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06/26/1995 - 4875OFFICIAL CITY COIINCIL AGENDA COIINCILI�BETING JIINS 2 , 1995 •� « '� FRIDLEY CITY COIINCIL MEETING anor F�a� ATTENDENCE SHEET Maviday, June 26, 1995 7:30 P.M. �:,: PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) t-��! c� s .�MM�t v��-rJ `�� t ` `�� . -'—a�� , I,�c�� {� � k {� � t,�c� � �� . , � � ;, - � -�A� �! � L E.2 �lLl3 Ur� J . F�T� , �-��_ �-t N c;�� S�l y iJ ,✓�G-l�. ��T r u-�'l'� � ��+��zr� +»��;a� ..�Gt'C / �G</j �: ( �-)�`l��r�%Yl �C r'Gr� i1 ADDRESS � � `F'l� � A�L�'� �v� � tJ c F�� 'c�Y �S�F 3v � �SI6 7/ �� ,�C'a�%�� 1�� I 33 r� 5.�' -ai,e, �,!� t�� 3 � �� 9�!-� � �� %- S 3 � �, �� /� _ e ,/1 �. n /1 � r.� / .,� ��,�-� �� / >� /��;-� `��' , �� 5 a L�/ f21 C,�N .�, � ��ro Ly+�l� LN ,� � 7/s �- � ,�N-�� C �'/ �� % , °� / 1 �' � %�% ,�/ ` Y.�/C G i'�nJGT �� i�Jt�� /�'�,� ,� � � � z,U sy s�; . �}nThU�y �kw 7�� P.� L�� c . `� �� < <�J � � � � � � �- � � SD f� � c� � 1 r � c< r� � - t�I � Uc� l�-1 N SS� � 1 V��' �;i�tc �� v2 �HG � � � '7:3 r_ �,� `-' `'°— ITEM NUMBER ��c-N r-o,se uN, �,Gzo.✓.�✓� �1,ee Ad� R2 Z �� .-, � � r,� ,: : . �7� �� RFz,��;�y S�� +'Yi1a„ � 6 Fe, � p 'LOd E 7j � D .�� -� � // �ca'2�.��- �� (�G'c-� � v� �Pl�� c�- Z � � �� ls � A-i=S ,l�',� s l3. c� / � � �� ' anror FRIDLE.Y FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER � "� �- �, � � `f � /9/J� o� %�� / —/ � � _., �c�� ,.... 7 � lU � %�,r��i�v r � S� I i`c� � e_ ��/� d, f�,� L.��e � l� ozl J� �� d ; Lt'ee�L v� . . � _ �� /� 3 �� '�e�f"� 'I c� 2'► �c�-tn '�SL�-� St 1� E�i � �� > < � FRIDLEY CITY COUNCIL MEETING OF a arr oF NNE 26, 1995 FRIDIEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, nationai origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: PRESENTATION: Presentation of Student Foreign Exchange Week Prociamation to Constanza Sofia Figurroa of Chile APPROVAL OF MINUTES: City Council Meeting of June 12, 1995 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSlNESS: Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #95-03, by RMS Company, Generally Located at 970 Osborne Road N.E.) (Ward 2) . . . . . . . . . . . . . . 1.01 - 1.04 FRIDLEY CITY COUNCiL MEETING OF JUNE 26, 1995 Page 2 APPROVAL OF CONSENT AGENDA: NEW BUSINESS: Establish Public Hearings for ,luly 10, 1995: Final Plat Request, P.S. #95-01; Rezoning Request, ZOA #95-01, and Vacation Request, SAV #95-02, by The Rottiund Company, Inc. The Rottlund Company, Inc., is Proposing These Requests in Order to Construct 48 Senior-Only, Owner-Occupied Condominiums, 56 Owner-Occupied Attached Townhouses, and 50 Owner-Occupied Detached Townhouses. The Site is Generally Located South of Mississippi Street, West of University Avenue, and North of Satellite Lane (Ward 1) . . . . . . . . . . . . . . . . . . . . 2.01 - 2.08 Approve 1995 Agreement for Residential Recycling Program ` Between the City of Fridley and the County of Anoka . . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.06 Authorize Request for Proposal for City Wide Curbside Coilection of Trees, Branches and Brush . . . . . . . . . . . . . . . . . . . 4.01 FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 1995 APPROVAL OF CONSENT AGENDA: NEW BUSINESS�CONTINUED): Page 3 Resolution Approving Addendum to the Joint Cooperation Agreement with Anoka County for Participation in the 1996 - 1998 CDBG Program . . . . . . . . . . . . . . . 5.01 - 5.07 Resolution Designating Polling Places and Appointing Election Judges for the June 27, 1995, State Representative House District 52A Special Election . . . . . . . . . . . . . 6.01 - 6.03 Resolution Approving and Authorizing Signing an Agreement Establishing Working Conditions, Wages and Hours of Police Officers of the City of Frid(ey Police Department for the Year 1995 ........... 7.01-7.26 Approve 1995-1996 Agreement for Participation in Urban Corps Program Between the City of Minneapolis and the City of Fridley . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.07 FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 1995 Page 4 APPROVAL OF CONSENT AGENDA: NEW BUSINESS (CONTINUED): Approve Change Order No. 1, Tennis and Basketball Court Color Coating and Overlay Surfacing, Project No. 284 (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.04 Claims ................................... 10.01 Licenses ................................. 11.01-11.05 Estimates ................................. 12.01 ADOPTION OF AGENDA: OPEN FORUM. VISITORS: (Consideration of Items not on Agenda - 15 Minutes) FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 1995 NEW BUSINESS: Page 5 Variance Request, VAR #95-13, by New Horizon Child Care to Allow an Accessory Structure in the Front Yard to Allow Construction of a Children's Play Area, Generally Located at 1001 East Moore Lake Drive ( Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.01 - 13.11 First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #95-02, by the City of Fridley, Generally Located at 73rd and University Avenues) (Ward 1) Informal Status Reports ADJOURN: ......................... 14.01 - 14.03 9 5.01 FRIDLEY CITY COUNCIL MEETING OF JUN� 2b, 1995 �� CITYOF fRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, co(or, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation wilt be provided to allow individuals with disabilities to participate in any of Eridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: PRESENTATION: Presentation of Student Foreign Exchange Week Proclamation to Constanza Sofia �ea of Chile �� -.-`_ APPROVAL OF MINUTES: City Council Meeting of June 12, 1995 �%2`��i cc� APPROVAL OF PROPOSED GONSENT AGENDA: OLO BUSINESS: Second Reading of an Ordinance to Amend the City Code of the City � of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #95-03, by RMS Company, Gene�ally Located at 970 Osborne Road N.E.) (UVard 2) ..... 1.01 -1.04 �`�� -� /��'� G`z�,.,.f�-� ' NEW BUSINESS: Establish Public Hearings for July 10, 1995: Final Plat Request, P.S. #95-01; Rezoning Request, ZOA#95-01, and Vacation Request, SAV #95-02, by The Rottlund Company, Inc. The Rottlund Company, Inc., is Proposing These Requests in Order to Construct 48 Senior-Only, Owner-Occupied Condominiums, 56 Owner-Occupied Attached Townhouses, and 50 OwnerOccupied Detached Townhouses. The Site is Generally Located South of Mississippi Street, West of University Avenue, and North of Satellite Lane (VNard 1) . . . . . . . . . . . 2.01 - 2.08 �S� G,�2"��' '��' � 7/2_ �/��— ._._. • �— Approve 1995 Agreement for Residential Recycling Program ,� Between the City of Fridley and � the County of Anoka . . . . . . . . . . . . . . . 3.01 - 3.06 �% :�,.�� Authorize Request for Proposal for _ City Wide Curbside Collection of Trees, Branches and Brush . _ . . . . . . . . 4.01 �-i2�-�---�.... Resolution Approving Addendum to the Joint Coopera�on Agreement with Anoka County for Participation in the 1996 -1998 CDBG Program . . . . . . 5.01 - 5.07 �� ;�„� � ' APPROVAL OF CONSENT AGENDA: NEW BUSINESS (CONTINUED� Resolution Designating Polting Places and Appointing Election Judges for the June 27, 1995, State Representative House District 52A Special Election ... 6.01 - 6.03 ��. e�,,�_-•�% /�i_ , Resolution Approving and Authorizing Signing an Ag�eement Establishing Working Conditions, Wages and Hou�s of Police O�cers of the City of Fridley Police Department for the Year 1995 .. 7.01 - 7.26 �� v� � Approve 1995-1996 Agreement for Participation in Urban Corps Program Between the City of Minneapolis and the City of Fridley . . . . . . . . . . . . . . . . . 8.01 - 8.07 ��-v-�-�� Approve Change Order No. 1, Tennis and Basketbail Court Color Coating and Overlay Surfacing, Project No. 284 (Ward3) ........................ 9.01-9.04 ��; Claims _ . . . . .�/�"�!u'"'�':'�`�`:--. . . . . . 10.01 Licenses . . . . ��-�� . . . 11.01 -11.05 Estimates . . . . a;��. . . . . . 12.01 0 ADOF'TION OF AGENDA: • �.�-C7,�—..� �.�� a..�e.�'� ` � i�-�' � � � ? �-�`� e.,,,_...�-'j`_ "�'`r"c..�-' OPEN FORUM. VISITORS: (Consideration of Items not on Agenda - 15 Minutes) Q _ _ _ G 9 3 / �"91/�i{ . .� 4��-, - �� ;-�-�-- ��..- �_ _ NEW BUSINESS: �-�e=-�-.�-.:c � � �� Variance Request, VAR #95-13, by New Horizon Child Care to Allow an Accessory Stn.�cture in the Front Yard to Allow Construction of a Children's Play Area, Generally Located at 1001 East Moore Lake Drive ( Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . 13.01 -13.11 .r%' ��^�--��. First Reading of an O�dinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #95-02, by the City of Fridley, Generally Located at 73rd and University �4venues) (Ward 1) .. 14.01 - 14.03 �jG�ve- - �'t`� � �-*� �' �° �'"..�; r�- f�� _��,� `�� '`� r � ��` �,._ -��- a�-,.,t-�-- . � f �`f--�..-,,� �.�,,-�- �.�.c� ( �/ � I�i�o al Status Reports . . . . . . . . . . . . . . . . . . . 15.01 7� �` ` 'v`"v. � ti„��,,�,�7�,� "'" � . ,��,. /- o'- �.,�. _ -e�. . � �� %/� � /%I ' ADJOURN: � ' �"� S�'0��" S � / /° ; � 3 �. �.,,.� T$E MINOTBS OF THS FRIDLLY CITY COONCIL MEBTINt� O! JIINE 12, 1995 THE MINIITES OF THB REGIILAR MEETING OF THE FRIDL$Y CITY COUNCIL OF JUNE 12, 1995 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:35 p.m. PLEDGE OF ALLEGIANCE: Mayor-Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom MEMBERS ABSENT: None CERTIFICATES OF APPRECIATION: SUZANNE HOLM• FOR NAMING THE CITY'S CLEAN-UP WEEK "FRIDLEY PRIDE GITY WIDE" AND MICHELLE PEKA: FOR CREATING THE LOGO FOR FRIDLEY PRIDE CITY WIDE Mayor Nee presented certificates of appreciation to Suzanne Holm and Michelle Peka for outstanding volunteer work for the community relating to the clean-up week the City will be sponsoring in September. Mr. Dean Saba, Chairperson of the Committee for Clean-up Week, extended his and the Committee's appreciation to both of these individuals for their participation. Councilwoman Bolkcom stated that at the Fridley '49er Days Cele- bration, there will be a booth regarding Clean-Up Week where citizens can obtain further information. APPROVAL OF MINUTES: COUNCIL MEETING. MAY 22,1995: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF CONSENT AGENDA: Mr. Burns, City Manager, briefly reviewed the consent agenda items. FRIDLEY CITY COIINCIL MEETING OF JUNE 12. 1995 PAGE 2 NEW BUSINESS• 1. RESOLUTION NO. 33-1995 COMMENDING MONSIEUR FERNAND PECHEUX ON THE OCCASiON OF HIS RETIREMENT AS MAYOR OF FOURMIE5 FRANCE• Mr. Burns, City Manager, stated that Monsieur Pecheux has been Mayor of Fourmies, France during the time that Fridley has been a Sister City to Fourmies. He stated that Monsieur Pecheux was elected to the City Council in 1947 and re-elected in 1953. He stated that he was elected Deputy Mayor in 1965 and served in that capacity until he was elected Mayor in 1977. Mr. Burns stated that Monsieur Pecheux was named Kniqht in the National Order of the Legion of Honor and was promoted to officer in the same Order. He stated that he also served as a delegate within the National Union of Teachers and entered the resistance movement as early as December, 1940 by joining the Civil and Military Organization created by General Charles de Gaulle. He stated that he was also a member of the Libera- tion Council. � Mr. Burns stated that this resolution commends Mayor Pecheux for his long and distinguished career in service to the public. A plaque expressing these sentiments will also be transmitted to Monsieur Pecheux with the wishes of the City Council and people of Fridley that he enjoy a long and happy retirement. ADOPTED RESOLIITION NO. 33-1995. 2. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS tREZONING REOUEST, ZOA #95-03 BY RMS COMPANY GENERALLY LOCATED AT 970 OSBORNE ROAD N E� (WARD 2)• Mr. Burns stated that this ordinance covers the rezoning of the RMS property from M-1 to C-2. He stated that this property was previously zoned C-2, and there were no objec- tions from the neighborhood. He stated it is recommended that the three parcels be combined into one parcel for tax purposes. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 3. APPROVE REOUEST FOR PROPOSAL FOR CITY WIDE CURBSIDE COLLECTION OF REFUSE• Mr. Burns stated that this request for proposal will seek 42 garbage trucks for service from 6:00 a.m. to 6:00 p.m. on September 16, 1995 in conjunction with the City's clean-up FRIDLEY CITY COIINCIL MEETING OF JIINE 12, 1995 PAGE 3 4. 5. week. He agreements include all yard waste. stated that the City expects to sign service with several haulers, and the collection would items except appliances, hazardous materials, and THIS ITEM WAS REMOVED FROM THL CONSENT AGENDA AND PLACED ON THE REGIILAR AGENDA. APPROVE AMENDMENT TO COMPREHENSIVE SIGN PLAN FOR EAST MOORE LAKE COMMONS SHOPPING CENTER: Mr. Burns stated that this is a request by Brian Bruce of National Hobby Company to amend the comprehensive sign plan for East Moore Lake Commons shopping center. He stated that Mr. Bruce is proposing two signs, one on the north and one on the west. He stated that the sign proposed for the west face does not comply with the comprehensive sign plan, as it is an internally illuminated cabinet sign, as opposed to the indi- vidual internally illuminated letters, and the sign extends into the peak of the roof line of the west facia. He stated that the City has permitted signs to encroach into the peak area for this development. He stated that staff recommends approval of the encroachment of this sign into the peak area and the amendment to allow the use of internally illuminated cabinet signs for corporate logos. Mr. Burns stated that the property owner is in agreement with the proposed changes in the comprehensive sign plan. APPROVED AMENDMENT TO THE COMPREHENBIVE SIGN PLAN FOR EAST MOORE LARE COMMONS SHOPPING CENTER. APPROVE AMENDMENT TO COMPREHENSIVE SIGN PLAN FOR WEST MOORE LAKE COMMONS SHOPPING CENTER: Mr. Burns stated that the owner of West Moore Lake Commons, George Applebaum, has requested an amendment to the compre- hensive sign plan to allow the existing Sports Spree Fun Park sign located on the west wall of the shopping center to be relocated to the front wall of the tenant space. He stated that the current sign plan only allows signs that are 24 inches in height, and the sign is being increased to 30 inches to allow it to be utilized on the front wall of the tenant space. He stated that this height requirement would apply to all current and future signs located on the sign band of West Moore Lake Commons. He stated that staff recommends approval of the amendment with the stipulation that the existing tenants shall agree to the change in sign Zocation prior to issuance of a sign permit to relocate the sign. APPROVED AMENDMENT TO THl3 COMPRBHENSIVE SIGN PLAN FOR WEBT MOORE LARE COMMONS BHOPPZNG CENTBR WITH THE STIPIILATION THAT THE ERISTING TENANTS SHALL AGRES TO THE CHANGB IN SIGN LOCATION PRIOR TO ISSIIANCE OF A SIGN PERMIT TO RBLOCATB THE SIGN. FRIDLEY CITY COIINCIL MEETING OF JIINE 12. 