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12/16/1985 - 5192FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: December lE, 1985 NAME ,�`a � ;�� ;,� ADDRESS �� ,��l�� .._��.i.��r��...�.�� /! "7L..!. f^ /'1.4: 1. ��- �� lf /� �-S .� �Gcr�-a--� , � � � � � � Z,� '�i�r-�-2_. _-�--_ � Z G �� v�Z�--�� °—i'`-�_ � �2 � � �� ,�� ,_'�� 0 � � w� > .. .a.� ITEM NUMBER " / �J � ��"�-�- / � �� . � : ► 1 PUBLIC HEARING ON THE MATTER OF VACATION RE�UEST. SAV �85—(d7, TO.VACATE THE DRAINAGE AND UTILITY EASEMENT OVER, ACROSS AND THROUGH THE WEST F{VE FEET AND THE NORTH FIVE FEET OF LOTS 1 AND 2, BLOCK 3. RIVERWOOD MANOR, BY CHARLES COOK . . . . . . . . . . . . . . 1 — 1 D �, 1 : , CONSIOERATION OF FPNAL PLAT. P. S. #85-06. R{VERWOOD PARK, BY CHARLES S. COOK . . . . . . . . . . . . . 2 — 2 H CONSIDERATION OF TRANSFER OF CONTROL OF STORER COMMUNICATIONS, fNC. TO SCI HOLDINGS. INC. , . . . . . . . . 3 � COUNCIL MEETING. DECEMBER 16. 1985 ► , :. ►� PAGE 3 CONSIDERATiON OF FIRST READiNG OF AN ORDINANCE UNOER SECTION 12.i�7 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS ANO TO AMEND APPENDlX C OFTHE C i TY COOE . . . . . . . . . . . . . . . . . . . . . . 4 - 4 B 0 RECEIUING THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 4. 1985:. . . . . . •. . . . . 5 - 5 KK A. CONSIDERATION OF SPECIAL USE PERMIT. SP �85-14. TO ALLOW ANY COMBINATION OF OFFICE. RETA{L AND RESIDENTIAL USES WITHIN ONE BUILDING. 214 AND 248 MISSISSIPPI STREET N. E.. BY LOU LUNDGREN . . . . . . . . . . . . . . . . . . . . . 5 - SE g 5L PLANNINC GOMMISSION REGOMMENDATION: APPROVAL WITH STIPULATIONS �QUNCIL A�TION NEEDED; CONS{DERATtON OF RECONWIENDAT I ON � COUNCIL MEETING. DECEMSER 16, 1985 ► • : ►i •► ► � B. CONSIDERATION OF LOT SPLIT REQUEST, L. S. �'85-08 AT 214 AND 248 MiSSiSSIPPI STREET N. E. , BY LOU LUNDGREN . . . . . . . . . . . . . . 5E - 5F $5M-50 PlA�! I NG CONM 1 SS I ON� R rnn�FnmaT i nN � APPROVAL WiTH STIPULATIONS �OL�NG l L AGT I ON I1F(1; CONS I OERAT I ON OF ' RECOMMEtVDATiON 0 0 C. CONSIDERATlON OF SETTING PUBLIC HEARING ON VACATiON RE�UEST, SAV �85-86, TO VACATE THE UNUSED JOHNSON STREET DEDICATION LYING NORTH OF SKYWOOD LANE AND SOUTH OF I-694. . . . . . . . . . SF — 5G $5P-5R PLANN I NC C M I SS I �N RE('�MFNner; vn�; qpFROVAL W I TH ST i PUL.AT I ONS COUNCIL ACT10N N�DED: SET PUBLIC HEARING FOR JANUARY 6. 1986 ■ PasE 4 COUNCIL MEETiNG. DECEMBER 16. 1985 [► . :. t► ► � ► ► i D. CONSIDERATION OF WORKSHARING AGREEMENT BE- TWEEN THE CI7Y OF FRIDLEY AND THE MINNESOTA DEPARTMENT OF HUMAN RIGHTS . . . . . . . . . . . . 5G - 5H 85S-5W L'L.AdNINC COMMISSION RE�ONIMENDATION; AppROVED �QUNCIL ACT(ON (VEED D; CONSIDERATION OF , RECOMMENDATION E. CONSIDERAT�ON OF RECOMMENDATION TO APPROVE THE RE(1UEST FROM ANOKA COUNTY FOR $10.000 FoR CURB AND GUTTER (MPROVEMENTS IN LOCKE PARK .... 5 I � 5X - 5B6 ' �►I► ► �u'u �► : �.uu \�: 1► �--•• � 1► : I► 1 1 1 • 1•� • • ' � �� • F. 1TEM FROM THE APPEALS COMMISSION MEETING OF DECEMBER 10. 1985: VARIANCE RE�UEST TO REDUCE THE SIDE YARD SETBACK FROM 50 TO 4g FEET AT 7601 BAKER STREET. RMS COMPANY. BY DENN I S FORCELLE . . . . . . . . . . . . . . . . . . SCC.. = 5KK PAGE 5 COUNCI� MEETING, DECEMBER 16. 1985 ► . : ► .� ► , � PAGE 6 RECEIVING BIDS AND AWARDING CONTRACT FOR WATER AND SEWER PROJECT N0. 160 . . . . . . . . . . . . . . . . . . 6 - 6B � CONSIDERATION OF A RESOLUTION ESTASLISH{NG THE CiVIC CENfER CONSTRUCTION PR�JECT AND THE TRANSFER OF 3250.000 FROM �THE CAPITAL IMPROVEMENT RESERVATION OF FUND BLANCE AND 5250.000 FOR FIXED ASSESSMENT REPLACEMENT FROM THE GENERAL FUND RESERVATION OF FUND BALANCE . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7A CONSIDERATION OF A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF SERIES 1985 COMMERCIAL DEVELOPMENT REVENUE BONDS (COLUMBIA PARK PROPERTIES PROJECT). AND APPROVING THE FORM AND AUTHORIZIN6 THE EXECUTION OF NECESSARY DOCUMENTS. ...... 8- 8 E � COUNCIL MEETING. DECEMBER 16. 1985 ► � � ► • ► ► � PAGE 7 CONSIDERATION OF A RESOLUTION APPROVING AND AUTHORIZING SIGNING THE AGREEMENT ESTABLISHING WORKIN6 CONOITIONS. WAGES AND HOURS OF POLtCE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR 1986 . . . . . . . . . . . . . . . . . . . . . . 9 - 9 S � CONSIDERATION OF 1986 ANIMAL CONTROL CONTRaCT. ....... 1�1 - 10 F CONSIDERATION OF RESOLUTION AWARDING THE SALE OF $11,550.000 VARIABLE RATE DEMAND GENERAL OBLIGATION TAX I NCREMENT BONDS . . . . . . . . . . . . . . . . . . . . . 11 CONSIDERATION OF RESOLUTION AWARDIN� THE SAt.E OF �3.100.000 VARIABLE RATE DEMAND IMPROVEMENT BONDS. ..... 12 m � CITY COUNCIL MEETING. DECEMBER 16. 1985 ► • :- ► •► ► � PAGE 8 CONSIDERATION OF RESOLUTION TO GRANT THE CITY MANAGER AUTHORITY TO AUTHORIZE AN AGENT OF RECORD FOR PROPERTY- CASUALTY ( NSUf2ANCE SERV I CES . . . . . . . . . . . . . . . . . 13 - 13 A CONSIDERATiON OF A POLICY REGARDING UMBRELLA COVERAGE BE YOND LE GAL L I M I TS OF L I AB I L I TY .............. � 4- 14 D CONSiDERATION OF AN EMPLOYEE SEPARATION BENEFIT. ...... 15 0 COMMUNI CAT I ONS . . . . . . . . . . . . . . . . . . . . . . . 16 - 16 B REQUEST FROM FRIDLEY CHAMBER OF COMMERCE FOR TEMPORARY ON-SALE LIGlUOR LICENSE � � RE�UESf FROM FRIDLEY ROTAf�Y CLUB FOR TEMPORARY ON-SALE LIQUOR LICENSE � COUNCIL MEETING, DECEMBER 16. 1985 �►1•�.�:. ► •► � :' •► PAGE 9 APPOINTMENT: CITY EMPLOYEE . . . . . . . . . . . . . . . . . 'j7 CLAI �S . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 L I CENSES . . . . . . . . . . . . . . . . . . . . . . . . . . 19 - 19 A ESTIMATES . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 20 G :� � :1 L" 4.1 �11►: /Y �� Y:I :�.t 1 a „I�I�IM1�. �, Y:I �i: 1� �1 Y4 •f_ J.. !,�I � �M� I' �4• �he Regular meeting of the Fridley City Oo�cil was wlled to order at 7:30 p.m. by I�yor Nee. � OF AI�LEGIANCE• l�yor Nee led the Co�cil and audienoe in the Pledge of Allegiance to the Flag. ROLL CALd, • NEt+BII2S PRFSIIJT: Mayor Nee, �i.mcilman Goodspeed, Glouicilman Fitzpatrick, ��.u�cilman Barr�ette, and Co�mcilman Sc�neider NENBgtS ABSENT: None PRESENrATION• CEI2TIFICATE OF APPRECIATION: CAF�JLYN M. S'VEE[�1ID�1. HOUSING AI�ID RIDEVEIDPMENr AITrHORITY: I�yor Nee stated a n�anber o�f citizens serve the oomntuiity as volunteers on various City oomnissions. He stated one � the most important commissions is the Housing and Redevelopnent Authority as they have a very serious �rt in the developne.nt o� the a�o�nuiity. i�iyor Nee stated this evening the Co�cil wistied to rewgnize the servioe o�f Carolyn S�rendsen who served on this oomnission fran June, 1985 to Novegnber, 1985 by preser►ting her with a aertif icate of appreci ati on. Mayor Nee and the Coimcil m�anbers extended their thanks to Carolyn for her contributions made to the aomn�ity. APP�VAL OF MIN[T�ES: �0[JNCIL MEETING. I�VEh�ER 18. 1985: MOTION by Councilman Schneider to approve the minutes as presented. Sea�nded by Councilman Goodspeed. Upon a voioe vate, all voting aye, Mayor Nee declared the motion carried unanimously. ADOFtION OF AC:ET�II�.IA: �e fallaaing items were acY3ed to the agenda: Consideration of a Sign Plan for Skywood Mall and Co�mending the Staff on their Snowplvwing Efforts. IrDTION by Councilman Fitzpatrick to adopt the agenda with the above additians. Sewnded by Qotmcilman Sdv�eider. Upon a voive vate, all vating aye, I�yor Nee declared the ma�ion carried unanimously. -1- 2. �� _ i�+ �y • - � a«�+„i: �• _�� Cbuncilman Barnette asked Mr. (bok if he had talked to these awners and if they wish to participate. Mr. (bok stated he talked to both property vwr�ers and neither af then have any inkerest in participating in the project. Mr. Herrick stated it seems the City has several d�oives. He stated these exceptians a�uld be platted as outlats, aared by Mr. Cbok, and he would have a�ntrol o�ver what happens over �ese outlots in the future. Mr. Herrick stated an4ther p�ssibility would be a private easement to Mr. Cook and, again, he would have a�ntrol wer what happ�ens to the use of the property, as far as eas�ements are o�noerned. Mr. Herrick stated another alternative i s the Ci ty requi re the ea 9ements be dedi cated to the publ ic and th e af f ect of this action would be the persons awning the two exceptions would be getting a free ride and access without paying. Mr. Herrick stated the City wuld also assess these owrers at this time for impraveaents and c,Rve then a deferral an payment uiti.l such time as they develop their property. Mr. Flora stated ttie �operty a�wr�r on 71-1f 2 Way has shawn some interest in splitting his paroel. He stated the property awr�er an East River Road has an interest in oonnecting to sewer and water, but rn interest in splitting his property. Zhe property vwr�ers of fihese two exceptians were rnt present this evening at the public hearing. Co�mcilman Fitzpatrick felt perhaps these two property awners may not be aware of what is happening and how it affects then in the future. He thou�t they should be notified of the implications so they can make a dloiae. Mr. Herrick stated a letter should be sent to these proprty aaners which s�annarizes the discvssion taken ptaoe this evening. He stated if Mr. Cook contrals the eas�aents and if they c�oose to access onto Riverwood Drive, they would have to sewre aoc:ess fran Mr. Gbok. He stated the information reoeived this evening is these owryers have chosen rot to participate in the o�st a�f �e impravenents at this time and the albernatives and �onsequences should be poirtted out to then. He felt a response should be received f rom then before the r�ext Cotmcil meeting. Co�.mcilman Fitzpatrick felt the staff should proveed to wntact these owryers as reo�mnended by the City Attorney. No ather persons in the audienae spoke regarding this proposed glat. MJTUJN by Co�cilman Fitzpatrick to close the public hearing. Seoonded by (b�cilman Barnette. Upon a vaioe vate, all voting aye Mayor Nee declared the motion carried talanimously and the public hearing closed at 7:55 p. m. �ONTINUED PUBLIC HEARING ON THE TRANSFER OF CONTROL OF STORER „QOI�fUNICATIONS. II�. � 9CI I3�IDII�S, INC. (OONrINC1ID 11/18/85l : l�yor Nee reoper�ed the public hearing on this it,esa at 7:55 p. m. I�ayor Nee stated a letter was reveived fraa Storer and SCI Holdings responding to the questians raised by the eaonomic analyst. -3- M�� 1 I�i 1 •' �� M� I: 71' �•91 •' I •' Mr. Bill Camp, 6280 University Avenue, stated he wished to disaass the sign which was installed on Satellite Lare. l�yor Nee stated the Cb�cil would get into this discussion in oonjunction with the iten an the housing project for this area. �'[lBLIC I�ARINGS • 1. PUBLIC I�ARING ON A FII�L PI�T. P. S. #85-06. RIVEi�nl00D PARK. BY CHARLES S. COOK: NDTDJN by Councilman Fitzpatrick to waive the reading of the public hearing notioe and open the public hearing. Seoonded by Co�cilman Barnette. Upon a voice vote, atl voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing opered at 7:35 p.m. Mr. Flora, Public Works Director, stated this plat is located west of East River Road, north o� 71st and south o� 71-1/2 Way. He stated it is bounded on all sides by single family hanes and is the site of the old Riverwood Elenentary School. Mr. Flora stated the plat calls for a subdivision of that pQroel uito three b�locks, with a total of 31 single faQnily lots, all which would meet the City o�de requirenents. Mr. Flora stated there are two exceptions to the plat, one is privately vwr�ed and the awner has requested sewer and water be extended into the property for hook-up to his sewer systen which would require an easement. 7he ather deals with the large residential lot to the r�orth of the plat. He stated staff has a wnoern regarcling these two outlots which possibly could go tax forfeit in the future. He stated it is reoonmended, therefore, that outlats A& B be dedicated as a street and utilities right-of-way or an easement so it will allow for future development of the parcels, if appropriate in the future. Mr. Q�arles Cflok, the developer, stated that he would prefer to change the outlots to raadway ease�ne.nts so they are mairrtained by the property aaners and to eliminate the future tax forfeiture o�E these �arcels. Mr. Qureshi, City Manager, stated the developer is proposing an easement vontrolled by him and if, in the future, these property awners wished to spl it thei r property, they w�ould have to approach Mr. Cbok f or acxess. , Gbtncilman Schreider asked if they wouldn't be landlocking the exception property. Mr. Herrick stated that is a p�ssibility. He stated it doesn't create a legal problan as such, but the Co�cil should reoocplize the possibility of a log�gerhead scx�netirae in the future. He stated, if there were to be outlots, he fe2t the fee avrnrship should rest with Mr. Cook; haaever, he would also be in a position to dictate the p�ioe for which he would sell to adjacent vwners. iie stated you have a situation where the persons that awn the exceptions cbn't want to participate in the oost. -2- I�_ )�. � v�'��_ ��_ _��' �,�M;�YI: �1' resp�nding to the questions raised by the ea�nanic analyst. rDTD�i by Co�►cilman Fitzpatrick to reoeive the oomnesiications fran Storer and SQ Holdings. Sewnded by Cotimcilman Gooc�peed. Upon a voiae vote, all vating aye, Mayor Nee derlared the mation aarried unanimously. Mr. Gary Gandrud, represer�ting Storer, stated he has been in contact with Mr. Matz, the Cable Co�mission attorney. Storer Comanunications and SCI Holdings is prepared to agree to guarantee and build the capital imprwanents the Gity is �ncerred about and give such security that this franchise, after the merger, will prwide the trpgrading. Mayor Nee asked if this agreement would be oomgatible wzth the letter reoeived fran Storer eeveral years ago regarding these items. Mr. Gandrud answered in the affinnative and stated Storer heard the Ca.ty's o�noerns and made a p�si tive response . Mr. Gary Matz, attorrey for the Cable Co�missi�, statec3 one o� the oonaerns which came out o� the report t�r the financial analyst was if the comgany would have the financial resources to make the necessary or desirable improv�nents at the time of the franchise renewal. He stated Storer indicated they would be willing to oonmit to impravenents and enter into an agreenent to a�nend the existing ordir�noe to specify those impravements. He felt, if this was done, it would provide the security for the concerns raised, as far as their future aapabilities. Mayor Nee stated he felt it really aornes dawn to some guarantee for the 54 ciiannels and secvrity of the public acoess. He felt assurances were needed for a ctiritinuing oomnitment to acoess and local o�igination activity. Mr. I�tz stated the support for public access hasn't been discussed in detail in regard to Fridley's system, but is something that could be addressed. Mr. Gandrud stated Storer would be in total agreement with the Council's oonoerns and would agree to a�ntinue to prwide security for public access in the form of a v�rporate guarantee as well as the promise to go to 54 charu�el s. Coi.mcilman Barryette asked what effect this merger would have on the oost of cable to the o�nsuner. Mr. imlandi, Regioml Business Manager for Storer, stated he didn't believe apprwal o� the merger would result in any difference in rates than might otherwise occur. He stated they have the resp�nsibility to prwide the best servioe, and if rates are raised too much, th�y will r�t have subscribers. He felt it was something beyond their aontraZ and the Council's. Mr. C�ndrud stated sinve the merger is very imninent, if the Council would be s� inclined they w�ould appreciate a motion appraving the o�nvept, subject to oontracts being appraved. -4- �.� )� Y� 5�/ I� • ' I �M�+rl: ?I' _�1•� �lE CAlI1C11. Mr. Gandrud stated they would agree to updating the system to 54 channels and to onntinue the public aa:ess and local origination, and providing a guarantee as well as putting those �nditions on any prospective purchaser � ti�e system plus reimburse the City for all costs c�onnected with this merger action. No other persons in the audienoe spoke regarding this proposed merger. PDT�N by Co�mcilman Barnette to close the public hearing. Seoonded by Councilman k'itzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mation aarried ialanimously and the public hearing closed at 8:15 p.m. M1TIl�N by Co�.mcilman Barnette to tenatively approve the merger of Storer Gbnm�,mications into SCI Holdings, Inc., subjeck' to the capital improvenents and public aooess being agreed upon and presented to the Council in two weeks. Seannded by Coi.mcilman Fitzpatrick. Upon a voice vote, all voting aye, l�yor Nee declared the motion csrried unanimously. OLD BUSII�SS: 3. ORDII�INCE NJ. 847 RDOODIFYII� THE FRIDI�Y CITY OODE BY AMEDIDII� CHAPTER 643 ENPITI�D "INDQXICATING LI R" . SD(.�ION 603.22 ( 3) WII� LICENSE: PDTIDN by Cotmcilman Sch�eicler to waive the reading of Ordinanoe No. 847 and adopt it on the sevond reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mvtion carried �uianimously. 4. RE9�LITrION N�. 103-1985 REI�,TII� Tb TF� APPROVAL OF A MULTIFAMILY HOUSING PROC�M F�OR TfiE QONSTRUCTION OF A M[3LTIFAMILY I�USING PiiO3E(.T BY THE FRIDLEY P'LAZA AS90CIATF,.S LIMITID PAKI'I�RSHIP A1�ID AUTHORIZING THE SALE OF HOUSING REVENUE BOI�S (TABI�ID 11/18/�5) : Mr. Flora, Public Works Director, stated this proposed project is located south of Mississippi Street and west of University Avenue. He stated the Housing Plan would allvw for �is residential developnent oci this p�rcel of the Sylvan Hills plat. Mr. Flora stated at the public hearing held on November 18, the entire development was addressed which included the construction of a 12 story apartment cAmplex, a senior citizen high rise building, and two oomanerical v�mplexes. Iie stated the housing program deals with the two residential �nits p�oposed on those paroels. l�r. Flora stated sinoe the public hearing, the developer has changed his �oncept an,d reduoed the apartment oo�nplex fraa 12 stories to 6 stories and reduoed the nunber of units to 119. He stated the f i rst phase woul d be th e development of this aFartment building, with tr�e senior citizen building and c�merical ownple�oes being oonstructed at a later date. -5- ��, i� M1�. ��_� �,«�+„�: �._ developnent o�f this apartrnent building, with the senior ci.tizen building and oaimerical oomplexes being oonstructed at a later date. Mr. L�dgren, the developer, stated he wished to amend his request for housing boneis frcm $13,000,000 to $7,000,000 sinae he has reduced the size af his proposed building frcm 12 to 6 stories and containing 119 units in this phase. He stated the renaining phases of develognent would remain as previously preserrted for the senior citizen building and two vommerical aoaaplexes. Mr. Limdgren iritroduoed Mr. Bob Byers, Traff ic Engineer with Short, Ell iott and Hendrickson, Inc. , who oamnented on a traffic study they are preparing in regard to this development. Mr. Byers stated they were asked to consider how this developnent would affect the resider�ts and traffic in the area. He stated they began the study by looking at the trips produoed today from some of these busineses and various commerical activities in the area and the ultimate future develapment. Mr. Byers stated, in terms of today's operations, the University and Mississipi intersection, is oongested in the Peak hours, but is about average on the metropolitan scale. He stated, in terms of future projects, o�nsidering the County's proposed improvements, the intersection would operate better than today, even with add.it,iod�al developnent. Mr. Byers stated regarding the ooncerns of residents to the south, they enlisted the aid of the Police Department. He stated a survey was made between 3:15 and 5:15 p.m. where 1 ioense nuN�ers were taken in an ef f or t to c3etermirn where people lived who were using these streets. He stated it was famd about 25$ resided in the neic�borhood and adjaoent rieighborho�ds and 75$ resided someplaoe else in Fridley or the metropalitan area. He stated this figure is higher t�han what was anticipated and it is obvious there is sosne throuc,� traffic in this area. Mr. Byers stated they evaluated the site and what the traffic impact would be to the r�eic�borhood from this developnerit. He stated they would try to make sure the traffic is orie.nted to the main arteries, University Avenue and Mississippi Streets. He felt the east entrances on Mississippi will probably be the major entranoes to and fram the site, and that the entranoes to this� developnerit and Hatly Shopping Center should be lir�ed up. He stated they would reao�nend the elimir�tio� of the acoess to 3rd Street, the main reas�n is trying to orient traffic away fran the neighborhood. He stated there should be pravision for an east/west servioe drive immediately north of Burger Ring between University and the end of the resideritial unit. Q�tuicilman Schneider asked, fran a traffic point, if it would be better to have a shopping oenter rn this site. Mr. Byers stated there would be more traffic with a oo�merical use. He felt the worse thing would be office sFxioe which would add traffic at peak periods, and the best thing would be total resideritial. -6- �• 1� � ��111� �1 � �M�+,�: �1; L� Mayor Nee sta�ed he felt this p�oposal was a good oanprcmise and would help stabil ize the area and pranote busir�ess. He stated a ntunber of proposals have been sutmitted for �is property and, apparently, this is one that it was felt was in the City's best irYterests. Cbmments fran the audienoe related to the existing traf�ic prob�lens, whether residential or oommerical development generated the highest volume of traffic, the possibility of stop sicpzs on all streets in S�ilvan Hills on the West University Serviae Drive, and the sewer, water and storm sewer capacity. Mr. Byers stated a mixed use is the best way to go to reduoe the traffic and get a deoent develogaent. Mr. Qureshi stated the presem zoning of the property is C-3 which is the highest oamierical use and would allaa six story buildings. He stated the City is trying to attract developnerit whi.ch minimize the traffic impact. He stated, as far as sewer and water, there is sufficient capacity for this developnent. Mr. Qureshi stated a reterition p�nd is proposed to provide a o�ntrol for �e drainage into the storm sewer system. Zhere was a question on what avoess would be used c�ring the oonstruction of this developnent. Mr. Queshi stated, basically, the access would be as planned on the west side a� the development and, during construction, they wail.d try to mini.mize the impact on Rioe Plaza busir�esses. A question was raised on the size of the apartments and haw many parking stalls would be �xwided. Mr. L�dren stated the size of the one bedrooan t�its start at about 700 square feet and the two bedroom units range from 1,050 to 1,100 square feet. He stated 60$ of the �its would be ane bedroan and 40$ w�ould be two bedroans. He stated two parking sgaces are provided for each two bedroan unit and 1-1/2 spaces provided for the one bedroom �mits. Mr. Lundren stated there are 150 covered parking spaoes and the rest are open. He further stated there will be six handicapped units located on the first floor. There was a ooncern on hvw they would be maintained as there are some apartment units in the area which are poorly maintained. Mr. Lundgren stated the residerits can be assured these will be quality oonstructed units. He als� stated the o�mplex would oontain an enclosed swim�ting pool, exercise and sa�.�a roans, and garty and billard roan. r+bst o� the residents' oonoern was to obtain assuranaes the traffic would be taken care of. Mr. Lundgren stated he expects when the report from the Traffic Engineer is reoeived, there would be very sp�ecific reoomnendations. He stated he i s as aonoerned about th e tr af f i c a s ev ery one and want s th e best p�ssible solutioai. on�mcilman Gooaspeed stated at the last Co�mcil meeting he was aqainst the 12 story apartmerzt building arbd, if it still was 12 stories, iie would not be in favor of it. He stated because of the o�mpromise, he would move the f allaiing: -7- �� J�. _ Y��+�.�!�. •,' � aM:r,�: ai• IrDT�pN by Co�mcilman Goa3speed to adopt Res�lution No. 103-1985, with the uriderstanding this is the first �hase for a six story building containing 119 �nits. Seoonded by Cotmcilman Barnette. Up�n a voioe vote, all voting aye Mayor Nee declared the motion carried unanimously. (Discussion• No Riq�t Turn on Satellite Lane): !!r. Qureshi, City Manager, stated it was felt that by installing a"no right turn" sic� onto Satellite Lane, it may help al.leviate some of the traffic into this area. This action came about from discussions at the public hearing on the proposed housing project in the Sj�lvan Hills plat on Deoe�nber 2, 1985. l�ny residents frcm the area were present and indicated they were not in favor af this sic�. N�TION by Councilman Barnette to resnove the "no right turn" sign onto Satellite Lane and block the extention of 3rd Street. Seconded by �imcilman Goodspeed. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried eu�animously. RDCESS: A reoess was aalled by Mayor Nee at 10:18 p. m. 12DOO�J�• Ngyor Nee re�nver�ed the meeting at 10:26 p.m. All Council members were present. IJEW BUSII�S.S: 5. �SIDERATION OF A V�iRI'ANiCE RE4UESr FOR FI�JNr YARD SETBACK FOR ADDITION TO Mr. Flora, Riblic Works Director, stated this is a request frorn Stylmark, Inc. for a variance to reduce the required setback of a building to a street ric�t-of-way, when abutting a residential district, frmn 100 to 82 feet. He stated the purp�se o� this varianve is to allow for an addition to their bnilding and the hardship indicated was they wish to oonform to the existing building o�nfiguration. Mr. Flora stated the Appeals Comanission has recommended approval of the vazianoe with r�o stipulatio�s. PDTD�N by Co�cilman Fitzpatrick to o�ncur with the recomanendation of the Appeals Coanmission and cgarit the varianoe to reduoe the required setbadc for a building to a street ric�t-of-way, when abutting a residential district, fran 100 feet to 82 feet to atla�r aonstruction o� an addition to the front of the �uilding at 6536 Main Street N. E. Sewnded by Cb�cilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried -&- •• �� Y��M�� , �,�,M�+„t: �i; tazanimOUSly. 