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03-14-2022 CITY COUNCIL MEETING March 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 1.Accepting the 2021 Facility of the Year Award for Fridley Liquor from the Minnesota Municipal Beverage Association (MMBA) APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES 2.Approve the Minutes from the City Council Meeting of February 28, 2022 3.Receive the Minutes from the City Council Conference Meeting of February 28, 2022 NEW BUSINESS 4.Resolution No. 2022-25, Approving and Authorizing Signing an Agreement with Patrol Sergeants (Local #310) for the City of Fridley Public Safety Department for the years 2022, 2023, and 2024 5.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 (Second Reading) CLAIMS 6.Resolution No. 2022-26, Approving Claims for the Period Ending March 9, 2022 ADOPTION OF REGULAR AGENDA 2 City Council Meeting 3/14/2022 Agenda Page 2 OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. REGULAR AGENDA ITEMS NEW BUSINESS 7. Resolution No. 2022-22, Approving Coon Creek Watershed District Water Quality Cost-Share Agreement for Riverview Terrace Street Rehabilitation Project 8. Resolution No. 2022-23, Approving Change Order No. 1 for Farr Lake/Danube Pond Dredging Project No. 603-60-20-472 9. Resolution No. 2022-24, Approving a Grant Agreement with Rice Creek Watershed District for Farr Lake/Danube Pond Storm Sewer Modification Project 10. Ordinance No. 1401, Amending the Fridley City Code Chapter 1, Legislative Body, Pertaining to Ward and Precinct Boundaries INFORMAL STATUS REPORTS ADJOURN 3 Jufn!2/ AGENDA REPORT Meeting Date:March14, 2022 Meeting Type:City Council Submitted By:Korrie Johnson, AssistantFinance Director Title Accepting the2021 Facility of the Year Award for Fridley Liquor from the Minnesota Municipal Beverage Association (MMBA) Background Fridley Liquor was nominated for the MMBA Facility of the Year award by a fellow City based on their innovative new website. This website was created so customers can create an online login to order and purchase liquor at their convenience. The customer isthen able to pick up the liquor ordered online any The new online ordering portal is available at:www.fridleyliquor.com/shop. Financial Impact In addition to receiving the 2021 MMBA Facility of the Year award, the City also received a check for corner of the Civic Campus. Recommendation Staff recommend the Fridley City Council formally accept the award. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &Places X Community Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!3/ AGENDA REPORT Meeting Date:March 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 February 28, 2022 Background Attached are the minutes from the City Council meeting of February 28, 2022. Financial Impact None. Recommendation Approve the minutes from the City Council meeting of February 28, 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 February 28, 2022 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 5 Jufn!3/ CITY COUNCIL MEETING February 28, 2022 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. MINUTES CALL TO ORDER Mayor Lund called the City Council Meeting of February 28,2022, to order at 7:00 p.m. PRESENT Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Ann Bolkcom Walter Wysopal, City Manager Scott Hickok, Community Development Director Sarah Sonsalla, City Attorney Melissa Moore, City Clerk Brian Weierke, Public Safety Director Ryan George, Deputy Director ABSENT Councilmember Steve Eggert PLEDGE OF ALLEGIANCE PROCLAMATIONS/PRESENTATIONS 1.Proclamation Norma Rust Appreciation Day Mayor Lund presented the proclamation to the family of Norma Rust and expressed appreciation for the service she provided to the community. The Rust family introduced themselves and commented that Mrs. Rust volunteered through other organizations in the community as well as serving as an Election Judge. They expressed appreciation to the Council and City for the recognition. APPROVAL OF PROPOSED CONSENT AGENDA Motion made by CouncilmemberBolkcomto adopt the proposed Consent Agenda.Seconded by CouncilmemberTillberry. 6 Jufn!3/ City Council Meeting 2/28/2022 Minutes Page 2 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES 2. Approve the Minutes from the City Council Meeting of February 14, 2022. 3. Receive the Minutes from the City Council Conference Meeting of February 14, 2022. NEW BUSINESS 4. Resolution No. 2022-17, Amending the 2022 Budget for the Sanitary Sewer Collection System Lining Project No. 602-60-22450. 5. Resolution No 2022-18, Awarding Sanitary Sewer Collection System Lining Project No. 22-450B. 6. Resolution No. 2022-19, Approving Gifts, Donations and Sponsorships Received Between January 15, 2022, and February 18, 2022. 7. Resolution No. 2022-21, Approving Change Order No. 2 (Final) for Village Green Basin Expansion Project No. 603-60-15-475. CLAIMS 8. Resolution No. 2022-20, Approving Claims for the Period Ending February 23, 2022. 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. No one from the audience spoke. REGULAR AGENDA ITEMS PUBLIC HEARING(S) 9. Ordinance No. 1399, Public Hearing and First Reading to Consider Amending the Fridley City Code Chapters Titled Adoption of Code, Rules of Construction, Legislative Body, Commissions, Definitions, Severability, Ethics and Adoption by Reference. 7 Jufn!3/ City Council Meeting 2/28/2022 Minutes Page 3 Motion made by Councilmember Bolkcom to 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 7:10 P.M. Melissa Moore, City Clerk, provided background information on the recodification process the City has undertaken. She explained that the proposed reorganization of the Code is based off input from staff and residents. She reviewed the proposed revisions to the Code. She also reviewed the process to date and the next steps. It was noted that Council received a similar presentation and discussion in a conference session previous to tonight. There were no additional questions from Council. There were no public comments received. Motion made by Councilmember Ostwald to close the public hearing, Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:26 P.M. NEW BUSINESS 10. Review of Liquor License: Two Stooges Bar and Grill Brian Weierke, Public Safety Director, provided details on the on-sale liquor licensed possessed by Two Stooges Bar and Grill. He reviewed the annual calls for service, noting an increasing trend in the number of calls and severity of issues, and also reviewed continued concerns. He stated that during 2020 and 2021, staff met with the business owners to discuss the concerns and developed proactive attempts to deter negative activity. Staff also met with the business owners in February 2022 after the shooting incident and reviewed the action plan the business developed in order to better protect its customers. He stated that staff supports the action plan and would like to continue to monitor the activity with another review to be completed by June 1, 2022. He commented that the business owners have been very responsive to calls and discussions and there have been no calls for service since the implementation of the action plan. The Council suggested focusing on more food sales and asked the length of time for which the business would close at 11 p.m. The Council also asked for details on the security team and practices, if there has been training for staff, and how the calls for service to this business compare to other similar businesses. Ryan George, Deputy Director, reported that calls for service for other similar businesses ranged between one to 19, while Two Stooges was up near 75 calls for service in one year. He noted that there is a correlation between the food/liquor service ratio and calls for service, explaining that the lower the food ratio, the higher the calls for service. 8 Jufn!3/ City Council Meeting 2/28/2022 Minutes Page 4 The owners of Two Stooges provided input on the impact to the business that has occurred because of the earlier closing time. Details were also provided on the new security team the business is using, which is composed of former police officers. It was noted that they are going to improve the lighting in the parking lot to deter unwanted activity in that area. They also explained that the prices for alcoholic beverages were raised in attempt to deter unwanted customers, but it did not do so, and actually accounted for the higher liquor ratio compared to food sales. Details were provided on the security practices. The Council commented that perhaps the reduction to business was a result of the shooting. The Council asked that the business follow the recommendations and work with the Public Safety Director with a follow up review by the Council at the second meeting in April. Mr. Weierke stated that he will work with the business owners to develop a more detailed plan over the next two weeks that can be presented in the Council conference session on March 14. At that time, the Council will consider whether the business can be open past 11 p.m. INFORMAL STATUS REPORTS It was noted that volunteers are needed at the art center to prepare for the opening. Donations are also accepted. ADJOURN Motion made by Councilmember Ostwald to adjourn. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:22 P.M. Respectfully Submitted, Melissa Moore Scott J. Lund City Clerk Mayor 9 Jufn!4/ AGENDA REPORT Meeting Date:March14, 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 February 28, 2022 Background Attached are the minutes from the City Council conference meeting of February 28, 2022. Financial Impact None. Recommendation Receive the minutes from the City Council conference meeting of February 28, 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 February 28, 2022 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. : Jufn!4/ COUNCIL CONFERENCE MEETING February 28, 2022 5:30PM Fridley Civic Campus, 7071 University Avenue N.E. MINUTES PRESENT Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Ann Bolkcom Walter Wysopal, City Manager Melissa Moore, City Clerk Patrick Maghrak, City Assessor ABSENT Councilmember Stephen Eggert ITEMS FOR DISCUSSION 1.2022 Proposed Redistricting Plan. Melissa Moore, City Clerk, outlined and provided information on the process of redistricting, an analysis of voting trends in the City of Fridley, a review to a proposed redistricting plan, and a discussion on outreach and communication plans for residents. 2.Residential Property Values. Patrick Maghrak, City Assessor, provided a report on the increases in the estimated market value of real estate in the City of Fridley, and the process and market dynamics that have led to the increases. 21 Jufn!5/ AGENDA REPORT Meeting Date:March14, 2022 Meeting Type:City CouncilConference Meeting Submitted By:Rebecca Hellegers, Director of Employee Resources Title ResolutionNo. 2022-25, Approvingand Authorizing Signing an Agreement with Patrol Sergeants (Local #310) for the City of FridleyPublic Safety Department for the years 2022, 2023, and 2024 Background Athree-year tentative agreement (Exhibit A) has been reached between the City of Fridley (City) and the Police Sergeantunit (L.E.L.S Local #310) for the contract years 2022, 2023, and 2024. The City and L.E.L.S Local #310entered negotiations this winter and both parties reached what we believe is a positive and fair settlement. The Labor Market for this group has experiencedwide fluctuations in settlements due to many social factors and increased levels of movement between agencies. The unit, comprised of 7 members,has taken a vote and approved the tentative agreement, which is summarized below. Summary of Changes 1.Article 36Duration: Three contract years (2022-2024). 2.Article 16Insurance: 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). Having the same benefit package for all city employees has been a long-standing pattern and valued practice at theCity andremains an important strategy in maintaining fairness between all groups. 3.Article18 Uniforms: Both parties agree to increase the non-uniformed Employees clothing allowance from $450 to $500 per year, due to rising costs on consumer goods. There is one member who qualifies for this clothing allowance. 4.Article 21.1Wages: Both parties agree to a general increase of 3% for 2022, a general increase of 3%for 2023, and a general increase of 3% for 2024.In addition, both parties agreed to adding one additional step for a total of 5 steps. Analysis of Fridley wages against the list of established comparable cities showed Currently there are 4 steps in the Sergeant pay scale and adding an additional step would address the disparity in the market.With the addition of the step, a newly appointed Sergeant could expect to reach the top step at 4 years of service. 4 members of this unit have served four years and would qualify for the top step in 2022. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 22 Jufn!5/ 5.!Article 21.2 Specialty Pay: Both parties agree to an investigation from $225 per month to 5% over their base pay, to align with the industry standard. No staff is currently assigned to a sergeant investigative position. 6.!Article 24 Retiree Health Insurance: Since 2014, employees in the Sergeant union agreed to participate in a Retiree Health Savings Plan (RHSP). This fund is administered by Mission Square, Both parties agreed to the request to increase the employee own contributions from $75 per paycheck to $100 per paycheck. The City makes no contributions to this fund and employees pay for any fees related to their own investments. 