uniform Building Code and eliminate the need for a variance to the setback requirements. Ms. McPherson stated staff recommends approval of the vacation request, SAV #96-04, with the following stipulation: 1. The petitioner shall grant a ten foot drainage and utility easement along the east property line of the office property (as shown on Exhibit A). Mr. Kondrick asked the current zoning of the office building. Ms. McPherson stated the current zoning is CR-1, General Office. Mr. Kondrick stated staff is suggesting that it would be of benefit to the petitioner to have that zoning changed. However, that is not a part of the request this evening_ Ms. McPherson stated this was correct. That request would come before the Planning Commission once staff received that application from the petitioner. Mr. Clark stated he works for Tri-Star Insulation Company, which is currently located in north Minneapolis, and he is representing Mr. Arnold Schmidt, owner of Lakeland Properties. It is to his benefit if the company builds a new building.' The company is now located in north Minneapolis and he is not;:thrilled with the current location. They are excited about making this change. 4.02 PLP,NNING C0�4ISSION MEETING, NOVEI�ER 20, 1996 3 Ms. Savage asked if there were any problems with the stipulation. Mr. Clark stated no. Mr. Schmid� stated there was not probiem with the stipulation. There is a low area behind the Doradus property right now. They would like to.be able to join the current office building with the new warehouse rather than build a separate office. The warehouse will be storage. The company sells pipe insulation to commercial and industrial contractors. The building itself will be primarily for storage of the insulation product. Mr. Kondrick asked if there would be any site preparation necessary for this construction. Ms. McPherson stated the site would require the typical grading necessary to put in the building footings. The site is on good soil so there is no soil correction needed. They would be required to meet the grading and drainage requirements of the zoning code. Mr. Sielaff asked if the rezoning would go up to where the current building is. Ms. McPherson stated yes. The rezoning would affect the portion of the property where the existing office building is located. Mr. Clark stated, if the purchase goes through and they attach the warehouse, they will redo the outside of the office building to match the warehouse. Mr. Sielaff asked what the zoning is on the north side of 61st Way. Ms. McPherson stated the property is zoned R-3, General Multiple Family Dwelling, and is currently vacant. Ms. Modig stated the petitioner is now negotiating for the office building. If they do that, the petitioner would grant the City a 10-foot easement. What happens if they do not acquire the office building? Ms. McPherson stated, in that instance, the City would not be able to acquire that easement because the property would be under separate ownership. Ms. Modig asked if the City would have a drainage easement on that property. Ms. McPherson stated there are easements for the right-of-way along the north portion of the site. Doradus does have a stormwater pond in this area. As far as the site�in general, there are easements along the east and the south sides of the subject parcel which 4.03 PLP�NNTNG CONIl�4ISSION MEETING, NOVEMBER 20, 1996 4 should handle any utility needs that are required. The Engineering Department felt that, because there is a i0-foot easement that does stop on the north property line of the subject parcel, it would be appropriate to extend that given the opportunity. She believes that Lakeland Properties feels very positive they will be able to acquire that property. Mr. Kuechle stated, if the petitioner cannot acquire that property, they will not meet the setback requirements. Ms. McPherson stated, if they do not acquire the Doradus property, they would have to go back and re-look at the design of the proposed warehouse in order to include the required office space and to meet the setbacks. If Lakeland Properties did not feel. positive about their potential to�acquire the parcel, they would not have gone this far. Mr. Clark stated there is a lease condition with the company operating the business in that building. The owner has retired and has moved. If Lakeland could buy the property, it would help release them from a�lease commitment. It is just a matter of negotiating this with the owner. Lakeland would like to purchase the building and have it all be one part. That would be the best for them. The rezoning is just to be able to attach the existing building to the warehouse. They currently have a separate office and warehouse which� makes it more difficult to operate a business. Mr. Kuechle asked if the Commission could add a stipulation that this recommendation is valid only if the property is acquired. Ms. McPherson stated the Commission could do that. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to recommend approval of Vacation Request, SAV #96-04, by Keller Structures,.to vacate the drainage and utility easement that'lies within`'the most northerly 10.00 feet of Lot l, Block 1, Longview lst Addition, according to the plat thereof on file and of record in the Office of the County Recorder, Anoka County, Minnesota, except the most easterly 10.00 feet thereof, generally located south of 61st Way, east of East River Road, and west of the Burlington Northern railroad tracks, with the following stipulations: l. The petitioner shall grant a ten foot drainage and utility easement along the east property line of the office property {as shown on Exhibit A). 2. The approval of vacation request, SAV #96-04, is valid only if the petitioner purchases the adjacent property:' 4.04 PLANNING CO1rIlrIISSION MEETING, NOVEMBER 20, 1996 5 UPON A VOICE VOTE, ALL VpTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOiJSLY. Ms. McPherson stated the City Council will on December 16 establish the date for the public hearing which will be January 6, 1997. 2. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF OCTOBER 7, 1996: MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the minutes of the Parks and Recreation Commission meeting of October 7, 1996. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANII�JSLY. OTHER BUSINESS: Ms. McPherson stated the Planning Commission will not meet on December 4, but will meet on December 18. ADJOURNMENT MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSdN SAVAGE DECLARED THE MOTION CARRIED AND THE NOVEMBER 20, 1996, PLANNING CONflKISSION MEETING ADJOURNED AT 7:47 P.M. Respectfully submitted, � � � i. � Lavonn Cooper Recording Secretary :4.05 Y: � I��EMORANDUM _ . PLA1!ilNING.:�DIVISION y � DATE: December 5, 1996 TO: William Bums, City Manage�� FROM: Barbara Dacy, Community Development Dire�tor Scott Hickok, Planning Coordinator Miche{e McPherson, Planning Assistant SUBJECT: Establish a Public Hearing for January 6, 1997, for Vacation Request, SAV #96-04, by Keller Stru�tures The Planning Commission conducted a public hearing regarding vacation request, SAV #96-04, at its November 20, 1996, meeting. The Commission voted unanimously to recommend approval of the vacation, contingent upon the petitioner acquiring a parcel north of the subject parcel. The Councit must conduct a public hearing prior to the adoption of an ordinance for�the vacation of an easement. Staff recommends that the City Council establish January 6, 1997, as the date of the public hearing for vacation request, SAV #96-04. - MM:Is M-96-556 5.01 r y� �ty �' EASi RIVER fZOPD, (AIJGKa GSAtI. N0. l) , � �, + � � i � R wrirarw ,aas..a+- � `jF � a i� �\' � �'� J � ri e� �� ( J 1 � � �a 1e � L .`�•�y„` �� `' '�' � � _. �p\ ii � _,�,� � `c t— �. _� .� — ._ _ _ _ . � _ tt � Vj / � __.` \� � � s 1 � 'c'it� �f' � � \� � �� — �� _ � _ \ � � e . pi0�.�.. � t / a �� _ � � Y � \ �� -. � �-�.�::�- �.- / /� I�`�� i e ' � `� Y ' � h��l�S I � 3 . / � o � Y --� ¢� ' � 4� " � � �° . i t.,r�.�� t \i j/ � � j ifj ��. /, } � � l � � ��[ _ - �� ; -,.,, : ; Exhibit A SAV �� 96-04 Keller Structures F�� i� ' � �t, Ft-� P�� }�� y � � �3 { §�X \ g�i C�� 7Gu fI Y9 e I 1 � / / � \ ` < ~ \ -� � ' � `� y "�"° . � t � � 1 ' ' — — _ . ` . ; � :Fj ` i� { , � ` _ � � � �'� �` `�:�r� -�` � 4 ' �' / � � i � . `�'�'�}� 1 4.�'S� . '_ J �1 f�� w`------------------------ —{_ � ��`�� _ J ______ ____ . � � /T. /// sazss•vw x.� %"�+ � -_ e/ _ � mtsr�S�, t� J � � - --, � r" � � '� � : ; \o � y �D 3 �� !� se r► O Y °S Y4' Z a� � . 8 ¢=' � �Y=s 8 � A�#' �3.� :=% ��.�L� � ;% = 3� c�q' s �:� §45 ;: �°��rs;^; ^ � �� ; "��g Y � Y��'� �� e= �a=¢•$�$ �� g� � ay�� g y; gd Ys �l�i=i��` � a/�% b $ f `f�8 � ~ �i: �g �}?=�e��;��q€� g_ � o w; . R �- Y Z4,- � � ` °a i�;#:w ��f3� ` iI* = t� � ��3� ` �: �y �g�� •g � � $ s Q � �� =• � x � �_- � L �6 :xjr�gff � q ��4:�� k 4 Y � � � §� Y ��Et s �1 ��ic[�=F`F•• ? �� a a � ;� F��Y 1 �8 �4;£ s�� a �� x � �; �sES • �:g L� o= g f .��3' � ii s$�� g € . �.� : �� `� ��}$ Y��-� � . � • ��$ r �t f� ?a��Y�s � a �3'� r g � ^��- � %� •��€z_e;� s � 'q I,. : g�' x� > s t �� i � �I��3�Y"s� f � j: ; 3 =$ES-=etz ; -�} dt � , - t �x JJf�Borresuoo t C ; ` �'� W�IamSOn ,��.,,�,.e1 i � � �1i1 Kotsmith �. e .�. ....... �,..—a... �. 5.02 O � � � � >F �b .Q a° �4 � 0 MEMO��,!�NDUM PLA1VTl�TING DIVISiON DATE: December 10, 1996 TO: William Bums, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator � Michele McPherson, Planning Assistant SUBJECT: Approve 1997 Development Review Schedules for Planning Commission, Appeals Commission, and City Council Actions Staff has prepared the Development Review Schedules for Planning Commission, Appeals Commission, and City Council actions. Each review schedule indicates the application deadline, the 10 day completion notification date, the commission meeting date, the City Councit meeting date, and the 60 day agency action date. The Planning Commission schedule also indicates the publication deadline for preparation of notices for publication in the Focus News. The Appeals Commission public hearing notices are not required to be published in #he Focus News. Staff recommends that the City Council approve the attached Development Review Schedules for Planning Commission, Appeais Commission, and City Council acfions. M-96-565 6.01 � . CITY OF FRIDLEY PLANNING 1997 DEVELOPMENT REVIEW SCHEDULE FOR PLANNING COMMISSION AND CITY COUNCIL ACTION City Council meeting dates are contingent upon outcome of Planning Commission meeting, and also need of a public hearing before the City CounciL Application Deadline: December 6, 1996 Ten Day Completion Norification: December 16, 1996 Planning Commission Meeting: January 8, 1997 (pub-ded 12/1?/96) City Council Meeting: January 27, 1997 60 Day Agency Action: February 4, 1997 .Application Deadline: December 20, 1996 Ten Day Completion Notification: December 30, 1996 Planning Commission Meeting: January 22; 1997 (pub-ded 12131/96) City Council Meeting: February 10, 1997 60 Day Agency Action: February 18, 1997 Application Deadline: January 3, 1997 Ten Day Completion Notification: January 13, 1997 Planning Commission Meeting: February 5, 1997 {pub-ded 1/14l97) City Council Meeting: February 24, 1997 60 Day Agency Action: March 4, 1997 Application Deadline: January 17, 1997 Ten Day Completion Notification: January 27, 1997 Planning Commission Meeting: February 19, 1997 (pub-ded 1/28/97) City Council Meeting: March 3, 1997 60 Day Agency Action: March 18, 1997 Applicarion Deadline: January 31, 1997 Ten Day Completion Notification: February 10, 1997 Plannuig Commission Meeting: March 5, 1997 (pub-ded 2/11/97) City Council Meeting: March 31, 1997 60 Day Agency Action: April i, 1997 Application Deadline: February 14, 1997 Ten Day Completion Notification: February 24, 199? Planning Commission Meeting: ' March 19, 1997 (pub-ded 2/25/9?} City Council Meeting: April 14, 1997 60 Day Agency Action: April 15, 1997 I ; s.02 - Page 2 - Application Deadline: Febn,iary 28, 1997 Ten Day Completion Notification: March 10, 1997 Planning Cominission Meeting: Apri12, 1997 (pub-ded 3/11/97) City Council Meeting: April 14, 1997 60 Day Agency Action: Apri129, 1997 Application Deadline: March 14, 1997 Ten Day Completion Notification: March 24, 1997 Planning Commission Meeting: April 16, 1997 (pub-ded 3/25/97) City Council Meeting: Apri128, 1997 � 60 Day Agency Action: May 13, 1997 Application Deadline: April 4, 1997 Ten Day Completion Notification: April 14, 1997 Planning Commission Meeting: May 7, 1997 (pub-ded 4/15/97) City Council Meeting: May 19, 1997 60 Day Agency Action: June 3, 1997 Application Deadline: April 18, 1997' Ten Day Completion Notification: Apri128, 1997 . Planning Commission Meeting: May 21, 1997 (pub-ded 4/29/97) City Council Meeting: June 9, 1997 60 Day Agency Action: June 17, 1997 Application Deadline: May 2, 1997 Ten Day Completion Notification: May 12, 1997 Planning Commission Meeting: June 4, 1997 (pub-ded 5/13/97) City Council Meeting: June 23, 1997 60 Day Agency Action: July 1, 1997 Application Deadline: May 16, 1997 Ten Day Completion Notification: May 26, 1997 Plannuig Commission Meeting: June 18, 1997 (pub-ded 5/27197) City Council Meeting: July 14, 1997 60 Day Agency Action: July 15, 1997 Application Deadline: May 30, 1997 Ten Day Completion Notification: � June 9, 1997 Planning Commission Meeting: ' July 2, 1997 (pub-ded 6110/97) City Councii Meeting: July 14, 1997 60 Day Agency Action: July 29, 1997 '�:6.03 - � - Page 3 - Application Deadline: June 13, 1997 Ten Day Completion Notification: June 23, 1997 Planning Commission Meeting: �uly 16, 1997 (pub-ded 6/24/97) City Council Meeting: July 28, 1997 60 Day Agency Action: August 12, 1997 Application Deadline: July 3, 1997 Ten Day Completion Notification: July 13, 1997 Planning Commission Meeting: August 6, 1997 {pub-ded 7/15l9?} City Council Meeting: August 25, 1997 60 Day Agency Action: September l, 1997 Application Deadline: July 18, 1997 Ten Day Completion Norification: Ju1y 28, 1997 Planning Commission Meeting: August 20, 1997 (pub-ded 7/29/97) City Council Meering: September 8, 1997 60 Day Agency Action: September 16, 1997 Application Deadline: August 1, 1997 Ten Day Completion Notification: August 11, 1997 Planning Commission Meeting: September 3, 1997 (pub-ded 8/12/97) City Council Meeting: September 22, 1997 60 Day Agency Action: September 30, 1997 Application Deadline: August 15, 1997 Ten Day Completion Notification: August 25, 1997 Planning Commission Meeting: September 17, 1997 (pub-ded 8/26/97) City Council Meeting: October 13, 1997 60 Day Agency Action: October 14, 1997 Application Deadline: August 29, 1997 Ten Day Completion Notification: September 8, 1997 Planning Commission Meeting: October 1, 1997 (pub-ded 9/9/97) City Council Meeting: October 13, 1997 60 Day Agency Action: October 28, 1997 Application Deadline: September 12, 1997 Ten Day Completion Notification: ` �Y` September 22, 1997 Planning Commission Meeting: October 15, i997 (pub-ded 9/23/97) City Council Meeting: October 27, 1997 60 Day Agency Action: November 11, 1997 r: 5.04; - Page 4 - Application Deadline: October 3, 1997 Ten Day Completion Notification: October 13, 1997 Planning Commission Meeting: November 5, 1997 (pub-ded 10/14/97) City Council Meeting: November 24, 1997 60 Day Agency Acrion: December 2, 1997 Application Deadline: October 17, 1997 Ten Day Completion Notification: October 27, 1997 Planning Commission Meeting: November 19, 1997 (pub-ded 10/28/97) City Council Meeting: December 15, 1997 60 Day Agency Action: December 16, 1997 Application Deadline: October 31, 1997 Ten Day Completion Notification: November 10, 1997 Planning Commission Meeting: December 3, 1997 (pub-ded 11/10/97) City Council Meeting: December 15, 1997 60 Day Agency Action: December 30, 1997 Application Deadline: November 14, 1997 Ten Day Completion Notification: November 24, 1997 Planniug Commission Meeting: December 17, 1997 (pub-ded 11/25/97) City Council Meeting: �anuary 1998 60 Day Agency Action: January 13, 1998 6.05 CITY OF FRIDLEY APPEALS 1997 DEVELOPMENT REVIEW SCHEDULE FOR APPEALS COMMISSION AND CITY COUNCIL ACTION The Appeals Cominission has final action on residential requests, unless there are objections from surrounding neighbors or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a_ recommendation from the Appeals Commission. All commercial or industrial requests will always continue to the City Council. Application Deadiine: December 20, 1996 Ten Day Completion Notification: December 30, 1996 Appeals Commission Meeting: January 15, 1997 City Council Meeting: January 27, 1997 60 Day Agency Action: February 18, 1997 Application Deadline: January 3, 1997 Ten Day Completion Notification: January 13, 1997 Appeals Commission Meeting: January 29, 1997 City Council Meeting: February 10, 1997 60 Day Agency Action: March 4, 1997 Application Deadline: January 17, 1997 Ten Day Completion Notification: January 27, 1997 Appeals Commission Meeting: February 12, 1997 City Council Meeting: February 24, 1997 60 Day Agency Action: March 18, 1997 Application Deadline: January 31, 1997 Ten Day Completion Notification: February 10, 1997 Appeals Commission Meeting: February 26, 1997 City Council Meeting: March 31, 1997 60 Day Agency Action: April 1, 1997 Application Deadline: February 14, 1997 Ten Day Completion Notification: February 24, 1997 Appeals Commission Meeting: March 12, 199? City Council Meeting: March 31, 1997 60 Day Agency Achon: ' : April 15,1997 6:06 -Page2- Application Deadline: February 28, 1997 Ten Day Completion Notification: March 10, 1997 Appeals Commission Meeting: March 26, 1997 City Council Meeting: April 14, 1997 60 Day Agency Action: April 29, 1997 Application Deadline: March 14, 1997 Ten Day Completion Notification: March 28, 1997 Appeals Commission Meeting: Apri19, 1997 City Council Meeting: Apri128, 1997 60 Day Agency Action: May 13, 1997 Application Deadline: March 28, 1997 Ten Day Completion Notification: Apri17, 1997 Appeals Conunission Meeting: Apri123, 1997 City Council Meeting: May 5, 1997 60 Day Agency Action: May 27, 1997 Application Deadline: April 18, 1997 Ten Day Completion Notification: Apri128, 1997 Appeals Commission Meeting: May 14, 1997 City Council Meet:ing: June 9, 1997 60 Day Agency Action: June 17, 1997 Application Deadline: May 2, 1997 Ten Day Complerion Notification: May 12, 1997 Appeals Commission Meeting: May 28, 1997 City Council Meeting: June 9, 1997 60 Day Agency Action: July 1, 1997 Application Deadline: May 16, 1997 Ten Day Completion Notification: May 26, 1997 Appeals Commission Meeting: June 1 l, 1997 City Council Meeting: June 23, 1997 60 Day Agency Action: July 15, 1997 Application Deadline: May 30, i997 Ten Day Completion Notification: June 9, 1997 Appeals Commission Meeting: June 25, 1997 City Council Meeting: July 14, 1997 6U Day Agency Action: July 29, 1997 6.07 - Page 3 - Application Deadline: June 13, 1997 Ten Day Completion Notificarion: July 23, 1997 Appeals Com.mission Meeting: July 9, i 997 City Council Meeting: July 28, 1997 60 Day Agency Action: August 12, 1997 Application Deadline: June 27, 1997 Ten Day Completion Notification: July 7, 1997 Appeals Commission Meeting: July 23, 1997 City Council Meeting: August 11, 1997 60 Day Agency Acrion: August 26, 1997 Applicarion Deadline: July 18, 1997 Ten Day Completion Notification: July 28, 199? Appeals Commission Meeting: August 13, 199? City Council Meeting: August 25, 1997 60 Day Agency Action: September 16, 1997 Application Deadline: August 1, 199? Ten Day Completion Notification: August 1 l, 1997 Appeals Commission Meeting: August 2?, 1997 City. Council Meeting: September 8, 1997 60 Day Agency Action: September 30, 1997 Application Deadline: August 15, 1997 Ten Day Completion Notification: August 25, 1997 Appeals Commission Meeting: September 10, 1997 City Council Meeting: _ September 22, 1997 60 Day Agency Action: October 14, 1997 Application Deadline: August 29, i 997 Ten Day Completion Notification: September 8, 1997 Appeals Commission Meeting: September 24, 1997 City Council Meeting: October 13, 1997 . 60 Day Agency Action: October 28, 1997 Application Deadline: September 12, 1997 Ten Day Completion Notification: September 22, 1997 Appeals Commission Meeting: ; October 8, 1997 City Council Meeting: October 27, 1997 60 Day Agency Action: November 11, 1997 ' s:�$ ° - Page 4 - Application Deadline: September 26, 1997 Ten Day Completion Notification: October 6, 1997 Appeals Commission Meeting: October 22, 1997 City Council Meeting: November 10, 1997 60 Day Agency Action: November 25, 1997 Application Deadline: October 17, 1997 Ten Day Completion Notification: October 27, 1997 Appeals Commission Meeting: November 12, 1997 City Council Meeting: November 24, 1997 60 Day Agency Action: December 16, 1997 Application Deadline: October 31, 1997 Ten Day Completion Notification: November 10, 1997 Appeals Commission Meeting: November 2b, 1997 City Council Meeting: December 15, 1997 60 Day Agency Action: December 30, 1997 Application Deadline: November 14, 1997 Ten Day Completion Notificarion: November 24, 1997 Appeals Commission Meeting: December 10, 1997 City Council Meeting: January 1998 60 Day Agency Action: January 13, 1998 '-:6.09 TO: WILLIAM W. 8IIRN8, CITY MANAG$R �� FROM: WILLIAM A. CHAl�PA, CITY CLERR AND CHAxT$R COMMISSION STAFF LIAISON SIIBJECT: AirlENDMENT TO SECTION 12.07 OF THB FRIDLEY CITY CHARTER DATE: DBCEMBER 12� 1996 At the November 25, 1996. meeting of the Fridley Home Rule Charter Commission the attached amendment to Section 12.07 of the Fridley City Charter was approved bg the Charter Commission and reeommended to the City Council. The Charter Commission has stated that this amendment is contingent upon approval by the Charter Commission Attorney. On behalf of the Charter Commission I request that Council establish a public hearing for the January 6, 1997 Council meeting. Attachments 7.01 ; ORDINANCE N0. AN ORDINANCE AMENDING SECTION 12.07 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 12 MISCELLANEOUS PROVISIONS Section 12.07. VACATION OF STREETS. The Council shall have the exclusive power, by �nee resolution passed by a vote of at least four (4) members of the Council, to vacate or discontinue highways, streets, easements, and alleys within the City. Such vaeations may be made only after notice and hearing of affected property owners, and upon such further terms and by such procedure as the Council may by ordinance prescribe. A record of each such vacation shall be filed in the oifice of the Anoka County Recorder. (Ref. Ord. 592) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK WILLIAM J. NEE - MAYOR 7.02 ` 1VIEMORA.NDUM PLArTl�TING DIVISIOI�T DATE: December 10, 1996 TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Award Contract for 1997 GIS Technical Assistance _ to PlanSight GIS & Planning Technologies The Cities of Andover, Columbia Heights, and Fridley have entered into a joint powers agreement to hire a consultant to provide G1S technical assistance during the calendar year 1997. On November 18, 1996, the Cities received six proposals to provide GIS technical assistance. The proposals ranged from $38,820 to $113,000. Two companies submitted fow end proposals under or at the $40,000 budget determined by the Cities. Those companies were Orr, Schelen & Meyeron, and P(anSight GIS & Ptanning Technologies. On Tuesday, December 3, 1996, ;Dick Fursman, Aradover City Administrator, Mark Winson, Columbia Heights Public works Director, Jon Wilczek, Fridley Assistant Public Works Director, and Michele McPherson, Fridley Planning Assistant, conducted interviews with the two low proposers and determined that PlanSight GIS & Planning Technologies would be recommended to the City Councils for awarding the contract. Gerry Happel, President of PIa�Sight GIS & Planning Technologies, will complete the following summarized activities for the three cities in 1997: 1. Identify existing, future, and county, state; or federal data bases to be used by the Cities. 2. Organize and document existing daia �bases;' coverages, and maps. �8.01 � � � ; .� . GIS Contract for 1997 GIS Technical Assistance December 40, 1997 Page 2 3. Verify accuracy of existing GIS base map and complete updates and additions. 4. Develop custom applications including mailing lists, base map updates, and data extraction processes fior working with non-GIS related data bases. 