6. i3�3I,UTION I�U. 104-1985 AUTHORI ZING THE CITY MANAGER TO EXPENID FUNDS TO BR�NG THE CITY OF FRIDLEY II�!'0 COMPLIANCE WITH THE FEDERAL FAIR LABOR STAI�IDARDS A(.T OF 1938: IrDTD�T by Cotu�cilman Schneider to acbpt Resolutian No. 104-1985. Seconded by Co�cilman Fitzpatrick. iJp�n a voice vote, all voting aye, Mayor Nee declared the motian carried �animously. 7. RFSOLtTrION AA. 105-1985 GIVING PRELIMII�IRY APPR�VAL TO THE ISS[l�1NCLE OF BOI�IDS FOR TI� POLICE PENSION A.S.SOCIATION: Mr. Pribyl, Fir�anoe Officer, stated the Minnesota Legislature, in prior years, amended a section in the State statute so that municipalities may issue bonds for paying judgnents and referenoe is made to the pension f�ds. He stated this would allaw the City to bond for the current and future tmf u¢�ded 1 iabil ity af the Fbl ioe pensi on associ ati on by purchasi ng one or more insuranoe policies or annuity contracts. Mr. Pribyl stated this funding is now coming under criticism and may be subject to c3�ange, hc�wever, with adoptian of this resolution, the City wnu].d be grandfathered in for this type of funding. He stated there are no assuranoes they w�ould definitely be able to do it. M�TD�N by Cfltmcilman Schneider to adopt Resolution No. 105-1985. Seconded by Co�cilman Goodspeed. Up�n a voice vote, all voting aye, Mayor Nee declared the motion �arried unanimously. g� D� TI7TT/�T � 106-1985 AtT�fiORIZII� AAID DIRECrII� Z'F� SPLITTING OF SPECIAL �ccF�,MF'r,*;,'S ON PART OF SW L4 OF TI� NE L4 OF SECTION 3. PARCEL 1401: 1K�TD�N by Co�cilman Sdzr�eider to adopt Resolutian No. 106-1985. Seconded by C�imcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPOITTI'MMi��• GENERAL (�3AIRPE�N OF PI�,I�3II� OONIMISSION: NDTIDN by Councilman Fitzpatrick to rnminate Pat Gabel for appointment as Cl�airperson of the Planning Comnission. Seoonded by Gotmcilman Schr�eider. 1�TION by Councilman Barnette to cast an unanimous ballot for the appointment of Pat Gabel as Chairperson of the Planning Commission. Sea�nded by Co�cilman Fitzpatrick. Upon a voice vote, all voting aye, l�yor Nee declared the matio�n carried unanimously. 10. APPC�IIJPt+�r- CITY F�DYEE: M�TD�I by Go�cilman Schneider to ooncur with the following appointment by the Ci.ty Manager: _} •• 1, r Y��+�Mi, •- � aw�+ i: �� Z�� Q�rby J. I�lto 2904 Northway Drive Brooklyn Center, MV 55430 POSIT�i Ebl ioe Offioer Sl�iRTIl�a SPARTIl�'a SAL�RY L1PiTE REPLACES $1,595 Nwenber 25 Roger l�r 1985 Bergneier Nbnth Sewnded by Cb�mcilman Barnette. Up�n a voioe vote, all voting aye, Mayor Nee declared the matian carried unanimously. 11. LICET]SES• IYDTD�N by Co�cilman Fitzpatrick to apprwe the lioenses as sukmitted and as on file in the Lioense Qerk's Offioe. Sea�nded by Councilman Schneider. Upon a voioe vote, all vating aye, Mayor Nee declared the motion carried unanimously. 12. ESTIMATES• NDTD�N by Coua�cilman Barnette to apprave the estimates as sukinitted: Concrete Qarb Campany 771 Lac7ybi rd Larie Burnsville, Md 55337 FINALF�TIMATE ...........................$1,699.53 1985 Misc. �ncrete Qirb, Gutter & Sidewalk Seoonded by Co�cilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motian carried tmanimously. 13. CLAIMS: NDTD�N by Councilman Schneider to authorize payment of Claims No. 5578 throuc� 5754. Seoonded tr� dou�cilman Fitzpatrick. Upon a voice vote, all voting aye, Ngyor Nee declared the motian c�rried unanimously. I4. OONSIDERATION OF A SIGN PI�N FOR SRYWOQD MAI�L• Mr. Flora, Public Works Director, stated a sic,�► plan has been received for Skywood Mall. He explained their proposal for signage at this mall. Mr. Flora stated the plan oonforms to the requir�nent of the Sign Code and appro�val is reoa�mierLded with a stipulation for a$25,000 bond. lYDTD�N by Gbtmcilman Goodspeed to apprwe the si gn pl an f or Skywood Mall, with �e stipulatian that a$25,000 bond be issued to the City to oover landscaping imprwenents, including the proposed parking sp3aes on the west end of the site, and the bond be held for one year after the final oertificate of occupancy is issued to allaa time to assess the parking nee3s. Sea�nded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -ia r r i � •- � a«�„i:_ �; _ •� „��i�►n: • ► �� : a� : �. �..r �..i � �+�a� ;+ M�TION by Councilman Schneider to commend the City staff for their snawplaaing efforts in renaiing the azow frcm the streets fran the snawstorm wer �e weekend. Se�nded by Gbuncilman Barnette. Upon a vaioe vote, all voting aye, I�yor Nee declared the motim aarried unanimously. �� •�ii� NDTION by Councilman Barnette to adjourn Co�cilman Sc�neider. Upon a voioe vote, all the motion carried unanimously and the Regula O�tmcil o�f Devember 2, 1985 adjourned at 10:45 Respectfully sutmitted, Carole Haddad Secretary to the G� ty Coimcil •.. . -. -11- the meeting. Seconded by voting aye, I�yor Nee declared r Meeti ng of th e Fr i dl ey Ci ty p. m. William J. Nee I�yor � Certificate of Conf ormance in Financial Aeporting Presented to City of Fridley, Minnesota For its Comprehensive Annual Financial Report for the Fiscal Year Ended December 31, 1984 A Certificate of Conformance in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to governmental units and public employee retirement systems whose comprehensive annual financial reports (CAFR's) are judged to substantially conform to program standards. ��E OPFjC � '4 �� F9 UINIED Si�TES � W ( uro y President � � o � �� ~ �C� ,� sa�t. �a �� CNIC�60 Executive Director i ,� I � �� - � - "_ :�� . � � _ � � - -. � -- -_ � : - �I � _ _ ,� . _ `_ `-- - ' . � ...- - � � � b 0 � ♦ � a � 0 � rn � N �. � � � z �o�.�,� �� a- �, „ , ° .� a^ �.. '^ � � �� .a�. �e h•oo ^. �°, �'''"^.?y � � � o � o� p' ^ 3'�.. �. 'er o^ a c � 0o a„ ;� �e � � �°, �.� s°o�:� �' � ° �- �- �� '� a � o _ �. � � � � �_ � �. N A � ��.�� . � � �� .�� ,�a�� n� a �� z.. w � �= �s�. �e � �S �.�, _ � � � � � 0 � � � � c� r m � � ►�t z Z � � A � �� z�c� rn o o� � � H � � r � � � � � � C� � � � O y z" �1 ` l I x � � � z y � � � x` H� °� � � � � � 0 c �• � � � �� , � . � �, �� n� � O %L c, A� � y � y �• � 0• � � PUBLIC HEARING BEFORE THE CITY COUNCIL .Notice is hereby given of the City of Fridiey on Monday, December 16, of: that there will be a Public Hearing of the City Council in the City Hall at 6431 University Aver.;,� Northeast 1985�n the Council Chamber at �:30 p.m. for the purpose Consideration of a Vacation request, SAV N85-07, by Charles Cook, to vacate the drainage and utility easement over, across and through the west 5 feet and the north 5 feet of Lots 1 and 2, Block 3, Riverwood Manor. Ar,y and a11 persons desiring to be heard shall be given an opportunity at the a5ove stated time and place. WILLIAM J. NEE MAYOR Publish: December 2, 1985 December 9, 1985 � �� Q '`' ISq SAV $85-07 V�' ��s �O �� Charles Cook 1 A y� ; . �� M ., -, . � -- ♦ i� •' o.., . � � � _ � 9 Vj. � � •. L�� . � ✓ � i C~ , � , � � -1 •�--1 � � '�/� .. / I�.' v � i• .'� ' • 1 lrl� - . _ ��, '� • �N � � . � ' •: I � . ..f. . '� - � 1� . r �� ' '_' �/ ` - � f.t � 'y. ♦ r.� '� .� � f r _-�. �j�r '^ , . , �� . f � it �� ` �� ' `; � , . c. , a , .� , : , ; , , 1 • .�, ,� �.:< <,,.� ; ,o �q � �-, � �, N �� . * 3� � G R • s 0 �t • � • J�' ' aI r C�FV . �`.��1�� i � �� _ , . �: . ,. . • � . L 0 GAN ' PKWY. ��' . .. .- .. �� .- �`� ; M � � ' � _ • � � . �� ' � ^ :i � ♦ 7r ' '� ; ; � .z� �, � ., � z � r3 ; Z+ k� f � r. �' . . ��" � �'' '' � . ��Z I'l� I•F4 � I?O / I6 � /OO � .� Z% �' ..'8 ;� -''0 h C � _. " � � �o� � ' -% � � _ : . _ �° �Q ♦O 7Z3t � • r • . �"'/� IY. L:•.v , •• �,` ' . �v • „ � .�l �'S i $� 7 :.�i �� y : li� f :� . . NR/�1' :� "' � '�"� � • _.� '""' ., !� ,' �! ' A , �� ♦ . '7I7�'� ' ' f" + -.� �I � J ! 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'l�/. -.. � . •.. a � • ' �" . .� �' • _� ,�: 4 ,�` tio��' � R/V�RWODD MANOiP �f��.� ��_ '.•. HI.,KOR � . 1 MA R I N S . �; � �b�'' , � Y : : . 3 1 • Z I 9 �o •'/ Y /I �,3 ` ! / / 5 ��: �O= � , ` 7/O� , ,, I - • TERRACE !� !Io 1i8� fst T I�► 13G /z4 � ll}" . . • ., ,� �� y dl, d' . . � ° � � 2� . • ~ iS , . , � (r� 70 I • � ' �Q , � . A UD I TO R,� 26� .�� ;.. , �.. .. , �, . � ' � 4,1',�'_ . �_ ,' � . . . -�.'-1 � � i . . .., • • '; .�. ' ��. I . , ,. ' 3 : V V BD/ I/V O� � - • y l ,.: � . 104 r— - � �' -L' 0��14�� N. MAP f ' , ` . 'A 1t __T^ �-- � ��_ .�r - l �C, ;�, � � - . , , ,-, , �,: _ _ �. , ", , . , ;� �`C� ��d��o . , _ _ � r y Suhd'�`�sion '_ _ _`~_ -�i� N� , _ ., �� ? ? _ _,' _ 9� S - . -- ;.:' — —� —� �. �� . � ' '� ', � � '. � , , ;', ;� ,� � ' '� SAV #85-07 � ' '� Charles Cook Sca Ic I' ((1(t' �`-?. °. �Ic1J3�S Monc�rr+i� �4'rn,; , , � . �) I,ly�' `c►-,?�,r � � �t�►ip�l ` •ct ��, , ��i t ��,� � . t'I �� `I� ` . i ' 0 L�i� —_� 315.t�� ' ` ( 1 . _ { � 7 �)5.7 ' s Wiiri� � Ara�rage Eos��r�r • ' ,�, . o IJ��L i� �' I �-� � �D ,�• ZLL ,;�, � 4 � r . . ,, o � a` ' =M 7 j � � m f I-� ��'�C �o j � 0 , '1 � '�'%;�� .I �\ J � � � e ; o Q; p /l'. t..`,ll.. �� c�r5 1uhJ��.��n No 7% s .`` •` Q� � h-i�p•p CN � d 61.Ip b�.. QQ i- l� 5 � 3 �3 _; - --- --- --- _ , �o.o o, � � 6 �/ , / �Z . , i r\ . � . I �. � R � . i - 3� r'1 •b - - ' ' 7 9 � --� � - �. ��5 � ��5 �,. : � � ( WU _ ` � i 0 � OIS o' . Y r Y � 2 ~ I� 1� ~ 1 . � , a �, � ' c �,: ..,�.,. ( � �15 � �!j f +- • � � ' � � _,�� - a46.27 �, � _ ' ,,.r. �. � Y� ` �, fo ' � ) 0 U � : � • ° � '�.a � e° ,Ti•' ihc�`1 .Oi ri��, ;, R. : � Sp ,l"�c � "''c n� � I $�5 � E75 �� G 1G �v/ �066,��,� Re��eJ (lu��or� 1�.�. �� 1�� r �, I o�,�� yB �c ^ .. � IR� R 38�yq �z , , a - � ). • 30.0 �� o IQ r i `� ��i � " �� Z � �� , � � I � ,� � � � . �� - __1__ �7-5 _.:_ bi.5_-, --575 � &7.5 � ;� � P :,� . -- - — �;— �� , ��v�.;d llucli'or'�, S�hcl�v��on _. � �_ 2 , No � 7 �� M � , ;� ��_ 3�� UTILITY VACATION MAP �. a O r • 0 a 0 � � < � 0 3 W �' . � � � . � _ ,.. � W W � W < Q � � � H W W t � � 0 � a S 0 o y � ° • � N Q � ! �- � 0 U � � � � I � ' � g♦' J� � V """jjj I� �� // ., i \ �� t _ ` �/; ,{ r = ' � - f M �30 f� i . � _- SAV #85-07 Charles Cook �. '` ` ' � -. . . � ��-- ` �``\` � _ `\ � . O �`� _+� /� �� ; �� %''�� ` ,; , -� � -� `.'L ` -�- � � � , � �`\. � �\.,, .11 `: . . �1 � . .� , � —�� .\ ,--- �r �. _�. � •� • ,, � �,,, _ _ 1-�• � \ � ,,\ , �\,` *�. i � � � "�� `�� `. . _� � _ . '� � � � � T MAP � 1D � Northwestern Bell 6540 Shingle Creek Parkway Brooklyn Center, MN 55430 December 2, 1985 Ci ty of Fridl ey Planning Department 6431 University Ave., N.E. �ridley, Mn., 55432 Dear Planning Department: This letter is in regards to your vacation requests SAV #85-06 and SAV #85-07. SAV #85-06 vacating the unused Johnson Street dedication north of Skywood Lane. Northwestern Bell Telephone Company currently is joint use with NSP and CATV on a pole line located on the east side of this dedication. Maintaining easement is requested. SAV #85-07 vacating drainage and utility easement at Lot 1, Block 3, Riverwood Manor. Northwestern Bell Telephone Company is clear in this easement. Sincerely, . L. Thistle Engineer Distribution 566-7530 PLANNING COM�(�SSION MEETING, NOVEMBER 6, 1985 5. PROi�'S,pE 11 SOUND INSUIJITED CH1lAlBER �R JIIR CbP1PRESSQft PRIOR TO PAGE 6 .,_ _,,. . . 6. PROVIDE SITE I1�ROVEIYENT PERFORNANCE BOND IN TNE �lfOUNT OF S5,000 P OR TO ISSUANCE OF BUSLDING PFR�fIT. �. EXPANSIAN TNE PROPOSED BUSINESS INCLUDING THE ADDITION OF A PRZNTING PRE OR BUILDING 11DDITIOHS idILL REQUIRE A SPECIAL USE PERNIT REVIEW. 8. F.MPLOYEE PARKIN UNLESS ADDITIONA 9. THIS SPECIAL USE NEEDS SHOULD NOT EXCEED 8 STALLS AT JWY QNE TIME, ARKING IS PlADE AVAILABLE. P IT FOR TXE PROPOSED BUSINESS GWLY. Ms. Schnabel stated she was wi ing to suQport the motion reqardinq sti�ulati�n !�2 that the petitioner would pur ase the additional propertv� based on the premise that tf�e purcf�ase was init ted by the City in order to brinq the property up to code a�d was not init'ated by the petitioner. UPON A VOICE VOTE, ALL ��OTING AYE, CARRIED UNA'�IMOUSLY. Ms. 5chnabel stated this iter� would go to C SCHNAEEL DECLARF.D TNF MOTIl�N Council on Nov. 18. MOTION BY NS. GABEL, SECQNDED BY l�lR. SABA, TO O�fMEND TXAT CITY STAFF LOUY. INTO TKE POSSIBILITY OF CLOSZNG THE SLIP-OFF FR01" NIVEP.ISTY TD 3RD STREET, WF1AT TXE COSTS WDULD BE AND HOW THOSE COSTS iJDULD BORNE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRi✓ONAN SCHNABEL�ECLARED THE MOTION CARRIED UNAhINDUSLY. 2. PUBLIC HEARING: CONSIDERATIO�� OF A PRELIt�IrU1RY PLAT. P.S. #85-06, RIVERWO�D ..,.., — — ►+n►� aT l,ttHKLtJ S. GUUK: Being a replat of a of Lots 27, 28. 29, and 30, Revised Auditor's Sub- division No. 77, except Blocks 1 and 2 platted as Riverwood Manor, and except that part of said Lot 28 lying Easterly of the following described line: Be,ginninq at a point on the South line of said Lot 28 distant 315.64 feet West of the Southeast corner thereof (said Southeast corner beinq in the centerline of East River Road) thence North at right angles fror� said South line to its intersection with the North line of said Lot 28 and there terminating. H�ION 8Y XR. �Q(�IST„ SBCONDED BY 1�lR. MINTION, TO OPEN 4'XE PIiBLIC HF.ARII7G. UPON A VOICE VOTE, ALL VOTIlVG AYE, CXAIRWDM.AN SCHNABEL D£CLARED TPF, PUBLIC BEARING OPEN AT 8:15 P.X. Mr. Robinson stated this proposed plat was west of East River Road and north af 71st and south of 71� Way. It was bounded by all single family homes and Mas the site of tF�e old Riverwood Elementar,y School. The entire �ronertv was zoned public, exceot Lots 1 and 2, Block 3. With tfie r�nlat. zoning to R-1 would be automatic. 2 � � � 2A � PLANNING COM�IISSIOW MEETING� NOVEMBER 6, 1985 PAGE 7 Mr. Robinson stated the plat called for the division into three separate blocks. Block 1, 2, and 3 for a total of 31 sinqte far�ily lots, all the proposed lots are of adequate si2e and area per code, Nith areas ranging from 9,000 sq. ft. to 1�,00� sq. ft. All lots were 75 ft. wide at the setback area. The developers were in the process of filing petitions with the City for the construction of a new street called Riverwood Drive and to install sewer and water. Mr. Robinson stated 71st Wav and 71� Wav will remain as is, except for the existing cul de sac on 71'2 Way which will be removed and reworked with a new cul de sac built further east. Mr. Robinson stated there were two �roperties that were the most directly affected by this preliminary plat. One pro�erty was labeled "exception" at 7136 East River Road, Presently this property has drivewav access off East River Road, Vith the plat initially, there was n� provision for access onto the ner� road. The City was requesting that an outlot be platted to give this property a 25 ft, parcel for access to the proposed road. In addition to that, tf�e owner of tF►is aroperty is reauesting sanitary sewer be provided from the new sewer line to his property as he was presently utilizing the sanitary sewer syst�n. The City would also have to have a drainage easer�ent �fiich would be part of the outlot. Mr. Robinson stated these things have been discussed with the petitioner, and he is agreeable to these things. Mr. Robinson stated tf�e other lot was 105 71� Way. That particular lot has access off the existing cul de sac. When the new road goes in, the cul de sac portion of 71�� Way will be removed and sodded and that lot will have access off the new road. That lot was quite large at 2�,000 sq. ft. 1t would be possible to split the lot to create two lots. The developer has talked to both property owners; and other than the agreenent that sanitary sewer be provided to 7136 East River Road, nei�her of the property owners wanted to be part of , this plat. Mr. Robinson stated the City was reconmendinq the follov�ing stipulations: 1. Provide a 15 ft. util�ty easement over Outlot A to be qrante�i to exceptian area. (7136 East River Road) 2. Provide a street and bikeway/walkway easement over the easterly 25 feet of the �lat. 3. Work With Engineering to develop a storm drainage plan. Mr, Charles Cook stated he wanted to noint out that the School District has had extensive public hearings and studies done on the disposition of this site. After extensive appraisal work and public hearings, etc., they have determined it was to the best interest of the cormiunitv to return the site back to residential use. � Mr. Don Needing, 7153 Riverview Terrace, stated he served on the School Board tortmittee that looked at the school's disposition of this property. The Cormittee did recormend to the School Board that the property be returned to residential use. After looking at various pro�osals and public hearinqs, the School Board approved the property for single family. He stated he was very pleased to see it go this Way. He felt very con�fortable with what the developer has pronosed and he was in favor of the plat. PLANNING COt�1ISSI0N NIEETIpGLNOVEM6ER 6� 1985 PAGE 8 Ms. Schnabel stated she would like to commend the developer and citv staff and all the people in tF�e neighborhood r�fio have worked on this together, A lot of time and effort has gone into tf�is and, ho�efully. it has created a good feeling among tf�e neighborhood. Mr. Kondrick stated there is going to be a problem on 71st Nith the traffic. but there really wasn't much that can be done about it. Ne was in favor of this development. XOTION BY PlR. KONDRICK, SECQNDED BY PIR. SABA, TO CLOSF TXE PUBZIC NF.ARING. UPON A VOICE VOTE, ALL VOTING AYE, CXA_TRidOMAN SCHAABEL DFCLARED THE PUALIC l�'ARINC CLOSED AT Bt47 P.r. MDTIAY BY AlR. KONDRICK, SECONDED BY '!R. PlINTON, TO REC�OMNEND TO CITY CO(�NCIL APPROVAL OF PRELIM.INARY PLAT, P.S. �M85-06, RIVERhpOD PARK, BY CNARLES S. COOK, BEING A REPZJ9T OF ALL OF LOTS ?i, ?8, ?9 AND 30, R£VISED AUDITOR�S SUBDIVISION ND. 77, EXCEPT BLOCKS 1 AND ? PZ.ATTED AS RIVERWI�OD MANOR, AIVD £XF.PT THAT PART OF SAID LUT 28 LYING EASTERLY OF TNE f1DLIAWING DESCRIBED LINE: BEGINNING AT A POINT O!V TH£ SOUTX LZNE OF SAID LOT ?8 DISTJ41�'T 315.64 FEET WEST OF THF. SDUTX£AS"' CORNER THEREOF (SAID SOUTXEAST CORNER BEING IN THE CENTERLINF. OF EAST RIVER RQADj THEJ�'CE NORTH AT RIGHT ANCLES FROM SAID SOUTH LINE TO ITS INTERSECTIOIC WITH '_�'HE NORTX LINE OF SJIID IAT 28 AND T�fERE TERMINATING, WITN TKE i�OLLOF�ING STIPUTATIONS: 1. PROVIDE A 15 FT. UTILITY EASENENT OVER OUTLOT A TO BE GRANTED TO EXCEP?ION AREA. 2. PROVIDE A STREET AI�D BIKEWAY/WALKWAY EASEMENT OVER THF. EA�:"ERLY ?5 F£ET OF TNE PLAT. • 3. WORK WITH ENGINEERING TD DEVELOP A STORM DRAINAGF. PLAN. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRWt�MAN SCHNABEL DECLARED TXF. MOTIDN CARRIED UNANIMiOUSLY. Ms. Schnabel stated this item would go to City Council on Dec. 2. 3. REVIEW dF SP�AL USE PERMIT, SP #�78-13, BY MINNESOTA PETR�LEUM: Mr. Robinson state this particular business was located east of University, and north of 53rd, t north of the Amoco Station. A little historv on this particular business: is business received a special use permit on Dec. 18, 1978, froM the Citv Coun '1, to operate a fuel pump refurbishinq business. The IoninQ was C-2, genera usiness, and the special use permit was for a business consistent with that ning. Recently there was a fire at the business and Bob Aldrich, Fridl Fire Chief, noted there was hazardous waste stored above ground in 55 gal. dr , primarily polyester resins which he classified as having relatively seve fire hazard classification. 2B • r� � Mr. Robinson stated Staff was asked to 1 k into this situation, did so, and responded to Mr. Steve Hanson, owner of th usiness, on Aug. 19, 1985 (letter tn agenda}. 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' •: �, � 3 � N3 ' � �� a�r ' � '1 •i s � _ � % t , � .. � -.� •� R , i �' � L —� � � , � � a f�� — � �_. ! � , ' � Q ' , � s , � ,� I .� � �' - � � � • , = y i —� � � W a j � � �/ � f � _ : � r �, , :t o=; �� _ __ i I M ii , i � 'I ! I� ~� � , �� — - _ ;I �-� .�, � � .� _ . � � % , N � � _ � W :.: � : : �__ . — �� 1 � !t / � N s II = �1� � �� `- . ` _ � _ _ � f s*j � I �v � w '� � ` ' � � oe� : --�� i � o �ll �i . � I � � � � ( ' _.._ � - ,�� .'� " " ! * �, � • � l � ; � I ` t 1 I Y ti � � + � ��«� ' r ( � � jL r � � �`�' 3,"' ; � i . �`,j I3�Vli�J31 A31Ad�Aid � J • — - --�.�- . . .. . 90-58# 'S'd December 6� 1985 Richard Malecek 7136 fiast River Road I�. E. Fridley, !4d 55432 RE: Riverwood Park Plat Dea_ !!r. t�lalecek: P22 }� � `�'�- � 2 E RECEIPT FOR CERTIFIED m�� NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIOHAI MAII (See Reverse) To .��C�.t��\1��^��`. S�E13� N�� .« `��. O .wTiT�ANO Z�� CODE � I�� 5 � �i POS AGE s CERTIfIEDFEE ' �~ SPECUI DEUVERr RESTRICTEODEUVERY �c q W SNOW TO NMOM �k.^ — r- u �' Os'EDE.vEai^ � � a � y y S'�'JN Tl WNOM M�I y C �a� �cxwcss o� Qt '1(��'��'tP� = W J Q W cw�,y� TC NMOM 41.- "�s'E y � c ;x,��rta' .W;THRF:'P�,-l[ = p ` �,,:1[P. . � � WON'CWMOM pe'; Gti^ i 4�:�i:�`J�Of:'YfF•r5�+ ,� aESiF,-iEDDEt�vF�• � P TOTAL ►OS/AGE AND FEES S < 'OSTYAIIK OR OATE � � � � `o � v: a This correspondeace is being sent to you by registered mail to inform you that a replat oP the Riverr+ood School area is nox under consideration by the Fridley City Council. It is our understanding that you have been contacted by the developer of the plat, !!r. Charles Cook� and bave decided to participate in the sanitary sewer portion of the project only. It t+as stated by Hr. Cook that it is not your desire to participate in atreet access onto the proposed Riverwood Drive at this time. Tbe City's concera is that suPficient atreet access opportunity be maintained so that possible lliture aubdivisions of your property will not be land locked. The developer is rilling Lo dedicate an access easement to himself which will be held to provide a tliture driveMray access Prom your property onto Riverxood Drive. This easemeat vould provide a 25 foot access onto the street which is tbe minimum requirement by code. The actual fee ownership of the property would belong to the lliture o�ner of proposed Lot 1, Block 3, Riverxood Park (see map). P2ease be advised that at thia time Nr. Cook Will be the oWner of this �aaement. Any transactions between him (or any subsequent oWner of the �aaement) and you (or a subsequent awner of your lot) will take place beyond City involvement. The value of this easement Will be determined by it's owner and say very rell reflect a aignificant e=pense commeaaurate xith a proportionate amount of the original assessaents or more. T6e City Council vill be acting oa the final plat on Nonday, December 16, 1985 at 7:30 P•M. in the City Hall Council Chambers. Ye are requesting that you either respond to us in vritiag by December 11, 1985 or attend the above referenced Council seetiag to voiee your opinion. If xe do not bear from you ve Will aasume that you are in agreement witb tbia proposal. � -- — ` t t t � `� t 2� Mr. Richard Maleeek December 6, 1985 Page 2 ♦ttached please fiad a plat �ap aha+ing the proposed easement aa it relates to your property. � It �ou have aqjr questions please feel tree to aall �e at 5T1-3450. Sincerely, James L. Robinaon Planning Coordinator JLR/ak Attachment C- 85-3�40 December 6 � 19 85 Martin Nisley 105 - 71 1/2 Yay N. E. Fridley, !�1 55432 RE: River�+ood Park Plat Dear Hr. Nisley: P22 :.;a.��'~ 2 G RECEIPT FOR CERTIFIEL ....,,� NO INSURANCE COVERAGE PROYIDED— NOT fON INTERNATIONAL MAII (See Reverse) $ENTTO `c�a'�^.`c� `�-�-�.�, S�O�ND N� � �L ` � � `W � P StATEA^DbpCODE ( POSTIIGE _ _ _( � ' S V CERTIFIEO FEE }.��. SPECiAI DEUVERY Q � RESTRICTEDDEIIVERY ! N W SNON 'Q Wr!pY 4�' � D�7E DE:'vEREC W < � C i W y $HJNi��Nn;.M �w,'; Q � � LYL�VEDPa,s[n: = W ' Q e S�ON� 1� KHJ4 A�' :'.'i N Of:�vEPE:W�i�RES'�:`4. � o � DE��vEa� i� 5tipri'i:W!+`M nG•, A (L'�q[ ct �[ i4 �. �G F[C'S:'[..�t.�::. 1'� ? TOTAI POSTAQE ANO FEES S � POSTMAIIK OR DATE � � E `o � v: a This correspondence is being aent to you Dy registered mail to inform you that a replat of the Riverwood School area ia now under consideration by the Fridley City Council. It is our understanding that you have been contacted by the developer of the plat, Nr. Charles Cook, and have declined to participate in any proposed street or utility activities. The City�s concern is that sufficient street access opportunity be maintained so that possible future subdivisions of your property xill not be land loeked. The developer is willing to dedicate an aceess easemeat to himself rrhich Will be held to provide additional atreet access onto 71 1/2 ilay N.E. The actual fee oxnership of the property would belong to the future oWner of proposed Lot 1. Block 1, Riverwood Park (see map). Please be advised that at this time Mr. Cook will be the oxner of this easement. Aay transactions between bim (or any aubsequent ow ner of the easement} �d you (or a subsequent rnrner of your lot) will take place beyond City involvement. The value of this easement will be determined by it�s awner and aay very vell rePlect a aigaificant expense commensurate with a proportionate amount of the original assessments or more. Tlse City Council vill be acting oa the linal plat on Monday, December 16, 1985 at 7:30 P.N. in the Citq Ball Council CSambers. Ye are requeating that you either respond to us in vriting by December 11, 1985 or attend the above referenced Council �eeting to voice your opinion. IP ve do not hear from you we Will assume that you are in agreement with this proposal. e ♦ � Mr. Martin Nisley December 6, 1985 Page 2 Attached please find a plat map shrnring the proposed easement aa it relates to �our property. ' It �ou have aay Questions please feel free to call me at 571-3450. Slncerely, James L. Robinson Pla.nning Coordinator JLR/ak Attacbment C- 85-341 2H � � � � _ITYOf � RJ DLEY ptAECTORATE OF PUBLIC WORKS MEMOiaANDUM T0: sim Qureshi, City Manager PW85-370 FROM: yde Moravetz SUBJECT: CITY AGREEMENT WITH STORER CABLE (SCI HOLDINGS, ING) REGAROING THE TRANSFER OF TITLE �. o � a � ��) cao b-V � ---�- ,-� = --- � � DATE: December 11, 1985 P�,rsuant to the December 2 Council Meeting, Gary Matz and myself have offered certain cortmitments the City should receive from Storer. These corrmitments include: 1) Money for Access equipment. 