1995 PAGE 4 6. APPROVE CHANGE ORDER NO. 3 TO LOCKE LAKE DAM RESTORATION PROJECT NO. 211• Mr. Burns stated that this change order covers the cost of planting six 6 foot Blue Spruce trees on Fred Halvorson's property. He stated that the cost for these trees was $2,265.57. APPROVED CHANGE ORDER NO. 3 TO THE LOCRE LARE DAM RESTORATION PROJECT NO. 211 WITH LIINDA CONSTRIICTION COMPANY IN THL AMOQNT OF $2,265.57. 7. RESOLUTION NO. 34-1995 RECOMMENDING THAT THE COMMISSIONER OF TRANSPORTATION AWARD THE UNIVERSITY AVENUE BIKEWAY PROJECT FRIDLEY PROJECT ST. 1995-6, STATE PROJECT 127-090-03 AND SP. 127-010-12, MINNESOTA PROJECT NO. STP EN 93(012) TO THE LOWEST RESPONSIBLE BIDDER: Mr. Burns stated that the low bidder for this project was H& M Asphalt Company in the amount of $160,728.85. He stated that this project was estimated at $125,000, and $60,000 was earmarked in the City's Capital Improvement Plan to cover fifty percent of the City's share of this project. He stated that because the project was over budget, the City would need to spend an additional $20,364.42. Mr. Burns also indicated that the City needs to submit a check for $30,136.66 to teh Commissioner of Transportation in order to initiate the project. ADOPTED RESOLIITION NO. 34-1995 AND AIITHORIZED THE PAYMENT TO THE COMMISSIONER OF TRANSPORTATION OF $30,136.66. 8. RESOLUTION NO. 35-1995 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMiSE PERMIT TO SPRING LAKE PARK LIONS CLUB (SANDEE'S RESTAURANT, 6490 CENTRAL AVENUE N E ( W.ARD 2 ) : Mr. Burns stated that this resolution supports the application by the Spring Lake Park Lions Club for a Minnesota lawful gambling premise permit at Sandee's Restaurant. Mr. Maynard Nielsen of the Fridley Lions Club requested that the City review the portion of the gambling ordinance that restricts their application for a gambling premise permit to two sites. He stated that the Fridley Lions Club has permits for the Longhorn Bar and Grill and Joe DiMaggio's. He stated that they could not apply for a permit at Sandee's Restaurant because of the limitations of the ordinance. Mayor Nee stated asked if the Fridley Lions Club would have applied for the gambling permit at Sandee�s if they were not restricted by the ordinance. FRIDLEY CITY COIINCIL MEETING OF JIINS 12, 1995 PAGS 5 Mr. Nielsen stated that the Fridley Lions Club would have applied for such a permit. Councilwoman Jorgenson stated that there are other organiza- tions outside of the City that have gambling permits in the City. Mayor Nee stated that it would not be in order to consider the issue this eveninq, but it could possibly be studied it at a future date. ADOPTED RESOLIITION NO. 35-1995. 9. CLAIMS• APPROVED - NOB. 62030 THROII(3H 62328. 10. LICENSES• APPROVED AS SIIBMITTED AND ON FILE IN T8E LICENSB CLERR�S OFFICE. 11. ESTIMATES: APPROVED, AS FOLLOWS: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coan Rapids Boulevard, N.W. Coon Rapids, NIN 55435-5489 Services Rendered as City Attorney for the Month of May, 1995 . . . . . . . . . $ 3,805.89 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of April, 1995. ...$14,464.66 Innovative Irrigation 10006 University Avenue N.W. Coon Rapids, MN 55448 Corridor Maintenance Project No. 275 Estimate No. 2 . . . . . . . . . . . . . . . $ 3,400.49 There were no other comiaents from the audience regarding the consent agenda items. Councilwoman Jorgenson requested that Item 3 be removed from the consent agenda and placed on the regular agenda. FRIDLEY CITY COIINCIL MEETING OF JUNL 12, 1995 PAGE 6 MOTION by Councilman Billings with the exception of Item 3. Upon a voice vote, all voting carried unanimously. ADOPTION OF AGENDA: to approve the consent agenda items, Seconded by Councilwoman Jorgenson. aye, Mayor Nee declared the motion MOTION by Councilman Schneider to adopt th the addition of Item 3 from the consent Councilman Billings. Upon a voice vote, all declared the motion carried unanimously. OPEN FORUM, VISITORS: e regular agenda, with agenda. Seconded by voting aye, Mayor Nee LINDA CAILLIER. PRESIDENT OF THE FRIDLEY '49ER DAYS CELEBRATION• Ms. Caillier, President of the Fridley '49er Days Celebration, stated that the annual ' 49er Celebration will begin with the parade on June 15, and activities will be held through June 18. She stated that buttons and a schedule of events are available this evening. She thanked the Council for their assistance with the '49er Days Celebration. JAN HAMMERSTROM. 6931 EAST RIVER ROAD RE• BIKEWAY• Ms. Hammerstrom presented a letter to the City Council, which was read by Councilwoman Bolkcom, requesting indemnification from liability for the bikeway on the east side of East River Road. Mr. Gregg Herrick, Assistant City Attorney, stated that he under- stands this is a County project. Ms. Hammerstrom stated that the County advised her that the bike- way was the City's. MOTION by Councilwoman Bolkcom to receive the letter dated June 12, 1995, and attached signatures from property owners on East River Road, regarding indemnification for homeowners. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that he did not understand the request. He stated that the City has sidewalks and bikeways all over the City. He felt that the person driving out of their driveway is responsible and not the City. He stated that he did not feel the bikeway was different from a sidewalk or any other area where people are riding bikes or walking. Ms. Hammerstrom stated that this bikeway is incorporated in the property owners� driveways. She stated that cars stopped in the driveways may actually be on the bikeway. She stated that the FRIDLEY CITY COIINCIL MEETING OF JONE 12, 1995 PAGE 7_ bikeway is an accident waiting to happen, and was concerned that the property owners may incur increases in their insurance due to the bikeway. Councilman Schneider stated that there are a number of areas in the City where there are sidewalks and a boulevard with this similar situation. Mayor Nee stated that the City Attorney could review the case law to determine if there is some specific liability on the City's part. Councilwoman Bolkcom stated that this was discussed with the County, and she felt it should be explored with them to see what could be done or if there is an increased liability. Councilwoman Jorgenson felt that it should be determined if other property owners in a similar situation incurred any additional costs because of the location of a bikeway across their driveways. She stated that she felt the bikeway is the same as a sidewalk, and there were numerous other situations that were similar to the bikeway on East River Road. Ms. Hammerstrom stated that she understands that this bikeway will cross a portion of the Stevenson School property, and they have requested indemnification from the County. Councilwoman Jorgenson stated that this may be true, however, the City was not involved. Mr. Burns, City Manager, asked if the property owners exiting their driveways onto East River Road have to wait on the bikeway for traffic to clear. Mr. Flora, Public Works Director, stated that the bikeway does cross the driveways and, if a car is waiting at the curb, it would block the bikeway. MOTION by Councilman Billings to direct staff to research the question raised by Ms. Hammerstrom in her letter of June 12, 1995. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS• 12. PUBLIC HEARING ON PROPOSED TRANSFER OF CATV OPERATIONS IN FRIDLEY {CONTINUED FROM MAY 15. 1995): Mayor Nee re-opened this public hearing at 8:14 p.m. on the proposed transfer of cable operations. FRIDLEY CITY COIINCIL MEETING OF JIINE 12, 1995 PAGE 8 Mr. Moravetz, Staff Liaison to Cable Television Advisory Commission, stated that a special meeting with the Cable Television Commission was held on May 31, 1995. After a lengthy discussion, the Commission recommended approval of a resolution (before the Council this evening) with conditions that involve the reimbursement issue. He stated that at the Cable Television Commission meeting, Mr. Hammerstrom, Director of Nortel Operations, presented Paragon's concern regarding the reimbursement issue. Mr. Brian Grogan, with the Moss and Barnett Law Firm and who is representing the City in this transfer, stated that he has reviewed the legal, technical, and financial qualifications for this transfer and would recommend approval of the transfer to Time Warner, Inc. Mr. Grogan stated that ten months ago there was a transfer of the cable operations in Fridley to KBLCOM. He stated that he has requested a letter from the attorneys of Time Warner to clarify if this transaction is tax free, if it constitutes a"reorganization," and if it does not have to be held for three years. He stated that this is one condition included in the resolution to approve the transfer. Mr. Grogan stated that another condition of the resolution pertains to cross-ownership. He stated that U.S. West Communications owns approximately 25 percent of Time Warner. He stated that this transaction is carefully structured to avoid the cross-ownership issue. He stated that he has requested a clarification by legal counsel regarding cross-ownership. Mr. Grogan stated that the final issue is the reimbursement of costs as the result of approval of the transfer. He stated that when KBLCOM acquired the system ten months ago, there was full reimbursement of the costs involved with that transfer. He stated, that at this time, there is no case law to clarify who bears the costs. He stated that a condition of the resolution is that Houston Industries (KBLCOM's parent company) reimburse the City for the costs. � Councilman Schneider asked if there was any reason to take action on this proposed transfer this evening. Mr. Grogan stated that there is a federal deadline of 120 days when action must be taken, and that deadline will be a week from Wednesday. He felt that the opinions requested would be provided by the time of closing. 4 9 Councilman Schneider asked if there are legal grounds to deny the � transfer because the information requested has not been submitted. Mr. Grogan stated that he does not believe there are legal grounds �� to deny the transfer based on the review of the legal, technical, � FRIDLEY CITY COIINCIL MEETING OF JONE 12. 1995 PAGE 9 and financial qualifications. He stated he would recommend that approval be given conditioned on the items covered in the resolution. He stated that if the conditions are not met the approval would not be effective. Councilwoman Jorgenson questioned the cross-ownership with the exchange of shares with U.S. West. Mr. Grogan stated that the entity taking over control of this cable system would be Time Warner, Inc. He stated that one of their affiliates is Time Warner Limited Partnership which owns all the systems that Time Warner operates with U.S. West (approximately 25 percentj. He stated that he wanted to make sure that the federal provision is not involved, and he requested an opinion from their legal counsel, which they have agreed to provide. Mr. Grogan stated that there have been numerous court decisions in the last eight months that question the cross-ownership rule. He stated that there is legislation pending that would eliminate this cross-ownership. He stated that he did not believe there would be any dual ownership the way this transaction is structured. He stated that it would be Paragon doing business but it would be controlled by Time Warner, Inc. Councilman Schneider asked if there is a question of liability if the Council approves this transfer. Mr. Grogan stated that the reason he requested the opinions was to make sure the statements being made are materially correct. He stated that if they are not correct, the City can go back to the legal firm that provided the opinions if any ramifications occur. Mr. Burns, City Manager, stated that if Council adopts the resolution to approve the transfer, and the company refuses to accept the terms, he understands they would not be able to proceed without a franchise. Mr. Grogan stated that under federal law they could not provide cable service without a franchise. He stated that he expects the company will choose the appropriate options to maintain that franchise because once they expire, there are a lot of ramifications. Councilman Billings asked if this proposed transfer was more complicated than the previous transfer to KBLCOM. Mr. Grogan stated that it is slightly more technical in the manner in which they structured the transaction. He stated that it is a stock swap, and is solely for the purpose of a tax exempt situation. FRIDLEY CITY COIINCIL MEETING OF JUNE 12, 1995 PAGE 10 Councilman Billings stated he understands that the cities invoived in the transfer were having difficulty getting information on a timely basis from Time Warner. Mr. Grogan stated that he represents four cities. On March 17, 1995, he submitted an application with a series of questions. He received his first response on May 5 and another response a few days later. He stated that there was a delay in proceeding in a more timely manner. Councilman Billings asked Mr. Grogan if his legal expenses were greater because of the complexity of the Time Warner transaction and because of the lack of cooperation on Time Warner's part. Mr. Grogan stated that partially yes, but not entirely. Councilman Billings stated that some of the costs are not directly attributable to the City, but because of the way Time Warner structured this transaction. Councilman Schneider stated that he is reluctant to vote on the resolution without the opinions, but given the time period,�it seems there is no choice. Mr. Grogan stated that in regard to the violation of Federal law, the City has satisfied its obligation. He stated that there has not been a court case regarding reimbursement or financial liability. He stated that he does not expect any probZems with the conditions in the resolution being satisfied except possibly the reimbursement issue. He stated that if they do not satisfy this obligation, the City simply provides notice that they either provide reimbursement or the transfer approval is not effective. Councilman Schneider stated that there are several issues where this transfer may conflict with Federal law. He stated that for the City's protection, the attorney needs to receive an opinion that this does not conflict with Federal law. He wanted to know why the City was bound to this 120 day period if they did not have this information. Mr. Grogan stated that he tried to structure the resolution so if the opinions are not provided to the City pursuant to the terms of the resolution, the transfer is not approved. Mr. Wayne Knighton, Executive Vice President and General Manager of Paragon Cable, stated that in regard to the cross-ownership issue, U.S. West holds no interest in the company that is acquiring the cable company. He