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02-14-2022 CITY COUNCIL MEETING February 14, 2022 7:00 PM Fridley Civic Center, 7071 University Avenue N.E. The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, program, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to d any interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at (763) 572-3500. (TTD/763-572-3534). AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE PROCLAMATIONS/PRESENTATIONS APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES 1.Approve the Minutes from the City Council Meeting of January 24, 2022 2.Receive the Minutes from the City Council Conference Meeting of January 24, 2022 NEW BUSINESS 3.Resolution No. 2022-12, Scheduling a Public Hearing on February 28, 2022 to Consider Ordinance No. 1399, Amending the Fridley City Code Chapters Titled Adoption of Code, Rules of Construction, Legislative Body, Commissions, Definitions, Severability, Ethics and Adoption by Reference 4.Resolution No. 2022-14, Requesting No Parking Designation on Portions of 7th Street and 57th Avenue N.E. 5.Resolution No. 2022-15, Accepting Memorandum of Understanding with Anoka County for Statewide Health Improvement Partnership (SHIP) Grant to Purchase Bicycle Fleet and Enclosed Trailer 6.Resolution No. 2022-16, Approving and Authorizing Signing an Agreement with Patrol Officers (Local #119) for the City of Fridley Public Safety Department for the Years 2022, 2023, and 2024 CLAIMS 2 City Council Meeting 2/14/2022 Agenda Page 2 7. Resolution No. 2022-13 Approving Claims for the Period Ending February 9, 2022 ADOPTION OF REGULAR AGENDA OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. REGULAR AGENDA ITEMS PUBLIC HEARING(S) 8. Ordinance No. 1398, Public Hearing and First Reading to Establish Innsbruck North Housing Improvement Area NEW BUSINESS INFORMAL STATUS REPORTS ADJOURN 3 Jufn!2/ AGENDA REPORT Meeting Date:February 14, 2022 Meeting Type:City Council Submitted By:Roberta S. Collins, Assistant to the City Manager Title Approve the Minutes from the City Council Meeting of January 24, 2022 Background Attached are the minutes from the City Council meeting of January 24, 2022. Financial Impact None. Recommendation Approve the minutes from the City Council meeting of January 24, 2022. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Meeting of January 24, 2022. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!2/ CITY COUNCIL MEETING January 24, 2022 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. MINUTES CALL TO ORDER Mayor Lund called the City Council Meeting of January 24,2022, to order at 7:00 p.m. PRESENT Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Stephen Eggert Walter Wysopal, City Manager Brandon Brodhag, Civil Engineer Jim Kosluchar, Director of Public Works Sarah Sonsalla, City Attorney MEMBER ABSENT: Councilmember Ann Bolkcom PLEDGE OF ALLEGIANCE APPROVAL OF PROPOSED CONSENT AGENDA Motion made by CouncilmemberEggertto adopt the proposed Consent Agenda.Seconded by CouncilmemberTillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES 1. Approve the Minutes from the City Council Meeting of January 3,2022. 2. Receive the Minutes from the City Council Conference Meeting of January 3, 2022. NEW BUSINESS 3.Resolution No. 2022-08, Authorizing Use of Municipal State Aid System Funding for Street Rehabilitation Projects 2021-01 and 2022-01. 4.Resolution No 2022-10, Approving Gifts, Donations and Sponsorships Received Between December 11, 2021 and January 14, 2022. 5 Jufn!2/ City Council Meeting 1/24/2022 Minutes Page 2 CLAIMS 5. Resolution No. 2022-11 Approving Claims for the Period Ending January 19, 2022. LICENSES 6. Resolution No. 2022-07 Approving City Licenses and Permits. ADOPTION OF REGULAR AGENDA Motion made by Councilmember Tillberry to adopt the regular agenda. Seconded by Councilmember Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. A resident asked for additional police enforcement related to speeding vehicles on University Avenue from Northtown to City Hall. REGULAR AGENDA ITEMS PUBLIC HEARING(S) 7. Preliminary Assessment Hearing on 2022 Street Rehabilitation Project No. ST2022-01 Motion made by Councilmember Eggert to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:07 P.M. Brandon Brodhag, Civil Engineer, presented the staff report on the 2022 Street Rehabilitation Project No. ST2022-01. He recommended that the Council open the preliminary assessment hearing on 2022 Street Rehabilitation Project No. ST2022-01 and hear all those who wish to address the Council. Council asked for additional explanation on the lifespan of streets and maintenance schedule. Mr. Brodhag provided additional details on the pavement rating process, road maintenance, and anticipated road lifespan. It was noted that the roads in this project were originally constructed in the 1950s through 1970s. Additional details were provided on the use of MSA funds and the proposed resident assessments. Residents spoke asking for clarification on improvements planned for certain project areas, the accuracy of the assessment estimate, the interest rate of the assessment, the timing of voluntary sewer line inspections, the purpose of line locates, grass/turf restoration plans, available funding sources and curbing. Input was also received on drainage problems, and impact from trash haulers. Support was expressed by multiple residents for the project, drainage improvements, and water quality improvements. 6 Jufn!2/ City Council Meeting 1/24/2022 Minutes Page 3 Mr. Brodhag and Mr. Kosluchar provided additional input and clarification on the comments received from the residents. Motion made by Councilmember Tillberry to close the public hearing, Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:12 P.M. NEW BUSINESS 8. Resolution No. 2022-09, Ordering Final Plans, Specifications and Calling for Bids: 2022 Street Rehabilitation Project No. ST2022-01 Motion made by Councilmember Eggert to adopt Resolution No. 2022-09, Ordering Final Plans, Specifications and Calling for Bids: 2022 Street Rehabilitation Project No. ST2022-01. Seconded by Councilmember Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMAL STATUS REPORTS Walter Wysopal, City Manager, provided details on the Fridley homeowners event that will be held at City Hall on February 9 from 6:00 to 8:00 p.m. Homeowners c programs and schedule free remodeling advisor visits. Recreation programing staff will also offer projects for children at the event. Mayor Lund commented that Winter Fest held at Springbrook Nature Center was well attended. He thanked staff and the volunteers that helped to make the event a success. He also advised of a community play that will be held at the Fridley High School on February 11 and 12, 18, and 19. ADJOURN Motion made by Councilmember Ostwald to adjourn. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:18 P.M. Respectfully Submitted, Melissa Moore Scott J. Lund City Clerk Mayor 7 Jufn!3/ AGENDA REPORT Meeting Date:February 14, 2022 Meeting Type:City Council Submitted By:Roberta S. Collins, Assistant to the City Manager Title Receive the Minutes from the City Council Conference Meeting of January 24, 2022 Background Attached are the minutes from the City Council conference meeting of January 24, 2022. Financial Impact None. Recommendation Receive the minutes from the City Council conference meeting of January 24, 2022. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Conference Meeting of January 24, 2022. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 8 Jufn!3/ COUNCIL CONFERENCE MEETING January 24, 2022 5:00 PM Fridley Civic Campus, 7071 University Avenue N.E. MINUTES PRESENT Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Stephen Eggert Walter Wysopal, City Manager Melissa Moore, City Clerk Paul Bolin, Assistant HRA Director Doug Strandness, Consultant to the Innsbruck North Townhome Association Duane Fischer, President of the Innsbruck North Townhome Association Stacy Kvilvang, Ehlers Associates (participating via Zoom) ABSENT Councilmember Ann Bolkcom ITEMS FOR DISCUSSION 1.Recodification Update: Title 1 (General Provisions). Melissa Moore, City Clerk, provided a Fridley City Code recodification update on Title 1 (General Provisions). 2.Presentation on the Innsbruck North Townhome Association Housing Improvement Area. Paul Bolin, Assistant HRA Director, provided an update on the Innsbruck North Townhome Association Housing Improvement Area. Doug Strandness, Duane Fischer and Stay Kvilvang (via Zoom) were present to answer questions and provide additional informationon the project. 9 Jufn!4/ AGENDA REPORT Meeting Date:February 14, 2022 Meeting Type:City Council Meeting Submitted By:Melissa Moore, City Clerk Title Resolution No. 2022-12, Scheduling a Public Hearing on February 28, 2022to Consider Ordinance No. 1399, Amending the Fridley City Code Chapters Titled Adoption of Code, Rules of Construction, Legislative Body, Commissions, Definitions, Severability, Ethics and Adoption by Reference Background Pursuant to Minnesota Statute§ 415.02and Fridley City Charter (Charter) § 1.02, the Fridley City Council (Council)may codify and publish ordinances that carry the force and effect of law for the City of Fridley (City), which may be arranged into a system generally referred to as the Fridley City Code (Code). Furthermore, Charter § 3.10 provides for the recodification of the Code at least every 10 years.At its August 23, 2021 meeting the FridleyCity Council adoptedResolution No. 2021-67formally authorizing recodification of the Code. At its January 24, 2022 Conference Meeting the Council heard a presentation from staff on proposed changes to the introductory chapters of the Code, effectively creating Title 1 (General Provisions). Title 1 includes the following chapters: Adoption of Code, Rules of Construction, Legislative Body, Commissions, Definitions, Severability and Ethics. When the Council approved recodification it directed ample opportunity for public input and transparency. This is enabled by discretionary public hearings the Council will schedule to receive comment on the proposed amendments to the Code. Resolution No. 2022-12 schedules a public hearing to consider Ordinance No. 1399 at the next Council meeting on February 28, 2022. Financial Impact None at this time. However, some City Code changes may have specific financial impacts, which will be reviewed with the Council as part of the amendment process. Recommendation Staff recommend the approval of Resolution No. 2022-12. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. : Jufn!4/ Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources !Resolution No. 2022-12 !Exhibit A: Ordinance No. 1399 (Draft) !Exhibit B: Public Hearing Notice Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 21 Jufn!4/ Resolution No. 2022-12 Scheduling a Public Hearing on February 28, 2022 to Consider Ordinance No. 1399, Amending the Fridley City Code Chapters Titled Adoption of Code, Rules of Construction, Legislative Body, Commissions, Definitions, Severability, Ethics and Adoption by Reference Whereas, pursuant to Minnesota Statute § 415.02 the City of Fridley (City) is authorized to create ordinances which serve as prima facie evidence of the law of the City; and Whereas, pursuant to the Fridley City Charter (Charter) § 1.02, the City may pass ordinances for maintaining and promoting the peace, good government and welfare of the City; and Whereas, § 3.10 of the Charter requires the City to codify its ordinances every ten years; and Whereas, the Fridley City Council (Council) adopted Resolution No. 2021-67 on August 23, 2021, which authorized a full recodification of the Fridley City Code; and Whereas, to enable as much transparency and public input as possible, the Council directed that public hearings shall be called for prior to the first reading of any ordinance proposing to update the Code through the recodification effort; and Whereas, the Council finds it prudent to conduct a discretionary public hearing to take public comment on this proposed amendment to the Fridley City Code. Now, therefore be it resolved, that the City Council of the City of Fridley hereby schedules a public hearing for Monday, February 28, 2022 in the Council Chambers of the Fridley Civic Campus, 7071 University Avenue N.E., at 7:00 p.m. to consider an amendment to the Fridley City Code as found in Ordinance No. 1399. th Passed and adopted by the City Council of the City of Fridley this 14 day of February, 2022. ________________________________________ Scott J. Lund Mayor Attest: ________________________________________ Melissa Moore City Clerk 22 Jufn!4/ Exhibit A Ordinance No. 1399 Amending theFridley City Code Chapters Titled Adoption of Code, Rules of Construction, Legislative Body, Commissions, Definitions, Severability, Ethics and Adoption by Reference The City Council of the City of Fridley does ordain, after review, examination and staff recommendation that the Fridley City Code be amended as follows: Section 1 That Chapter 906Adoption of Codeamended as follows: Fridley City Code Chapter 906.100Adoption of Code 906.01.100.01Adoption of Code The substantive general ordinances of the City of Fridley, Minnesota are hereby codified.;Tthe Municipal Code of Fridley, MinnesotaFridley City Code and consists of chapters and sections, separately numbered in a decimal system with certain chapter and section numbers reserved for future use and expansion of the Code, as well as an appendixand index thereof. Any matters as may be contained in the appendix or index are included for purposes of information and reference only and are of no substantive effect except where and unless the Code itself specifically incorporates the same by reference. 906.02.100.02Short Title For brevity hereafter the Municipal Code of Fridley, MinnesotaFridley City Codeis sometimes referred ; Municipal Code of Fridley, MinnesotaFridley City Codeunless the context clearly requires another meaning. 906.03.Repeal of Certain Ordinances This code in the original enactment includes all substantive ordinances of a general nature up to and including Ordinance No. 795, passed on December 5, 1983. All substantive ordinances of a general nature up to and including Ordinance No. 795 are repealed and replaced by the enactment of this Code. 906.04.100.03Subsequent Ordinances Any ordinance passed after the effective date of this Code shall be passed as a recodified Chapter to this Code (unless it is of limited or special application or is otherwise deemed not to be a part of this 23 Jufn!4/ Exhibit A Code). Such recodified Chapter, amendment, addition, or deletion shall be made a part of this Code as hereinafter provided and directed by the City Council. 906.05.100.04Consecutive Numbering to Continue The present consecutive chronological numbering of all ordinances as are passed shall continue without regard to their subsequent inclusion within this Code, but each ordinance which is an amendment or addition to the Code shall specify the amendment or addition. 