2) Money for Local Origination equipment. 3) 54 Channel 400 MHZ System at revewal time (1988) with addressable converters and emergency override. 4) Letter of Credit or something comparable. To date, Storer has agreed to provide $50,000 for Access equipment over the next 15 years. (In my mind a totally unacceptable amount.) They don't want to make any conmitment to L.O. Storer appears receptive to building a 54 Channel system with addressable converters and emergency �verrir;e on all channels. As you know, Storer has refused to provide the City with a Performance Bond. Since that refusal, they have also refused to provide the City with a (1) Letter of Credit, (2) Escrow Fund, and (3) Confession of Judgment Statement. Just what they will provide is not known at this time. Ron Abrams, Attorney for Storer, has indicated to Gary Matz that Storer will provide a"Letter of Extension" regarding the above referenced agreement to January 31, 1986. (I should have this letter for Council Packets Friday afternoon.) I will provide you with a draft agreement for Council scrutiny when I get something on paper. This item should be tabled at the Decer�er 16th meeting until we receive something to hang our hat on' from Storer. CM/ts ORDINAIiCB N0. AN ORDIAAIiCB UNDBR SBCTION 12.07 OF THE CITY CHAaTBa TO VACATE STREETS AND ALLEYS AlID TO A!�lBND APPB1iDI% C OF THE CITY CODB The City Council of the City of Fridley does ordaitt as follows: SECTION 1. For the vacation of a drainage and utility easement deseribed as follows: Yacate the drainage and utility easement over, across and through the xest 5 feet of Lot 1 and the north 5 feet of Lots 1 and 2, Bloek 3, RiverFrood Manor. All lying in the south half oP Section 10, T-30, R-24, City of Fridley, County of Anoka� Minnesota. Be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutues and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 19 85 WILLIAM J. NEE - MAYOR ATTEST: RICHARD D. PRIBYL - ACTING CITY CLERK Public Hearing: First Reading: Second Reading: Publication: 4 ��'1 ,� cirroF FR! DLEY MEMO T0: MEMO FROM: ' i'LANNiNG DIVfSION , 1�'IF.MOR.ANDLIM John Flora, Public Works Director Jim Robinson, Planning Coordinator � � MEMO DATE: December 10, 1985 REGARDING: Expediting SAV #85-07 Mr. Charles Cook is requesting that the City vacate a utility easement which exist on the proposed Riverwood Estate Plat. The vacation is scheduled for public hearing at the December 16, 1985 City Council meeting. The item has successfully moved through Planning Commission and there are no utility company concerns. Part of the easement lies over the proposed Lot 9. The developer's plan is to build his first structure, a model, on this lot as soon as possible. In order to expedite the process it would be helpful to suggest to Council they have the first reading of the attached ordinance on December 16, 1985. In addition, we could allow Mr. Cook to start construction after the first reading of the ordinance while we continue with our procedural requirements of a second reading and publication of the ordinance. JLR/dm M-85-161 Attach. 4A iverwood Development Associates 2640 Grouse Street� oon Rapids, MN 55433 12-OS-85 City of r`ridley John Flora 643'� University Ave:^ae "< r�idley, r;;� 55432 R�,: Vacation request SnU �85-07 i�ear John Flora: Regarding the utility easement vacation for River�ooc Iark, 7 have been instructe;: b�• Jir�• ficbinson to request of you that both the first and second reading of this vacation take rlace at tre public hearing of 12-16-85. It is important that this easerrer.t vdcdtior. be complete and final along witi� tre plat a�Froval on the 1Eth of �eceu:�ber, because our builder intends to irrrr.ediately start a model home on the lot where the eGser�ert exi��. if you have any questions, feel free to contact r:•e at 757-75E�. �incerely, ��,� T �� Cr�arles S. Cook �� 5 CITY OF FRI�LEY PLA��NI�JG C(��1,•IISSIOW �fEETIf��, DECEt•iQER 4, 19t35 CALL TO ORUER: Ci�,iir��erson Gabel called the Decei,iber �, 1935, Plannin� C�nr,�ission nePtin� to •order at 7:3L }�.►�. v 'tOLL CaLL: t1eiibers i'resent: Mh . Gabel � Mr . Oqui st, Mr . hti nton, Mr . Saba, Mr . l•!el 1 an, Mr . Kondr ick Mer,ibers Nbsent: P�one Otliers Present: Jir� Robinson, Planninq Coord�nator Charles S. Coo�, ]2G40 Grouse St., Coon Rapids Glen Van lJorr,�er, Short Clliutt Hendrickson, Inc. Clinton J. Co�picus, 25G i4erc�y Drive Chester Gronel:, 3600 36th Ave. N.F., St. Anthony Rosanoid Sandusky, 181 Sylvan �ane Norna tJetterber�, 175 Sylvan Lane J. L'. Pollard, 13a5 Skvwood Lane Louis ^. Lundgren, 11�0 Minnesota Guildins, St. Paul 55101 Sill Caa��, 6280 University Ave. J. Suh, 12 Island Rd., St. Paul 55110 APf'�OVAL OF i�dVE�1fiCF; 6, 1985, PLAP�i�I�JG Ca1f1I5SI0iJ i1ItiUTES: 1�10.'^IOIJ BY lfR. KONDRICK, SECONDED BY I1R. SABa, TO r7PPROTIE TIIE IlOVE11BER 6, 1985, P :�7lVNI1JG COM1tISSION 1�INUTES AS �IRITTEIJ. UPO"J 1'� VOICE VOTE, ALL VOTING AYF., CXAIRPERSON GABEL DECZ,ARED THE 1dOTI0?J CARRIED UIJ.�l�II9UUSLY . l.. PUE;LIC NEa".ING: COWSIDFP.ATIOf� OF A SPECIAL USE PEP.PIIT SP #t35-13 BY �IatTH E ti A'f �NESTORS: Per ectlon �. 8.1, C, 1 of the Fridley Cit:r Code to allo�� offices not associ ated �•�itl� a principal use on Lots 6, 7, 8, and 9, Block 1, and Lots 1, 2, 3, and part of 4, Block 2, Great t�orthern Industrial Center, the sane being 51 J1, 5201, 5255, and 5301 East R i ver Road PJ. E. Itera conti nued unti 1 next meeting at petitioner `s request. 2. PU►3LIC HEi�RIt�G: CO��SIDERATION OF A SPECIAL USE PER"�tIT, SP#85-14, BY LOU LU(JDGREN: Per Secti o►i 205 .15.1, C, 1 Z of tl�e Fri dl ey City Code to al low any cor�bi nati on of office, retail and residential uses within one buildin� on Lot l, Block 1, Sylvan Hills Flat 6, and Lot 1, Block 1, Sylvan Hills t'lat 7, the sar�e heing 21 � Mi ssi ssi ppi Street tJ. C. and 24a tti ssi ssippi Street t�. E. 5A PL�1��t�1(JG Cl�•It4ISSIUfJ MEETIt�G, DECEPI6ER 4, 1985 PAGE 2 1NOTIOi1 BY MR. KOf1DRICK, SECONDED BY MR. MINTON, TD OPF•N TXE PIIBLIC HEARIIJG ON SP �114. UPO:+ A VOICE VOTE, ALL VOTIl7G AYE, CHAIRPERSON GABEL DECLARED THE lfOTION CARRIED UNANIMOUSLY. Mr. Robinson stated this property was located on the south�est corner af the University/14ississippi intersection. The public hearing was for !'hase 1, a six-story cor^bination office/retail/residential building, on approx. 2.8 acres. Ultiraately, I-r. Lundgren hopes to develop tt�e entire 9.8 acre site into four phases. There are a total of 119 units--76 one-bedroora, 33 two-hedroom, and 10 three-bedroori units. On the first floor and on the northern portion of the bui ldi ny wi 11 be approx. 4,000 sq. ft. of conr�erci al . Two hundred and forty pa�•kiny stalls are proposed--145 underground, and 95 above ground. This exceeds tfie code requirement of 225 stalls. (•a•. Robinson stated the zoning for the entire tract is C-3� heavy corz,�ercial. There are soiae R-3 apartr,ients to the south anC Syl van Hi 11 s a�i�i ch i s a si ngl e fai,iily nei�l�borhood. Nh. Rot�inson stated there has been a lot of concern expressed about traffic, anci IM. Lundgren has hired a traffic consultant v�ho can ans�ver questions about tr aff i c . I��,. Robinson stated Staff would reconmend the followiny stipulations: 1. A comprehensive drainage plan ►�ith the first phase develo�ment ►Nhich would address all four phases. 2. Landscaping plan consistent r�itl� the rest af the downta�n area. 3. Special use peri�iit is contingent upon successful acquisition of this property by the N211. ��r. Lundgren stated he was the Managerient General partner of Fridley Plaza ��ssociates, a lir.�ited partnership formed for tlie purpose of developing thi s si x-story apar tment bui ldi ng. He stated the bui ld i ng ►�vas a hi gh qual i ty buildiny, entirely brick-clacf. On the south side, there was a one-story structure a�hich would house the amenities--s►�rinmin� �ool, �arty rooM, exercise roun, etc. All the units on tl�e south side and the taio ends will have private balconies. I�h. Lur�dyren stated the rhasing of all four phases will have to coincide with the City's developnent phase because of acquisition and other problerns. lie stated Fridley Plaza Associates will be w�king very closely with the City. �M. Lundyren stated a lot of questions have been raised at previous hearin;s and meetings about traffi�, and he has asked t1r. Glen Van tlormer of Short E1liott 4iendrickson, Inc. to make a traffic study which would examine the imrlicat-iuns of this building, particularly with the other buildings conter�- pl�ted for the site. A;�reliminarv report has been prepared, but he believed tliey were �vorking on a more conplete report. 5B PL��(JWIf�G C(S•1�4ISSIOtJ t�tEETI�JG, DECEME3ER 4, 1985 PAGE 3 IM. Kondriek asked about the rental figures f or the units and the square foutage of the apartrnent units. t�tr. Lund�en stated the rental figures would be fra,i $565-870. These rents do include all utilities so when making cor�parisons to other apartiaents, they should allow f or that factor. These are all market rate apartments, not sub- sidized, and they feel top of the market units. t�r. Lund�ren stated the square footage af the apartiaents was �uite large. They ranged fr om 710 sq. ft. to 1,425 sq. ft. Mr. Oquist asked about tlie approximate timetable for all four phases. Mr. Lundyren stated they are looking at a realistic timetable of 2-22 yrs. to cornplete all four phases. Mr. Glen Van :Jormer stated he was witli the firr��, Short Elliott Hendrickson, Inc., (-iunicipal Engineers, who work for quite a nuinber of municipalities throughout hiiiinesota and t�isconsin. They do work for the City of Fridlev as traffic enyineers and so are sonewhat f amiliar with the City. �1r. Van 6lormer stated Ptr. Lundgren asked them to undertake a traffic study of his developnent. He stated they began by reviewing all tlie information� bring- in� it up to date, so they had a pretty good idea of the volumes of traffic that exist today at the intersection of t4ississippi/l!n-��ersit�� and on Mississippi in the area of tiie �,ro�osed developr�ent. They found in their analysis that the intersection operates today with sone congesti�n, but probably better than a lot of other metrapolitan intersections. They technically call it "Lev el Se►•vice D, whicfi is a grading syster� for peak hour traffic congestion-- "Level Service A" being excellent, "Level Service D"being an accentable level, and "Level Service F" being the very ��orst congestion. t•4�. Vai� Worner stated tfiey than took the total cornplex that was proposed with tl�e office, elderly, and residential development, projected the volume of traffic, tl�e direction in which the traffic would flow in and out of the buildings, and super-inposed then on today's traffic, included the total develop- ment in Holly Center, added a per centage for general tr affic growth in the area, anci ca��e up again with evening peak hour voluines. They found that with no ir�provements to the intersectian, it would be at a"Level Service E". tlith the inrrovements proposed to the intersection, it would operate again at "Level Service U". There will be more tr affic, but there will be a better intersection, so the tr affic volune should operate about the same as tod ay. Mr. Van tlormer stated that in looking at the development, they also tried to determine not only how many cars are coning out, but where those cars are going and how migf�t those cars affect the adjacent streets. A couple of hundred cars during the peak hour would be oriented either to or fron East River Road, much of it would be oriented either north or south on University, and sone would go on Ptississippi toward Highwa� 65. There was also an interaction with Holl� Center of about 5%. 5C PLIIt�P�IIlG COt•'t1ISSI0P1 ttEETIWG, DECEMQER 4, 1985 PI1�3E 4 i�h�. Van �Jormer stated one of the concerns �•�as access into and out of the develo�►�ent and how it interf aces with Mississippi St. He stated they have been working with Mr. Lundgren in shifting sane driveways so there will not be any interference. Mr. Van tJormer stated there has also been a concern of traffic trying to get down south into the residential streets. They do not anticipate there would be any desire fror� the natrons of the office building or the apartrnent building residents to go throuyh the residential area. 7hey can do two things to guar antee that: (1� make it more convenient to go to University and Mississippi; and (2) rnake it a little bit difficult to get through to the residential streets. � t�h. Van llormer stated they also nade a license plate check of vehicles at the intersection of Satellite Lane and Mercury Drive. They worked with the Police De�t. in order to determine how many were residents in the immediate area, h a�r �na�i� were residPnts in the area inmediately north of i-tississip�i, how many were F ridley residents, and how raany were ��etropolitan residents. They anticipate that approx. 50% of the cars arere registered to actual residents in the area, a�id they are trying to f�r,� out wh�� tf�e otfier 50% are in this area. They suspect a lot of people are using the path behind Rice Plaza as a short-cut to avoid traffic. The proposed developnent will stop that kind of traffic. Some of the ir�iF�rovonents to 694 might relieve sor�e of tlie traffic problems t��at exist down around 694. t�s. Gabel asked if there was anyone in the audience who would like to make a conment about this pro�osed development. ��s. Norma 1letterberg, 175 Sylvan Lane, would be in the apartment building. It just be an apartment building. asked what type of comnercial business had been her understanding this would P1r. Lundyren stated the total amount of camnerci al was about 4,000 s�. ft. It would largely be businesses tl�at would service the building--beauty shop, barber shop, dr� cleaner pick-up location, etc. He did not have any tenants identified at this tirne, but they will be talking to all the tenants and owners in the area to see if they can get sorie of them into the complex. Ms. t�letterberg stated she also had a question about the storm sewer. She stated she lives across from the park, and in periods of heavy rain, the park is floodect, the streets are flooded, and the water comes up in the yards on the corner. What impact would this development have on flooding when so much open ground is going to be covered up with blacktop? Mr. Robinson stated one af the stipulations of the special use permit was '4r. Lundgren �,►ould have to provide a canprehensive drainage �lan that ►•�ould address the four-�hase development. The development is also in the Rice Creek ;latersl�ed District which I�as strict restrictions. The rate of run-off cannot be more after development than it was before the development, sa the develop- me�it will not irr�act the storm sewer system any more than it is nrnv, 5D PLA'�'JI'JG Ct�11�ISSIO�! �1EETItdG, DECE�IBER 4, 1985 _ PAGE 5 Mr. Bill Camp, 6280 University, stated he was at the Citv Council meeting on (�londay evening and nothin, was said about part of this building being conmercial. Mr. Camp stated that after tlie Citv Council meeting, a woman asked about play- ground faci lities and outdoor activities for ti�e apartrnent residents. t4r. Lundgren had said tie was putting in a swimnin� pool. I�r. Camp stated Sylvan liills a�as donated as a park f or the residential neighborhood, both the existing �partment buildings and the single f amily residential. To the best of his knor�ledge, this property r�as al��ays intended to be sa��e form of conimercial. If they are 3oin� to put irito the neighborhood 400-500 people where are they going to go for recreation? ArA thev �oing to overload Sylvan Hills Park? At least small cl�ildre�� should have f acilities on site that would be a play- �round atmosphere. He felt this sf�ould be looked into. t•Y. Caiop stated liis major concern was that prior to construction, it would be very nice if these �lans were more finalized so the residents Yrould have a better understanding af what is ha�pening. They have talked about alot of things, but there is nothing finalized yet. Mr. Cai�p stated the residents in the northern part af Sylvan Hills want to be able to come and go from the north as well as from the south. Thev do not want to be blocked off. To block off access would be a real disservice to the rest of the residents in that area. t�1r. Canp stated an ir�portant thing to keep in nind was there is alrPady a ro�r of a�artments there ►��i th 100 units. It would be real ly easy to forget tl�at and block it off so they are, in f act, running 100 units of people down tl�rougli the Syl van Hi 11 s residenti al area. t�r. Clinton Coppicus, 256 Plercury Drive, stated he was ver� concerned about peciestrian traffic, both for pedestrians tryin� to a^oss at the �4ississippi/ Universit�� intersection and for the elderly in one of the future phases crossing tlississippi to yet to liolly Center. fM . Robinson stated tfie emphasi s on pedestri an safety wi 11 also be part of the inprovement of the intersection. �M�. Lundgren stated that hir. Camp's suggestion regarding children and a play- ground for children had sone merit, and he would like to study that possibility. He stated they are restricted to tl�e ar�ount of land available, which would make putting in a playyround difficult but not inpossible. hr. Lundgren stated that approx. 60% of the units are one bedroom units and thev do not expect large nu�bers af larger families in the f acility. � MOTIOiJ BY 14R. KONDRICK, SECONDF.D BY F1R. SABA, TO CIA.`'iE THE PURLIC HEARIl1G ON SP #85-14. JPOIJ A VOICE VOTE, ALL VOTING AYE, CFIAIRPERSON GABEL DECLARED THE PUBLIC XEaRING CIASED AT 8:40 P.M. 5E PL�tJNIf�G COI4I�ISSIOP� t1EETING, DECEt16ER 4, 1985 _ PAGE 6 14r. Oquist-stated he had no problea� with this special use permit request with the stipulations as suggested by Staff; however, he would recanmend they add one additional stipulation that access continue to be provided to Sylv an Hills fron Ptississi�pi St. MD^IOlI BY l�R. KONDRICK, SECONDED BY �lR. OQi1IST, TD RECOI�fMEND TO CITY COUNCIL APPROVAL OF SPF.CIAL U5E PERMIT, 5P �185-14, BI' LOU I.UNDGREN� PER SECTIOI'1- 205 .15.1, C, 12 OF THE FRIDLEY CITY CODF. TO ALLOf' APiY COISBINATI01� OF OFFICE, RE_TAIL AI�D RESIDEI7TIAL U5ES FIITHIIJ ONE BUILDINC ON LOT 1, BLOCK 1, SYLVAN HILLS PL��T 6 A11D LOT 1, BLOCK.I, SYLVAN IIILIS PLAT 7, THE SAl•1E BEIr�G 214 MISSISSIPPI S�^REET N.E. AIJD 248 MISSISSIPPI STRF.ET N.E., WITH THE FOLIA[II1JG STIPULI►TIOlJS: 1. DEVELOPER PXOVIDE A DRAII7AGE PL.�lV FOR THE TOTAL DEiTEIAPMENT (ALL FODR PHASE5) WITH THE FIRST PHASE CONSISTENT WITH DOWNTOWN MOTIF. 2. DEVEIAPER PROVIDE A LAIJDSCAPING PZ,AI'l. 3. SPECIAL USE PERMIT G�DNTINGENT UPON ACQUISITION OF PROPERTY BY HRA. 4. ACCESS BE PROVIDED TO SYLVAN NILLS FROM MISSISSZPPI ST. P1s. Gabel stated a lot af pr ogress has been made on this development. There have been a nur�ber of neighborhood meetinys and alot of neighborhood input. A traf fic studv has been done which is not totally complete yet, but they realize that with the improvements to the intersection, the development will not be making the traffic conditions any worse than it is today. There will be a drainage plan. The developer has gone fron a 12-story apartment building to a six-story a�artment building, and stie felt that was showing sorte sensitivity to the neighborhood's feelings. There are still a lot of questions, but she felt City Staff will monitor this as the project moves forward. The residents will haye f uture opportunities to come to meetinys to look at plans and ask questions. UPUI� a VOICE VOTE, ALL VOTING AYE, CHAIRPERSON G1dBEL DECLARED THE MOTION CA}2RIED IINANIMOUSLY. P1s. Gal�el stated this iteM would go to Cit�� Council on Dec. 1G. 3. LOT SPLIT REQUEST: L.S. #a5-08, [3Y LOU LU��DGREPJ: Sp1 i t o t�e sou�rT,� ., ee��Cot—T; �Tock 1, Syl van Hi 11 s P1 at 7, and tlie southerly 190 feet of Lot 1, Block l, Sylvan Hills Plat 6,for proposed develo�ment, tlie same beiny 248 14ississippi Street N.E. and 214 14ississippi Street N.E. t1r. Robinson stated the property was located in the southwest corner of the University/t4ississippi intersection. The lot split was for the southerly 190 feet af Lot 1, alock 1, Sylvan Hills Plat 7, and the southerly 190 feet of Lot l, Block l, Sylvan Hills Plat 6. The lot split was approx. 2.8 acr es, zoned conmercial C-3, and is being s�lit in anticipation of a 119-unit apartment cornplexl4,000 sq. ft. commercial. The lot split will ]eave parcels that,��„-- large enough to meet code. �� >� �. � �� 5F PLA�lNIt�G CUt•it1ISSI0t� �1EETIWG, DECQ�iBER 4, 1985 PAGE 7 Mr. Oquist-stated that if for sone reason develo�xnent af the other phases did not ha�pen, this property could become landlocked, Ma�be they should add a stipulation that says access easement should be provided from hlississippi if all other phases fail in order to prevent this development fron becor�ing la�►dlocked. Mr. Robinson stated that was a good point, Two options exist. One would provide access through the liquor store, another would provide access west of the shopping center. Mr. Saba asked if there was a park fee associated with this development. Mr. Robinson stated that based on square footage, the park fee ��ould be �2,760. htr. Saba stated tl�at di d not sound 1 i ke a very 1 arge park fee for the si ze of this development and the nur�ber of people who will require more park space. �1r. Carnp had expressed a valid concern that raaybe more park space or playground equipment will have to be added because af more people being added to the area. t•tr. Carnp stated the ar�ount of 52,760 for a park fee seened like an infinitesimal ar;�ount of noney for 119 resi�ential units. 11e stated Mr. Charles Cook has a 45-lot plat. Mr. Cook's park dedicatio+� fee will be around 545,000 for 45 hanes. There was definitely sociething Y�rong, and maybe the City should be figuring the park fee on a different basis, so there uas nore equitable f ees. !�ls. Gabel stated she could understand what '�1r. CooK was saving; however, the City Council was the body that establishes the park fees. � MO�'IOI� BY lTR. MIIJTOIV, SF.COIJDF.D BY 1lR. KONDRICK, TO RECOMl9END TO CITY CDUNCIL AF'PROV�L OF IAT SPLIT REQUEST, L.S. N85-08, BY IAU LUNDGREP7, TO SPLIT OFF THE SOUTHERLY 190 FEET OF LOT 1, BLOCK I, SYLVAN HILLS PLAT � AAD THE SOUTNERLY 190 FEET OF LOT 1, BLOCK 1, SYLVAN XILLS PLAT 6 FOR PROPOSED DEVELOPMEPJT, TNE S�fE BEII�G 248 11ISSISSIPPI STREET N.E. AND 2I4 IdISSISSIPPI STREET iJ.E. , i�ITH THE FOLIA[IING STIPULATIONS: 1. THE LOT SPLIT BE CONTINGENT UPON SUCCESSFUL ACQUISITION OF PROPERTY BY THE HRA. 2. IF NECESSAP,Y, AN ACCESS EASEltEP�T FROI," lfISSISSIPPZ BE PROVIDED TO THE .1PARTMENT COI�PLEX. UPON A VOICE VDTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE I�OTIOI! CARRIED UNANIMOUSLY. 4. VACATION REQUEST: SAV #85-06, E3Y JOH�� G. POLLARD: Vacate t e ur�use �o nson Street e ication Tying north of Skvwood Lane and south of I-694. ��ir. Robinson stated the utilities have been notified of this vacation request, and NSf',Northwestern Bell, and Storer Cable are requesting a utilit�� easement be rnaintained on the easterly 10 ft. of the pro�erty. � 5G F'L�afdl;I;�G COt•1t1ISSI0N P�EETING, DECEMQER 4, 1985 PAGE � I�r. John Pollard stated he has rnaintained this property for many years, so he is petitioning to have this property revert back to his lot so he can do �vhat- ever is needed to get the property back into shape. M0�'ID,y BY l�R. QpUIST, SECDIJDED BY IfR. WELLAI'1, TO RECOM1fEND TO CITI' COUNCIL APPROVAL OF VACATION RF.QUEST, SAV �85-06, B�' JOHN POLLARD TO VACATE THE UNUSF.D JOHNSON STREET DEDICATION LYING NORTH OF SY.1'WOOD LANE AND SOUTH OF I-694, I'ITN Tf1E STIPULATIDN THAT A 10 FT. UTILITY EASEIfENT BE MAINTAINED ON TNF EASTERLY PORTION OF THE PROPERTY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE J�IDTION CARRIED UNANIMOUSLY. 5. VACATIUt� RE�UEST: SAV ,#85-07, L'Y CHARLES S. COOt:: Vacate tTie�rainage an uti Tity easement over, across and through the a�est 5 feet and the nortfi 5 feet of Lot 1 and Lot 2, Block 3, Riverwood Manor. Mr. Robinson stated tt�e location of this lot split was just north of 71st iJay and west of East River Road. It was part of the Riverwood School Plat. After the plat, it was discovered ti�ere were some existing utilities over Lot 1 and Lot 2, Slock 3. The utility cor.� anies have no probler with the Tot split, and Staff ��ould recaarnend its approval. :f0^IO:I BY !�lR. SABA, SF,COI7DED BY MR. �fIN^_'ON, TO R�COl1!•JF.ND TO CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV #85-07, BY CNARLF,S S. COOI:, TO VACATE TIIF, DRr7I1JAGE Al]D UTILITI' F,ASEI�ENT OVER, ACROSS AIJD THROUGN TNE WEST FIVE FEET AND TIIT NOR:N FIVE FEET OF LOT 1 ANI7 LOT 2, BLOCK 3, RIVER(dOOD MANOR. UPON A VOICE VOTE, ALL VOTING Ai'E, CHAIRPER50P7 GABEL DECLARED TIlE 110TION CARRIED UNANIMOUSLY. 