7.!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 includes specific goals that address overall wellness for law enforcement professionals. They will not be required to earn the benefit in advance. 100% of the active members of this unit currently earn the benefit so the impact to scheduling is minimal. They will no longer be eligible to participate in the City-wide Wellness Program. Wellness Leave hours must be used in the calendar year in which st they are awarded, and unused hours after December 31 of the year will be 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 $13,312 for wages and $50 for clothing allowance. 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. Recommendation Staff recommend the approval of Resolution No. 2022-25 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. 2022-25 !Exhibit A: Agreement with Patrol Sergeants (Local #310) for the City of Fridley Public Safety Department for the years 2022, 2023, and 2024 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 23 Jufn!5/ Resolution No. 2022 - 25 Approving and Authorizing Signing an Agreement with Patrol Sergeants 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 Sergeants, Local #310, 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 Sergeants 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 Sergeants 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 Sergeants of the City of Fridley. th Passed and adopted by the City Council of the City of Fridley this 14 day of March, 2022. ________________________________________ Scott J. Lund Mayor Attest: ________________________________________ Melissa Moore City Clerk 24 Jufn!5/ 25 Jufn!5/ 26 Jufn!5/ 27 Jufn!5/ 28 Jufn!5/ 29 Jufn!5/ 2: Jufn!5/ 31 Jufn!5/ 32 Jufn!5/ 33 Jufn!5/ 34 Jufn!5/ 35 Jufn!5/ 36 Jufn!5/ 37 Jufn!5/ 38 Jufn!5/ 39 Jufn!5/ 3: Jufn!5/ 41 Jufn!5/ 42 Jufn!5/ 43 Jufn!5/ 44 Jufn!5/ 45 Jufn!5/ 46 Jufn!5/ 47 Jufn!5/ 48 Jufn!5/ 49 Jufn!5/ 4: Jufn!5/ 51 Jufn!5/ 52 Jufn!5/ 53 Jufn!5/ 54 Jufn!6/ AGENDA REPORT Meeting Date:March 14, 2022 Meeting Type:City Council Meeting Submitted By:Melissa Moore, City Clerk Title 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(Second Reading) 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). Ordinance No. 1399 effectively creates Title 1 of the Code and includes the first seven chapters. On February 28, 2022the Council conducted a public hearing and first reading of Ordinance No. 1399. If the Council conducts a second reading and adopts the ordinance this evening, a summary of the d become effective on April 2, pursuant to the Charter. To aid in accessibility and clarity to communicate details of proposed updates to the Code, staff developed Recodification Reports (Report) that will accompany certain chapters of Code as they go through the recodification process. The Reports will illuminate substantive changes to the Code. Changes to the chapters in Title 1 include: Chapter 100 Adoption of Code (Exhibit A) includes changes to how the City will maintain the Code and prepare for future insertions and allows the City Manager to make clerical revisions to the Code; Chapter 101 Rules of Construction (Exhibit B) sets the tone of writing and structure for the Code; Chapter 102 Severability (Exhibit C) declares that all sections of the Codeare separate; Chapter 103 Definitions (Exhibit D) is a list of broad definitions of terms found throughout the Code; Chapter 104 Legislative Body pertains to the ward and precinct boundaries for the City, as well as compensation for members of the City Council; Chapter 105 Commissions (Exhibit E establishes their roles and responsibilities; Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 55 Jufn!6/ !Chapter 106 Ethics (Exhibit F) directs how the Council, advisory commissions and staff will conduct themselves in their official capacities; and !Chapter 905 Adoption by Reference is recommended for repeal. Financial Impact None. Recommendation Staff recommend the approval of the second reading of Ordinance No. 1399 and recommends the approval of Summary Ordinance No. 1399 for publication. 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 !Ordinance No. 1399 !Summary Ordinance No. 1399 !Exhibit A: Chapter 100 Recodification Report !Exhibit B: Chapter 101 Recodification Report !Exhibit C: Chapter 102 Recodification Report !Exhibit D: Chapter 103 Recodification Report !Exhibit E: Chapter 105 Recodification Report !Exhibit F: Chapter 106 Recodification Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 56 Jufn!6/ 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 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 906 Adoption of Codeamended as follows: Fridley City Code Chapter 906. 100 Adoption of Code 906.01.100.01 Adoption 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 appendix and 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. 906.02.100.02 Short Title For brevity hereafter the Municipal Code of Fridley, MinnesotaFridley City Code is sometimes referred ; Municipal Code of Fridley, MinnesotaFridley City Code unless 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. 906.04.100.03 Subsequent 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 57 Jufn!6/ 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. 906.05.100.04 Consecutive 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. 906.06.100.05 Annual 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 passage of an ordinance without altering the meaning of the ordinance enacted. 906.07.100.07 Preservation 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. 906.08.100.08 Publication and Effective Date Ordinances will be published in the Official Publication pursuant to State statute. A copy of this Code has beenis on file and open for public inspection in the office of the City Clerk. for a period of at least three weeks prior to its additions, commencing on the first day of December 12, 1983. Ordinances are effective pursuant to the Fridley City Charter. 58 Jufn!6/ 906.09.100.09 Code Permanently on File A copy of the code shall be permanently on file and open for public inspection in the office of the City Clerk in the City of Fridley. Notice shall be given in the official newspaper for at least two 906.10.100.10 Prima 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. 101 Rules of Construction 902.01.101.01 Generally 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 NEUTER Gender 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, feminine or neuter gender in this Code shall include the other genders. 902.03.101.03 Singular or Plural The use of either singular or plural numbers includes the other number. 902.04101.04 Past, Present or Future The use of either past, present or future tense includes the other tense. 902.05.101.05 Joint Authority 59 Jufn!6/ 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 contents of the section for the convenience of the reader and is not to be construed as a part of the section. 902.07.101.07 Computation 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. 902.08.101.08 Deputies 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. 902.09.101.09 Filing 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. 902.10.101.10 Repeal 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. 902.11.101.11 Liberal 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 Change Not 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. 5: Jufn!6/ 902.13.101.12 Minnesota Rules of Construction to Apply 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 904 Severability Fridley City Code Chapter 904. 102 Severability 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, subsection or provision. Section 4 That Chapter 903 Definition Conflict Fridley City Code Chapter 903. 103 Definitions Conflict 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. 103.02 Definitions 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 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. 61 Jufn!6/ 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 guilty accepted 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 adverse to 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 by law 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, 62 Jufn!6/ or the beneficial owner of land whose interest is 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. Sidewalk or 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 of this 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 1 Legislative Body 63 Jufn!6/ Fridley City Code Chapter 1.104 Legislative 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 1 of 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.) #47 Avenue) go east on the northern City Limits boundary to Baker Street. East: Using Baker Street and starting at the northern City rdrd Limitsboundary, go south on Baker Street to 73 Avenue, then go east on 73 Avenue 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, then go south on Madison thththth Street to 7 Street, then go south on 7 Street to 67 Avenue, then go west on 67 Avenue to thth 4 Street, then go north on 4 Street 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 4 Street, then go south on 4 Street to 67 Avenue, then go east on 67 Avenue to 7 Street, th then go northeast on 7 Street 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 61 Avenue, then go west on 61 Avenue thth to 7 Street, then go north 7 Street to Mississippi Street, then go west on Mississippi Street to 64 Jufn!6/ 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 7 Street. East: Using 7 Street and starting at Mississippi Street, go thththth south on 7 Street to 57 Avenue. South: Using 57 Avenue and starting at 7 Street, go west th on 57th Avenue to T.H. #47. West: Using T.H. #47 and starting at 57 Avenue, go north on T.H. th #47 to 59th Avenue, then go west on 59 Avenue to Main Street, then go north on Main Street stst to 61 Avenue, then go west on 61 Avenue 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 61 Avenue and starting at 7 Street, go east on 61 Avenue to West Moore Lake st Drive. East: Using West Moore Lake Drive and starting at 61 Avenue, 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 to Matterhorn Drive, then go south on Matterhorn Drive to the southern City Limitsboundary. South: Using the southern City Limits boundary and starting at Matterhorn Drive, go west on the southern City Limits boundary to T.H. #47. West: Using T.H. #47 and starting at the southern City thth Limitsboundary, go north on T.H. #47 to 57 Avenue, then go east on 57th Avenue to 7 Street, thst then go north on 7 Street to 61 Avenue. 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 boundary to the eastern City Limitsboundary. East: Using the eastern th City Limitsboundary, go south on the eastern City Limits boundary to 69 Avenue. South: Using thth 69 Avenue and starting at the eastern City Limitsboundary, go west on 69 Avenue 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 73 Avenue, then go rd west on 73 Avenue 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 69 Avenue, then go east on 69 Avenue to the eastern City th Limitsboundary. East: Using eastern City Limits boundary and starting at 69 Avenue, go south thth on the eastern City Limits boundary to 66 Avenue. South: Using 66 Avenue and starting the th eastern City Limitsboundary, go west on 66 Avenue to Arthur Street, then go south on Arthur 65 Jufn!6/ 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 boundary and starting at 66 Avenue, go south on the eastern City Limits boundary to 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 61 Avenue, 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 boundary and starting at Gardena Avenue go south on the eastern City Limits boundary to the southern City Limitsboundary. South: Using the southern City Limits boundary and starting at the eastern City Limitsboundary, go west on the southern City Limits boundary to 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 boundary east to the Burlington Northern right-of-way, then go north on th the Burlington Northern Railroad right-of-way (City Limitsboundary) to 85 Avenue (City th Limitsboundary), then go east on 85 Avenue (City Limitsboundary) to T.H. #47 (City 66 Jufn!6/ th Limitsboundary). East: Using T.H. #47 (City Limitsboundary) and starting at 85 Avenue 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 79 Way, then go west on 79 Way to the western City Limits boundary (Mississippi River). West: Using the western City Limits th boundary and starting at 79 Way, 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 western City Limits boundary and starting at 79 Way, go east on 79 Way 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 boundary to 79 Way. Ward No. 3, Precinct No. 3 is established as the area bounded as follows: North: Using the western City Limits boundary and 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 61 Avenue, then go east on 61 Avenue 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 boundary from 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 boundary and starting at T.H. #694, go east on T.H. #694 to thth Main Street, then go north on Main Street to 59 Avenue, then go east on 59 Avenue to T.H. th #47. East: Using T.H. #47 and starting at 59 Avenue, go south on T.H. #47 to the City Limits boundary and continuing on to the southern City Limitsboundary. South: Using the southern City Limits boundary go 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 boundary to T.H. #694. 1.03. 