906.06.100.05Annual Revisions This Code is printed and loosely formed and is kept up-to-date by the regular insertion of recodified pages containing all amendments, repeals or addition to the Code. For convenience, the volume includes, in addition to the Municipal Code of Fridley, Minnesota, a table of contents, appendixes and a complete subject matter index. The Council, with the advice of the City Attorney, shall make arrangements periodically for the editorial work and printing necessary to prepare revised and additional pages as necessary to keep the volume up to date as nearly as reasonably possible at all times. 100.06 Errors The City Manager may direct staff to correct grammatical, punctuation, or spelling errors found after passageof an ordinance without altering the meaning of the ordinance enacted. 906.07.100.07Preservation of Existing Rights The repeal of any ordinance or portion thereof by addition to this Code or any subsequent amendment, repeal or addition thereto does not affect or impair any act done, right vested or accrued, or any proceeding, suit or prosecution had or commenced in any cause before such repeal takes effect. Every act done, right vested or accrued, or proceeding, suit or prosecution had or commenced, remains in full force and effect to all intents and purposes as if such repeal had not taken place. No offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to repeal of any ordinance or any part thereof, by this Code or subsequent amendment, repeal or addition thereto, is discharged or affected and the prosecution and suit of any such offense, liability, penalty or forfeiture may be instituted and proceeded within all respects as if such prior ordinance or part thereof had not been repealed. 906.08.100.08Publication and Effective Date Ordinances will be published in the Official Publication pursuant to State statute. A copy of this Code has beenison file and open for public inspection in the office of the City Clerk.for a period of at least three weeks prior to its additions, commencing on the first day of December 12, 1983.Ordinances are effective pursuant to the Fridley City Charter. 24 Jufn!4/ Exhibit A 906.09.100.09Code Permanently on File A copy of the code shall be permanently on file and open for public inspection in the office of the City Clerkin the City of Fridley. Notice shall be given in the official newspaper for at least two 906.10.100.10Prima Facie Evidence The Municipal Fridley City Code of Fridley, Minnesota, shall be prima facie evidence of the law of the City. Section 2 Fridley City Code Chapter 902. 101Rules of Construction 902.01.101.01Generally All words and phrases in this Code are used and shall be construed in their plain, ordinary and usual sense and, except where the context clearly requires otherwise in accordance with this Chapter or any definitions, general or special, are contained in this Code, technical words phrases having a peculiar and appropriate meaning in law are to be understood according to their technical import. Words and phrases used in the Fridley City Code(Code)shall be construed in their plain, ordinary and usual sense, except that technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical meaning. 902.02.101.02 MASCULINE, FEMININE OR NEUTERGender The use of either masculine, feminine or neuter gender includes the other gender(s).Unless the context clearly requires otherwise, the use of either masculine, feminineor neuter gender in this Code shall include the other genders. 902.03.101.03 Singular or Plural The use of either singular or plural numbersincludes the other number. 902.04101.04Past, Present or Future The use of either past, present or future tense includes the other tense. 902.05.101.05Joint Authority 25 Jufn!4/ Exhibit A Words importing joint authority for three or more persons are construed as authority to a majority of such persons. 902.06.101.06 Catchline Section Heading The catchline heading of a section printed in bold face type is intended to indicate the contentsof the section for the convenience of the reader and is not to be construed as a part of the section. 902.07.101.07Computation of Time The time within which an act is to be done is computed by excluding the first day and including the last day. When the last day is a Sunday or legal holiday, such that day is excluded and the last day is the next following business day. 902.08.101.08Deputies Whenever this Code of Fridley requires an act to be done which may legally be done by an agent or employee as well as by the principal, such requirement is satisfied by the performance of the act by an authorized agent or employee. 902.09.101.09Filing at City Offices Whenever this Code of Fridley requires filing with, payment to, or notification of any certain City official or department, the requirement is satisfied by filing, payment, or notification at the regular office of such City official or department during business hours on any business day. 902.10.101.10Repeal The repeal of a provision which repeals a prior provision does not revive the prior provision unless the intent to do so is clearly stated. The repeal of any provision is not construed to abate, annul, or otherwise affect any proceeding had or commenced under or by virtue of the repealed provision and the same is effectual as if the said provision had not been repealed, unless the contrary intent is clearly stated. 902.11.101.11Liberal Construction All general provisions, terms, phrases, and expressions contained in this Code are to be liberally construed in order that the true intent and meaning of each such provision may be fully carried out. 902.12. Substantive ChangeNot Intended This Code of Fridley is intended as a codification of the existing law and is to be construed in accordance with such intent, except where a change or revision is clearly otherwise indicated. 26 Jufn!4/ Exhibit A 902.13.101.12Minnesota Rules of Construction toApply Unless they are clearly in conflict with the provisions of this Code, or otherwise clearly inapplicable, the rules of construction established for the State of Minnesota by statute or case law apply in the construction of this Code. Section 3 That Chapter 904Severability Fridley City Code Chapter 904.102Severability 904.01. 102.01 Invalidity of Part If any part, sentence, provision or clause of the City Code of Fridley shall be adjudged void or of no effect, for any reason whatsoever, such decision shall not affect the validity of any of the remaining portions of the City Code of Fridley. Every chapter, section, subsection or provision of the Fridley City Code(Code)is hereby declared severable from every other such chapter, section, subsection or provision. If any chapter, section, subsection or provision of this Code is found to be invalid or unconstitutional by a court of competent jurisdiction, it shall not affect or invalidate any other chapter, section, subsectionor provision. Section 4 That Chapter 903Definition Conflict Fridley City Code Chapter 903.103DefinitionsConflict 103.01 Purpose The following definitions shall apply to the Fridley City Code (Code) and to all ordinances and resolutions unless the context requires otherwise. 903. 01. 103.02Definitions 1.Whenever a chapter of this Code contains therein a definition which is particularly applicable to such chapter, then such definition shall prevail in case of conflict over any general definition as contained in this Code, in this Chapter or in any other chapter of this Code. The definition of any word or phrase as establishedfor the State of Minnesota by statute or case law applies to this Code, except where such meaning is clearly in conflict with the definitions or meanings particularly provided in this Code. 27 Jufn!4/ Exhibit A 2.Under the Municipal Code of Fridley, unless the particular context thereof shall clearly require a different meaning, the terms noted herein shall man as follows: City Charter or Charter: The Charter of the City of Fridley effective September 24, 1957, as amended. City, Municipal Corporation, or Municipality: The City of Fridley, Minnesota. City Council or Council: The City Council of the City of Fridley. City Manager: The person duly appointed by the Council and acting in such capacity. Code,Code of Ordinances, or Fridley City Code: The Municipal Code of Fridley, Minnesota. Conviction: Either a plea of guiltyaccepted and recorded by the court, or a verdict of guilty by a jury,or a finding of guilty by the court. Includes: permissive. May not: states a prohibition. Minnesota Statutes or M.S.: The edition of the Minnesota Statutes current at the time of said reference. Must: Mandatory. Nuisance: Anything offensive,obnoxious, or unduly adverseto the health and welfare of the inhabitants of the City, or any act or thing creating a hazard to, or having a detrimental effect on the property of another person or to the community. Oath: Affirmation in all cases where bylaw an affirmation may be substituted for an oath. In like Officer, Official, or Public Official: An employee, member of the Council, member of an advisory commission, or member of a City committee. Ordinance: An ordinance duly adopted by the Council. Owner: In the case of personal property, a person, other than a lien holder, having the property in or title to personal property.In the case of real property, the term means the fee owner of land, 28 Jufn!4/ Exhibit A or the beneficial owner of land whose interestis primarily one of possession. The term includes, but is not limited to, vendees under a contract for deed and mortgagors. Person: Any individual, firm, corporation, partnership, association, organization or other group acting as a unit, including any executor, administrator, trustee, receiver or other representative appointed by law. Whenever the word "person" is used in any section prescribing a penalty or fine, it includes the partners or any members of any partnership, firm or corporation and as to a corporation, the officers, agents or members thereof who are responsible for the violation. Property: Tangible or intangible, real, personal or mixed property. Shall: Mandatory. Sidewalkor Trail: The portion of the street between the curb line and the adjacent property line, which is intended for the use of pedestrians.An improved thoroughfare located on a public right- of-way or public easement limited to usage by pedestrians and nonmotorized vehicles. State: The State of Minnesota. Street: Any public way, highway, street, avenue, boulevard or other public thoroughfare. Each such word includes the others and where the context permits, includes also sidewalk.The entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic. Violate: Failure to comply with. 103.03 Conflicts Whenever a chapter of this Code contains a definition which is particularly applicable to such chapter, then such definition shall prevail in case of conflict over any general definition as contained in this Code, in this Chapter or in any other chapter ofthis Code. The definition of any word or phrase as established for the State of Minnesota by statute or case law applies to this Code, except where such meaning is clearly in conflict with the definitions or meanings particularly provided in this Code. 103.04 Minnesota Definitions to Apply The definitions contained in Minnesota Statutes, Chapter 645, as amended, are hereby adopted by reference and are made a part of this Code. Unless clearly in conflict with the definitions or other provisions of this Code, or otherwise clearly inapplicable, definitions established for the State of Minnesota by Statute or case law shall apply to this Code. Section 5 That Chapter 1Legislative Body 29 Jufn!4/ Exhibit A Fridley CityCode Chapter 1.104Legislative Body 1.01.104.01 Salary The Mayor and each Councilmember shall receive each year reasonable remuneration or salary, the amount and payment of which shall be prescribed by ordinance duly adopted on or before st November 1of the year preceding payment of the same. 1.02 104.02 Ward Boundaries Pursuant to the City of Fridley Charter, Chapter 2.03, which requires the Council to redetermine Ward boundaries after each decennial census of the United States, and at other times as the City Council may determine, the Ward and Precinct boundaries of the City are redetermined and hereafter are established as follows: 1. Ward 1 Ward No. 1, Precinct No. 1 is established as the area bounded as follows: North: Starting at the northern City Limits boundary(approximately 255 feet north of the intersection of Osborne Road and Trunk Highway (T.H.)#47Avenue) go east on the northern City Limits boundaryto Baker Street. East: Using Baker Street and starting at the northern City rdrd Limitsboundary, go south on Baker Street to 73Avenue, then go east on 73Avenue to Highway #65, then go south on Highway #65 to Rice Creek Terrace. South: Using Rice Creek Terrace and starting T.H. #65, go west on Rice Creek Terrace to Madison Street, thengo south on Madison thththth Street to 7Street, then go south on 7Street to 67Avenue, then go west on 67Avenue to thth 4Street, then go north on 4Street to Rice Creek Terrace, then go northwest on Rice Creek Terrace to T.H. #47. West: Using T.H. #47 and starting at Rice Creek Terrace, go north on T.H.#47 to the northern City Limits boundary(Osborne Road and T.H. #47). Ward No. 1, Precinct No. 2 is established as the area bounded as follows: North: Using T.H. #47 and starting at Rice Creek Terrace, go southeast on Rice Creek Terrace to ththththth 4Street, then go south on 4Street to 67Avenue, then go east on 67Avenue to 7Street, th then go northeast on 7Street to Madison Street, then go north on Madison Street to Rice Creek Terrace, then go east on Rice Creek Terrace to Highway #65. East: Using T.H. #65 and starting at Rice Creek Terrace, go south on Highway #65 to Mississippi Street, then go west on Mississippi Street to Van Buren Street, then go south on Van Buren Street to Carol Drive, then go southwest on Carol Drive to West Moore Lake Drive. South: Using West Moore Lake Drive and starting at stst Carol Drive, go southwest on West Moore Lake Drive to 61Avenue, then go west on 61Avenue thth to 7Street, then go north 7Street to Mississippi Street, then go west on Mississippi Street to 2: Jufn!4/ Exhibit A T.H. #47. West: Using T.H. #47 and starting at Mississippi Street, go north on T.H. #47 to Rice Creek Terrace. Ward No. 1, Precinct No. 3 is established as the area bounded as follows: North: Using Mississippi Street and starting at the Burlington Northern Railroad right-of-way, go thth east on Mississippi Street to 7Street. East: Using 7Street and starting at Mississippi Street, go thththth south on 7Street to 57Avenue. South: Using 57Avenue and starting at 7Street, go west th on 57th Avenue to T.H. #47. West: Using T.H. #47 and starting at 57Avenue, go north on T.H. th #47 to 59th Avenue, then go west on 59Avenue to Main Street, then go north on Main Street stst to 61Avenue, then go west on 61Avenue to the Burlington Northern Railroad right-of-way, then go north on the Burlington Northern right-of-way to Mississippi Street. Ward No. 1, Precinct No. 4 is established as the area bounded as follows: stthst North: Using 61Avenue and starting at 7Street, go east on 61Avenue to West Moore Lake st Drive. East: Using West Moore Lake Drive and starting at 61Avenue, go southeast on West Moore Lake Drive to T. H. #65, then go south on T.H. #65 to T. H. #694, then go east on T.H. #694 toMatterhorn Drive, then go south on Matterhorn Drive to the southern City Limitsboundary. South: Using the southern City Limits boundaryand starting at Matterhorn Drive, go west on the southern City Limits boundaryto T.H. #47. West: Using T.H. #47 and starting at the southern City thth Limitsboundary, go north on T.H. #47 to 57Avenue, then go east on 57th Avenue to 7Street, thst then go north on 7Street to 61Avenue. 