6. RECEIVE NOYE116ER 5, 1985, EPJERGY COMPIITTEE MI�JUTES: I� Ji IO.'I BY 11R . SABA � SECOIV DED BY MP, . �4INTON �:"O RECF. I VE THF. NOV . S� Z 98 5� E:IERGY COI•l1fl'_"TEE flINUTES. JPUI7 A VOZCE VOTE, ALL VOTZNG AYE, CIIAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE tJOVEt� ER 7, 1985, HUMAN RESOURCES COMMISSION MINUi'ES: MOTION BY MR. MI:V^_'ON, SECOP7DED $Y MR. SABA, TO RECEIVE THE NOV. �, 1985, HUI�AN RESOURCES COI•11�ISSION MINUTES. UPO:� A VOICE VOTr., ALL VOTING AYE, CHAIRPERSON GABEL DECLARF,D THE MOTION CARRiED UNr119IMOUSLY. t�1r. Minton stated the !�linnesota Departnent of Nur�an Rights (MDHR) would like the City of Fridley to formally adopt a Worksharing Agreeraent. Basically, the Agreeiient said the City would agree to voluntarily help the M DHR through the No-Fault Grievance Cor�x�ittee. Once the Agreenent is approved, they would have to have people trained before the AgreeMent would 5ecome effective. The Hunan Resources Caamission had made a motion to forward this Agreement on to the Planning Cor.�nission and City Council for a�proval. 5H PLI1Pl�lII�C C0�111ISSI0�� t4EETING, DECE�tEER 4, 19£i5 PI1GE 9 1f0� IOf1 BY I'1R. MI17T01�, SECONDED BY MR. SABA, TO APPROVE THE iIORIGSHARIIJG AGREE— MEP7T BE�JEEN THE CITY OF FRIDLEY AND THE MDNR A17D FORD�ARD IT ON TO THE CITY COUNCIL FY)R ITS APPROVAL. UPU�V A VDICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE t�OVE14BER 12, 1935, APPEALS Cq�iMISSI0t1 MIPIUTES: IfOTI017 BY l�JR. KONDRICK, SECOlIDED BY MR. MIN:"ON, TO RECEIVF. '"IIF. NOV. 12, 1985, 1�PPEALS COl�1MISST.ON lfINUTES. UPU:I A VOICE VOTE, ALL VOTING A2'E, CHAIRPERSON GABF.L DECLARF.D m11E 1'lOTIO!'J CARI2IED UNANZMOUSLY. 9. RECEIUE ta0VEt1BER 19, 1935, EWVIRON�1EtJTAL QUALITY CO�MIIS;IOP� MINUTES: MOTION BY IdR. WELLAN, 5ECONDED BY t1R. KONDRICK, TO RECF.IVE THF. NOV. I9, 1985, E:�VIROIJ:IEITTAL QUALITY COIIMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSOlJ GABEL DECLARED THE 1fOTION CARR1"ED UIJr7IJIlfOUSLY. 10. OTI�ER L'li�ifJESS: a. Park Dedication Fees The Cor��mission mernbers stated they would like to discuss the inequities i n parl: fees. �4r. Robinson stated park fees on conmercial and industrial properties are fic�ured on a square footage basis. If the apartment building �roposed bv �1r. Lundgren was an R-3 apartnent huilciing, the park fee would be �500/unit. The problem here was the property was zoned conr�ercial. They have never had a situation like this before where residential was being built on conmercial property. P�r. Saba stated sor,ie type of recreational facilities night have to be developed to satisfy the needs of the People in the new develo�nent. The Planning CoTmission mer,fi ers agreed that the whole policy on park dedication f ees should be reviewed by the City Council. The whole issue of how tlie park fees are assessed needed to be revie��ed in order to h�ave more equitable fees. 1fOTI07� BY i�lR. SABA, SECONDF•D BY ldR. OQUIST, TO FtECDi�1t3ElJD THAT TFIF: CITY COU.NCIL Z�OOK AT THE INEQUITIES IN NOW PARK DEDICATION FEES ARF, ASSESSED, E5PECIALLY IN LIGHT OF 2HE CURRENT SITUATION TJHERF. AN APARTMENT BUILDING WAS BEIIJG BUSLT ON CO111iERCIAL PROPERTY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED TNE MOTION CARRIED UNANIMOUSLY. 51 PLAhPdIt1G C0��11ISSIOPd I�IEETIt�G, DECEMBER 4, 1985 PAGE 10 Mr. Oquist stated nothing cou�d be done about this project, but maybe sor�ething could be done before a similar situation arises. b. Locke Park Entr ance and Improvenent t4r. 1:ondrick stated t1�at at tl�e last Planning Commission meeting, there ��as sor;�e discussion about the recor�nendation by the Parks & Recreation Commission to the City Council that the City provide q10,000 ouT of park funds to help tlie County put in curbs and gutters for the entrance and parking facilities in Locke Park. He stated there was sor�e objection by the Planning Commission nembers to th9s expenditure, and he had stated he would coine back with sor��e more information. Mr. Kondrick st ated that Locke Park was owned by the Citv of Fridley, but maintained entirely by Moka County, saving the City a]ot of money. City cale requires there be curbs and yutters in all cit�� parks. The improvements beiny done by Anoka County will make it easier for them to maintain the par k, so the $10,000 the County is asking for is oniy a smalT part of the overall cost of the improver��ents. I�r. Kondrick stated it was the Parks & Recreation Director's, Citv Staff's, and his recor�iiaendation that the Planniny Canmission go along with this request fror� the County. t:�'ION BY 1�R. KOl]DRTCK, SECONDED BY MR. WELLAN, TO COT7CUR WITH THF. PARKS � RECREAiION CDIfMISSIOPJ AND TO RECOMMEI�D THAT THE CITY COUNCIL CONSIDER APPROVIlJG THE RE�UEST OF $10,000 FROM ANOY.A COUNTY FOR CURB Al7D GUTTER I1�iPROVEMENTS IN IACKE PARK. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GAFiEL DECLARED Tf1E MOTIDN CARRIED UNANIMOUSLY. c. Vari ance Request for Rl4S Co. Mr. Robinson stated that R�1S is re�uestin� a variance in order to build a suitable building on their lot at 76th and 6aker St. The variance was a sideyard variance f rom 50 ft. to 4Q ft. and was needed in order for them to efficiently position their equi�rnent in the building for maximum use. This was an urgent request because Rt4S Co. has a contractual agreement they are entering into witl� a najor new customer and it �vas essential they begin construction immediateiy in order to allow them to keep this cormitment to their custoner. t4r. P.obinson stated the reason he was bringing this bef ore the P]anning Ca,�mission vias to see if there was anv problem with this request going directl� to the C�ty Council after the Dec. lOth Appeals Cor�mission meeting. The Plannin5 Cor�mission r�embers had no problem r�ith this variance re�uest being expedited to the City Council before coming to the PTanning Convnission. 5J F��1��r�Tr�G Cor�r•1ISSIOP� t�1EETIPlG, DECE��ER 4, 1985 PAGE 11 AD,)OURtJt-tE��T: MD^.'IOII BY 17R. SABA, SECOl1DF.D BY MR. KOPJDRICK, TO ADJOURN THE MEETING. UPON A VOICE VO^E, aLL VOTING AYE, CHAIRPF.RSON GABEL DECLARED THE DEC. 4, 1985, PLANNING GL�IlMISSION MEETING AAJOURNED AT 10:00 P.M. 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Vl.�"`.�:'',. �\ .C,1' ��}' w A i a.J t � '':,`a�w'' i � c tiy�C �� Ky� � i� �. _ .aiY F►i. .2�+ i�•t._ �y�: �: � � ' ��►^ ! k��s1i� ��f _=','. % � �y-�., � i��}� • W, a!�•s FY xz� � � � �� . � . �ti`�� + . :,! } sa v, � .ri:�t`:�•v.'��.��. , ewa.�rw{• .._ ` �, ,,� ;�,'�r,y '' S : :9,�'�►�- c�.�\ • �"'5-�. �.�'.�� y'.*�n�y'�-, ` 1�'� `"� ., ,�a �'' ,l��`I •� �� •P<t.R �:• �:.i �.� . ,� a�:,:_ � 1�. _-�� t �,� •, � ..- ,;� �;..,-..-,�.. �� t•� i * �; �. �=L� \_,- t*�� `�,<: :� ;.�, . ak�'' , aa 's:i,:�"; .?'� c;�• , . `�• - 4,, � � �� ;'�.�: •� �, � " 0 5P No�thwestem Beli 6540 Shingle Creek Parkway 8rooklyn Center, MN 55430 December 2, 1985 City of Fridley Planning Department 6431 University Ave., N.E. Fridley, Mn., 55432 • Dear Planning Department: This letter is in regards to your vacation requests SAV #85-06 and SAV #$5-07. SAV #85-06 vacating the unused Johnson Street dedication north of Skywood Lane. Northwestern Bell Telephone Company currently is joint use with NSP and CATV on a pole line located on the east side of this dedication. Maintaining easement is requested. SAV #85-07 vacating drainage and utility easement at Lot 1, Block 3, Riverwood Manor. Northwestern Bell Telephone Company is clear in this easement. Sincerely, . L. Thistle Engineer Distribution 566-7530 -- _--�653 � �!r _ _ . S T�r'� ._... . , � ss�tr asto ia�o Ss . 5 Q 1,� � : • � ds i �, ' - _- 'S��b : ,, SS j7— 6 ��C ,o;'� { ! 16 I --�-- � aaot �rt: a . �6s�5 �r, ,. ��e� . � I 9 �-- „A D'l l N; ss�3 6 00 -�s ��r - •w+r� �- H'p y�.,t �s.A•- jes -1M� �b� s?�' �;� .+ ' -- i • ��`� ± s � �;i ; - _ i�t/ _. . - i .r � � ��- r �+ � 1rc ,- tg , � ,? �.► ,� ,� o � �`o � � 8 0 .,� ..,. , 't •+'�t- .�,f �a �'� s �`� �►: �� (��1 .e�... 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'+' ' ar ;�! ��,'.� i. ,�-• �i.� ,� t. 4y�.: . * ��•, `s, -� � ��L'� �`v�f �`.� �~ ' � (' • ♦ � v � � ` `� � � � � ��.�� ft � � �. . . �, .. :�� _ -t��y�' .�'t+ �2�' � �� . � � � ,�.i _ • ; .,� r ' �,e .... :, . �r�l� � s c �" � �,� 1 `"v,' /' �'. �F� *� �' s �ti_ �,� � � ;� � : �. . - t��.: , �,,ti.�.. ti. ,��:..::�t. _.�� . 1'�'�� i '�� ,� �� ;. � _. - � � . <<:� ;�. a � , �_ � � � � � �,�� 4 i : • ;!►,y�. �- � � • � � l� ��' • � f Y ` i �' ,�': •. ��''r . - � ; .r� � , ;:�,�: �, ►� . � �; y ,. .� .x. .: �.� i .�-. ,� . �� • ; . �, `ii. - --._��. , � �- -- r �1r�1. �� ,:� � '�� ,{: �� ' � `•..�;, .r xµ� '♦ „,y � � �� .a �:, , �'�, � + .� T ` ; � � � �� , i!�'E='•' .� F �`� � = +� x �,� , ♦ ' � �� . � ` �.. `• ' �T T ' ` � ._f�� .....��''•.`:�.,.. ..,. �.._ � � v � � �� t� -.^,`�i � � "� , �- �c , ...� ��. � a _ _..`�-_- - 5S MEMO T0: NASIM M. QURESHI, CITY MANAGER FROM: WILLIAM C. HUNT, STAFF PERSON TO HUMAIV RESOURCES COIrIIrSISSION SUBJECT: WORKSHARING AGREEMENT WITH THE DEPARTMENT OF HUMAN RIGHTS TO ESTABLISH A NO-FAULT GRIEVANCE PROCESS DATE: DECEMBER 12, 1985 At its October 3, 1985, meeting the Human Resources Co�ission voted to recommend the attached worksharing agreement with the Minnesota Department of Human Rights (I�HR) to the Planning Commission and the City Council for approval. The Planning Co�ission coneidered the matter at its meeting of December 4, 1985, and recommended approval by the City Council. The worksharing agreement is intended to etrengthen the relationship and level of cooperation between the I�HR and the Human Resources Commission and the Fridley No-Fault Grievance Commission in the following ways: - Training for members of the no-fault grievance co�ittee in no-fault grievance processing - Provision of appropriate forms for processing grievances - Technical assistance upon request - Other services in accordances with the Worksharing agreement The Human Rights Co�ission and the Fridley No-Fault Grievance Commission are bing asked to implement the following standards: - Serve as a neutral part,y in cases of alledged discrimination; - Attend training sessions to receive certification in no-fault grievance processing; - Maintain four members of the no-fault grievance committee who are certified in no-fault grievance processing; - Provide educational enrichment programing for the Fridley co�unity. The Fridley No-Fault Grievance Co�ission will be made up of inembers of th� Fridley Human Resources Co�ission and other citizens of Fridley who volunteer to serve and go through the necessary training. It should be noted that the worksharing agreement does not necessitate any monetary compensation by either party. It should also be noted that some years ago the cicy entered into a similar agreement with the IrIDHR. The Hepartment has been reorganized ia recent years, and they are updating their agreements with municipalities. I reco�end that the City Council authorize theCity Manager to ezecute the attached worksharing agreement. ,; -:�'4�E S°j�q�. y..••�„.� � �>� ,, p !'�ti" . ...,•�.� ;.,, �� . d �� : . .., : ��,�`''�1�t::; - ��; J : 1 I . Yf� / �.:.::>�;.:. ��l+��y±`� : , ' .� / � ---------------------------------------------------- A WORK5HARING AGREEMENT between Minnesota Department of Human Rights (MnDHR) and Local Human Rights Cotnnissions (HRCs) ---------------------------------------------------- ,� /� `ar purpose of maximizing the resolution of human rights concerns on the local level throughout the state, the Minnesota Department of Numan Rights and the locai Human Rights Commission with whom this agreement is made. �gr�e to perform the following tasks: ThP Minnesota Department Qf Human Riahts gil) perform t� followina: 1. The MnDHR wiil maintain a current list of local Human Rights C��mmissions or designee certified to take part in the No-Fault Grievance process, as a current list of local Commissioners or designee who are trained and certified to be active in the No-Fault Gr- i evance process. A Commission will be certified if it meets the following criteria: - It has gained initial authorization from its governing body. - It has maintai�ed a continuous minimum of three Commissioners or desi nee who are certified. -- It has at least one Commissioner or desiqnee who has upqraded training in the No-Fault Grievance process each year (i.e., become certified, or taken advanced training). - N:�s maintained a good record of fulfiliing the requirements of this worksharing agreement, as listed below. A Commission will be routinely reexamined for re-certification at three year intervals. A Cpmmissioner or designee will be certified upon cemplPtion of the No-Fault G�ievance training seminar and successful{y pass an e�:amination administered by MnDHR or its designee. �. The MnDHR will be responsible for the training of local Cortmissioners or designee for No-Fault Grievance process, by a, providing suitable trainers b. developing training cc�urses on two levels: basic and advanced c. producing suitabie and effective training materials. and d. scheduling and conducting training sessions on the two available levels at times and piaces reasonably co�venient to those who desire and need training AN EQUAL OPPORTUNITY EMPLOYER 500 &srrbr Tower, 7th Plaw and �Akr�e�ota S1roet. St. Paul. �Afnnesofs 5b101 (612j2�5883 or (900)862-97�T 5T d.�F S!�7T �1..`t�,�� : � .,, � �ti . ��:� -��;� �: iF...�. : � .I��`��.t � ,�.': �.. ��`� *ifJ58+�y� � �� I. —� r L �I A WORK5HARING AGREEMENT (cont.) Page #2 3. 4 1� In cases of ail charging parties that are No-Fault jurisdictional. • the MnDHR will encouraae them �Q take advanta4e of the No-Fault Grievance process alternative available to them. " Only these cases will be considered No-Fault jurisdictional: - the alleged incident is covered by MS 363 - it occurred within the geographical limits of a certified local HRC - it occurred within six months prior to filing and referral The MnDHR wi)1 be ready to provide easily accessible technical assistance to local HRCs as they Work with the No-fault Grievance process. S. The MnOHR will provide forms and standards by which local HRCs Will report their No-Fault Grievance process activities to the Department on � regular basis. 6. The MnDHR will assist local Cortmissions with public relations and educational activities to support and promote the No-Fault Grievance prucess. Tt�e local Human Riohts Commission will do thg followina: I. [t will obtain from its governing body authorization to take part in the No-Fault Grievance process, and submit a record of that authorization to the MnDHR. 2. it will maintain a contingent of Commissioners or designees Who are trained and certified as foilows: at least three certified on the basic level, and at least one each year who has upgraded training (either has become certified on the basic level, or, having already been certified, has taken an advanced course). 3. lt wili develop and maintain an effective structure for the processing of No-Fault Grievance cases. which will include the following specifics: A. Only certified Cortmissioners or designees wili be active in the No-Fault Grievance process. AN EQUAL OPPORTUNITY EMPLOYER 500 &smer Tow�►, 7th Piac� and INkneeota SUset, Si Paul. Minneaota 56101 (812)296-5663 or (800)652-97�7 5V �.. -� �� ,�.«� ��9 ' 'v � �.,, �,,� .�, :��•'. �,� .�' .� � . ��-:'-��:3 : �4: t-. . -�.--� _ . � `� �'_ �,' .��, - s � � :�, s.-�r`p� � *i��*' ''/ / � A WORKSNARING AGREEMENT (Cont.) Page #3 % // B. The local HRC will keep the MnDHR current regarding who are its active certified Commissioners or designees, who are the Corrmissiorers or designees to whom referrals should be made, and how such referrals should be made. C. The local HRC will accept appropriate referrals, and contact charging parties promptly. Still, the No-Fault Grievance process will be vol�untary for charging parties, respondents, and local HRCs. The local HRC especially has the option of non-involvement where a conflict of interest exists. D. Dealings with charging parties and respondents will be characterized by neutrality; the local HRC may educate persons about MS363, but will not comment on the individual merits of complaints. E. The local HRC will not actively investigate complaints while implement- ing the No-Fault Grievance process, and problem solving and complaint resolution will be stressed; fault finding and blaming will be avoided, and issue identification will be minimized. F. The local HRC will contact the MnDHR for technical assistance when needed. G. All parties will be apprised of the 300 day statute of limitations relative to filing a formal complaint with the MnDHR. The 1oca1 HRC should complete its work within a four month period or refer the case back to MnDHR. In special cases P�nDHR may grant an extension of the four month period. H. The local HRC will, on a regular basis, keep and submit to the MnDNR those reports and records specified by the MnDHR. AN EQUAL OPPORTUNITY EMPLOYER 500 &emst Taw�. 71t� PI�C� and IiAirx�MOrta Str�et. SL Psul. � 56101 (612) 296566.9 or (800) 662-974� 5V -;, :; � �s?'.l� , �..�• •..,........9. . tau,enr.,,., • � 4^ � k��J'y'.0 y�:•�°`'� ' J°�: �,�. ��> � � : J�� ;y,�*....:�� i�s. . ; � �� / � � -�� A WORKSHARING AGREEMENT (cont.) Page #4 Authorized 5ignature Title C�=�mmissiorer Linda �. Johnson MN State OPpartment of Human Rights Date Gity Date AN EQUAL OPPORTI.INITY EMPLOYER � 500 &emer Tower, �th Place and Minnesota Street, St. Paul. Minnesota 55101 (612)296-586:i a(800)6b2-9747 5W 5X PARKS & RECREATION CI ISSI� �EETING; OCTOBER�7;�1985�� PAGE 4 b. Fall Festival, SpringbrdQk Nature Center Dr. 8oudreau stated that d�spi,te bad weather cond�tions, i.t was a success- ful weekend, not as success ul as they had hoped and planned for, but it was a very rainy and cold w kend. A6out 600 people attended the two-day festival. A lot of activiti� had been planned and some of them were moved inside. The Volks Walk was he d despite the rain both Saturday and Sunday. The walk was successful, and t� people are looking forward to returning because they were very Fwppy wit'f� the course that was laid out for them. � Dr. Boudreau stated they are alrea making plans for next year`s fall festival. Programming will continu� He encouraged the Parks & Recrea±=on Commissioners to attend the next act�vity which will be on Halloween night. 2. NEIJ BUSINESS: a. Locke Park Entrance and Improvement Dr. Boudreau stated it was proposed some time ago that the County was going to come in and put a road system along Columbia Arena to Locke Park and there would be an additional parking lot. This would open Locke Park up for greater use, The County is now i"n a position to do that; however, Cit,y code requires curb and gutters. Since it is not tfie County`s policy to place curbs and gutters within their parkways and parking lots, they are willinG to install curbs and gutters if the City of Fridley will consider providing $10,000 towards the total cost of the curbs and qutters. Dr. Boudreau stated the City is willing to contribute $14,000, but he wanted to bring this to the Commission`s attention so they were aware of it. He thought curbs and gutters would make a much nicer looking road and parking lot. Ne would encourage the Corranission to urge the City Council to spend the $10,000. MOTION BY MR. ALLEN, SECONDED BY MR. NELSON, TO REQUEST TXE CITY COUNCIL TO CONSIDER PROVIDING SZ0,000 OUT OF PARK FUNDS FOR CURBS AND GUTTERS FOR THE ENTRANCE AND PARKING FACILITIES IN LOCICE PARIC. UPON A VOICE VOTE� ALL V4TING AYE� YICE-CIIAIRPERSON SCFIREINER DECLARED TKE MOTION CARRIED UNANIMOUSLY. b. Ice Locations\1985-86 Dr. Boudreau sta ed the Comnfission Fiad a li,st of the proposed ice areas and hockey rink 1 ations for 1985-86. He stated one addition was Plymouth Square Park as a g eral rink because of a request by a councilman in the� area. If the Comnis 'on wished to reduce tf�e general workload for the maintenance staff, iie uld recommend tf�ey take out tfie general rink at Locke Park. There are t hockey rinks tfiere, and fie did not tf�ink the general rink has been used very much. If there are complaints, they can put the ice down. � ` CI TY O� f RJ DLEY o�AECTQRATE OF PUBLIC WORKS MEMpqANDUM MEMO T0: Nasim Qureshi,,Citq Manager FRON: Joha Flora, Public iiorks Director SUBJECT: LOCKE PARR DATE � CODE: 11/13/85 Pii 85-350 5Y � • o° °a � �o � --- ---, �=_ a � ��, ` �. /�� , �� .1� '� . We had a meeting vith Dave Torkildson of the Anoka County Park Department regardiag the improvements proposed by the County in Locke Park. Some residents have raised a coacern about the entraaae, roadway and parkiag lot being constructed by the County. In apr memorandum dated 9/17/85 I provided you the plans proposed to De accomplisbed by the Couaty Public Works Department. Since that time a number of changes have been approved. 1. They are increasing the size oP the parking lot a� qou enter the park from 71st by ten additional spaces on the east of the horseshoe pits area that has been reconfigured to a single row of horseshoe pits. 2. The second parking lot as you enter the park has beea shortened four spaces in order to save the existing trees. 3. The third parking lot has been eliminated. 4. The existing parking lot will be shortened so as not to interfere With the support leg of the NSP porrer line. 5. The easterly portion of the existing parking lot will be either removed or reconfigured to provide for a vehicle turn around. Location of the horseshoe pits has been completed. Rough grading for the entrance road has started. Depending on the weather the surPacing could be completed this year, but most probably xill not be coIDpleted until next Spring. This will inelude the concrete ourbing around the perimeter around the road and parking areas and asphalt paving and stripping. !!r. Torkildson also raised 9ome coneera about the City�a participation in funding for tbe concrete curbing. The item had been previously submitted to the Council and sent to Park and Reereation Commission for reviex. Park aad Rec. has since concurred With the Anoka County Plan and recommended that the Council flind �10,000 for the curb vork being placed in the park in order to satisfy City Code. This item xill be included ia the November 18 agenda as the Planning Commission has revieaed the minutea and approved them. JGF:jmo ��' �°� � •_�♦< ,r��rc>ka C'nu�rty �,�4� �NE s° �ep�r��Tre�� af �ar��s � �ecre�i�vf1 David L. Torki/dson, Driector 550 Bunker Lake B/vd. - Anoka, Minnesota 55303 Te/ephone 612 - 757-3920 September 10, 1985 Mr. John Flora Public Works Director City of Fridley 6431 University Avenue Fridley, Minnesota 55432 Dear John: As per our conversation relating to the Locke Park development of roadways and parking lots to serve both the park users and the trail users, I would like to suggest the following. Since it is not a County policy to place curb and gutters within our parkways and parking lots, and since the City of Fridley has requested us to do so in Locke Park, and since the development of said parkway and parking lots will allow the City of Fridley to close down the existing entrance road to the park from 73rd, and since the closing of said road will allow for the expansion of the industrial property located on the north side of the railroad tracks, and since the cost for curb and gutter will increase the total project costs and place a burden on the County funds that are available for this project, I would ask that the City Council consider providing $10,000 towards the .total cost of the curb and gutter being requested by the City for Locke Park. Attached is an estimate from the architect for the total cost of the blacktop, curb and gutter and a copy of a preliminary plan for said project. Thank you for your consideration in this matter, and for a response to my request as soon as possible. We letting bi�ds for this project by the end of September fully complete the project before the cold weather. any further questions, please feel free to call me. DLT:je cc: Commissioner Commissioner Commissioner Commissioner Sincerely, I would ask will be and hope- If you have �..�' �.��.-� David L. Torkildson Director of Parks and Recreation Anoka County, D!innesota Paul McCarron Nick Cenaiko Albert Rordiak Robert Burman 5Z PATCH ERICKSON MADSON WA�EN, I NC. architects and planners 2730 Ne�ada A�enue '�orth MinneapOGc !�1\ 5;42� (612► 593-St06 September 6, 1985 Rice Creek Trail West Estimate Loch Park Orives and Parking Area Lineal feet of curb l. Precast curb installed 12,000' @ $4.00 la. Poured in place curb and gutter 12,000' @ �6.50 2. Paving Surface 140.000 square feet 3" blacktap 6" blass 5 base �1.00/sq. ft. Grading 3. 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' • . �' � � �_,i:•;.. �;� �-� ��'�.� .^ 1 � ', � r ` a •. . �,� ,' � ' = �w . .��:� �1,��' , �t> � `� ,. �:.k� � �"�7 . . �v �� i� ; ` �. r � f �• • I �. . . � �. t� , , , ,. , �• .� .� � �� - ,�o, . 1-:� � : � �J � _ j � �• � ', a � 1 � • • � � � � ,.