104.03 Ward Map Ward and Precinct boundaries are herein established and delineated in the City of Fridley Voting 67 Jufn!6/ 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 1.02104.02 shall prevail. Section 6 That Chapter 6 Commissions Fridley City Code Chapter 6.105 Commissions 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 have no decision-making authority, except as expressly established by the Fridley City Code or Minnesota Statutes (M.S.). 6.01 Commission Titles There is hereby created the following commissions for the City of Fridley. These commissions shall be known as: 1. Planning Commission 2. Parks and Recreation Commission 3. Environmental Quality and Energy Commission. 6.02 105.02 Commissions 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, by Council resolution, a chairperson to each advisory commission. (a)(c)!Each commission shall elect a chairperson and 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. 68 Jufn!6/ (b)(d)!The commission members shall be appointed by the City Council for three yearthree- year terms, 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 to fulfill 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 Staff Liaison 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 69 Jufn!6/ 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 appointed member 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 chairpersons and 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 all meetings. Findings and recommendations shall be transmitted by the commission chairpersons to the Planning Commission and from the Planning Commission to the City Council. 6.03 105.03 Planning Commission 1.!TitleCommission Established There is hereby created a Planning Commission for the City of Fridley, Minnesota pursuant 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 of said Board pursuant to Minnesota Statutes Section 462.351 to 462.364 and operate according to the Fridley City Code. 6: Jufn!6/ 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 the zoning chapters of the Fridley 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 this Code. 3. Scope (a)!The Planning Commission shall serve in an advisory capacity to the City Council. Problems Matters shall be referred to the Planning Commission by the City Council, City Administration Manager or 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 continuous community planning, growth and development of comprehensive goals and policies, including but not limited to, land use, housing, transportation, environment, parks and recreation, public services, 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 Chapters 128 and 205 of Fridley Citythis Code: and Chapter 205.06 of the Fridley Zoning Code: 71 Jufn!6/ (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 Code in 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 members at large. The chairperson of the Planning Commission and four members at large shall be appointed by the City Council to serve for three-year terms as 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 provisions outlined 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 vice chairperson shall act as chairperson. c.!At any meeting of the Planning Commission, if any commission member is unable to attend, the vice chairperson of his/her member commission(s) may serve in his/her stead. 6.04 105.04 Parks 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 City of Fridley. 72 Jufn!6/ 23. Scope (b)(a)!The Parks and Recreation Commission shall act as an advisory commission to the Planning CommissionCouncil for 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 programs authorized by this Chapter, the accounting shall be the responsibility of the Treasurer of the City City 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. 105.05 Environmental 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 City of 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. 73 Jufn!6/ 23. Scope (a)!The Environmental Quality and Energy Commission shall act as an advisory commission to the Planning CommissionCouncil for 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 5.106 Ethics 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 other business 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. 74 Jufn!6/ Personal Interest: Whenever a person required to make a disclosure under 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. 106.03 Scope 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 Authority and Energy Commission, and all employees of the City. 5.03. 106.04 Fair and Equal Treatment Standards of Conduct 1. Subject to the provisions of Section 5.03.2 no 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.) § 471.87 an officer of the City who is authorized to approve or administer any sale, lease, or contract shall not have 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. 75 Jufn!6/ 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 in his or her official capacity shall have a direct financial interest in that sale, lease or contract or personally benefit financially therefrom. 5.04. 106.05 Public 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 City of 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; (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 have a financial interest and in which he or shethey knows one or more other persons covered by this Code 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. 76 Jufn!6/ 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. 106.06 Public Disclosure by Members of Advisory BodiesCommissions 1. Each member, and each applicant for membership of any advisory commission 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 City of Fridley: (1) with which he or she hasthey have a 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 have a 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. 106.07 Public 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: 77 Jufn!6/ (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 City of 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. 106.08 Public 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 have any 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 shethey currently has have a financial interest. 2. The City Attorney, or members of his or hertheir law firm, shall not appear before the City Council, commission or committee for the purpose of representing any client, except the City of Fridley or employees of the City of Fridley, when such latter representation is in connection with their official duties as City employees. 78 Jufn!6/ 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. 5.08.106.09 Exclusions 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 of any 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. 5.09.106.10 Method 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 shall make 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. 5.10.106.11 Violations 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 the public and each copy shall be marked with the words "City of Fridley, Anoka County, Minnesota - Official Copy". 79 Jufn!6/ Passed and adopted by the City Council of the City of Fridley on this 14th day of March, 2022. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk Public Hearing: February 28, 2022 First Reading: February 28, 2022 Second Reading: March 14, 2022 Publication: March 18, 2022 7: Jufn!6/ City of Fridley Summary 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 The City of Fridley does ordain, after review, examination and staff recommendation that Title 1 of the Fridley City Code be amended by adopting Ordinance No. 1399. A summary of the various amendments to Title 1 that were made by Ordinance No. 1399 is as follows: The Ordinance amends Chapter 906, Adoption of Code, renumbers it to Chapter 100, removes § 906.03, Repeal of Certain Ordinances, amends § 100.05, Annual Revisions, adds § 100.06, Errors, amends § 100.8, Publication and Effective Date and amends § 100.09, Code Permanently on File. The Ordinance amends Chapter 902, Rules of Construction, renumbers it to Chapter 101, amends § 101.01, Generally, amends § 101.02, Gender and removes § 902.12, Substantive Change Not Intended. The Ordinance amends Chapter 904, Severability, renumbers it to Chapter 102 and amends § 102.01, Invalidity of Part. The Ordinance amends Chapter 903, Definitions, and renumbers it to Chapter 103, adds § 103.01, Purpose, amends § 103.02, Definitions, adds § 103.03, Conflicts and adds § 103.04 Minnesota Definitions to Apply. The Ordinance amends Chapter 1, Legislative Body and renumbers it to Chapter 104. The Ordinance amends Chapter 6, Commissions, renumbers it to Chapter 105, adds § 105.01, Purpose, removes § 6.01, Commission Titles, amends § 105.02, Commissions Generally, amends § 105.03, Planning Commission, amends § 105.04, Parks and Recreation Commission and amends § 105.05, Environmental Quality and Energy Commission. The Ordinance amends Chapter 5, Ethics, renumbers it to Chapter 106, amends § 106.01, Purpose, amends § 106.02, Definitions, amends § 106.03, Scope of Persons Covered, amends § 106.04, Standards of Conduct, amends § 106.05, Public Disclosure by City Council, amends § 106.06, Public Disclosure by Members of Advisory Commissions, amends § 106.10, Method of Filing and amends § 106.11, Violations. The Ordinance repeals Chapter 905, Adoption by Reference. Ordinance No. 1399 was passed and adopted by the City Council of the City of Fridley on March 14, 2022. The full text of the Ordinance is available on the City website or for inspection by any person during regular office hours at the Office of the City Clerk. 81 Jufn!6/ RECODIFICATION REPORT Introduction To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select ordinances as they are introduced to the City Council. The Report will illuminate substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes. TitlePlacement Title 1–General ProvisionsTitle 6 –Lands and Buildings Title 2 –AdministrationTitle 7 –Zoning Title 3 –LicensingTitle 8 –Franchises, Utilities and Right-of-Way Title 4 –Health, Safety and WelfareTitle 9 –Public Ways and Places Title 5 –Public NuisanceAppendices Chapter Information Chapter Title:Adoption of CodeRecodification Liaisons:Melissa Moore, City Clerk Current Chapter Number:906New Chapter Number:100 Substantive Changes Section NumberCurrent CodeProposed Changes 906.031983 was the last time this Chapter The recodification process will was amended.introduce ordinances to the Council that may repeal and replace orupdate chapters of the Code. As a multiple- year process to update all chapters of the Code, there is no cutoff date effectively recodifying the Code at one time. 100.05This section directs the City to print In 2020 the City transitioned the Code hard copies of the Code, make to an online platform. The website is periodic updates as required, and indexed allowing users to easily maintain a table of contents and navigate chapters andsearch appendices.particular terms. 100.06N/AAn addition to this Chapter, this proposed section would authorize the City Manager theadministrative authority to direct grammatical, punctuation or stylistic changes to the Code without altering the meaning of the Code. 82 Jufn!6/ RECODIFICATION REPORT 100.08This section directs the City Clerk to Thisproposed change directsthat maintain the Code and make it approved ordinances will be published available for public inspection after in the Official Publication, as required recodification.by State statute, and will become effective pursuant to the City Charter. 100.09This section directs the City Clerk to Minnesota Statute § 415.19 requires maintain the Code and make it cities to post proposed ordinances on available for inspection. It is unclear if their website for at least 10 days the second sentence relates to before the Council casts a final notifying the City’s intent to modify an approving vote. The Clerk’s Office ordinance prior to the Council’s routinely follows this step, posting all consideration, or if the sentence is a proposed ordinances for public requirement for the City to publish the review. The Fridley City Charter § 3.07 adopted ordinance for two weeks directs ordinances will be published at after the Council’s final vote.least once in the Official Publication, after the Council’s final vote. Reviewed By City ManagerDepartment Director City AttorneyRecodification Liaison Recodification Coordinating Group 83 Jufn!6/ RECODIFICATION REPORT Introduction To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select chapters as they areintroduced to the City Council. The Report will illuminate substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes. TitlePlacement Title 1–General ProvisionsTitle 6 –Lands and Buildings Title 2 –AdministrationTitle 7 –Zoning Title 3 –LicensingTitle 8 –Franchises, Utilities and Right-of-Way Title 4 –Health, Safety and WelfareTitle 9 –Public Ways and Places Title 5 –Public NuisanceAppendices Chapter Information Chapter Title:Rules of ConstructionRecodification Liaisons:Melissa Moore, City Clerk Current Chapter Number:902New Chapter Number:101 Substantive Changes Section NumberCurrent CodeProposed Changes 101.01Directing that words and phrases used Changes to this Section attempt to throughout the Code shall be taken to make the textmore succinct and mean their commonly understood clearer. definitions. Any technical words or phrases should be understood by their technical meaning. 101.02This section declared the Code to be These proposed changesdirect the gender neutral throughout.Code be re-written in a gender neutral manner, unless the context requires a specific reference to a gender. 