2. Ward 2 Ward No. 2, Precinct No. I is established as the area bounded as follows: North: Using the northern City Limits boundary(Osborne Road) starting at Baker Street, go east on the northern City Limits boundaryto the eastern City Limitsboundary. East: Using the eastern th City Limitsboundary, go south on the eastern City Limits boundaryto 69Avenue. South: Using thth 69Avenue and starting at the eastern City Limitsboundary, go west on 69Avenue to Central Avenue, then go south on Central Avenue to Rice Creek, then go west on Rice Creek To T.H. #65. rd West: Using T.H. #65 and starting at Rice Creek, go north on T.H. #65 to 73Avenue, then go rd west on 73Avenue to Baker Street, then go north on Baker Street to the northern City Limitsboundary. Ward No. 2 Precinct No. 2 is established as the area bounded as follows: North: Using Rice Creek and starting at T.H. #65, go east on Rice Creek to Central Avenue, then thth go north on Central Avenue to 69Avenue, then go east on 69Avenue to the eastern City th Limitsboundary. East: Using eastern City Limits boundaryand starting at 69Avenue, go south thth on the eastern City Limits boundaryto 66Avenue. South: Using 66Avenue and starting the th eastern City Limitsboundary, go west on 66Avenue to Arthur Street, then go south on Arthur 31 Jufn!4/ Exhibit A Street to Mississippi Street, then go west on Mississippi Street to Central Avenue, then go south on Central Avenue to East Moore Lake Drive, then go southwest on East Moore Lake Drive/West Moore Lake Drive to Able Street. West: Using Able Street and starting at West Moore Lake Drive, go north on Able Street to Carol Drive, then go west on Carol Drive to Van Buren Street, then go north on VanBuren Street to Mississippi Street, then go east on Mississippi Street to T.H. #65, then go north on T.H. #65 to Rice Creek. Ward No. 2, Precinct No. 3 is established as the area bounded as follows: North: Using Able Street and starting at Carol Drive, go south on Able Street to West Moore Lake Drive, then go east and northeast on West Moore Lake Drive/East Moore Lake Drive to Central Avenue, then go north on Central Avenue to Mississippi Street, then go east on Mississippi Street to Arthur Street, then go north on Arthur Street to 66th Avenue, then go east on 66th Avenue to th the eastern City Limitsboundary. East: Using the eastern City Limits boundaryand starting at 66 Avenue, go south on the eastern City Limits boundaryto Gardena Avenue. South: Using Gardena Avenue and starting at the eastern City Limitsboundary, go west on Gardena Avenue to Matterhorn Drive, then go south on Matterhorn Drive to the extension of Hathaway Lane, then go west on Hathaway Lane and its extension to Regis Drive, then go south on Regis Drive to Lynde Drive, then go west on Lynde Drive and its extension to T.H. #65: West: Using T.H. #65 and starting at the extension Lynde Drive, go north on T.H. #65 to West Moore Lake Drive, then go st northwest on West Moore Lake Drive to 61Avenue, then go northeast on West Moore Lake Drive to Carol Drive, then go northeast on Carol Drive to Able Street. Ward No. 2, Precinct No. 4 is established as the area bounded as follows: North: Using the extension of Lynde Drive and starting at T.H. #65, go east on Lynde Drive and its extension to Regis Drive, then go north on Regis Drive to Hathaway Lane, then go east on Hathaway Lane and its extension to Matterhorn Drive, then go north on Matterhorn Drive to Gardena Avenue, then go east on Gardena Avenue to the eastern City limitsboundary. East: Using the eastern City Limits boundaryand starting at Gardena Avenue go south on the eastern City Limits boundaryto the southern City Limitsboundary. South: Using the southern City Limits boundaryand starting at the eastern City Limitsboundary, go west on the southern City Limits boundaryto Matterhorn Drive. West: Using Matterhorn Drive and starting at the southern City Limitsboundary, go north on Matterhorn Drive to T.H. #694 then go west on T.H. #694 to T.H. #65, then go north on T.H. #65 to the extension of Lynde Drive. 3. Ward 3 Ward No. 3, Precinct No. 1 is established as the area bounded as follows: North: Beginning at the Mississippi River and the northern City Limitsboundary, follow the northern City Limits boundaryeast to the Burlington Northern right-of-way, then go north on th the Burlington Northern Railroad right-of-way (City Limitsboundary) to 85Avenue (City th Limitsboundary), then go east on 85Avenue (City Limitsboundary) to T.H. #47 (City 32 Jufn!4/ Exhibit A th Limitsboundary). East: Using T.H. #47 (City Limitsboundary) and starting at 85Avenue go south on T.H. #47 (City Limitsboundary) to Osborne Road. South: Using Osborne Road and starting at T.H. #47, go southwest on Osborne Road to Burlington Northern Railroad right-of-way, then go thth north on the Burlington Northern Railroad right-of-way to 79Way, then go west on 79Way to the western City Limits boundary(Mississippi River). West: Using the western City Limits th boundaryand starting at 79Way, go north to the northern City Limitsboundary. Ward No. 3, Precinct No. 2 is established as the area bounded as follows: thth North: Using the westernCity Limits boundaryand starting at 79Way, go east on 79Way to the Burlington Northern Railroad right-of-way, then go south on the Burlington Northern Railroad right-of-way to Osborne Road, then go northeast on Osborne Road to T.H. #47. East: Using T.H. #47 and starting at Osborne Road, go south on T.H. #47 to Mississippi Street. South: Using Mississippi Street and starting at T.H. #47, go west on Mississippi Street to East River Road. West: Using East River Road and starting at Mississippi Way, go north on East River Road to Rice Creek, then go west on Rice Creek to the western City Limitsboundary, then go north on the th western City Limits boundaryto 79Way. Ward No.3, Precinct No. 3 is established as the area bounded as follows: North: Using the western City Limits boundaryand starting at Rice Creek, go east on Rice Creek to East River Road, then go south on East River Road to Mississippi Way, then go east on Mississippi Way to the Burlington Northern Railroad right-of-way. East: Using the Burlington Northern Railroad right-of-way and starting at Mississippi Way, go south on the Burlington stst Northern Railroad right-of -way to the extension of 61Avenue, then go east on 61Avenue and its extension to Main Street, then go south on Main Street to T.H. # 694. South: Using T.H. #694 and starting at Main Street, go west to the western City Limitsboundary. West: Starting at T.H. #694 on the western City Limitsboundary, go north on the western City Limits boundaryfrom T. H. #694 to Rice Creek. Ward No. 3, Precinct No. 4 is established as the area bounded as follows: North: Using the western City Limits boundaryand starting at T.H. #694, go east on T.H. #694 to thth Main Street, then go north on Main Street to 59Avenue, then go east on 59Avenue to T.H. th #47. East: Using T.H. #47 and starting at 59Avenue, go south on T.H. #47 to the City Limits boundaryand continuing on to the southern City Limitsboundary. South: Using the southern City Limits boundarygo west to the western City Limitsboundary. West: Using the western City Limitsboundary, starting at the southern City Limitsboundary, go north on the western City Limits boundaryto T.H. #694. 1.03.104.03 Ward Map Ward and Precinct boundaries are herein established and delineated in the City of Fridley Voting 33 Jufn!4/ Exhibit A appear between the boundaries as noted and provided on said map and the lines noted and described in Section 1.02104.02, then the boundaries as noted in Section 1.02104.02shall prevail. Section 6 That Chapter 6Commissions Fridley City Code Chapter 6.105Commissions 105.01 Purpose Pursuant to the Fridley City Charter Chapter 2, the Fridley City Council (Council) may create commissions with advisory powers to investigate any subject of interest to the City of Fridley (City). Advisory commissions provide for citizen input and are advisory to the Council. Advisory commissions shall haveno decision-making authority, except as expressly established by the Fridley City Codeor Minnesota Statutes(M.S.). 6.01Commission Titles There is hereby created the following commissions for the Cityof Fridley. These commissions shall be known as: 1. Planning Commission 2. Parks and Recreation Commission 3. Environmental Quality and Energy Commission. 6.02105.02Commissions Generally 1. Membership (a)Each commission, unless otherwise indicated, shall consist of seven Fridley residents appointed by City Council. (b)The Council will annually appoint,byCouncil resolution,a chairpersonto each advisory commission. (a)(c)Each commission shall elect a chairpersonand vice chairperson.At any meeting of the commission if the chairperson is unable to attend, the vice chairperson shall act as chairperson. (a)The commission chairperson shall be elected by the commission membership and shall also serve as a member of the Planning Commission. 34 Jufn!4/ Exhibit A (b)(d)The commission members shall be appointed by the City Council for three yearthree- yearterms, except the City Council shall make every effort to stagger the appointments so that the terms of no more than three members shall expire in any one year. Attempt shall be made to have all City wards represented on the commissions. Upon the expiration of their terms of office,members shall continue to serve until their successor shall have been appointed. (b)The commissions shall each year, from their own members choose a chairperson and vice chairperson. At any meeting of the commissions if the regular chairperson is unable to attend, the vice-chairperson shall act as chairperson. 2. Vacancy Commission members may resign or be removed from office by a majority vote of the City Council. The commission member appointed to fill any vacancy shall serve for the remainder of the vacated term. 3. Organization (a)Following the appointment of membership, each of the commissions shall meet, organize and with the exception of the chairperson, elect any officers, as it deems desirable. (b)Adopt rules for its meetings and the transaction of its business, in order tofulfill the responsibilities of the commission. (c)The chairperson shall assure the fulfillment of the following responsibilities: (1)Call and preside over meetings of the commission. (2)Appear or appoint a representative to appear, if deemed necessary,before the City Council or any City commission pertaining to matters within the scope of the commission. (3)Provide liaison with other governmental and citizens' groups pertaining to matters within the scope of the commission for the purpose of timely and relevant information for consideration by the commission. 4.Administrative StaffLiaison The City Manager shall assign one member of the Administrative Staff staff to serve as secretary Staff Liaison to each commission. The secretary Staff Liaison shall perform only such clerical duties on behalf of a commission as may be assigned by the chairperson and with the consent of the 35 Jufn!4/ Exhibit A City Manager. Additional advisory staff shall be assigned to the commissions by the City Manager within the restraints of the adopted general fund budget. Administrative Staff shall be limited to commission level unless specifically approved by the City Council.A Staff Liaison shall not serve as an appointedmember of any City advisory commission. 5.Project Committees The commissions may establish special project committees to further the objectives of the commissions and provide for greater citizen participation. Such project committees shall be appointed by a commission for special projects and shall cease to exist when their activities are completed. The qualifications for membership, composition and duties of such project committees shall be at the discretion of the commission. The project committee may be chaired by a member of the commission, and at least one member of the commission shall act as a liaison for each project committee. 6.Compensation The members of the commissions shall serve without pay, but may be reimbursed for actual expenses if funds therefore are provided in the adopted general fund budget. 7.Reports The commissions shall make such reports as requested by the City Council.or Planning Commission. 8.Meetings Meetings shall be called by the chairpersonsand shall be held as necessary to fulfill the responsibilities of the commissions. All meetings of the commissions shall be open to the public. Minutes shall be kept of allmeetings. Findings and recommendations shall be transmitted by the commission chairpersonsto the Planning Commission and from the Planning Commission to the City Council. 6.03 105.03Planning Commission 1.TitleCommission Established There is herebycreated a Planning Commission for the City of Fridley, Minnesotapursuant to M.S. Chapter 462. The Council hereby establishes the Planning Commission to serve as the Board of Appeals and Adjustments and exercise all authority and perform all functions ofsaid Board pursuant to Minnesota Statutes Section462.351 to 462.364 and operate according to the Fridley City Code. 36 Jufn!4/ Exhibit A 2. Purpose (a)The Planning Commission is established to provide comprehensive planning and zoning advice to the City Council with the aim of improving the City. (a)The Planning Commission is established to provide comprehensive planning and zoning advice to the Council, interpretation of the Ccode, or request a variance to performance standards in thezoning chapters of theFridley Zoning Code. (b)The Council hereby establishes the Planning Commission to serve as the Board of Appeals and Adjustments and exercise all authority and perform all functions of said Board pursuant to M.S.§§ 462.351 to 462.364 and operate according to thisCode. 