� . • � � '. , � 1''� . . � r �� . ! � � �:� 5CC CITY OF FRIDLEY EALS COFif•1ISSIOt� Cr'�1,L TO ORDER: � E•1GER 10, 1935 Chai rson Gabel called the Decer�tier 10, 19a5, Ap�eals Commission neeting to orderr a�7:30 p.m. ROLL C�LL: 14ei�bers Presen • Pat Gabel, Alex Barna, Jin Plemel, Donald Betzold t4eiabers Absent: an Gerou Otl�ers Present: Dar 1 Clark, Citv of Fridlev Denni Forcelle, 7645 Baker Street N.E. APPROVAL OF �IOVEt4QER 12, 193�, APPEALS COf�IFtISSION t411�UTE5: '!O^.ION BY MR. BET20LD, SF.CONDED �R. PLEMEL, TO APPROVE THE �7QYEMBER 12, i985, APPEAL: C06iMISSI017 MINUTES AS WRI N. UPON A VOICE VOTE, ALL VOTING AYE, CNA�2PERSON GABEL DECLARED THE NOTION CARRIED UNAIVIMOUSLY. � 1. COf�SIDERATIOt� OF A VARIA��CE RE'�UEST PUR AriT TO CIIAPTFR 205 OF Tf�E FRIDLCY ITY OD REDUCE THE SETBACK OF A CU I��G FROfI H COUN ARY LI�J _ A S DEI�TIAL D STRICT FROPt FEET TO ' FE OIJ LOT aL0 ��AG L� L OODLAtlDS, TNE SAI4E BEI(JG 0 BAKER STREET , Request y Dennis orcelle, G 6aker Street fl. ., Fri ey, t•in. 3 MOTIOIJ BY 1lR. BETZOLD, SECONDED BY 1�2. PLEl�EL� TO EN THE PUBLIC XEARIIIG. UPON A VOICE VOTF., ALL VOTING AYE, CXAIRPERSON GABEL CLARED '.'HE PUBLIC KEARING OPEN AT 7:31 P.M. Chairperson Gabel read the Adiministrative Staff Report: r1Di�tIt�ISTRATIVE STAFF REPORT 7601 Baker Street t�.E. A. PUBLIC PURPOSE SERVED BY REQUIREh�NT: Section 205.17.3D.4d requires that whenever any industrial district is adjacent to ar adjoins any other district, permitted buildings and uses, except automobile parking and loading spaces. drive++ays, essential services, walks and planting spaces shall not be closer to the boundary line of a residential district than fifty (50) feet. Public purpose served by this requirement is to provide adequate open space around cormiercial structures for aesthetic and development reasons. 5DD APPEALS C014t4IS5I0�J I•tEETItJG, DECQI3ER 10, 1�35 PAGE 2 B. STATED HARDSHIP: "lSnable to build a functional building within required setback restrictions." C. AD��tI�IISTP.ATIVE STAFF REVIEIJ: This lot is 100 feet ►��ide. The required sideyard setbacks total 65 feet (15 f eet on north and 50 feet on the south adjacent to the mobile home lot). This onl_r leaves 35 feet of buildable width. The �etitioner feels ti�at a 35 foot wide structure would not be econonical]y feasible also not ver.i functional for their pro�osed use. If the south 15 feet is purposely used for screening it should provide for an anple districi separation; tf�erefore, if the Board recormends apF�roval, the Staff reconr�ends the Board stipulate that the petitioner work with staff to establish a proper use of the south 15 feet for screening purposes. ��r. Clark showed the Corunissioners an aerial photo of the property. He stated the property was sandwiched between the mobile hone park to the south and the existing industrial use (Top Tool) to the north. There was no r�ore land available ta he incorporated into this lot. Mr. Clark stated t1r. Dennis Forcelle is President of RMS Company which owns the building next door to Top Tool on tf�e north, so there is one parcel separating the present facility and this lot where they are proposing to build the ne�� bui lding. 14r. Clark stated the Planning Depart�nent has talke� to lir. Forcelle about the 15 ft. planting strip. They have tentativel;� agreed to plant evergreens or soinethiny that will fit in t!►ere to properly screen the i�dustrial f ron the residential mobile home park, Mr. Clark stated the building would be basically a block structure with face brick on the front f acing 8aker St. The south elevation and possibly the north elevation will have different kinds of block in order to nake the building more aesthetically attractive than a plain block wall. Mr. Forcelle stated they are trying to find sone expansion room for their C& C Departr�ent (Canputer Control nachines). The real difficulty they have with the 35 ft. requirement is it takes about 36 ft. to put the nachines into the building, parallel with the front af the building. It was the only way they can lay out the building with that footage to get enough machines in the building to make it worthwhile to build the building. �dr. Forcelle stated the presently employ 85-90 people at their present location. Because of a contract they are tentatively entering into with a customer, they intend to add equipment capacity and en�loy an additional 30-35 people. They canot enter into the agreement with the customer until the customer is satisfied of R�4S' ability to expand to meet the capacity the customer requires. 5EE APPEALS C014�4ISSION t�EETIt�G. DECEMBER 10, 1985 PAGE 3 Ms. Gabel asked about noise. Mr. Forcelle stated there ��iill be no noise. This building is conpletely sealed up. Their present building which operates 20 hrs. a day has no noise whatso- ever outside. ' Mr. Forcelle stated this is a small parts business--50% of the itens they na��ufacture are implantable in the h�nan body such as pacer►akers. The type of itera they are talking about manufacturing in the ne�•� building was high density electro-connectors that are used in aircraft. He stated this was a substantial op��ortunity for his company and for the City as far as increased a�ployment. Ms. Gabel asked about truck traffic. Mr. Forcelle stated there is very little truck traffic--possibly one,or two trucks a week. They are a labor i�tensive operation. 14r. Betzold asked if R►1S originally ormed the whole lot area and then sold part of it to Top Tool. Mr. Forcelle stated that was correct. At that tiMe, they did not foresee this type of yrowth with their cor� any and also at the time Top Tool bought the lot, Top Tool gave every indication they would purchase and expand into this propert;/. That is not going to happen na�. Ftr. Forcelle stated they have looked at various possibilities for their business, and econonicall�► it was more feasible for then to stay in this area and build on this lot. � Mr. Forcelle stated they definitely want the screening fron the nobile home lot and have no problem with working soinething out with city staff. Mr. Clark stated to give the Conmissioners a little history about this area, the tr ailer park was zoned industrial and p�atted as such a long time ago. Then the trailer park expanded, taking part of the industrial property. The trailer park was then rezoned to R-4. So, the nobile home park actually expanded into the industrial property. MOTION BY MR. PLEMEL� SECONDED BY XR. BARNA, TO CLOSF. TXF, PUBLIC NEARIl7G. UPON A Vl�ICE VOTE, ALL VOTZNG AYE, CHAIRPERSOI� GABEL DECLARED THE PUBLIC HF.ARING CIASED AT 7:45 P.H. Mr. Plemel stated he had no objection to the v ariance. It was a nice business to have in Fridley. Mr. Barna stated he felt the intent of the law was being maintained. A variance oF 10 ft. was a reasonable request. The petitioner was willing to work on the landscaping. He had no problem with the v ariance as requested. PEALS C014�1ISSION t4EETI 2. n�cFMaER 10. 19a5 PAGE 5FF Mr. Betzold stated he was always happy to see an undeveloped piece of land be put to use b� an existing business. His original thinking was that the hardship was sonewhat self-created, because R14S originally created this parti- cular sized lot when they sold off to Top Tool. Now they are asking for a variance ►vhich really has nothing to do with the size af the land; it is more far the machines they want to put in the building which may or may not be there five years from now. Mr. Betzold stated that T�1r. Clark had pointed out that a variance probablv , would not have been needed if the mobile home park had not expanded into � tl�e industrial property. I�e stated he was not totally convinced, but wouid go along ►�ith the variance. Ms. G abel stated she did not think the history of the ar ea was not pertinent to the question. One thiny that concerned her was this lot was only 100 f t. wide. It was not a very big lot, and it was zoned industrial. At some point in tir�ie, this :ot would be developed, and it was her guess that anything that would go in there would require a variance. They are better off to recog- nize the hardship RitS has and have it tied to something that is existing than have it be developed into sonething they might not have any control over. Sl�e stated she did understand t•1r. Qetzold's point, but she felt RP1S did have a valid hardship in that they need the equipment and a building this size. MO:"IOf7 BY ifR. PLEf�EL, SECONDED BY 1lR. BARNA, TO RECOMMEND T10 CITY COUNCIL APPROVdL OF A VARIAIJCE RE�UFST PURSUANT TO CHAPTER 205 OF TNE FRIDLEY CITI' CODE TO REDUCE THE SETBACK OF A BUILDING FROM THE BOUNDARY LINE OF A RESIDEN2IAL DIS;KICT FROM. 50 FEET TO 40 FEET ON LOT 8� BLOCR 1, NAGEL'S 6100DLANDS, THE SAl4E BEII�G 7601 BAKER S:'REET N.E., WITH THE STIPULATION THAT THE PF.TITIONER WORK WITH STAFF TD ESTABLISH A PROPER USE OF THE,SDUTH 15 FT. FOR SCREENING PURPOSES. UPO?7 A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTIDN CARRIED UNANIMDUSLY. CTIOtI OF WEN CHAIRPFRSO"1: Ms. Gabe ated that she has accepted the appointnent to be Chairperson of the planning .ission, making it necessary for her to resign as Chairperson of the Appeals Co ' sion. Chairperson Gabel declare nominations open f or chairperson. Mr. �arna nominated Don Betzold for irperson of the Appeals Commission. Hearing no other nominations, Chairperson G declared the naninations closed. yOTION BY MR. PLEMEL, SECONDED BY MR. BARNA, TO CAST IIyOUS BALLOT FOR DDI7ALD BETZOLD AS CHAIRPERSON OF THE APPEAIS COMINISSION. iJpQN A VOICE V0='�� 1iLL VOTIN6 AYE, CHAIRPERSON GABEL DECLARED TIIE CARRIED UNANIMOUSLY. � i"�MD �: Appeals Qoamission i��bers l�EI�D F�tOM: Jim Rob�inson, Planning Coordi�tor� I�EI�D D�TE: Deoanber 5, 1985 Ii�ARDING : 7�6 Ol Baker Street N. E. , 5GG Mr. Dennis Fbrcelle of Ri�LS Inc. is requesting a varianoe for a side yard �etback. Due to time aonstraint he has asked that Appeals act on it on December 10 and send it on to Council on December 16 prior to Planning Canmission review. He case is outlined in his attacfied letter. I discussed this request with the Planning Commission at their December 4, 1985 meeting. Zt�ey are rot objectionat�le to this a�urse � actian. Based on thei r aomaents I would re�annend this iten go to O��cil on December 16, 1985. ' JL�/sk M-85-155 November 27, 1985 Mr. Jim Robinson Fridley City Planner City of Fridley G�31 University Avenue Fridley, NIIV 55432 Dear Mr. Robinson: Thank you for meeting With us to discuss the variance that will be required in order to build a suitable building on our lot at 76th and Baker Street. Please submit our request for side set back variance from 50 to 40 at the December 10, 1985 Appeals Commission meeting. The set back variance is required to allow us to efficiently position our equipment in the building for maximum use. The addition of this equipment will lead to the adding of 20 to 30 new employees. The urgency of the re- quest is caused by a contractual agreement we are entering into with a major new customer that demands that we react irtmediately. As ground im- provement is necessary to build on the property, it is essential that construction begin imr�ediately to allow us to keep our cortmittment to our customer. We intend to do everything within our pover to react to this customer to bring the work to Minnesota. We ask that the Appeals Cortmission request that the city council revieu and approves the variance request at their meeting of December 16, 1985. Be:aLSe of our tight time schedule, lack of imnediate approval will require that We loak for lease spa�e elsewhere which will cause a costly inconvenience in our manufacturing process. If additional infoL-mation is required, please contact me. Sincerely, RMS COMPAI��Y �i o,,,,....�. ��c' Dennis Forcelle President DF:cal enc. 5100 filing check 5HH AMS COMPANY •'764� BAKEA ST. N.E.. MINNEAPOLIS. MiNN.'55432 • TEL. 766-1520 AREA CODE 612 �.J UU 1....-�L�. �� I t Z ..° ; Y I ; �3 � r / � .' i . � v6r�i ance tceq. �, � � �-7 --�-� �i "�"- -�IE•--�IE = � ""' "��'- -� • • � � � ! ` �' ' 9� '� 5 1 f a . o) . w000cRES r � �4'° q`° � _ + •� � . , . ?, 1 � • . •�� ' i � �: � � • • I�! �LFA/ Td R Y�� v .:: �. .. ' A Di �6 TH MVE. ME� H l � �1 �i - W � �S � !'►s26� � '1st `Tszo� s �sot �sod ' � T� TH AVE. NE � � «. ��o � Z �4, r � 3� ,.6� _ � I 1.:, ,.<<--.:' 7� p.__.r��. . ... 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' � �^^^I� p�O�C�,f,f�C C i'�'� �y � ^n C^� Cn�Cf^^�� o^�tr c c ..'�'..�� ..^o�o � c�o ,_.... � „ .. . ..^e _n�c�°o�c o�cr n��c+ � ^^'' _ _ ..^c°o°o� ° ��..',.�r r �+ .,,c� - -„ rOr^Crr^CCnr..'p^n I'�-, ��. �c __c�p�o,.��n000c�°,o�o Y. *t ^ ^OF�^^ ° = °°°o �°n°°eo°o°�°. �t•-- _•_ '� � � r�c� v �.7K�. :� . -�. r ^ c �^�. �-� p n r / �^„c�^ oc000�o��o�oo . c^^ co^co( „000 � ^..�^ r� ^�._ .. ..�.. �� o o„c �� _ • : r' - ^°^�^ �°^°� - ' • „� .�..�^ � .�:.- - - _ �, �� 'o o'o .,� - O �^oo�ooe�o� ,.°�-e��^� ,.�^cp^�� e„o�',°�^ - c ��,�� _ :_„-..',...�� --- : � �. Yar I Q111.0 n�yuc� � 7601 Baker St. pennis Forcelle RaRK: . 5J J ht %//%.► �*` A.�� a/ Q Z ��r M: f•hFSOT4 n �1— � _ � _ r�- s� � `- --� � L 'o �'�s ,� � .�� ' f -, �'' � i .� _ � ,,� �"� �', � j' :. • r . 0 � � � •- � � �;.� �' E t..�'. C � . • Q '-=�-�"� �- � , �..�-�, �,,�� , ,� . �• -� �. � .r+ . �'� •�2`'�'E f.' ,�. ' � ; , Q i ;' �-�`� a t ' � , , , � 'c'' - r ; . \ ' ` � i + ` � � � •N . � � . ,�E-, �`'. v� � � J _ � r• E'� . �= r" `f- •"" � - . t � �t Y � � � / % ,' � 1 �• • { Q' ' r� .. .... .... �'�i .G.`_ .... .. .._. .- il � ' 1� • � . *`• . • . ..t .. . . �RAVSf / ii�.. _ _ E A � 1 � ++k: r� �. r- . � �- ' _ C..� « f...a- . �.t.. . t _ . _.. ' : ' t;,�r: "�- � � '. � � r, :� � �--- — - ---- • - . ._,,. _;.., � t� ;� , -�-- � ; , ----1>Z _ RI� �oao . \ 1 � ,�` • � .� `�� \ I `�_"-'. `—. �_�—�_= j , � � f � � 7601^Baker St. ` Dennis Forcelle 5KK t CfTYOF f RIDLEY T0: FROM: oiAECTOa�aTE oF PuB��c woRres MEMO:aANDUM � John Flora,�ublic Works Director Mark Burch, Asst. Pub. Wks. Director SUBJECT: RESULTS OF BID LETTING FOR WATER AND SANITARY SEWER PROJEC7 #160 PW85-369 DATE: December 10, 1985 We received bids at 11:00 a. m. this morning for Water and Sanitary Sewer Project #160. This project will provide water and sanitary sewer facilities for the proposed residential development at Riverwood Park and the proposed commercial development at Viron Road and Osborne Road. There were 18 planholders for this project of which 11 submitted bids. The low bidder is Civil Structures from Saginaw, Minnesota with a bid of $98,358.00. We feel this is a very competitive bid and recommend the City Council award the contract for Water and Sanitary Sewer Project #160 to Civil Structures for $98,358.00. MB:ch � W ATER & SANI TARY SEWER PROJECT #160 BID OPENING: TUESDAY, OECENBER 10, 1985 at 11:00 a. m. PLANHOLDER BOND BID Civil Structures Saginaw, .. 5� S 98,358,00 Mq�{ 55779 C. W. Houle 1300 Mest County Road I St. Paul, Ml 55112 5X 5104,265.20 Encon Utiltties 1530 East Cliff Road Burnsville. MN 55337 5% $105,317.25 H8H Construction, Inc. 17545 6th St. N. E. Anoka, t�d 55304 5% ' 5105,833.50 American Contracting Corp. 11661 Eagle Street N. E. Coon Rapids, MN 55433 5ro 5106,089.17 Dawson Construction, Inc. 540 Greenhaven Road Anoka, MN 55303 5� $109,955.00 Bonine Excavating, Inc. 12636 Main Street Rogers, MN 55374 5% �112,975.15 Frattalone Excavating 3066 Spruce Street Little Canada, MN 55117 5% $117,426.38 Lake Area Utility Contracting, Inc 6995 20th Avenue Hugo, MN 55038 . 5% �123,079.25 Crossings, Inc. P. 0. Box 10 Prior Lake, MN 55372 5� $125,288.00 Hydrocon, Inc. 6ox 129 North Branch, MI�! 55056 ACG, Inc. 587 SW Ist New Brighton, MN 55112 Arcon Construction Co.. Inc. 903 East Forest, P. 0. Sox 57 Mora, MN 55051 � __._ ____ 5� 5205,185.00 NO BID NO BID 6A . NITARY SEWER PROJECT �160 sB BID OPENING: TUESDAY, DECEMBER 10, 1985 at 11:00 a. m. PLANHOLDER BOND SID Barbarossa 8 Sons, Inc. P. 0. Box 367 Osseo, MN 55369 �- NO BIO Lametti & Sons, Inc. 16028 Forest Blvd. No. P. 0. Box 375 NO 6ID 0 & P Contracting, Inc. Box 506 Osseo, MN 55369 NO BID S. J. Louis Construction R. R. 4, P. 0. Box 5180 St. Cloud, MN 56302 . NO BID Water Products Co. 15801 West 78th Street Eden Prairie, MN 55344 NO BID � 0 0 «w4� . • �• �� MEhORANDOM 'l�Ols PiAS31�1 M. 4Q�I► C�M l�ANA�R !i�'i: RIQt PR��, A�,TIl� FI,NAN� DIItEQ�QR �Q: CZVIC Q�R I�kUI8I58II�1G PROJECT DA�: s DE�IrBER 10, 1985 Rt�e fallawing is an analysis of the funding method that could be used for acoomplishing the Civic denter Rehab Project. 7he pcoject would include the entire refurbishing of City Hall, included but not limitec3 to carpeting, wall treatment, additional partitions, associated hanging desks and chairs (that go with the partitions), the purchase of associat�ed deoorative material such as plant�ers, any int�ernal reconstruction o� walls, repair the roof anr3 the alley, and any other neaessary repairs. �Y,e first Fhase o� the project is to establish a Capital Laprovement Project flind outside of the Genera7. Fund to accomplish this prooess. In order to establish that fund, it would require an action by the City Council to transfer the rieaessary f�mds fran various souroes prior to the beginning of the project. Baaed on the estimates that we currently have fran the Polioe Department renodeling and based on previous oonversations we have had with the City O�uncil, it is my �derstanding that t�i�e budget for this project will be approximately $500,000. Previously, the City Oouncil had be9un tiie prooess of allocating funds for this type o� project. Within the General FUnd, they have set up a reaervation o� fu�d balanoe for replaoement of Fixed Assets which currently stands at approximately $1,000,000. Additionally, within ti'ie CaPital ImProvenent Fund, the City O�uncil has established another reservation of fund balanoe for future reglaaement of Fi�aed Assets anc7 it stands at approximately $1,500,000. 4herefore, it w�ould be my re��ndation that the City Council authorize the transfer of $250,000 from the reservation in the General Fund and an additional $250,000 fran the reservation of the Capital Improvement Fund to begin the project. �e f i rst step, the ref ore, attac�ed resolution. Please attad�ed resolution to begin I�:sh Attadment 3/OJ�j2 would be for the City Council to approve the review the material I have given you and the the prooess. ? �ii�I�i N0. — 1985 A RF.SCi,IT��J ESTABLISHIl�IG R9E CIVIC CENZER OONSTIZDCTION PRQ7ECT AND THE R�tANSFER OF $250,000 FROM THE GPITAL �HVATION OF FOAD BAL�AN�, At�ID $250.000 FRQ�I �(�'�ff.RAL FOI�ID RESERVATION OF FOI�ID BALANCE FOR FI7�D ASS�'T �A.A�NEI� W�AS, the Civic Oenter af the City c� Fridley was built in 1966, and W�ER�S, the physical structure � City Hall is in need of oertain types of rega.irs and refurbishing, and W�REAS, the City has been allocating money over the years to prepare for this; � N�, �IEREFOF�, H'E IT RE.SQ�VID, the City Council does hereby establish the Civic oenter Gbnstruction Project, and BE IT FURTHER RESQI.VED, the City of Fridley authorizes the transfer of $250,000 frcm the Ger�eral F�u�d Reservation of Ftu�d Balanoe for the Replaoement o� Fi�aed Assets to that F1�nd. BE IT FURTHER RESC�.VED, that the City Council authorizes a transfer of $250,000 fran tiye Capital Impravment Reservation of Fund Balanoe for Fixed Asset Replaoement. ARS.SED AAID AD4P!'F.D BY T� QTY �JNQL G�' 7� QTY OF FRIIY.EY �LS �AY OF , 1985. MAYOR — WII�,IAM J. PEE P,TI£ST: ACTII� QTY Q�£.RR — RIQiARD D. PR�� va�4 7A BND/columbia9 Draft 12/9/85A CERTIFICATION OF MINUTES RELATING TO COMMERCIAL DEVELOPMENT REVENUE BONDS (COLUMBIA PARK PROPERTIES PROJECT) Issuer: City of Fridley, Minnesota Governing Body: City Council Kind, date, time and place of ineeting: A regular meeting, held on December , 1985, at o'clock p.m. at the City Hall. Members present: Members absent: Documents Attached: RESOLUTION NO. 85- RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS (COLUMBIA PARK PROPERTIES PROJECT), OF THE CITY, FOR THE PURPOSE OF FINANCING A PROJECT, AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS I, the undersigned, being duly qualified and acting City Clerk of the City of Fridley, Minnesota, certify that the documents attached hereto, as described above, have been carefully compared with the original records in my legal custody, from which they have been transcribed; that such documents are a correct and complete transcript of the minutes of a meeting of the governing body of the City, and correct and complete copies of all resolutions and other actions taken and or all documents approved by the governing body at said meeting, so far as they relate to the above obligations; and that such meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such City Clerk this day of December, 1985. City Clerk (SEAL) � 8A Councilmember introduced the follow- ing resolution and move its a option: A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF SERIES 1985 COMMERCIAL DEVELOPMENT REVENUE BONDS (COLUMBIA PARK PROPERTIES PROJECT), AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS. Resolution No. WHEREAS, the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 (the "Act"), authorizes the City of Fridley (the "Issuer") to issue revenue obligations for the purposes specified therein and for the financing of eligible projecks thereunder; and WHEREAS, COLUMBIA PARK PROPERTIES, a Minnesota partnership (the "Company"j, has proposed to acquire, con- struct and install a medical office and parking ramp facility (the "Project"� in the City of Fridley, to be owned by the Company, and the Issuer desires to assist the financing of the Project upon the terms and conditions specified in the Act and the Agreement (as hereinafter defined) by the issuance of revenue obligations; and WHEREAS, the Issuer proposes to enter into an Indenture of Trust, dated as of December 1, 1985 (the "Indenture"), with First Trust Company, Inc. (the "Trustee"), to provide, among other things, for the issuance by the Issuer of its $ Commercial Development Revenue Bonds (Columbia Park Properties Project) Series 1985 (the "Honds"); WHEREAS, the Issuer and the Company propose to enter into a Loan Agreement, dated as of December 1, 1985 (the "Agreement"), to provide, among other things, for the loan of the proceeds of the Bonds to the Company to be used to finance the Project; and WHEREAS, Miller & Schroeder Financial, Inc., Minne- apolis, Minnesota (the "Original Purchaser"), proposes to purchase the Bonds, under a Bond Purchase Agreement between the Original Purchaser, the Company and the Issuer (the "Hond Purchase Agreement"); and a Private Placement Offering Memorandum offering the Bonds has been presented for authorization of distribution (the "Memorandum"); and WHEREAS, copies of the proposed Agreemeat, Indenture, Bond Purchase Agreement, and Memorandum have been placed on file in the offices of the Issuer. - 2 - � NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as follows: Section 1. The City Council hereby finds that the Proj- ect is a"project," as defined in the Act, that the issuance of the Bonds for the Project will promote the purposes of the Act and that the issuance of the Bonds and the execution and delivery of the Agreement and the Indenture will serve the interests of the Issuer. Section 2. The City Council further finds, based upon representations of the Company, that but for the availability of tax-exempt financing the Company would not have undertaken the Project. Section 3. For the purpose of assisting the financing of the Pro�ect, there is hereby authorized the issuance, sale and delivery of the Bonds. The Bonds shall be issued in fully registered form, shall be in such denominations, shall bear interest, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to matur- ity, shall be in such form and shall have such other details and provisions as are prescribed by the Indenture and agreed upon by the Company and the Original Purchaser. Section 4. The Bonds are authorized to be issued, but only as special and limited obligations of the Issuer, pay- able solely from the revenues provided for in the In- denture. Otherwise, the Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory or provision, shall not constitute or give rise to any pecuniary liability of the Issuer, any charge against the Issuer's full faith and credit or taxing powers or any charge, lien or encumbrance, legal or equitable, upon any funds or other assets of the Issuer. Section 5. The Mayor and City Manager are hereby authorized the Issuer to execute and deliver the Bond Purchase Agreement, the Indenture and the Agreement. All of the provisions of the Bond Purchase Agreement, the Indenture and the Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of exe�ution and delivery thereof. The Bond Purchase Agree- ment, the Indenture and the Agreement shall be substantially in the form on file in the offices of the Issuer with such necessary and appropriate variations, omissions and inser- tions as permitted or required by such documents or as the Mayor and City Manager, with the advice of bond counsel for the Bonds, O'Connor & Hannan, shall determine, as evidenced by such execution thereof. - 3 - � Section 6. The Bonds are hereby authorized to be exe- cute y the manual or facsimile signatures of the Mayor and City Manager of the Agency as specified in the form of the Bonds contained in the Indenture, such Bonds to be n►anually authenticated by the Trustee as provided in the Indenture. Section 7. All covenants, stipulations, obligations and agreements o� the Issuer contained in this resolution and in the Bond Purchase Agreement, the Indenture and the Agreement shall be deemed to be the covenants, stipulations, obliga- tions and agreements of the Issuer to the full extent autho- rized or permitted by law, and all such covenants, stipula- tions, obligations and agreements shall be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Issuer or the City Council by the provisions of this resolution, the Bond Purchase Agree- ment, the Indenture and the Agreement shall be exercised or performed by the Issuer or by such members of the City Council or by such officers, board, body or agency thereof as may be required by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the Bond Purchase Agreement, the Indenture or the Agreement shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council or any officer, agent or employee of the Issuer in that person's individual capacity, and neither the City Council nor any officer executing the Bonds shall be liable personally on the Bonds or be subject to any personal lia- bility or accountability by reason of the issuance thereof. Section 8. In case any one or more of the provisions of this resolution, the Bond Purchase Agreement, the Indenture, the Agreement or any of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, the Bond Purchase Agreement, the Indenture, the Agreement or the Bonds, but this resolution, the Bond Pur- chase Agreement, the Indenture, the Agreement and the Bonds shall be construed as if such illegal or invalid provision had not been contained therein. Section 9. The Bonds shall contain a.recital that the Bonds are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Honds and the regularity of the issuance thereof. Section 10. The officers of the Issuer, attorneys, engineers and other agents or employees of the Issuer are - 4 - �� hereby authorized to do all acts and things required of them by or in connection with this resolution, the Bond Purchase Agreement, the Indenture and the Agreement for the full, punctual and complete performance of all the terms, cove- nants and agreements contained in the Bonds, the Bond Pur- chase Agreement, the Indenture. the Agreement and this reso- lution, including without limitation the execution and de- livery of all supplementary certificates and documents necessary or advisable in connection with the issuance of the Bonds. Section 11. The Trustee is hereby designated as the paying, authenticating and transfer agent and registrar for the Bonds, all as provided in the Indenture. Section 12. The Mayor and City Manager of the Issuer are hereby designated and authorized to act on behalf of the Issuer as Issuer Representative under the Agreement. Section 13. The Issuer hereby authorizes the distribu- tion o the Memorandum prepared for the Bonds by the Original Purchaser in connection with the sale of the Bonds; however, the Issuer has not reviewed the Memorandum and assumes no responsibility for the accuracy or completeness thereof, or otherwise. Section 14. By this resolution the City Council and each member individually certifies that no allocation of private activity bonding authority (within the meaning of the Tax Reform Act of 1984, and Treasury Regulations there- under) was made in consideration of any bribe, gift, gratuity or direct or indirect contribution to any political campaign. Adopted: December _, 1985 Attest: City Clerk Approved: Mayor - 5- - City Manager �: � 8E The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and, upon vote being taken thereon, the following voted in favor thereof : and the following voted against or abstained: whereupon said resolution was declared duly passed and adopted. �� ,,e��` � _, :�.'