5. Provide informal, in-house customized training to those persons interested in leaming basic and custom applications in ArcView. The work of PlanSight GIS & Planning Technologies wilt be fully documented in order to provide guidance for other cities considering using this concept� The terms of the contract include: 1. The contract year shalt be January 1, 1997, to December 31, 1997. 2. The total number of hours provided shall be 2,000. 3. The contract amount shall not exceed $40,000. The City of Columbia Heights has agreed to be the financial administrator for this project. The City of Andover has written the contract with PlanSight. This contract is attached for the Council's approval. Recommendation Staff recommends that #he City Council approve the attached contract with PlanSight GIS & Planning Technologies to provide GIS technical assistance for the calendar year 1997. MM:Is M-96-567 8.�2 DEC-11 96 16:38 FROM: 755-8923 T0:612 571 1287 PAGE:02 12/11i96 06:15 LAW OFFICES 2140 4TH Al1E � 755 8923 N0.142 D02 CONSULTING SEf�VICES AGREEMENT Thi� Conuact � n�ade and sn�ea �to between th� Tr;-C�ty GIS Joi�t Powe� Or�ants6tb�. conaistimp of tbe Ciliss ot F►idley. Co�umb�a N�igNLs encl Ar�dove�, herelnafter 'Tri-City" and Plan Site Contpany. Suite Z. 1�06 South Grseley Strest, StlqMreter, Mln�rs�ote, t�erolnsf� 'Cpntr�tor.' WHEREAS. T�(-City ��qui�es services to b� provtded for the staffina of s GIS Range Ride� to provide GIS tsctuiical as�ista�ce to the Cities of Andaver, Columbia He�ghts and �ridl�y; WHEREA8, Co�bacto� desires to and is capable of �ovidinp the �ecessary s�rvices accoreing to the terrqs �nd �a►dtt3on� atated nerein; NOW, THEREFORE, ir� �ne�deratlo� ot tho mutual p�q�ises end ag�eement�s contained herein the partfes eQr�e as bllows: i . TERM 1.1 �d,�g. The te�m of tli� Contract shatl be from Ja�uery 1, 1997 to end indudinA December 31. 1997 unl� eartiet t�mina�d by 18w or acco�ding to the p�ovisio�� of this Contract. �► 1:_ •: • c_ 1�►r- .l' .l.' . •. � �.� 'A ' 1 Cot►trsctot sh�N provlde the fdbwlna �vlCe� ge�erally �lesc�i�d as; Fifty weeks of tull limo oAAitA.�IS technical asgi=t�e to the mnununitl� of Fridley. Andover 8�d COIWnb1a Neights. The se�vioes wiN be in the fvrm Of pn� O� mO�e �I$ Ran�,�e Riders that would spe�d an averaps p1 50 - 60 hours pe� month � esch Eorttimunity over the couree a} the Contract. � 8.03 DEC-11 96 16:38 FROM: 755-8923 12/ i l i96 0B :15 LAbJ �( CES 2140 4TH At� -� ?55 8923 2.2 Co�formarmce to Suecif�t�nn. T0:612 571 1287 PAGE:03 N0.142 D03 Senrfoes pro�vided shefl meet � axceeEi the tssks oudlned in the TrMCity �t3 Technica! Assistarute Rsquest fo► proposal s�t out in Exhibit A which is attached hereto ead in6o�po�eted he►eia by �eter�noe. 3. PAYMENT 3. i Tota� I Cost. The tota! etYtourtt �o � pa� by Tri-Ctty purot�aM to this Corrtrm�t shati be i�0.000.00. 3.2 ��a. Contractor shaH, within fifteen (i S1 wcrking days followi�g the 1a�t da�r af each calendar mo�th in which servioes vMere pfovided, submit an involc� �nd reQuest for paynwnt on an lnvoice form �cceptabM tc T�i-City. This invoice shall it�miy� 1► the hou�s of s�rvic�s rendered li�ted by c�asst�cat�o�, 2) the dets such se�vtces w�e provided, 91 a genora� description of the se�vioes provided, 4j the name ot clie�t receivi�g service8, 5) the amount and type of sA reimbursable expenses bein� �h�rged to the Co�rect, 61 the d�tee of the perfornnance period oove�ed by the Involce. 3.3 Ttr� of Pavmegt. Tti-C'� shall make payrner�t to CoMraCtar withln thirty-flve �35) days of the dat�e on which the i�voice is received, 1f th� invoice is incorr�ct, defective� o� othenNlse ilnproper, Tii-C'�ty w111 Aotiiy Cont�ecto� y�ithin ten t 10� days of �o�lv�ng tiw incan�t invoice. Upon rocaiving tho oor�ected Z 8.04;; DEC-il 96 1b:38 FROM: 755-8923 T0:612 571 1287 PAGE:04 1211ii96 08:15 I.AW OFF[CES 2140 4TH AVE � 755 8923 Id�.142 D04 invoece trom Co�tractor, T�i-City► wiN make �yment vWthi�t thirt�five 135! deys. 3.4 Payment ef Uneutheriz�d Cletnn9. Tri-City may refusa to pay any cls�m which is �ot so�if,�a�r avd�o�ed by thie Controct. Peymsnt of a daim sh�ll r�ot proelud� Tn-City �irom puestioning the propriety of � pt�lm. T►i-City reserv�s the right to oftse�t any overpayment or eisaliowanCe ot cteln� by r�uc�g fi,=ure payn�enta. 4. CaMPL1ANCE WRH LAW6/STAN[aARtaB 4.1 �, Co�t�actor shali �bide 6y alf Federal, Stata or bcal laws, statt,t�es, ordin�nces, �ules and �egulat+orrs �ow in effect pr hereinafter patainine �o this Co�tract or to the faciiiRies. proflr�rr� and staff for which Contracior is responsibie. 4_2 Minn�!sot� Lew to_ U'av�et�►. This Cont►act �hall bo oovsrned 6y and co�sVued .in accadance wlth tlte �ubstsntiv� and proCedu►�I laws of d�e Stete oi Minnesots, whhout giving . effect to the pr�ncipiss o� carN�i�t of lewa. AN procsed'a�gs �fat+�sd to this Contract shell be ven� in the State of Minnesoia. 8. IL�iO PEN ENT CONTRACTOA ST TUS Conuac�or ia a� indcpende�t co�tractor ar�d nathin8 h�+el� oa+te�ned shau be construed to create the relatlonship of emplo3ler snd emptoyee between Tri-Cit1l and Co�tractor. CO�r�tor sheM bt 811 titn� De lree to e�xerClBe kddarive, judemont a�d dis�retion ao to how to best perform vr provlA� s�rvioes. ConVactor acknovWedpes and ag��s that Conttactor is not entitled to receive , 3 � ° 8:05 � ..F�t•:3i3.3i38f3iSz3'fi}3i3Hritii?iif#t:;z?i?�3i?ria:i?£t+tf�.sa i3r :.:it . a.. ' ,.,... ... � �... ._.,� . ,,. . .., .-_.,.. � ,. . r � ,.. , �. ,,,.... .. .,.ti., , .� ,.. . � r,� s . �;s::zs. - - DEC-11 96 16:38 FROM: 755-8923 T0:612 571 1287 PAGE:05 12/11/96 08:15 LA'W OFFICES 2140 4TH AIJE -� ?55 8923 N0.142 D05 •ny of the benefits reCOived by Tri-City amplOyeA� end is not elig� for wtf�k.�rs' Or unompbyna�t campensation beneAts. Contrartor acknowledg�s and agr�a th�tt no withholdinp o� a+eduation for State or F�t�! income taxes, pcA„ FurA, o�: otne.wl�, w�u oe ��de trom cne payme�u du� c«�c�accor end that it is Conu�'s so� oblipaticm to aomply with the applicabie provi�iort� of all Federa� and State ta�c laws. 6. i�l��..�F�A�� Arry and all claims thet arise a may arise on Dehsif of Co�tra�tor, fts a��nt�, servants or employees es a c0�equenCe of any act o� omission on the pa�t of Co�t�actor o� +ts egents, setventm, employees while e�gag�d Ih the pe�fo►ma�ce oi the Co�vact shall in no wey be the oblipation or responsibillty ot T�I-Clty. Coniractor shait IndemMfy� hoid h�mieas and Oefend T�t-City, tts membe►s, officers and �mpioyees ap�inst any end all Iiahility, bss, coata, dsma�es, expenses. Clalms o� ar�u�. �dudi�g a�ttotn�ys' tees w'hich Tri-City. itx oi�c��s or �mptorees nbay her�eaftor avstain, i�cv� or be �equired !o pay. erising out ot nr by reason o# any r�epliAe�t or wNlful act or omissio� vf Contractor, its agents, servants or e►�ploy�os, fn the e�cecution, perfomnance, o� failu�e to edequatel�r psrfo�m Co�tre�to�•e Obllg�tions purs�t to th� Co�trect. . . 7. misuw►n�c� 7.1 f;e __ �cal Ter�s. ln o�der �o prot�nt itself a�A to protect Tr�-C"rty under the i�demnity provisiona set fORh above Contracto� shett, et C�tract�or's expense, proavr� e�d melnte+n pol'�cies of insurence �ove�l�e the tern+ ot thi� Ca�tract, as set forth b�low. Such policies oi i�urBnCe shap apply to thR �� _ >,B:QG, . DEC-11 96 16:38 FROM: 755-8923 T0:612 571 1287 PAGE:06 12/1ii96 08:15 LAW OFFICES 2140 4TH AUE �?55 8923 t�.142 D06 . extent of, but r�ot � a!lrrllt�qo� upon or M satlsfaclion of, the indemrsity prwisions h�eia. Ail �aterKb�s �d deductibles u�de� BuoCl� pOlk�ip8 of i�stuance shail b� paid by Cot�ttsotor. Esch sucfi policy aha11 nOt be canceled by the Issuing insu��ce con�ny whhou� at least �e� t 101 days writeen �otice to Tri.Clty af Intent �o canc�l. 7.2 ��te�Ae. The pollc�es of Msu�a� to be obtai� bY Conuac�or pu�s�t to this sectio� shaN be purcha�ed han �e Ik:�n�ed carrier and sfa� in�Nude the following: . A) Professional Liatrility (11 A professiona! li�blihy itt�rance po!(cy coverinp personne� ot Cart�ctor. if eny. who provide professipnal g�nriees under this COMr�M. which shaN it�lt� yw lollowing coverages et 8 nninimum: Perso�at In]ury/Damage: � 200,000 per persoR 9 600.000 p�r occuRence 81 Workers' Compe�sation N applicable, Ceintracto� ahall prveuro snd mei�tain a poli�y titet �r ieest meeta the stetutocy �ninimuAl. 7.3 Ceirtificat�s. P�ior to o� co�cu�re�t with exec�tivn of thia Contlect. Conveetor ah�ll frle ce�tit'icates or certified coP�es o�f Such OoUCies of insurance with Tri-Citv. ,. . . 5 $.07 DEC-11 96 16:39 FROM: 755-8923 T0:612 571 1287 PAGE:07 12/i1i96 86:15 LRW ��iCES 2140 4TH AVE -� 755 8923 NU.14G Wb'! 7.b Fai ur� t4 P�ovide Prootol_Insuranoe. Tri-G�ty n'�ay wltAAold peymenis or inun�dl8tely �n�n� this Gormract to� failure of Gonttsctpr to fur�kh {�oof af Insutattae coverage � to cornplY with tt►e +�sura�ce roquken�ents as statsd abovs. 7.5 No -�rvai r. Nnthtnp in � thls Contract shi� oonstitut� a v�'wer by 1'ri-Cb of any st�tutory Iimits or exceptions on i�bility. • 8. SUBCON7'ItACTiNO • Comractor shall not ent� i�to otty subcont�sct fo� the perforn�a�ce of the �ervices co�templated under d�ts Co�trect �or assi9n a�y interest i� tne Co�trect without prior wtitta� cw�s�t of 7r'�-City. 9. DFFA� 9.1 I abllitv to Perfonn. Contractor• shall m�1te every re�on�ble effort to moltrtein staff, HdCiliti�s, and equipmenf t+o delive� the �etviow to b� pv�el+a�d by Tri-�. Cont�acto� shaN iern�nedistely �ot�ty T�i-Ctty {n writing wherrenre� it is unabte to. or r��ably beUeves h is eoinp to be unabi� to, provid• t1�e egre� upon quality of serv�ces; , Upo� such notification. Tr�-Clty shall detemnf�e whether such i�bility requires a"modifica0on or cBnCell�tion ot thi� Contrect. 9.2 Dutv te Mitle�ta.- . , . 8otf► paRi�s.; ahsll use: their bsst efforts to mldga�te any darnages wh+ch might be �' euftered by reaAO� of eny evet�t giv;rtig rise to a rsrr�dy I+ereu�de�. ° ;; : _ . - "'�� .�IK . i � . s'' . . s: DEC-11 96 16:39 FROM� 755-8923 12/11r96 08:15 LAW OFFICES 2148 4TH AVE -� 755 8923 � �_.�. .�:. � 1�, 1 � ,�. � V U 1 T0:612 571 1287 PAGE:88 NU.142 D08 Yhie Cotrtract rney be te�ted, with o� withotR cau�t, by T�i-City upon thiity (301 days vvfitten notice. 10.2 No�, of D ult. Either party mey �mi�ete this Cont�act frn cawe by givmg ten 1101 davs written noRice of its iA�ent Seid no�tice shall specif�r the Ci�CU�t11N� v�ti�e tenn�t+On of thiS CO�trect. 10.3 F�ilure ta Cure. If the party in default fails ta cure the specifiaf circu�tar�ces a� describeQ by the notice plven under th� above peraprsph wyt►dn tt� ten 1� Oi dsys, o� suoh addhlonel time �s n,ay be aud�or9aed by tl,e par�.y giving naticee� then the whole or any part of this Contract may be terminateif by wrrtte� notice. 10.4 Notice of Te[r�in�tiorf. Notice of Termination shall be made by certified rtnail or panonal delivery t0 ihe auttqrize0 a8ern at the party. NotNCe of Terminatia� !s deomod efi+�ctivo upon detivery to the addrass of th� pet�ty es stated in p0rsgraph 12. 10.5 Etteci ot Terminatton. Ta�mi��tion of this Contract •hall not diseharge any I�sb�r�ty, respon8lbillty or �18ht of �ny party which arises hom tne pe�onn�nce of oF fallu�� t�o edaquatel�l ps�form the terrns o! ttass Contract pr'at m the efleativa dste ot tar�l�tiot�. � ,. 7 } `x8:09� DEC-11 96 16:39 FROM: 755-8923 12i1ii56 08:15 LAW OFFICES 2140 4TH Al� � 755 8923 � i.�.� ,ii tt � 11.1 Rin� GumulaC�re. T0:612 571 1287 PAGE:09 t�.142 D09 All �emedia� avadable to etthsr pany under the tema ot � Conhact o� by taw a�e cwrailstiva end nrdy be exeroissd oor�vrn� or s�parately, and the �xarciw ot a�Y o�e remedy sMall not b� do�med an election of auch n�dy to ri�e exciusion ot other �emedies. 11.2 g Vsfl[., Waiver fot any deteuh shai� �wt be de0tne�0 To bs a vv�lver ot an� subsequent d�fsult. Weiv�r of b+�ch of a�y pravlslon of �t� Contract ShaN not be consVu�4 t0 be mod�fica�t�o� for the t� of this ConVect u�tess stated to be suCh i� wtitin� • a�d� signed hy authorized �epre�entatives of Tri-Crty and Contractor. • �� Notifica�oa �equtred co be p�ovld�d pursuant to thl� Contract shalt be provided tn tf� followin4 named persons and address� uNess otherwise �t�t�d in this Coritract. or in a madiiicetiof� ot this Cd1tt0Ct. � To Contractor: To Tt�-City: Je�ry HaOp�� Rlcha�d Fursman Suite 2 City ef Andover 1406 South Greelmy Street 1685 Cro�stow� 81vd 6tiliwater, MN 55082 Andbver, MN �6304 13. M4DIFIGATIQN�. A�y alterations, variatio�s, modificati0na. Ot w�iv0� pf the proyblons of tn� ConVact shall only be valid whsn theiy h�vv bvon roducod to w►it'utig, end signed by authorl��d r�pre��ntatives oi T�ity and Contract�r. 8 ' 8.-y 0 DEC-11 96 16:39 FROM� 755-8923 70:612 571 i297 PAGE:10 12/11-'96 08:15 LAW OFFICES 2140 4TH �� dy�� I�J.14G vi� t a. �EVE_�,�Lmf ThA provlslon8 of thls Co�tract sheN be deemed severdbk. if e�l► Pan of thi� Co�t�act is re�de�ed void, invafid, o� unenfor�eble. such r�der+nA sheil not affeci the v�tid'rty and enforaeabNiEy of the ��meinder of tlKs Co�t�act unless the p0R ot paRS wnic� 8te vold, im►eltd or o�th�iwlse unenfonxebls sha11 substantialtY impai� the value ot the errtire Cont�aet with tespect t+o eithe� parcy. 16. �SaF,B 15.1 Fjp8l�,pt�P.II180t. 'This. Conuect i� the �al oxpressio� 01 the s�reeme�t of the parties and the con�ete a�d �xcluslve stetement of the terms a��d upon, �nd sh�ll supersede aU prior nepothations. w�derstandings or ag�eements. There ete not repreaentations. warrenties. a st1P�latwna• either otal or writt�n, t�o�t herei� oo�t��ed. IN WITNESS WHEiiEOF, the partieS A9�6to �re ex�C1lt+�d this Co�ract on the datels) Indicated below. CQNYAACT�A ey: T'Kte� P►e�id�r�t ,�_ Date: ° TRI-Ct1Y GIS OqGANIZI►TtON er: Tttle: Date: 8Y= Titte: Date: 9 8.1 � � � CITYOF FRlDLEY MEMORANDUM Municipal Ce�ter fi43� UniversityAvenueNoriheasi Fridley, Min�esota 55432 (612) 572-3507 FAX: {612) �71-1287 Wiiliam C_ Hunt Assistant to tl�e City Manager , �� Memo to. William W. Burns, City Manager � From: William C. Hunt, Assistant to the City Manager �j j� . . � Subject: Date: Compensation Adjustments December 6,1996 : In order to prepaze the final figures �or the Personal Services portion of the 1997 budget it will be necessary for the City Council to approve a resolution adjusting salaries, benefits, and other forms of compensa.tion for 1997. . ' I recommend the following for employees who are not members of a bargai.ning �nit. 1 2. A general increase of 3.0 percent in salaries. An increase of 3.0 percent in automobile allowances, where applicable. 3. A one cent increase in the mileage reimbucsement rate from $0.30 per mile to $0.31 per mile (the current federal Internal Revenue Service rate) for employees who use their own vehicles for City business. These recommendations have been incorporated into the attached resolution. I request that you present tlus resolution to the Fridley City Council for action at their meeting of December 16, 1996. WCH/jb ` 9.01 RESOLUTION NO. -1996 A RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES FOR THE 1997 CALENDAR YEAR W��REAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley City Employees within budgetary constrainis; and WHEREAS, the City of Fridley intends to comply with the Minnesota Loca1 Government Pay Equity Act; and W�REAS, the City Council and City Staff have reviewed the City's financial position as well as economic indicators and compensation adjustments by compara.ble employers; and WHEREAS, an adjustment of employee salaries and benefits is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments be authorized for employees of the City of Fridley, with the exception of employees who are members of a bargaining unit, effective January 1, 1997: A general increase of 3.0 percent in employee salaries. 2. An increase of 3.0 percent in automobile allowances, where applicable. 3. Mileage reimbursement at the rate of $0.31 per mile. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF , 1996. WII,LIAM J. NEE - MA�OR WII.,LIAM A. CHAMPA - CITY CLERK 9.02 Memorandum To: William Burns, City Manager � From: Brian Strand, Video Speciali��,�-- William Hunt, Assistant to the City Manager Qf'iC6%� Date: December 12, 1996 �• Re: Bids for Remote Video Cameras Bids were opened on Tuesday December 10, 1996, for the installation of remote control cameras and related items for the Council Chambers. Seven plans were sent out and two planholders submitted bids. Bids were received in two categories. The base bid does not include Camera Control Units and the alternate bid includes them. Camera Control Units are used to do.color corrections, white balance (sets the colors to match white), and iris control. Without the Camera Control Units, the cameras would remain on at a11 times, the color and white balance would be set at installation, and the iris-would be set to auto iris at the camera. Color and white balance would be effected by power outages. Fred's Service submitted a base bid.for equipment at $31,529.00 and. labor at $1475.00 for a total bid of $33,004.00. Fred's Alternate bid is $10,458.00 for a total alternate bid of $43,460.00. AVI Systems submitted a.base bid for equipment at $27,618.65 and Labor at $11,118.00 for a total bid of $38,736.65. AVI Systems alternate bid is $1,388.68 ior a total of $40,124.73. AVI Systems has also submitted voluntary bids that eliminated a section of the contract which would require them to dacument the existing system. Their voluntary bids would be �a Base Bid of $36,986.65 and �lternate bid of $38,374.73. We have budgeted $28,000.00 in 1997 for the replacement of studio cameras. At the time the budget was drawn up we did not envisage remote control cameras. After review of the bids with our consultant, Terry Fish of Electronic Interiors, we recommend that the City Council receive the bids and award the contract to Fred's Service for the base system only at a cost of $33,004.00 and that we consider adding camera control units in 1998. We also recommend that the difference of $5,004.00 be taken from the fund balance in the CATV Fund. We request that you present this matter to the Fridley City Council for consideration at"its meeting'on December 16,'1996. c: Richard D. Pribyl, Director of Finance/City Treasurer �.�10.01 . . .tr.�. . . Bids for Proposals Remote Cameras, related equipment, and Installations City Council Chambers Planholders Bid Type Bid Com�nents Fred's 5ervice Base $33,004.00 7524 Dupont Ave S. Alternate $43,460.00 Richfield MN 55423 AVI Systems 6253 Bury Drive Eden Prairie MN 55346 EPA Box 40 7910 HWY 55 Rockford MN 55373 AVW 15395 - 31st Ave N. Plymouth MN 55447 Todd Communications 6545 Cecilia Circle Minneapolis MN 55439 Alpha Video 7711 Computer Ave Edina MN 55435 Blumberg Communicat'ions 525 N. Washington Ave Minneapolis MN Base $38,736.65 Alternate $40,124.73 Vol Base $36,986.65 See AVI Vol Alt $38,374.73 Bid sheet No Bid No Bid No Bid No Bid No Bid �10:02 Enn�reet�n9 Scwci JJdICr �Snec;s ,.i�itr-i,uicc City of Fridley TO: William W. Bums, City Manager ��M' PW96-292 FROM: John G. Flora,�lic Works Director DATE: December 16, 1996 SUBJECT: St. Paul Water Works Agreement for the Osbome Road Bike Path On August 8, 1996, the City approved an agreement with the St. Paul Water Works for the location of the Osbome Road bike path running from Central Avenue east to Stinson Boulevard. The St. Paul Water Works requires a resolution from the Council to support this agreement. While the agreement was approved by the Council, we failed to adopt the appropriate resolution, therefore the attached resolution is being submitted to the Council for apptoval. Recommend the City Council adopt the attached resolution for the Osbome Road Bike Path. JGF:cz Attachment 11.0� RESOLUl'I�T I�U. - 1996 •�s_ • i r •.� � � �:r :,� r:�r: ��,�. � .�. � .,�, .,�. „�,. •,: , r.•�:�:� ��+ �i8, the Qaunty is im�rovir�g Osborne Road bet�Aeen G�entral Avern� and Stinson Baulevan�i, and 1�A8, it is desired to exterid the Osborne Road bik�e path to the c�rporate li.mits, ar�d 1�RSA8. the q�ortunitY is to install ttie bik�e path in oor►jw�ctio� with �e Oourity PmJ�. � �18, an agree�nent frona th� St. Paul WatQr Works is neoessaiy to plaoe the bike path aver their waterlines � the north side of OsUorne Road, ar�d W�FiB, - a resolution in support of this �gr�t with the St. Paul Water Works is r�equired- NOW� �, B1: IT RF�OLVED Tl�II�IT, the City Cburicil of th�e City of �idley, Anoka County, Mi.nnesota, that the Eighth Rider P�gre�aent to the St. Pattl Board of Water �nnissioa�exs for the plaaat�erYt of a bike path on th�e north side of OsUorne Road (CR 108) is requested, and B$ IT FO�R RE�OLVED �iT, the Mayor arrd City M�nager are aut2�rized to execute this agreement. ;�:+s� �� • • r:�� :r w a��i N• •�- �:�� a •�- • u �:� : . r: �� •�� sa+s i:i:�• � � M I• 1• • M M �I'.�. ►:�Ni�iii: u �la� u►_ •.: �� 11�.02 Nov-27-96 11_40A St. Pau7 Water Utility 612 266-6290 P_02 EI�HTH RIDER TO .�►GREEVIE�t'i u THIS A��tEE�VIENT, mac% this •f� dav af � , I9}6, by and between the Bt��.RD �F WATER C4M11�ISSIQNE�2S, Cir;• af Saint P�1, 1Rinnesota, ttereinafter called the "Board", arid the CITY UF FRiL1LEY, County ofAaoka, h�reinafter cal�ed the "City", beirtg an Eiehth Rider ta ihat certain A�reernent made by and beMveen said Boar�l and said City the l3ch dav ofI�iovember I96�, and b� this reference i�.corgarated herein ar:d rnade part and ��zr�el here��with th� satr�e inten� purpose and e�ect as if said ��r�ement tivere sez ±orch herein, �erbatim. . wIT�tESSk:`I'FT: '�►�r"HER.EA�,1�:� �oard �oL� gossecs�s [itte tp a ri�ht-of-wati eas�ment in certain r�a1 zsia[� lyin� �en�ra]iLr nc��-th.of and adjacent io CR 1�8 (�si�orne Road), in Eh� nonh one-ha3f af S�cUt�n I�, Tc�t�nslrip 3{}, Ran�e '��, in Anaka �aan�•, said reaI estate bein� here�naft�r call�d Pr�:nis�a, and i��.5. The City des�res Ferrnis3ian ta eat�r upon certain portions of sai i Fr�rnises tti rn�.int�in. and op�rat� �. 3aicycle path tv be located in said zasement a�ija�enc to Cl2, 1t�8 (Qsborne Rc��d) t��eetx Lak�sid� Rc�ad au3d Stinsan $oulevard and; �V�-IEIt�:'�.5, T"ne Board is:villin� to �ant said perrnissivn to the Cir;�� consisten€ w-ir13 the requirements and safety of the v�arks vf the Bvard; nvv�r, therefore � it A��tE��, In cansideration of the mutual prornises and a�reem�zits of ihe parties heretc�: That subject to all terms and ca�c#itions coniained in said A�reen�ent �ttween the parties hereto made and enterec3 into the 13th day af?vovem6er I9(3, the Bc�ard hereby grants to P�rmicte� the permission to ent�r upan th� necessary portians of said Premises and to there within maint�in and canry aut �11 Bc�art� apprv�ed operatians in respect to the fviiow�ing: To operate and rnaintain ap�ro:�imately 9'00 feet �f biturninvus bicycle path_ �. Permittee or Permitte�'s contractvr, shall notify the Baard (.Mr. Jim Hutchinson) at 484-2�24, a minimum oF24 hours priar to construction for focation information and in�ectic�n. tV�+�grc�znmifridley9.rid. AuguSt 3, 1496 71.03 Nov-27-96 11:41A St_ Paul Water Utility anc� h� it tiir�h�r 612 266-6290 r�GF�.E�3, That it s�-iall be ths respCns�bility az the Citv ta obt3in ail lire� �� p��;�yns nzc�ssar� fiom any and all ather public a�encies and private parties that may be affecte� �� c�r ha�e a.n ir�t�rest in t�.s installati4a �nd c�peration af said afo�ementioned public €aciIities. This A�reement is made and execut�ci pursu.ant to and under the authority ofResalutiQn iYa. ''��' adagt�d by th� 8oard of �iater Cammissianers, Citu of �aint P�ul on the --�rr�tt. --�--�'��Y a� , 1496, and af a Resolutiot� adapted b� t�ie �ity `�— _ Cot:z�.cii �ar t��.e Cit� �f Fri�lev on the da� of 1��t5. cc��i�s af said ��svlu�ians bein� anne�:e� hereto and by this refer�nce macie �art bereaf tf�� s�-n� as if s�� fartl°t hc�r�in verl�atixn_ ix'Yt �vTT�iESS 'V�'HEREUF, The parties �iereto have executed ihesse g�sents in �pli��t� cl�e dwti• and yea: tirsr.. ak�a�:•e writtzn. APP'RO� ED: Berrie R. Bu.Il�r�, �".rer��ral h�lanas�er �gprav�d as tQ foxzn: CITY f�F �RIDLE�' ��: ��.��,�.. �t.�. � Wiliiam ,J_ �Eee, ,a,�Qr B�� ,�I,"/z/_��-�� .�� {illiam �1. Burns, City Manager -- 8G►ARD C!F '�YATER CU��ISSiO��ERS CITY C.�F SAIh"x PAUL,1�;�i�TE�4T� By Din� Cruerin, Presitient $v Y �anet Li�d�ren, S��retar,� Ctl�;l�'TERSIGNED: Assisiant City Attorney Nlartha Larsor�, Directar of Finance and ivianagen�ent Services Ti�tagseemnitfridiey8_►id_ Auguse8, 29�a 1 �1.04 2 _ P_03 b0'd � , a.i '� .��''� I-. ' � - •• . ...' � � `-�... d) :xd� �ra��s � As.�� i �,i }�..,.,- Q s::YV1'1 3iN2iCcibt�a � � ��„ �,;, � : � , t � .:.:.. { .� ; .,.. 1... -.:.�t , �} � �� " �"�'� � � � '�� ' �� --~ � _ ."e � ._...: � r f � � r e� � � S � � , ��? , � , �� .