stated that the practical issue is that neither today nor after closing would U.S. West have any interest in the cable operations serving Fridley. He stated that Time Warner will be happy to provide a letter addressing the two issues; U.S. West's interest and the tax free transaction that is exempt from the 36 month provision. FRIDLEY CITY COIINCIL MEETING OF JUNE 12, 1995 PAGE 11 Mr. Knighton stated that regarding the reimbursement, cable customers who are citizens of Fridley pay the City $87, 000 for City expenses related to cable matters. He stated that it is certainly appropriate to consider that they are, in fact, reimbursing the City for its expenses and any matters related to cable. He stated that there are others that use public rights-of-way that do not pay franchise fees. He stated that this transaction has been a more than acceptable sharing arrangement, and he does not feel cable customers should pay another 82 cents when they are already paying a franchise fee. He stated that what the prior owners did is cer- tainly their determination, but he did not want to speculate what payment they would choose. Mr. Knighton stated that the cable customers already paid the five percent franchise fee. He stated that they are in a competitive business today, their customers are daily looking for other options, and the cable company is concerned about those matters. Councilwoman Jorgenson stated the $87, 000 that was paid to the City did not go into the General Fund but into the Cable Television Fund - and was disbursed for public access. She stated that the 82 cents should not necessarily be borne by the citizens of Fridley but rather by the shareholders of the company who are receiving benefits. Mr. Knighton stated that he did not have any response to this statement. Mayor Nee stated that each time the City approved a transfer the costs were acceptable to all other operators. He stated that this seems like a game with the City being bounced back and forth. He stated that the whole idea with the transfers is confusing people and costing the City a lot of money. He stated that he has never agreed with Robert Dole, but his comments about Time Warner makes one think. Mr. Moravetz stated that the franchise provides that every five years the cable operator is required to provide $60,000 for new equipment and to maintain the equipment that is currently being used. Councilman Billings asked if there is any equipment that is not being repaired. Mr. Moravetz stated that there have been some problems, but with Mr. Hammerstrom's cooperation, those repairs have been made. He stated that the new cable company would be required to honor the equipment portion of the franchise, and there is a surety bond to assure that this is done. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:54 p.m. FRIDLEY CITY COIINCIL MEETING OF JIINE 12. 1995 PAGE 12 13. PUBLIC HEARING ON REZONING REOUEST ZOA #95-04 BY HOME DEPOT USA. INC., TO REZONE FROM C-2, GENERAL BUSINESS AND M-2L HEAVY INDUSTRIAL, TO C-3, GENERAL SHOPPING CENTER DISTRICT GENERALLY LOCATED NORTH OF I-694 AND EAST OF EAST RIVER ROAD (WARD 3): MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Jorgenson. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:55 p.m. Mr. Hickok, Planning Coordinator, stated that this is a request for a rezoning from C-2, General Business and M-2, Heavy Industrial to C-3, General Shopping Center District for property located north of I-694, and west of Holiday Plus and the intersection of Main Street and 57th Avenue. He stated that this request for rezoning is to allow the construction of a Home Depot store and adj acent retail operations. Mr. Hickok stated that the site consists of 14.5 acres. He stated that Home Depot is the nation's large�t home improvement retailer and is proposing to construct a 103,550 square foot building with an attached 27,972 square foot garden center. He stated that attached to the north wall of the Home Depot store would be a 26,000 square foot separately owned retail facility. He stated that there will also be a 5,000 square foot free-standing peripheral retail facility along Main Street. Mr. Hickok stated that the Planning Commission reviewed this request and recommended approval of the rezoning with fifteen stipulations. He stated that the Commission recommended approval because of the uncertainty of the industrial market and because this was an opportunity to have a quality commercial business on the site. He stated that staff recommends denial of the rezoning, as this rezoning would eliminate the largest industrial site available in Fridley. He stated that the rezoning would create an island of commercial activity in an established pattern of industrial uses. He stated that the rezoning would also require an amendment to the City's Comprehensive Plan. Mr. Hickok stated that in conjunction with this rezoning there is a site plan for the development which would include Home Depot being responsible for future traffic improvements, compliance with the County's requirement to align the driveway with 57th Avenue (Home Depot is negotiating with the railroad to have this access), and the use of a FabCon� panel which simulates the appearance of brick. He stated that two sign variances are also necessary and would be brought before Council at the June 26 meeting. Mr. Hickok presented a comparison of estimated tax revenue if this site was developed as commercial versus industrial. FRIDLEY CITY COIINCIL MEETING OF JUNE 12, 1995 PAGE 13 Mr. Hickok stated that the property is now platted into one lot, and it is being proposed to be divided into three lots. He stated that one lot would be 10.6 acres, the retail to the north would be 2.7 acres, and the free standing retail would be 1.2 acres. He stated that cross parking, utility, and bikeway/walkway easements will also be required. Mr. Hickok stated that the Planning Commission recommended approval of the plat with five stipulations. Councilwoman Bolkcom stated that one of her concerns is the volume of traffic. She stated that the other retail that will be included is, at this time, unidentified. She stated that this area is already congested, and the homeowners on Main Street are concerned with truck traffic on their neighborhood streets. Mr. Hickok stated that the traffic was also a concern of staff, and the traffic consultant is here this evening to answer any questions. Mayor Nee asked if there are any differences in the tax revenue to the school district•if the property is zoned commercial rather than industrial. Mr. Hickok stated that he did not believe there would be any difference, as the formula would be the same. Mr. Burns, City Manager, stated that the costs to the City associated with commercial uses would probably be greater than industrial uses. Ms. Dacy, Community Development Director, stated that School District No. 14 does not have any industrial development in its district, as compared to the other school districts within the City. She stated that what is not known is if this site is large enough for an industrial subdivision. Councilman Schneider asked if there was any public comment at the Planning Commission meeting. Mr. Hickok stated that there was only one comment from a homeowner north of 57th Avenue who addressed the sale of the property. Mr. Timothy Platt, Real Estate Manager for Home Depot, thanked City staff for the complete job in reviewing their project. He stated that Home Depot is a publicly held company with over $12 billion in sales last year. He stated that the facility they are proposing in Fridley would employ 175 people at an average wage of $12.44 per hour. He stated that their type of business does not contribute to a high crime rate. FRIDLEY CITY COIINCIL MEETING OF JUNE 12. 1995 PAGE__14 Mr. Greg Gaides, Barton-Aschman Associates, Inc., stated that in regard to an increase in traffic volume, any other development would also bring an increase in traffic. He stated that the impact would not be such that there would have to be any maj or reconstruc- tion or changes to the intersection at University and 57th Avenue. Councilwoman Bolkcom stated that she is concerned about motorists exiting I-694 and having to make a left turn at 57th Avenue. She felt that Home Depot's peak hours would be in the evenings and on weekends which are also the peak hours for Holiday Plus. Mr. Gaides stated that there are some problems in making that left turn, but the Home Depot development would not significantly make the problem worse. He stated that the level of service at that intersection is at "D," and this would not change with the Home Depot development. He stated that an "A" level of service is the most desirable condition; however, a level of "D" is acceptable in an urban area. He stated that not all traffic will be using 57th Avenue, some motorists would use 61st Avenue. Councilman Schneider asked if it would not be the addition of this development that would cause the level of service to go to "E," what would be the cause. Mr. Gaides stated that it may be additional delays for vehicles entering the intersection, but he did not know the exact volume needed to decrease the level of service from "D" to "E." Councilman Billings stated that the traffic study projects ninety cars per hour from 3:35 p.m. to 4:45 p.m. that will be making a left turn from northbound University to westbound 57th Avenue. He asked if it was known what percentage of these vehicles would be coming from east and west I-694 and from 53rd Avenue going north. He stated that those coming from westbound I-694 will have to cross three lanes of traffic in order to make a left turn on 57th Avenue. He would like to know, of those ninety cars, how many would come from that direction. He stated that he is also concerned with the overall thirty percent of traffic that is coming north and south on Main Street between 53rd and 57th Avenues. Mr. Platt stated that the traffic generated by Home Depot would probably be the same if the site was developed industrial. Councilman Billings stated that the difference is that traffic for an industrial site would not be generated during peak hours. Councilman Billings stated that another concern is how to identify the Home Depot site for motorists traveling westbound on I-694. Mr. Platt stated that they hoped good signs would draw the motorists' attention to Home Depot. FRIDLEY CTTY COIINCIL MEETING OF JIINE 12 1995 PAGE 15 Council�an Billings stated that one of the stipulations concerns large billboards on the site. He asked if there was a lifetime easement for the billboards or if it is a lease arrangement. Mr. Bill Hawkins, attorney representing Home Depot, stated that the billboards are under a long term easement agreement or lengthy leases granted by one of the previous owners. He stated that Home Depot does not care if the billboards remain, but if it is condi- tion of approval, it will be up to the seller to deal with this issue. He stated that the revenue from those billboards is substantial. Mayor Nee asked if there is any data concerning traffic on 53rd Avenue as it pertains to this development. Mr. Gaides stated that neither 53rd Avenue nor 61st Avenue were included in the traffic studies, but this information could be supplied. Councilwoman Bolkcom questioned the volume of truck traffic which would be making deliveries. Mr. Platt stated that the majority of their deliveries are by common carrier or lumber haulers. He stated that they will find the easiest route, and there would probably have to be additional signage along Main Street indicating that it is not a truck route. Councilman Billings asked if a stipulation regarding what routes the truckers should use wouZd be agreeable to the developer. Mr. Platt stated that they would have no problem with such a stipulation. Councilwoman Jorgenson felt that it may be helpful to obtain statistics on other businesses of this type in Fridley such as Menards and Home Value regarding their crime rates. Mr. Platt stated that Home Depot prides itself on the level of service they provide. They have an almost overwhelming amount of help which is sometimes the best crime prevention. No other persons in the audience spoke regarding this proposed rezoning and plat. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:55 p.m. FRIDLEY CITY COIINCIL MEETING OF JIINE 12, 1995 PAGE 16 14. PUBLIC HEARING ON FINAL PLAT REOUEST P S #95-02 BY HOME DEPOT USA, INC., TO REPLAT TRACT A,� REGISTERED LAND SURVEY #130 INTO THREE SEPARATE PARCELS GENERALLY LOCATED NORTH OF I-694 AND EAST OF EA5T RIVER ROAD (WARD 3�• MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:55 p.m. Since City staff reviewed this plat in conjunction with the rezoning request, there were no additional comments. MOTION by Councilman Billings to close the public hearing. Seconded by Counailwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:55 p.m. OLD BUSINESS• 15. VARIANCE REOUEST, VAR #95-09, BY WILLIAM AND NANCY WILES TO �ZEDUCE THE SIDE YARD SETBACK FROM 15 FEET TO 5 FEET; TO REDUCE THE PARKING SETBACK FROM THE PUBLIC RIGHT-OF-WAY FROM 20 FEET TO 0 FEET : TO REDUCE THE HARDSURFACE SETBACK FROM ANY PROPERTY LINE FROM 5 FEET TO 0 FEET; TO REDUCE THE HARDSURFACE SETBACK FROM THE MAIN BUILDING FROM 5 FEET TO Q FEET; AND TO PERMIT A CANOPY TO ENCROACH INTO THE ADJACENT PROPERTY ALL IN ORDER TO INCREASE THE SIZE OF THE BUILDING GENERALLY LOCATED AT 7429 EAST RIVER ROAD N E (WARD 3, LTABLED MAY 15 1995)• Mayor Nee removed this item from the table. Mr. Hickok, Planning Coordinator, stated that five variances were requested for this property at 7429 East River Road in order to allow for an addition to the property. He stated that staff reviewed the petitioner's expansion plans for this site, and alternative plans were considered. He stated that an addition was originally proposed to the rear of the building necessitating the need for two of the five variances. He stated that in reviewing the plan, the petitioner submitted an alternate design that would permit a 24 foot by 20 foot expansion to the south side of the building. He stated that the petitioner feels this is adequate and workable. Mr. Hickok stated that with the revised plan, it would eliminate the two variances at the rear of the property. He stated that these variances were to reduce the parking setback from any property line from five feet to zero feet and to reduce the parking setback form the building from five feet to zero feet. He stated that staff feels comfortable with the reduction in the variances and the new site plan. Mr. Hickok stated that in regard to the FRIDLEY CITY COIINCIL MEETING OF JUNE 12, 1995 PAGE 17 variance for the canopy, it is a pre-existing non-conforming use. If the canopy is reconstructed or damaged beyond fifty percent of its value, it would be removed and constructed in the proper location. Mr. Hickok stated that the petitioner has agreed to the bikeway/ walkway easement that will transverse the new landscaped area in the front of the property. He stated that the landscaping would be installed upon completion of the bikeway/walkway. MOTION by Councilwoman Bolkcom to grant Variance Request, VAR �95-09, to reduce the side yard setback from 15 feet to 5 feet and to reduce the parking setback from the public right-of-way from 20 feet to 8 feet, with the following stipulations: (1) the peti- tioner shall install B618 concrete curb and gutter along the east and south property lines; (2) the existing hardsurface located between the building and the north property line shall be removed and the area converted to green space; (3) the parking lot shall be clearly striped to indicate all parking areas measuring 10 feet by 20 feet; (4) the petitioner shall submit a performance bond of $5,000 to ensure completion of the landscape areas and concrete curbing; (5) a special use permit shall be requested and approved in compliance with Section 205.14.O1.C(7); (6) the petitioner shall grant a 45 foot bikeway/walkway easement along the west property line; and (7) the canopy variance is for the existing canopy as of June 12, 1995 and any repairs or rebuilding of the existing canopy valued at fifty percent or more will void this variance for the canopy. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. VARIANCE REQUEST, VAR #95-10, BY KENNETH MURPHY OF FRIDLEY ALANO SOCIETY TO REDUCE THE PARKING SETBACK FROM ANY STREET RIGHT-OF-WAY FROM 20 FEET TO 10 FEET TO ALLOW THE EXPANSION OF A PARKING LOT GENERALLY LOCATED AT 5925 UNIVERSITY AVENUE N E (WARD 1) (TABLED MAY 15.1995):_ Mayor Nee removed this item from the table. Mr. Hickok, Planning Coordinator, stated that this is a variance request by the Alano Society to reduce the parking setback from any street right-of-way from 20 feet to 10 feet to allow expansion of their parking lot by 22 additional parking spaces to the north of the existing parking lot. Mr. Hickok stated that staff notified fourte�n abutting or adjacent property owners of the possibility of a driveway exiting onto 60th Avenue. He stated that two persons called and stated that they were opposed to such a driveway. Mr. Hickok stated that the Appeals Commission voted unanimously to approve this variance with the stipulations recommended by staff. FRIDLEY CITY COIINCIL MEETING OF JIINE 12, 1995 PAGE 18 Councilman Billings asked the petitioner's position on a driveway coming in from 60th Avenue. Mr. Murphy stated that due to the cost, he would prefer not to have the driveway coming off 60th Avenue. He stated that the cost would be about $8,000 and is more than they could handle financially. Councilman Billings stated that when staff was trying to work out some problems with this site, Mr. Murphy indicated that when they expanded, the parking the plan was to have an exit onto 60th Avenue. He stated that it is difficult for him to accept Mr. Murphy's word as being creditable since this is not the proposal. He stated that the last time the City granted a variance to 9 feet, it was closer to 8 feet, and that is probably another issue that needs to be addressed. He stated that when this item was before the Council on May 15, he indicated a conflict of interest. The only conflict he has is if he can look objectively at this variance, as he felt the petitioner has been less than honest with the City. Mr. Murphy stated that he did not recall the discussion about the driveway on to 60th Avenue. He stated that the Alano Society felt that at some time in the future they could purchase the six lots, which were owned by Stuart Holmes. He stated that it may have been Mr. Holmes who indicated that the driveway would come in from 60th Avenue. He stated that as far as the variance, he did not measure the distance to make sure it was correct, and he did not feel that should affect his creditability. Mr. Clyde Ahlquist, attorney for the Alano Society, stated that he understood there were some problems in the past regarding drainage and, to his knowledge, these were resolved. He stated that he noticed on the survey that the lot was to have an alley and, at some point of time prior to the development of this property, it was decided to vacate this alley. He stated that the properties to the south all have this vacated alley and the non-conformity with the statute. He stated that he cannot find any answers as to why this is the case, and this may have occurred with the original taking for Highway 47. Mr. Ahlquist stated that the petitioner would like to proceed and be as good a neighbor as possible. He stated that the Alano Society would work with the City and neighbors on any problems. Councilwoman Jorgenson stated she believed that headlights from the cars would shine into some of the residents' homes. Mr. Ahlquist stated that he understands that the board-on-board fencing would be extended so that the headlights would not shine in residents' windows. He felt that if this was not the case, the issue should be addressed, as they wauld not want to disturb anyone's residence. FRIDLEY CITY COIINCIL MEETING OF JIINE 12 1995 PAGE 19 Mr. Robert Schmidt, 6001 4th Street, stated that he was represen- ting their neighborhood and submitted a petition from property owners and residents stating that they do not want a driveway on to 60th Avenue which would bring extra unnecessary traffic on the residential streets. He stated that the residents do not believe that diverts traffic on to 60th Avenue and, ultimately, on to 4th Street would be desirable. Mr. Schmidt questioned how far north the parking lot would be expanded. Ms. Dacy, Community Development Director, stated that it would be about 65 feet to the north. MOTION by Councilman Billings to receive Petition No. 8-1995 as submitted by Mr. Schmidt. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that based on the input from the neigh- borhood, he would move to grant the variance without a driveway from 60th Avenue. MOTION by Councilman Billings to grant Variance Request, VAR #95-10, to reduce the parking setback from any street right-of-way from 20 feet to 10 feet, with the foliowing stipulations: (1j the board-on-board screening fence sha11 be extended to the end of the parking lot expansion; (2) the petitioner shall comply with all of the comments listed in Jon Wilczek's memorandum dated May 3, 1995; (3j the area between the east edge of the parking lot and the easterly property line shall be backfilled and seeded to provide an aesthetically pleasing edge, and prevent erosion and frost damage to the curb and parking surface; (4) the parking lot driving aisles shaZl be extended to 25 feet; (5j the petitioner shall install a 3 foot hedge of Savin Juniper 3 feet on center within three years by October 1, 1998; and (6) the petitioner shall submit a performance bond in the amount of $3, 000 to ensure proper instal- lation of drainage improvements, concrete curbing, landscaping and the screening fence. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. ORDINANCE NO. 1052 RECODIFYING THE FRIDLEY CITY CODE CHAPTER 206, ENTITLED "BUII,DING CODE " BY AMENDING SECTIONS 206 O1 02� 206.01.03. 206.01.04 206 03 O1 206 03 02 206 05 O1 206.07.07. AND 206.10.04 fTABLED MAY 22 1995)• Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this ordi- nance would increase building permit fees by approximately forty percent. She stated that the last increase in these fees was in FRIDLEY CITY COIINCIL MEETING OF JIINE 12, 1995 PAGg 20 1988. She stated that a smaller increase of about twenty percent is being recommended on plumbing and electrical permits. Councilman Schneider questioned why the cost for inspections was $180,000. Ms. Dacy stated that staff will be conducting a time analysis on new permits and reviewing the amount of time for inspections without any overhead. She stated it is hoped that this analysis can be completed by the end of the month to answer this question. Councilman Billings asked if anyone applying for grants or loans felt the permit fees were outrageous. Ms. Dacy stated that complaints were only received in the customer service area. " Councilman Schneider stated that if the City was in a competitive situation it would not be possible to raise fees by forty percent. Ms. Dacy stated that all other communities are adopting the same fees. She stated that Fridley does not charge a plan review fee which can add fifty percent to the cost of permits. Councilman Schneider stated that he believed it is in the City's interest to have residents expand and remodel their homes, but a forty percent increase in fees is punitive. He felt that there had to be more efficiency. Councilman Billings stated that when there was an analysis of fees completed several years ago, it was noted that the fees being charged were not covering the costs of administration. He stated that the Council made a conscious decision at that time not to raise the fees. He stated that if the fees had been raised there would not be this great of an increase now. He felt that the ques- tion is if the Council should raise the fees so they are closer to generating the amount of revenue needed to cover the costs for administration. Councilwoman Bolkcom stated that whether it is business or government, costs have to be reviewed very closely. She stated that she would like to explore user friendly issues to encourage people to renovate and remodel their property. MOTION by Councilman Billings to waive the second reading and adopt Ordinance No. 1052 on the second reading and order publication. Seconded by Councilwoman Boikcom. Upon a roll call vote, Councilman Billings, Councilwoman Bolkcom, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. FRIDLEY CITY COIINCIL MEETING OF JUNE 12, 1995 PAGE 21 NEW BUSINESS• 3. APPROVE RE UEST FOR PROPOSAL FOR CITY WIDE CURBSIDE COLLECTION OF REFUSE• Councilwoman Jorgenson asked if there was difficulty in getting the garbage haulers in Fridley to cooperatively work with the City for clean-up week. Ms. Dacy, Community Development Director, stated that an informa- tional meeting was conducted on the concept of curbside pickup. She stated that, in general, there was a lot of concern from the haulers about the amount of refuse that would appear at the curb and the ability to handle the items. Councilwoman Bolkcom stated that the members of the Clean-Up Committee never saw such a negative group of people. She stated, that since that time, there has been a meeting with Susan Young, Minneapolis Solid Waste Program Director, and she believes the City will be able to obtain the number of trucks necessary on a one-time basis like it is done in Minneapolis. Councilwoman stated that she believed that Ms. Young gave Lonni McCauley, Executive Director of the Fridley Pride City Wide Committee, a list of those haulers. Councilman Schneider stated that he heard the issue was the time element to pick up and dump the items. He stated that the need for 42 trucks exceeds the capability of the local haulers. Councilwoman Jorgenson stated that she wanted to e�ress her dis- pleasure with the licensed haulers in the City regarding their uncooperative attitude in assisting with the clean-up. MOTION by Councilwoman Jorgenson to authorize staff to initiate the Request for Proposal (RFP) process for City-wide curbside collection of refuse. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 36-1995 APPROVING OF THE TRANSFER OF CONTROL OF KBLCOM INCORPORATED FROM HOUSTON INDUSTRIES INCORPORATED TO TIME WARNER INC.: MOTION by Councilman Schneider to adopt Resolution No. 36-1995. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. STATEMENT BY COUNCILMAN BILLINGS REGARDING THE REZONING OF PROPERTY AT 73RD AND UNIVERSiTY AVENUES: Councilman Billings stated that public hearings were held before the Planning Commission and City Council regarding the rezoning of property at 73rd and University Avenues. He stated that no final FRIDLEY CITY COUNCIL MEETING OF JUNE 12 1995 PAGE 22 decision has yet been made by the Council regarding this rezoning and it is no "done deal." Councilman Billings stated that much vf the discussion at the Planning Commission meeting involved the liquor store, mostly in response to questions raised by the neighborhood. He stated that at the Council meeting, the presentation revolved around the proposed liquor store site as a possible use which was primarily in response to questions the neighborhood raised at the Planning Commission meeting. He stated that members of the Planning Commission and the Council stated that the motivation for consi- dering the rezoning was the need to relocate the Liquor Warehouse. It was, however, emphasized that the decision to rezone and the decision to relocate the Liquor Warehouse were separate and distinct decisions. Councilman Billings stated that none of the PZanning Commission members deserved the treatment they have received in letters and comments made by several of the residents of Melody Manner, and he felt those that made disparaqing comments should apologize to the members of the Commission. Councilman Billings stated that he met with City staff on several occasions to review several possible alternate sites for a Liquor Warehouse. He stated that the sites which were reviewed included the vacant Amoco store at Osborne Road and University Avenue, the vacant land on East River Road south of Mississippi, the property in the northeast corner of University and Mississippi, the site on Osborne Road near the Dairy Queen, and several others. He stated that, except for one site, all were unacceptable for a variety of reasons including availability to purchase, size, not enough traffic, and accessibility. Councilman Billings stated that one site appears to prasent reason- able access, and is a commercial shopping area with good traffic counts and good visibility to northbound traffic. He stated that while it is not perfect, he felt it should be considered as a possible alternate site. He stated that this site is located on the southwest corner of University Avenue and Osborne Road adjacent to the current Pet Food Warehouse. He stated that the site has been reviewed by Mr. Scott, a real estate agent that specializes in finding locations for commercial businesses. He stated that Mr. Scott feels this site is suitable for the Liquor Warehouse. Councilman Billings stated that a letter was sent to the attorney representing the current owner of this site, and a response was received that the owner would consider selling a portion of the property of the property to the City. He stated that he met with Councilwoman Bolkcom, as the site is in her ward. She agrees that this could be a possible alternate site for the Liquor Warehouse. Councilman Billings stated that while a market study may find this site to be less prosperous in terms of potential sales, the City may have to make a trade-off between what would seem to be in the FRIDLEY CITY COIINCIL MEETING OF JIINE 12, 1995 PAGE 23 best interests of the City and the peace and tranquility of the citizens. MOTION by Councilman Billings to request staff to review a free standing building on the Pet Food Warehouse site as a possible location for the Liquor Warehouse. Further, that staff commence immediate negotiations for the purchase of 40,000 to 50,000 square feet of land from the owner with cross parking and cross driveway easements at a minimum, that any purchase shall be subject to approval of the City Council and staff be directed to have the architects review what must be done to re-site the store at this location, and that they confer with the market analyst to determine the differences between the sale projections for this site and the current proposed site. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that he did not believe there would be any time for informal discussion, as he requested the Council to postpone adjournment of this meeting and to proceed to an execu- tive session to discuss potential litigation. MOTION by Councilman Billings to adjourn to an executive session for purposes of discussing potential litigation. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Council at 11:12 p.m. entered into a closed executive session. MOTION by Councilwoman Bolkcom to approve the proposal to provide for a settlement for potential litigation for the Cherrywood Apartment tenants. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilwoman Bolkcom, Councilwoman Jorgenson, Councilman Schneider, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the FridZey City Council of June 12, 1995 adjourned at 12:15 a.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor r _ � i Community Development Department PL�NG D�SION City of Fridley DATE: June 22, 1995 � TO: William Burns, City Manager,�tA � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Approving a Rezoning Request, ZOA #95-03, by RMS Company; 970 Osborne Road N.E. The City Council conducted a public hearing regarding the rezoning request at its May 22, 1995 meeting. The zoning code requires approval of an ordinance in order to change the zoning. The City Council approved the first reading of the attached ordinance approving a rezoning request from M-1, Light Industrial to C-2, General Business, for property located at 970 Osborne Road N.E. at its June 12, 1995 meeting. Recommendation Staff recommends that the City Council approve second reading of the attached ordinance. MM/dw M-95-353 1.01 ORDINANCE NO. ORDINANCE TO AMEND THE CiTY CODE OF THE CITY OF FRIDLEY� MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to the stipulation adopted at the City Council meeting of , 1995. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing on the North line of the Northwest Quarter of said Section 12, at a point 34 rods east of the Northwest corner of said Section 12, Township 30, Range 24, thence East on the section line 10 rods; thence South and parallel with West line of said Section 16 rods; thence West parallel to the North line 10 rods; thence North to the point of commencement; excepting therefrom, However, the East 104 feet of the foregoing described parcel and subject to a public roadway over the North 33 feet thereof, AND Outlot 1, of Nagel's Woodlands, .AND All the land, if any, lying East of outlot 1 hereinabove noted as Parcel B, and West of the parcel of land hereinabove noted as Parcel A and lying between the Westerly extension of the North and South lines of that land hereinabove noted as Parael A, generally located at 970 Osborne Road N.E. Is hereby designated to be in the Zoned District C-2, General Business.. SECTTON 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-1, Light Industrial to C-2, General Business. 1.02 Page 2 - Ordinance No. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: May 22, 1995 First Reading: June 12, 1995 Second Reading: Publication: 1.03 ZOA ��95-03 RMS Company SPRING LAKE PARK � I 1 AMPERT `S � S�co7NER D/TION � 2I `+.. a ° . . .. _ OSBORNE RD. ",�, re� B •;� { �, r,_ :.e, .� I _ .o. t��4AaR � - i , - " "lT�Ut�17S� - ' � � � � � � ` � Z� �', ' ; ~� FRIDLEY � ... l ,' . I i ' ,3 �, �F ... �.,, '�'a °-�' ...�� AND�RSON � . 4 . � -- — - , , � ',' �:: � � "' / ; �: 2,:: f i4 � , r' pN i: I R :� ,.�' � � �- A�� I :rF;: �.2✓ " .,,,,- I - W � , �, ,n , o,_ , DEVELOPMENT . � � - . t a _ � � • '; 3ay ,� '� � Q� • :...v.��rt. _ ., I s 1' 2� ,.� _� �� REPLAT � 'c�'' �� ' . �v.., ... ' a :�Z t �+' . °'�' � � i � m, i . ' - ;r., i� � o.�m.iry �/cJ � '��3 i _. ( — ,r�... � ,��) ��.�,,.�_ ': �� i � I w�.n R.✓��, i. elr`.r- '- N :i�5 � � � � Y % � � /1• , : I � < 1 � .�p / .iI, t (U� -� • (r) �O f ce�8 W .f (*� ''j, �7 y' - Z —� �._.�t_ ' �l � � \ c...v w ( ` t r.s: ' � l^� }' � i � � _ / // 1 � i �> . � � M..iSufO N� /K06ie✓ il /� W � . 7 � _,_• � 4� �hy a � = FI !; m; /2��` ' B ,-' v � -. - r----- .� �9 . � � _� . 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I ' / 2 3 w s� io i a i3 � v s h� i 2 5 /�l �. �4� � � �' 731l2 AVE.~N.E. - Zli� [6 '''� � � . , ` � , (�� • • - • „' L2,,. .. ;,. 27 !n ir. „ / a 3 � s r s B i io a ir i3 .v ir �� M� fi� ' !A •• a �. � . _ / - �.' .: .. . , - i�___ . . -i_"'__'1 � - . i . � t _ r. l z f IY /II CO � j � a.• nww u«� � SE ./1 23 � � _______ 1.04 L 24 � T N �CATfON MAP � _ � DATE: TO: FROM: Community Development Department PLANNING DIVISION City of Fridley June 22, 1995 William Burns, City Manager �� Barbara Dacy, Community Development Director SUBJECT: Establish Public Hearings for July 10, 1995 for Rezoning, Plat, and Vacation Requests for Rottlund Homes Inc. and the Fridley HRA The City Council must conduct public hearings for the rezoning, plat, and vacation requests related to the redevelopment of the southwest corner of the University Avenue and Mississippi Street intersection. It is anticipated that the City Council will need at least two meetings to review the proposed development plan, as was done by the Planning Commission. Therefore, it is recommended that the City Council conduct the public hearings on July 10, 1995 and continue the public hearings to the July 24, 1995 meeting. The purpose of the public hearings on July 10, 1995 will be to review the computer simulation videotape of the development, review the proposed housing types, review the proposed traffic pattern, and review the proposed buffering/landscaping/open space issues. The developer will revise the plan based on City Council comments, for review by the City Council on July 24, 1995. First and second readings of the ordinances for the rezoning and the vacation will occur in August. Approval of the resolution for the plat will also occur in August. The developer needs at least six weeks to grade the site and beqin utility installation for Fall construction. The HRA will need to approve the development contract in August or early September depending on City Council action. The Planning Commission at its April 26, 1995 meeting recommended approval of all three requests subject to a number of stipulations. BD/dw M-95-359 2.01 If_' V� j � ^ _ � _� �� F+ r� M� � `� `� ! ^� � M � �� V I �� r- �� i , � � � � � � � d d� � � �� r V � � � � � N � �- a �M � �� Street Rottlund �� • � w �` `� =� �� , I ....: --. . � _.. � � �. �� University Avenue N.E. e developer is requesting the following: , i .. A change iri the zoning of the propecty !rom commerciat and muttiple family rESidentiai to ' j . . _ redevelopment distrtct, . ;, � • A new �ubdiivision of the property wit6 new lota snd lot line�. ` The release of the City': intereat in roads and e�emenb nud dedkxtion otnew streets nud es�sement�. ; e developer is proposing a residentiel development comprised of tbndominiums a�d townhomas, all owner-occupied. 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Community Development Department PLANNING DIVISION City of Fridley DATE: June 22, 1995 TO: William W. Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott H'ickok, Planning Coordinator Lisa Campbg�(�lanning Associate SUBJECT: Council Action: Consideration of 1995 Anoka County Joint Powers Agreement for Residential Recycling � Each year Anoka County receives roughly $850,000 in SCORE funds from the State of 1Vfinnesota. SCORE stands for the Governor's Select Committee On Re,cycling and the Environment. SCORE funds are generated from a 6.5% sales tax on refuse hauling services. Anoka Counry redistributes the entire $850,OQU of SCORE funds it receives to its municipalities and townships through Joint Powers Agreements. The 1995 Joint Powers Agreement for residential recycling with the City of Fridley is attached for your review. This year the City of Fridley is eligible for up to $82,954.b6 in SCORE funding. The 1995 funding formula is given below: Base Amount +$6. Z 6 per household + bonus payment = Eligibility Amount The 1995 eligibility level is given below: $10,000 + $67,550.56 + $5,404.10 = $82,954,66 The Joint Powers Agreement must be executed by the City Manager before staff can pursue reunbursement for eiigible expenses. Staff recommends ttiat Council authorize the Mayor to execute the 1995 Anoka County Joint Powers Agreement for residential recycling. If you have any questions regarding this matter, please feel free to contact Lisa at extension 594. LC:da M-95-356 3.01 Anoka Cout�ty Contract # 9(�239-5 AGREEMENT EOR RES[UENT[AL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 23rd day of May, 1995, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF FR[DLEY, hereinafter referred to as the "MUNiC[PAL[TY"_ W ITNE5SETH: WHEREAS, Anoka County has received $758,639 in funding from the State of Minnesoca Qursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds"); and WHEREAS, the Caunty wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling prog�-ams. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this AQreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. 2. TERM_ The term of trus Agreement is from January 1, 1995 throu�h December 31. 1995, unless earlier terminated as provided herein. 3. PROGRAM_ The Municipality shall develop and implement a residential solid waste recycting program adequate to meet the Municipatity's annual recycling goal of 2,475 tons as establisheci by the County. "Recycling" means the process of cotlecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclabie materials in a manner that precludes further use. "Recyclab(e materials" means materials that are separated from mixed municipal solid waste for the purpose of recycting, includin� paper, glass, plastics, metals, fluorescent lamps, and vehicle batteries. Itefuse derived fue( or other material that is destroyed by incine.ration is not a recyclabie material. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.931. , 4. REPORTING. The Municipality shall submit the followina reports semiannually to the County no later than July 20, 1995 and January 20, 1996: v A. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers ar►d drop-off centers. For recycling programs, the MuniciQality shall certify the number of tons of each recyc(able material which has been collected and the number of tons of each recyctabte material which has been marketed. For recyciing programs run by other persons or entities, the Municipality shal( �lso provide documentation on fo�ms provided by the County showing the tons of materials that were recycled by the MuniciQality's residents thmugh these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality sha�{ aiso report the number of cubic yards or tons of yard waste collected for composting or 3.02 � � [andspreadin��, to��ether wilii a description of the methodology used Cor c:ilculations. Any oiher matenai removed from the w;�te stream by tl�e Municip�ility, i.e, tires and used oi(, shall also be reported separately. B. Infocmatian regarding any revcnue received from sources other than the County for the Municipaiity's recyc(ing probrams. C: Copies of a(l promotion.il materials that have been prepared by the Municipality during the term of this Aareement to promote its recycling programs. The Municipality a�rees to fumish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program mar�agement purposes, and repoRin� to the Metropolitan Council and the State of Minnesota. 5. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 1995 and January 20, 1996. Costs not billed by January 20, 1996 will not be eligible for fundin�. The invoices shall be paid in accordance with standard County procedures. subject to the approval of the Anoka Counry Board of Commissioners. 6. ELIGIBILITY FOR FUNDS. The Municipality is entided to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $82,954.66. The project maximum for eligible expenses shall be computed as foliows: A. A base amount of $10,000.00 for recycling activities oNy; and B. $6.16 per household for recycling activities only. C. A suQplemental grant of $5,404.10 {hereinafter referred to as a"Supplemental Grant") for problem material management, solid waste recyc(ing and yard waste abatement programs to be disbursed to the Municipality within thirty days of execution of this Agreement. Notwithstanding anything in this Agreement to the contrary, the Municipaiity shai( be entitled to use said Supptemental Grant monies only for e(igible expenses paid by the Municipality during the period January 1, 1995, through June 3Q, 1995, for probiem material management, solid waste recycling and yard waste abatement programs. On or before July 20, 1995, the Municipality shail submit a reQoR itemizing the expenditures of the Suppiementai Graat monies on a�port form provided by the County, together with receipts verifying said expenditures. Any Supp[ementai Grant monies not expended by the Municipality on or before June 30, 1995, shall be retumed to the County. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the county and the Sta[e of Minnesota. The Municipality shall maintain striet accountatiility of all funds and maintain records of all receipts and disbursements. Such records and accounts shali be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to retlect that all funds received under this Agreement wene expended in accordance with Minn. Stat. § 115A.557. subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain recocds of the quantities of materiats recycled. All ceoords and a,ccounts shaii be netained as provided by law, but -2- 3.03 in no event for a period of less than three years from the last receipt of payment from the County pursuant to this Agreement. 8. AUDIT. Pursuant to Minn_ Stat. § I66.06, Subd. 4, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, inctuding the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including atl books, records, documents, and accounting procedures and practices of the MuniciQality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shal( have access to the project site(s), if any, at reasonable hours. 