. �"o�,� r , . POLICE DEPARTMENT Ci�y of Fridisy Minnesote DATE DECEMBER 11, 1985 FROM PUBLIC SAFETY DIRECTOR, J.P.HI SUBJECT 1986 LABOR AGREEMENT MEMORANDUM TO NASIM QURESHI Enclosed is the 1986 Police Labor Agreement that has been signed by the Police Union and submitted to Council for approval consideration. The significant changes in the 1986 Labor Agreement over the 1985 Labor Agreement is as follows: 1. An increase in wages of 4.5$ 2. An increase in insurance of $10 from 5155 per month to 5165 per month. 3. An increase in investigator pay of S10 from $90 per month to $100 per month. 4. 1� increase in minimum court time pay from two hours to three hours for officers who are required to appear in court within eight hours of completing their shift between 3:00 AM and �:00 AM. JPH/sa � INFO X A RESOLUTION APPROVING AND ADTHORIZING SIGNING THE � �STPiB�LISAII� �AF�II� CAI�DITIO[ZS� i�G�SS 1� �IIiS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE � DF�Ait'lMIIJr FbR ZSE YEAR 1986 i�REAS, the Law �force�nent Labor Servioes, Inc. as bargaining representative of the Police Officers of the City of Fridley, has presented to the Ca�ncil of the City of Fridley various requests relating to the w�rking conditions, wages and hours of Police Offioers of the Polioe Deparbnent of the City of Fridley; and WF�S� the City of Fridley has presented various requests to the Union and to the e�loyees relating to working conditions, wages and hours of Police Officers of the Polioe Department of the City of Frildey; and WE�tFAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WI�tEA.S, agree�nent has naw been reached between the representatives of the two parties on the proposed changes in the existing contract between the City and the Union; ar�d NOW, THEREFORE, BE IT RESOLVID that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached A�greement (Exhibit "A") relating to working conditions, wages and hours of Polioe Offioers of the City of Fridley. PASSID ADID ADOP'1'ID BY TiiE CITY �LINCIL OF 'I�iE CITY OF FRIDLEY THIS 16TH DAY OF DDC�, 1986. AT!'F.ST: WII�LIAM J. NEE - MAYI�R RIQ�11HI� D. PRIBYIrA�.'TING CITY Q�ERIC 1 9A �. EXHIBIT "A" IABQEt AQ2EE1KfNr HE�IEET] T� CITY OF' FRIDLEY �II�D LAW FI�'ORCf3+iFNT I�,BOR SF�tVICF�, II�1C. 1986 �' �i I II III IV V � VII VIII IX X XI XII XIII XN XV XVI XVII XVIII XIX XX �I lIXII �QCIII �; :� - �_ ��.,IYy.l4.� Pi� AktPOSE�' AC�2F�TT . . . . . . . . . . . . . . . . . . . . 1 RDOOC�dITION . . . . . . . . . . . . . . . . . . . . . . . . 1 DEFIIJITIONS . . . . . . . . . . . . . . . . . . . . . . . . 1 �'IrOYER SDCIIRITY . . . . . . . . . . . . . . . . . . . . . 2 FI�+lPLOYER Aiit'IiORITY . . . . . . . . . . . . . . . . . . . . . 2 UtJION SF)CLktITY . . . . . . . . . . . . . . . . . . . . . . . 3 II�'lAYEE RIC�IPS — QtI�VAA]GE PROCF�(lRE . . . . . . . . . . . 3 SAVIIaGSC7�IJSE . . . . . . . . . . . . . . . . . . . . . . . 5 SENIORITY. . . . . . . . . . . . . . . . . . . . . . . . . 5 DISC I PLINE . . . . . . . . . . . . . . . . . . . . . . . . . 6 �'TI'I�JTIOI�L P'R(yI'DC'TION . . . . . . . . . . . . . . . . . 7 W�RR 9C�JI�E.S . . . . . . . . . . . . . . . . . . . . . . . 7 Wf�TIME . . . . . . . . . . . . . . . . . . . . . . . . . 7 (Xl[JRT TDr1E . . . . . . . . . . . . . . . . . . . . . . . . . 7 C��I.L BAQC TD�IE . . . . . . . . . . . . . . . . . . . . . . . 8 SeARRIr1G O[tT OF Q�1.SSIFICATION . . . . . . . . . . . . . . . 8 INS�RAIJCE . . . . . . . . . . . . . . . . . . . . . . . . . 8 STAI�IDBY PAY . . . . . . . . . . . . . . . . . . . . . . . . 8 UIJIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . 8 P.O.S.T. Z��AINZI�IG . . . . . . . . . . . . . . . . . . . . . 8 IANGE�TITY At�ID F�UCATi0t3AL II�1CIIJr'NE . . . . . . . . . . . . 8 WA�GE RATFS . . . . . . . . . . . . . . . . . . . . . . . . . 9 LDC'�L, DEE'FZVSE . . . . . . . . . . . . . . . . . . . . . . .10 9C . � TABLE OF C�TI'EI�TI'S (Ca'►tiflt�edi � P� �ociv �s oF srar�a�u� . . . . . . . . . . . . . . . . . . . . . �e lIXV PROBAiTIO�F�RY PgtItmS . . . . . . . . . . . . . . . . . . . .10 7QNIAidI�L LEAVE . . . . . . . . . . . . . . . . . . . . . . . .10 IOMIHO�,ID��YS . . . . . . . . . . . . . . . . . . . . . . . . .12 �IXVIII SfDRT TE�+1 DISABILITY . . . . . . . . . . . . . . . . . . .12 )IXIX FC1IJ£RPS.� PAY . . . . . . . . . . . . . . . . . . . . . . . .13 X}QC Jik2Y PAY . . . . . . . . . . . . . . . . . . . . . . . . .13 XX�CI ��PEIISAT�RY TIME . . . . . . . . . . . . . . . . . . . . .13 }DIXII FI�'I�OYEE IDUC�,TION PROGEi�M . . . . . . . . . . . . . . . . .13 JIXXIII PAY FOR INVES'TIGATUR.S OR DETDCTIVF.S . . . . . . . . . . . .14 �IXXN H�1S CASE N0.85-PN-486 A, ISSI� 8 . . . . . . . . . . . . . .14 IOCXVi�VER . . . . . . . . . . . . . . . . . . . . . . . . .14 X?�CVI DURATION . . . . . . . . . . . . . . . . . . . . . . . . .14 � IABOIt A�E�lIIJ� B�E,Z�lF�1 CITY OF FRIDLEy AI�D LAW II�O�RCII�lF�TP IABOR SIItVICES► INC. 1hR'PICTE I PORP'06E �' AQtEFIri� This A�III�i' is entered into as of December 16, 1985 between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the LAW ENFORCEMENT LABOR SIItVICES, INC. , hereinafter cal led the LlNION. It is the int�t anc7 purpose of this AC�'iF�TT to: 1.1 Establish procedures for the resolution of disputes concerning this A�'lIIJ!"S interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of enployment for the duration of this AGRE�. ARTIQ�E II RD�TITION 2.1 The EMPLOYF1t recognizes the i3NI0N as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all police personnel in the follaaing job classifications: 1. Police Officer 2. Police Corporal 2.2 In the event the EMPIAYER and the L�IION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICI�E III DEFII�lITIONS 3.1 SfiiQn Law �force�nent Labor Services, Inc. 3. 2 itnistn MP� r A member of the Law E�forcement Labor Services, Inc. 3.3 �1oyi,� A member of the exclusively recognized bargaining unit. 3.4 � frwn The Fridley Folice Department 3.5 $�l� 1 The city of Frialey 3.6 shi�f 9F Tt�e Public Safety Director of the Fridley Police Depart�aent. ,� .,� �� - Officer elected or appointed by the Law F�forcement Labor Services, Inc. � - .,. • /�.- ;K .- An e�nployee specifically assigned or classified by the EMPLOYER to the job classification and/or job position of INVESTIGAZnR/DETFX.'TNE. 3.9 [�Prtimp Work perforn�ed at the express suthorization of the �P'IDYER in excess of the e�loyee's scheduled shift. % � :,• _,• `1� A aonsecutive work period including rest breaks and a lunch break. 3.11 Rest 8reaks Perials during the 9Cf�DULm SHIFT during which the �loyee remains on continual duty ar�d is responsible for assigned duties. 3.12 Lunch Break A period during the 9CHIDULE� SHIFT during which the es�loyee remains on oontinual duty and is responsible for assigned duties. 3.13 �� Concerted action in failing to report for duty, the willful absence fram one's position, the stop�page of w�ork, slow-doMm, or abstinence in whole or in part fran the full, faithful and proper perfornance of the duties of enployment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or abligations of employment. •� « :, i• • �+• �� t• TY�e DNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, garticipate in or support any strike, slow-clo�wn or other interruption of or interference with the normal. functions of the �LaYER. r�r�czE v �� ur�o�rrsr 5.1 The �t�OYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipnent; to establish functions and progrmns; to set and ame� budgets; to determine the utilization of teclv�ology; to establish and modify the organizational structure; to 2 G'i`� select, direct, and determir►e the nu�ber of personnelF to establish r+ork schedules, and to perform any inherent managerial function not specifically limited by this ��iiNNr. 5.2 Any term and condition of e�loyment not specifica�lly established or toodified by this AGRE�II�TT shall reaain solely within the discretion of the DK'PtiOYFR to modify, establish, or eliminate. �lRTICLE VI [�lION SBQAtIZY 6.1 The EMPiO�YER shall deduct fram the �sges of e�loyees who authorize such a deduction in ariting an annunt necessary to oover monthly UNION dues. Such ironies shall be remittea as directed by the UNION. 6.2 The t)NION may designate e�loyees fran the bargaining unit to act as a steward and an alternate and shall inform the i�lPLOYER in writing of such choice ar�d changes in the position of steward and/or alternate. 6.3 The alPLOYER shall make space available on the emQloyee bulletin board for costira LiNlON notice(s) and announcement(8). 6.4 The UNION agrees and all clains, the EMPLOYER a II�L07f'.it urxier to indennify and hold the �'I�OYER harmless against any suits, orders, or judc�nents brought or issued against s a result of any action taken or not taken by the the provisions of this Article. •� � � i• • � • r• r• r • ••� �� 1 - �,- � .,� . - � � A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AiQtIDriII1I'. �� •� :-. - -� - The D�'LD�YF.R Will recognize REPRFSDJTATIVFS designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION R�RF�IIITATIVES ar�d of their successors When so designated as provided by Section 6.2 of this AGEtF�iII1T. . - �, . -r. - It is recognized arx] �ccepted by the UNION and the H4PLOYER that the processing of grievances as hereinafter prwided is lfmited by the job duties ar�d responsibilities of the EMPLOYEES and shall therefore be accanplished during nornal working h�urs only vhen ooi'�sistent with such �oxeE a�i� a�a responsibilities. The aggrieved Fr1PL0YEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time �rithout loss in pay when a grievance is investigated and presented to the II+�LOYER during nornial �rkirg hourspr wided that the iI'�LOYEE and the t�TIpr1 RF.PRFSII�ATIVE have notified and received the approval of the `c? 9H designated supervisor who has determined that such abse�ce is reasonable and would not be detrimental to the �rozk pragrmas of the II�iPLOYER• 7.4 $��uZg Grievances, as defined Dy Section 7.1, shall be resolvea in conformance With the follawing prxedure: � -. An F�IPLOYEE claiming a violation concerning the interpretation or application of this AC�tF�iF�Tr shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the FrIPLOYEE'S supervisor as designated by the EMPLOYER. The D�'1AYEFt-designated representativ�e will discuss and qive an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 sYiall be placed in writing setting forth the nature of the grievance, the facts an which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, a�nd shall be appealed to Step 2 Within ten (10} calendar days after the D+�PLDYER-designnted representative's final ans�►er in Step l. Any grievance not appealed in writing to Step 2 by the UKION Within ten (10) calendar days shall be considered waived. � If appealed, the written grievance shall be presented by the UNION and discussed with the D�PLOYER-designated Step 2 representative. The D�iOYER- designated representative shall give the LINION the EMPLOYER'S answer in wziting within ten (10) calendar days after receipt of such Step 2 qrievance. A grievance not resolved in Step 2 may be appealed to Step 3 Within ten (10) calendar days follvwing the f�1PL0YER-designated representative's final ans�wer in Step 2. Any grievance not appealed in Writing to Step 3 by the [)NIoN within ten (18) calendar days shall be oonsidered waiv�ed. � -. A grievance unresolv�ed in Step 2 and appealed to Step 3 by the UNION shall be submitted to arbitration subject to the provisions of the Public F�nployment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the •Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Hoard. ��5 Arhitrator's Au ritv a. The arbitrator shall have no right to amend, modify, nullify, ic,�ore, add to, or subtract fran the ter�as and conditions of this 1K�tIDriFNP. The arbitrator shall consider and decide only the specific issue(s) submitted in Writing by the 0+1PLOYER and the t�ICN, an8 shall have no authority to make a decision on any other issue not so submitted. b. �e arbitrator shall be without pvWer to make decisions oo�trary to, or inconsistent with, or sadifying ot varying in any way the application of laws, rules, or regulations having the force and 4 effect of law. The arbitrator's decision shall be submitted in writing Within thirty (30) c3ays following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on b�th the EMPiAYER and the UNION and shall be basec] solely on the arbitrator's interpretation or application of the express terms of this A�1II�I' and to the facts of the grievance presentea. c. Tt�e fees and expenses for the arbitrator's services and proceedings shall be borne equally by the i7�+�i�ER and the UNION provided that each party shall be responsible for compensating its own representatives and witresses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proc:eedin9s the o�st shall be shared equally. 7.6 ie$iYeL If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the FMP'iiOYER cbes not answer � grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreenent of the i7�'ilJY�t and the LRJION in each step. � . . : - �� - .►� If, as a result of the written EMPLOYER response in Step 2, the grievance remains unresolved, and if the grievance invo�ves the suspension, demotion, ot discharge of an enployee who has car�pleted the reguired probationary period, the grievance may be appealed eithec to Step 3 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Dr�loyment. If app�ealed to any procedure other than Step 3 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 3 of Article VII. The aggrieved employee shall ir�dicate in �rriting which procedure is to be utilized (Step 3 of Article VII or another appeal procedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved e�layee fram making a subsequent appeal through Step 3 of Article VII. ARTItZ.E VIII SAVI2�S �?.ADSE �is A�QtEat]StT is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any provision of this !l�GRE�lENT shall be held to be contrary to laW by a court of competent jurisdiction fram whose final judgment or decree no appeal has been taken vithin the time provided, such provisions shall be voided. All other pravisions of this Ac�tF.E�tENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of efther party. �t�TICI.E DC SIIIIORIiY �� 91 � 9.1 Seniority shall be determined by the employee's lenqth of continuous employment with the Police Department and posted in an nppropriate location. Se�iority rosters may be maintained by the Chief on the basis of time in grade ard time within specific classifications. 9.2 During the probationary periad, a nea►ly hired or rehired eq�loyee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a praroted or reassiqned employee may be replaced in his previous postion at the sole discretion of the D�T�O�YER• 9.3 A reduction of work force will be accomplished on the basis of seniority. i�ployees shall be recalled from layoff on the basis of seniority. An e+mployee on layoff shall have an opportunity to return to Work within t�ro years of the time of his layoff before any new employee is hired. 9.4 Senior e�loyees will be given preference With regard to transfer, job classification assignments and promotions when the job-relevant qualifications of e�layees are equal. 9.5 Senior qualified �playees shall be given shift assignments preference after eighteen (18) months of oontinuous full-time enployment. 9.6 One continuous vacation period shall be selected on the basis of seniority until May lst of each calendar year. ARTIQ,E X DI9CIPLII� 10.1 The EI�'t�OYER will discipline e�loyees for just cause only. Discipline will be in one or �rore of the following forms: a. oral reprinand; b. written reprimand; c. susperLSion; d. c�emotion; or e. discharge. 18.2 Suspensions, demotions and discharges Will be in wzitten form. 18.3 Written reprinands, notices of suspension, and notices of discharge which are to becane part of i+n enployee's personnel file shall be read ar�d acknawledged by signature of the er�loyee. i�nployees and the UNION will receive a oopy of such reprinarxis anc�/or notices. 18.4 D�ployees ntiay examine their own individual personnel files at reasonable times urtider the direct supervision af the D�'I�OYER• 1l.S Discharges will be preceded by a five (5� day suspension without pay• 1�.6 Employees will �ot be questioned concerning an investigation of disciplinary action unless the e�loyee i�as been 9iven an aPPortunity to t�ave a ilNION representative present at such questioning. 18.7 Grievanoes relating to this 1�RTI(I.E si�a11 be initiated by the UNION in Step 2 of the grievance procedure urder 1�irticle VII. C� 9K �cz.e xx aowri�vrio�w �arDC.�ats Doployees shall have the rights granted to all citizens by the United States and Miru�esota State Constitutions. ARTIQ.E XII i�Etlt 9�UI�ES lZ.l The nornal wrk year is an average forty (48) hour Work week for full time e�loyees to be acoounted for by each eiployee through: a. hours�worked on assigned shifts; b. holidays; c. assiqned training; d. authorized leave titae. 12.2 Holidays and authorized leave time is to be calculatec3 on the basis of the actual length of time of the assi�ed shifts. 12.3 Nothing oontained in this or any other Article Bhall be interpreted to be a guarantee of a minimm� or maximIIn ntmber of hours the DKPLOYER may assi� eo�loyees. ARTICZ.E XIII OV�'IME 13.1 F�nployees will be caapensated at one and one-half (1-1/2) times the e�ployee's regulnr base pay rate for hours worked in excess of the e�loyee's regularly scheduled shift. Changes of shifts do not qualify an e�loyee foc overtime under this Article. 13.2 O�rertime will be distributed as equally as practicable. �3.3 Overtime refused by e�loyees will for record purposes under Article 13.2 be considered as unpaid avertime worked. 13.4 For the purpose of computing overtime campensation overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 O�ertime will be calculated to the nearest fifteen (15) minutes. 13.6 i5nployees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the e�Ioyee from so working. 11RTICI.E YlV �O�tT TII� An enplayee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of two (2) hours' pay at one �r�d one-half (1 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearanoe does not qualify the employee for the two (2) hour minimum. An escQlayee who is required to appear in court within eiqht (8) taurs of aompleting his regularly scheduled shift between 3:58 a.m., and 9:88 a.m., shall receive a minimum of three (3) hours pay at cne and on�half (1 3/2) times the employee's base pa�y rate 7 9L �c=.E xv c�. s�ac � An enployee who is called to duty during his scheduled off-duty time shall receive a mininurn of two (2) hours' pnY at one and one-half (1-�/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour �fnimtBn. �RTIQ.E XVI �CII� WT OF QASSIFICATIQ�I �+Qioyees assigned by the DKPZDYF.R to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assigrnnent. ARTIQ.E XVII �N.St�i�N(� The D�'i�'JYER will ocntribute up to a maximan of one-hundred-sixty-five dollars (5165.80) per month per e�layee toward henith, life and long-term disability insurance. ARTIQ,E XVIII STArDBY PP►Y D�loyees required by the D�'iO�YER to standby shall be paid for such standby time at the rate of one hour's pe►y for each hour on stan�y. �►ATI(I.E X.D� tI�IIP'QFi[�S The FI�'IAYF.R shall provide required uniform and equipment ite�. 1�RTI(I.E aIX Pi06T 1liAII�TII�IG The City shall assign training at City expense for Police Officers to camplete �8 hours of P.O.S.T. Board approved education during each three year licensing pericd. AR'rICi.E �OCI LC�1G�IRTY �►t�D �UCAZ'Iat�AI. II�TTIVE Effective July l, 1978, the following tenos and conditions are effective: 21.1 After four (4) years of oontinuous �plo�m�ent each e�loyee shall choose to be paid three percent (38) of the employee's base rate or supplementary pay basea on educational credits as outlined in 21.6 of this ARTICZE. 21.2 After eight (8) years of continuous employment each employee shall choose to be paid supplementary pay of five percent (5$) of the e�loyee's base rate or supplenentary pay ba.sed cn educational credits as outlined in 21.6 of this 1�I'ICZE. Z1.3 After twelv�e (12) years of continuous employment each employee shall choose to be paid supplementary pay of seven percent (7$) of the e�layee's base rate or supplenentary pny basea on educational credits as outlined in 21.6 of this AR'I'ICI.E. 21.4 After sixteen (16) years of v�ntinuous employment each employee shall choose to be paid supplementary pay of nine percent (9$) of the 8 9M enployee's base rate or supplemPntary pay based on educational credits as outlined in 21.6 of this ARTICZ.E. 21.5 i�mployees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) m�nths. ?1�6 Supplenentary pay based on eaucational credits will be pnid to employees after twelve (12) m�nths of oontinuous e�ploym�ent at the rate of : �r3ucational Cr�its stated in terrt�s of college quarter credits 45 - 89 98 - 134 135 - 179 160 or uere Percentage Pay increment 3$ S� 78 9$ Not all courses are to be eligible for credit. Courses receiving qualifying credits ��* be iab re ated. (Thus, a 4 year degree is II�t automatically 160 credits -- or a 2 year certificate is not autamatically 90 credits.) Job-related courses plus those formally required to entec such courses shall be counted. If Principles of Psychology (6 credits) is required before taking Psychology of Police Work (3 credits), campletion of these oourses would yield a total of 11 qualifying credits, C.E.U.'s (Continuing Fducation Units) in job-related seninars, short courses, institutes, etc. shall also be counted. The p�PLOYF'.R shall determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-378-A. ARTIt7�E �OCII i�GE RATFS 22.1 Tfie follawing wage rates Will apply for 1986: Start . . . . . . . . . . . . . . . . . . . 51,667 After Six Months . . . . . . . . . . . . . 1,794 After One Year . . . . . . . . . . . . . . 2,850 After 2�,io Years . . . . . . . . . . . . . . 2,386 After 1l�uee Years . . . . . . . . . . . . . 2,562 22.2 i�mployees classified or assigned by the F�IPLOYER to the following job classifications or positions will receive one hundred dollars (5100.00) per month or one hurxired dollars (5100.80) pro-rated for less than a full m�nth in addition to their regular wage rate: Investigator iaetective) School Liai.son Officer Juvenile Offioer Dog 8an�ler Para4nedic 22.3 Dtployees classified by the F!�'tAYIIt to the followir�g job classification will receive one-hundred-ten dollars (5118.80) per month or E � one-hundred-te� dollars (110.08� prcrrated for less ti�an a full m�nth in addition to their regular �,rage rate: . .. .l , :�Y � " .�, ? , � r�}il'�� ?3.1 Employees involved in litigation because of proven �egligence, or non-observance, or non-abservance of laws, or of a personal nature, may not receive legal defense by the municipality. 23.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising fran acts performed within the scope of his enplo�yment, when such act is performed in good faith and under direct order of his supervisor, shall be reimbursed for attorney's fees and court costs actually incurred by such employee in defending against such charge. 