� =� % � 1 ( ��at '-,- �h � V —;;�;, ; :: �u �;�:� � � � � � �� , r` � {� = � � � `� z'� � � � ---�-� ,� i � t�,, . o(''�� t'��'� �. ' �' ` �! m } g� ��' �`(/ � , 1;� �� i � � q`� j � �' � .''� "� � � � . a = f i�— �--,� ' \ �� ( 4 � : � , �� , .. .,,. � I - £. C7 ',.� � ! � ;1 i1 � M� ; ! ��l � '�a` � - ti - Cf ';� '! ' f {' � �;, � a `� �.'" r� `.� �- -- i ~```�. - ` , s � i � . � , ~i � �`�✓ --�--�� — . ` f r' � ,�'.S� � .fr •rr _j �ee , �/ [ � � � �AI � (�� ` i • � �G 1 � �,p � � � i ,'. �ti.!' ', i i ' " ' { LL � � ,� �.../ _ ,� �.. } ? �' � S� � � � �,, . � ; ��" ; ; .. � � � �..Lj � ; � ..,�� ,..� � . � .�, � i � c� � ,.. � �� d' � 'i� �� . j A,r . - . i '�{ y e•F'�� si '� � . . � /' :^t ,� . `�t' � i i��^ � i' 1r .' + . . ` ' . Y ;L k' ' � ,1 y " �. A �r . . '� � - � I a� ! . . ` t � . r : !~• • : v" � ' f.�� • ° � + 'ti• `` f �••Y *w � � .�.� + ' a} � ri ' ' • � i .y � ,' ' i� � � � � •�' ` y T � f �t � � . t�3 � .i• _�' ` .! [ � nM. � /�fr� G �. . � „" i ij �v� � �� ,� _. C1 � � � � � � 4 ; � _ ; x �' � ,,. .,� � ' � �y' �"- � ^ ` �^' � � � e � � - �: � --� .��. � � W i � � �. ('_ � , _ � > �' � �i..+ � � �t� � � ! µ t , „R «, � d ��n t r. � ` � � �.." -. � �t � � g � � ,�,r.� -� - - l-- ..' ! Q = W .� ; �, t. � �1:, � � � ° � �'., � . , � . tt j t p � �^ � � � } . < < 3 � � a fi m � �4 `� Ct,� ,� ; N r, �� N y �•� ' F i, � w. — , w Iy � � q � � � i *� � � . ' w a� � i ' � � . . i �► .. �s ... ! � -' pC �` � --- .. �'�.'-- ��# � �� — — �t�d'�3- — ' . . , �': � ..:. .. � .. .. .. _ � �i � . ' � � r * �' 3 R,,ii j � � : - . ( '11. 5 � _ - -y -j , � .�... �:. . � f • m _� " _� ° _; � � �' -� �.=,_� �`' , , . � . � � . 06Z9-99Z Zi9 �C�� L��fl .Aa�eM �ned '�S tlZb= ii 96-LZ-�oN Nov-27-96 11:43A St_ Paul Water Utility 612 266-6290 cmr aF sr. �wui - c3I�FlCE {� 7HE Bo�tRD O� waT�R CO�IMiS3lQNF.3t5 a�sa�.ur�� — �E�a. ��c hlo �+442 �c ��i��t�nr�� arris �A� Au��st 12, 199b WHER�EAS, `i'he Board of VVater Cornmissic�ners does goss�ss certain right af-way easement in the aorth one-l�a�f`of Sectian �2.'�'avv�tship 34 Narth, Range 2� �tiesc, en �.oi�a County> said eas�tx�cut containing th� Board's two 6{?-inch �+Iississippi River Conduics; $nd VW��REAS, 'T'�i� City of Fridle� ha��ing �ntercd into an Agrcemen� with the Boar� v� �� ac�r Commissianers dated ;��vem�er 33, 1963, for the purposes of locatin� c�rtain public zcorks wit�i�a the k3aar3's right-�t �.vay in �.naka Cor.uity; an�i ��.5, The Gitv ef Fridley desires to construci a bicycle pa�.� o�er �nd alt�n� t�,e st�utherly one-lv�}f c�t s�iti e�s�rnen�, alang C�108 (4sborne Raad) frtrm CSr�H 3� �Czntral �v�au�1 to Stir�sr�r� Bc�ulev�rd; and �VKER��, '�`h� ��r ai�r Litiliry s�'�affhas prepared an Eig�ith Rid�r t� that As�re�me�t vi `�ov�m.i��r 13, 19d3F which sets for�.h the c�nditivs� of ev�tructifln and acc��s caver �e B�ar�', ri�h�-;��-way, and said :��*�e��nt protacis th� Bt�azd's ri�ht�, inrerests, anci taciliti�s ar.� s�� recrais�z:��nds ihat t�e Boar.�. a�prc�ve said Ei�hth Ri�er to the rlgre�rnent, naw, ther�ii�r�:> b� it RESOL�'��, That th� Eignzh Rider tt� t�ie !��reement w�ith t�e Gity c�f �ndley h��1 a�proti=ed a�d that the proper officers of t�.e B�ard at� here�y direct�d. ta e�c�cu#e said EigYtt Ratter Lo th�e A,greem,en� �n ��Iz�!f �f'the �v�z'�. Rrater Cammissinn�rs Yea.s N�ps Fiar ri � Ha�e l�aaua Px'esident Gueria Iri favar 3._ Oppaspci 0 � - :11.06 P_05 Adopt� bg the Baard af V��t.�x Commis��on�rs August 12> 1� 46 / � � �� City of Friclley TO: William W. Bums, City Manager PW96-314 FROM: John G. F1ora,�Public Works Director DATE: December 16, 1996 SUBJECT: Highway 47 Ramp Design MnDOT has indicated a desire to modify the I-694 �west bound ramp to Highway 47 (University Avenue) in 1997. This is a result of studies made regarding the Home Depot and Holiday Plus traffic movements on Highway 47. To eomplete construction, MnDOT is requesting that the City accomplish the design work and documentation for the project and MnDOT would then accomplish construction and inspection of the improvement. Barton Aschman Associates was involved in the preliminary work to analyze the traffic and develop the ramp and signal concept. Accordingly, it would be appropriate, because of their background data, to complete the final design and documentation for the MnDOT project. We have received an agreement from Barton Aschman to complete the design and documentation for the I-694 west bound ramp to Highway 47 at a cost of $38,600. Community Development has been negotiating with Home Depot to contribute $45,000 to this design work. Accordingly, the costs will be covered by Home Depot. Recommend the City Council authorize staff to execute a contract with Barton Aschman Associates for the design of the I-694/Highway 47 west bound ramp at a cost of $38,600. JGF:cz � 2.01 ':; .�: ' ! `: Barton-Aschma� Associates, Inc. • A Unii oi Parsons Transportation Group Inc_ 111 Third Avenue South, Suife 350 • Minneapolis; t�9innesota 55-001 US� •{6�2� 332-0421 • Fax: (612j 332-6180 December 12, 1996 Mr. John Flora City Engineer City of Fridley Municipal Center 6431 University Avenue NE Fridley, MN 55432 RE: S.P. 0205-71, TH 4? (University Avenue) and I-694 Northeast Ramp R,econstruction Project Design Services Dear Mr. Flora: Barton-Aschman is pleased to submit our proposal for professional consulting services for the design of the TH 47 {University Avenu�) and I-694 northeast ramp reconstruction. Attached is a summary of the assumptions made in generating design fees along with a detailed estimate of design fees listed by task and consultant classification. As indicated, our total estimate for consulting services, including final design and project administration, is $38,600. This estimate assumed Mn1DOT will provide construction phase engineering and inspection. Barton-Aschman looks forward to providi.ng the City of �idley with the services necessary to implement this important roadway improvement that will enhance tra#fic operations in the University Avenue/I-694 interchange area. Please call if you have any questions or require additional information. Barton-Aschman will prepare a contract for your approval upon approval of the design fees by the City of Fridiey. Sincerely, L��-�L;�� l �� Brent C. Rusco, P.E. David B. W, Pri.ncipal A: BCRJDBW:kro� 1l606.BCR Enclosure � i, P.E. te and Contracting Officer ,' • �'O� An Equa1 O�p�riuniTy L-mpbye! WORK PR.OGI�4M A.SSUMPTIONS Consultant Design Services TH 4? (University Avenue) and I-694 Northeast R,amp R.econstruction Project TASK 1: PRELIN[INAI;Y DESIGN Objective - To prepare preliminary roadway plan and signal revision that provides a four- lane approach on the northeast ramp of the TH 47 (University Avenue) and I-694 interchange. Mn/DOT Activity - Mn/DOT staff will review and approve the preliminary roadway widening plans. ConsultantActivity - • Prepare layout on Mn/DOT based survey and project mapping, profile will be edge of existing pavement • Proposed typical section and transitions for widths � Review the impact on existing drainage structures and recommend modification to the structures and ditch regrading � Prepare cost estimate for roadway work Result - This phase of the design process will cuiminaie in approval of ihe preliminary roadway design and shall serve as the basis for final plans TASK 2: FINAL DESIGN DRAWINGS Objective - To prepare a final set of design drawings for a roadway widening and revised signal operation as des�ribed herein. Mn/DOT Activity - R,eview and approval of roadway and signal design plans. Consultant Activity - 3'he following plan sheets will be computer prepared in final format suitable for reproduction. Drawings will be formatted appropriately for construction by contract forces. Metric uni�s will be used thronghout. 3'he following will be included: • �tle sheet • Statement of estimated quantities - lump sum per signal system • , Participation breakouts, if required • Detail sheets, showing special signal details pertinent to this project • Miscellaneous construction removals • Intersection Iayout sheet with applicable charts and tables • Intersection wiring diagram • Type C and D sign details for mast arms and poies • Prepare final plans to include quantity sheet, typical section details, construction plan, and�joint layout for concrete pavement , • Prepare drainage plan, tabulation, and detail Barton Asch�ncsn Assocsates, Inc. Y Mn/DOT Agreeinent JI73681 Work Order No. 8 12:03 • Prepare traffic control plan • Prepare earthwork sections, turfing, and erosion control plan • Prepare quantities and cost estimate Result - Original drawing set (mylar) of signal system as well as Intergraph compatible drawing files. Final plans will be complet,ed in metric units. Drawings will be signed by a registered Professional Engineer. TASK 3: PftOJECT ADNIINISTRATION Objective -'ro provide complete project manual, special provisions and plan and spec reproduction for incorporation into Mn/DOT's General Condition and bid document package. Mn/DOT Activity - Mn/DOT staff will review and approve technical specifications. Consultant Activity - Preparation of Special Provisions for all elements of the project designed by Barton-Aschman. Preparation, duplication, and distribution of the bid documents package. Result - An original set of technical specifications suitable for inclusion in the bid document package. GENERAL ASSUN�TIONS It has been assumed that Mn/DOT will provide construction phase services as referenced in Mn1DOT's November 26, 1996, letter. As-Built Plans from prior projects on the northeast ramp and TH 47 (UniversityAvenue) to be obtained from Mn/DOT, including geometric modifications made, geotechnical reports, drainage design, signing, etc. These will be used to create the basemap and topo plan. Existing profile will be used to control the vertical geometry of the ramp widening. Estimate assumes no electronic mapping is available from Mn/D�T. No profile will be designed, design will match the existing ramp vertical alignment. Geotechnical work is not included. Review of existing logs may indicate the need for test holes on the north side of the ramp. Surveys will include the verification of critical elevations, utilityldrainage locations, etc. Design will assume pavement design comparable to existing pavement. Re-analysis of overall drainage in the area not included (net gain in impervious surface relatively minor). It is assumed that a wetland permit is not needed. Barlo�t Aschman Associates, Inc. 2 Mn/DOT Agreesnent !f 73681 Work Order No. 3 ,;12:04 Grading/fill in north ditch assumes suitable foundation soil to support fill. If foundation soil is not suitable, additional fees would be needed for geotechnical services or MnlDOT services would be needed to investigate soils. It is assumed that steep slope and guardrail would be acceptable design on north side of ramp as exists today. Signal design includes detection placement and revised signal head placement for ramp approach, signal head revision at 57th Avenue NE, and preparation of Signal Justification Analysis at both the northeast ramp and the 57th Avenue NE intersection. 14606WP.BCR Barton-Aschman Associates, Ina 3 Mn/DOTAgreement #73681 � �■Oc Work OrderNo. 3 J University Avenue (TH 47) Barton-Aschman Associates, Inc. December 12, 1996 TASK 1.0 Preliminary Design Roadway Widening Request and catalog info Review existing data Right-of-way information Create Basemap from MnDOT info TH 47 Geom Control - Old Plans Geometric Control Ramp WB 694 Typical section template Soil/subgrade decision TH 47 added left turn length/taper Widen ramp (outside) length/taper Ramp terminal redesign layout Impact on existing drainage Preliminary Construction Staging Concept . Title Sheet � � Preliminary plan (no profile, match) Subtotal Preliminary Widen Ramp 694 WB to TH47 PA SA A T C 1 1 1 1 2 8 2 4 1 1 2 3 3 2 4 4 4 1 4 41 2.0 Final Design and Plans Roadway Cover sheet � Quantities, std plates, notes 2 Quantiiy Tabulations 2 Construction Staging Plan � Typical Sections 2 Standard Pians � Utility tabulation Barrier end treatments 4 Construction Plan (no profile) 2 Joint layout plan 2 Drainage Design modifications 10 Traffic Control Plan 4 Turfing & Erosion Control � Cross-Sections 2 SignaJs Signal modification Design 4 Signal Justification Analysis 2 Quan#ities, Cost Estimate 1 g Special Provisions 1 20 Project Manual and Proposal 30 Coordination / meetings with City & MnDO 4 20 Subtotal Final 6 123 �.12.06 6 2 2 2 4 '16 12 1 2 1 1 2 2 2 2 8 41 3 8 12 3 2 3 24 20 20 6 10 1 4 8 2 36 3 4 8 16 6 2 2 6 12 16 12 8 20 3 12 11 6 33 2 3 3 5 5 4 6 5 8 �12 10 125 4 9 18 34 11 3 4 13 38 12 46 36 1� 32 32 8 44 96 8 26 14 12 35 3 24 12 42 8 2 6 38 187 147 21 484 University Avenue (TH 47) Ba�ton-Aschman Associates, Inc. December 12, 1996 Widen Ramp 694 WB to TH47 TASK PA SA A T C Administration Assist City fo� advertising 8 4 8 20 Assist City for bid opening 6 2 g Pre-construction meeting 2 4 2 1 g Subtotal Administration 2 18 0 6 11 37 Total Hours 12 182 228 189 35 646 Avg Hourly Rate 40.00 26.50 17.00 14.00 i 0.00 Labor Cost $480 $4,823 $3,876 $2,646 $350 $12,175 O/H % 155.70 18,956 Labor plus Overhead 31,131 Profit 12 % 3,736 Expenses Miscellaneus surveys subcontract 2500 Mileage 120 Photographs 25 Plan review reproduction 250 Plan and Spec reproduction (25 sets) 850 Totai Expenses 3,745 TOTAL $38,612 12.07 _ November 19, 1996 1101 Perimeter Drive, Suite 300 • Schaumburg, IL 60173 (847)413-4900 V1A OVERNIGHT COURRIER Ms. Barbara Dacy Community Development Director City of Fridley 6431 University Avenue, N.E. Fridley, Minnesota 55432 Re: University/57"' Avenue/Main Street Dear Ms. Dacy: Per my communication of November 1 and your letter dated October 21, 1996, I am pleased to provide the following reply for your consideration regarding traffic design issues in the above indicated sector of Fridley. As indicated by our previous funding and delivery of a Traffic Study performed by BRW Inc., we are committed to participation in specific transportation improvements that benefit the City and, certainly, our Home Depot customers. Your request includes funding participation by The Home Depot in two projects: 1. "The Weave" - Movement from westbound I-694 off ramp � to northbound University Avenue to left turn lane for west on 57th Avenue. 2. 57"' Avenue N.E. - Possible redevelopment of 57"' Avenue between University and Main Street to improve traffic flow and turning movement probfems through this commercial area. The scope of the above improvements is certainly of a regional nature. Both are documented through traffic studies to have been pre-existing conditions to the Home Depot development with a quite nominal incremental impact post Home Depot development. The Home Depot is willing to- participate on a#air share basis (along with other benefited parties) in these regional type improvements, which is truly a different concept than fully funding a traffic signal at the p�imary Home Depot parking lot entrance, which was found�not be justified or warranted in this case. - ::12.08: -� a�-. USA� �� Proud Sponsor Ms. Barbara Dacy November 19, 1996 Pa�e 2 Accordingly, we wil! agree to fund your requested desiqn q�oiect for "The Weave", with MnDot to be fully responsibie for the construction costs. Specifically, The Home Depot will agree to pay submitted invoices up to the amount of 545,000 for design work billed by the enginee�ing firm awarded this project contract by the City of Fridley. Please advise this office once a contract is let to the awarded firm. The 57th Avenue N.E. improvement funding is premature. We continue to be at your service to consider our participation level pending definition and approval of a redevelopment plan. Please feel free to contact me at (847) 413-6155 for any further clarification and/or coordination of the above. Sincerely, ��.`�.%%�� . Thomas S. Magers Real Estate Manager Mid West r cc: Edward Dawda - Dawda, Mann, Mulcahy & Sadler, Counselors at Law Todd Mosher - Greenberg Farrow Architects Michael Folio - Home Depot ;12.09 MEMORANDUM � Municipa! Center � 6431 University Avenue NoRheast Wl��tam C. �Uilt Fridley, Minnesota 55432 Assisc.-+ne �o che City Manager CITYOF (s' 2� s�2-3so� FRIDLEY FAx: �s�2� ��-�2s� Memo to: William A. Burns, City Manager � �� From: William C. Hunt, Assistant to the City Manager%�� Subject: Revision of Police Contract to Accommodate Varying Shifts Date: December 12, 1996 Attached is a revision of the current labor agreement with the police officers to accommodate varying shifts. The proposed changes will make the contract adaptable to eight hour shifts, twelve hour shifts, a combination of both, or some other shift arrangement. In other words, the language of the contract has been revised so that it will be indifferent to various possible shift arrangements. If, after. a one year experiment�with twelve hour sh'ifts, police administration decides to return to eiqht hour shifts. it will not be necessary to make'any changes in the labor agreement. Changes have been made to the following articles: 10.5 25.1 25.5 ' 27.1 35 12.2 25.3 26.1 28 12.3 -- 25.4 26.3 32 Most of the changes relate to the accrual of leave time based on an average eight hour working day and an average forty hour work week. The proposed change to article 32 is a technical adjustment relating to the federal Fair Labor Standards Act. It will allow police administration to set a work period from seven to twenty-eight days. Currently, with the eight hour shifts a twenty-six day work period works out best. However, with twelve hour shifts it appears that a twenty-eight day work period would be better. The language change gives administration the flexibility to adopt a work period appropriate to whatever shift arrangement is chosen. Currently, seven 1996-97 contr.act issues are being decided by an arbitrator. The pertirient 'articles and sections have been deleted fram this contract.. The 1995 contract language will govern until the arbitrator renders his decision and the entire 13.t Memo to William W. Burns November 20, 1996 Page 2 • contract is approved by the City Council. The pertinent passages are: Article 17. Insurance Article 21. Longevity and Educational Incentive Article 22. Wage Rates Section 25.4 r.egarding the exchange of annual leave for cash Section 25.7 Health Insurance Retirees [New Section) Representatives of Law Enforcement Labor Services have reviewed the changes and have agreed to their adoption. Since the language changes do not involve any changes in wages or benefits and do not represent any inczease in the.cost to the City, I have not made out�the customary Uniform Settlement Form. I request that you present this contract to the City Council for consideration at their meeting of November 25, 1996, with the recommendation for approval. c: David H. Sallman, Public-Safety Director Gary Lenzmeier, Deputy Public Safety Director - Herb Zimmerman, Lieutenant Lisa McConnell, Human Resources/Public Information Tech. Cyrus F. Smythe, Labor Relations Associates Frederic W. Knaak, City Attorney 13.02 RESOLUTION NO. -1996 A RESOLUTION APPROVING AND AUTHORIZING SIGNING AN AGREEMENT ESTABLISHIlVG WORHING CONDITIONS AND HOURS OF POLiCE pFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMEIVI' FOR 1'HE YEARS 1996 AND 1997 WI�REAS, the Law Enforcement Labor Services, Inc: as bargaining representa.tive of the Police Offcers of the City of Fridley, has presented to the City of Fridley various requests relating to the working conditions and hours of Police Officers of the Police Department of the City of Fridley; and WHEREAS, the City of Fridiey has presented various requests to the Union and to the employees relating to working conditions and hours of Police Officers of the Police Department of the City of Fridley; and WI�REAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, certain articles and sections of the contract aze still to be decided by interest arbitration (BMS Case No. 96-PN-1915); and WHEREAS, agreement has now been reached between the representatives of the iwo parties on the proposed changes in the e�risting contract other than those articles and sections subject to arbitration between the City and the Union; NOW, THEREFORE, BE TT RESOLVED that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the atfa.ched Agreement {E�ibit "A") relating to working conditions and hours of Police Officers of the City of Fridley. PASSED AND ADOPTED BY TI� CTTy COUNCIL OF TI-� CITY OF FRIDLEY THIS DAY OF _ , 1996. WII.,LIAM J. NEE - MAYOR ATTEST: WII.,LIAM A. CHAMPA - CITY CLERK 13.03 EXHIBIT "A" LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY � AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 1996 AND 1997 :13.04 ,� LABOR AGREEN�NT BETWEEN THE C1TY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 1996 AND 1997 TABLE OF CONTENTS ARTICLE PAGE 1- Pwrpose of Agreement .....___. ---..__----• ...........................................:................... � 2. Recognition .................... 1 ................................................................................ 3. Definitions . . . ........................................................................................•--------------- 1 4. Employer Security_..---•-------------•-------• -- -• � -- -- ----------------------•--•--------..........._...----•- 5. Employer Anthority,. 3 ...--•------------------•-----............----------......................_._..._._...._ b. Union Security 3 _.....--• ........................................................................................ 7. Employee Rights - Grievance Procedure .....................•-------._...............----------- 4 g. Savi.ngs Clause _..__.....,. ........................•---........._......._........._...._...._........._..----... 6 9. Seniority . 6 ..................................•----.._..................................._......................----•- 10. Discipline ............. ..................•------..........---.....-•--------..........----...................__.... � 1 l. Constitutional Protection ...........-•-------• ............................................................. g 12_ Work Schedules .............................. . ----- g .. ......................................................... 13 _ Overtime -• ....................... .........................................................•---......_..---•---- g 14. Court Tune - . ............... ... .---. ....-----......._..--�---...---._._........._._................ g . 13.05 �IZ"('ICLI� . - -.....----�--�---� �---------------•----------------------- - - .- . -- - - - ----- -------�--- �-�-�-----�--�----------......PAGE � �� Ca11 f3ack Time --------•--------------- 9 ...............................................-------�-•--•-•------.... 1�- Working out of Classification ............................................................:............. 9 1 �. Insurance ----�-� ................................................................................................... 9 18. Standby PaY ...................................... .........................................................•---... 9 19. Uniforms -� ......................•---..._....---••---....-�---.......-.-.----�-------�-.-.........._....._._....... 9 20. P.O.S.T. Training ................................ _ - .............................................................9 21. � Longevity and EducarionalIncentive--------------------- -� .......................�----�- --..._.... 22. Wage Rates ................... ................................�----.._....-----•---�---------�-�--...---�---._... 9 2�. Legal Defense � � .....---�---�-----------------�-------------�- � .........................................•-•----=•--• 9 24. P��obationary Pei�iods � ........................................................................... ---�-�----.- 0 25. Anilual Leave ......................................�------------�---�---......_.........---�-�-�--�--...........10 26. HolidaYs ............................................................................. ....----�------��-...-�---....12 27. Short Term Disabiliiy ..................................... --�---�----� ....................�-� ............... 2 28. Funeral Pay ................................................. ......................�-�---..... .................... 3 29. Jury Pay .................... ..............................................�----.-..._......_._._...----._...._..._..13 30. Coinpensatory Time .......................................................�----�---�---.- ................... 