3.Scope (a)The Planning Commission shall serve in an advisory capacity to the City Council. Problems Mattersshall be referred to the Planning Commission by the City Council, City Administration Manageror chairperson of the member commissions, and may be assigned to the member commissions for detailed study and recommendations as required. All recommendations by the Planning Commission shall be made to the City Council. (b)The Planning Commission is charged with responsibility for continuouscommunity planning, growthand development of comprehensive goals and policies, including but not limited to, land use, housing, transportation, environment, parks and recreation, publicservices,human resources, and other related community activities. (c)The Planning Commission shall advise the City Council in the development of programs to give increased effectiveness and direction in implementing established City goals and policies and recommend actions needed to carry out planning responsibility. (a)The Planning Commission shall serve as the Board of Appeals and Adjustment and shall exercise all the authority and perform all functions of said Board pursuant to Minnesota Statutes §§ 462.351 to 462.364 and operate according to the Fridley City Code. 4.Appeals and Requests (a)The Planning Commission shall hear and recommend to the City Council appeals or requests in the following cases according to the procedures established in Chapters128 and 205 of Fridley CitythisCode:and Chapter 205.06 of the Fridley Zoning Code: 37 Jufn!4/ Exhibit A (1)Appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by a City compliance official in the enforcement of the City Code,Zoning Code, Sign Code, Residential Licensing Code,or State Building Code. (2)Requests for variances from the literal provisions of the Zoning Code or Sign Codein instances where strict enforcement would cause practical difficulties due to circumstances unique to the individual property under consideration. 5.Membership of Planning Commission The Planning Commission shall consist of the Planning Commission chairperson, the chairperson of the Parks and Recreation Commission, the chairperson of the Environmental Quality and Energy Commission, and four membersatlarge. The chairperson of the Planning Commission and four members at large shall be appointed by the City Council to serve for three-year termsas voting members of the commission. The City Council shall stagger the appointments so that no more than two of these appointments shall expire in any one year. Nothing herein shall prohibit any of these four Planning Commission members from serving on other commissions; however, none of these five shall be elected as chairperson or vice-chairperson of any other the member commissions. a.The Planning Commission members serve as chairperson of the member commissions and are appointed according to provisionsoutlined in the ordinance establishing each member commission. b.The Planning Commission shall each year, from their members choose a vice chairperson. At any meeting of the Planning Commission, if the regular chairperson is unable to attend, the vicechairperson shall act as chairperson. c.At any meeting of the Planning Commission, if any commission member is unable to attend, the vicechairperson of his/her member commission(s) may serve in his/her stead. 6.04 105.04Parks and Recreation Commission 1.Commission Established There is established a Parks and Recreation Commission for the City. 12.Purpose The Parks and Recreation Commission is established to promote the systematic and comprehensive development of park facilities and recreational activities necessary for the physical, mental and emotional health and well-being of the residents of the CityofFridley. 38 Jufn!4/ Exhibit A 23.Scope (b)(a)The Parks and Recreation Commission shall act as an advisory commission to the Planning CommissionCouncilfor continuous community planning and development of comprehensive City goals and policies. Any change in related community planning and comprehensive City goals and policies must be reviewed by the Planning Commission who will then make recommendations to the City Council. (c)(b)The Parks and Recreation Commission shall advise the City Council, after a policy review by the Planning Commission,in the development of programs to give increased effectiveness and direction in implementing established City goals and policies and recommend actions as needed to provide park and recreational opportunities. 34.Program The Commission shall each year, prior to June 1, recommend a capital improvement investment program for park improvement and acquisition and for public recreation activities for the ensuing year. 45.Funds For the purpose of financing the parks and recreation programsauthorized by this Chapter, the accounting shall be the responsibility of theTreasurer of the CityCity Treasurer. The Commission shall be authorized to establish charges or fees for the restricted use of any facility or to make any phase of the recreation program wholly or partially self-sustaining. Any employees who handle cash in the process of collection shall be bonded. 6.05.105.05Environmental Quality and Energy Commission 1. Commission Established There is established an Environmental Quality and Energy Commission for the City. 12.Purpose The Environmental Quality and Energy Commission is established to stimulate interest in and to promote an awareness of environmental and energy concerns among citizens and businesses of the Cityof Fridley;.It will to serve as a resource to the City in the conservation and management of energy and the environment, including information on environmental problems, laws, policies, and regulations of the county, metropolitan, state, and federal levels to the extent of their effect on Fridley;and to advise the City Council, the City Manager, and other appropriate City commissions on matters pertaining to conservation and management of energy and the environment, including the review and recommendation of programs and policies within the City. 39 Jufn!4/ Exhibit A 23.Scope (a)The Environmental Quality and Energy Commission shall act as an advisory commission to the Planning CommissionCouncilfor continuous community planning and development of the comprehensive City goals and policies. Any change in related community planning and comprehensive City goals and policies must be reviewed by the Planning Commission which will then make recommendations to the City Council. (b)The Environmental Quality and Energy Commission shall advise the City Council, after a policy review by the Planning Commission,in the development of programs to give increased effectiveness and direction on implementing established City goals and policies, and recommend actions as needed relevant to the conservation and management of environmental and energy resources. 1.The membership of the Environmental Quality and Energy Commission shall consist of seven residents appointed by the City Council. Section 7 Ethics Fridley City Code Chapter 5.106Ethics 5.01.106.01 Policy and DefinitionsPurpose 1.General Declaration of Policy. It is necessary that all persons acting in the public service not only maintain high standards of ethical conduct in their transaction of public business but that such standards be clearly defined and known to the public, as well as to the persons acting in public service. In recognition of this goal, there is hereby established a Code of Ethics for public officials, elected and appointed, and for top level City employees. The purpose of this Code Chapter is to establish ethical standards of conduct for such officials and City employees by setting forth those acts or actions that are incompatible with the best interests of the City of Fridley (City) and by directing disclosure by such persons of private, financial or other interests in matters affecting the City. 2.106.02 Definitions Financial Interest: Ownership of more than 10% of any of the following: (1) The outstanding stock in a corporation; (2) An interest in a partnership, proprietorship, or otherbusiness entity; or (3) An interest in real property. Financial interest shall apply to real or personal properties owned by the person making the disclosure and by said person's spouse. 3: Jufn!4/ Exhibit A Personal Interest: Whenever a person required to make a disclosureunder this Code of Ethics Chapter shall be associated with a business as an employee, officer, director, trustee, partner, advisor or consultant. Top Level City Employees: the City Manager, the City Attorney,Ddepartment heads Directors, City Clerk, Chief Building Official, and any other City employees designated by the City Manager. 5.02.106.03Scope of Persons Covered The provisions of this Chapter shall be applicable to all members of the Fridley City Council(Council), and the following advisory bodies: Planning Commission, Community Development Commission, Appeals Commission, Parks and Recreation Commission, Environmental Quality and Energy Commission, Human Resources Commission, Cable Television Commission, Housing and Redevelopment Authorityand Energy Commission, and all employees of the City. 5.03.106.04Fair and Equal TreatmentStandards of Conduct 1.Subject to the provisions of Section 5.03.2no person covered by this Chapter shall participate in the discussion of, or vote on, any issue in which he or she has any financial interest. Also subject to Section 5.03.2, no top-level City employee shall recommend, advise, or in any manner influence the vote of the City Council or an advisory body on any issue in which he or she has a financial interest.Pursuant to Minnesota Statute (M.S.)§ 471.87an officer of the City who is authorized to approve or administer any sale, lease, or contract shall nothave a personal financial interest in that sale, lease, or contract, except those authorized by M.S. § 471.88. 2.No person covered by this Chapter shall take any official action with respect to a matter in which he or she has a financial or personal interest, provided that participation in the decision making process on his or her behalf as a private citizen shall not be proscribed by this Chapter and provided further that he or she may participate in matters leading up to or preliminary to official action to the extent that he or she disclosed any such direct financial or personal interest as he or she may have in the same and to the extent that he or she has no discretion to make a final controlling judgment or vote on the same. Disclosure of any such financial or personal interest shall be made to the Council, commission, board or committee of which the person is a member or, in the case of a top-level City employee, to the City Manager, when the item appears on the agenda. Such disclosure shall be recorded in the minutes and shall become a matter of public record. 32.No person covered by this Code of Ethics Chapter shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City, nor shall he or she use such information to advance the financial or other private interest of any person.A former official shall not disclose or use any not public, privileged or proprietary information gained by any reason of their office or employment. 41 Jufn!4/ Exhibit A 43.No person covered by this Code of Ethics shall directly or indirectly solicit any gift or accept or receive any gift of substance, whether in the form of money, services, loan, travel, entertainment, hospitality, promise or any other form, under circumstances in which it could be reasonably inferred that the gift was intended to influence him or her or could reasonably be expected to influence him or her in the performance of official duties or was intended as a reward for any official action on his or her part. The provisions of this Subdivision shall not apply to political gifts that conform to the limitations prescribed by Minnesota Statutes for said gifts.No person covered by this Chapter shall directly or indirectly receive any compensation, gift, reward, provided by law. 5.Except as specifically authorized by Section 471.88 of the Minnesota Statutes, no person covered by this Code of Ethics who is authorized to take part in any manner in making any sale, lease or contract inhis or her official capacity shall have a direct financial interest in that sale, lease or contract or personally benefit financially therefrom. 5.04.106.05Public Disclosure by City Council 1.Each member of the City Council shall file, as a public record in the office of the City Clerk, a signed statement disclosing the following: (a)A list of the names of all business corporations, partnerships and other business enterprises or governmental agencies doing business with the City of Fridley or located within the Cityof Fridley: (1)with which he orshe has they have a financial interest, or (2)with which he or she has they have a personal interest; (b)A list of the non-homestead real property located within the City of Fridley in which he or she currently has they have a financial interest; (c)A list of the non-homestead real property located within the City of Fridley in which he or she they had a financial interest within the preceding three years; (d)A list of the names and nature of business, of all corporations, partnerships and other business enterprises with which he or she hasthey havea financial interest and in which he or shetheyknowsone or more other persons covered by thisCode of Ethics Chapter also have a financial interest in said enterprise. This list shall indicate the name or names of such other person or person(s)having such interest in said enterprise. 42 Jufn!4/ Exhibit A 2.Each person who files as a candidate to become a member of the City Council or is filed as a candidate for City Council, at the time of filing as a candidate, shall file the disclosure statement required by this Section. 32.Within 30 days after each anniversary date of an initial filing, each person required to make such a filing under this Section shall file a new disclosure statement setting forth the information required hereby as of the time of the new statement. 43.Material changes in financial interest or in positions held shall be disclosed by filing an amended disclosure statement within 30 days after such interest is obtained or such changed position occurs. 5.05.106.06Public Disclosure by Members of Advisory BodiesCommissions 1.Each member,and each applicant for membership of anyadvisorycommission or committee shall file, as a public record in the office of the City Clerk, a signed statement disclosing the following: (b)(a)A list of names of all business corporations, partnerships and other business enterprises or governmental agencies doing business with the City of Fridley or located within the Cityof Fridley: (1)with which he or she hasthey havea financial interest, or (2)with which he or she hasthey have a personal interest; (c)(b)A list of the non-homestead real property located within the City of Fridley in which he or she currently hasthey havea financial interest. 2.Each person who is appointed or reappointed to an advisory body which is included in this Code of Ethics Chapter shall file the disclosure statement within thirty (30)days of such appointment. 3.Material changes in financial interest or in positions held shall be disclosed by filing an amended disclosure statement within thirty (30)days after such interest is obtained or such changed position occurs. 