9. GENERAL PROVISIONS A. In performing the provisions of this Agreement, both parties agree to comQ(y with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special govemmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota. for the use of SCORE funds provided to the Municipaliry by the County under this Agreement. B. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full empioyment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take �rmadve action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, tern►ination, selection for training, rates of pay, and other forms of compensation. C. The Municipality shall be responsib(e for the performance of all subcontracts and shali ensure that the subcontractors perform fully the te�ns of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. D. The Ivlunicipality agrees that the Municipality's employees and subcontractor's employees who fall within any job classification established and published by the Minnesota Depart�nent of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Depalmien� Each Municipality and subcontractor Qerforming woric on a public project sfiall post on the project the applicable prevailing wage rates and hourty basic rates of pay for the County or area within which the project is being performed, inc(uding the effective date of any changes thereof, in at least one conspicuous place for the information of the employees working on the project. The information so posted shalt include a breakdown of contributions for health and welfare benefits, vacation benefits, pension benefits and any other economic benefit required to be paid. E. It is understood and agreed that the entire Agceement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties retating to the subject matter hereof. -3- 3.04 ::. .::: F. Any antendments, alterations, variations, modifications, or w:iivcn <�1� this Agrecn�cnt sh.�li he valid only when dley have been reduced to writin�, duly signcd by tt�c parties_ G. Contracts let and purchases made under this Agreemen� shati he made by t�ie Municipality in conformance with ait laws, rules, and rebulations app��cable to the Mu�iicip�ility. H. The provisions of trus Agreement are severable. [f any paragraph, section, subciivision. - sentence, ctause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining poRion of this Abreement. 10. PUBLICATION. The Municipality shall acknowledge the financial assistance of the Counry on all promotional materials, reports and pub(ications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). il. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost cf defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its pubiic o�cials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision sha(1 survive the termination or expiration of the term of this Agreement. 12. TERMINATION_ This Agreement may be terminated by mutual written aareement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination_ If this Agreement is terminated, assets acquired in whole or in part with funds provided �nder this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. , -4- 3.05 [N WITNESS WHEREOF, the parties hereunto set their hands as of the dates first writtcn abc�vc: COUNTY OE' ANOKA By� — Dan Erhart, Chairman Anoka Counry Board of Commissioners Date ATTEST: John "Jay" McLinden County Administrator Date: Approved as to form and leaality: Assistant County Attomey C[TY OF FR�DLEY By: Ivan Title: Date: Municipality's Clerk Date: Approved as to form and legality: L•�CIV ATTY�PCNI,OW-TECFNtECYCLIN�(,'ONTRpC7ViECYCL95.M RG -5- 3.06 r � � Community Development Department PLANNING DTVISION City of Fridley DATE: June 22 , 1995 �� TO: William W. Burns, City Manager � FROM: Barbara Dacy, Community Development Director Scott H'ickok, Planning Caordinator Lisa Campb�lanning Associate SUBJECT: Council Action: Request for Proposal (RFP) City Wide Curbside Collection of Tree Branches and Brush � Staff has been working with Lonni McCauley, Executive Director of Fridley Pride City Wide, the refuse haulers and the City attorneys to develop a Request for Proposal for City Wide Curbside Collection of tree branches and brush. The Request for Proposal seeks tree branch and brush removal services for all residential and multi-unit househoids in the City of Fridley. Requested service items include: Clam Trucks with Operator, Haul Trucks with Operator and Two Person Clean-Up Crews. The proposal assumes 40 hour work week, and a11 proposers will provide an hourly rate for each service unit identified above. The collection activity will be completed during the week of September l lth through the 15th. Should the collection period extend beyond the 15th, the Gontraetor will not be paid overtime, but will be paid at the same hourly rate of the first 40 hours of the job. The Request for Proposal also permits a Contractor to subcontract in order to complete the work requested under the Proposal. Other significant features include a 7 a.m. to 3 p.rn, work day, and a�performance bond from the Contractor for 75% of the value of the contract. The City will be responsible for routing the trucks. Staff will use recycling service route maps to complete this task. Staff Recommendation: Staff recommends that Council authorize staff to initiate the Request for Proposal process for City Wide Curbside Collection of Tree Branches and Brush. If you have any questions regarding this matter, please feel free to contact Lisa Campbell at extension 594. LC:da 4.01 M-95-355 / L_J U DATE: TO: FROM: SUBJECT: Community Development Department PL�nvrrrG DrviSION City of Fridley June 22, 1995 William Burns, City Manager ,�� Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator Consider Resolution Approving Addendum to Joint Cooperation Agreement with Anoka County for 1996- 1998 CDBG Program Since 1987 the City has had a Joint Cooperation Agreement with Anoka County covering participation in the Community Development Block Grant (CDBG) Program. Over the last eight years, the agreement has been amended from time to time to allow for continuing participation in the CDBG program, as well as to adopt rule changes. The present funding cycle ends this year and the next cycle begins in 1996 and runs through 1998. In order to continue to participate in the CDBG program with Anoka County, the City needs to approve the addendum by resolution. A copy of the resolution and addendwn are attached. In addition to covering the new funding cycle, the addendum allows the City to participate in the HOME program and modifies some definitions in the existing agreement. , Recommendatian staff recommends that the Council approve the attached resolution approving the addendum to Joint Cooperation Agreement with Anoka County for the 1996-1998 CDBG program and authorizing the Mayor and City Manager to execute all necessary documents. GF/ M-95-358 5.01 RE30LIITION NO. - 1995 RE30LIITION APPROVING ADDENDIIM TO THE JOINT COOPERATION AGREEMENT WITH ANORA COUNTY FOR PARTICIPATION IN 1996-1998 CDBG PROGRAM. WHEREAS, the City of Fridley (the "City") receives funds through the Urban Anoka County Community Development Block Grant Program (the "Program") for the purposes of funding community development activities; and WHEREAS, the City has previously executed a Joint Cooperation Agreement with Anoka County for the Program; and WHEREAS, Anoka County has presented an Addendum to the Joint Cooperation Agreement which allows for continued participation in the CDBG and HOME programs, modifies the term to cover the 1996- 1998 programs and adds definitions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FRIDLEY, MINNESOTA ACTING BY AND THROUGH ITS CITY COUNCIL AS FOLLOWS: Section 1. The City Council hereby approves the Addendum to Joint Cooperation Agreement with Anoka County covering participation in the Urban Anoka County Community Development Block Grant Program. Section 2. The Mayor and City Manager are authorized to execute the Addendum. PASSED AND ADOPTED BY THE CITY COUNCIL F4R THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 5.02 Ancrka Counly Cuninict No. ADDENDUM TO JOINT COOPERATION AGRCEMENT THIS ADDENDUM is made and entered into this day of , 1995, the date of the signature of the parties noiwithstanding, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County," and the City of Fridley, 6431 University Avenue Northeast, Fridley, Minnesota 55432, hereinafter refened to as the "MuniciQality," said parties to ti�is Addendum each being governmental units of the State of Minnesota, and is made pursuant to Minn. Stat. § 471.59 W ITNFSSETH: WHEREAS, the parties entered into a Joint Cooperation Agreement (the Agreement) under Title I of the Housing and Ccmmunity Development Act of 1974, as amended, to provide for a program of community development block grants; and and WHEREAS, said Agreeme�t has been amended by two subsequent Addendums to the Agreement; WHEREAS, the parties wish to again amend said Agreement. NOW, THEREFORE, in consideration of the mutual covenants and understandings contained herein, the parties do hereby agree that said Agreement, as amended, is hereby amended as follows: 1. Section I. DEF[NITIONS, Paragraph A. is hereby amended to read as follows: A. The "CDBG Act" means Title I of the Housing and Community Development Act of 1974, 42 USC § 5301, et seq., as amended. 2. Section I. DEFINITIONS is hereby amended by adding the following paragraph: E. "Home Act" means the Home Investment Partnership Act, Title _I[ of the Cranston-Gonzales National Aff�rdahle Hc►using Act, 42 USC § 12701, et seq., as amended. -1- 5.03 3. 4. paragraph: 5. paragraphs: Section lI. PURPOSE is hereby amended to rcad as fe�llows: A. Municipality and County have determined that it is desirable and in the interest of its citizens that the County qualifies as an urban county within the provisions of the CDBG Act and Home Act. This Agreement contemplates that identical agreements will be executed between the County and other cities and towns in the County and such numbers will enable the County to so qualify under the CDBG Act and Home Act. B. The purpose of this Agreement is to authorize the County to cooperate with the ivlunicipality in undertaking, or assist in undertaking, essential community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing pursuant to the CDBG Act and Home Act as authorized in said acts. Section III. TERM OF AGREEMENT is hereby amended by adding the following D. Notwithstanding anything herein to the contrary, this Agreement shall remain in effect until the CDBG and Home funds and program income received with respect to the activities carried out during the three-year qualiti�ation period (and any successive qualification period) are expended and the funding activities completed, and neither the County nor the Municipality may terminate this Agreement during said time periad. Section V. SPECIAL PROVISIONS is hereby amended to by adding the following H. By executing this Agreement, the Municipality understands that , it: 1. May not apply for grants from appropriations under the Small Cities or State CDBG Programs .for. tiscal years during the period in which it participates in the County's CDBG Program; and 2. May participate in the Home Program only through the Urhan CounTy Consortium oti Anoka, Dakota, Ramsey and Washington counties. Thus, even if the Urban County Consc�rtium does not receive a home formula ;�►� 5.04 6. of the parties. 7. and effect. U ; ;.. , allocati�n, theparticipating Municipality cannot fc+rm a home conscirtium with other local governments. I. The County and Municipality shall comply with Section !04(b) of Title I of the :�ousing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Community Deve(opment Act of 1974, and other applicable laws_ It is speci�caJly understood and agreed that the County shall not provide funding for activities in or in support of any Municipality that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. This Addendum es hereby made a part of and shall be amended to the Agreement All other terms and conditions of the original Agreement shall remain in full force -3- 5.05 IN WITNESS WHEREOF, the parties have signeci this Addendum un the dates wcitten below. COUNTY OF ANOKA By: Dan Erhart, Chairman Board of Commissioners Dated: ATTES'I' By: John "Jay" McLinden County Administrator Dated: Upon proper eacecution, this Addendum will be legally valid and binding. By: Daa Klint Assistant County Attorney APPROVED AS TO EXECUTION By: Dan Klint Assistant County Attorney Dated: ak�,o-,n�iv9s�r�;aky.�aa -4- 5.06 CITY OE FR[DLEY �: ir�: Mavor Dated: : Its: C��'y f'taha q�r Dated: CITY MUST CHECK ONE: The City is organized pursuant to: � Plan A P(an B Chartered : ',�p� COp , ..' � O• .....r�yr� s ,',, `7 :� ` �!; -�'�r P '. ' M�NNESOt COUNTY OF AN�KA Urban Anoka County Communiiy Deve%pment Block Grant GOVERNMENT CENTER 2100 3rd Avenue • Anoka, Minnesota 55303-2265 •(612) 323-5709 June 13, 1995 Mr. Grant Fernelius, Housing Coordinator City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Grant: Attached are three copies of the Addendum to the Joint Cooperation Agreement between the City and Anoka County. The Agreement allows the City to participate in the Urban Anoka County Community Development Block Grant (CDBG) Program. The Addendum to the Agreement is necessary to: 1) 2) 3) allow cities to participate in the HOME Program in addition to the CDBG Program. change the term to cover the 1996 - 1998 programs. add some definitions required by the change. Please have the documents signed and return all three copies to me with Council/Board action authorizing participation in the Anoka County CDBG and HOME programs. HUD has a strict timetable so I must receive these from you no later than June 30, 1995. AAO:sw Enclosures (3) cc: Jay McLinden Tom Durand Sincerely, �� C�-°,°-�� Alyce A. Osborn Community Development Manager 5.07 Affirmative Action / Equal Opportunity Employer f . CITY OF FRIDLEY M E M O R A N D U M TO: WILLIAM W. BURNS CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: ELECTION JUDGES AND POLLING PLACES FOR SPECIAL PRIMARY ELECTION DATE: JUNE 22, 1995 The attached resolution appoints election judges for the June 27, 1995 Special Primary Election in House District 52A. If you have any questions concerning this resolution, please contact Bill at extension 323. s.