13 � �. Employee Education Progrun ............................... _...--------� ................ 13 ----------�--- �2. Pay for Investigators or Schooi Resource Officer .................•-----......._._._._.......14 33. BMS Case No. 85-PN-486-A,, Issue 8 ................................... 15 • .....................•-.. 34. W�iver ...._.----�------------- 1S .......----•---------------•-•----........---......_�.._.._......._....._..----------- �5- Diu-atioii ----------� ................... 15 .............•------••-------------�---------._......_..._......._.....------ 13.06 � LEIBOR AGREEIYIENT BETWEEN CITY OF FRIDLEY AND LAW ENFORCEMENT I,AgOR SERVICES, INC. LOCAL N0.119 Article 1. Purpose of Agreement This Agreement is entered into between the City of Fridley, hereinafter called t�ie Empioyer, and La.w Enforcement Labor Services, Inc_, hereina$er called the Union. It is the intent and piupose of this Agreement to: 1.1 Establish procedi.u�es for the resolution of disputes concerning this Agreement's uiteipretation and/or application; and 1.2 Place in �i�ritten form the parties' agreement upon teims and conditions of eniployment for the diu-ation of this Agreement Articte 2. Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Stalutes, Section 179A.03, subdivision 8, for all police personnel in the %llowing job classifications: 1. Police Officer 2. Police Corporal 2-2 In the event tlie Employer and the Union are unable to agree as to the inclusion or e�:clusion of a new or modified job class, the issue shall be submitted to the Burea.0 of Mediation Services for deternunation. Articie 3. Definitions � • 1 UI110I1 Law Enforcement Labor Services, Inc. l 13.07 3.2 Uniou Member A member of the La�= Lnforceinent Labor Services, Tnc. 3.3 Employee A member of the exclusively recognized bargaiiung unit. 3.4 Department The Fridley Police Department 3.5 Em�lo�er The City of Fridley_ 3.6 Chief The Public Safety Director of the Fridley Police Depar6ment. 3.7 Union Officer Officer elected or appointed by t�ie Law Enforcement Labor Services, Inc. 3 . 8 Investi�ator/Detective An employee specifically assigned or classified by the Employer to the job classification and/or job position of Investigator/Detective_ 3.9 Overtime Work perfonned at the e�cpress authorization of th� Employer in excess of the Employee's scheduled shift. 3.10 Scheduled Shift A consecutive work period including rest breaks and a lunch break 3.11 Rest Breaks Periods during the scheduled shift during which the Employee remains on continual duty and is responsible for assigned duries. 3. ]2 Lunch Break A period during the scheduled shift during which the Employee remains on continual duty and is responsible for assigned duties. 2 13.08 �.I: Strikc Coucc�ted aciion in failin� to repo�t for duty, the ��illful absence fi-oin one's position, tl�e stoppage of� work, . slow-down, or abstinence in whole or in part from the full, faithful aiid proper pe�forniance of the duties of employii�ent for the piuposes of iiiduciiig, influencing or coercing a change in the conditions or compensation or the ri�;tits, privileges or ot�ligations of employment. Articie 4. Employer Security The Union a�-ees that during the life of this Agreement that the Union wili not cause, encourage, participate in or support any strike, slow-down or other intenuption of or intetference with t�ie normal functions of the Employer_ Articte 5. Employer Authority �.1 The Employer retains die full and unresh7cted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to deteimine ttie utilizarion of technoloby; to establish and modify. ttie orga.nizational structiu-e; to select, direct, and detennine tlie numbei- of personnel; to establish �voi-k scliedules, and to peifoi�n aiiy inherent mana�enal fuilction tlot specifical(y limited by tilis Agreement. �. �- Any tei7n a.ud condirion of employment not specifically establislied or modified by tlus Am-eement shall remain solely ��viflun the discretion of the Employer to tnodify, establish, or eliminate. Article 6. Union Security 6.1 The Employer shall deduct from the wages of employees who authonze such a deduction in wtiting an a.mount necessary to cover monthly Union dues. Such moiues shall be remitted as directed by die Union_ 62 The Union may designate employees from the bargainuig uiut to act as a sfieward and an altet�iate and shall uiform the Employer in �vriting of such choice and changes in the position of steward and/or alternate. 6. � The Employer shall ma�:e space available on tlie employee bulletin board for posting Union norice(s) and a.cuiouncement(s)_ 6.4 The Union a�-ees to indemnify a;id hold the Employer haimless agaisist any and atl claims, suits, orders, or jud�nnents brought or issued against the Employer as a result of any action taken or not taken by tl�e Employei- uiider the provisions of this Art�icle. � � 13.09 ,��rticic 7. E��loycc Rigi�ts - Cricvancc !'roccdiirc 7- � Definition of a Grievance A g►-ievance is defiried as a dispute or disagreemeiit as to tlie inte�p�-etatio►� or application of the specif c terms and coiiditions of tfiis Agreement. 7-2 Uaion Representatives The Employer will recogivze Representatives designated by the Union as tlie grievance representarives of the bargaining uriit having the duties a.nd responsibiliries established by this Article_ The Union shall notify the Employer in writing of the names of such Union Representarives and of their successors when so designated as provided by Section 6.2 of this Agreement_ 7-� Processin� of a Giievance It is recognized and accepted by the Union and the Employer that the processing of gtievauces as lzei-euiaftei- provided is limited �y the joU duties and responsi�itities of the Employees a�ld shall therefore�be accomplished during noi7nal �uarkin� hours oill�� vhen consistent with such Em�loyee duties and responsibilities. The a�� ieved Employee and a Uniori Re��resentative shall be allowed a reasonable amount of tune wit�iout loss ui pay when a mievance is investigated and �resented to the Einplayer dui�i�ig noimal working hours provided that the Employee and tlle Uzuoil Represeritative have iiorified and i-eceived the approvai of the desi�lated supeiZ�isor who has deteiznined that such abseiice is �-�asonable and ti�ould not be dehintental to the work pro�-uns of tlie Eznployer. 7.� Procedure Giievances, as defined by Section 7_ 1, shall be resolved in confot7nance �;�ith the followuig procedure: Ste� i. An Employee claiming a violation conceming the interpretation or applicatioil of this A�n-eecneiit shall, ti�ittiin hventy-on� {21) calendar days after such alleged violation l�as occuired, presetit such m-ievance to the Employee's supeivisor as desi�,niated by tlte Employec�. The Employer-designated representative will discuss and give an ans�vez- to such SteU 1�,nievailce �;�itfiui ten (10) calendar days after receipt. A�ievaTice not resolved iia Step t and appeaied to Step 2 sha11 be placed in writin� setting fotth tiie nature of the gnevalace, tiie facts o�� which it is based, the provision or provisions of tlie Agreement allegedly �-�iolated, tlie remedy requested, and shall be aJ��ealed to Stc�� 2 within teu (10) calendu- days after the �mployer-desi�n�ated represent�ative's tinal a>>swer ii� Step 1. Any �t-ievance not ap�3e�led in writin� to Step 2 by the Unio�i �vithin ten (10) calendar days shall be considered ��aived. 13.10 St_ e� 2. If appealed, tlie written grievance shall be presented by tiie Union and discussed wifli tlie Employer-designated Step 2 representative. The Employer-designa,ted representative shall give the Union �e Fanployer's answer in writing wi�in ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within te� (10) calendar da.ys following the Employer - designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by ti�e Union within ten (10) calendar days shall be considered waived. Step 2a. If the grievance is not resolved at Step 2 of the grievance procedure, the parties, by matual agreemen� may submit the matter to��mediation with �the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 3 of the grievance procedure. Any grievance not appealed in wriiing to Step 3 by the Union witlun ten (10) calendar days of inediation shall be considered waived. Step ;. A gi7evance unresolved in Step 2 or Step 2a. and appealed to Step 3 by the Union shall be subnutted to arbi6ration subject to ti�e provisions of the Public Empioyment Labor Relations Act of 1971 as amended. Tlie selection of an arbitrator shall be made in accordance ��ith the "Rules Governi.ng the Arbihation of Grievances" as established by ttte Blu-eau of Mediation Services. 7•S Az-bit�-ator's Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of tlus Agreement The azbitrator shall consider and decide only the specific issue{s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted b. The arbitrator shall be without power to make decisions contrary to, or inconsistent rvith, or mc>difying or varying in any way the application of laws, iules, or regulations having the force and effect of law. The arbitrator's decision shall be submi#�ed in writing wit�in thiriy (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision sha11 be binding on both the Employer and the Union and shall be based solely on the arbitrator's iiiteipi-etanon or application of the express terms of this Agreement and to t�ie facts of die ��evance presented. c. The fees and expenses for �e arbitrator's services and proceedings shall be borne equally by the Employer and the Union pr.ovided that each party shall be 5 13.11 res�x�i►s+l�ic ior compensalin� its o»�n represeiitativcs and ��vill�esscs. If� cither l�a�rty desires a ve�-�ati�i� record of tl�e ��roceedings, it n�ay cause sucli a record tc� (�c n�ade, ��roviding it }�ays for t]�e rccord. IC 1�otli� l�ai�ics desire a ve►�bati�ia rccord of the proceedings tiie cost sha11 be sliared equally. 7.6 Waiver If a g��ievance is iiot presented within the lime limits set fortli above, it shall be considered "waived." If a grievance is not appealed to the next step within $�e specified time limit or any agreed extension thereof, it shall be considered settled on tlie basis of tlie Employer's last answer_ If the Employer does not answer a grievance or an appeal tltereof within the specified time limits, the Union may elect to h-eat the gi�ievai�ce as de�ued at t11at step and immediately appeal the gt-ievance to the next ste��. The tiine limit in eacti step may be extended by mutual vv�itten agreemeiit of tl�e Employei� a�ld the Union in each st�p. :�rtic(e S. Savin�s C(ause "I'his A�n�eement is subject to tlte laws of tlie United States, the State of Miu�iesota and the City of Fi-idley. In the event a�iy provision of diis Am-eemei�t shall be held to i�e co�lira�}� to la,ti by a couc-t of compete�it jui-isdiction fi-om whose fiiial j�idgment or clecree no ap�ea] lias been taken ��itliin tlie ti�1�e provided, sucli pi-o�risions shal( be voided. ��Il otlier �rovisioiis of tius Agreemerit shall continue iri full force arid effecr. Tile voided pro�ision may be r-enegotiated at the �viiiten request of eitl�er pariy. _�rtic(e 9. Senioritv 9.1 Senioriry shall be detemiined by the employee's lenbth of contuiuous employment with the Police Department a.nd posted in an approptiate location. Seniority rostez�s tnay be inaintained by the Chief on the basis of time in �-ade and tune wittun specific classificarions. 9.2 Diu�ui� the probationary period, a newly hired or rehired employee may be discharged at the sole disc;-etion of the Employer. During tl�e probationary pei-iod a promoted or reassigned ecnployee may be replaced ui liis previous position at the sole discrerion of the Employei�. 9.� A reductio�l of «�ork force will be accomplished on tlie l�asis of senioriry. Er�iployees shal] be recalled fro�n layoff on the basis of seniotity. An e�nployee on layoff shati h�ve ail opportw�ity to retuin to work witllin two years of the titne of iiis layoff befoi-e any i�e«� eniplo��ee is hired `>_-� Seuior e�n��loyee_ assi�nn�ents and eyual. �«�ill L�e given l�i-eferei�ce �vith rc�ard to transfer, jol� cl�ssification }7romotions �vl�en the jov-relevant quali(�cations ot empi�yecs arc 13.12 9_� Seruor qualified employees shall be �riven shift assignments preference after erghteen (18) months of continuous full-time employment_ 9.6 One continuous scheduled annual leave period shall be selected on the basis of seniority until March lst of each calendar year. After Iviarch 1st, scheduled annual leave shall be on a first come fust served basis. 9.7 Employees shall lose dieir Seniority for the following reasons: a Discharge, if not zeversed; b. Resignation; c_ Unexcused failure to return to work after e�cpiration of a vacation or formal Ieave of absence_ Events beyond #he control of the employee which prevent the employee from returning to work will not cause loss of seniority; d. Retirement Article 10. Discipline 10.1 The Employer will discipline employees for just cause only. Discipline will be ui one or more of the following forms: a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or e. discharge. 10_2 Suspensions, demotions and discharges will be in written form 10.3 Written repriinands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acimowledged by signature of ti�e employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individuai personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by suspension without pay for forty (40) regularly scheduled working hours unless otherwise required by law. 10.6 Ecnployees will not be questioned concerning an uivestigation of disciplinary action unless the employee has been given an opporlunity to have a LJNION representative present at such questioning. � . � 13.13 10.7 Grievances relating to this Article shall be uiitiated by d�e Union in Step 2 of the �rievance Urocedure under Ar�ticle VII. Article 11. Constrtutiona! Protection � Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. Article 12. Work Schedules 12_ 1 The normai work year is an average 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 lea.ve time. 12.2 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees_ Articte 13. Overtime 13.1 Employees will be compensated at one and one-half (1-U2) times the employee's regular base pay rate for hours worked in excess of the employee's re�ularly scheduled shift_ Changes of shifts do not qualify an erriployee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked 13.4 For the purpose of computing overtime compensation overiime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work oveztime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so worlcing_ Articie 14. Court Time An employee who is required to appear in Court during his scheduled off-duty time shall receive a miniii�um of three (3) l�ours' pay at one and one-half (1-1i2) tirr►es the employee`s base pay i-ate. An extension or eariy report to a regularly scheduled shift for Court appearai�ce does not qualify the employee for.the three {3) hour minimum. : y3.14 Articic 15. Cai� Back �me An employee who is called to duty during the employee's scheduled off-duty time sha11 receive a minimum of two (2) hows' pay at one and one-half (1-1/2) times the empioyee's base pay rate. A.n e�ctension or eariy repc�rt to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimmn. Articte 16. Working out of Classification Employees assigned by �e Employer to assume �e full responsibilities and au�ority of a higher job classification shall receive i�e salary schedute of the lugher classification for t3�e duration of the assignment Article 17. Insurance • [Substance of article to be determined by interest arbitration BMS Case No. 96-PN 1915 j Artic(e 18. Standby Pay - Employees requu-ed by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. Article 19. Uniforms The Employer shall provide required uniform and equipment items. Article 20. P.O.S.T. Training The City shall assign training at City expense for Police Officers to complete 48 hours of P.O.S.T. Board approved education during each three year licensing period • Artic[e 21. Longevity and Educationai Incentive [Substance of article to be determiaed by interest arbitratior� BS Case No. 96-PN 1915.] Articte 22. Wage Rates [Substance of artide to be determined by interest arbitration BMS Case No. 96--PN-1915.] Ai-ticte 23, Leba! Defense 2;.1 Employees involved in litigation because of proven negligence, or non-abservance, or uon-obse�vance of laws, or of a personal naiure, may not receive legal defense by ttie mwucipality. 9 13.15 23-2 Any empioyee wl� is charged wi� a traffic violation, ordinance violarion or criminal offense arising from acts performed within the scope of his employmen� when such act is performed in good faith and under direct order of his su�ervisor, shall be reimbursed for attome�'s fees and court costs actually incurred by such employee in defending against �ch charge_ 23.3 Employer will provide protection for all Employees against false arrest charges. Article 24. Probationary Periods All newly hired or rehired e�nployees will serve a twelve (12) months probationary period. Article 25. Annual Leave 25.1 Ea.ch Employee shali be entitied to annual leave away from employment with pay. Employees shall accrue annualleave based on an average eight (8) hour work day. Annual leave may be used for scheduled or emergency absences from employment. Annual leave pay s�all be computed at the regular ra.te of pay to which such an employee is entitled; provided, however, that the amount of any compensazion shall be reduced by the payment received by the employee from workers' compensation insurance, Public Employees Retirement Associarion disability insurance, or Social Sec�.uity disabiliiy insurance. An Employee's accumulation of annual lea.ve will be reduced only by the amount of annual leave for which the Employee received compensation. 25.2 Seniority shall apply on scheduled annual leave up to March lst of each year. After March ls� scheduled annual leave shall be on a first come, fust serve basis. 25.3 A beginuing employee shall accrue annual leave at the rate of eighteen (18) da.ys (144 hours) per year for the first seven {� years (84 successive months). An employee who has wo�kked seven (7� years {84 successive months) shall acciue annual lea.ve at the rate of iwenty-four (24) days (192 hours) per year, beginning with the eighty-fif� (85th) month of successive employment An employee who has worked fifteen (i5) years {180 successive months) shall accrue annualleave at t�e rate of twenty-six (26) days (208 hours) per year, begirming with the one hundred eighty-fiist (181st) month of successive employment These rates are based on a foriy hour regular work week. The acival amount credited to an empioyee in any given pay period shall be prorated according to the actual number of regular hours worked during that pay period. Hows worked on overtime, callback, or standby shall not enter into tiie calcularion of the accnzal of annual leave. l0 13.16 � 25.4 For an employee hired on or after January 1, 1984: (Substance of sectior� to be determined by interest arbitration BMS Case No. 96-PN-1915.) 25. S For an employee hired before January 1, 1984: Vacation accrued but unused as of I�einber 31, 1983, shall be converted to annuat leave at the rate of one (1) day anm�alleave for one (1) day of vacation. Accrued but unused sick leave as of D�cember 31, 1983, shall be converted to ann�al leave according to the following schedule. a. lst 45 days @ 1 day of annualleave for 1 day of sick leave b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave c. Remainder @ 1 da.y of annual leave for 3 days of sick leave- --- In lieu of severance pay, one hoiu- of annual leaee shall be credited for each full month of employment up to a maximum of two hundred forly (240) hours_ The total amount of annual leave credited to die employee's balance as of January i, 1984, shall be equal to accrued but unused vacation plus accrued but unused sick leave converted according to flie formula above plus the amount in lieu of severance pay. If upon conversion to the annual leave plan an employee's accumulation of annual leave exceeds tiurty (30) days (240 hours), that amount shall be the maximum� total accumulation (cap) for that employee at �e end of any subsequent year. Once a year, at a time desigaated by the City, an: employee wili have the opportunity to exchange up to five (S) da.ys (40 hours) of accumulated annual leave for cash In addition, once a year at a time designated by the City, an employee with an accumulation of annual leave in excess of thirty (30) days (240 hours) will have the opportunity to exchange up to five (Sj days (40 hours) oi annual leave for cash Such an exchange shall reduce t1�e mu�imum total accumuiation (cap) of an employee by an equal amount An Employee who wishes to take advantage of the catch-up provision of the I.C.M.A. Retirement Coiporation may exchange as many days as desired for cash under the following conditions: a. The Employee's cap is reduced by the number of days exchanged b. I�i no case may the cap be reduced below thirty (30} days (240 hours). c- An Employee taking advantage of this provision must file the appropriate fonms for the payroll division of �e�Finance Deparbment and the I.C.M.A. Retirement Corporatio� � 11 13.17 25.6 Upon separation from empioyment with the City, an employee will be paid one (1) day's salary for each day of accrued annual leave remaining in the employee's balance. 25.7 Health Insurance Retirees jNew section] [Substance of secfion to be determined by interest arbitration BMS Case No. 9b-PN-1915.) Article 26. Holidays 26.1 Employees will accrue eight (8} hours of holiday leave %r each of eleven (11) holida.ys in a calendar year. 26-2 In addition to the eleven (11) holidays, Employees assigned to the Pah-ol Division shall be paid at one and one-half (1-U2) times their base raxe of pay for all hours worked on `� � the actual holida.y between the hours of midnight and midnight 26.3 Ernployees, with approval, may use accumulated Holiday leave time in any hourly increr�ent the employee chooses. Artic(e 27. Short Term Disability � 27.1 Calculation of the short term disabi]ity benefit shall be based on an average eight (8) hour work day. Each employee who has suG;�sfiillY completed the employee's probationary period shall be eligibl� for the short term disabilit�, benefit. Such an employee shall be entided to full pay commencing on the twenty-first (21st} consecutive worlang da,y on which the employee is absent (after absence for 160 consecutive regulazly scheduled working hours) due to a physician-certified illness ' or injury off the �ob, and continuing until the employee retuins to work able to carry out the full duties an.d responsibilities of t�e employee's position or through the one hun.dred and tenth (110th) worldng da.y (880'� re;�viarly scheduled working hour) of absence, whichever occurs first Such an employee shall also be entifled to fiill pay commencing on the eieventh (l lti�) consecutive working day on which the employee is absent �after absence for 80 consecutive regularly scheduled worlcing hours) due to a physician-certified illness or injury. on the : job and 'continuing until the employee returns to work able to cariy out the duties and responsibilities of the employee's position or through the one hundredth (100di) workmg day (800�` regularly scheduled working hour) of absence, wluchever occurs fust. The amount of any compensation for the short term disabiliiy benefit shall be reduced by any payment received by the disabled employee from workers'- compensation insurance, Public Employees Rerirement A,ssociation disability insw�nce, or Social Security disability insurance. Payment of short term disabilily benefit by the City to an employee shall not exceed nineiy (90) worlang days (720 worlang hours) for any single illness or injury, regardiess of the number and spacing of episodes. The annual leave baiance of an employee receiving short term disability benefit shall not be reduced, nor shall such employee accrue annuai leave duruig that period. 12 13.18 ?7.2 i3efore any slloit teiz�i disabiiity payine��ts are �nade by tlic City to � cmpioyee, the City �nay requcst al�d is entitled to rcceive a ce�tiiicate signed by a competent physician or otl�er uiedical attendai�t certifying to the fact that the entire absence was, in fact, due to the iliness or injury and not otherwise. Tiie City also reserves the right to have an exanwiation made at any time of any employee claiming payment under the short term disa.bility benefi� Such examination may be made on behalf of the City by any cotnpetent person designated by the City when the City deems the same to be reasonably necessary to verify die illness or injury claimed. 