5.06.106.07Public Disclosure by Top Level City Employees, Except the City Attorney 1.The City Manager, department heads and other employees designated by the Manager, except the City Attorney, shall annually file as a public record in the office of the City Clerk, a signed statement disclosing the following information: 43 Jufn!4/ Exhibit A (b)(a)A list of names of all business corporations, partnerships and other business enterprises or governmental agencies doing business with the City of Fridley or located within the Cityof Fridley: (1)with which he or she has they have a financial interest, or (2)with which he or she has they have a personal interest. (c)(b)A list of the non-homestead real property located within the City of Fridley in which he or she currently has they have a financial interest; (d)(c)A list of the names and nature of business, of all corporations, partnerships and other business enterprises with which he or she has they have a financial interest and in which he or she they know one or more other persons covered by this Code of Ethics Chapter also having a financial interest in said enterprise. This list shall indicate the name or names of such other person or person(s)having such interest in said enterprise. 2.Each newly hired manager or department headtop level employee, except the City Attorney, shall within 30 days of the hiring date and annually thereafter, file the disclosure statement required by this Section. 3.Material changes in financial interest or in positions held shall be disclosed by filing an amended disclosure statement within 30 days after such interest is obtained or such changed position occurs. 5.07.106.08Public Disclosure by City Attorney 1.The City Attorney shall annually file, as a public record in the office of the City Clerk, a signed statement disclosing the following information: (a)A list of names of all business corporations, governmental agencies, companies, firms or partnerships and other business enterprises doing business with the City of Fridleyor located within the City of Fridleyin which he or she hasthey haveany financial interest, except that clients of the City Attorney's private law practice shall be excluded from the list, provided that no other business relationship except that of attorney/client exists;.and (b)A list of the non-homestead real property located within the City of Fridley in which he or shetheycurrently has have a financial interest. 2.The City Attorney, or members of his or hertheirlaw firm, shall not appear before the City Council, commissionor committee for the purpose of representing any client, except the City of Fridley or employees of the Cityof Fridley, when such latter representation is in connection with their official duties as City employees. 44 Jufn!4/ Exhibit A 3.Any person who is appointed or hired as City Attorney shall, within thirty (30)days of said appointment, and annually thereafter, file the disclosure statement required by this Section. 4.Material changes in financial interest or in property holdings shall be disclosed by filing an amended disclosure statement within thirty (30)days after such change occurs. 5.08.106.09Exclusions This Code of Ethics Chapter shall not be construed to require filing of information relating to any person's connection with, or interest in, any professional society or any charitable, religious, social, fraternal, recreational, public service, civic or political organization, or ofany similar organization not conducted as a business enterprise, nor shall disclosure be required hereby where prohibited by professional or business association ethics promulgated by any State governmental agency. 5.09.106.10Method of Filing The City Manager shall inform each person required by the Code of Ethics this Chapter to file a disclosure statement and the time and place for filing. The City Clerk shall prepare the necessary forms for the disclosure statements. The City Manager shallmake available to the City Council or individual council members, copies of all disclosure statements filed within fourteen (14)days after said filing. The City Manager shall notify the City Council whenever a person who is required by this Chapter to file a disclosure fails to do so. 5.10.106.11Violations Any violation of the provisions of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of the Fridley City Code. The City An official must report any conduct by other local officials that they believe violates this Chapter. Section 8 Fridley City Code Chapter 905. Adoption by Reference 905.01. Requirement Where codes, ordinances, rules or regulations have been adopted by reference in any section of this Code, three (3) copies of such codes, ordinances, rules or regulations shall be filed by the City Clerk in such Clerk's office for inspection and use by thepublic and each copy shall be marked with the words "City of Fridley, Anoka County, Minnesota -Official Copy". 45 Jufn!4/ Exhibit A Passed and adopted by the City Council of the City of Fridley on this xxday of Month, 2022. ______________________________________ Scott J. Lund -Mayor ______________________________________ Melissa Moore -City Clerk Public Hearing: xx First Reading: xx Second Reading: xx Publication:xx 46 Jufn!4/ Exhibit B PUBLICNOTICE Notice of Public Hearing Fridley City Council Notice is hereby giventhat the City Council of the City of Fridley willhold a public hearing on February 28, 2022at 7:00 pm at Fridley City Hall, 7071 University Avenue N.E.The public hearing will consider Ordinance No. 1399, Amending the Fridley City Code Chapters Titled Adoption of Code, Rules of Construction, Legislative Body, Commissions, Definitions, Severability, Ethics and Adoption by Reference.Any person desiring to be heard shall be given an opportunity at the above stated time and place. Or, comments may be submitted before the meeting tomelissa.moore@fridleymn.govor 7635723523. Published: February 17, 2022 Star Tribune. 47 Jufn!5/ AGENDA REPORT Meeting Date:February14, 2022 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Brandon Brodhag, Civil Engineer Title thth Resolution No. 2022-14, Requesting No Parking Designation on Portions of 7Street and 57Avenue N.E. Background ththth The 7Street and 57Avenue TrailProject No. ST2022-21 includes a new trail along the eastside of 7 rdstth Streetfrom 53Avenueto 61Avenue and on the north side of 57Avenue from Trunk Highway 47 to th 7Streetwhich is currently being designed(Exhibit A). The project will include relocation of the existing thth curb on the eastsideof 7Street and on the north side of 57Avenueto accommodatethe new trail. rdth Existing parking lanes on the eastside of 7thStreet will be eliminated from 53Avenueto 59Avenue ththth and on the north side of 57Avenue from 4Street to 7Street. The project will have no changes on ththst parking near the hion 7Street from 59Avenue to 61Avenue. There still will be parking on the opposite side of these street segments and on sidestreets adjacent to thesecorridors. This proposed elimination of parking has been presented in twoprior neighborhood meetings on the project, with and acceptance for the change and no serious concerns expressed. Financial Impact There is no financial impact to the proposed parking prohibition. Funding for this project is derived from several sources including Federal Funding received through a Regional Solicitation Grant, Municipal State AidStreetfunding, and Utility CIP funds. Recommendation Staff recommendsthe approval of Resolution No. 2022-14. Focus on Fridley Strategic Alignment x Vibrant Neighborhoods & PlacesCommunity Identity & Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2022-14 Exhibit A: Project location map Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 48 Jufn!5/ Resolution No. 2022-14 thth Requesting No Parking Designation on Portions of 7 Street and 57 Avenue thth Whereas, the City of Fridley is currently completing construction plans for the 7 Street and 57 th Avenue Trail Project No. ST2022-21, including the addition of a trail on the east side of 7 Street from rdstthth 53 Avenue to 61 Avenue and on the north side of 57 Avenue from Trunk Highway 47 to 7 Street; and th Whereas, these changes will require elimination of parking lanes on the east side of 7 Street and th on the north side of 57 Avenue, respectively; and Whereas, ample off-street, across-street, and side-street parking is available adjacent to these thth segments of 7 Street and 57 Avenue; and Whereas, this parking lane elimination has been presented to stakeholders at prior meetings, and any concerns have been responded to. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves: thth 1.!The City Council designates the east side of 7 Street as No Parking along the east side of 7 rdth Street between 53 Avenue to 59 Avenue; and th 2.!The City Council designates the north side of 57 Avenue as No Parking along the north side of ththth 57 Avenue between 4 Street and 7 Street; and 3.!The Public Works Department install signage in accordance with the parking prohibitions listed above in conjunction with the construction of Project ST2022-21. th Passed and adopted by the City Council of the City of Fridley this 14 day of February, 2022. _______________________________________ Scott J. Lund Mayor Attest: Melisa Moore City Clerk 49 Jufn!5/ No Parki North side of 57th Avenue from 4th Street to 7th Street East Side of 7th Street from 53rd Avenue to 59th Avenue Date Created: February 07, 2022 4: Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. Jufn!6/ AGENDA REPORT Meeting Date:February14, 2022 Meeting Type:City Council Submitted By:Mike Maher, Director Community Services Title: Resolution No. 2022-15,Accepting Memorandum of Understanding with Anoka County for Statewide Health Improvement Partnership (SHIP)Grant to Purchase Bicycle Fleet and Enclosed Trailer Background The City of Fridley has an opportunity to accept an Anoka County Statewide Health Improvement Partnership (SHIP) grant in the amount of $30,000 for a bicycle fleet and enclosed trailer to transport the bikes. The Springbrook Nature Center and Fridley Parks and Recreation teams have completed a study of possible programs, events and services that could be accomplished through a mobile bike fleet, which would be sized to accommodate users ranging from about age eight through adult.Bikes would be stored in the enclosed trailer and would be used exclusively for organized programs and events. Financial Impact Nominal costs would be required to maintain the bike fleet including the occasional replacement of parts and components of the bicycles as well as annual tune-ups. Expected annual maintenance costs, depending upon where bikes are purchased, may be included for up to two years. We would incorporate a $100 per bicycle per year maintenance budget after the initial warranty and service period. Recommendation Staff recommend the approval of Resolution No. 2022-15. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods &Places X Community Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution 2022-15 Accepting Memorandum of Understanding with Anoka County for SHIP Grant to Purchase Bicycle Fleet and Enclosed Trailer Anoka County SHIPGrant Memorandum of Understanding Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 51 Jufn!6/ Resolution No. 2022-15 Accepting Memorandum of Understanding with Anoka County for Statewide Health Improvement Partnership (SHIP) Grant to Purchase Bicycle Fleet and Enclosed Trailer Whereas, the City of Fridley (City) Community Services Department, including both Fridley Parks and Recreation Division and Springbrook Nature Center seeks to offer diverse recreational opportunities to the community; and Whereas, Fridley residents have expressed interest in expanded educational opportunities related to cycling, bike commuting and use of local and regional trail systems; and Whereas, the City has opportunity to accept an Anoka County Statewide Health Improvement Partnership (SHIP) grant for reimbursement of up to $30,000 for the purchase of a bicycle fleet and enclosed travel trailer; and Whereas, the Community Services Department has developed a slate of creative and engaging program ideas for utilization of a bike fleet to serve residents from upper elementary school age through adults; and Whereas, the Fridley City Council has been presented with a memorandum of understanding, which is to serve as a grant agreement with Anoka County for acceptance of a SHIP grant for a City bicycle fleet and travel trailer. Now, therefore be it resolved, that the City Council of the City of Fridley hereby accepts the memorandum of understanding and authorizes City staff to enter into agreement with Anoka County to accept the SHIP grant. th Passed and adopted by the City Council of the City of Fridley this 14 day of February, 2022. _______________________________________ Scott J. Lund Mayor Attest: ________________________________________ Melissa Moore City Clerk 52 Jufn!6/ December 28, 2021 City of Fridley Attn: Mike Maher 7071 University Ave NE Fridley, MN 55432 Dear Mr. Maher: Enclosed is your 2021/2022 contract with Anoka County. Please review the contract and complete the signature portion using DocuSign. If applicable and ready, please attach the necessary insurance information using the attachment link in the DocuSign document. If insurance is not ready and you will be sending this information at a later date, please send to: Angie Rodine Angela.Rodine@co.anoka.mn.us or County of Anoka 2100 3rd Avenue, 5th Floor Anoka, MN 55303 PLEASE NOTE: The following information is required as part of your contract. If the contract is signed and executed without receiving this information in a timely manner, it may be referred to the County AttorneyÓs Office for possible Breach of Contract and/or payments may be withheld until information is received. CERTIFICATE OF LIABILITY INSURANCE - Required No insurance information is needed for this contract. CONTRACTOR INFORMATION SHEET - Required Please update/complete and sign this page and return with your contract. DocuSign will automatically forward a copy of the signed contract to you, once completed. If you have questions regarding the contract, please call your Contract Manager, Laurie Brovold, at 763-324-4202. Sincerely, Angie Rodine Administrative Secretary, Planning and Operations Support Services Meeting PeopleÓs Needs Through Quality Service s Community Social Services & Behavioral Health Government Center 2100 3rd Avenue N, STE 500 Anoka, MN 55303-5049 53 PHONE: 763-324-1400 FAX: 763-324-1110 Affirmative Action / Equal Opportunity Employer Jufn!6/ Anoka County Contract #C0009030 STATEWIDE HEALTH IMPROVEMENT PROGRAM MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by Anoka County, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303 (ÐCountyÑ), and City of Fridley, 7071 University Ave NE, Fridley, MN 55432 (Contractor). RECITALS: (1) As Grantee, County has accepted grant funds from, and entered into a Grant Agreement with, the Minnesota Department of Health based on GranteeÓs Work Plan. (2) County included grant activities associated with implementing policies and practices that result in development of Community Active Living strategies. (3) Contractor represents that it is qualified and willing to furnish these services. (4) County wishes to establish a Memorandum of Understanding (MOU) with Contractor for these services. It is agreed and understood as follows: 1. TERM 1.1 The term for this Memorandum of Understanding begins on 11/1/2021 and ends on 10/31/2022, regardless of date of signature. 