� 1 RE50LUTION NO. - 1995 RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE JUNE 27, 1995, STATE REPRESENTATIVE HOUSE DISTRICT 52A SPECIAL ELECTION NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, at a regular meeting on June 26, 1995. SECTION l. SECTION 2. SECTION 3. That on the 27th day of June 1995, there shall be a State Representative House District 52A Special Election: That the polling places for said election shall be as follows: Ward 1 Precinct 3 Ward 1 Precinct 4 Ward 2 Precinct 4 Ward 3 Precinct 3 Ward 3 Precinct 4 Fridley Municipal Center Fridley Senior High School North Park Elementary School 5tevenson Elementary School Fridley Covenant Church That the polling place will be open from 7:00 a.m. to 8:00 p.m. SECTION 4. That the following people are hereby appointed to act as Judges for said election except that the City Clerk is hereby authorized to appoint qualified substitutes as set forth in Chapter 4, Section 4.05 of the City Charter. WARD 1 PRECINCT 3 *Bernadette Bovy Nina La.ndt Dorothy Veres WAR.D 1 PRECINCT 4 *Muriel Pomeroy Adeline Haidle Sylvia Weeks WARD 2 PRECINCT 4 *Jackie Walther Naida Kruger Ruth Sydow WARD 3 PRECINCT 3 *Laurie Harris Darlene Vallin Irene Maertens Irma Kelly Marlene O'Donnel Jean Coyle Marlys Lisowski Janet Griffith Dorraine Newland Eleanor Heyda Joanne Cedarholm Barbara Enrooth Velma Farr Marie Nelson 6.�2 a Page 2-- Resolution No. - 1995 WARD 3 PRECINCT 4 *Suzanne Alvite' Jane Hosman Pat Welf *HEAD JUDGE HEALTH CARE CENTER Bernadette Bovy Patty Larson Beverly Steeves Joanne Ranem Norma Rust SECTTON 5. That the following judges are appointed to act as chairperson of the Election Board for the precincts designated and shall have the duties set forth in Section 204B.20 of Minnesota Statutes. Ward 1 Precinct 3 Ward 1 Precinct 4 Ward 2 Precinct 4 Ward 3 Precinct 3 Ward 3 Precinct 4 Bernadette Bovy Muriel Pomeroy Jackie Walther Laurie Harris Suzanne Alvite' sECTION 6. Compensation for said Judges will be paid at the rate of $7.00 per hour for regular Judges and $7.50 for the Chairperson of the Election Board. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 6.03 WILLIAM J. NEE - MAYOR MEMORANDUM � Municipal Center � 6431 University Avenue Northeast Fridley, Minnesota 55432 C'.�0� (612) 572-3507 FRiDLEY FAX: (612) 571-1287 Memo -ta: William W. Burns, City Manager �'� Wiiliam C. Hunt Assistant to the City Manager From: William C. Hunt, Assistant to the City Manager O�p%� r� Subject: 1995 Police Contract Date: June 23, 1995 Attached is the Iabor agreement and accompanying resolution setting forth terms and conditions of employment for police officers in 1995. The following changes to the 1994 Police Contract have been incorporated into the 1995 Police Contract. 1. Article 9. Seniority. Changes deadline for choosing vacation by seniority from May 1 to March 1 of each year. 2, Article 17. Insurance. Changes maximum monthly City contribution for Iife, health, and dental insurance from $31S to $345 for employees choosing dependent coverage and from $205 to $210 for employees choosing single coverage. 3. Article 22. Wage Rates. Increases wage rates by three percent (3%) over 1994 wage rates. Increases monthly supplement for Investigator (detective), School Liaison Officer, etc. from $130 to $155. Increases monthly supplement for Corporal from $180 to $205. ° 4. Article 25. Annual Leave. Allows employees hired before January 1, 1984 to exchange their accumulated leave time for cash to take advantage of the catch-up provisions of the ICMA Retirement Corporation. 5. Article 31. Employee Education Program. We were not ab�e to agree on this article after two mediation sessions with a mediator from the Bureau of Mediation Services. Both parties agreed to submit this article to binding arbitration. b. Article 32. Pay for Investigator or School Resource Otiicer. Adjusts the monthly differential pay from $130 to $155 to correspond to Article 22.2. %.�'� Memo to William W. Burns 1995 Police Contract June 23, 1995 Page 2 7. Article 35. Duration. Changes the effective dates from 1994 to 1995. I request that you present this contract to the City Council for consideration at their meeting of June 26, 1995 with the recommendation for approval. c: David Sallman, Director of Public Safety Gary Lenzmeier, Deputy Director of Public Safety Herbert Zimmerman, Police Lieutenant Susan Irber, Personnel Coordinator Cyrus F. Smythe, Labor Relations Associates 7.�2 CONTRACT PROPOSAL . TO LAW ENFORCEMENT LABOR SERVICES, INC FROM THE CITY OF FRIDLEY APRIL 21, 1995 Subject to City Council approval, we are authorized to make the following offer for the 1995 contract year: Article 9. Seniority 9.6 One continuous scheduled annual leave period shall be selected on the basis of seniority until � March lst of each calendar year. After � March lst, scheduled annual leave shall be on a first come first served basis. Article 17. Insurance 17.1 The Employer will contribute up to a maximum of three hundred €ii€�ee� fo .-�ive-..dollars� �(�3�-5:98� 345.00) per montl� per°-=emplvyee� �toward health, life and long-term disability insurance, in accordance with the Employer's flexible benefit plan, for employees choosing €a�� dependent coverage for calendar year �944 1995. 17.2 The Employer will contribute up to a maximum of two hundred €r�e ten dollars ($�8�:�98 210.00) per month per employee toward health, life and long-term disability insurance, in accordance with the Employer's flexible benefit plan, for employees choosing single coverage for calendar year �9�# 1995. � • In accordance with the Memorandum of Understanding dated Januaty 4,1988, the City will contribute one hundred sixty five dollars ($165.00) per month to each member of the bargaining unit who chooses Option B of the Flexible Benefit Pian for City of Fridley Employees. Article 22. Wage Rates 22.1 The following hourly wage rates will apply for �994 1995: [3.0% increase] Start . . . . . . . . . . . . . . . . . . . . �� 12.99 � After �Six Months . . . . . . . . . . . . . �'� 13.98 After One Year . . . . . . . . . . . . . . �-13:38 15.97 After Two Years . . . . . . . . . . . . . . ¢'� 17.95 After Three Years. . . . . . . . . . . . �9:36 19.94 � 7.03 22.2 Employees classified or assigned by the Employer to the foilowing job classifications or positions will receive one hundred �� fi -five dollars �}39-08 155.00) per month or one hundred �� fi-five dollars (� 155.00) pro-rated for less than a full month in addition to their regular wage rate: Investigator (detective) � School �:tatse� Resource Officer Juvenile Officer Dog Handler Paramedic 22.3 Employees classified by the Employer to the following job classification will .receive two hundred. five dollars (�$9:�8 �20? �.4�0�� er month or ' two hundred five dollars ��:HH 2O5.00 ro-rated for less than a full month in addition to their regular wage Pate: Corporal Article 25. Annual Leave 25.5 [Add the following : to the end of the section:] desired for cash under the following conditions• a. b. c. , �Article 31. The Employee's cap is reduced by the number of days exchan�ed In no case may the cap be reduced below thirty�30�, days � Department and the I.C.M.A. Retirement Corporation Employee Education Program e 31.2 Financial assistance not to exceed the amount of two thousand two hundred fifty dollars �2 250 OO�per Employee per ,Year will be extended to cover en� the cost of turtion, required books or educational materials, and required �fees related to the course. Charges for � student union membership, student health coverage and other charges for which the student receives some item or seivices other than actual instruction will not be paid. The City will pay SO percent of the cost of tuition in advance of the employee's actual participation in the course, and the employee shall pay 50 percent of the cost. Upon successful 7.04 completion of the course, an employee will be required to present to his Department Manager a certification of satisfactory work. Satisfactory work is defined as follows: � � In courses issuing a letter grade, a C or above is required. In courses issuing a numerical grade, 70% or above is required. c. In courses not issuing a grade, a certification from the instructor that the student satisfactorily participated in the activities of the course is required. 31.3 If the Employee satisfactorily completes the course, the Employee will be reunbursed for the additional fifty percent (50%) of the tuition cost for which the Employee obligated himself or herself in the approved application as well as for the cost of any course required books, educational materials, or fees. If the Employee fails to satisfactorily complete the course, the Employee will not be reimbursed for these costs. Article 32. Pay for Investigators or �'�`��4:_.�� School Resource Officer Employe�s receiving the one hundred � fi -five dollars (�139:88 155.00) per month differential pay shall not be eligible for the overtime provisions of the contract applicable to Police Officers, but they shall be eligible to receive overtime at time and one-half the Employee's regular base rate of pay if the Employee is assigned by the Employer to work in excess of 159 hours in a 26 day work period. Article 35. Duration This Agreement shall be effective as of January 1, �9'9� 1995, and shall remain in full force and effect through the thirty-first day of December, �'994 1995. In witness whereof, the parties hereto have executed this Agreement on this day of , 1995. ' � �� _ �l. �' - t�`�:, �' �% � ,�� avid H. Saliman William C. Hunt Director of Public Safety Assistant to the City Manager Exclusive Representative 7.05 RESOLUTION NO. - 1995 A RESOLUTION APPROVING AND AUTHORIZING SIGNING AN AGREEMENT ESTABLISAING WORKING CONDITIONS, WAGES AND HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR 1995 WHEREAS, the Law Enforcement Labor Services, Inc. as bargaining representative of the Police Officers of the City of Fridley, has presented to the City of Fridley various requests relating to the working conditions, wages and hours of Police Officers of the Police Department of the City of Fridley; and WHEREAS, the City of Fridley has presented various requests to the Union and to the employees relating to working conditions, wages and hours of Police Officers of the Police Department of the City of Fridley; and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, agreement has now been reached between the representatives of the two parties on the proposed changes in the existing contract between the City and the Union; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby ap�roves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit "A") relating to working conditions, wages and hours of Police Officers of t�ie City of �ridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK %.�s EXHIBIT "A" LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 1995 7.�7 LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY a ►1� LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 1995 TABLE OF CONTEN'TS ARTICLE PAGE 1. Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Recognition ........................................ 1 3. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. Employer Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6. Union Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7. Employee Rights - Grievance Procedure . . . . . . . . . . . . . . . . . . . . 3 8. Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9. Seniority ........................................... b 10. Discipline .......................................... 7 11. Constitutional Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12. Work Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13. Overtime ........................................... 8 14. Court Time ......................................... 9 15. Call Back Time ...................................... 9 7.�8 TABLE OF CONTENTS (Continued) ARTICLE PAGE 16. Working out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17. Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 18. Standby Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 19. Uniforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 20. P.O.S.T. Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 21. Longevity and Educational Incentive . . . . . . . . . . . . . . . . . . . . . . . 10 22. Wage Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 23. Legal Defense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24. Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 25. Annual Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 26. Holidays ........................................... 14 27. Short Term Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 28. Funeral Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 29. Jury Pay ........................................... 15 30. Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 31. Employee Education Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 32. Pay for Investigators or Detectives . . . . . . . . . . . . . . . . . . . . . . . . . 16 33. BMS Case No. 85-PN-486-A, Issue 8 . . . . . . . . . . . . . . . . . . . . . . 16 34. Waiver ............................................ 16 35. Duration .. . . . ... . ...... ... . . ..... .. .. . .. . . .. . . .. . . . 17 7.09 LABOR AGREEMENT BETWEEN CTl'Y OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 Article 1. Purpose of Agreement This Agreement is entered into between the City of Fridley, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. Article 2. Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota 5tatutes, Section 179A.03, subdivision 8, for all police personnel in the following job classifications: 1. Police Officer 2. Police Corporal 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. Article 3. Definitions 3.1 Union Law Enforcement Labor Services, Inc. 3.2 Union Member A member of the Law Enforcement Labor Services, Inc. �:10 3.3 Emplovee A member of the exclusively recognized bargaining unit. 3.4 Department The Fridley Police Department. 3.5 EmploYer The City of Fridley. 3.6 Chief The Public Safety Director of the Fridley Police Department. 3.7 Union Officer Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3.8 Investigator/Detective An employee specifically assigned or classified by the Employer to the job classification and/or job position of Investigator/Detective. 3.9 Overtime Work performed at the e�cpress authorization of the Employer in excess of the Employee's scheduled shift. 3.10 Scheduled Shift A consecutive work period including rest breaks and a lunch br:eak. 3.11 Rest Breaks Periods during the scheduled shift during which the Employee remains on continual duty and is responsible for assigned duties. 3.12 Lunch Break A period during the scheduled shift during which the Employee remains on continual duty and is responsible for assigned duties. 