902.12This section is intended to codify the Upon recommendation of the City City’s ordinances into the City Code, Attorney,this section is proposed to and makes note that revisions to the be removed. The City Code serves as Code will be ongoing.the municipal law of the City and would therefore be enforced by City officials and the courts, if necessary. If the courts found any ambiguity in the Code they would examine the legislative intent of the City Council. Reviewed By City ManagerDepartment Director City AttorneyRecodification Liaison Recodification Coordinating Group 84 Jufn!6/ RECODIFICATION REPORT Introduction To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select chapters as they areintroduced to the City Council. The Report will illuminate substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes. TitlePlacement Title 1–General ProvisionsTitle 6 –Lands and Buildings Title 2 –AdministrationTitle 7 –Zoning Title 3 –LicensingTitle 8 –Franchises, Utilities and Right-of-Way Title 4 –Health, Safety and WelfareTitle 9 –Public Ways and Places Title 5 –Public NuisanceAppendices Chapter Information Chapter Title:SeverabilityRecodification Liaisons:Melissa Moore, City Clerk Current Chapter Number:904New Chapter Number:102 Substantive Changes Section NumberCurrent CodeProposed Changes 102.01States that if any section of the City The proposed change to this section is Code were to be found invalid or to make the language clearer. unconstitutional, all other sections of the Code are separate and not affected by any such ruling. Reviewed By City ManagerDepartment Director City AttorneyRecodification Liaison Recodification Coordinating Group 85 Jufn!6/ RECODIFICATION REPORT Introduction To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select chapters as they areintroduced to the City Council. The Report will illuminate substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes. TitlePlacement Title 1–General ProvisionsTitle 6 –Lands and Buildings Title 2 –AdministrationTitle 7 –Zoning Title 3 –LicensingTitle 8 –Franchises, Utilities and Right-of-Way Title 4 –Health, Safety and WelfareTitle 9 –Public Ways and Places Title 5 –Public NuisanceAppendices Chapter Information Chapter Title:DefinitionsRecodification Liaisons:Melissa Moore, City Clerk Current Chapter Number:903New Chapter Number:103 Substantive Changes Section NumberCurrent CodeProposed Changes 103.01This section is a purpose statement for the Chapter. 103.02This section includes a paragraph The first partof this section is moved regarding potential conflicting to Section 103.03 (Conflicts). The list of definitions and then proceeds to definitions was expanded to include define commonly referred to terms terms commonly found throughout found throughout the City Code.the entire City Code. 103.03This section directs that the definitions This paragraph was moved from found in this chapter apply generally Section 103.02. to the entire City Code. If a term is not included in this chapter, it shall be defined in future chapters where the term is particularly applicable. The section also states that any word or phrased defined by Minnesota Statute applies to the City Code. 103.04This section adopts Minnesota Statute Chapter 645, which directs formatting of state law. Reviewed By City ManagerDepartment Director City AttorneyRecodification Liaison Recodification Coordinating Group 86 Jufn!6/ RECODIFICATION REPORT Introduction To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select chapters as they areintroduced to the City Council. The Report will illuminate substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes. TitlePlacement Title 1–General ProvisionsTitle 6 –Lands and Buildings Title 2 –AdministrationTitle 7 –Zoning Title 3 –LicensingTitle 8 –Franchises, Utilities and Right-of-Way Title 4 –Health, Safety and WelfareTitle 9 –Public Ways and Places Title 5 –Public NuisanceAppendices Chapter Information Chapter Title:CommissionsRecodification Liaisons:Melissa Moore, City Clerk; Stacy Stromberg, Planning Manager; Rachel Workin, Environmental Planner; Margo Numedahl, Recreation Supervisor; Mikey Oman, Employee Resources Specialist Current Chapter Number:6New Chapter Number:105 Substantive Changes Section NumberCurrent CodeProposed Changes 105.01This section is a purpose statement for the Chapter. 6.01This section created the City’s three This section is proposed to be advisory commissions.removed. For consistency, each of the City’s advisory commissions are created in separate sections where their roles and responsibilities are delineated and described in detail. 105.02This section lays out regulations and Substantive changes to this section roles for the City’s advisory include a requirement for the City commissions.Council (Council) to appoint the Chair of each advisory commission and directs all minutes from each commission be submitted directly to the Council. 105.04Lays out the roles and responsibilities The proposed changes to this section of the Parks and Recreation include removing the directive that the Commission.Parks and Recreation Commission 87 Jufn!6/ RECODIFICATION REPORT serve as an advisory role to the Planning Commission and would now serve the Council in that manner. Subsection 5 removes the statement that any employee handling cash be bonded. As a standard administrative practice, all City employees are bonded through the League of Minnesota Cities Insurance Trust. 105.05Lays out the roles and responsibilities The proposed changes to this section of the Environmental Quality and include removing the directive that the Energy Commission.Environmental Quality and Energy Commission serve as an advisory role to the Planning Commission and would now serve the Council in that manner. Reviewed By City ManagerDepartment Director City AttorneyRecodification Liaison Recodification Coordinating Group 88 Jufn!6/ RECODIFICATION REPORT Introduction To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select chapters as they are introduced to the City Council. The Report will illuminate substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes. TitlePlacement Title 1–General ProvisionsTitle 6 –Lands and Buildings Title 2 –AdministrationTitle 7 –Zoning Title 3 –LicensingTitle 8 –Franchises, Utilities and Right-of-Way Title 4 –Health, Safety and WelfareTitle 9 –Public Ways and Places Title 5 –Public NuisanceAppendices Chapter Information Chapter Title:EthicsRecodification Liaisons:Melissa Moore, City Clerk; Mikey Oman, Employee Resources Specialist; Becca Hellegers, Employee Resources Director Current Chapter Number:5New Chapter Number:106 Substantive Changes Section NumberCurrent CodeProposed Changes 106.03This section directs the groups The proposed revisions include required to comply with the chapter, removing references to former including the Fridley City Council, advisory commissions and adds all advisory commissions.City staff as a group required to comply with the chapter. Upon recommendation of the City Attorney theproposed revision removes the Housing and Redevelopment Authority (HRA) because the HRA is a separate legal entity. 106.04subd. 1Requires that no person covered by Upon recommendation of the City the chapter will participate in Attorney the proposed revision discussion of orvote on any matter in references Minnesota Statue(M.S.)§§ which they have afinancial interest.471.87 - 471.88which prohibits conflicts of interest. 106.04 former This section further elaborates on the The proposed revision removes this subd. 2original text in subd. 1.section as M.S. §§ 471.87 - 471.88 are adopted in subd. 1. 89 Jufn!6/ RECODIFICATION REPORT 106.04 subd. 2This section requires anyone covered The proposed revision includes any by the Chapter to not disclose any former officials, after leaving their role confidential information without as a public official, may not disclose proper authorization.any confidential information. 106.04 subd. 3Explicitly prohibits anyone covered by The proposed revision is more succinct the Chapter from receiving any gifts and refers to very detailed and from any parties.thorough laws established in M.S. § 471.895. 106.05Describes disclosure requirements by The proposed revision removes the members of the City Council.requirements for those who file as a candidate to become a member of the City Council. The Minnesota Constitution Article 7, Section 6, and M.S. § 205.13 requires the City Clerk to put any candidate on a ballot if they are eligible to file an Affidavit of Candidacy, regardless of any form required by the City. Upon election as a member of the Council, the disclosure would be required. 106.06Upon recommendation of the City Attorney, applicants for membership to an advisory commission would be required to submit a Public Disclosure Form as part of their application for appointment. 106.11Describes how the City may respond M.S. 466.07 requires the City to defend to any violations of the Chapter.any public official for claims levied as long as the official was acting within the scopeof their employment or role. The proposed revision includes a requirement for anyone covered by the Chapter to report any violations of the Chapter to proper authorities. Reviewed By City ManagerDepartment Director City AttorneyRecodification Liaison Recodification Coordinating Group 8: Jufn!7/ AGENDA REPORT Meeting Date:March 10, 2022 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Resolution No. 2022-26,Approving Claims for the Period Ending March 9,2022 Background Attached is Resolution No. 2022-26and the Claims Report for the period ending March 9, 2022. Financial Impact Included in the budget. Recommendation Staff recommend adopting Resolution No. 2022-26. 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. 2022-26 City Council Claims Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 91 Jufn!7/ Resolution No. 2022-26 Approving Claims for the Period Ending March 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 March 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 March, 2022. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 92 Jufn!7/ 93 Jufn!7/ 94 Jufn!7/ 95 Jufn!7/ 96 Jufn!7/ 97 Jufn!7/ 98 Jufn!7/ 99 Jufn!7/ 9: Jufn!7/ :1 Jufn!7/ :2 Jufn!7/ :3 Jufn!7/ :4 Jufn!7/ :5 Jufn!7/ :6 Jufn!7/ :7 Jufn!7/ :8 Jufn!7/ :9 Jufn!7/ :: Jufn!7/ 211 Jufn!7/ 212 Jufn!7/ 213 Jufn!7/ 214 Jufn!7/ 215 Jufn!7/ 216 Jufn!7/ 217 Jufn!7/ 218 Jufn!7/ 219 Jufn!7/ 21: Jufn!7/ 221 Jufn!7/ 222 Jufn!7/ 223 Jufn!7/ 224 Jufn!7/ 225 Jufn!7/ 226 Jufn!7/ 227 Jufn!7/ 228 Jufn!7/ 229 Jufn!7/ 22: Jufn!7/ 231 Jufn!7/ 232 Jufn!7/ 233 Jufn!8/ AGENDA REPORT Meeting Date:March 14, 2022 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Brandon Brodhag, Civil Engineer Rachel Workin, Environmental Planner Title Resolution No. 2022-22, ApprovingCoon Creek Watershed District Water Quality Cost-Share Agreement for Riverview Terrace Street Rehabilitation Project Background The 2022Street Rehabilitation Project is anticipated to begin in June. In an effort to determine the need for a permit for the proposed street project, Coon Creek Watershed District (CCWD) staff and Engineering staff conducted a pre-application meeting last January. Given the Cityof Fridley (City)will be rehabilitating the roads, Staff understood this as an opportune time to address the issue by installing a water quality structure on the western limits of the project on Riverview Terrace. Given the measurable environmental benefits and timing of the street project, CCWDstaff identified that the water quality structure was a potential funding source for cost-share. Engineering s-Share Program to help fund the proposed water quality structure. The program had the potential to provide 50% of the total project cost up to $50,000 with a required 50% local match. While the project feasibility report did not assume this water quality improvement as part of the project -share purposes such as this. This project element is not proposed to be included in special assessments to property owners. The application scored highly and CCWD awarded the Citya total amount of $30,000to install the water quality structure. The City is responsible to design, construct and maintain the proposed water quality features. The attached agreement(Exhibit A)identifies that the City will be responsible to ensure that all terms of the cost-share agreement are met including: The City is to fund 50% of the project costs; Provide as-built records; Provide an operations and maintenance plan; Provide documentation of pollution reductions in accordance with the stated water quality outcomes; and Complete the project by December 31, 2023. Vision Statement We believe Fridley will be a safe, vibrant, friendlyand stable home for families and businesses. 234 Jufn!8/ Financial Impact A cost estimate of the approved features is provided in the attached cost-share application. The estimated cost for the Riverview Terrace water quality structure is $61,610.00. Overall, the District will be providing $3 share of the cost will be funded by the Storm Water Utility Fund Investment Plan. There is no recommended change to special assessments as a result of this water quality improvement. Recommendation Staff recommend the approval of Resolution No. 2022-22. 