23.3 The City of Fridley will provide protection for all officers and Patrolmen ngainst false arrest chnrges. ARTIQE IOCN I�6S OF 5'FZdIO�ItTTY 24.1 Dr�loyees shall lose their eeniority for the follaaing reasons: a. Discharge, if not reversed. b. Resignation. c. tA�excused failure to return to �rork after expiration of a vacation or formal leave of absence. Events beyond the control of the employee wrhich prevent the enployee fram returning to work will not cause loss of seniority. a. Reti renent. « . •..: . •. • �• .., A1l newly hired or rehired employees will serve a tWel ve (12) months probationary period. ARTI CS�E ?�RTI �II�II]AI� LF1s►VE 25.1 Each enplayee shall be entitled to annual leave away f rom employment with pay. Annual leave may be used for scheduled or energency absences fran e�loyment. Annual leave pay shall be camputed at the regular rate of pay to which such an e�loyee is entitled; provided, however, that the amount of any can�ensation shall be reduced by the pnyment received by the emplayee fram �rorkers' oart�pensation insurance, Public bnployees Retirement Association disability insurance, or Social Security disability insurance. An eiployee's acc�nulation of annual leave will be reduced only by the azrount of annual leave for whiah the employee received comp�ensation. 25.2 Seniority shall apply on scheduled annual leave up to May lst of each year. After May lst, scheduled annual leave shall be an a f irst came, 18 9N first serve basis. . � 25.3 A beginning enplayee shall accrue annual leave at the rate of eighteen (18} days per year for the first seven (7) years (84 sucoessive n�nths). l,r, employee Who has �rked seven (7) years (84 successive mo�ths) shall accrue annual leave at the rate of tWenty-four (24) days per year, beginning with the eighty-fifth (65th) m�nth of successive enq�loyment. r,n en�loyee r�i�o has worked fifteen (15) years (180 successfve months) shall accrue annual leave at the rate of t,aenty-six (26) d�ys per year, beginning with the one hundred eighty- first (161st) month of consecutive enployment. Tfiese rates are based on a forty hour regular work week. The actual mnount credited to nn e�layee in any given pey period shall be prorated acoording to the actual number of regular hours worked during that pay period. Bours Worked on overtime, callback, or stanc�y shall not enter into the calculation of the accrual of annual leave. 25.4 For an enployee hired on or after January 1, 1984: The maxim�n total acc►anulation of annual leave at the end of �+ny given year shall be thirty (38) days. Once a year, at a time designated by the City, an employee who has completed seven (7) years of service with the City will have the opportunity to exchange up to three (3) days of acctanulated annual leave for cash. At the same time, an er�loyee who has car�leted fifteen (15) y�ears of service with the City will have the opportunity to exchange up to f ive days of acctanulated annual leave for cash. 25.5 For an erployee hired before January 1, 1984: Vacation accrued but unused as of December 31, 1983 shall be converted to anrsual leave at the rate of one (1) day annual leave for one {1) day of vacation. A�ccrued but unused sick leave as of December 31, 1983 shall be converted to annual leave according to the follvwing schedule. a. lst 45 days @ l day of annual leave for 1 day af sick leave b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave c. Renaindez @ 1 dey of annual leave for 3 days of sick leave In lieu of severanve pay, one hour cf annual leave shall be credited for each full m4nth of en�loyment up to a maximun of two hundred forty f240) i�ours. The total amount of annual leave credited to the enployee's balance as of January 1, 1984 shall be equal to accrued but unused vacation plus accrued but unused sick leave cornrerted acoordir�g to the formula above plus the am�unt in lieu of severence pay. If upon conversion to the annual leave plan an erQloyee's accumulation of annual leave exceeds thirty (38) days, that amount shall be the maximan total acc;tiaaulation (cap) for that employee at the end of any eubsequent year. Onoe a year, at a time desic�atec3 by the City, an ec�layee will have the opportunity to exchar�ge up to five (5) days of accunulatec7 aruival leave 11 for cash. . . In eddition, onoe a year at a time desic�ated by the City, an employee with an acc�anulation of annual leave in excess of thirty (38) days will have the opportunity to exchange up to fiv�e (5) days o� annual leave for cash. Such an exchange shall reduce the maximum total acciunulation (cap) of an er�loyee by an equal vrount. 25.6 Opon separation fram e�loyment with the City, an e�ployee Will be paid one (1) day's salary for each day of accrued aruwal leave remaining in the enployee's bnlar�ce. . :�Y « .�.�/ : � ��,� Dtplayees will receive eleven (11) holidays. In addition, e�loyees, sha11 be pnid at one and one-half (1 lj2) times their base rate of pay for all hours worked on eleven (11) City designated holidays. ARTIQ�E IQNTiI SE�tT TQiM DIS�►BILITY 28.1 Each enployee who has sucaessfully oan�leted the e�loyee's probationary period shall be eligible for short term disability benefit. Such an enployee sha11 be entitled to full pay commencing on the twenty-first (21st) consecutive w�orking day on vhich the enployee is absent due to a phyician-oertified illness or injury �rhether on or off the job, and oontinuing until the enployee returns to a�ork able to carry out the full duties and responsibilities of the e�loyee's position or through the one hun3red and tenth (llBth) working c3ay of absence, whichever occurs first; provided, hawever, that the alrount of any compensation shall be reduced by any payment received by the disabled esnployee from workers' compensation insurance, Public Employees Retirement�Association disability insurance► or Social Security disability insurance. Payment of short term disability benefit by the City to an employee shall not exceed ninety (98} Working days for any single illness or injury, regardless of the number and sgacing of episodes. The annual leave balance of an er�loyee receivirig short term disability benefit shall not be zeduced, nor shall such employee accrue nnnual leave during that period. 26.2 Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive from an e�loyee Who has been absent more than tWenty (20) working days in succession a certificate signed by a competent physician or other medical attendant oertifying to the fact that the entire absence was, in fact, due to the illness or fnjury and not otherwise. The City also reserves the right to have an examination made at any time of any �loyee claiming payment ur�der the short term disa.bility benefit. Such examination nay be made on beha�f of the City by any aompetent person desic�ated by the City �rhen the City deems the same to be reasonably necessary to verify the i1L�ess or injury claimed. ' 28.3 If an employee hired before January 1, 1984 has receivea payments under the injury-�o�-duty provisions of previous oontracts, the nu�ber of days fot sriiich payment was received will be deducted fran the n�anber of days of eligibility for ooverage umder s�ort term disability for that eame 12 . ' injury. ARTICZE XXDC Pt1NIIi1�i. PAY Fta�eral leave will be granted to full time em�layees up to a aaximm► of three days. i1u►eral leave is granted in case of c3eaths occuring in the inanediate faanily. For this purpose i�►ediate family is considered to be a spouse, child, parent, grandparent, brother or sister, monther-in-law and father-in-law. ARTIQ,E 700C JIA�i PAY It shall be ur�derstood and agreed that the City shall pay all regular full time employees serving on artiy jury the clifference in salary between jnry pay and his regular salary or pay vhile in such servioe. ARTIC7�E )OOCI �'iI�LSA7"�Ot TII� Managanent reserves the right to apprave campensatory time in lieu of wertime pay, Compensatory time shall not be acctrnulated in excess of twenty-four (24) hours, and must be used within the calendas year in Which it was accumulated as determined by the en+�loyer. �►RTICI.E )DQCII @g'I�UYLE IDUGTIQ�I PI�Qt�IP! 32.1 T'he City will pay oertain expenses for oertain education courses based on the follo�ring criteria. a. Z�e training course must have relevance to the employees' present or anticipated career responsibilities. Attendance shall be at a City appraved institution. The course must be approved by the Department Head. b. Financial assist�nce Will be extended only to o�urses offered by an accredited institution. This includes vocational schools, Minnesota School of 8usiness, et,c. 32.2 Progra� Financial Policy Financial assistanoe will be extended to cover only the cost of tuition. Charges for books, student union membership, student health coverage and other charges for which the student receives sane item or services other than actual instruction will not be paid. The City will pay 50$ of the oost o�f tuition fn advance of the e�loyee's actual participation in the course and the eaployee shall pay SB8 of the cost. Upon successful car�letian of the c�urse. an e�lcYee will be required to present to his Defaarbnent Head a oertification of satisfactory v+ork. Satisfactory w�ork is defined as follows: a. In oourses issuing a letter grade, a C or nbove is required. b. In oourses issuing a n�anerical grade, 7g8 or abave is required. c. In courses not issuing a grade, a certification fraa the instructor that the student satisfactorily participated in the activities of � the oourse is required. 32.3 If the Employee satisfactorily completes the course, he will be reimbursed for the additional 58$ of the tuition cost for which he cbligated hin�elf in the apprw�ed application. If the e�layee fails to satisfactorily oamplete the course, he Will not be rei�abursed.� 32.4 The progra�n will not reimb�use the e�loyee for the hours he spends in class, only for the tuitian. 32.5 Ezpenses for Which the employee is compensated under some other educational or assistance program, such as the GI bill, will not be oovered. 32.6 Zt�e City will not pay tuition or other oosts for those courses which are used to make the e�loyee eligible for additio�al snlary. �►RTItI.E )00(III PAY FC�t II1VES1'IGAiORS at DETDCTIVES D�layees receiving the one hundred dollars (S180.80) per month differential pay shall not be eligible for the overtime provisions of the contract applicable to Police Officers. NtTI(I,E �OCIV B+LS CASE I�.85-PN-466 A, I&SIJE 8 34.1 Tt�e language regarding this article will be implemented based on the awarded and/or at�+y clarification issued by the arbitrator as w�ell as any decision which may arise fran an appeal. The parties agree that all other articles of the contract will be i�lemented as of the date of execution irrespective of the status of the claification. AR1'ICI.E �QQCV W�►IVIIt 35.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsiste�t with the pravisions of this AGREF�IENT� are hereby superseded. 35.2 The parties mutually acknowledge that during the negotiations which resulted in this A(�tF�1FNT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of em�ployment not removed by law from bargaining. All agreements and urxierstandings arrived at by the parties are set forth in Writing in this AGREDyENT for the stipulated duration of this AGREEMENT. The D�'ipYER and the L�lION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of e�layment referred to or oovered in this K�Ei�1ENT or with respect to any term or cnrxiition of employment not specifically teferred to or oovered by this AC�tEF�tII1!', even tt�ough such ternis or oonditions may not have been within the knowledge or oonte�lation of either or both of the parties at the time this oontract was negotiated or executed. •� . .. . ��• .� 14 . • 9S This A�II1T sha11 be effective as of January 1, 1986, and shall remain in full force and effectiv�e until the thirty-f irst day of December, 1986. In witness whereof, the parties hereto have executed this AGRE�Tr on this 16th day of December 1986. •� « . •�� . �/illimn J. Nee, Mayor Nasim M. Qureshi, City Manager -�,' � i•.• r� i� :�• }• ��. � / / . ' � F�� t�,,o�E` . POLICE DEPARTMENT � ` � � ', City of Fridley �°"`� Minnesota Y�� DATE DECEMBER 12, 1985 � FROM p�LIC SAFETY DIRECTOR, J.P.H L SUBJECT 1986 ANIMAL CONTROL CONTRACT MEMORANDUM TO NASIM QURESHI 10 ACTION INFO X The City of Fridley animal control contract with Minnesota Animal Patrol Service, Inc., will expire December 31, 1985. As has been our practice in the last several years, we did not utilize the formal bid process for this professional service. We did, however, request proposals from all known local animal control services in the area. Proposals were received from Minnesota Animal Patrol Services, Inc., Midwest Animal Services, Inc., Lake Animal Care, and from Linda Kadlec who provides animal control services for the City of Champlin. The price quotes to the proposed agreements are enclosed with this memorandum. After reviewing the enclosed proposals and considering continuity of service, it appears prudent that we continue to have Minnesota Animal Patrol Service', Inc., provide service to our city in 1986. The single highest cost item over which we have control in the animal control contracts consists of scheduled patrol service. Minnesota Animal Patrol Service, Inc. quotes a rate of 516.00 per hour. Lake Animal Care quotes a price of $17.00 per hour, Midwest Animal Services, Inc., quotes a price of 519.00 an hour, and Liada Kadlec quotes a price of 514.00 an hour. It should be noted that in the Kadlek quote there is a$75.00 per month administrative fee. In addition, a separate billing would be received from a private animal hospital for unknown rates which would require additional city administrative processing. In reviewing these various proposals and talking to representatives of the companies, it became evident that they all have some positive and negative factors as animal control organizations. It is our ultimate hope that the Anoka County successful in becoming operational within the providing animal control services. Until that recommendation that we continue with Minnesota by approving their proposed 1986 contract. It have a thirty (30) day cancellation period in complications arise we are free to cancel the of the other proposals. JPH/sa Humane Society will be next year including time, it is my Animal Patrol Services, Inc. should be noted that we the contract so should contract and look at one 10A MII�IIJF.90TA NAIMAL PATi�L SQtVICE. INC. � • •• •�• •• This agreenent made this 16th day of Dersnber by and between Minnesota Animal Patrol Service, Inc., a Minnesota Corporation, hereinafter referred to as "Caitractor" and the City of Fridley. a Municipal Corporation located in the County of Anoka, and the State of Minnesota, hereinafter referred to as City, witnesseth: In consideration of the covenants and ngreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. This agreer�ent shall be effective as of January 1, 1986 and shall continue in effect until December 31, 1986 unless cancelled pursuant to Paragraph 16. 2. Contractor agrees to patrol the public street of the City in a vehicle especially designed for the transportation of small animals, in accordance with a schedule agreed upon by both parties. 3. Contractor agrees that patrolling shall be done by competent personnel trained in the handling of animals, and that such employees shall be appraved by the City Manager at the City's request. F�iployees shall be authorized by the City to apprehend and retain dogs, cats, and other animals, which are in violation of the City Ordinance. However, Contract will not invade the private property contrary to the wishes of the owner of said property nor forcibly take an animal from any person without the appraval ana assistance of a regul.�r officer of the City. 4. In addition to the regular hours of patrolling referred to, Contractor agrees to maintain one (1) vehicle for stancmy service to attend to cases outside regular patrol hours at the specific request of the City's Police Department. 5. Contractor represents and agrees that all animals inpounded shall be kept at Contractor housed at 10911 Radisson Rd. N.E., Blaine, !QI and Contractor agrees and warrants that all animals impounded shall be kept in a camfortable aryd htanane mannet for a period required by the City Ordinance. Contractor agrees that the pound facilities shall be open and available to recalirr� animals fram 8:00 a.m. to 7:00 p.m. Mondays through Saturdays, and fram 1:00 p.m. to 5:00 p.m. on Sundays. Reclaim of animals on holidays shall be by pre-azrangement only. 6. l�t the time that an animal impounded under this contract is reclaimed, Contractor or its agent shall collect the impounding fee and boarding chazges as pravided by City Ordinance. Contractor shall furnish monthly reports to the City as required as to the service or services rendered in connection with each animal impair��d. All inQounding fees, license fees and any other penalty fees collectec] by Contractor or its agent shall be remitted to the City. ive 7. In the event an animal i�oundec7 and boarded by order of the City Health Officer or placed under quarantine by ruling of the State Board of Nealth, said animal shall be boarded as required by said order or ruling. At the eM7 of such period, the City releases all of its interests, right and control over said animals which may then be disposec] of at the discretion of Contractor. In the event that any dogs, catss, or other impounded animals are unclaimed after five (5) days, they shall become the property of Contract and may be disposed of or sold at their discretion. All proceeds from the disposition of such animals may be retained by Contractor, including any proceeds received from any aninals disposed of in accordance to Minnesota Statutes 35.71. 8. The City shall furnish to Contractor all license forms, pourxi receipts and license tags as specified in the Ordinance and Contractor shall keep records of all animals i.nq�ounded together with a description of the same. 9. Contractor shall furnish all vehicles with two way radios and/or other ca��unication equipment and agrees to service arxi maintain said equipnent. 18. Upon request, Contractor shall provide to the City proof of public liability insurance including comprehensive automobile liability in an amount of at least $100,000 per each clainant and $300,000 per occurrence. 11. Contractor agrees that during the period of this contract it will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, or ancestry and will include a similar provision in all subcontracts entered into for the perfornance hereof. This paragraph is inserted in this contract to comply with the provisions of Minnesota Statutes 181.59. 12. �e City agrees to pay Contrctor for services in the performance of this contract as follaws: a. IQ/C Base fee for Administrative Services (per month). b. $16.00 Price per hour per ambulance for furnishing Patrol Ambulance for scheduled patrol, tactual time in service for the City). c. $ 5.50 Price for each 24 hours or fraction thereof for boarding any species of aninals im�a�nded bY direction of City officials or local ordinance. d. $ 7.50 Price per animal for destroying dogs or cats. e. $16.@0 Price per hour per ambulance for service during other than scheduled or regular �►�orking hours including travel time (Special Service) . Minimimi call, one hour. Except after 6:00 p.m. on weekdays and on weekends a two hour minimum will apply. 13. All payments shall be made by the City upon receipt of monthly statements from Contractor. 0 14. Contractor agrees to provide veterinary services to impounded animals as needed at oost to the City. 15. Sick animals that have a contagious disease and threaten the health or life of other impounded animals, or injured animals that are so severely injured or are dying, may be destroyed by a Veterinarian or his assistant, after animal has bee� examined and deemed necessary, before the five (5� days ir�ouncling agreesnent specified in iten seven above. 16. Either party hereto may cancel this contract within thirty (30) days written notice thereof to the other party. MII�IIJE90�PA ANIMAL PA1l�OL SIINI(,E► II�IC. BY• CITY OF BY: MAYOR BY: !lAI�lC� 10C 7. S. LAKE ANIMAL CARE referred to as "WBAC" ?hat N�� hall assu�s all liabilit� for all 6ar� to psrson�, ani�als •nd propstt� du� to ita a�slissnc• or t�e ne�ligenc• of its s�plo�ss• or asent• arisin= fro� ths perfor�anc� oi tl+is contract and •�BAC��ha11�6o1d any legal actioos arisins tAsrsfros. CITY/TOWN harsless �nd provids CITY/TOMH rith proof of public liabilit� covarags. ia the aoount of at lsa�t =200.000 per aacb clai�ant and 5600.000 for sach occurrsnce. covsring the perforsance of thi• contr�ct. �urthar� W3AC vill furnish CIT�Y/TOWH a csrtiensationf insurance avidencin= statutor liorkars' Comp covera�s for all i13AC s�ployes�• ?hat durin� tbs dnr�tion of tbi• contract iinAC shall not. vithin t6• 6tats of Milieantaiori��plo�ssnt •saio�t an� ssplo�ss oT app b�causs of s�c�, eolor. et��d. s�tion�l orisia. or aoesstry and •dall inciuds � sisilar pro�i�ion in ail •ubcontract• sntar�d into for ths perfor��ncs hsr�of. this paragraph b�in� to co�ply vitb tb� provi�ions of Kinne�ot� Statute 8sctioa 1d1.59. 9. That WBAC shall k�sp accurats and dstsiled rseoickedfu the impoundiag and diaposition of •11�=LeiCO1CITY/TOWN p in CITY/?OWN and furni�h sonthly rsp at to the ssrvices perforsed during ths �onth. ApD CITY/?OWti. in con�idsr�tion of said eovenant• and agree�ents of WBAC hereinbefore �ControldSsrviceyftoseW$ACspursuantAtotthe folloving vill obtaia Aainal provisions: 10. That CI?Y/TOWN shall p�y to WBAC a�onthly •um for Animal Control Service pur�uant to the folloving schedulei A) Price per hour for scheduled patrolling ba�ed upon actual tiae iA •srvice for CITY/TOWN..........517.00 S) Pries per �nimal pez da�, or fs�ccion thereof, to board i�pounded ani�al• for CITY/TOWN............SS.SS C) Price per •ni�al (dog or cat) for euthanatia........ $7.50 D) Price per call for unscheduled call-out service* ...........................................$17.00 *Ezcept after 10:00 p.�. veeknights and veekends vhen a tMO hour nini�um vill apply. 10D � I . . Midvest Mi�al Services Q►arges 1Vt A) Base fee for Adninistratioa Services per aoath .......................NONE 8) Lost and Found listing and infor�ation for pet wnera ................NONE C) Price per hour - per �ehicle for acheduled patrol based on actual time in ser�ice ia the Citr ...............................=19.00 D) Price per call - per �ehicle for �macheduled ser�ice =20•� during regular wrking hours of 7AM - SPM (reekdaps) •••••••••••••••• E) Price per call - per vehicle for service during other than acheduled or re�ular working hours .............................i30.00 F) Price per animl - for each day or fraction thereof for boarding any apecies of anioal ispounded by direction of City officials or locel ordinance ................................5 6.00 G) Price per animel - for euthanasia of do�s ...........................;10.00 A) Price per animal - for euthanasia of cats ...........................5 7.00 I) Midvest ngrees to provide veterinary services to iopounded animals as needed at ao cost to the City. Reasonable veterinary service that is needed, however, may be charged to the ovner of the enimal. J) Either party hereto aay cancel after thirty (30) days vritten notice thereof to the other party. xov. 18th 1985 Each of my contracts are taylored for the Citys needs. If you woul� like, we could get t�gether znd make notes and changes to come up with a contract that w�uld best serve your City. I encourage you to talk to the Champlin Police Chief Ron Harwood for refferance. Ny base fee for service is �?5•00 per month for adm. and emer. stand by �'14.00 per hour for patrol �21.00 per hour for emer. call outs. Citys that contract for 60 hours or more patrol are not required to pay the 47�•00 adm. fee. The animals are impounced at Funks animal hosp. and you would receive a statement from them. I hope that I have been of some help, and I would like to be the animal control �fficer for the City of Fridley. Sincerly. �� Linda Kadlec 99 : H2 sl e Dr. Rogers T��i. 420-�0;9 10F � � � City of Fridley, liinnesota Combined Issuss iources: 1la5 G.O. T.I. Sonds o! 1985 Uses: Total Sourc�s: Construction Capitalized Interest • Di�count/Issuanc� Cost Debt Service Resezv� Contingency Credit/Incurance/Liquidity Total Uss�: ''I�ltc" 11,SS0,000 ---------- 11,550,000 sssssssss: 7,060,000 2,313,101 Z36,600 1,732,S00 147,799 60,000 ---------- 11,550,000 ---------- 1 � ---------------------------------------•------------------------------------------------------------ . BREAKDOWN pF 1985 G.O. T.I. BONDS OF 1985 Lundgren Project S 2,155.000 Excess Increment 5,480.000 Heir Project 3.915.000 S11,550,000 ___.