27.3 If an employee hired before January 1, 1984, has received payments under the injtuy-on-duty provisions of previous contracts, the number of days for which payment was received will be deducted from the number of days of eligibility for covei-age iu�der short term disability for that sazne injury. Article 2&. Funerai Pay Funeral leave will be granted to full rime employees up to a maxunum of twenty -four (24) scheduled hours. Funeral leave is granted in case of deaths occutring in ttle iinmediate fanuly. For this purpose inunediate family is considered to be a spouse; ctlild, pareut, ��andparen� brott�er or sister, modier-in-lau� and fatl�ei--in-law. � _�i-ticle 29. Jury P<Z�• It shall be iuiderstood and agreed that the City sliali pay aiI rebular full time employees sen�ig on any juuy the difference iii salary beh��een _jury pay and the employee's re�ular satary or pay ��vhile in such ser«ce_ Articie 30. Compensatory Time Management reserves the right to appro��e compensatory tune in lieu of overtime pay. Compensatory time sha11 not be accumutated in eacess of twenty-four (24) hours, and must be used within the ealendar year in v��hich it was accumulated as determined by the employer_ Artic(e 31. Employee Education Program 31.1 The City will pay ceitain expenses for ceitaiii education courses based on tl�e fottowing criteria. a. The trauiin� course must have relevance to the employees' present or anticipated caree�- responsibiliries_ Attendance stiall be at a City approved insritution. Tl�e course must be approved by die Departinent Manager. Financial assistance wili be extc��ded onl}� to coui�ses offered Uy ari acci-edited instin�tio��. This includes ��ocationa( schools, Minnesota School of I3usiness, etc. ,, 13.19 31.2 Pr-ogratns rinancial Policy F1111I1C1� assistance not to exceed the amount of two ti�ousand iwo hundred fifty dollars ($2,250.00) per Employee per year will be extended to cover the cost of tuition, required books or educational materials, and required fees related ta the course. Charges for student union memberslup, shident health coverage and other charges for which t�e student receives some item or seiv�ices other than actual instruction will not be paid The City will pay 50'�0 of �e cost of tuition in advance of the employee's actuai participation in die coluse and the employee shall pay SO% of the cost Upon successfui complqion of the coiuse, an employee will be required #o present to his Department Head a certification of s�#isfa:ctory work Satisfactory work is defined as follows: a. In courses issuing a letter grade, a C or above is required. b- In courses issuing a numerical grade, 70% or above is required. c. In courses not issui.ng a grade, a certification from the instiuctor that the student satisfactorily participated in the activities of the course is required. 31.3 If the Employee satisfactorily completes the course, the Employee will be reimbursed for the additional fifty percent (SO%) of the iuition cost for which the Employee obligated himself or herself in the approved apglication as well as for the cost of any course required books, educational materials of fees. If the Employee fails to satisfactorily complete the course, the Employee will not be reimbursed for these costs. 31.4 The program will not reunburse the Employee for d�e hours the Employee spends i� class, only for the tuition. 31.5 Expenses for which the Employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered 31.6 The City will not pay hution or other costs for those courses which are used to make the Employee eligible for additional salary. Article 32. Pay for Investigators or School Resource Officer Employees receiving the one hundred fifly-five dollars ($155.00) per month differential pay shall not be eligible for the overtime provisions of the contract applicable to Police Officers, but fliey shall be eligible to receive overtime at time and one-half the Employee's regular base rate of pay if the Employee is assi�ed by ti�e Employer to work in excess of the number of hotu-s allowed by the Fair Labor Standards Act for the work period chosen by the Employer in accordance with the special overtime exemptions for public safety employees_ 14 13.20 f�rticie 33. I3t14S Casc No. �3�-PN-486-A, (ssuc 8 I�(�e City sliall estai�lish a minimiun of two months between e�icii sl�ift ci�an�e in tite rotation. Articte 34_ Waiver 34.1 Any and all prior agreements, resotutions, pracrices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreemen� are hereby superseded. 34.2 The parties mutually aclrnowledge that during the negotiations which resulted in this. Agreement, each had the unlimited right and opportunity to make demands and proposais with respect to any term or condition of empioyment not removed by iaw from bargaining. All agreements and understandings arrived at by flie parties are set forth in wtiting in this Agreement for the stipulated durarion of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negoriate regarding any and all temis and condirions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not . specifically refe�red to or covered by this Agreement, even t�iough sucli. terms or conditions may iiot tiave beeii wittun the knowledge or contemplarion of eitiier or bot1� qf the ��-iies at tlle time tlus coniract was iiegotiated or executed. .�.rticle 3�. D�u-ation This Am�eemeiit shall be effective as of ttie fu-st day of Januaty, 199G, alid shall remaul iii full force aiid effect t1u-ou�h the tltirty-first day of December, 1997. Iii �vitness «Tl�ereof, tlie �ar-ties hereto have e�.ecuted flus Agreement on ihis day of , 1996. FOR CITY OF FRIDLEY William J. Nee, Mayor William W. Btu-�is, City Manager FOR LAW ENFORCEA�IENT LABOR SERVICES, INC. � Ch�trles 8en�tsoi . 3usiz�ess f��ent .,_�____= Kcii�i l�� orse, Ste�varcl i 15 13.21 1 I liereby recommend approval of this C. H �uu� As��. to H. Sallman, Public Safetv Director 16 :1,3:22 �. F ri �. ,O`/`5"�R .y,`\\ /�;!�:�v,.. l ,��. ��\\ <<��•�:� �� :��: ��. .,:r�f�.�,� ._��.,. Fridley Police Department Memorandum �� To: William W. Bu ?� � From: Dave Sailman R�J Date: December 12, 1996 Re: Reorganization Attached is a resolution approving the addition of a s�geant and the del�ttion of a corporal to the Police Departmeat orgamzational �ucture. The change is necessary to accommodate the proposed twelve ho�v shifts which we are going to schedule in 1997 which has been discussed with the Council at a previous work session. 14.01 RESOLUTION NO. - 1996 A RESOLUTION DELETING AN AUTHORIZED POSITION AND ADDING AN AUTHORIZED POSITION IN THE POLICE DEPARZT�NT OF THE CITY OF FRIDLEY WHEREAS, the Police Department of the City of Fridley plans to adopt a twelve hour shift schedule beginning January l, 1997; and WHEREAS, a twelve hour shift schedule for patrol officers requires a reorganization of the supervisory positions of Sergeant and Corporal; NOW, THEREFORE, BE IT RESOLVED that effective January l, 1997, the number of authorized Corporal positions be reduced from three to two and the number of authorized Sergeant positions be increased from four to five. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996., ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 14.02 Special Projects Unit em 0 T« wlliam W. Bums, City IlAanage� �� Fra� Rose M. Gtiep. SPU Coordinator C� David H. Saliman, Oinec:tor of PubGc Safe�y Date: November 25,1996 R� Resolution for acceptance of HMEP Grarrt In September of 1996 application was made for grarrt funds to offset expenses incurred in connedion with an emergency eacer�cise which was to be conducted in cooperation Unily Hospital. The exer+cise involved a hazarcious material spill at the hospital to which Fridley Fire, among others, responded, and was sucxessfully completed on October24,1996. The application for the Hazardous Materials Emergency p�paredn� MME� graM has been approved in the amourrt of $2,000.00 and a�so�u�on d�gnating the Emergency Managemerrt Direc�or as the authorized person to execute tlii,s ag�+eemertt is attad�ed. Upon the resolution's adoption, a certified oopy must be atfached to the signed agr�eemeMs and retumed to the Division of Emergency Ma�agernent in orcier to r+eceive r�eimbursemerrt. • Page 1 y5.01 RESOLUI'ION NO. -1996 RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT WI�REAS, the State of 11�innesota has been given a gant by the U.S. Depart�ient of Transportation under the Hazardous Materials Emergency Preparedness (�IlVIEP) Program; and WHEREAS, the City of Fridley has applied in good faith for HMEP moneys for a full- scale �ercise held October 24, 1996; TI-�REFORE, BE IT RESOLVED, that the City of Fridley fully agrees to the terms of the grant, and, with the passage of this resolution, officially requests the Division of Emergency Management to enforce the contract in accordance with the applicable rules and regulations; NOW, THEREFORE, BE IT FURTHER RESOLVED, THAT the Director of Emergency Management is hereby authorized to execute the ageement and thereby assume for and on behalf of the City of Fridley a11 of the contractual obligations contained therein. PASSED AND ADOPTED BY THE CITY COUNCII, OF THE CITY OF FRIDLEY THIS 16� DAY OF DECEMBER 199b. ATTEST: WII.LIAM 7. NEE - MAYOR WII..LIAM A. CHAMPA - CITY CLERK 15.02 � �' LICENSES CffY OF FRIDLEY ELECTRICAL Life Safety Systems Inc 3700 74 Ave N Brooklyn Pazk MN 55432 Mike Klein GENERAL CONTRACTOR-COMI��RCIAL Bangsund Ken Construction 8805 Davem Ave NE Monticello MN 55362 Ken Bangsund Birch, Ron Custom Builders Inc 1715 Birch Lake Ave � White Bear Lake MN 55110 Ronald Birch CDC Inc 712 E Lake St Minneapolis MN 55407 M. Saboory DuAll Service Contractors Inc 636 39 Ave NE Minneapolis MN 55421 Gary Dooner Fluor Daniel Inc 1701 E 79 St #19 Bloomington MN 55425 Thomas Hannasch Ford, Dwayne Construction (Porch Only) 4830 104 Ln NE Blaine MN 55014 Dwayne Ford Metal Master Home Improvement 339 107 Ave NE Blaine MN 55434 Kerry Artz Westem Remodelers (SiDING ONL� 2520 W Larpenteur St Paul MN 551 �3 ; Barry Goldman. 18.01 STATE OF MINN RON JULKOWSKI Cluef Bldg Ofcl Same Same Same Same Same Sane Same GENERAL CONTRACTOR-RESIDENTIAL Berry Dave Construction (9204) 14470 96 Ave N Maple Grove MN 55369 David Berry Corona.do Enterprises 8282 Arthur St NE Spring Lake Park MN 55432 Phalen Siding & Trim Inc (6216) 1528 Lincoln St Paul MN 55105 Schroeder Tim Construction (8929) 33 Quinlan Ave S Lakeland Shores MN 55043 Walker Roofmg 2701 36 Ave S Minneapolis MN 55406 HEATING Metro Sheet Metal Inc 1708 Gervais Ave Maplewood MN 55109 PLUMBING Hokanson Plumbing 9174 Isanti St NE Blaine MN 55449 Spriggs Plbg & Htg 124 Eva St St Paul MN 55025 Surge Water Conditioning 702 E Excelsior Ave Hopkins MN 55343 Thompson Plumbing Corp 15001 Minnetonka Ind. Rd Minnetonka MN 55345 Zell Plumbing 8920 27 St N Lake Elmo MN 55042 G. Starkweather John Limberg Tim Schroeder Nathan Reese Michael Dobihal Bruce Horbal Michael Lenahan Gary Capone Ken Gause Les Zell 18.02 STATE OF MINN Same Same Same Same RON 7ULKOWSKI Chief Bldg Ofcl STATE OF MINN Same Same Same Same SIGN ERECTOR Electro Neon & Design Inc 1680 99 Ln NE Blaine MN 55449 RON 7ULKOWSKI Cluef Bldg Ofcl Topline Advertising Inc 1471 92 Ln NE RON NLKOWSKI Blaine MN 55449-4332 Steve Barcel Chief Bldg Ofcl 18.03 � ESTIMATES � oF DECEMBER 16,1996 FRIDLEY Hardrives, Inc. 9724 Tenth Avenue North Plymouth, MN 55441 1995 Street Improvement Project No. ST. 1995 -1 & 2 FtNAL ESTiMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29, 9 99.63 Richmar Construction, Inc. 7776 Alden Way Fridley, MN 55432 Water Treatment Plant No. 3 Project No. 293 Estimate No. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $119,242.12 Thomas & Sons Construction, Inc. 13925 Northdale Bivd. Rogers, MN 55374 '1996 Street Improvement Project No. ST. 1996 - 1& 2 Estimate No. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,292.62 19,01 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 November 25, 199fi Honorable Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. .Fridley, MN 55432 � Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for 1995 Street Improvement Project No. ST. 1995 - 1&2, for Hardrives, Inc., 14475 Quiram Drive, Itogers, MN 55374.. VVe have viewed the work under contract for the construction of 1995 Street Improvement Project No. ST. 1995 - 1&2 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on November 22, 1996. Respectfully submitted, John G. Flora Director of Public Works JT:cz Prepared t Checked b� 19,03 November 25, 1996 To: Public Works Director City of Fridley -� ��- � - _-- �- �--� �' � ' 1 �� i �l� "� � �� • , We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being November 22. 1996. James Larson, Jr., Project Coordinator 19.04 �� — November 25, 1996 City of Fridley 1995 STREET IMPROVEMENT PROJECT NO. ST. 1995 - 1&2 _ ' _��;�_ � 4__ 1 . � �M �; �� ' This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $504,231.50 and the final payment of $29,199.63 for the improvement project would cover in full, the contractor's claims against �he CiLy for all Iabor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. HARDRIYYES, INC. James Larson, Jr., Projec`t Coordinator 19.05 �{�ll -J November 25, 1996 City of Fridley 1995 STREET IMPR.OVEMENT PROJECT NO. ST. 1995 - 1&2 PREVAILING WAGE VERIFICATION This is �to certify that Hardrives, Inc. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. Hardrives, Inc. - � '�; /4/! James Larson, Jr., Project Coordinator 19.06 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 FROM: City of Fridiey Engineering Division TO: Honorable Mayor and City Council City of Fridley 6431 University Ave, NE Fridley, MN 55432 Dated: November 25, 1996 RE: Estimate No. 7 (FINAL) Period Ending: November 22, 1996 FOR: Ha�drives, Inc. 9724 10th Ave N Plymouth MN 55441 JOB CODE NO. 554-0000-415-4530-9521 1995 STREET IMPROVEMENT PROJECT PROJECT NO. ST. 1995 - 1&2 STATFMFNT [�F W[1RK <:?:iY::-::�:':!'::::i�i'�iii�4:::�:?::'�'�:'iiii:ii?:�'^1i`Y:::.::=:Yi:�i:i::i::::i::`::=:Li::ii�:2�iiii:ii�i: i: " _ ::}'� .��.�..�. � �_�� -iii :v:;:;':'�ii:i`::O •• ' ' __ ..��-:: : :. � .��':�i::'::L:::� i:::::�..:-._�::::?:-t:�i::��.?i:�:::_: i�i:�i:�if�'i::'::'!:::v��:i�::::•:�i:i':i� ::.ti: {: •: r - :•::>�fi:•`:=`i3:2�+`:•::� i;'�..'.�'''•'.'`.,.".�..'i:�i:;:i:::R> _ _ :;::.i;.::;:; :'::%f%::;..•. - i==S�e�t�:�'::`:;:�"i<i ��L��i:f�� 22�''i:i':;� �i'�i'� �:;:;:::=:::?j.."�?'�::`'•''.<.5:=.`::'�....'.::>:".-:'..i::`�::=:i:::j...:'....':., i:+::.'':::•:. - ... . :.. :�:::::::::.: _ ,.... ::::�::::�>:�>;>.::i:.,-;...:.• ... ............: . . : ......::::..:: _ _ �.� �::::::.: . ... ...:. .::::::::::: �::::: � :: �: .. -::._ ..:. .... ................ .. .:. . . ... ....::. � ::>:.:::_:a::n:�::>:�..:>: :. .:.:.�:.::.: :� ::::::::::::::: �::.:. . ..�:::.;::;.;;�.,•.; �:::.: _ ...................... .. . :::.::::::o-::�>.;._.,- ...:::.::::::: �: . ...:.:.:._:::. 6 ....:: •..� :::::::::::::::::.:�.><>.::.:�:::::::::: :.. .,......:::::::..: .. ..::::::::.�:: .. .::� :::...::.::::::..::::::::.:�.:.:..:.........:.:.::..:..................:�........:.. .�I4�.........- ------.'.��315..---:.:. .:;:..•::::::: • : , .......:.:. .::::...... . ... . . ��1!�':=>:;":�::: 3::=:;:;:� :;: `::•:�_-;.;::�': ::::<?zi:::�::: .: ;.r:::::'__:=`: �::<=:� ...:.::.::::::::::::::.:::._:.:::::::. .............. ,: •:::::::::..... : ..:::::: . ...........:.:. . .. .. .0��::. .. :.� ...-.-•-: �-�----- . 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Q.......:......:::..::::,�rno�;:;<:::: Remove concrete curb & gutter 910.00 LF 1.50 71.00 106.50 1,604,00 2,q06,00 Remove bituminous curb 5,468.00 lF 0.30 697.00 209.10 5.122.00 1,536.60 Remove biturninous pavement 15,600.00 SY .1.85 0.00 0.00 15,480.00 28,638.00 Remove concrete pavement 395.00 SY 8.00 0.00 0.00 534.00 4,272.00 Remove catch basin 2.00 Each 500.00 0.00 0.00 1.00 500.00 Saw cut bituminous pavement 766.00 �F 2.50 0.00 U.00 691.00 1,727.50 Common excavation 1,950.00 CY 6.00 0.00 0.00 1,950.00 11,700.00 Top soil borrow 278.00 CY 10.50 0.00 0.00 196.00 2,058.00 Subgrade treatmerrt (12 inch) 26.50 Rd Sta 1,135.00 0.00 0.00 26.00 29,510.00 Aggregate base - Class 5 3,407.00 Ton 7.45 0.00 0.00 6,550.00 48,797.50 Mill bituminous surface t,f08.00 SY 4.00 0.00 0.00 1,854.00 7,416.00 Type 41A Wearing Course Mix (with oiQ 5,080.00 Ton 25.55 0.00 0.00 5,072.00 129,5a9.60 Type 31 binder course mix (with oil) 1,988.00 Ton 23.00 0.00 0.00 2,572.00 59,156.00 Type 31A leveling course mix (with oin 120.00 Ton 30.00 0.00 0.00 143:00 4,290.00 Bituminous driveway 3,068.00 SY 12.00 0.00 0.00 568.00 6,816.00 Bituminous mixture for tack coat 6,125.00 Gal 1.00 0.00 0.00 3,280.00 3,280.00 12 inch RCP sewer, Class (II 100.00 LF 30.00 6.00 180.00 96.00 2,880.00 Construct catch basin-design C or G 7.00 Each 1,200.00 0.00 0.00 7.00 8,400.00 Furnish catch basin casting assembly 8.pp ��h 3pp_pp �� ,pp �gppAp g pp 2.�00 00 Furnish manhole casting 4.00 Each 300.00 0.00 0.00 6.00 1,800.00 Adjust frame, ring & casting 45.00 Eaeh 150.00 0.00 0.00 59.00 8,850.00 Adjust valve box (gate} 26.00 Each 15p.pp 0.00 0.00 38.00 5,700.00 Relocate catch basin 5.00 Eaah 600.00 0.00 0.00 1.00 600.OQ Tie into manhole%atch basin 7.00 Each 300.00 0.00 0.00 7.00 2,100.00 Co�utruct catch basin special 1.00 Each 2,000.00 0.00 0.00 1.00 2,000.00 Concrete walk 40.00 SF 6.60 (4.00 (26.40j 79.00 521.40 Conc�ete curb & gutter - Design 8618 6,265.00 LF 9.30 (290.00 (2,697.00 5,499.00 51,140.70 Residerrtial concrete driveway (6 inch) 2,896.00 SY 35.00 (48.00 (1,680.00 502.00 17,570.00 Concrete curb & gutter B-t0-18 127.00 LF t5.00 0.00 0.00 127.00 1,905.00 19.07 HARDRIVES, INC. PAGE 2 ESTIMATE NO. 7 (FINAL) `. ; ; Quantity . : ;; Tatal> > i ! Esf�mated Un�t Thts. Thts Totat Totat CONTRACT IT�M Quantit Un�t ; P`r�ce Est�mate ..;Esfitlr��te.. C�uant.,, �... .:.:.Amr�u�t �:; Wire fence design 72-9322 100.00 LF 15.0(3 0.00 0.00 80.0p 1,200,pp F& I sign panels Type C 25.00 SF 30.00 0.00 0.00 19.00 570.00 Pavement message (RRXing) poly pref. 2.00 Each 1,595.00 0.00 0.00 1.00 1,595.00 Pave. message (right arrow) Poly Pref 1.00 Each 583.00 0.00 0.00 1.00 583.00 4 in. solid line white-poly preformed 629.00 LF 2.95 0.00 0.00 628.00 1,852.60 4 in. broken line yellaw-poly prefom�ed 2,510.00 LF 2.95 0.00 0.00 510.00 1,504.50 24-in. wicie stop line white-poty pref. 130.00 LF 17.50 0.00 0.00 �30.00 2,275.00 Crosswalk marking - poly preformed 675.00 SF 10.00 0.00 0.00 675.00 6,750.00 Loop detector (6 ft x 6 ft) 6.00 Each 600.00 0.00 0.00 7.00 4,200.00 Plartt evergreen trce (6 ft blue spruce) 10.00 Each 165.00 0.00. 0.00 Sod, type lawn with 4-in. iop soil 4,i86.00 SY 1.70 (300.00 (510.00 6,69U.00 11,373.00 Class 5 gradation 3.00 Each 100.00 0.00 0.00 t.00 100.00 Class 5 proctor 3.00 Each 100.00 0.00 0.00 1.00 100.00 Class 5 in-place density 3.00 Each 75.00 0.00 0.00 1.00 75.00 Concrete cylinder (set of 3) 4.00 Each 165.00 0.00 0.00 4.00 660.00 Bituminous extraction & gradation • 3.00 Each 100.00 . 0.00 0.00 2.00 200.00 Bituminous air voids 3.00 Each 75.00 0.00 0.00 2.00 150.00 Residential bituminous driveway 50.00 SY 17.00 0.00 0.00 Instal) concrete valley gutter 300.00 LF 22.00 100.00 2,200.00 35p.00 7,700.00 B-6-24 Curb and Gutter 47.00 LF 11.80 0.00 0.00 417.00 4,920.60 Savved, Sealed Joints 2,780.00 LF 3.25 (107.00 (347.75) 3,250.00 10,562.50 SUMMARY: Original Contract Amount Contract additions C.O.#3,48�5 Contract deductions - C/O #1, #2 Revised contract amount Value Completed To Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE $573,282.80 23,931.60 3,685.15 593,529.25 504,231.50 OAO 475,031.87 $29,199.63 TOTAL THIS ESTIMATE 19.08 ($2.517.80) TOTAL AMOUNT $504,231.50 HARDRIVES, INC. ESTIMATE NO. 7 (FiNALj CERTIFICATE OF THE CONTRACTOR t hereby certify that the work performed a�d the materiats supplied ta date under the terms af the contract for this project, and ail authorized changes thereto, have an actuai value under the contract of the amounts shown on is estimate (and the final quantities on the final estimate are conect), and that this estimate is just and corr d part o he "Amourrt Due This Estimate' has been received. gy '� �% Contractor's Authorized Representative {Title) CERTIFICATE OF THE ENGINEER 1 hereby certiiy that # have prepared or examined this estimate, and thai the contracior is entitled to payment of this estimate under the contract for reference proiect. CITY OF FRIDLEY, INSPECTOR By .� Checked By /Z // / � Date: j � � Respectfully submitted, ,ld1m G. Fiora, PE Director of Pubtic Works 19.09 PAGE 3 MEMORA.NDUIVI PLAS�TNING DI`�TSION DATE: December 10, 1996 TO: William Burns, City Manager � � FROM: Barbara Dacy, Community Development Director Scott. Hickok, Pianning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #96-22, by Miller Funerai Home At the November 4, 1996, City Council meeting, the City Council tabled action on the variance request, VAR #96-22, by Kim MiNer to allow the petitioner time to survey the adjacent property owners regarding the request. The request, if approved, will allow the expansion of both the principal building and accessory structure. Unfortunately, the petitioner did not complete the survey as requested by Council. The 60 day agency action date for this request is January 3, 1997. The next City Council meeting will be January 6, 1997. Staff recommends that the City Council take action on the attached variance request_ M-96-566 20.01 DESCRIPTION OF REQUEST: Kim Miller requests that two variances be granted to allow an expansion and garage space addition at Miller Funeral Home at 6210 Highway 65. The variances requested are: 1. Principal Building - To reduce the front yard setback from 80 feet to 37 feet; 2. Garage Structure - To reduce the rear yard setback from 40 feet to 33 feet. If the variance requests are approved, the petitioner will complete the following improvements to the property: 1. Construct a 30.5 foot by 66 foot addition to the west side of the principal building. 2. Construct a 22.7 foot by b0 foot addition onto the garage located at the rear of the property. HARDSHIP STATEMENT: "Need arrangement and business offices, casket showroom and storage." SUMMARY OF ISSUES: Section 205.15.03.C.(2).(b) of the Fridley Zoning Code requires a side yard setback of 80 feet where a side yard abuts a street of a corner lot. Public purpose served hy this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighboring front yard_ Section 205.15.03.C.(3) requires a minimum rear yard setback of 40 feet. Public purpose served by this requirement is to provide adequate open space around commercial structures for aesthetic and fire-fighting purposes. The petitioner's building proposal will provide additional storage and assembly areas for mourners and family members. The proposed building addition is 2,013 square feet and does not impact sight lines of adjacent properties. The garage addition will be used for vehicte and casket storage. The proposed garage expansion will eliminate 5 parking spaces on site. Two new spaces could be constructed adjacent to the garage addition for a net loss of 3 spaces. The site meets the parkin� requirements of the code; however, there may be 2 or 3 reviewals conducted at one time; therefore all on-site parking spaces are used on a regular basis. The petitioner does have an agreement with St. Philips Lutheran Church to the south for additional overflow parking. 2�.02 Staff Report VAR #96-22, 6210 Highway 65 N.E. P�e 2 The Engineering Department has two requests of the petitioner: 1. 