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 !Resolution No. 2022-22 !Exhibit A: Cost Share Agreement with Coon Creek Watershed District Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 235 Jufn!8/ Resolution No. 2022-22 Approve Coon Creek Watershed District Water Quality Cost-Share Agreement for 2022 Street Rehabilitation Project Whereas, Riverview Terrace is a street in the Logan Park neighborhood in the City of Fridley (City); and Whereas, the City is constructing a street rehabilitation project in the Logan Park neighborhood in 2022, listed in its Capital Investment Plan as Project No. ST2022-01; and Whereas, the CityLocal Water Plan directs the City to install stormwater best management practices during capital investment projects so that all of surface waters can be enjoyed to their highest intended use; and Whereas, the Mississippi River through the City is listed by the Minnesota Pollution Control Agency as impaired for aquatic consumption, aquatic recreation, and aquatic life; and Whereas, the City has the opportunity to improve the water quality the Mississippi River through installation of stormwater best management practices as part of the 2022 Street Project; and Whereas, the City has applied for and been awarded a grant in the amount of $30,000 by the Coon Creek Watershed District for the installation of a water quality structure in this area; and Whereas, the City has allocated funds in its Capital Investment Plan for the remaining cost of construction through its Storm Water Utility Fund; Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the Water Quality Cost-Share Agreement with the Coon Creek Watershed District for the water quality improvements in the 2022 Street Rehabilitation Project in the amount of $30,000 and authorizes execution of the grant document. th Passed and adopted by the City Council of the City of Fridley this 14 day of March, 2022. _______________________________________ Scott J. Lund Mayor Attest: Melisa Moore City Clerk 236 Jufn!8/ COON CREEK WATERSHED DISTRICT WATER QUALITY COST-SHARE AGREEMENT This Agreement is entered into ________________, 2022(Effective Date), by the Coon Creek Watershed District, a metropolitan watershed district and political subdivision of the State ofMinnesota (District), and the City of Fridley, a Minnesota municipal corporation (City). RECITALS A.The District and the City share a common interest in waterresource protection and improving water quality within the City of Fridleyand the Coon Creek Watershed District. B.The City intends to undertakeawater quality improvement projectin conjunction withaplanned street rehabilitation project: Installation of a hydrodynamic device at the stormwater junction manhole at 7144 Riverview Terracewithin the City of Fridley(Project). C.Theabove City Projectwill improve water quality within the City and theCoon Creek Watershed District by reducing total suspended sedimentand total phosphorusloadingto the Mississippi Riverwhich is impaired for turbidityand excess nutrients. D.The Cityhas applied to the District for cost-share assistance in implementing this Project. E.The District under its Water Quality Cost-Share Program desires to provide the City cost-share assistance for the above waterquality improvement Project, as more particularly set forth below. THEREFORE, in consideration of mutual promises set forth below and other good and valuable consideration, the District and City agree as follows: 1.Scope of Work. The Cityassumes the full and sole responsibility for implementation of the Project as set .The City will provide for the planning, engineering, construction,and construction administration andwill construct specifications. Minor changes in Project design that maintain the sameor greater level of water quality treatment are allowable by amending this Agree consent.The City is responsible for obtaining all required permits and approvals, and for complying with all applicable laws in constructing and implementing this Project. 2.Project Completion. The City will complete the above Projectby December 31, 2023, unless this Agreement Њ 237 Jufn!8/ 3. Cost-Share Funds. To defray the Project costs to the City, the District will provide the City cost-share assistance up to the total amount of $30,000, not to exceed 50% of total Project costs as outlined in the attached Exhibit A Grant Application Budget Form. 4. Terms of Payment. The District upon the Effective Date of this Agreement will disburse to the City 80% of -share amount. On District receipt of the certification of completion and review of such Project documentation as it may require, including invoices and receipts documenting actual Project costs, the District will disburse to the City the remaining District approved cost-share funds. The City is to provide as-built records, an approved operations and maintenance plan, and documentation of pollution reductions in accordance with the stated water quality outcomes included in Exhibit A. 5. Term of Agreement; Survival of Terms; Incorporation of Exhibits. This Agreement will be effective on ____________, 2022, and will expire on December 31, 2023, or when all obligations have been satisfactorily fulfilled, whichever occurs first. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clause: 7(E) Government Data Practices. Exhibit A is attached and incorporated by reference. 6. Contingencies. - compliance with the terms of this Agreement, including but not limited to Project completion in accordance with the District-approved plans and specifications, by the December 31, 2023 completion date. The City will return to the District any cost-share funds already received if this condition is not satisfied. 7. Miscellaneous. A. Relationship of Parties. Nothing in this Agreement creates or establishes a partnership, joint venture or agency relationship between the parties. District review or approval of design plans and specifications, and any other Project-related documents is solely for the Ћ 238 Jufn!8/ responsible for selection of the Project design and the means, method and manner of construction. Nothing in this Agreement creates a right in any third-party or affects any immunity, defense or liability limitation enjoyed by either party. B. Employees. The City represents that it has or will secure, at its own expense, all personnel and/or contractors required for the performance of this Agreement. No City personnel or contractor will be considered an agent, representative or employee of the District. C. Assignment or Modification. This Agreement binds and inures to the benefit of the City and the District, and their respective successors and assigns. Neither party may assign this Agreement without the prior written consent of the other. Any modification of the Agreement must be in writing and signed by both parties. D. Notices. Any notice provided under this Agreement will be sent by certified mail, return receipt requested, or by personal service at the following address: City of Fridley Coon Creek Watershed District 7071 University Ave NE 13632 Van Buren Street NE Fridley, MN 55432 Ham Lake, MN 55304 E. Government Data Practices Act. The District and City will comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, as it applies to all data created, collected, received, stored, used, maintained or disseminated by the District or the City under this Agreement. F. Recitals. The Recitals stated above are incorporated as part of this Agreement. COON CREEK WATERSHED DISTRICT: CITY OF FRIDLEY: By _______________________________ By __________________________ President, Board of Managers Mayor Dated: ____________________ Dated: ____________________________ By ________________________________ City Manager Dated: _________________________ Ќ 239 Jufn!8/ Fridley Civic Campus 7071University Ave N.E. Fridley, MN 55432 763-571-3450 |FAX: 763-571-1287 |FridleyMN.gov January28, 2022PW22-010 Coon Creek Watershed District Attn: Tim Kelly 13632 Van Buren Street NE Ham Lake, MN 55304 Subject:2022Water Quality Cost-Share Program Dear Mr. Kelly: Enclosed within is the City of Fridley’s submittal for the District’s 2022Water Quality Cost-Share Program. The City is proposingto incorporate water quality improvements this year as part of ourscheduled 2022 StreetRehabilitationProject. These improvements are located near the Mississippi River. Thewater qualityimprovements includean installation of a hydrodynamic device downstream of the Stormwater Junction Manhole at 7144Riverview Terracewhich has a drainagearea of 19.2acres. The hydrodynamic device will be installed within the City’s storm sewer system and is designed to remove total suspended solids, metals, oil/grease, and other debris from stormwater runoff. th Based on our January 27pre-application meeting with CCWD staff, our 2022Street Rehabilitation project does not trigger any permit requirements for water quality improvements.The project is not disturbing the sub-base or changing stormwater rates. Please do not hesitate to contact me at (763) 238-8086or brandon.brodhag@fridleymn.govif you have questions or need any clarifications. Sincerely, Brandon BrodhagP.E. Civil Engineer 23: Jufn!8/ Coon Creek Watershed District Office Use: Grant App # (WAN ) 13632 Van Buren St NEAmount Awarded Ham Lake, MN 55304 Funding Agreement signed 763.755.0975 CCWD Water Quality Cost-Share Program Grant Application Applicant Information Name, Title Jim Kosluchar, Public Works Director Organization City of Fridley Address 7071 University Avenue NE, Fridley, MN 55432 Email, Phone Jim.Kosluchar@fridleymn.gov763-572-3550 Project Information- Be clear and brief. If necessary, attach additional pages City of Fridley 2022 Street Project Water Quality Improvements Title The City of Fridley is proposing to incorporate water quality Description improvements in the summer of 2022 as part of the scheduled What, where, when, 2022 StreetRehabilitation Project*. These improvements are and why? located near the Mississippi River. If the project is subject The water quality improvements include an installation of a to a District permit, hydrodynamic device downstream of the Stormwater Junction describe how the Manhole at 7144 Riverview Terrace. proposed work goes above and beyond The hydrodynamic device will be installed within the City’s storm permit requirements. sewer system and is designed to remove total suspended solids, metals, oil/grease, and other debris from stormwater runoff. The proposed hydrodynamic device is similar to the structure that was constructed on Liberty Street in 2020 in the Springbrook Neighborhood for the City’s Street Rehabilitation Project near Springbrook Creek. These projects address Goal #1 of Fridley’s approved Local Water Plan: Goal #1: All of Fridley’s surface waters can be enjoyed to their highest intended use And is listed as Project 22 in conjunction with Action 1.1.A and Action 1.3.C: Project 22: 2024Road Reconstruction Project (project moved up to construction in 2022): Improvements to stormwater drainage system within the Hartman Circle and Logan Park Neighborhoods 1 241 Jufn!8/ Action 1.1.A The City, in coordination with partner agencies, will install stormwater best management practices during future capital investment projects and complete standalone water quality and quantity improvement projects. Action 1.3.C The City will integrate water quality and water quantity improvements into road reconstruction projects and evaluate the opportunity to decrease road widths, install vegetation, and implement stormwater best management practices where appropriate during road reconstruction projects. These projects are also consistent with Coon Creek Watershed District’s 2013-2023 Comprehensive Plan Goal 3: Goal 3: To ensure that water isprotected from contamination. th *Based on our January 27pre-application meeting with CCWD staff and the District Engineer, our 2022Street Rehabilitation project does not trigger any permit requirements for water quality improvements.The project is not disturbing the sub-base or changing stormwater rates. Mississippi Riveris impaired for aquatic life (approved Coon Creek Water Quality Watershed District WRAPS) and aquatic recreation (Upper Outcomes Mississippi River Bacteria TMDL). Include pollutants or parameters addressed The hydrodynamic device Downstream Defenderwill treat water and receiving water(s) from 19.2acres, resulting in the removal of 11,500pounds of TSS benefited. Quantify and the corresponding mass of phosphorus annually. whenpossible. Thisproject would benefit the Mississippi Riverand help to achieve the MPCA’s recommended goal identified in the South Metro Mississippi TMDL project of 20% sediment reduction from the Upper Mississippi. The City would inspect the proposed hydrodynamic device and Secondary perform necessary debris removal annually or more frequently if Benefits performance dictates as part of its storm sewer maintenance flood mitigation, program. While this is an increase in maintenance responsibility safety, aesthetics, for the City, it would be low maintenance compared to other best reduced maintenance management practices, particularly with equipment the City has available. Total $Requested $30,000 not to exceed $50,000 or 50% of project cost Attach design, photos,or other related project documents as needed Signature/Date:_________________1/28/2022______________________ Not valid without signature 2 242 Jufn!8/ Fill out budget form or attach quote (only include line items related to stated water quality outcomes) ItemUnitQuantityUnit CostTotal MobilizationLS1$5000.00$5,000.00 Remove Concrete Curb & LF50$8.00$400.00 Gutter Sawing Bituminous LF70$3.00$210.00 Pavement (Full Depth) Remove Bituminous SY50$15.00$750.00 Pavement (Full Depth) Common Excavation CY300$40.00$12,000.00 (14’ Depth) Connect to Existing Storm EA2$1,000.00$2,000.00 Sewer Select Granular Borrow CY300$25.00$7,500.00 Temporary Support of Ex. LS1$2,000.00$2,000.00 Utilities Water Quality Structure EA1$25,000.00$25,000.00 4” Bituminous Patch w/ 8” SY50$60.00$3,000.00 Class 5 Aggregate Concrete Curb & GutterLF50$25.00$1,250.00 RestorationLS1$1,000.00$1,000.00 Traffic ControlLS1$1,500.00$1,500.00 Grand $61,610.00 Total Please use same format on separate page if needed 3 243 Jufn!8/ MEMORANDUM Public Works Department Streets • Parks • Water • Sewer • Stormwater • Fleet • Facilities • Forestry•Engineering Date:1/25/2022 To:File From:Brandon Brodhag RE:ST 2022-01 CCWD Cost Share Components The City of Fridley Street Improvement Project ST 2022-01 includes astormwater BMPthat will be submitted to CCWD forconsideration in the Districts costshare program. Aninstallation of a hydrodynamic separator at the downstream end of the storm sewer system just above the outlet to theMississippi River. The followingis the benefit analysis for thisproject. Hydrodynamic Separator The City of Fridley is proposing to install a Downstream Defender hydrodynamic separator manufactured by Hydro International downstream of the Stormwater JunctionManhole on the st west sideof Riverview Terrace between 71Wayand 71 ½Wayalong the existing 21-inchstorm sewer that runs east-westthat outlets tothe Mississippi River. The total drainage area contributing to this structure is 19.2acres which has an impervious fraction of 20 percent. The Downstream Defender is included in the Sizing Hydrodynamic Separators andManholes (SHSAM) program developed by Barr Engineering. We have used SHSAM toevaluate the benefits of this structure. Inputinformationincludes drainage area (19.2acres), percent impervious(20%), precipitation data (Golden Valley, MN), particle size distribution(MnDOT Road Sand), and influent concentration (TSS 60mg/L). Based on this information over thetime period of 1995 to 2007 the Downstream Defender 6is expected to have removal efficiencyof 62.5% (11500lbs TSS removed). 