__ City of Fridley, liinne�ota Special 1lssesssent 8onds iourc�s: � 1985 C.O.Special 1►ssessment Honds o! 1985 � Us�s: Construction Capitalized Interest Discount/Issuance Coct Debt Service Reaerve Contingency � Total Sources: n Total Uses: � �. �. � � v v v v • v • i�%� �� 3,100,000 --------- 3,100,000 s= a oxssss 2,100,000 �74,936 54,250 �65,000 5,814 3,100,000 --------- M 12 s 13 MEPIO T0: THE HONORABLE MAYOR AND CITY COUNCIL FROM: NASIM M. QURESHI, CITY MANAGER DATE: DECEMBER 13, 1985 SUBJECT: DESIGNATION OF AGENT OF RECORD FOR PROPERTY-CASUALTY INSURANCE In previous com�unications City Staff has advised the City Council about the volitile nature of the current insurance market. Premium costs have escalated with many cities paying double or triple, or even more, for insurance than in the previous year. Insurance companies have been reluctant to quote premium prices very far in advance of the renewal date, and notice of non renewal is given with very little time to seek other coverage. Under these circumstances the City has retained Dr. Andrew Whitman (Ph.D in Insurance, Lawyer, and Professor at the University of Minnesota's School of Management) as consultant for risk management and renewal of property-casualty insurance. Under his guidance City Staff has conducted a managed bid process with the following companies: First Insurance Valley View 8200 Highwood Drive Bloomington, MN 55438 Maguire Agency Inc. P. O. Box 64316 St. Paul, MN 55164 T. C. Field and Company P. 0. Box 64016 St. Paul, I�1 55164-0016 Dale V. Hadtrath Senior Account Executive 944-8200 Richard C. Aune Agent 645-5751 Conway G. Olson Vice President 227-6405 In accordance with the enclosed recommendation from Andrew Whitman, the City's Consultant, City Staff is recommending that T. C. Field and Co. be designated as agent of record for risk management and insurance services for the City of Fridley. RESOLUTION N0. - 1985 RESOLUTION AUTHORIZING AN AGENT OF RECORD FOR PROPERTY- CASUALTY INSURANCE FOR THE CITY OF FRIDLEY WHEREAS, the cost of property-casualty insurance premiwas has escalated dramatically in the past year; and WHEREAS, the services of an insurance agent can assure appropriate insurance coverage and risk management services for the lowest available cost; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the City Manager be authorized to select T. C. Field and Company as agent of record for the City of Fridley and to execute a risk management and insurance contract with the same company. WILLIAM J. NEE - MAYOR ATTEST: RICHARD PRIBYL - ACTING CITY CLERK 13A 14 1�M0 T0: THE HONORABLE MAYOR AND CITY COUNCIL FROM: NASIM M. QURESHI, CITY MANAGER DATE: DECEMBER 13, 1985 SUBJECT: UI�BRELLA INSURANCE COVERAGE BEYOND LEGAL LIMITS OF LIABILITY In seeking renewal of insurance coverage for the City of Fridley there is a particular problem with umbrella coverage. For calendar year 1985 the City paid a premi� of $7,900.00 for $3,000,000.00 in excess of primary coverage on the policies included. For calendar year 1986 it is difficult to get any umbrella coverage at all. However, we do have a quote of $61,000.00 for S1,000,000.00 in excess of primary coverage on the policies included. . According to Minnesota Statutes 466.01 and 466.15 the City's liability for torts is limitted to $200,000 per claimant and $600,000 per occurence. This raises the question as to whether the City should raise its payment obligation to $1,000,000 in excess of primary coverage or should rely on the statutory limits plus future funding if claims and expenses exceed $600,000 for a single occurance. After consultation with Andrew Whitman, an insurance consultant retained by the City, City Staff recommends that for the immediate future the cicy not accept the $61,000 premium proposal but continue to explore other funding alternatives for possible claims in excess of $600,000. Attached please find a memo from Andrew Whitman which discusses this matter in greater detail. 14A SHOULD THE CITY OF FRIDLEY BUY UMBRELLA LIABILITY INSURANCE? (Careful Evaluation Reduces Your Liability Expoaure) The issue of whether the City should carry umbrella insurance should be evaluated and presented to the City Council. ,nbject to the limitations of Sections 466.01 to 466.15 (S200,000 per Claimant and $600�000 per occurrence for certain liabilitiea) every �unieipality is subject to liability fot its torts...whether arising out of a �overnmental or proprietary function. , This Taises the is�ue of vhether a goveremiental subdiviaion should carry liability coverage, umbrella liability insurance, in excess of the statutory liability limits. The focue of umbrelle liability policy analyais should be upon non-tort areas not covered by [he statute� and on vhether the umbrella policy provides coverage for these areas, such as: liquor liability; professional services; property in care� custody, or control; joint ventures; concractual liability; puDlic officials' error and o�issions; pollution liability; and violation of conscitutional righcs or civil liberties. Coverage is currencly quite difficult to aecure in many of these ireas. In deciding vhether or not to purchase umbrella liability coverage, the City •hould consider the following factors: 1. Reasons for buying umbrella liability coverage. a. Risk of having sta[utory limits declared unconsti[u[ional: Either [he per-person 5200,000 limi[ or the�per-occurrence $600,000 limit, or both may be interpreted as an unconstitutional denial of equal protection. The general [rend of cour[ cases is to eliminate �overnmental i�unity, but a recent California case upheld e limit on recovery in medical malpractice cases. b. Certain types of cases are not covered by statutory limits. - Contractually assumed liability under, for example, an indemnification clauBe - Pollution liability limits are tvice as high, M.S. 466.04 Sub 1(c) - Security law violations. - areach of fiduciary duties. - Any other noa-tort actions. - Federal civil rights lavs; Thompson v. Village of Holes Corner4 340 N.W. 2nd 704 (ilis. 1983) - Other liabilit� imposed by Federal lav - Liquor dram shop liability nnder M.S. 340.95 14B c. Need for insuran�e to compensa[e an injured citizen, a moral obligation. $600,000 maq be insufficient if �sny people vere injured in one occurrence, however, noninsurance funding sources may be drawn upon. d. Aggrega[e limits of underlying policies may be exhauated e. The eoverage of umbrella policies is often broader. free fro� aome exclusions, of the primary liability policy. 2. leasons for not buying coverage above statutory limits: a. High premiums: $61,000 premium for 1 million uceas of $600,000 primary limits b. Insurance coverage automa[ically vaivea the statutory limita c. High limits may be an "invitation to �uit." d. No Minnesota judgmen[s in excesa of lieits. e. Umbrella mey have significant exclusions: - Liquor - professional services Medical Accreditati-on - Property in care, custody, or control - Joint ventuTes or wrap-up liability insurance plan - Pollution f. I�nunity for disctetionary acts, such as the failure to pTOperly buy insurance. g. probability of a prospective court decision abrogating statutory limits. pas[ Minnesota cases which abolished sovereign ifmnunity for public bodies, and the state did fo prospectively. If this precedent is folloved, a governmental unit would have time to obtain additional coverage. See Neicing v. Blondell, 306 Minn. 122, 235 N.W. 2d 597 (1975); Spanel •. Hounds View School District No. 261, 264 Minn. 279� 118 N.W. 2d 795 (1962); and Record v. Metropolitan Transit Commission, 284, H.W. 2d 542, at 548. (1979). h. An endorsement can be used to buy-back or reinstate achauated primary policy limits. 3. The quality of nmbrella coverage varies considerab2y by insurer. Premium alone is an inadequate deciaion criterion. 14C See The Umbrella �ook by Warren� McVeigh, Griffin i 8untington, 680 Beach $t. (San Francisco, CA 94209) for analysis of coverage by insurer. 4. Proposals for Umbrella Coverage have been requested. The City caa evaluace the current premium cost in relacion to other factors noted above. S. ?he Council mee[ing minutes and other records should clearly teflect the facts that the issue of Umbrella aad other insurance coverages vas carefully considered and the reasons for reaching the decisions. This record helps de�onstrate that the decision vas an exercise of the boards' diecretion, • vhich is aigRificaat, since both statutes and court caqes provide for i�unity from liability for discretionary acts. A vell-documenced record vould be useful in defending against a claim that the Council was negligen[ in not purchasing adequate coverage. 0 The Minnesota League of Cities currently provides umbrella liability coverage through the LMCIT. It is a"follow through" form of underlying coverages available from the League, tieaning it strengthenc coverage but does not nece6sarily broaden coverage. The coverage provides $1 million in e�ccess of the S600,000 priury lioits. There i�, hovever� a$10,000 self-insurance retention requirement. 'lbis policy does include typical exclusions for pollution; child sole�ta[ion; care, custudy and control; liquor; airQort; aad ambulance �lpractice, etc. ' The policy can be endorsed for fir�t dollar defense coverage. 0 �4D 15 � DATL: llECLPtBER 13, 1985 T0: THE HO�IORABLE MAYOP. A?7D CITY COL'NCIL FRO`�: NASIM M. QURESHI, CITY HANAGER SL'BJECT: SEPARATION BENEFIT PLAN FOR LONG TERAf E'.�!?PLOYLES In a nemorandu� dated September Z0, 1985, I outlfned a proposal for a sPecial separation benefit plan for city employees. A copy of that me-�o is attached for your informa[ion. Our original intent vas to include a provision in the plan wliich would appl}• to er�ployees who vere not nearing retiremenc at thfs time. Under ti�is provision the City would match a contribution of one half of one percent of an employee's salary and the total amoun[ of one percent of tiie employee's salary w��uld be place2 in a separate fund. Upon separation from employment with the City the eaoloyee vould receive the principal and interest in the f und. It vas hoped that such a provision in the plan would be an encouragement for enpluyees to be�in planning early for the additional expenses associated w:th te r.nination of employment vhether due [o retirment or to some other reason. Ne are advised by legal counsel that under presen[ Minnesota law this approach is of questionable validity. Although such an approach is possible in other states, Minnesota Statutes 356.24 forbids a city to contribute to a deferred compensation plan. AlthouRh there is an exception tn Minnesota Statutes 465.72 for a severance plan, in the opinion of Mr. David Newman, '�tt�e implication is that eligibility for a serverence plan would not be dependent upon vhether or not the employee himself elects to contribute." In the 1985 leRislative session the League of Minnesota Cities made some attempt to have the statute altered so that plans such as the one proposed could be implemented by cities. At the time other matters took higher p�iori�, and the law vas not changed. Accordingly, since the approach we first proposed cannot be pursued with complete confidence in its legality, we are proposing for your approval a modified plan which contains only the first part of the original proposal, n.amely provision for a separation benefit of from $2,000 to $4,000 for employees hired prior to January 1, 1986, who have ten•years or more of service with the City. Please note that the Citq allows retired employees to remain members of. the City's health insurance group indefinitely, thus providing them with significant advantages with regard to cost and coverage. Your approval of the Separation Benefit Plan is requested at the December 16, 1985, meeting of the City Council. 16 �..K �. �� 1100 iEECM sT11EET NE • YINNEA/Ol1f. MINNE30TA tNi! December 12, 1985 Mayor k'i l l i am Nee Nasim Qureshi City Manager/City of Fridley 6431 University Avenue N, E. Fridley, Minnesota 55432 Gentlemen: The �'ridley Rotary Club is requesting, from the City of Fridley, a te�porary liquor license. We plan to have our annual Charter Night dinner at the Skywood Inn. The Fridley Rotary Club looks for�vard to holding this event in the City for the first time in over twenty years. tde plan to have the Fridley Lions Club, which has the necessary in- surance, handle the liquor at our party. I intend to be present at the council meeting on the 16th of December, 1985 . Thank you for your consideration. Si�cerely, �/��.+� Duane E. Prairie se ��r Ch'�i � � �� Phone 57t-9781 - � Fridley PMua pry;u BuilQinQ, Suit� 3f0A. 6tp1 University Ave. N.E., Fridley. Minnesota 55432 o,� �P�'v OM1�A� �� n..K� c. r� f06 Offioe fquipmeoe 7SOd886 VICB CHAIRPBR80N Jayoe Noble Irrry Noble AeeeKy 786-080� !'INAPICE DIR6(,TOR i1eV1'.yne R. SeAleia� &hle�es, HaYe, Guh k Cv a�issz� DIRECTORS Ro�er Humol� Nor.rest 8aok Ceatral 760 5757 Ii�ynard N�eben N.W. Bell 7llepiwne a�i.o�si Robert ��gob.. Cook Speeulty 1ldvertuin� 6T I �6984 I1�vid Newman Hemck ! Ne+man 671•3Bb0 Doa Chapm�n Upton Adv�rtiuoQ sas�os�o Kirk Hart SkYw�ood Ina 671•�440 Arlen w;a,oet r�c c� s�s•�oi PASf CHAIIWAN John C,�rQaro �idley Sta4 B�nk bTI-2200 EZECU7'IVE DIRE(TOB Ke+ry A. Van Fl�et 677-878I December 11, 1985 Nasim Qureshi City Manager/City of Fridley 6431 University Ave. N.E, Fridley, MN. 55432 Dear Mr. Qureshi, As you are aware the Fridley Chamber of Cotmnerce will host the 23rd annual Progress Dinner, Saturday, February 1, 1986 at the Skywood Inn/Best Western. k'e understand there has been a recent development under �iinnesota law which permits the City to grant a temporary on-sale liquor license to civic organizations. Since the Skywood Inn does not have a liquor license the Fridle}• Chamber of Commerce is requesting such a temoorarv license. " " It is not our intention to operate the bar itself. We would like to have the Fridley Lions Club, which has the insurance required, be permitted under the new Minnesota law, to operate the bar for tl�at evening. We will have a representative present to discuss this at your December 16, 1985 City Council meeting. DCF/kvf 'ncerely, -. � � � Daniel C. Fi en Chairman Of The Board Of Directors . ; 16B December 12, 1985 Honorable William Nee, Mayor Fridiey City Council c/o City of Fridley �43' Univzrsi:�r Aver.�z nE Fridley, Minnesota 55432 Dear Mayor Nee and Council Members: The Fridley Chamber of Commerce has approached the Fridley Lions Cfub asking if we would operate the bar at the Fridley Chamber of Commerce Progress Dinner on Saturday, February t, 1986 at the Skywood lnn. It is our understandir►g that the recent Minnesota Legislature passed a statute, MSA Section 340.11 Subdivision 9A, allowing nonprofit civic organizations to receive a temporary on-sale liquor license. The Fridley Lions Club has the sufficient insurance to operate this bar and are asking that the Council grant us this temporary license for the Progress Dinner. We will have a representative of our club present at the December 16,1985 City Council meeting to discuss this with you if necessary. incerely, �U J hn Gargaro roject Chairman FOR CONCURRENCE BY THE CITY COUNCIL -- LE�BQ2 16 , 1955 I�R�B Z+eresa C. Shielde 7599 University Ave. Fridley. M1 55432 •�. � i� Secreta=y A�blic Works SrARTII�IG S1Y�RTII� SAIJ�RY I�ATE $1�250 Deoember 11, I�r 1985 Manth APPOINTMENTS . . . • �. Jean Ottenenan 1. 7 � �� FOR CONCURRENCE BY THE CITY COUNCIL December 16, 1S85 Claims 5755 - 5936 -- CLAIMS �, �; FOR CONCURRENCE BY THE CITY COUNCiI Oecember 16, 1985 �pe of License: �: AUCTIONEER Anoka Fridley Auction James C. Peterson 848 East River Rd Anoka, MN 55303 CIGARETTE SuperAmerica Stations R. A. Jensen 7451 East River Road Fridley, t4N 55432 FOOD ESTABLISH�IENT SuperAmerica Stations R. A. Jensen 7451 East River Road Fridley, MN 55432 OFF SALE BEER SuperAmerica Stations F. A. Jensen 7451 East River Road Fridley, MN 55432 RETAIL GASOLINE SuperAmerica Station F. A. Jensen 7451 East River Road Fridley, MW 55432 CHAf;IAQLE SOLICITOR PERMIT Christian Record Braille Mark Tackaberry Foundation Lincoln, Neb. 68506 Columbia Heights Cong. of Glenn C. Knowlton Jehovah's Witnesses 2262 Bronson Orive Mounds View, MN 55112 VENDING MACHINE Target - Truckers Area Twin City Vending Co 7120 Central Avenue Fridley, MN 55432 Approved By: 19 -- LICENSES Fees: James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director R i cl�ard Larson Fire Inspector James P. Hill Public Safety Director James P. Hill Public Safety Director $20.00 �12.00 $35.00 525.00 $60.00 Exempt Exempt �15.00 - 19A %, �� FOR CONCURRENCE 6Y TNE CtTY COUNCIL -- I.tCENSES / DDCEt�ER 16, 1985 a��r s�,i� Jack Pixley Sbeeps, Inc. Z764 - 1715t 7►venue N.W. 1lnoka, lQ�i 55303 GFI�IERAL CQJTRACPOR !li oek Bros . Co ns truction 1312 - 4th Street S.E. Minneapolis, Ml 55414 Kenco Construction, Inc. 10666 lfiiversity Averue N.f�l. Cbon Rapids , I+II�1 55433 Patio Village 3916 West 49� Street Minneapolis, IrII�I 55424 Professional Contractiors 12 N.E. 3rd Street Faribault, i�3 55021 MASON RY General Masonry Concrete Inc. 5024 Division Avenue Whi te Bear Lake, tII�] 55110 By : Jack Pi�cley By: Tam Flicek Hy: Kesit iaoessler Sy : Tom CLmm,i ngs By: Steve Underdahl By: Brad Gilbert 11PPROVED BY DiARRi�� CI.ARK Chief Bldg. Ofc. . . Same Same Same Saa►e Same �: FOR CONCURRENCE 8Y THE CITY COUNCIL is"I'u��5 IEa�II7 16, 1985 Her r i dc i N�n, P. �►. 6279 taniver si ty Av�su�e N. & � Fridley, !�N 55�32 ��i� Por Legal Se=vi s Ren3ered as Qty Proseautor far t3�e lbnth af Narenber, 1985 . . . . . . �>;: . . . � �� >v BoiU�, Juster, Pleikena, l�lmon i Haskvitz 1000 ID6 Clenter Mi meapol is, Ml 55402 Pbr Legal Servives Ren3ered as Qty Proeeautor f ar the lbnth af Sept enbe r, 1985 . . . . . . . . . . . Pbr Lec�l Serviaes Rendered as Qty Prosecutor for the Month af October, 1985. . . . . . . . . . . . lbr�e tte Cvnstr ucti cn CbmFnny 2050 White Bear Avenue St . I� ul , MI 55109 -- ESTIMATES 2CI � �'b = 2,692.05 S 5,401.77 S 7,067.50 FDdAL iSTIl�TE . . . . . . . . . . . . . . . . . . . . S 2,500.00 Fbl ioe Garage � Storage Facil ity D. H. Blattr�er i Sans 1 South Waba sha Navy Isl ar�d St. I�ul, Ml 55107 Moor e Lake Restor ati on Ptoj ec* - Riase II Estimate No. 5 . . . . . . . . . . . . . . . . . . . . S20,344.25 Hor�ire Excavating, Inc. 126 36 Mai n Street Rogers, Ml 55374 Water i Sc�►el Project No. 156 Partial Fstimate No. l . . . . . . . . . . . . . . . . S 9,408.94 -- 1;? F R I L�'_:: '�' � (CONTINUED) :1/:�/e� EXPEfvSE PAID E�Y HERRICN, d� NEWMAN - NORTHERN :YicSSENGER - RICE PLAZA OFFICE bUILDING TG�F.`L CO�TS ;:,�,- :; � �::; �R'{;�1EN � R�CE I VED-THANF�, YOU T�JTf�I PAYMENTS =�:�_ANt=,c Dl:� THIS INVOICE REFLECTS: MONTHLY RETAINER 4.65 hours in excess of 30 @$50.00 per hour Expenses paid by Herrick b Newman TOTAL . ,� 1 � � . . / v.J gS��Ui �u-GVM 0 20A 9• JJ �. JJ -�E 1 �. 8E -SEi�. 8f� � � . E�.:. �_�.�.i S1,650.00 232.50 9.55 51,892.05 F F I NA''��E C1-'.ARGE OF 1 X PER MONTH W I LL fsE C:HARGED TO A�L =��VtiTS �lHICh ARE 3�� DAYS PAST DUE. (�76-1) ' 2 0 B fTATEMENT SMITM, JUSTER, FEIKEMA, MAl MON � HASKVIl2 ATTORNEvSAT LAW i7i i�Y It��ti E�[t MAMA! ��. MINNEAP(�1.15, MINNESOTA S'i�02 i�1� 11� l rCity of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Attention: Mr. Nasim Qureshi, L City Manager WN OATE � h/��f ��7Y�U t'M111��hM ��ti �M� 1��• � SUBUABAN OFFI�E f RIO�.E�► � J � SI►LANCE FORWAROEDfROM LAST SIATEMENT 11-29-85 For legal services rendered as Prosecutor for the City of Fridley during September, 1985. Representation of City of Fridley in Court in Anoka on 9-03-85, 9-10-85, 9-11-85, 9-17-85, 9-24-85 and 9-25-85 for 216 pre-jury trial conferences and on 9-12-85, 9-19-85 and 9-26-85 for 35 court trials in Columbia Heights. 79.75 hours. Preparation of 33 misdemeanor formal complaints and 13 gross misdemeanor criminal complaints and miscellaneous officE and phone conferences with police and citizens. 24.75 hours. TOTAL TIME (104.50 hours) (September, 1985 Retainer) 51,650.00 Time in excess of Retainer (74.5 hours) 53,725.00 Inst� Print Cost 26•7� ITM. JUSTIN, FEIKEMA, MALMON � ►MSKVITI �ttN�� S 1,650. 00 55,375.00 s5 ,401. 71 11-29�85 For legal services rendered as Prosecutor for the City of Fridley during October, 1985. Representation of City of Fridley in Court in Anoka on 10-01-85, 10-OS-85, 10-09-85, 10-15-85 and 10-22-85 for 81 jury trials and on 10-10-85, 10-17-85, 10-24-85 and 10-31-85 for 31 court trials in Columbia Heights. 108.75 hours. Preparation of 60 misdemeanor formal complaints and 11 gross a�isdemeanor criminal complaints and miscellaneous offic� and phone conferences with police and citizens. 30.00 hours. TOTAL TIME (138.75 hours) (October, 1985 Retainer) Time in excess of Retainer (108.75 hours) 51,650.00 5,437.50 iMITM. JVSTEN, FEIKEMA, MALMWN L NASKVITZ •f�NU�t{ �f L�� =1,650. 00 s7,087.50 T0: Honorable Niyor �nG City Council City cf Fridley 6431 University Avenue NE Fridley, MN 55432 CONTkAGT ITEM ----------------------- Band �ad Insurance l�yout ind St�k�ng Cleuir�g and ke�orils E�rthNOrk Flu,!ings �nd Sod Asphalt Pi�ing Enck Fivers Loncrete Mor! Precast Concrete Masonr} Mork Net�l Fibric�tions M�terproofing Exterior Insul�tton Jotnt 5e�lints Steel Ooors and fra�e5 Overhe�d Doors Builders Hirdrare Painting Dryr�li and Insulation Louvers Signs Fire Ertinquishers MecA�nital Electrital I TOIAL � su�o�aFY: C1TY OF FRIDLEY EN6INEERIN6 DEPARTMENT 6131 UNIVERSITY AVENUE NE FRIDLEY, MINNE50TA 55�32 QATE: 12i�!B5 IFINAI! RE: Esti�ate No. 1Q Pertod Ending 12/2/85 For: Monette Construction 205u Mhite Beu Avenue St. Piul, MN 55109 STATEMENT OF MORIi �� ' "' � ----------------------------------------------------------------------------- CONTRACT PR06RES5 ----------------------------------------------------------------------------- ESTIMMTEO UNIT oUANiITY THIS QUANTITIES PRICE UNIT ESTIMATE TOTAL ----------------------------------------------------------------------------- 4,600.Oti 0 4,600.00 14,000.00 0 10,0u0.0u 9,000.00 0 9,000.00 21,0OO.�u 0 21,OOU.OU �,800.00 l70U 4,1u0.Qu 10,0uG.00 0 10,0G0.00 4,OOQ.Qu 4000 4,OUQ.00 158,900.00 9,OOG 158,90�.Ou 20,100.00 U 20�400.00 13, 4i�U. Ou 0 13, 4GO.Oi; l6,000.00 11,800 16,0OO.OU l5�8UC+.00 u 15,80U.Ou 4�000.00 0 9,ODU.�U 1,BUO.OU 1�4G 1,BGG.00 4,0OO.OU 0 �,�U0.00 14,OOQ.00 0 11,OUO.OG 2,400.OU 0 2,46U.OU 3,4CC.00 34UU 3,4uu.G0 3,200.00 100 3,20U.Ou 800. 00 b Bti�. Q�� 20�.00 0 1UG.Ou 406.00 0 40U.00 39,606.00 0 39,600.OU 25,OOU.00 100U 25,0OO.OU --------------------------------------------------------------------------- 394,100.00 594,600.00 =_==========_-=__=�-=--===============-=-=-=--====---===--=======-�_'ecrc � Originil Contra�t A�ount t394,70G.UU � 20C �Contratt addttions - CA�nge Orders No. 1 L 2 i 3� 4 �Contract Deductions - Ch�nge Order Nos. IRevised Coatrsct A�ount V�lue Capletd to Oate SllBi0T1� A�ou�t Ret�ined tOt M7350) Less A�ount Paid Previouslr AMDUNT QUE TMIS ESTIlNITE CERTIf1CATE Of THE COMTRACTOR f96,866.25 f0.00 i491,566.25 f491,466.25 f491�466.25 tQ.00 t488,966.25 f2,500.00 J AereGy certify tAat the rork perfor�ed and the �ater »ls supplied to d�te under ter�s of the contrut for referen�e project, �n� �11 �uthorized ch�nges thereto, hive in ictu�l value under the contrict of the i�ounts shorn on this estioate I�nd the f�nal quantit�es of the 4ina1 est��a:e are correct), �nd that this esti�ate is Just �nd correct md no p ut of the 'A��uat Due TAis Estisat ' his beer, received. , Br � -��,��l� _ _��?�`` __7•�e�� D�te / - ZZ -�S ----1---- - -_-- - ----! ----------------- Cantru :or s Autno n�ed kepreseniitive (�fitle) CERT]fICA1E OF THE EN61NcEf� I Aereby certify th�t 1 hive prepu ed or ex��ine0 this esti�ate, �nd that the tontrutor is entitled to pay�ent of this esti�ate under tAe contr�ct for reference proJect. CIT� OF FRIQLEI, INSPECTQR By '_'� -�'''� �- - - - Checked By ----__�!l�esillL_ -- --------- O�te ---1� �--?- � -- �- Respectfully sub�itted, CITY OF fRIDLE H� -------------- --- . FLORA, P.E. lic Morrs Director 20D CITY OF FRIDLEY PUBLIC WORHS DEPARI?�lENT ENGINEERING DIVISION 6431 Dniversity Avenue N.E. Fridley, Minnesota 554342 DeceaDer 2. 1985 Honorable Mayor and Citq Council City oP Fridley c/o Nasim H. Qureshi, Citq !�lanager 6431 University Avenue N.E. Fridley, l�II�1 55432 Council Members: �- �, r�� .� , We hereby submit the Fiaal Estimate for Fridley Garage and Storage Facilitp for Monette Construction Co�paqy, 2050 Yhite Bear Avenue, St. Paul, !Q1 55109. i1e have viewed the work under contract for tDe construction of Fridley Garage and Storage Facility and find that the same is substaatially complete in accordaace with Lhe contract documents. I recommend that f inal pay ment be made upon acceptance of the work by your Honorable Body, and that the one-year contractual maintenance bond commence on the date listed. Respectfully submitted, John G. Flora, P.E. Public Works Director J?:jao 3/6/9/ 14 Prepared by: � Checked by: 'i:�� L . 20E Deceaber 2, 1985 To: Public Works Director City of Fridley '•i �, �: �, -�� - ; � :� �.s ,1� ti� � , M. lie, tbe undersigned� have inspected the above mentioned project and find that the work required by the contract is aubstantially coIDplete in confocmity vith the plans and specificatioas of the project. All deficiencies•have been eorrected Dy the contractor. Also, the work for xhich the City Peels the eontractor should receive a reduced price has been agreed upon by the contractor. So, therefore, We recommend to you that the City approve the attached FINAL FSTIMATE for tbe coatractor aad the one-year maintenaace bond, starting from the day oP the f inal inspection, that being DECE!lBEa 2, 1985. Thompson, Construction Inspector -,�., ' �i %%l! Coatractor Representative, (Title) �T:JMO 3/6/9/ 12 20F Dsoeaber 2, 1985 Fridley Garage and Storage Facilit� •; �' � , �� : �i ibis is to certitjr that items of the Work a6o�n in the statement oP work certified hereia have been actually furnia6ed and done for the above mentioned grojects in accordaace Kith the plans and specifications heretofore approved. 1be final contract cost i� =A91,�66.25 and the final payment of =2�500.00 for the improvement project would cover in ltill, the contractor�a claims against the Citq for all labor, materials and other work done by the contractor under thia project. I declare under the penalties of perjury that thia atatement is just and correct. JT:j�o 3/6/9/ti Nonette Construction Compaay - - � • � n,d,�,� >.tt.+.d Contractor Representative (Title) l 20G