2. Granting of a 10 foot easemer►t adjacent to the existing drainage easement to provide access to a sewage pumping station. A grading and drainage plan with calculations documenting the change in stormwater runoff. APPEALS COMMISSION ACTION: The Appeals Commission voted unanimously to recommend approval of ihe request to the City Council. The Commission amended stipulation #3 as follows: 3. The petitioner shall work with staffto determine an appropriate screening solution for the garage addition. CITY COUNCII. RECOMMENDATION: Staff recommends that the City Council concur with the Appeals Commission Action. PROJECT DETAILS Petition For: A variance to: 1. Reduce the front yard setback from 80 feet to 37 feet; and 2. Reduce the rear yard setback from 40 feet to 33 feet Location of Property: Legal Description of Property: Size: Topography: Eaisting Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: i 6210 Highway 65 N.E. Lots 3& 4, Block 1, Herwal's Second Addition 83,760 square feet; 1.92 acres Flat Typical suburban; sod, shrubs, trees C-3, General Shopping Ceirter; Herwal's Second Addition 1963 Connected 20.03 Staff Report VAR #96-22, 6210 Highway 65 N.E. Page 3 Vehicular Access: Pedestrian Access: Engineering Issues: Site Planning Issues: Comprehensive Planning Issues: Public Hearing Comments: WEST: West Moore Lake Drive Sidewalk along West Moore Lake Drive N/A The zoning and Comprehensive Plan are consistent in this location. SOLTTH: EAST: NORTH: REQUEST ADJACENT SITES Zoning: R-1, Single Family Zoning: R-3, General Multiple Family Zoning: R-1, General Shopping Center Zoning: R-1, General Shopping Center DEVELOPMENT SITE The petitioner requests that two variances be granted: l. To reduce the front yard setback from 80 feet to 37 feet; 2. To reduce the rear yard setback from 40 feet to 33 feet. Land Use: Residential Land Use: Church Land Use: Retail; multi-tenant Land Use: Office; multi-tenant If the variance request is approved, the petitioner will complete the following improvements to the property: 1. Construct a 30.5 foot by 66 foot addition to the west side of the building. 2. Construct a 22.7 foot by 60 foot additiori onto the garage located at the rear of the property. 20.04 Staff Report VAR #96-22, 6210 Highway 65 N.E. Page 4 SITE DESCRIPTIONBISTORY The subject parcel is located in the northwest comer of the intersection of H'ighway 65 and West Moore Lake Drive. Located on the property is a 6,000 square foot (90 feet by 66 feet) mortuary and a 1,800 square foot garage. The following activities have occurred on the property: 1963- Variances were ganted for building setbacks, parlcing stalls, and driveway locations for a funeral home. 1967- Issuance of a building pernut for a funeral home 1987- Va.riances were granted to reduce the side corner setback to a11ow construction of a building � addition on the west end of the funeral horne. 1993- A variance was granted to reduce the side yard setback to 3 fcet to a11ow a hearse enclosure. 1994- Construction of a canopy (as opposed to a hearse enclosure) in the side yard, sign variance, and construction of a 30 foot by 60 foot garage. 1996- Variance request for garage expansion to reduce the rear yazd setback from 40 feet to 25 feet. ANALYSIS Section 205.15.03.C.(2).(b) of the Fridley Zoning Code requires a side yard setback of 80 feet where a side yard abuts a street of a corner lot. Public purpose served by this requirement is to maintain a higher degree of traffic visibility and to reduce the "line of sight" encroachment into the neighboring front yard. Section 205.15.03.C.(3) requires a minimum rear yard setback of 40 feet. Public purpose served by this requirement is to provide adequate open space around commercial structures for aesthetic and fire-fighting purposes. Front Yard Variance The variance request to reduce the front yard setbaek from 80 feet to 37 feet would a11ow the construction of an addition to the west side of the building. This request does not have an adverse impact on adjacent properties as the proposed addition is in line with the existing building. The addition will eliminate the existing drive-through canopy located on the west side of the building. This request is consistent with similar requests previously granted for the property, as well as adjacent properties in the vicinity. Staff recommends approval of the request to reduce the front yard setback. Rear Yard Setback The variance to reduce the rear yard setback would allow construction of a 22.7 foot by 60 foot addition to the existing brick garage. The previous garage expansion request was 30 feet by 80 feet and would have reduced the setback to 24 feet. There is a 40 to 55 foot wide planting boulevard which separates the subject parcel from the adjacent residential parcels to the west. The planting boulevard is not owned by either the petitioner nor the residential properties to the west. The properties do not directly abut each other, they are separated by the 20.05 Staff Report VAR #96-22, 6210 Highway 65 N.E. Page 5 --� planting boulevard. There are a number of trees which are located in the planting boulevard, as well as a ditch which drains to the west basin of Moore Lake. The trees in the planting boulevard will not be impacted by the proposed addition. The proposed garage may pose a visual impact to the adjacent residential properties. Landscaping to the rear of the addition could reduce the impact. The proposed garage addition reduces the required number of parking spaces on the property from 83 spaces to 78 spaces (80 spaces are required based on 1 space per 100 square feet of building area of 8,000 square feet). Two spaces can be created south of the proposed addition for a total net loss of 3 spaces (3 stalls provided). The site meets the code requirements for parking; however, due to the consolidated nature of the use, it is staffs observation that the demand for parking exceeds the supply: It is essen�ial that parking is maintained on site. The petitioner does has a cross parking agree�nent with the Lutheran Church to the south. The Engineering Department has two concerns regarding the subject parcel. A sewage pumping station is loca.ted in a drainage easement located along the east property.line. An additional 10 foot easement adjacent to the e�cisting easement is needed for access purposes. A grading and drainage plan is also required to review stormwater impact. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: Staff recommended that the Appeals Commission recommend approval of the front yard variance request to the City Council with the following stipulations: The petitioner shall dedicate a 10 foot drainage and utility easement parallel with and adjacent to the west line of the existing drainage and utility easement which is located adjacent to the east property line. 2. The petitioner shall submit a grading and drainage plan and calculations for stormwater runoff. 3. The petitioner shall plant seven (7) - 6 foot tall evergreens to the rear of the proposed garage addition. 4. Adequate informational signage regarding off-site overflow parking and pedestrian crossing be installed prior to commencement of construction. Staff had no recommendation for the Appeals Commission regarding the rear yard variance request. APPEALS COMMISSION ACTION: The Appeals Commission voted unanimously to recommend approval of the request to the City Council. The Commission amended stipulation #3 as follows: 2�.�6 �� Staff Report VAR #96-22, 6210 Highway 65 N_E. Page 6 3. The petitioner sha11 work with staff to determine an appropriate screening solution for the garage addition. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concw- with the Appeals Commission Action with the following stipulations: 1. The petitioner shall dedicate a 10 foot drainage and utility easement parallel with and adjacent to the west line of the e��cisting drainage and utility easement which is located adjacent to the east property line. 2. The petitioner shall submit a grading and drainage plan and calculations for stormwater runoff. 3. The petitioner shall work with staff to determine an appropriate screening solution for the garage addition. 4. Adequate informational signage regarding off-site overtlow parking and pedestrian crossing be installed prior to commencemem of construction. 2�.�7 LL� LL Z w : J - < � �_-'___..{__�"__T__ � .. � � YJ < n o� � `� '3 _a�\ _ - _ � � � l�., o Q � � W o W� � h U Y � y1 F - o� 2 � W W u \ �m �y � � � ti � ¢ � � � o � o a�. s` re W'�. „'i. " 4�s -OO �4,� � f � '_ o�y n��<�a'Y��..: ��i � � � ~ W C n W �V � v� m o Q~ Q W o�� °�W �w �d' o0 -'�. �. G �CO� �� C� < � 1 1 �� Nn � u N�� O I 1 1 I I��iX •�. �� - < � � '�� -�.._1 '—� _`' �� .� �� :� 1 . � � .� _� � �J � �� ?a Wz s� � � . °... ��e» <3QWiu' y+ mRF � � � , VAR ��96-22 Miller Funeral Home 59 UN ,f Y,�INJ IN )INn�/� JJ. 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L 'i,�Z � � -: o�`- --$- - _ _ j �� 1�188 � :� � � ��50� \ � i r�,.. ��`\T .�.\ , � ((�` y' !'09 . � "';�� >) } •�� n� �� 5 9�_ �t�� ~ � . . �``� J � � _ �~ ~ ��ua _'a_ _ — — �_ 98'LfZ HLllON ° \\ �; — — \\ avv��nof� JNI.lNV7d '\''�° ��.s,. --- --- ---- -- — - -- --- ---� . 20.09 � I�. � _ � \ ' � � o � ` ,.: � I `� � i _ � o � �l � - � � oW � � � � o � „ � h - b 2 O ' O , � D ) n I - rtr.,, :�V j �I , v � I _ 1 o � I I CITY OF FRIDLEY APPEALS COMMISSiON MEETING, OCTOBER 23, 1996 ROLL CALL: Chairperson Kuechle called the October 23, 1996, Appeals Commission ing to order at 7: 32 p. m. ROLL CALL: Members Present: Larry Kuechle, Carol Beaulieu, Diane avage, Ken Vos (8:01 p.m.) Members Absent: None Others Present: Mid�ele McPherson, P ing Assistant Scott Lexvold, Mille unerai Home Betty Addison, ' Creek Gardens Connie Mas' , 1070 Lynde Drive N.E. Arvid Bi , Noah's Ark of Minnesota Brer� & Chery1 Klein, 1419 West Danube Road MOTION b s. Savage, seaonded by Ms. Beaulieu, to approve the August 28, 1996, Appeals mmission minutes as written. 1. A VOICE VOTE, ALL VlJTING AYE, CHAIRPERSON KUECHLE DECLARED THE IN CARRIED UNANlMOUSLY. Per Section 205.15.03.C.(2).(b� of the Fridley Zoning Code, to reduce the front yard setback on a comer lot from 80 feet to 37 feet to allow a 30.5 foo# by 66 foot addition to an existing funeral home; and Per Section 205.15.03.C.(3) of the Fridley Zoning Code, to reduce the rear yard setback from 40 feet to 33 feet to allow the constnx�iai of a 22.7 foot by 60 foot addition to a storage structure on Lots 3 and 4, Block 1, Herwal 2nd Addition, gene�ally located at 6210 Highway 65 N.E. (Miller Funeral Home). MOTION by Ms. Beaulieu, sec�nded by Savage, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MUTfON CARRIED AND THE PUBLIC NEARING OPEN AT 7:34 P.M. Ms. McPherson stated the variance request is by Kim J. Mil4er of Milier Funeral Home for property located at the intersection of West Moore Lake Drive and Highway 65. The first 20.10 APPEALS COMMISSION MEETING OCTOBER 23 1996 PAGE 2 pa�t of the request is to reduce the front yard setback from 80 feet to 37 feet and to reduce the rear yard setback from 40 feet to 33 feet. Ms. McPherson stated the Commission reviewed a similar request earlier this year to reduce the frorrt yard setbadc from 80 feet to 37 feet and to reduoe the rear yard setback from 40 feet to 25 feet. The petitioners original request was denied by the City Council. The petitioner has resubmitted a request with a difFerent proposal. Ms. McPherson stated the petitioners original proposal was to fi!! in small alcove spaces on the funeral home and to construct a fairly substantial addition to the existing aocessory structure in the rear yard. The City Council approved the setbadc variance to enclose the alcove spaces but denied the varianc:e �equest to reduce the rear yard setback for the accessory structure addition. In this request, the petitioner is proposing a 30 foot by 66 foot addition to tt�e building which reduces the setback from 80 feet to 37 feet and is proposing an addition to the existing garage of 22 feet by 60 feet maintaining the setbadc line of 33 feet at its closest point for the new addition. Ms. McPherson stated that in reviewing the request, staff looked at parking. There are enough parking spaces on site to meet the code requirements; hawever, there is a lot of use at this facility and there are additional parking spaoes at St Phillips Lutheran Church across the street on West Moore Lake Driv� to the south. The . petitioner has� a cross- parking agreement with the church to provide these additional spaces. Ms. McPherson stated the Engineering Department has requested an additional 10-foot easement along the west line of the existing easement in the northeast comer of the property to provide more access to a sanitary sewer li#t station. The Engineering Department has also requested a grading and drainage plan to ensure that there is no change in the stormwater runoff. It appears from a cursory view of those issues that the swap in hard surFaoe and green space should be about equa! so the�e is little impact. Ms. McPherson stated staff has suggested minimizing the impact to adjacent residential property to the west by planting additional trees along the rear of the proposed garage addition. The main objection to the petitioner's original request was the possible impact to the trees along the west property line. There is a 40-foot planting boulevard between the west property line of tF�e subject parcel and the east property lines of the adjacent residential properties to the west. Ms. McPherson stated staff recommends approval of the variance request to the City Council with the foilowing stipulations: 1. The petitioner shall dedicate a 10-foot drainage and utility easement parallel with and adjacent to the west line of the existing drainage and utility easement. 2. The petitioner shall submit a grading and drainage plan and calculations for stonnwater runoff. 3. The petitioner shall plant seven (7) - 6-foot tall evergreens to the rear of the proposed garage addition. 20.11 APPEALS COMMISSION MEETING OCTOBER 23. 1996 PAGE 3 4. Adequate informational signage regarding off-site overflow parking and pedestrian cxossing be installed pcior to of constnx�ion. Ms. Savage asked if the objec�ions that the City Council previously had would be an issue n�v. Ms. McPherson stated the City Counal did n� raise the objections. The objec�ions came from the neighbars. With this request, staff has not heard any c�ommments fiom the neighbors. She believed the petitioner has spoken #o one of the speaf�ca{1y aoncemed property owners to the v�st She believed that pr�operty owner's �oncems may have been atleviated by this revised proposal. Mr. Lexvold stated he wrote a letter to each of the 25 people who signed the petition from the last request and offered to build a 10�oot wood privacy fence because it seemed their. concem was the visual impact. Twetve people responded to that letter. Nine said they would still be opposed with the fence, and three said they would let the building go. He ofFered those responses for the record. Ms. McPherson stated these responses retated to the previous proposal and not the request now being considered. Mr. Lexvold stated the other issue is the stipulation regarding the planting of trees. Their only concem is that any trees put planted badc there would not do w�ell. He had invited Ms. Betty Addison of Rice Creek Gardens to the meeting to go over some of these issues. Ms. Addison stated the neighbors would like to have everg�eens in their badcyards. They looked at the site. The ground drops away precipitously behind the building and this area is filled with a grove of cottonwood trees. The area is too shady. There is no way that trees will grow there. She had hearci that the City warrted seven fi�oot trees. They talked to the neighbors to see if they would rather have two blue spnace or three arbonritae which are a smaller tree. She thought the blue spnx:e would go on either side or perhaps tFuee smaller arborvitae. Ms. McPherson stated the stipulation indicates seven evergreens. Mr. Lexvold stated one neighbor would prefer to have the trees in his yard because that would be better for him. He can discuss that option with the other neighbors as well. That may be a good avenue to follow. If these were put on the west border, it is likely that in two years the trees would be dead. Ms. Addison stated the cottonwood trees are close together. They take up the water and nutrients in the area. No other trees will grow there. Mr. Lexvold stated he had no objection with the recommendation bu# was offering a solution that may be mofe practical. Mr. Kuechle asked what material would be used for the west side of the accessory stru�ture. 20.12 APPEALS COMMISSION MEETING OCTOBER 23 1996 PAGE 4 Mr. Lexvold stated the building w�ould be c�rrtent block Ms. Addison stated the trBes �re dose and big so it is almost impossible to see the badc of the building. Mr. Kuechle asked if the pet�iaier had � issue with the cost of the trees. Mr. Lexvold stated that is not an issue. Ms. Savage asked if staff had reoeived ar�y comments from the neighbors. Ms. McPherson stated she had not reoeived calls from any of the neighbors d�ec;tly abutting the common p�roperty line. She did receive a call from a n�eighb� dawn the street within the not�cation radius who e�qxessed many objections but nothing specific to this request. MOTION by Ms. Beaulieu, s��c�nded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:50 P.M. Ms. Savage stated she had no objectiai but she did not know about the stipulatior�. Ms. Addison of Rice Creek Gardens is very kno�wledgeable. If trees cannot be plarrted there, she did not know how they c�uld make the requirement. Mr. Kuechle suggested the petitioner wock with staff to investigate what can be done to alleviate that c�ndition. He realized that is opened ended but he thought the petiaoner would be cooperative. Ms. Beaulieu stated she believed that with the previa�s variance request, the ne�hbors were concemed about the cutting aF trees. That would not happen with this proposal. MOTION by Ms. Savage, seconded by Ms. Beaulieu, to recommend approval of V�oe Request, #96-22, by Kim J. Miller, to reduoe the frorrt yard setbadc on a oomer lot from 80 feet to 37 feet to allaw a 30.5 foot by 66 foot addition to an existing funeral home; �d to reduce the rear yard setbadc from 40 feet to 33 feet to allow the construction of a 22.7 foot by 60 foot addition to a storage structure on Lots 3 and 4, Blodc 1, Hennral 2nd Addition, generally located at 6210 Highway 65 N.E. (Miller Funeral Home), with the follawing stipulations: The petitioner shall dedicate a 10�oot drainage and utility easemerrt parallel with and adjaoent to the west lir�e of the existing drainage and utility easement. 2. The petitioner shall submit a grading and drainage plan and calculations for stormwater runoff. 3. The petitioner shall work with staff to find an appropriate screening solution. 20.13 APPEALS COMMISSION MEETING OCTOBER 23 1996 PAGE 5 4. Adequate ir�formational signage regarding off-site overflow parking and pedestrian cxossing be i�stalled prior to commencement of c�nstruc�ion. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANlMOUSLY. Ms. McPherson stated the City Council would consider this request on November 4. 2. Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the setbadc from 35 feet to 31 feet to allow a bay windaw addition to a dwellinc, Block 3, Lyndale Builders 6th Addition, the same being 1070 Lynde Drive 1 MOTION by Ms. Savage, seconded by Ms. Beaulieu, to waive the hearing notice and to open the public hearing. 1, the public UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUEC� DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:53 P Ms. McPherson stated the request is for 1070 Lynde Driv which is located at the intersection of Lynde and Fillmore Streets. The request is to educe the front yard setback from 35 feet to 31 feet. The purpose of the request is to al construction of a 4-foot deep floor-to-ceiling bay window. The public purpose serv y this section of the c�de is to reduce the building line� site encroachment into the ighbors front yard. Ms. McPherson stated located on the subject rcel is a single family dwelling and a detached garage. The petitioners are proposi to build the proposed bay window within the existing eave line of the dwelling unit. floor to-ceiling bay window does require footings. Because it is within the existing r f overhang, it dces not impact the line-of-site nor affect the visibility for traffic. This equest is within previously granted variances; therefore, staff has no recommendatio regarding this request. Mr. Kuechle asked about the rules�egarding bay windows. Ms. McPherson stated that if ere are no footings, a bay window can be carrtilevered into the easement. If the bay ndow requires footings, it then needs a variance. Typically, when a window is install above the brick line, they can be installed without a variance. When footings are ne and structural work done, a variance is required. Ms. Masica Mr. Kue {ocated. copies of the drawings of the proposed project. if the bay window would be installed where the three windows are now Ms. sica stated, yes. They have three sections of a window that is 10 feet long. They w ed to replace the windows and then wanted to add and widen the room. 1t is on a rth wall so they wanted the foundation in order to insulate and keep the floor wam�er. 20.14 TO: WILLIAM W. BURNS, CITY MANAGER�r FROM: RICHARD D. PRIBYI,, FINAIVCE DIRECTOR SUBJECT: RESOLUTION ADOPTIlVG A BUDGET FOR THE FISCAL YEAR 1997 DATE: November 19, 1996 As required by Section 7.05 of the City Charter, the attached Budget Resolution provides for the adoption of the 1997 City of Fridley Budget. Please present the resolution to Council on December 16, 1996 for their approval. RDP/me Attachment 1 RESOLUTION NO. - 1996 A RESOLUTION ADOPTING A BUDGET FOR THE FISCAL YEAR 1997 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, the City Manager has prepared such document and the City Council has met several times for the puipose of discussing the budget; and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City sha11 hold a public hearing to adopt a budget; and WHEREAS, the City Council has held a public hearing and has concluded the budget as prepared is appropriate; NOW Tf�REFORE, BE IT RESOLVED that the following budget be adopted and approved: GENERAL FUND axes an pecial Assessments: Current Ad Valorem Delinquent, Penalties, Forfeited Special Assessments Licenses and Permits: Licenses Permits Intergovernmental: Federal State - Homestead and Agricul#ure Credit Aid Local Government Aid l.ocal Performance Aid All Other Charges for Services HRA Water Fund Sewer Fund Storm Water Fund Liquor Fund Cable N Fund Constwction Funds Fines and Forfeits Interest on Investments Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets Closed Debt Service Fund Liquor Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve TOTAL GENERAL FUND ESTIMATED REVENUE $3,688,736 119,613 1,890 150,012 387,790 4,847 1, 039, 739 1,643,908 31,801 482,873 291,796 244, 737 153,032 147,449 81,962 58, 556 7Z,303 63,027 188,460 350,Q00 149,292 15, 977 145,821 75, D00 9,538,621 491,084 510,029,705 Legislative: City Council Planning Commissions Other Commissions City Management: General Management Person�el Legal Finance: Elections Accounting Assessing MIS City CIerWRecords Police: Police Civil Defense Fire: Fire Rental Housing Inspections Public Works: Municipal Center Engineering Lighting Park Maintenance Street Maintenance Recreation: Recreation Naturalist Community Develo�ment: Building tnspection Planning Reserve: Emerg ency Nondepartmental: 21.02 APPROPRIATIONS $94, 091 2,032 12, 289 284,604 93, 596 245,000 0 566,263 119,575 170, 346 109, 517 3,195,146 9, 850 741, 937 96, 089 195,265 450,271 192,700 690, 738 1,182,067 602,638 219,509 217, 534 369,021 100, 000 69,627 510,029,705 SPECIAL REVENUE FUNDS Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Housing Revitalization Fund Fund Balance TOTAL SPECIAL REVENUE FUNDS $114,750 205,946 240,125 250,000 78,376 5889,197 CAPlTAL PROJECTS FUNDS Capital Improvemerrt Pund Taxes - Cunent Ad Valorem �85,550 General Capital Improvement Interest on Investments 265,925 Streets Capitai Improvement Donations 10,000 Partcs Capitaf improvement State Aid Construction 5pp,ppp Closed Debt Service Fund 1,58g,464 Fund Balance 7��5 TOTAL CAPITAL PROJECTS FUNDS s2,457,604 AGENCY FUND Six Cities Watershed Fund Taxes - Cu�rent Ad Valorem TOTAL AGENCY FUND $3,911 53,911 $140,486 205,946 292,765 250,000 5889,197 $1,685,464 492,540 279,600 52,457,604 $3,911 53,911 TOTAL S13,380,417 �13,380,417 PASSED AND ADOPTED BY TI� CITY COUNCIL OF TF� CITY OF FRIDLEY THIS DAY OF DECEMBER, 1996 ATTEST: WILLIAM A. CHAMPA - CITY CLERK WILLIAM J. NEE - MAYOR 21.03 MEMORANDUM � < FINANCE DEPARTMENT CITY OF' FRIDLEY `�.