244 Jufn!8/ 245 Jufn!8/ 246 Jufn!8/ 247 Jufn!8/ 248 Jufn!8/ SHSAM: Hydrodynamic Separators & Manholes Summary Output "Removal" Number of NameModelYearAnnual Load (lbs)Load Removed (lbs)Deposit (in) Efficiency (%)Cleanings DownstreamDefender41995541401.2758.87.040 DownstreamDefender61995951401.21328.95.480 DownstreamDefender81995991401.21381.23.20 DownstreamDefender1019951001401.21395.82.070 DownstreamDefender41996491514.7737.26.840 DownstreamDefender61996781514.71182.84.880 DownstreamDefender81996951514.71444.33.350 DownstreamDefender101996981514.714822.20 DownstreamDefender4199792071.9177.61.650 DownstreamDefender61997382071.9786.83.240 DownstreamDefender81997712071.91478.93.430 DownstreamDefender101997902071.918652.770 DownstreamDefender41998401174.24764.410 DownstreamDefender61998901174.21051.54.330 DownstreamDefender81998971174.21138.92.640 DownstreamDefender101998991174.21163.11.730 DownstreamDefender4199964784.9499.74.630 DownstreamDefender6199996784.9754.43.110 DownstreamDefender8199999784.9778.31.80 DownstreamDefender101999100784.9783.41.160 DownstreamDefender42000191681.4315.42.930 DownstreamDefender62000241681.4401.81.660 DownstreamDefender82000811681.41358.83.150 DownstreamDefender102000921681.415452.290 DownstreamDefender42001611217.8745.56.910 DownstreamDefender62001961217.81165.44.80 DownstreamDefender82001991217.81205.92.80 DownstreamDefender1020011001217.812151.80 DownstreamDefender42002191586.1300.92.790 DownstreamDefender62002481586.1754.53.110 DownstreamDefender82002881586.11395.23.240 DownstreamDefender102002951586.11508.92.240 DownstreamDefender42003121650.3192.61.790 DownstreamDefender62003221650.3361.51.490 DownstreamDefender82003381650.3624.21.450 DownstreamDefender102003771650.31273.21.890 DownstreamDefender42004471288.4609.45.650 DownstreamDefender62004931288.41193.14.920 DownstreamDefender82004981288.41265.42.930 DownstreamDefender1020041001288.41282.91.90 DownstreamDefender4200591619.31531.420 DownstreamDefender62005561619.3906.73.740 DownstreamDefender82005901619.31464.83.40 DownstreamDefender102005961619.31551.62.30 DownstreamDefender4200623957.42222.060 DownstreamDefender6200651957.4489.42.020 DownstreamDefender8200690957.4861.420 DownstreamDefender10200696957.4914.21.360 DownstreamDefender4200723999.2226.72.10 DownstreamDefender6200784999.2841.23.470 DownstreamDefender8200795999.2948.72.20 DownstreamDefender10200798999.29831.460 Total Load Removed NameModelTotal Load (lbs)Removal Efficiency (%)Model Height (ft)Model Diameter (ft)Pipe Diameter (inches) (lbs) DownstreamDefender417947541530.24.1412 DownstreamDefender6179471121862.55.8618 DownstreamDefender8179471534685.57.7824 DownstreamDefender10179471696394.59.41030 249 Jufn!9/ AGENDA REPORT Meeting Date:March14, 2022 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Jon Lennander, Assistant City Engineer Title Resolution No. 2022-23, ApprovingChange Order No. 1for Farr Lake/Danube Pond DredgingProject No. 603-60-20-472 Background Attached is Change Order No. 1for the Farr Lake/Danube Pond DredgingProject No. 603-60-20-472. This project providesstormwater maintenance for a series of ponds in the Farr Lake watershed.The work wasperformed under a contract with Peterson Companiesof Chisago City, MN(Contractor). The work in this project included the dredging and removal of accumulated sediment from four pond/wetlands. Theoriginal contractamount for this project was $74,228.No changes to the contract have been approved before this request.The work in Pay Request 1 from Peterson Companies included excavation and disposal of 1039 tons additional sediment than estimated in the bid documents. The total cost billed in pay request 1 was $125,755.14 (69% above bid). Additional work and associated costwererequired due tothe volume of material to be removed from each basin was estimatedfor the bidding processbased on field measurements. When the Contractor began the work, the amount of sediment varied across the basins, and in one case the conditions in the basin were found to be different and unexpected. The contractor removed all sediment in the basins allowed under the Wetland Conservation Arearules, which will maximize the duration until further maintenance is required.The quantity of material removed was higher than estimated and is the reason for the additional cost. This work was completed priorthe approval of Change Order 1. Financial Impact All costsfor this change order will be the responsibility of the City of Fridley.Funding is provided by the Capital Investment Plan.The Capital Investment Program project budget of $150,000 is sufficient to fund the work fully, with no reduction in funding to other projects. Recommendation Staff recommend the approval of Resolution No. 2022-23. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 24: Jufn!9/ Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity x Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2022-23 !Exhibit A: Change Order No. 1 for Farr Lake/Danube Pond Dredging Project No. 603-60-20-472 !Exhibit B: Pay Request 1 from Peterson Companies Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 251 Jufn!9/ Resolution No. 2022-23 Approving Change Order No. 1 for Farr Lake/Danube Pond Dredging Project No. 603-60-20-472 Whereas, a contract with Peterson Companies (Contractor) for the for Farr Lake/Danube Pond Dredging Project No. 603-60-20-472 (Project), was approved by the Fridley City Council on December 13, 2021; and Whereas, the Project is budgeted in the City of Fridley Capital Investment Program and funded by the Storm Water Utility Fund; and Whereas, additional work has been completed by the Contractor as directed by the City of Fridley; and Whereas, cumulative additional work has modified the original contract from $74,228 to $125,755.14 (69% increase); and Whereas, the Contractor performed the work, the work is complete, and the project is substantially complete. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves Approval of Change Order No. 1 for the Farr Lake/Danube Pond Dredging Project No. 603-60-20- 472 in the amount of $51,527.14. Passed and adopted by the City Council of the City of Fridley this 14th day of March 2022. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 252 Jufn!9/ 2 Kvtujo!Cfshfstpo 1303403133 253 Jufn!9/ 254 Jufn!9/ CHANGE ORDER FORM 1 Change Order No. Date of Issuance: Effective Date:3/14/22 3/14/22 City of Fridley Owner:Owner's Contract No.: 603-60-20-472 Peterson Companies Contractor:Contractor’s Project No.: Barr Engineering Engineer:Engineer's Project No.: Farr Lake/Danube Ponds Dredging Project:Contract Name: The Contract is modified as follows upon execution of this Change Order: Description: Change in Contract price due to additional final cost of dredging and disposal Attachments: CHANGEIN CONTRACT PRICECHANGE IN CONTRACT TIMES \[note changes in Milestones if applicable\] Original Contract Price:Original Contract Times: Substantial Completion: 0 $74,228.00 Ready for Final Payment: 0 days or dates \[Increase\] \[Decrease\] frompreviously approved Change \[Increase\] \[Decrease\] from previously approved Change Orders No. to No. : Orders No. to No. : Substantial Completion: 0 $0 Ready for Final Payment: 0 days Contract Price prior to this Change Order:Contract Times prior to this Change Order: Substantial Completion: 0 $74,228.00Ready for Final Payment: 0 days or dates \[Increase\] \[Decrease\] of this Change Order:\[Increase\] \[Decrease\] of this Change Order: Substantial Completion: 0 $51,527.14Ready for Final Payment: 0 days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: 0 $125,755.14 Ready for Final Payment: 0 days or dates RECOMMENDED:ACCEPTED:ACCEPTED: By:By:By: Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature) TitleTitle Title: DateDate Date: Approved by Funding Agency (if applicable) Date: By: Title: 255 Jufn!:/ AGENDA REPORT Meeting Date:March 14, 2022 Meeting Type:City Council Submitted By:Jon Lennander, City Engineer James Kosluchar, Public Works Director Title Resolution No. 2022-24,Approving a Grant Agreement with Rice Creek Watershed Districtfor Farr Lake/Danube PondStorm Sewer ModificationProject Background The City of Fridley (City) has been working on the improvement of ponds and wetlands in the area around Farr Lake. Improving these ponds provides a direct benefit to Farr Lake by reducing the amount of sediment entering the lake through stormwater runoff. In general,the plans wereto remove sediment in four basinsaround the laketo improvethe basins appearance and operationto the maximum extent possible. The work in this project came from recommendations by Barr Engineering in a study of the Farr Lake area in 2020. In late 2021, the City Council approved the Farr Lake/Danube Ponds Dredging Project, and the work was substantially completed in January and February 2022.A second recommendation from the Barr report was to install pretreatment devices in the manholes discharging into these ponds and Farr Lake. Public Works applied for a Rice Creek Watershed DistrictStormwater Management Grant in late2021 for the purpose of adding pretreatment to the areas included in the dredging project. Pretreatmentdevices work by keeping pollutants close to the source andfacilitate maintenance. This increases the frequency of maintenance of the structures and reduces thequantity of pollutants entering the downstream water body. The grant will provide for the installation of between fiveand 10 sump manholes with hydrodynamic separator baffles and floatable skimmers. Sump manholes are effective at removing sediment and trash from receiving waters. By trapping sediments in sump manholes,they can be easily removed. Since the manhole structures proposed for this project are all in local streets, maintenance with the Cityhydrovac truck is the most convenient and cost-effectivemethod of removal. Financial Impact Rice Creek Watershed District has awarded the City of Fridley a grant in the amount of $100,000 for this project. Attached is the grant agreement that will enable use of the funds for this project. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 256 Jufn!:/ Recommendation Staff recommend the approval of Resolution No. 2022-24. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution 2022-24 !Exhibit A: Grant Agreement with Rice Creek Watershed District !Exhibit B: Grant Agreement Approval Letter Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 257 Jufn!:/ Resolution No. 2022-24 Approving Farr Lake/Danube Pond Stormwater Management Project Grant Agreement Project No. 603-60-20-472 Whereas, The City of Fridley (City) has been working on stormwater improvements in the Farr Lake Area; and Whereas, the City has completed a study of the Farr Lake watershed with Barr Engineering; and Whereas, this report identified and recommended the installation of pretreatment devices in the storm sewers draining to Farr Lake and the Danube Ponds, and Whereas, the City has applied for and been awarded a grant in the amount of $100,000 by the Rice Creek Watershed District for the installation of pretreatment devices in this area; and Whereas, the proposed work will assist in managing and improving stormwater quality in the City; and Whereas Minnesota Pollution Control Agency and the Environmental Protection Agency; and Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the Stormwater Management Grant Agreement with the Rice Creek Watershed District for the Farr Lake/Danube Pond Project in the amount of $100,000 and authorizes execution of the grant document. th Passed and adopted by the City Council of the City of Fridley this 14 day of March 2022. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 258 Jufn!:/ 2022 STORMWATER MANAGEMENT GRANT AGREEMENT GRANT AGREEMENT between the Rice Creek Watershed District, 4325 Pheasant Ridge Drive NE, Suite 611, Blaine, Minnesota 55449 and City of Fridley, 7071 University Avenue Northeast, Fridley, MN 55432. RECITALS WHEREAS, the City of Fridley (Grantee) intends to construct a project titled “Farr Lake and Danube Ponds Pretreatment Project” (Project); and, WHEREAS, the Rice Creek Watershed District (District) operates a Stormwater Management Grant Program for the improvement and remediation of stormwater management systems throughout the Rice Creek Watershed; and, WHEREAS, in accordance with District program guidelines, the District desires to provide the Grantee financial assistance for the Project. THEREFORE, in consideration of mutual promises set forth herein and other good and valuable consideration, the District and the Grantee agree as follows: I.GRANTEE RESPONSIBLITIES. A.Design Plan, Operation Plan and Maintenance Plan. Design plans for the project must be signed by a licensed professional engineer or landscape architect. The Grantee will submit (1) final signed plans and specifications for the Project, and (2) an operations and maintenance plan to the District for the Administrator’s written approval, not to be unreasonably withheld. The Project plans and specifications must include a public education component. The District, in its discretion, may approve a non-structural public education component. B.Construction and Maintenance. The Grantee, through its own personnel and/or contractors, will construct the Project in accordance with the approved Project plans and specifications and maintain it indefinitely in accordance with the approved maintenance plan. In doing so, the Grantee will comply with all applicable laws and regulations and will be responsible for acquiring all permits, approvals and temporary and permanent rights of access or easement. C.Perpetual Access for Maintenance. The Grantee shall submit to the District, in a form acceptable to the District, legal assurance that the Grantee has perpetual access to the Project’s location for construction, operation and maintenance and that the Project will be maintained in perpetuity. D.Completion of Construction. The Grantee’s staff or consulting engineer will certify the completion of Project construction in accordance with the approved plans and specifications no later than October 31, 2024. The Grantee will submit to the District documentation of Project expenditures and the certification of completion no later than December 31, 2024. 1 259 Jufn!:/ II. DISTRICT RESPONSIBILITIES. A. Grant Funds. To defray the Project cost to the Grantee, the District will provide the Grantee financial assistance in the amount of fifty (50) percent of the Project’s eligible costs, as determined by the District, with the total amount of District assistance not to exceed $100,000. B. Payment Schedule. On District approval of the Project plans, specifications, and operations and maintenance plan, certification by the Grantee that it has obtained all necessary permits and approvals, District approval of the Grantee’s perpetual access and maintenance assurance, and receipt of the Grantee’s issued notice to proceed, the District may disburse fifty (50) percent of the RCWD Board approved grant amount upon request of the Grantee. On District receipt of the certification of completion and review of such Project documentation as it may require, the District will disburse the remaining RCWD Board approved funds. C. Contingencies. The District’s obligation to provide grant funds is contingent on the Grantee’s compliance with the terms of this agreement, including but not limited to Project completion in accordance with the District-approved plans and specifications by October 31, 2024 and Project maintenance in accordance with the approved maintenance plan. The Grantee will return to the District any grant funds already received if this condition is not satisfied. III. MISCELLANEOUS. A. Relationship of Parties. Nothing in this agreement creates or establishes a partnership, joint venture or agency relationship between the parties. District review or approval of design plans and specifications, a maintenance plan and any other Project-related documents is solely for the District’s own accounting for funds expended. As between the parties, the Grantee is solely responsible for selection of the Project design and the means, method and manner of construction. Nothing in this agreement creates any right in any third party or affects any immunity, defense or liability limitation enjoyed by either party. B. Employees. The Grantee represents that it has or will secure, at its own expense, all personnel and/or contractors required for the performance of this agreement. No Grantee personnel or contractor will be considered an agent, representative or employee of the District. C. Liability. The Grantee agrees to hold harmless and indemnify the District, and its managers, staff and representatives, up to the maximum liability limits of Minnesota Statutes Section 466.04, against any claim, expense or damage, including attorney fees, arising from the performance of this agreement. D. Assignment or Modification. This agreement binds and inures to the benefit of the Grantee and the District, and their respective successors and assigns. Neither party may assign this agreement without the prior written consent of the other. Any modification of the agreement must be in writing and signed by both parties. E. Public Documents. All submitted information, including application, conceptual design, cost estimates, bid tabulations, final designs and specifications, copies of permits and proof of 2 25: Jufn!:/ expenditures will become a part of the public record. Grantee will not claim intellectual property rights in any such information. F. Effective Date. This agreement is effective as of the date all signatures below have been provided. Dated: , 2022 CITY OF FRIDLEY By: Its: Dated: 2/23 , 2022 RICE CREEK WATERSHED DISTRICT By: Nick Tomczik, Administrator 3 261 Jufn!:/ February 23, 2022 Jon Lennander City of Fridley 7071 University Avenue NE Fridley, MN 55432 Re:RCWD 2022 Stormwater Management GrantProgram Dear Mr. Lennander, The Rice Creek Watershed District is pleased to inform you that your application to the District’s 2022 Stormwater Management GrantProgram for theFarr Lake/Danube Ponds Pretreatment Project was approved for up to $100,000 in funding by the RCWD Board of Managers on February 23, 2022. We look forward to partnering with the City of Fridleyin implementing its water quality improvement project. A grant agreement for this project is enclosed, signed by the RCWD Administrator.Please execute the agreement and return a copy to the RCWD. Email transmittal is acceptable. The grant agreement must be executed by the City and submitted to the District no later than May 31, 2022, otherwise funding for the City’s project may be cancelled. Thank you for your commitment to improving water quality in the Rice Creek Watershed. If you have any further questions, feel free to contact me at 763-398-3072 or kaxtell@ricecreek.org. Sincerely, Kyle Axtell Project Manager Enc:Grant Agreement 4325 Pheasant Ridge Drive NE #611 | Blaine, MN 55449 | T: 763-398-3070 | F: 763-398-3088 | www.ricecreek.org BOARD OF Patricia L. Preiner Steven P. Wagamon Michael J. Bradley Marcie Weinandt John J. Waller 262 AnokaCountyAnoka County Ramsey County Ramsey County Washington County MANAGERS Jufn!21/ AGENDA REPORT Meeting Date:March 14, 2022 Meeting Type:City Council Meeting Submitted By:Melissa Moore, City Clerk Title Ordinance No. 1401, Amending the Fridley City Code Chapter 1, Legislative Body, Pertaining to Ward and Precinct Boundaries Background Redistricting is the process of redrawing the boundaries of election districts (Exhibit A) to ensure that the people of each district are equally represented. It is done in the United States every ten years, after the completion of the decennial Census. The Constitution of the State of Minnesota and State statutes direct what districts must be redistricted and the processes for doing such. ordinance. This proposed Redistricting Plan (Plan) includes no changes to ward boundaries(Exhibit B). Section 2.05 of the Charter requires the population of each ward shall not deviate by more than 3% from the average. Based on the 2020 Federal Census the population of the City was 29,590. The population broken down by ward is: Total Ward Population% Deviation Ward 110,1022.41% over average Ward 29,896.33% over average Ward 39,5922.7% under average Cities are required to provide accessible and secure polling locations for municipal voters. City Clerks follow guidelines established in State statute, by the Minnesota Secretary of State and the Anoka County Elections Division. Certainlaws and recommended best practices include guidelines for polling locations to be fully accessible and compliantwith the Americans with Disabilities Act (ADA), ease of navigation to the polling location, and a large enough space to conduct voting procedures. The proliferation ofAbsentee Balloting (AB), also referred to as early voting, was considered when designing this Plan. AB begins 46 days before Election Day. Voters may request a ballot be mailed to their home, or they may vote early at City Hall or the Anoka County Government Center. The ever- increasing popularity of AB has caused in-person voting numbers at polling locations to steadily decrease over the years (Exhibit C). Therefore, this Plan proposes the City go from 12 precincts down to 10. The remainder of this Report describes the proposed changes in detail. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 263 Jufn!21/ Changes proposed by the Plan include a precinct boundary change between Ward 1 Precinct 1 and Ward th 1 Precinct 2. The precinct boundary will now be along 69 Avenue and mirroring the school district boundary between the Spring Lake Park School District and the Fridley School District. This change is proposed to eliminate the school district split in Ward 1 Precinct 2 (Exhibit D). This Plan recommends the combining of Ward 2 Precinct 2, which votes at Michael Servetus Unitarian Church for these reasons: !The building is tucked back into a residential neighborhood, so it causes confusion among voters; !The building has a limited number of parking spaces so during high volume voting hours voters park on the street causing congestion; !Staff have been notified that the property is for sale and/or has been purchased by a new entity; and ! hours. The new boundary of Ward 2 Precinct 2 (Exhibit B) is a significant change for Ward 2, with a large increase from Central Avenue, and a large space to accommodate voting. Looking at Exhibit B, the proposed Plan include a precinct boundary change between Ward 2 Precinct 2 and Ward 2 Precinct 3. The boundary is moved to Hathaway Lane and mirrors the border between the Fridley School District and the Columbia Heights School District. This change is proposed to eliminate the school district splits in both precincts (Exhibit D). Changes proposed by the Plan include a precinct boundary change between Ward 3 Precinct 1 and Ward th 3 Precinct 2. The precinct boundary would change from the railroad to now extend further along 79 Way to the east to Main Street, removing the Fridley School District. This change is proposed to eliminate the school district split in Ward 3 Precinct 1 (Exhibit D). This Plan recommends the reorganization of Ward 3 Precinct 3, which votes at Fridley Covenant Church for these reasons: !This building is in a residential neighborhood, occasionally causing parking issues; !The building, while ADA compliant, makes getting to the basement voting space difficult for anyone with limited mobility; !The voting space in the basement of the church is small with no natural light and is difficult to control he temperature; and !Fridley Covenant Church operates Manna Market Food Shelf, which shuts down its operations to accommodate voting activities. This proposed change essentially divides the precinct in half, some of the registered voters will now vote at Stevenson Elementary and some will now vote at Redeemer Lutheran Church. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 264 Jufn!21/ Financial Impact The City plans to mail postcards to those registered voters in the affected areas. Staff estimate the cost of such a postcard mailing to be approximately $800, which will be paid out of the Elections budget for 2022. Recommendation Staff recommend the City Council conduct a first reading of Ordinance No. 1401. 