2. JOINT EFFORT 2.1 County and Contractor will work together to increase opportunities for physical activity, especially biking for residents visiting the local park system. 2.2 Activities may be guided by input from the Community Leadership Team. 2.3 County and Contractor staff agree to meet jointly as needed to resolve issues that may arise. 2.4 Activities will be developed based on SHIP guidelines. 3. COUNTY RESPONSIBILITIES 3.1 County agrees to: 3.1.1 Provide technical assistance and support. 3.1.2 Reimburse Contractor for purchase of a bike fleet including appropriate storage, tools and accessories in an amount not to exceed $30,000. 4. CONTRACTOR RESPONSIBILITIES 4.1 CONTRACTOR agrees to: Њ 54 Jufn!6/ Anoka County Contract #C0009030 4.1.1 Purchase bike fleet and related supplies. 4.1.2 Have dedicated staff to work with County and provide services described in Attachment A. 4.1.3 Activities and services will be developed based on SHIP guidelines. 4.1.4 Assist County with any documentation, evaluation and reporting necessary. 4.1.5 Retain possession of bike fleet and related supplies and continue ongoing maintenance, upkeep and access. Ћ 55 Jufn!6/ Anoka County Contract #C0009030 CONTRACTOR having signed this Contract and the proper County officials having signed this Contract, the parties agree to be bound by its provisions. COUNTY OF ANOKA CONTRACTOR By: ______________________________ By: _______________________________ Cindy Cesare Human Services Division Manager Print Name: _________________________ Dated _______________________________ Title: _______________________________ Dated: ______________________________ By: ______________________________ Rhonda Sivarajah County Administrator APPROVED AS TO FORM: ___________________________________ Assistant Anoka County Attorney Ќ 56 Jufn!6/ Anoka County Contract #C0009030 Attachment A Scope of Services Active Living: Active living integrates physical activity into daily routines such as walking or bicycling for recreation, occupation, or transportation. Active Living policies and practices in community design, land use, site planning, and facility access have proven effective to increase levels of physical activity. SHIP activities include: Comprehensive plans that include active living as an important component of local governments' overall infrastructure, land use, zoning and transportation planning. Active living assessment that includes a baseline assessment of active living opportunities in the community. Assessment activities could include review of current comprehensive plan and relevant policies, identifying gaps in access or service. It could also include assessments focused on a specific activity, such as how bicycle friendly a community is. Master plans and feasibility studies that provide a framework to increase access to safe walking and bicycling options. Community engagement is public participation that involves groups of people in problem- solving and decision-making process. The engagement should emphasize participation from target populations, such as seniors, diverse groups and low-income populations. Examples of community engagement includes: community meetings, key informant interviews, focus groups and walkability and bikeabilty workshops. To support active living in the community setting, Anoka County SHIP will reimburse the City of Fridley up to $30,000 for a mobile bike fleet and appropriate storage, tools and accessories. Deliverables: The City of Fridley will Have dedicated staff to champion and coordinate SHIP grant activities. Within the action plan(s) create an organizational plan that includes community engagement, communication, and goals to achieve desired outcomes within the areas of Policy, Systems, and Environmental (PSE) changes. Assist in developing a budget Conduct community engagement related to healthy communities Facilitate walk and/or bicycle friendly communities' assessments, identification of activities to increase walkability and bikeability for residents and safe routes to parks, development of action plans, which will include steps for implementation, evaluation and maintenance of Policy, Systems, and Environmental (PSE) change Work with Anoka County SHIP staff and/or Coordinator to o Identify activities to increase bikeability in the City of Fridley o Receive required financial approval as necessary Reduce financial barriers to participation of bicycle fleet programming, such as, but not limited to: offering scholarships, waiving fees, and/or offering free community programs Facilitate and assist with Anoka County SHIP team on reporting and evaluation, which may include, but it not limited to bike/pedestrian counts, participant attendance counts, photo/video documentation and/or surveys of participants on their interaction and experience with the bike fleet. Ѝ 57 Jufn!6/ C0009030 Contract# ___________________ ANOKA COUNTY HUMAN SERVICES CONTRACTOR INFORMATION SHEET Please review the following information for accuracy and Angie Rodine Anoka County Human Services completeness, indicate any changes, sign and return to: rd 2100 3 Ave, Suite 500 Anoka, MN 55303 Fridley, City of LEGAL NAME FOR CONTRACTOR: ____________________________________________________________ (Legal name and name on Certificate of Insurance must be exactly the same in order for County Signatures to be obtained on the Contract.) Fridley, City of Doing Business As: ____________________________________________________________ 7071 University Ave NE Business/Corporate Address: ____________________________________________________________ Fridley, MN 55432 ____________________________________________________________ ____________________________________________________________ National Provider Identification (NPI) #: ______________________________________________________ 41-6007700 Federal Tax Identification #: ______________________________________________________ NOTICE: Federal Business Tax ID/Social Security Number is needed for tax purposes as mandated by Section 1211 of the Tax Reform Act of 1976 and Minn. Stat 270.66. This information will be shared with the Minnesota Department of Revenue, the Minnesota Department of Human Services, the Internal Revenue Service, and the U.S. Department of Health, Education and Welfare for the purposes of administering the income tax, child support obligation and social security tax programs. Individual who Contractor is designating to receive notice under the contract and to act as the responsible authority for data requests under the Minnesota government data practices act (Minn. Stat. Chap. 13): Name: Phone: Fax: Email: Rachel Workin763-572-3594763-571-1287 rachel.workin@fridleymn.gov _____________________ _______________ _______________ ______________________________ Signature (Required): _______________________________________ Date: ________________________ Insurance Agency: _____________________________ Name of Agent: ___________________________ Telephone Number of Insurance Agent: _______________________________________ Person Completing this Form: Name:___________________________________ Title:____________________________________ Phone: ____________________ Fax:___________________ Email: _____________________________ 58 Jufn!7/ AGENDA REPORT Meeting Date:February 14, 2022 Meeting Type:City CouncilMeeting Submitted By:Rebecca Hellegers, Director of Employee Resources Title ResolutionNo. 2022-16, Approvingand Authorizing Signing an Agreement with Patrol Officers (Local #119) for the City of FridleyPublic Safety Department for the Years 2022, 2023, and 2024 Background Athree-year tentative agreement has been reached between the City of Fridley (City) and the Police Local #119) for the contract years 2022, 2023, and 2024.At 32 members,it is the largest unit in the City. The City and L.E.L.S Local #119entered negotiations this winter,and both parties reached what we believe is a positive and fair settlement. The Labor Market for this group has experienced wide fluctuations in settlements due to many social factors and a very low supply of labor. Negotiations were positive and collaborative. The unit has taken a vote and have approved the tentative agreement, which is summarized below. Summary of Changes 1.Article 39Duration: Three contract years (2022-2024). 2.Article 17 Insurance: Employees in this bargaining unit will receive the same insurance benefit package as all other city employees, which includes the health, dental, life, and disability insurance and alternatives (cash option or benefit leave). Havingthe same benefit package for all city employees has been a long-standing pattern and valued practice at the City andremains an important strategy in maintaining fairness between all groups. 3.Article 22 Wages: Both parties agree to a general increase of 3% plus a $.50/hour market wage adjustment for 2022, a general increase of 3% plus a $.50/hour market wage adjustment for 2023, and a general increase of 3% for 2024.The market adjustment is compensation study. 4.Article 26 Wellness Leave: Employees in this bargaining unit will be awarded 48 hours of Wellness Leave at the start of the calendar year for participation in the Public Safety Wellness Program, which includesspecific goals that address overall wellness for law enforcement professionals. They will not be required to earn the benefit in advance. Approximately 80% of the members currently earn the benefit so the impact to scheduling is minimal. They will no longer be eligible to participate in the City-wideWellness Programwhich reduces City costs. Wellness Leave hours must be used in the calendar year in which they are awarded, and unused hours after December 31 of the year will be Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 59 Jufn!7/ forfeited. Wellness Leave hours will be pro-rated at 1.846 hours per pay period for those who leave employment prior to the end of the year, or for those who start employment after the start of the year. Financial Impact The costs for the proposed contract for 2022-2024 are estimated at $33,280. This amount reflects what was not already budgeted in the 2022 General Fund. The Department will need to offset costs in other areas to assure a balanced budget. The amount is manageable based on previous year-end balances. In 2023 and 2024, amounts will be adjusted according to the provisions of the contract. In 2021, regular base wages for patrol officers were $2,642,405 for 32 officers. Recommendation Staff recommend the approval of Resolution No. 2022-16. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources !Resolution No. 2022-16 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 5: Jufn!7/ Resolution No. 2022 - 16 Approving and Authorizing Signing an Agreement with Patrol Officers for the City of Fridley Public Safety Department for the Years 2022, 2023 and 2024 Whereas, the Law Enforcement Labor Services, Inc. as bargaining representative of the Police Patrol Officers, Local #119, of the City of Fridley (Union), has presented to the City of Fridley (City) various requests relating to the wages and working conditions of Police Patrol Officers of the Public Safety Department of the City; and Whereas, the City presented various requests to the Union and to the employees relating to wages and working conditions of Police Patrol Officers of the Public Safety Department of the City; and Whereas, representatives of the Union and the City have met and negotiated in good faith regarding the requests of the Union and the City; and Whereas, representatives of the Union and the City were able to reach an agreement to settle the 2022, 2023 and 2024 contract; and Whereas, the 2022, 2023 and 2024 contract is the result of that collective bargaining process. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves said agreement and the Mayor and the City Manager are hereby authorized to execute the Agreement relating to wages and working conditions of Police Patrol Officers of the City of Fridley. th Passed and adopted by the City Council of the City of Fridley this 14 day of February, 2022. ________________________________________ Scott J. Lund Mayor Attest: ________________________________________ Melissa Moore City Clerk 61 Jufn!8/ AGENDA REPORT Meeting Date:February 14,2022 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Resolution No. 2022-13,Approving Claims for the Period Ending February 9, 2022 Background Attached is Resolution No. 2022-13and the claims report for the period ending February 9, 2022. Financial Impact Included in the budget. Recommendation Staff recommend adopting Resolution No. 2022-13. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2022-13 City Council Claims Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 62 Jufn!8/ Resolution No. 2022-13 Approving Claims for the Period Ending February 9, 2022 Whereas, Minnesota Statute § 412.271 generally requires the City Council to review and approve claims for goods and services prior to the release of payment; and Whereas, a list of such claims for the period ending February 9, 2022, was reviewed by the City Council. Now, therefore, be it resolved, that the City Council of the City of Fridley hereby approves the payment of the claims as presented. th Passed and adopted by the City Council of the City of Fridley this 14 day of February, 2022. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 63 Jufn!8/ 64 Jufn!8/ 65 Jufn!8/ 66 Jufn!8/ 67 Jufn!8/ 68 Jufn!8/ 69 Jufn!8/ 6: Jufn!8/ 71 Jufn!8/ 72 Jufn!8/ 73 Jufn!8/ 74 Jufn!8/ 75 Jufn!8/ 76 Jufn!8/ 77 Jufn!8/ 78 Jufn!8/ 79 Jufn!8/ 7: Jufn!8/ 81 Jufn!8/ 82 Jufn!8/ 83 Jufn!8/ 84 Jufn!8/ 85 Jufn!8/ 86 Jufn!8/ 87 Jufn!8/ 88 Jufn!8/ 89 Jufn!8/ 8: Jufn!8/ 91 Jufn!8/ 92 Jufn!8/ 93 Jufn!8/ 94 Jufn!8/ 95 Jufn!8/ 96 Jufn!8/ 97 Jufn!8/ 98 Jufn!8/ 99 Jufn!8/ 9: Jufn!8/ :1 Jufn!8/ :2 Jufn!8/ :3 Jufn!9/ AGENDA REPORT Meeting Date:February 14, 2022 Meeting Type:City Council Submitted By:Paul Bolin, Assistant Executive Director Housing and Redevelopment Authority Title Ordinance No. 1398, Public Hearing and First Reading to Establish Innsbruck North Housing Improvement Area Background In 1996, the Minnesota State Legislature adopted Statutes 428A.11 428A.21 to provide cities with a means of assisting common interest communities (CIC) with financing improvements to common areas. A Housing Improvement Area(HIA)is a designated portion of the Cityof Fridley (City)in which housing improvements are financed with public funds. The public financing is then repaid through fees imposed against the benefitting housing units, in the form of a fee that gets paid yearly with their taxes. The process is similar to collecting special assessments. Appropriate capital improvements, according to the law, include any common elements of the property finance improvements themselves. In the middle of 2017, the Innsbruck North Townhome Association (INTA) started inquiring about the potential of having the City establish a HIA to finance common area improvements needed in their development. In early 2021, INTA submitted a preliminary application, and in November of 2021 submitted a complete application along with the petition and signatures needed to move their request forward. What are the steps to creating the HIA? To create a HIA, a completed application and petition requesting a public hearing must be presented to the City Clerk, containing the signatures of at least 60% of the affected property owners. INTA submitted a petition with signatures from 75% of the owners. Before adopting the Ordinance creating the HIA, the City must hold a public hearing at which the proposed improvements, proposed fees, affected housing units, and the exempt units are listed. This public hearing is scheduled . Official Publication (Exhibit A) and affected property owners were notified of the hearing (Exhibit B) and may testify at the hearing. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. :4 Jufn!9/ The ordinance creating the HIA must be adopted within six months of the public hearing. The first reading of the ordinance was set for this evening and the second reading of the ordinance will occur on th February 28. In the 45 days after the second reading of the ordinance (April 19) If 45% cannot be established (see timeline on following page). As part of the application and required by statute, INTA developed a long-term plan to maintain the complex. The plan addressed operations, maintenance, and necessary capital improvements of the common elements and identified financing for the projects. The association also submitted a financial plan, prepared by an independent third party. An audited financial plan will be submitted annually, after implementation. What is the cost to residents of INTA? The construction cost of the improvements is approximately $5.6 million. INTA has secured a short-term construction loan for the project and the City will issue taxable general obligation bonds in October/November this year to pay off the construction loan. The anticipated bond amount is $6.055 million, which is approximately $447,000 more than the construction costs and includes bond issuance costs, City administrative fee, City soft costs for legal and financial and six months of capitalized interest. Interest on the bonds is anticipated to be approximately 4.22%. Based upon this bond amount and interest rate, the fee to be levied to the homeowners to repay the bond will be shared equally among the housing units pursuant to their association documents. The fee to be charged against each housing unit is estimated to be approximately $21,472. These fees th will be set and memorialized in a resolution scheduled for adoption on February 28 (Exhibit C). Homeowners will have until July 1, 2022 to prepay the fee, which will reduce the amount to be bonded for. If homeowners do not prepay by this date, the amount will be sent to the County for certification in late November and assessed starting in 2023 over the term set forth in the ordinance, which is 20 years. There is no option to pay off the amount in full after the ordinance goes into effect. To date, staff has only heard from one resident opposing the improvements (Exhibit D). Does the City have any risk? The risk to the City is minimal. The bonds are repaid by fees levied against the unit and paid as part of the annual property tax payments, just like special assessments. In addition, the interest charged on the bonds is 100 basis points above the True Interest Cost on the bonds and the overall fees to be paid are levied at 105% of annual debt service cost. This provides coverage on the bonds for the debt services payments and will start to build a reserve in the bond fund in case of late payments, etc. As part of the approval process, the City and INTA will enter into a development agreement which will outline many things including repayment of the bonds. The document will have provisions that if the assessments received are not adequate to make principal and interest payments on the bonds, the INTA has to provide the City whatever amount the payments were short by. It should be noted that communities that have utilized this financing mechanism have not had issues with collecting adequate assessments annually to make the debt service payments. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. :5 Jufn!9/ Financial Impact There is no negative financial impact to the City. In addition to receiving an administrative fee of 1% of the bond cost, the City will reimbursed for all of its actual costs. Recommendation Staff recommend the City Council conduct a public hearing and first reading of Ordinance No. 1398. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Ordinance No. 1398 !Exhibit A: Public Hearing Notice (Star Tribune) !Exhibit B: Public Hearing Notice (mailed to property owners) !Exhibit C: Draft Resolution No. 2022-xx, Approving a Housing Improvement Fee for Innsbruck North Housing Improvement Area !Exhibit D: Objection statements from INTA owners Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. :6 Jufn!9/ Ordinance No. 1398 Establishing Innsbruck North Housing Improvement Area The City Council (City Council) of the City of Fridley, Minnesota (City) hereby ordains: Section 1. Recitals 1.01. The City is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21, as amended (Housing Improvement Act), to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of such improvements are paid in whole or in part from fees imposed within the area. 1.02. The City has determined a need to establish the Innsbruck North Housing Improvement Area as further defined herein (Innsbruck North HIA), in order to facilitate certain improvements to property known as Innsbruck North Townhouses, all in accordance with the Housing Improvement Act. 1.03. The City has consulted with the Innsbruck North Townhouses Association (Association) and with residents in the Innsbruck North HIA regarding the establishment of such area and the housing improvements to be constructed and financed under this ordinance. Section 2. Findings 2.01. The City Council finds that owners of approximately 75% of the housing units within the Innsbruck North HIA (which exceeds the requirement for owners of at least 50% of the housing units pursuant to Section 428A.12 of the Housing Improvement Act) have filed a petition with the City Clerk requesting a public hearing regarding establishment of such housing improvement area. 2.02. On February 14, 2022, the City Council conducted a public hearing, duly noticed in accordance with the Housing Improvement Act, regarding adoption of this ordinance at which all persons, including owners of property within the Innsbruck North HIA were given an opportunity to be heard. 2.03. The City Council finds that, without establishment of the Innsbruck North HIA, the Housing Improvements (as hereinafter defined) could not be made by the Association or the housing unit owners. 2.04. The City Council further finds that designation of the Innsbruck North HIA is needed to maintain and preserve the housing units within such area. 2.05. The City will be the implementing entity for the Innsbruck North HIA and the Housing Improvement Fee (as defined in Section 5 below). :7 Jufn!9/ 2.06. The City Council further finds that by a resolution adopted by the City Council on the date hereof (Fee Resolution) and as provided herein, the City has provided full disclosure of public expenditures, loans, or other financing arrangements in connection with the Innsbruck North HIA (as required under Section 428A.13, subd. 1a(1) of the Housing Improvement Act). The Association expects to obtain temporary construction financing for the Housing Improvements through a bank and the City expects to refinance the temporary construction loan and provide permanent financing for the Housing Improvements by issuing taxable general obligation bonds primarily secured by the housing improvement fees imposed on unit owners within the Innsbruck 2.07. In accordance with Section 428A.13, subd. 1a(2) of the Housing Improvement Act, the City Council determines that the Association will contract for construction of the Housing Improvements. Section 3. Housing Improvement Area Defined 3.01 The Innsbruck North HIA is hereby defined as the area of the City legally described in Exhibit A attached hereto. 3.02. The Innsbruck North HIA contains 282 housing units as of the date of adoption of this ordinance, along with common areas. Section 4. Housing Improvements Defined 4.01. For the purposes of this ordinance and the Innsbruck North HIA, the term Housing Improvements shall mean improvements to common areas and the utility system of the Innsbruck North HIA within the Innsbruck North HIA including without limitation: Recreation Center improvements, including but not limited to HVAC work; exterior renovation; interior renovation; roof replacement, including gutters, downspouts and garage roof; replacement of windows and doors; pool improvements; handrail improvements. Property site and utility improvements, including but not limited to street, curb and gutter and driveway improvements and replacement; gutter and garage apron replacement; replacement of sanitary sewer, water and storm sewer mains; replacement of individual water and sewer lines; correct drainage issues; replace retaining walls; replace handrails; replace paths, sidewalks and steps; replace light poles, replace pedestal mailboxes; replacement of street and building signs; trash enclosure improvements; playground replacement. :8 Jufn!9/ 4.02. Housing Improvements shall also be deemed to include: (a) all costs of architectural and engineering services, overhead, and all similar soft costs in connection with the activities described in Section 4.01 hereof, including without limitation costs of a professional construction manager. (b) all administration, legal and consultant costs in connection with the Area, including without limitation all costs related to financing or issuance of bonds, if any; and (c) costs of financing the Housing Improvements under the Housing Improvement Act, including without limitation costs associated with the issuance of any general obligation bonds to finance the Housing Improvements and capitalized interest. Section 5. Housing Improvement Fee 5.01. The City may, by the Fee Resolution and in accordance with the hearing and notice procedures required under the Housing Improvement Act, impose a fee on the housing units within the Innsbruck North HIA, at a rate, term or amount sufficient to produce revenues required to provide the Housing Improvements (Housing Improvement Fee), subject to the terms and conditions set forth in this Section. 5.02. Any Housing Improvement Fee shall be imposed on the basis of the total cost of the Housing Improvements to be financed by the Housing Improvement Fee, divided by the number of housing units in the Innsbruck North HIA as of the date of the Fee Resolution. The City Council specifically finds that such allocation is more fair and reasonable than a fee based upon the tax capacity or square footage of each housing unit (i) because the Housing Improvements are to common areas as defined by the Innsbruck North Townhouses Association Corrected Fourth Amended and Restated Declaration, dated November 2, 2011 (Declaration) or part of a larger improvement project relating to the and such Declaration provides for an equal allocation to each unit of the costs for such improvements, (ii) the improvements to y systems and the cost for each unit line replacement is comparable; and (iii) because the nature of the Housing Improvements does not create a different benefit to different housing units on the basis of the tax capacity or square footage thereof. 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater than 20 years after the first installment is due and payable. 5.04. Any Housing Improvement Fee shall be prepayable as specified in the Fee Resolution. 5.05. The Fee Resolution may provide that any fee not prepaid by the housing unit owner shall be deemed to include interest on unpaid Housing Improvements costs at a rate not to exceed to 4.22% per annum. :9 Jufn!9/ 5.06. The Housing Improvement Fee shall be collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes, in accordance with Section 428A.15 of the Housing Improvement Act and Minnesota Statutes, Section 428A.05. As set forth in Section 428A. 14, subd. 2 of the Housing Improvement Act, the Housing Improvement Fee is not included in the calculation of levies or limits on levies imposed under any law or charter. 5.07. The Housing Improvement Fee shall not exceed the amount specified in the notice of public hearing regarding the approval of such fee; provided, however, that the Housing Improvement Fee may be reduced after approval of the Fee Resolution, based on the actual financing terms in the manner specified in such resolution. Section 6. Issuance of Bonds 6.01. The Association plans to finance the construction of the Housing Improvements with a temporary construction loan from a bank. 6.02. At any time after a contract with the Association for construction of all or part of the Housing Improvements has been entered into or the work has been ordered, the City may issue bonds in the principal amount necessary to finance the cost of the Housing Improvements by refinancing the construction loan obtained by the Association with general obligation bonds. Such financing shall be issued pursuant to and in accordance with Section 428A.16 of the Housing Improvement Act. Section 7. Annual Reports 7.01. On August 15, 2023 and each August 15 thereafter until the Housing Improvement Fee and all interest thereon is paid in full, any bonds issued have been repaid in full, and all Housing Improvement Fee revenues have been expended, the Association (and any successor in interest) shall be required to submit to the City, as the implementing entity, a copy of the Associations audited financial statements. 7.02. The Association (and any successor in interest) shall also submit to the City any other reports or information at the times and as required by any contract entered into between that entity and the City. Section 8. Notice of Right to File Objections 8.01. Within five days after the adoption of this ordinance, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Innsbruck North HIA: (a) a summary of this ordinance; (b) notice that owners subject to the proposed Housing Improvement Fee have a right to veto this ordinance if owners of at least 45% of the housing units within the Innsbruck North HIA file an objection with the City Clerk before the effective date of this ordinance; and (c) notice that a copy of this ordinance is on file with the City Clerk for public inspection. :: Jufn!9/ Section 9. Amendment 8.01. This ordinance may be amended by the City Council upon compliance with the public hearing and notice requirements set forth in Section 428A.13 of the Housing Improvement Act. Section 10. Effective Date 10.01. This ordinance shall be effective 45 days after adoption hereof, or on the date of publication of this ordinance, whichever is later, subject to the veto rights of housing unit owners under Section 428A.18 of the Housing Improvement Act. AYES: NAYS: Passed and adopted by the City Council of the City of Fridley on this 28th day of February, 2022. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk Public Hearing: February 14, 2022 First Reading: February 14, 2022 Second Reading: Publication: 211 Jufn!9/ EXHIBIT A Legal Description 212 Jufn!9/ 213 Jufn!9/ 214 Jufn!9/ 215 Jufn!9/ 216 Jufn!9/ Exhibit B City of Fridley Notice of Public Hearing NOTICE IS HEREBY GIVEN that the City Council of the City of Fridley, Minnesota (City) will hold a public hearing on Monday, February 14, 2022 at 7:00 p.m., or as soon thereafter as the matter may be heard at the City Council Chambers on the upper level of the Civic Center, 7071 University Avenue NE, Fridley, Minnesota, in response to a petition filed by at least 60% of the owners of the housing units of the Innsbruck North Townhouses Association under Minnesota Statutes, Sections 428A.11- 428A.21, as amended , as follows: 1.!Adoption of an ordinance establishing the Innsbruck North Housing Innsbruck North 2.!Adoption of a resolution imposing fees on housing units within the Innsbruck North HIA. If the Innsbruck North HIA is created, the City will work with the Association to facilitate various improvements to the housing units in the Innsbruck North HIA. The boundaries of the proposed Innsbruck North HIA are shown in the map below attached hereto as Exhibit A. Fees imposed on the owners of units within the Innsbruck North finance the improvements. Details regarding the hearing, the improvements, and the Housing Improvement Fees are as follows: 1. Persons to be heard: All persons owning housing units in the proposed Innsbruck North HIA that would be subject to the Housing Improvement Fees, and all other interested persons, will be given an opportunity to be heard at the hearing regarding the proposed Innsbruck North HIA and the Housing Improvement Fees. 2. Proposed Improvements: The proposed improvements include the following: Recreation Center improvements, including but not limited to HVAC work; exterior renovation; interior renovation; roof replacement, including gutters, downspouts and garage roof; replacement of windows and doors; pool improvements; handrail improvements. Property site and utility improvements, including but not limited to street, curb and gutter and driveway improvements and replacement; gutter and garage apron replacement; replacement of sanitary sewer, water and storm sewer mains; replacement of individual water and sewer lines; correct drainage issues; replace retaining walls; replace paths sidewalks and steps; replace light poles, replace pedestal mailboxes; replacement of street and building signs; trash enclosure improvements; playground replacement. 217 Jufn!9/ Exhibit B 3. Estimated Cost of Improvements to be paid in whole or in part by Housing Improvement Fees: The total loan amount is estimated to be no greater than $6,090,000. The project costs are estimated to be $5,607,840 for construction and soft construction costs, $351,610 for costs associated with bond issuance, rounding, capitalized interest and financing costs, and $95,550 for City administrative and financial costs. 4. Amount to be charged against each housing unit: The total costs will be allocated equally to each unit. Estimates of the Housing Improvement Fee to be imposed on each housing unit in the Innsbruck North HIA is $21,472 . Unless prepaid by July 1, 2022, interest on the per-unit fees will be charged at a rate of 4.22% per annum and the total estimated annual fee if not prepaid for each housing unit is equal to $1,690.95 . Final Housing Improvement Fees may not be more than the amounts described in this paragraph. 5. Owner's right to prepay the total Housing Improvement Fee: Housing unit owners may prepay the Prepayment Fee, in whole but not in part, before July 1, 2022. After July 1, 2022, the fee may not be prepaid except in full upon sale of such housing unit. The unpaid balance will be imposed as an Annual Fee as described in paragraph 4 above 6. Number of years the Housing Improvement Fee will be in effect: If owners do not pay the Prepayment Fee by July 1, 2022, an Annual Fee will be imposed and collected at the same time and in the same manner as property taxes. The Annual Fee will be payable in equal installments over a period not to exceed 20 years beginning in 2023. 7. Compliance with Petition Requirement: Owners of more than 60 percent of the housing units that would be subject to the Housing Improvement Fee in the proposed Innsbruck North HIA have filed a petition with the City requesting a public hearing on the proposed Housing Improvement Fee, the creation of the HIA and the adoption of an ordinance. This meets the petition requirements for a public hearing under Minnesota Statutes, Section 428A.12 . For further information on the proposed Housing Improvement Fee, HIA, and ordinance contact Paul Bolin, Assistant Executive Director, Fridley HRA, 763-572-3591, Paul.Bolin@FridleyMN.gov. Written comments may be submitted to the City via U.S. mail or via email to Paul.Bolin@FridleyMN.gov. Written comments received by the City before the agenda packet is produced and distributed will be included as attachments to the staff report. All comments received after that will be given to the city council at the beginning of the meeting and entered into the public record. If you need special accommodations or have questions about the meeting please call 763-572- 3523. Melissa Moore, City Clerk Dated: February 1, 2022 218 Jufn!9/ Exhibit B Exhibit A Innsbruck North Townhomes Association 219 Jufn!9/ Exhibit C Resolution No. 2022-xx Approving a Housing Improvement Fee for Innsbruck North Housing Improvement Area Section 1. Recitals 1.01. The City of Fridley, Minnesota (City) is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21, as amended (Housing Improvement Act), to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of such improvements are paid in whole or in part from fees imposed within the area. 1.02. By ordinance adopted by the City Council of the City (City Council) on February 28, 2022 (Enabling Ordinance), the City Council established the Innsbruck North Housing Improvement Area (Innsbruck North HIA) in order to facilitate certain improvements requested by the Innsbruck North Townhouses Association (Association) to property known as the Innsbruck North Townhouses and designated the City as the implementing entity, all in accordance with the Housing Improvement Act. 1.03. Owners of approximately 75% of the housing units within the Innsbruck North HIA (which exceeds the requirement for owners of at least 50% of the housing units pursuant to Section 428A.12 of the Housing Improvement Act) have filed a petition with the City Clerk requesting a public hearing regarding imposition of a housing improvement fee for the Innsbruck North HIA. 1.04. On February 14, 2022, the City Council conducted a public hearing, duly noticed in accordance with the Housing Improvement Act, regarding adoption of this resolution (the and the Enabling Ordinance at which all persons, including owners of property within the Innsbruck North HIA, were given an opportunity to be heard. 1.05. Prior to the date hereof, Innsbruck North Townhouses Association (Association) has submitted to the City a financial plan prepared by an independent third party, acceptable to the City and the Association, that provides for the Association to finance maintenance and operation of the common elements in the Innsbruck North HIA and a long-range plan to conduct and finance capital improvements therein, all in accordance with Section 428A.14 of the Housing Improvement Act. 1.06. For the purposes of this Resolution, the term Housing Improvements has the meaning provided in the Enabling Ordinance. Section 2. Housing Improvement Fee Imposed 2.01. The total estimated costs of the Housing Improvements are approximately $6,090,000, all of which is proposed to be paid for by the fee imposed hereby. The City hereby imposes a fee on each housing unit within the Innsbruck North HIA (Housing Improvement Fee) in the maximum amount of $21,472 (plus interest as provided in Section 2.03 hereof). The Housing 21: Jufn!9/ Improvement Fee shall be imposed on the basis of the total cost of the Housing Improvements to be financed by the Housing Improvement Fee, divided by the number of housing units in the Innsbruck North HIA. The City Council specifically found in the Enabling Ordinance that such allocation is more fair and reasonable than a fee based upon the tax capacity or square footage of each housing unit (i) because the Housing Improvements are to common areas as defined by the Innsbruck North Townhouses Association Corrected Fourth Amended and Restated Declaration, dated November 2, 2011 (Declaration) or part of a larger improvement project relating des for an equal allocation to each unit of the costs for such improvements; (ii) the improvements to individual water and Improvements does not create a different benefit to different housing units on the basis of the tax capacity or square footage thereof. 2.02. The owner of any housing unit against which the Housing Improvement Fee is imposed may, at any time between April 14, 2022 (the effective date of this Resolution) and July 1, 2022 pay the total Housing Improvement Fee imposed against such housing unit to the City Finance Director, in full without interest thereon. To prepay in full, the amount due shall be $21,472. Any Housing Improvement Fee not prepaid by July 1, 2022 shall not thereafter be pre-payable except in full upon sale of such housing unit, but instead shall be paid only in accordance with Section 2.03 hereof. 2.03. If not prepaid in accordance with Section 2.02 hereof, the Housing Improvement Fee shall be payable in equal annual installments (Annual Fee) extending over a period of 20 years, the first of the installments to be payable in calendar year 2023, which annual payment shall be deemed to include interest on the unpaid Housing Improvement Fee at the rate of 4.22% per annum accruing from the date of issuance of the Bonds. The estimated Annual Fee including interest imposed on each of the housing units is $1,690.95. The Housing Improvement Fee shall be imposed to pay principal and interest on certain taxable general obligation bonds to be issued by the City to finance the Housing Improvements (Bonds) in accordance with the Enabling Ordinance and the Act. Upon issuance of the Bonds, the City Clerk shall cause to be prepared a schedule indicating the finalized Annual Fee for each housing unit for which the Housing Improvement Fee has not been prepaid. The Annual Fee shall be structured such that estimated collection of the Annual Fee will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds. 2.04. The Housing Improvement Fee, unless prepaid in accordance with Section 2.02 hereof, shall be payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes, as provided in Sections 428A.14 and 428A.15 of the Housing Improvement Act. 2.05. The Housing Improvement Fee imposed against each housing unit shall not exceed the amount specified herein; provided, however, that the Housing Improvement Fee may be reduced at after the issuance of the Bonds, which reduction shall be applied pro rata to each housing unit's Housing Improvement Fee on the basis described in Section 2.01 hereof; and further 221 Jufn!9/ provided that if any housing unit owners have prepaid the Housing Improvement Fee prior to any reduction in that fee, the City shall promptly reimburse the owner of the housing unit at the time of the reduction in the amount of the pro rata share of any reduction in the fee amount. Upon any reduction in the Housing Improvement Fee, the City Clerk shall cause to be prepared a notice to each owner of the housing units showing the revised Housing Improvement Fee and such notice shall be promptly mailed to all housing unit owners within the Housing Improvement Area. Section 3. Notice of Right to File Objections 3.01. Within five days after the adoption of this Resolution, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Innsbruck North HIA (a) a summary of this Resolution; (b) notice that owners subject to the Housing Improvement Fee have a right to veto this Resolution if owners of at least 45% of the housing units within the Innsbruck North HIA file an objection with the City Clerk before the effective date of this Resolution; and (c) notice that a copy of this Resolution is on file with the City Clerk for public inspection. Section 4. Effective Date 4.01. This Resolution shall be effective 45 days after adoption hereof, subject to (a) the veto rights of housing unit owners under Section 428A.18 of the Housing Improvement Act; and (b) execution in full of a development agreement between the City and the Association providing for construction of the Housing Improvements. Section 5. Filing of Housing Improvement Fee 5.01. After April 14, 2022, the effective date of this Resolution, the City Clerk shall file a certified copy of this Resolution to the Anoka County Director of Taxation to be recorded on the property tax lists of the county. th Passed by the City Council of the City of Fridley, Minnesota this 28 day of February, 2022. ______________________________________ Scott J. Lund - Mayor Attest: ________________________________________ Melissa Moore - City Clerk 222 Jufn!9/ From:Bolin, Paul To:Moore, Melissa Subject:FW: Innsbruck North townhouses association Date:Friday, February 04, 2022 8:33:44 AM Melissa, th I am sending this to you for inclusion in the City Council packet to go out on February 14. Paul From: jay <jalmod@yahoo.com> Sent: Friday, February 4, 2022 8:23 AM To: Bolin, Paul <Paul.Bolin@fridleymn.gov> Subject: Innsbruck North townhouses association You don't often get email from jalmod@yahoo.com. Learn why this is important Dear Mr. Boland, I am writing in opposition to the proposed adoption of an ordnance to impose fees on housing units owners for the following reasons: 1.We were told that the project will be for replacement of water and sewer lines of the residences. Nothing was mentioned about the improvement of the recreation center. 2.The recreation center and all the other improvement beside the replacement of the lines are supposed to be taken care of by the association on a yearly basis. 3.I am not a lawyer, but according to mn 515A.3-107 and mn 515A. 3-106 bylaws these improvements are the association's responsibility. 4.We were not informed that of the cost per unit requires prepayment of $21000 by July 2022. We were told a monthly fee of around $110-120, when in fact as stated in the letter we received from the city that's it's $1690.95 a yearly fee to be paid in two payments of 845 dollars with the yearly taxes for 20 years. Thank you Jehad E Alamat 5571 East Bavarian pass Fridley mn Sent from Yahoo Mail on Android 223