�r TO: FROM: SUBJEC"T: DATE: WILLTAM W. BURNS, CTl'Y MANAGER �� RICHARD D. PRIBYL, FINANCE DIRECTOR PAUL S. HANSEN, STAFF ACCOUNTANT RICHARD `D. PRIBYL ` FINANCE DIRECTdR RESOLUTION TO LEVY TAXES WHICH APPEAR TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REQUIREMENTS FOR 1997 TO ANOKA COUNTY November 19,1996 The attached resolution grants City Council the authority to levy a tax which appears to be in excess of 16 milis. As stated in Section 7.Q2 of the City Charter, pursuant to three weeks published notice and a public hearing the Council may adopt a resolution showing the necessity for such taaces: The attached resolution also provides for the certification of the 1997 tax levy to Anoka Counry for collection. RDP/ph Attachments 22.01 RESOLUTION NO. -1996 A RESOLUTION DECLARING THE iVECESSITY TO LEVY A TAX WffiCH ApPEARS TO BE IN EXCESS OF 16 MII,I,S AND CERT.Q� yI1�JG TAX LEVY REQUIREIVIENT� FOR 1997 TO THE COUNTY OF ANpKA FOR COLLECTION WF-�REAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of 1Vfinnesota; and WHEREAS, said Section 7.02 of the City Charter provides that if the taxes levied against property within the City exceeds 16 mills on each dollar of assessed valuatioq that the Council shall adopt a resolution showing the necessity for such tax; and WHEREAS, the State of M'innesota has changed the method of computing taxes from "mill levy" to ��tax capacity� ; and WHEREAS, the State of M'innesota transfen-ed state aid dollars from the city to the school districts to reduce school district taxes; and WHEREAS, in addition, the State of Mmnesota reduced the amount of state aid dollars it had previously distributed to cities; and 'WHEREAS, the City ofFridley needs to levy taxes which appear to be in excess of 16 mills because of the reduction of local government aids by the State of l�nnesota. NOW THEREFpRE BE IT RESOLVED that the City Council of the City of Fridley pursuant to three (3) weeks published norice and public hearing on the 4th day of December, 1996, shall have the authority to levy a tax which may be in excess of 16 mills; and BE IT FLJKT�-�R RESOLVED that the City of Fridley certify to the County of Anoka, State of Mmnesota, the following tax levy to be levied in 199b for the year 1997. 22.�2 � Page 2 - Resolution -1996 GENERAL FUND General Fund CAPTTAL PROJECT FUND Capital Improvement Fund - Parks Division AGENCY FUND Six Cities Watershed Managemern prganization STONEYBROOK CREEK SUBWATERSHED TOTAL AT i, F[JiVDs $3,806,948 72,689 3,075 8.900 $3,891,612 PASSED AND ADOPTED BY TI� CTi'Y COUNCII, OF TI-� CTTY OF FRIDLEY THIS TH DAY OF DECEMBER, 1996 — ATTEST: WB.LIAM A CHAMPA - CITY CLERK 22.03 WII..LIAM J. NEE - MAYOR TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIREGTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: 1997 SCHOOL REFERENDUM LEVY RETURN AGREEMENTS DATE: DECEMBER 13,1996 Attached are the 9 997 School District Referendum Levy Retum Agreements to be placed on the City's agenda for Monday, December 16th. These annuai agreements have been approved by the HRA Commission and they have agreed to retum the fuli amount of the tax increment for payable 1997. After approval and the appropriate signatures have been obtained on all documents, please retum them to me so I can forward to the School Districts to obtain their signatures. The estimated total levy retum for 1997 before delinquents is $315,827. This is $4,887 more than the estimated amount for 1995. There is an overaN market value increase which increases the amount retumed. In 9996, T1F District #8 terminated which impacts School District # 14. The table below breaks the referendum levy retum down by schoo( district : School Estimated Esfimated Percent District 1996 1997 Change 11 $16,416 $17,930 9.2% 13 $2,648 $3,878 46.4% 14 $232,531 $227,121 -2.3°k 16 $59,345 $66,898 12.7°� Total: $310.940 $315•827 1� ATTACHMENTS File :1EXDATAUiRA\71F1SCH97ESTAetter-City 23.01 AGREEMENT This Agreement is dated as of January 2, 1997, is by and between the City of Fridley, Minnesota, and Independent School District No. li, and provides as follows: l. Definitions. As used in this: Agreement, the following terms have the following meanings; respectively; "Citv�� means the City of 'Fridley, Minnesota. "HRA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Project" means Redevel.opment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 through 469.047. "1985 Revenue Bonds" means the HRA�s $4,070,000 Tax Tncrement Revenue Bonds of 1985, dated May 1, 1985. "1990 G.O. Bonds" means the City's �9,485,000 General Obligation Tax Increment Refunding=Bonds of 1990, dated March i, 1990. "1995 G.O. Bonds" means the City's $4,090,000 General Obligation Temporary Tax Increment Bonds, Series 1995A, dated November 1, 1995. "Tax Increment Obliqations" means the 1985 Revenue Bonds, the 1990 G.O. Bonds, the 1995 G.O. Bonds, and any other contractual obligations of the.HRA or the City which were entered into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Dist�icts" [neans Tax Increment Financing;,District Nos. 1 through 14 within the Project: The attached Exhibit A contains certificaCion dates and other information on the TIF Districts. 337i45.2 23■OZ "School District" means Independent School District No_ 11, the Anoka School District. "Subdivision" means Minnesota Statutes Section 469.177, Subdivision 10 (a copy of which is attached hereto as Exhibit B). 2. Recitals. (a) In certain cases, the Subdivision either requires or allows by agreement �certain tax increments attributable to school district referendum tax levies to be paid to school distri.cts . (b) A portion of TIF District No_ 3 is located within the boundaries of the School District. (c) None of the property within TIF District Nos. l, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 an.d 14 is iocated within the boundaries of the School District. (d) It is the purpose of this Agreement to provide for payment of certain tax increments to the Schooi District pursuant to and in accordance with the provision of tY�e Subdivision. (e) Nothing in this Agreement is intended to violate the covenants and agreements heretofore made respecting the application of tax increments from the TIF Districts pursuant to the Tax Increment Obligations. 3. Rebresentations of the City. {a) The Tax Increment Obligations were issued to finance various activities of the HRA within the Project. {b) The i985 Revenue Bonds are not general obligations of the City or the HR.A. Tax increments from TIF District Nos. 1 ,thraugh 5 are pledged to the payment of the 1985 Revenue Bonds, and there are no o�her sources oF funds pledged to the payment thereof. 'The final- scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. 337145_2 2�03 (c) The 1990 G.O. Bonds are payable from tax increments derived £rom TIF District Nos. l. 2, 3, and 6, and the final scheduled principal maturity of those Bonds is August l, 2009. (d) The 1995 G.O. Bonds are payable, to the extent permitted by applicable law, from tax increments derived from TIF District Nos. 1 through 13, and the final scheduled maturity of those Bonds is November 1, 1998.-, (e) Portions of the principal of the 1985 Revenue Bonds, the 1990 G.O. Bonds, and the 1995 G.O. Bonds were outstanding on May 1, 1988, and/or are outstanding on the date of this Agreement. 4. Representations of the School District. (a) On October 5, 1982, the electorate of the School District approved a continuous 6.0 mill levy first effective for the 1982 payable 1983 property taxes. This levy is hereinafter referred to as the °3982 Levy". (b) On October 6, 1987, the electorate of the School Dist�ict approved a 6.0 mill continuous levy first eftective for the 3987 payable 1988 property taxes. This levy is hereinafter referred to as the ��1987 Levyn. (c) According to the Minnesota Department of Education, for purposes of the above-mentioned referendum levies the tax capacity rate equivalent of 6 mills is .0b999697. 5. Pavment of Tax Increments to School District. The City and the School D�strict hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, with respect to the tax increments relating to the 1996 payable 199? property taxes, as follows: TIF District No. 3. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 3 which is attributable to the 1982 Levy and the 1987 Levy shall be paid to the�Schooi District. 337145.2 2�.04 6. Further Agreements_ Nothing in this Agreement is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HR.A in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of this Agreement would give rise to a violation of said obligations and covenants, including without limitation, the default in the timely and full payment of the Tax Increment Obligations, the applicable tax increments_shall be applied instead in the manner, but only to the extent necessary, to avoid such default or other violation of, said covenants or obligations. Nothing in this Agreement shall restrict the City or the HRA in the exercise of the powers which they may have relating to the Project or the TIF Districts_ In addition, the City and the School District agree that the provisions of paragraph 5 providing for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1996 payable 1997 real estate property taxes, and at the conclusion of said period, the City and the School District agree to review the circumstances and to attempt to negotiate in good faith such further agreement or agreements as may be permitted by law and which are acceptable to both the City and School District with respect to discretionary payments of such applicable tax increment to the School District. IN WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNESOTA Mayor ty Manager INDEPENDENT SCHOOL DISTRICT NO. 11 School Board Chair Superintendent 337145.2 2�05 EXHIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redeve3opment Project No. 1 of the Fridley HRA TIF District 1 2 3 4 5 6 7 8 9 10 11 12 13 14 337145.2 Name Center City Moore Lake North Area Johnson Printing/ Skywood Mall Paschke Lake Pointe Winf ield Shorewood Onan/Old Central Northco Phase III Osborne Crossings McGlynn Bakeries Satel.lite Lane Apts. Industrial Equities . Certification � Date - 5/11/79 7/31/81 5/19/82 1/ao/s4 3/15/84 12/24/85 10/22/86 10/24/86 9j7/89 4/10/90 1/31/92 3/S/92 6/20/95 5/30/96 23.06 Independent School District No. 14 13/14 11/16 13/14 � 13 16 14 16 16 16 14/16 14 16 Exhibit B Subd. 10. Pa�•ment to school for refcrendum le��'. (a) The pro�'isions of this subdi�'i- sion appl}- to tax increment financing districts and projects for �t•hich cenification �ti�as requested before \fa�• l. 1935. that are located in a school district in �t�hich the �-oters ha�e appro�•ed ne��• local tax rates or an i�crease in local tax ra:es aftzr the tax incre- ment financin� district �i��s ctfiifi.d. (b){ I)!f ihere are no ouu�znding bonds on �ia.- 1, 1933, to ��hich increment from the district is pledeed, or if the referendum is appro�-ed after �tay 1, ] 953, and there are no bonds outst2nding at the time the referendum is 2ppro�-ed, that ��•ere issued before l�4ay I, 1953, the authoritr must annually pay to the school district an amount of increment equal to the increment that is attributable to the increase in the local tax raie under the referendum. • (2) Ifclause (1) does not apply, upon appro��ai.by a majori:�• ��ote of the eo��erning bod�• of the municipality 2nd the school board, the authontv must pay to the school district 2n amount oC increment equal to the increment that is attribut2ble to the increase in the iocal ta� r�te under the referendum. (c) The amo�nts of ihese increments may be expended a�d must be treated by the school district in the same mz�ner as p;o��ided tor the re��enues �eri�-ed from the refer- endum le��- �ppro�-ed b�• t�e �-oters. The pro�•;sions of this subdi�-isio� apply to projects for �-hich cenifica�ion ��zs reouested before, on, and atter �ugust 1, 1.979. 23.07 C AGREEMENT This Agreement is dated as of January 2, 1997, is by and between the Cit� of Fridiey, Minnesota, and Independent School District No. 13, and provides as follows: 337153.2 1. Definitions. As used in this, Agreement, the following terms have the following meanings,� respectively: "Citv" means the City of �Fridley, Minnesota. "HRA" means the Housing and Redevelopment Authority in and �or the City of Fridley, Minnesota. "Proj ect" means Redevelopment Project No. 1 established and operaCed by the HRA pursuant to Minnesota Statutes�, Sections 469.001 through 469.047_ "1985 Revenue Bonds" means the HRA�s �4,070,000 Tax Increment Revenue Bonds of 1985, dated May 1, 1985. "1990 G.O. Bonds" means the City�s $9,485,000 General Obligation Tax Increment Refunding Bonds of 1990, dated March 1, 1990. ��1995 G.O. Bonds° means the City�s $4,090,000 General Obligation Temporary Tax Increment Bonds, Series 1995A, dated November 1, 1995. "Tax Increment Obligations" means the 1985 Revenue Bonds, the 1990 G.O. Bonds, the 1995 G.O. Bonds, and any other contractual obligations of the HRA or the City which were entered �into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes,- projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 459.174 through 469.179. "TIF Districts" means Tax Increment Financing District Nos. 1 through 14 within 23.08 the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent School District No. 13, the Columbia Heights School District. "�division" means Minnesota Statutes Section 469.177,. Subdivision 10 (a copy of which is attached hereto as Bxliibit.B). 2. Recitals. (a) In cer�ain cases, the Subdivision either requires or allows by agreement certain tax increments attributable �o school district referendum tax levies to be paid to school districts. (b) TIF District No. 6 is �located entirely within the boundaries of the School District, and a portion of TIF District Nos . 2 and 4 are located within the boundaries of the School District. (c) None of the property within TIF District Nos_ 1, 3, 5, 7, 8, 9, 10, 11, 12, 13 and 14 is located within the boundaries of the School District. (d) It is the purpose of this Agreement to provide for payment of certain tax increments to the School District pursuant to and iri accordance with the provision of the Subdivision. (e) Nothing in this Agreement is intended to violate the covenants and agreements heretofore made respecting the application of tax increments from the TIF Districts pursuant to the Tax Increment Obligations. 3. Representations of the City. (a) The Tax Increment Obligations were issued to finance various activities of the HR.A within the Proj ect . 337753.2 �a 23.09 337153.2 (b) The 1985 Revenue Bonds are not general obligations of the City or the HRA_ Tax increments from TIF District Nos. 1 through 5 are pledged to the payment of the 1985 Revenue Bonds, and there are no other sources of funds pledged to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. {c) The 1990 G.O. Bonds are pay�ble from tax increments derived from TIF District Nos. l, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is August 1, 2009. (d) The 1995 G.O. Bonds are payable, to the extent permitted by app7icable law, from tax increments derived from TIF District Nos. 1 through 13, and the final scheduled maturity of those Bonds is November.l, 1998. � (e� Portions of the principal of the 1985 Revenue Bonds, the 1990 G.O. Bonds, and the 1995 G.O. Bonds were outstanding on May 1, 1988, and/or are outstanding on the date of this Agreement. 4. Rearesentations of the School District. (a) On October 5, 1981, the electorate of the School District approved a 5.0 mill continuous ievy first effective for the 1981 ' payable 1982 property taxes. This levy is hereinafter referred to as the "1981 Levy". (b) On September 23, 1986, the electorate of the School District approved a 7.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred tio as the °1986 Levy". (c) According to the Minnesota Depart- ment of Education, for purposes of the above- mentioned referendum levies the tax capacity rate equivalents of 5 mills and 7 mills are .O&162496 and .07875910, respectively. 3 23.10 337153.2 � (dj On November 6, 1990, the electorate of the School District approved a.08 tax capacity rate levy authorized for 7 years and first effective for the 1990 payable 1991 property taxes. This levy is hereinafter referred to as the °1990 Levy". 5. Pavment of Tax Increments to School District. The City and the School District hereby agree, tha�, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, with respect to the tax increments relating to the 1996 payable 1997 property taxes, as follows: (a) TIF District No 6. Since the 1981 Levy was approved before the date of certification of TIF District No. 6, the Subdivision does not apply to that Levy with respect to this District, and no tax increments attributable to said Levy from this District are payable �o the School District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 6 which is attributable to the 1986 Levy and the Z990 Levy shall be paid to the School District. (b) TIF District No 4. Since the 1981 Levy was approved prior to the date of certification of TIF District No. 4, the Subdivision does not apply to that Levy with respect to this District. Pursuant to c�ause b(2) of the Subdivision, the tax increment from TIF District No_ 4 which is attributable to the 1986 Levy and the 1990 Levy shall be paid to the School District. (c) TIF District No. 2. Pursuant to clause b(2) of the Subdivzsion, the tax increment from TIF District No. 2 which is attributable to the 1981 Levy, the 198b Levy, and the I990 Levy shall be paid to the School District_ 4 23.11 6. Further Agreements. Plothing in this Agreement is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of;this Agreement would give rise to a violation of said obligations and covenants, including without limitation, the default in the timely and full payment of the T� Increment Obligations, the applicable tax increments shall be applied instead in the manner, but only to the extent necessary, to avoid such default or other violation of said covenants or obligations. Nothing in this Agreement'shall restrict the City or the HRA in the exercise of the powers which they may have relating to the Project or the TIF Districts. In addition, the Cit� and the School District agree that the provisions of paragraph 5 providing for payment of tax increment to the School District shall be limited to and shall apply onl� to such tax increment attributable to the 1996 payable 1997 real estate property taxes, and at the conclusion of said period, the City and the School District agree to review the circumstarices and to attempt to negotiate in good faith such further agreement or agreements as may be permitted by law and which are acceptable to both the City and School District with respect to discretionary payments of such applicable tax increment to the School District. IN WITNESS WHEREOF, the City and the School DistriCt have caused this Agreement to be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNESOTA Mayor City Manager IIdDEPENDENT SCHOOL DISTRICT NO. 13 School Board Chair Superintendent 337153.2 5 23.12 EXHIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. 1 of the Fridley HR.A TIF District 1 2 3 4 S 6 7 8 9 10 11 12 13 14 337153.2 Name Center City Moore Lake North Area Johnson Printing/ Skywood Mall Paschke Lake Pointe Winf ield Shorewood Onan/Old Central Northco Phase III Osborne Crossings McGlynn Bakeries Sateilite Lane Apts. Industrial Equities 0 Certification Date 5/11/79 7/3i/81 5/19/82 23.13 1/20/84 3/15/84 12/24/85 10/22/86 10/24/86 9/7/89 4/10/90 1/31/92 3/5/92 6/20/95 5/30/96 independent School District No. 14 13/14 11/16 13/14 16 13 16 14 16 16 1b 14/16 14 16 � J Subd_ 10. Pa�-ment to school for referendum le��-. (a) The pro�-isions of this subdi�•i- sion applc to tax inerement financing districts and projects for ��-hich certification �Las requested befor: `tay 1, 193S, that are locatcd in a schoo} distric� in u•hich th� �-oters ha�-e appro��ed ne�� local ca.� rates or a� i�creasz in local tax rates aftzr the tax incre- ment financing district ..�as cenified. (bxl) If there are no outstan�i�g bonds on �fa�� 1, 1953, to ti•hich increment from the district is pledeed, or if the referendum is appro�-ed zfter,U2y I, 19£S, and there are no bonds outst2nding at the time the referendum is appro�-ed, that ��•ere issued before May 1, 19SS, the authority must annu211y pa}• to the school district an amount of increment equzl to the increment that is attributab3e to the increase in the local tax rate under the referendum. ' (�) Ifclause (1) does not apply, upon appro��al b}• a majoritti• �-o:e ofthe eo��erning body of the municip2lity and the school board, the authority must pa}• to the school district an amount of increment equa] to the increment that is 2ttribut2ble to the increase in the local tax rate under the reterendum. (c) The Zmounts of these increments ma}• be expzaded a� d musi be treated by the school district in the same manner as p;o�°ided for the re��enues �eri��ed f;om the refer- endum Ie�y appro��ed b�° the �-oters. The pro�-;sions of this subdiv;sio� app3}� to projects for ��hich ceni5cation �-as requested before, on, and after :�ugust 1, 1979. 23.14 AGREEMENT This Agreement is dated as of January 2, 1997, is by and between the City of Fridley, Minnesota, and Independent Schooi District No. 14, and provides as follows: 337157.2 following erms have the following m an ngs,� res e ct vel the P y. "Citv" means the City of �Fridley, Minnesota. "HRA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Proj ect �� means Housing and Redevelopment Project No. � established and operated by the HR.A pursuant to Minnesota Statutes, Sections 469.001 through 469.047. "1985 Revenue Bonds" means the HRA�s $4,070,000 Tax Increment Revenue Bonds of 1985, dated May 1, 1985. "1990 G.O. Bonds" means the City�s $9,485,000 General Obligation Tax Increment Refunding Bonds of Z990, dated March 1, i990. "1995 G_O. Bonds" means the City's $4,090,000 General Obligation Temporary Tax Increment Bonds, Series 1995A, dated November 1, 1995. "Tax Increment Obligations" means the 1985 Revenue Bonds, the 1990 G.O. Bonds,-the i995 G.O. Bonds, and any other contractual obligations of the_HRA or the City which were entered into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179_ "TIF Districts" means Tax Increment Financing District Nos. 1 through 14 within , 23.15 the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School DisCrict" means Independent Schooi District No. 14, the Fridley School District. "Subdivision�� means Minnesota Statutes Section 469.177,. Subdivision 10 {a copy of which is attached hereto as Exhibit-B). 2. Recitals. (a) In certain cases, the Subdivision either requires or allows by agreement certain tax increments attributable to school district referendum tax levies to be paid to school districts. {b) TIF District Nos. l, 8 and 13 are located entirely within the boundaries of the School District, and a portion of TIF District Nos. 2, 4, and 12 are located within the boundaries of the School District. tc) None of District Nos. 3, 5, located within the District. the property withi.n TIF 6, 7, 9, 10, 11 and 14 is boundaries of the School (d) It is the purpose of this Agreement to provide for payment of certain tax increments to the School District pursuant to and in accordance with the provision of the Subdivision. (e) Nothing in this. Agreement is intended to .violate the covenants and agreemen�s heretofore made respecting the application of tax increments from the TIF Districts pursuant to the Tax Increment Obligations. ' 3. Regresentations of the City_ (a) The Tax Increment Obligations were issued to finance various activities of the HR.A wi thin the Proj ect . 337157.2 2 23.16 337157.2 {b) Tt1e 1985 Revenue Bonds are not general obligations of the City or the HRA. Tax increments from TIF District Nos. 1 through 5 are pledged to the payment of the 1985 Revenue Bonds, and �here are no other sources of funds pledged to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. (c) The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. l, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is August 1, 2009. (d) The 1995 G.O. Bonds are payable, to the extent permitted by applicable law, from tax increments derived from TIF District Nos. 1 through 13, and the final scheduled maturity of those Bonds is November 1, 1998. {e) Portions of the principal of the 1985 Revenue Bonds, the 1990 G.O. Bonds, and the 1995 G.O. Bonds were ouLstanding on May 1, 1988, and/or are outstanding on the date of this Agreement. 4. Re resentations of the School District. (a) On September 23, 1986, the electorate of the School District approved a 2.