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 !Ordinance No. 1401 !Exhibit A: Current Map !Exhibit B: Proposed Map !Exhibit C: Absentee Balloting Voting Statistics !Exhibit D: School District Map Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 265 Jufn!21/ Ordinance No. 1401 Amending the Fridley City Code Chapter 1, Legislative Body, Pertaining to Ward and Precinct Boundaries 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: Fridley City Code Chapter 1.104 Legislative 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 1 of 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: Ward 1 Ward No. 1, Precinct No. 1 is established as the area bounded as follows: North: Starting at the northern City Limits (approximately 255 feet north of the intersection of Osborne Road and T.H. #47 Avenue) go east on the northern City Limits to Baker Street. East: rd Using Baker Street and starting at the northern City Limits, go south on Baker Street to 73 rd Avenue, then go east on 73 Avenue 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 th Terrace to Madison Street, then go south on Madison Street to 7 Street, then go south on ththththth 7 Street to 67 Avenue, then go west on 67 Avenue to 4 Street, then go north on 4 Street 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 (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 ththththth to 4 Street, then go south on 4 Street to 67 Avenue, then go east on 67 Avenue to 7 th Street, then go northeast on 7 Street 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 266 Jufn!21/ Drive, then go southwest on Carol Drive to West Moore Lake Drive. South: Using West Moore st Lake Drive and starting at Carol Drive, go southwest on West Moore Lake Drive to 61 Avenue, stthth then go west on 61 Avenue to 7 Street, then go north 7 Street to Mississippi Street, then go west on Mississippi Street to 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, thth go east on Mississippi Street to 7 Street. East: Using 7 Street and starting at Mississippi thththth Street, go south on 7 Street to 57 Avenue. South: Using 57 Avenue and starting at 7 th Street, go west on 57th Avenue to T.H. #47. West: Using T.H. #47 and starting at 57 Avenue, th go north on T.H. #47 to 59th Avenue, then go west on 59 Avenue to Main Street, then go stst north on Main Street to 61 Avenue, then go west on 61 Avenue 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 61 Avenue and starting at 7 Street, go east on 61 Avenue to West Moore st Lake Drive. East: Using West Moore Lake Drive and starting at 61 Avenue, 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 to Matterhorn Drive, then go south on Matterhorn Drive to the southern City Limits. South: Using the southern City Limits and starting at Matterhorn Drive, go west on the southern City Limits to T.H. #47. West: Using T.H. #47 and starting at the southern City Limits, thth go north on T.H. #47 to 57 Avenue, then go east on 57th Avenue to 7 Street, then go north thst on 7 Street to 61 Avenue. Ward 2 Ward No. 2, Precinct No. 1 is established as the area bounded as follows: North: Using the northern City Limits (Osborne Road) starting at Baker Street, go east on the northern City Limits to the eastern City Limits. East: Using the eastern City Limits, go south on thth the eastern City Limits to 69 Avenue. South: Using 69 Avenue and starting at the eastern th City Limits, go west on 69 Avenue to Central Avenue, then go south on Central Avenue to Rice Creek, then go west on Rice Creek To T.H. #65. West: Using T.H. #65 and starting at Rice rdrd Creek, go north on T.H. #65 to 73 Avenue, then go west on 73 Avenue to Baker Street, then go north on Baker Street to the northern City Limits. 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, thth then go north on Central Avenue to 69 Avenue, then go east on 69 Avenue to the eastern th City Limits. East: Using eastern City Limits and starting at 69 Avenue, go south on the eastern thth City Limits to 66 Avenue. South: Using 66 Avenue and starting the eastern City Limits, go th west on 66 Avenue to Arthur Street, then go south on Arthur Street to Mississippi Street, then go west on Mississippi Street to Central Avenue, then go south on Central Avenue to East 267 Jufn!21/ 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 the eastern City Limits. East: Using the eastern City Limits and starting th at 66 Avenue, go south on the eastern City Limits to Gardena Avenue. South: Using Gardena Avenue and starting at the eastern City Limits, 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 st go northwest on West Moore Lake Drive to 61 Avenue, 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 limits. East: Using the eastern City Limits and starting at Gardena Avenue go south on the eastern City Limits to the southern City Limits. South: Using the southern City Limits and starting at the eastern City Limits, go west on the southern City Limits to Matterhorn Drive. West: Using Matterhorn Drive and starting at the southern City Limits, 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. 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 Limits, follow the northern City Limits east to the Burlington Northern right-of-way, then go north on the Burlington Northern thth Railroad right-of-way (City Limits) to 85 Avenue (City Limits), then go east on 85 Avenue th (City Limits) to T.H. #47 (City Limits). East: Using T.H. #47 (City Limits) and starting at 85 Avenue go south on T.H. #47 (City Limits) to Osborne Road. South: Using Osborne Road and starting at T.H. #47, go southwest on Osborne Road to Burlington Northern Railroad th right-of-way, then go north on the Burlington Northern Railroad right-of-way to 79 Way, th then go west on 79 Way to the western City Limits (Mississippi River). West: Using the western th City Limits and starting at 79 Way, go north to the northern City Limits. 268 Jufn!21/ Ward No. 3, Precinct No. 2 is established as the area bounded as follows: thth North: Using the western City Limits and starting at 79 Way, go east on 79 Way 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 Limits, then go north on the western th City Limits to 79 Way. Ward No. 3, Precinct No. 3 is established as the area bounded as follows: North: Using the western City Limits and 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 Northern stst Railroad right-of -way to the extension of 61 Avenue, then go east on 61 Avenue 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 Limits. West: Starting at T.H. #694 on the western City Limits, go north on the western City Limits from 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 and starting at T.H. #694, go east on T.H. #694 to Main thth Street, then go north on Main Street to 59 Avenue, then go east on 59 Avenue to T.H. #47. th East: Using T.H. #47 and starting at 59 Avenue, go south on T.H. #47 to the City Limits and continuing on to the southern City Limits. South: Using the southern City Limits go west to the western City Limits. West: Using the western City Limits, starting at the southern City Limits, go north on the western City Limits to T.H. #694. Ward 1 Ward No. 1, Precinct No. 1 is established as the area bounded as follows: Using Osborne Road NE and starting at University Avenue NE, go east on Osborne Road NE rd along the northern City boundary to Baker Street NE, south on Baker Street NE to 73 Avenue rd NE, east on 73 Avenue NE to Highway 65 NE, south on Highway 65 NE to the southern boundary of Spring Lake Park School District #16, west along the southern boundary of Spring Lake Park School District #16 to the University Avenue NE, north on University Avenue NE to Osborne Road NE. Ward No. 1, Precinct No. 2 is established as the area bounded as follows: thth Using University Avenue NE and starting at 69 Avenue NE, go east on 69 Avenue NE, where th 69 Avenue NE ends continue along the northern boundary of Fridley School District #14 to 269 Jufn!21/ Highway 65 NE, south on Highway 65 NE to Mississippi Street NE, west on Mississippi Street NE to Van Buren Street NE, south on Van Buren Street NE to Carol Drive NE, southwest on Carol Drive NE to West Moore Lake Drive NE, southwest on West Moore Lake Drive NE to 61st stthth Avenue, west on 61 Avenue NE to 7 Street NE, north on 7 Street NE to Mississippi Street NE, west on Mississippi Street NE to University Avenue NE, north on University Avenue NE to th 69 Avenue NE. Ward No. 1, Precinct No. 3 is established as the area bounded as follows: Using Mississippi Street NE and starting at the Burlington Northern Railroad right-of-way, go ththth east on Mississippi Street to 7 Street NE, south on 7 Street NE to 57 Avenue NE, west on thth 57 Avenue NE to University Avenue NE, north on University Avenue NE to 59 Avenue NE, thst west on 59 Avenue NE to Main Street NE, north on Main Street NE to 61 Avenue NE, west st on 61 Avenue NE to the Burlington Northern Railroad right-of-way, north on the Burlington Northern Railroad right-of way to Mississippi Street NE. Ward No. 1, Precinct No. 4 is established as the area bounded as follows: thst Using 61st Avenue NE and starting at 7 Street NE, go east on 61 Avenue NE to West Moore Lake Drive NE, south on West Moore Lake Drive NE to Medtronic Parkway NE, east on Medtronic Parkway NE to Highway 65 NE, south on Highway 65 NE to Interstate 694, east on Interstate 694 to Matterhorn Drive NE, south on Matterhorn Drive NE to the southern City boundary, west on the southern City boundary to Highway 65 NE, north on Highway 65 NE to rdrd 53 Avenue NE, west on 53 Avenue NE to University Avenue NE, north on University Avenue ththththst NE to 57 Avenue NE, east on 57 Avenue NE to 7 Street NE, north on 7 Street NE to 61 Avenue NE. Ward 2 Ward No. 2, Precinct No. 1 is established as the area bounded as follows: Using the northern City boundary (Osborne Road) starting at Baker Street, go east on the northern City boundary to the eastern City boundary, south on the eastern City boundary to the northern boundary of Fridley School District #14, follow the northern boundary of Fridley School District #14 boundary west to Rice Creek, west along Rice Creek to Highway 65 NE, rdrd north on Highway 65 NE to 73 Avenue, west on 73 Avenue to Baker Street, north on Baker Street to the northern City boundary. Ward No. 2 Precinct No. 2 is established as the area bounded as follows: Using Rice Creek starting at Highway 65 NE, go east along Rice Creek to the northern boundary of Fridley School District #14, east along the northern boundary of Fridley School District #14 to the eastern City boundary, south on the eastern City boundary to the northern boundary of Columbia Heights School District #13, west along the northern boundary of Columbia Heights School District #13 to West Moore Lake Drive NE, north on West Moore stst Lake Drive NE to 61 Avenue NE, east on 61 Avenue to West Moore Lake Drive NE, northeast on West Moore Lake Drive to Carol Drive, northeast on Carol Drive NE to Van Buren Street NE, 26: Jufn!21/ north on Van Buren Street NE to Mississippi Street NE, east on Mississippi Street NE to Highway 65 NE, north on Highway 65 NE to Rice Creek. Ward No. 2 Precinct No. 3 is established as the area bounded as follows: Using the northern boundary of Columbia Heights School District #13 and starting at Central Avenue NE, go south on Central Avenue NE to Interstate 694, east on Interstate 694 to Matterhorn Drive NE, south on Matterhorn Drive NE to the southern City boundary, east on the southern City boundary to the eastern City boundary, north on the eastern City boundary to the northern boundary of Columbia Heights School District #13, west along the northern boundary of Columbia Heights School District #13 to Central Avenue NE. Ward 3 Ward No. 3, Precinct No. 1 is established as the area bounded as follows: Beginning at the Mississippi River and the northern City boundary, follow the northern City boundary east to the Burlington Northern right-of-way, then go north on the Burlington thth Northern Railroad right of way (City boundary) to 85 Avenue NE (City boundary), east on 85 Avenue NE (City boundary) to University Avenue NE (City boundary), south on University Avenue NE (City boundary) to Osborne Road NE, southwest on Osborne Road NE to the eastern boundary of Fridley School District #14, north along the eastern boundary of Fridley thththth School District #14 to 79 Ave NE, west along 79 Ave NE to 79 Way NE, west on 79 Way NE to the western City boundary (Mississippi River), north to the northern City boundary. Ward No. 3, Precinct No. 2 is established as the area bounded as follows: th Using the western City boundary and starting at 79 Way NE, go east on 79th Way NE to the eastern boundary of Fridley School District #14, south along the eastern boundary of Fridley School District #14 to Osborne Road NE, northeast on Osborne Road NE to University Avenue NE, south on University Avenue NE to Mississippi Street NE, west on Mississippi Street NE to the Burlington Northern Railroad right of way, south on the Burlington Northern Railroad right stst of way to 61 Avenue NE, east on 61 Avenue NE to Main Street NE, south on Main Street NE to Interstate 694, west on Interstate 694 to East River Road NE, northeast on East River Road ndnd to 62 Way NE, west on 62 Way NE to the western City boundary (Mississippi River), north th along the western City boundary to 79 Way NE. Ward No. 3, Precinct No. 3 is established as the area bounded as follows: ndnd Using the western City boundary and starting at 62 Way NE, go east on 62 Way to East River Road NE, south on East River Road NE to Interstate 694, east on Interstate 694 to Main thth Street NE, north on Main Street NE to 59 Avenue NE, east along 59 Avenue to University Avenue NE, south on University Avenue NE to the southern City boundary, follow the southern City boundary west to the western City boundary, follow the western City boundary north to nd 62 Way NE. 1.03. 104.03 Ward Map 271 Jufn!21/ Ward and Precinct boundaries are herein established and delineated in the City of Fridley Voting Whenever and wherever a conflict shall 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 1.02104.02 shall prevail. Passed and adopted by the City Council of the City of Fridley on this XX day of \[Month\], 2022. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk First Reading: March 14, 2022 Second Reading: Publication: 272 Jufn!21/ 273 Jufn!21/ 274 Jufn!21/ 275 Jufn!21/ 276 Jufn!21/ 277