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy�� . (b) On September 29, 1987, the elec- torate of the School District approved (i) a 7_0 mill continuous levy first effective for the 1987 payable 1988 property taxes and (ii) a continuous additional 6.S mill levy first effective for the 1988 payable 1989 property taxes. These levies are hereinafter collectively referred to as the "1987 Levies". 3 23.17 337157.2 (c) According to the Minnesota Department of Education, for purposes of the above-mentioned referendum levies the tax capacity rate equivalents of 2 miils and 13.5 mills are .02261395 and .15264411, respectively. (d) On November 3, 1992, the electorate of the School District approved a levy increase of $203.51 per actual pupil unit, effective for the five years ending_with the taxes payable in 1997, unless earlier�reduced or revoked; however, since the proceeds of this levy are paid directly to the School District by the applicable County taxing authorities, it is not necessary or appropriate to include said levy or its proceeds under this Agreement. 5. Payment of Tax Increments to School District_ The City and,the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, with respect to the tax increments relating to the 1996 payable 1997 property taxes, as follows: (a) TIF District Nos. 12 and 13. Since TIF District Nos. 12 and 13 were requested for certification after May 1, 1988, the Subdivision does not apply to those Districts, and no t� increments from those Districts attributable to the 1986 Levy or the 1987 Levies are payable to the School District. (b) TIF District No. 8. Since the 1987 Levies were approved after the date of certification of TIF District No. 8, and since on May l, 1988, there were no bonds outstanding to which increment f�'om TIF District No. 8 was pledged, the tax increments from TIF District No. 8 which are attributable to the 1987 Levies are automatically payable and shall be paid to the School District pursuant to clause b(1) of the Subdivision. Since the 1986 Levy was approved prior to the date of certification of TIF District No. 8, the Subdivision does not apply to that Levy with respect to this District, and no tax 4 23.18 337157.2 increments attributable to said Levy from this District are payable to the School District. (c) TIF District No. 4. Pursuant to clause b(2) of the Subdivision, the t� increment from TIF District No. 4 which is attributable to the 1986 Levy and the 1987 Levies shall be paid to the School District. (d) TIF District No. 2. Pursuant to clause b(2) of the Subdivision,..the tax increment from TIF District No. 2 which is attributable to the 1986 Levy and the 1987 Levies shall be paid to the School District. (e) TIF District No. 1, Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 1 which is attributable �o the 1986 Levy and the 1987 Levies�shall be paid to the School District. 6. Further Agreements. Nothing in this Agreement is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of this Agreement would give rise to a violation of said obligations and covenants, including without limitation, the default in the timely and full payment of the Tax Increment Obligations, �he applicable tax increments shall be applied instead in the manner, but only to the extent necessary, to avoid such default or other violation of said covenants or obligations. Nothing in-t�is Agreement shall restrict the City or the HRA in the exercise of the powers which they may have relating to the Project or the TIF Districts. In addition, the City and the School District agree that, except in each case described in paragraph 5 of this Agreement where payment of tax increment to the School District is mandatory pursuant to clause b(1) of the Subdivision, all other provisions of said paragraph 5 providing for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1996 payable 1997 real estate property taxes, and at the conclusion of said period, the City and the School District agree to review the circumstances and to attempt to negotiate in good faith such further agreement or agreements as may be permitied by law and which are acceptable �o both the City and School District with respect to discretionary payments of such applicable tax increment to the School District. S 23.�9 IN WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNLSOTA Mayor City Manager INDEPFNDENT SCHOOL DISTRICT NO. 14 School Board Chair Superintendent 337157.2 s 23.20 EXHIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. 1 of the Fridley HRA TIF District 1 2 3 4 5 6 7 8 9 10 11 12 13 14 337157.2 Name Center City Moore Lake North Area Johnson Printing/ Skywood Mall � Paschke � Lake Pointe Winf ield Shorewood Onan/Old Central. Northco.Phase III Osborne Crossings McGlynn Bakeries Satellite Lane Apts. Industrial Squities 7 Certification � Date :. 5/li/�9 7/31/81 5/19/82 23.21 i/2o/s4 3/15/84 12/24/85 10/22/86 1Q/24/86 9 f 7/89 4/10/90 1/31/92 3/S/92 6/20/95 5/30/96 Inde�e�dent School District No . 14 13/14 11/16 13/14 16 13 16 14 16 16 16 14/16 14 16 �chibit B Subd. 10_ Pa}-ment to school for referendum leti�-. (a) The pro�-isions of this subdii•i- sion appiy to tax increment financing districts and projeais for ��•hich certification was requested betore ,�fav ], 1985, that are lucated in a schoof disirict in u-hich the vo�ers have approti-ed ne.�� local tax rates or an increase in local tax rates after the tax incre- ment financing district .�•as cenified. (b)(1) tf there are no outstanding bonds on �fa� 1. 19SS_ to :� hich increment from the district is pledeed, or if the referendum is appro�-ed after Atay 1, 1988, and there are no bonds outctanding at the time the referendum is appro��ed, that ��-ere issued before I�4ay l, ] 988, the authority must annually pay to the school district an amount of increment equal to the increment thai is attributable �o the increase in the local tax rate under the referendum. (2) If clause (1) does not app]y, upon appro�•al by a majorit�� •ote of the eo��erning body of the municipa);ty and the school board, the authority must pay to ihe school district an amount of incremeni equal to the increment that is zttributable to the increase in the local tax rate under the referendum. (c) The amounts of these increments may be ex�ended aad must be treated by the school district in the same manner as pro�•ided for the re�•ennes deri�•ed from the refer- endum le»• appro��ed b�� the voters. The pro�•;sions of this subdi��ision apply io projects for ��hich cenification ti��as requested before, on, and after August 1, 1979. 23.22 � c AGREEMENT This Agreement is dated as of January 2, 1997, is by and between the City of Fridley, Minnesota, and Independent School District No. 16, and provides as follows: 337158.2 3. Definitions. As used in this Agreement, the foliowing terms have the fol�owing meanings, respectively: "Citv" means the City of �Fridley, Minnesota. "HRA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Project" means Redevelopment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469:001 through 469.047. "I985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment Revenue Bonds of 1985, dated May l, 1985. "1990 G.O. Bonds" means �he City's $9,485,000 General Obligation Tax Increment Refunding Bonds of 1990, dated March 3, 1990. "1995 G.O. Bonds" means the City's $4,090,000 General Obligation Temporary Tax Increment Bonds, Series 1995A, dated November 1, 1995. "Tax Increment Obligations" means the 1985 Revenue Bonds, the 1990 G.O. Bonds, the 1995 G.O. Bonds, and any other contractual ob3igations of the HRA or the City which were entered into prior �o the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districts" means Tax Incremexit Financing District i�1os. 1 through 14 within 23.23 337158_2 the Project. The attached Exhibit A c�ntains certification dates and other information on the TIF Districts. "School District" means Independent School District No. 16, the Spring Lake Park School District. "Subdivision" means Minnesota Statutes Section 469.177, Subdivision 10 (a copy of which is attached hereto as Exhibit B). 2. Recitals. {a) In certain cases, the Subdivision either requires or allows by agreement certain tax increments attributable to school district referendum tax levies to be paid to school districts. (b) TIF District Nos. 5, 7, 9,.10, 11, and 14 are �located entirely within the boundaries of the School District, and a portion of TIF District Nos. 3 and 12 is located within the boundaries of the School District. (c) None of the property within TIF District Nos. 1, 2, 4, b, 8 and 13 is iocated within the boundaries of the School District. {d) It is the purpose of this Agreement to provide for payment of certain tax increments to the School District pursuant �o and in accordance with the provision of the Subdivision_ te) Nothing in this Agreement is intended to vioiate the covenants and agreements heretofore made_ respecting the application of tax increments from the TIF Districts pursuant to the Tax Increment Obligations. 3. Representations of the Cit�r. (a) The Tax Increment Obiigations were issued to finance various activities of the HRA within the Project_ 2 23.24 (b) The 1985 Revenue Bonds are not general obligations of the City or the HRA. Tax increments from TIF District Nos. 1 through 5 are pledged to the payment of the 1985 Revenue Bonds, and there are no other sources of funds pledged to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. (c) The 1990 G.O. Bonds are payable from tax increments dexived from TIF District Nos. l, 2, 3, and 6,�-and the final scheduled principal maturity of those Bonds is August l, 2009. (d) The 1995 G.O. Bonds are payable, to the extent permitted by applicable law, from tax increments derived from TIF District Nos. 1 through 13, and the final scheduled maturity of those Bonds is�November l, 1998_ {e) Portions of the principal of the 1985 Revenue Bonds, the 1990 G.O. Bonds, and the 1995 G.O. Bonds were outstanding on May l, 1988, and/or are outstanding on the date of this Agreement. 4. Renresentations of the School District. (a) On October 8, 1981, the electorate of the School District approved a S.0 mill _ continuous levy first effective for the 1981 payable 1982 property taxes. This levy is hereinafter referred to as the "1981 Levy"_ {b) On February 27, 1986, the electorate of the School District approved a&.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy". (c) According to the Minnesota Department of Education, for purposes of the above-mentioned referendum levies the tax capacity rate equivalents of 5 mills and 6 mills are .05226653 and .06271984, respectively. 337158.2 3 23.25 337158.2 5• Pavment of Tax Increments r� School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by:;`the HRA as and to the extent received by the HRA, with respect`;to the tax increments relating to the 1996 payable 1997 property taxes, as follows: ��; (a) TIF District Nos. 9 10 11 12 and 14. Since TIF District Nos. 9, 10, 11, 12, and 14 were requested for cert�fication after May l, 1988, the Subdivision does not apply to those Districts, and no tax increments attributable to the 1981 Levy or the 1986 Levy f rom those Districts are payable to the School District. (b) TIF District No. 7. Since the 1981 Levy and the 1986 Levy were approved prior to the date of-certification of TIF District No. 7; the Subdivisi�on does not apply to those � Levies with respect to this District, and no tax increments attributable to said Levies from this District are payable to the School District. (c) TIF District No. 5. Since the 1981 Levy was approved prior to the date of cert- ification of TIF District No. 5, the Subdi- vision does not appiy to the 1981 Levy, and no tax increments attributable to said Levy from this District are payable to the School District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 5 which is attributable to the 1986 Levy shail be paid to the School District. (d) TIF District No 3. Since the 1981 Levy was approved prior to the date of certification of TIF District No. 3, the Subdivision does not apply to the 1981 Levy, and no t� increments attributable to said Levy �from this District are payable to the School District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 3 which is attributable to the 1986 Levy shall be paid to the School District_ � � 23.26 6. Furthei A reements. Nothing in this Agreement is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HR.A in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of.this Agreement would give rise to a violation of said obligations and covenants, including without Iimitation, the default in the timely and full payment of the Tax Increment Obligations, the applicable tax increments shall be applied instead in the manner, but only to the extent necessary, to avoid such default or other violation of said covenants or obligations. Nothing in this Agreement shall restrict the City or the HI2A in the exercise of the powers which they may have relating to the Project or the TIF Districts. In addition, the Czty and the School District agree that the provisions of paragraph 5 providing for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1996 payable 1997 real estate property ta}ces, and at the conclusion of said period, the City and the School District agree to review the circumstarices and to attempt to negotiate in good faith such further agreement or agreements as may be permitted by law and which are acceptable to both the City and School District with respect to discretionary payments of such applicable iax increment to the School District. IN WITNESS WHEREOF, the City and the School District have caused �his Agreement to be executed by their. duly authorized representatives. 337158.2 CITY OF FRIDLPsY, MINNESOTA Mayor City Manager INDEPENDFsNT SCHOOL DISTRICT NO. 16 School Board Chair Superintendent 5 23.27 EXHIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. l of the Fridley HRA TIF District 1 2 3 4 5 6 7 . 10 Name Center City Moore Lake North Area Johnson Printing/ Skywood Mall Paschke Lake Pointe Winfield Shorewood Onan/Old Central Northco Phase III 11 Osborne Crossings 12 McGlynn Bakeries 13 Satellite Lane Apts. i4 Industrial Equities u 337158,2 23.28 Certification Date S/11/79 7/31/81 5/19/82 i/2o/s4 3/15/84 12/24/85 10/22/86 10/24/86 9f7/89 4/10/90 1/31/92 3/S/92 6/20/95 5/30/95 Independent School District No. 14 13/14 11/1& 13/�4 16 13 16 14 1b 16 16 14/16 14 16 :� Exhibit B Subd. ! 0_ Pay-meni to school for referendvm le�}�. (a) The pro�'isions of this subdi�'i- sion appl�� to tax increment financing districis and projects Cor.��hich cer[ification w'as requesced befor� �fa�• l. 1933. that are locaczd in a school district i� .thich th: ��oters ha��e appro�-ed nek• local ta� rat�s or an incr�ase in local tax rates af�zr the tax incre- men[ finar.cing �istrict .t�as certified. (b)(1) If tRere are no outstanc�in� bonds or. �ta�- !, ! 983, io ti, h�ch increme�[ from the district is pledeed, or if the refere�dum is appro�-ed after ,\fay l, 1983, and there are no bonds outstanding at the time the referendum is appro�'ed, that ��•ere issued before T4a�• 1, 19E3, the authority must annu211y pay to the school district an amount of inerement equal to the inerement that is attributable to the increzse i� the local tax rate under the referendum. • (2) lf clause {1) does not 2ppl�, upon appro�-al by a majorit}• ��o;e of thc eo��erning• body of the municipzlity and the scnool bozrd, the authorit�� must pay 10 the school district zn amount of increment eoual to the iricrement that is a�tributable to the incre2se in the ]ocal iax rate under the referendum. (c) The zmo�n�s of these intrernenu may bz expended znd must be treated by the school district in the same manner as pro�-ided for the re�-enues c�eri�-ed from t;e refer- endum le�� appro�-ed b} the �-oters. The pro��;sions ofthis subdi��isio� apply to projects for v.�hich cenification ti•as requested before, on, and aftzr August I, 19+9. 23.29 City of Friclley TO: William W. Burns, City Manager��a PW96-290 FROM: / John G. Flora, Public Works Director DATE: December 16, 1996 SUBJECT: Highway 6S Improvement Project We have received the plans for the traffic signal u�rade on Hwy 65 from Lake Pointe Drive north to 85th Avenue. The State proposes to upgrade the signal control wires to improve the signal coordination and timing along this stretch of Hwy 6S. In conjunction with this project, the City is requested to participate in the signal improvements at an estimated cost of $15,416. This cost is predicated upon the sharing legs of the intersections that the City is involved with. The project would include the intersections of Lake Pointe, Rice Creek Road, Mississippi Street, 73rd Avenue and Osbome Road While the improvement is necessary and the plans need to be approved by the City, I will l�e discussing the Lake Pointe intersection at a MnI)OT meeting on December 12, 1996 to ensure that the proposed improvements are compatible with the anticipated intersection improvements in 1998. Recommend the City Council approve the MnDOT plans for the traffic signal interconnect system on Hwy 6S and participating in the City's cost shaze in the amount of $15,416. JGF:cz Attachments 24.01 � ££ ZO `< a� S. U �� ti . � a Z U W � w a�€ a W� w � o`' r Q Z ��: ~' � 5 N 2 �£ � �o� W > h'<� ° �� -�� ^ ��: � ';4�Xb[� �oE�$3-'" S w W�c7sl� z p ��d>�€:� Z i ��.,�y« Y :'� Sg �� ff�: g�� T � d-� �� €�� . \' b+�Y �� g �� '�°: �oW � _- ,� .� �� .�� Wj W W �� 0: (�V,QQf�V� �� : �O� M ��; rtti�� N� WWWW O' 4441� � } ' N�O:O.�; Z �� . �� 2. 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F w � m � � a � Uo0 � u W Wa00 �' O�+ ' ¢ ¢O� �2NM - Z a o zo� �l�Q � N: � W .F- a °� ro�� N: �.. i ... ` ej 0 ii 20 � 11 1 � i 1�1 City of Fridley TO: William W. Bums, City Managei PW9fi-31 S FROM: John G. F1ora,�Public Works Director DATE: December 12, 1996 SUBJECT: MnDOT Cost Participation On Thursday, December 12, 1996, I attended a Hwy 65 Core Task Force meeting at the Waters Edge building. The purpose of the meeting was to outline the study process and a proposed schedule for improving the intersections of Hwy 65 north of S3rd Avenue. The City is involved in the intersections of 53rd, Lake Pointe, West Moore Lake Drive, Mississippi Street, 73rd and Osbome Road. The State is aware of the Lake Pointe/I-694 ramp project but is attempting to install the appropriate signal interconnect cables throughout the corridor in 1997. Accordingly, they have submitted a plan for the City's approval of the interconnect cable placement and notification of the City's participation in the interconnect project for an amount of $15,416. It is proposed that sufficient excess cable will be left at each intersection to provide for appropriate modification of the intersections as those plans are completed. It is expected that additional design of the Hwy 65 intersections will be completed during 1997. This will probably involve new signal placement, possible right-of-way extensions as well as improvements to the traffic and tuming lanes. Those costs at this time, have not been identified but will include City participation As a means of allowing MnDOT to improve the safety and traffic flow on Hwy 65, recommend the City Council approve the interconnect cable plan and authorize the request for off-system State Aid funds as part of the City's contribution to that project in an estimated amount of $15,416. JGF:cz I+� !� f :.Y ll � 1L1�11�ll �ll�l 11 � Ilsl'� � �� 1V ��1V � TION PLAN FOR TRAFFIC SIGNAL INTERCONNECT SYSTEM � H_I_GHWAY__65__ FROM.c.s.A.H. 3s 1N fR1�lEY._MN._______ TO__89TH AVENUE NE_1N_BlA1NE. MN• _ I-- ----� - -- - --- . �"�' ozo� 6e --- STATE PROJ. N0. ___o2oa-_,o3._______---- . ------------- --- ------------------------ MINN. PROJ. N0. ------------ ----- ------- 13�380 _ FEET __ 2.53_ MILES GROSS LENGTH 9,270 FEET ___ i_76_ MILES ' _____Q_FEET___Q_MILES BRIOGES-LENGTH ______0_FEET______0_MILES ___p__FEET_____Q_MILES EXCEPTIONS-LENGTH ____Q.FEET______Q_MILES 13 380 _ FEET __ 2_53_ MILES NET LENGTH _ 9 270 FEET ___ 1_76_ MIIES CITY 0� SPRiNG LAKE PARK ANOKA COUNTY STATE AlD PROJ. N0. -______--___----- STA7E AID PROJ. N0. _ ��'030-01______ GROSS LENGTH _ 6,610_ FEET ___ i_25_ MiLES GROSS LENGTH 22.650 FEET ___4_29 MILES BRIDGES-LENGTH . 0_FEET __.__ 0_MILES BRIDGES-LENGTH _____0 FEET ______0 MILES EXCEPTIONS-LENGTH 0_ FEET __ 0_ MILES EXCEPTIONS-IENGTH 0 FEET ____ __0 MIIES NET LENGTH 6,610 FEET 1.25 MILES NET �ENGTH 22,650 FEET ___4_29 MILES END PRDJECT T.H. 65 �s. P. �2a8—� �3 �i / STA. 358+00 N `l 89th AVENUE N.E. � C.R. 10 'Yc � �E TING SIGNAL CONDUIT C1TY OF BLAINE C1TY OF SPRING IAKE PARK .S.A.H. 8 CITY OF fR10LEY C. S. A. H. 6 W. MOORE LAKE DR I VE �_ I �AOORE I L�10E � � �� 85th ,9VENUE LADOIE � uKE � C.S. .H. 3 U.S. 10 81st AvENUE C1TY OF MOUNDS V]EW BEGIN PROJECT S.P. 0208-103 STA. 265+30 DSBORNE ROAD �3rd AvENUE N E. �-- R10E CREEK � � } F F' Z Z � o M15515SIPP1"ST EET r < w Y O Q a a R10E CREEK ROA W. MOORE LAKE r�S•A.H. 35 pR1VE �{� �" T.H. 65 t- 694 END PROJECT S.P. 0207-68 STA. 265+30 CITY OF NEW BRIGHTON ��1 � � r—' PROJECT LOCATION ANOKA COUNTY �------.-------- � METRO �iVIS[ON i_._� GOLDEN VALIEY OfFICE BEGIN PROJECT — S.P. 0207-68 sTa. 13 i +50 FOR PLANS 6 UTILIT�ES SYMBOLS $EE TECHNIC�+I MaNIIA� PROJ. NO CHARGE IDENTIFIER SP 0207-68 SP 0208-103 SCALES PLAN L 50 PROFILE � INDEX MAP 2000 GENEFA� LAYOUT 24.� STATE PROJ. N0. 0207-68 � 0208-103 j • µ1Nhf.SOf 1 �° _ � s > . �yj ov rn�`'�� Minnesota Department of Transportation Metropolitan Division Golden Valley Office 2055 North Lilac Drive Golden Valley, MN 55422 November 20, 1996 John Flora Director of Public Works City of Fridley 6431 University Avenue NE Fridley, NIN 55432 RE: TH 65 Interconnect Project Dear Mr. Flora: Enclosed please fmd a copy the final plan, cost estimate and original title sheet for the above referenced project. A traffic signal agreement wiil follow shortly for action by the city council. Currently this project is scheduled to be let on February 28, 1997. Please sign the title sheet and forward it to Chuck Lenthe of Blaine for his signature. We must obtain all signatures by late December, so I would appreciate your immediate attention. Please take caze not to bend the sheet while it is in transit. At each intersection where work is proposed, we have added additional interconnect cabling to account for any futu�e shift in the signal control cabinet. Please feel to call me at 797-3140 if you have any additional comment� or concerns. Enclosures (2) An equal opportunity employer 24.06 �-------------- ------- - - __ � 1 TO: FROM: SIIBJECT: DATE: � WILLIAI�I W. BIIRNB� CITY MANAGBR j� 4 WILI�IAM A. CHAMPA, CITY CHARTBR STAFF LIAISON FIRST READING OF AMENDMENTS TO BSCTION 2.06.01 OF THB FRIDLEY CITY CHARTER DECEMBLR 11, 1996 At the•November 25, 1996 meeting of the Fridley City Council a public hearing was held on amendments to Section 2.06.01 of the Fridley City .Gharter which have been proposed by the Fridley Home Rule Charter Commission. Even though this amendment did not have full Council support at the public hearing, it must still be submitted for a first reading. Minnesota Statutes, Chapter 410.12, Subd. 7. Amendment by ordinance begins as follows: "Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be adopted by the council b an affirmative vote of all its members after a public hearing upon two weeks' published notice containing the text of_ the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances." (Emphasis added.) Subject to these considerations, I request that you amendments to the Fridley City Council for a first amending ordinance at their meeting of December 16, Attachment present these reading of the 1996. c: Don Mittelstadt, Chairperson, Fridley Charter Commission 25.01 ORDINANCE NO. AN ORDINANCE A1�IENDING SECTION 2.06.01 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 2 CITY COUNCIL ORGANIZATION Section 2.06. VACANCIES IN THE COUNCIL. 1. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or � before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony of any such person whether before or after their qualification, or by reason of the failure of any councilmember to perform a��€ the duties of inembership in the Council for a period of three (3) months. In each such case, within thirty (30) days the Council shall by resolution declare a vacancy to exist. � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. WILLIAM J. NEE - MAYOR . ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: November 25, 1996 Publication: November 14 & 21, 199b 25.02 , �