3.13 Strike Concerted action in failing to report for duty, the willful absence from one's position, the sto�page of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment �.'i � � for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. Article 4. Employer Security The Union agrees that during the cause, - encourage, participate in interruption of or interference wit Article 5. Employer Authority life of this Agreement that the Union will not or support any strike, slow-down or other h the normal functions of the Employer. 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnet; to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. Article 6. Union Security 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be renutted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an altemate and shall inform the Employer in writing of such choice and changes in the position of steward andJor alternate. 6.3 The Employer shall make space available on the empioyee bulletin board for posting Union notice(s} and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken ar not taken by the Employer under the provisions of this Article. Article 7. Employee Rights - Grievance Procedure 7.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. �.12 7.2 Union Representatives The Employer will recognize Representatives 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 Representatives and of their successors when so designated as provided by Section 6.2 of this Agreement. 7.3 Processin� of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal worlctng hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: SteP 1• An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give 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 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step l. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 2 �.13 grievacice. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (1Q) calendar days following the Elnployer - designated representative's final answer in Step 2. Any grievance not appealed in writirig to Step 3 by the Union within ten (10) calendar days shall be considered waived. Ste 2a. If the grievance is not resolved at Step 2 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation 5ervices. Submitting the grievance to mediation preserves timeliness for Step 3 of the grievance procedure. Any grievance not appealed in writing to Step 3 by the Union within ten {10) calendar days of mediation shall be considered waived. Step 3• A grievance unresolved in Step 2 or Step 2a and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Publi� Employment Labor Relations Act of 1971 as amended. The selection of a�� arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 7.5 Arbitrator's Authoritv a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitte� in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of � law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. 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 proceedings the cost shall be shared equally. �.14 7.6 Waiver 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 Employer does not answer a grievance or an appeal thereof within the specified time limits, the U�ion 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 agreement of the Employer and the Union in each step. Article 8. Savings Clause This Agreement 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 Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The vr�iele�i provision may be renegotiated at the written request of either party. Article 9. Seniority 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis �of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work withm two years of the time of his layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignments preference after eighteen (18) months of continuous full-time employment. 0 7.15 9.G One continuous sclieduled arinual leave period shall be selected on tfle basis of seniority unti( March lst of each calendar year. After March lst, sclleduled annual leave shall be on a first come first served basis. 9.7 Employees shall (ose their Seniority for the following reasons: a. Discharge, if not reversed; b. Resignation; c. Unexcused failure to return to work after expiration of a vacation or formal leave of absence. Events beyond the control of the employee which prevent the employee from returning to work will not cause loss of seniority; d. Retirement. Article 10. Discipline 10.1 The Employer will discipline employees for just cause only. Discipline wi�1 be in one or more of the following forms: a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or e. discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. . 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5} day suspension without pay unless otherwise required by law. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 7 7.16 10.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the grievance procedure under Article VII. Article 11. CanstitutioQal Protection Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. Article 12. Work Schedules 12.1 The normal work year is an average forty (40) hour work week for full time employees to be accounted for by each employee through: a. hours worked on assigned shifts; b. holidays; c. assigned training; d. authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. Articie 13. Overtime 13.i Employees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen {15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. : 7.17 Arlic(e 14. Court Time An employee who is required to appear in Court during his scheduled off-duty tirn� shall rece�ve a minimum of three (3) hours' pay at one and one-half {1-1/2) tirries the emp(oyee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three (3) hour minimum. Articte 15. Catl Back Time An employee who is called to duty during the employee's scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. Article 16. Working out of ClassiCcation Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. Article 17. Insurance 17.1 The Em�loyer will contribute up to a maximum of three hundred forty-five dollars ( 345.00) per month per employee toward health, life and long-term disability insurance, in accordance with the Employer's fle�cible benefit plan, for employees choosing dependent coverage for calendar year 1995. 17.2 The Employer will contribute up to a maximum of two hundred ten dollars ($210.00) per month per employee toward health, life and long-term disability insurance, in accordance with the Employer's flexible benefit plan, for employees choosing single coverage for calendar year 1995. 17.3 By mutual agreement each employee may use up to fifteen dollars ($15.00) per month of health insurance dollars in 17.1 and 17.2 for group dental insurance offered through the city, in accordance with the Employer's flexible benefit plan. 17.4 The Employer will provide group term life insurance with a maximum of $25,000 per Employee and additional accidental death and disability insurance with a maximum of $25,000 per Employee. Provided that the total City cost for all insurance premiums does not exceed the amount set forth in this Article. 0 7.18 for ail insurance premiums does not exceed the amount set forth in this Article. Article 18. Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. Article 19. Uniforms The Employer shall provide required uniform and equipment items. Article 20. P.O.S.T. Training The City shall assign training at City expense for Police Officers to complete 48 hours of P.O.S.T. Board approved education during each three year licensing period. Article 21. Longevity and Educational Incentive Effective July 1, 1978, the following terms and conditions are effective, except that employees hired after January 1,1987, shall not be eligible for educational incentive. 21.1 After four (4) years of continuous employment each employee shall choose to be paid three percent (3%) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.2 After eight (8) years of continuous employment each employee shall choose to be paid supplementary pay of five percent (5%� of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.3 After twelve (12) years of continuous employment each employee shall choose to be paid supplementary pay of seven percent (7%) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.4 After sixteen (16) years of continuous employment each employee shall choose to be paid supplementary pay of nine percent (9%) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 21.6 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: 10 7.19 Educational Credits stated in terms of college quarter credits .. �. 90 - 134 135 - 179 180 or more Percentage Pay increment 3% 5% 7% 9% Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related. (Thus, a 4 year degree is not automatically 180 credits -- or a 2 year certificate is not automatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits, C.E.U.'s (Continuing Education Units) in job-related seminars, short courses, institutes, etc. shall also be counted. The Employer shall determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-370-A. Article 22. Wage Rates 22.1 The following hourly wage rates will apply for 1995: Start ............... $12.99 After Six Months . . . . . . . $13.98 After One Year . . . . . . . $15.97 After Two Years . . . . . . . $17.95 After Three Years . . . . . $19.94 22.2 Employees classified or assigned by the Employer to the following job classifications or positions will receive one hundred fifty-five dollars ($155.00) per month or one hundred fifty-five dollars ($155.00) pro-rated for less than a full month in addition to their regular wage rate: Investigator (detective) School Resource Officer Juvenile Officer Dog Handler Paramedic 11 %'.2� 22.3 Employees classified by the Employer to the fol[owing job classification will receive twa hundred five dollars ($205.00) per month or iwo hundred five dollars ($205.00) pro-rated for less than a full month in addition to their regular wage rate: Corporal Article 23. Legal Defense 23.1 Employees involved in litigation because of proven negligence, or non-observance, or non-observance of laws, or of a personai nature, may not receive legal defense by the municipality. 23.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisor, shall be reunbursed for attorney's fees and court costs actually incuned by such employee in defending against such charge. 23.3 Employer will provide protection for all Employees against false arrest charges. Article 24. Probationary Periods All newly hired or rehired employees will serve a twelve (12) months probationary period. Article Z5. Annual Leave 25.1 Each Employee shall be entitled to annual leave away from employment with pay. Annual leave may be used for scheduled or emergency absences from employment. Annual leave pay shall be computed at the regular rate of pay to which such an employee is entitled; provided, however, that the amount of any compensation shall be reduced by the payment received by the employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disabihty insurance. An Employee's accumulation of annual leave witl be reduced only by the amount of annual leave for which the Employee received compensatton. 25.2 Seniority shall apply on scheduled annual leave up to May lst of each year. After May lst, scheduled annual leave shall be on a first come, first serve basis. 25.3 A beginning employee shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 successive months). 12 7.21 An employee who h�s worked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85th) month of successive employment. An employee who has worked fifteen (15) years (180 successive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one hundred eighty-first {181st) month of successive employment. These rates are based on a forty hour regular work week. The actual amount credited to an employee in any given pay period shall be prorated according to the actual number of regular hours worked during that pay period. Hours worked on overtime, callback, or standby shall not enter into the calculatiari of the accrual of annual leave. 25.4 For an employee hired on or after January 1, 1984: The maximum total accumulation of annual leave at the end of any given year shall be thirry (30) days. Once a year, at a time designated by the City, an employee who �a� completed seven (7} years of service with the City will have the opportuniiy to exchange up to three (3) days of accumulated annual leave for cash. At the same time, an employee who has completed fifteen (15) years of service with the City will have the opportunity to exchange up to five days of accumulated annual leave for cash. 25.5 For an employee hired before January 1, 1984: Vacation accrued but unused as of December 31, 1983, shall be converteci t�� annual leave at the rate of one (1) day annual leave for one (1) day of vacation. Accrued but unused sick leave as of December 31, 1983, shall be converted to annual leave according to the following schedule. a. lst 45 days @ 1 day of annual leave for 1 day of sick leave b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave c. Remainder @ 1 day of annual leave for 3 days of sick leave In lieu of severance pay, one hour of annual leave shall be credited for each full month of employment up to a maximum of two hundred forty (240} hours. The total amount of annual leave credited to the employee's balance as of January 1, 1984, shall be equal to accrued but unused vacation plus accrued but unused sick leave converted according to the formula above plus the amount in lieu of severance pay. 13 7.22 , .. . ... , If upon conversion to the annual leave plan an employee's accumulatio�i of annual leave exceeds thirty (30) days, that amounic shall be the maximum iotai accumulation (cap) for that empioyee at the end of any subsequent year. Once a year, at a time designated by the City, an employee will have the opportunity to exchange up to five (5) days of accumulated annual leave for cash. �n addition, once a year at a time designated by the City, an employee with an accumulation of annual leave in excess of thirty (30) days will have the opportunity to exchange up to five {5) days of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap) of �n employee by an equal amount. An Employee who wishes to take advantage of the catch-up provision of ihe I.C.M.A. Retirement Corporation may exchange as many days as desired for cash under the following conditions: a. The Employee's cap is reduced by the number of days exchanged. b. In no case may the cap be reduced below thirty (30) days. c. An Employee taking advantage of this provision must fi1e the appropriate forms for the payroll division of the Finance Department and the I.C.M.A. Retirement Corporation. 25.6 Upon separation from employment with the City, an employee will be paid one (1) day's salary for each day of accrued annual leave remaining in the employee's balance. Articte 26. Holidays 26.1 Employees will receive eieven (11) holidays. 26.2 In addition to the eleven (11) holidays, Employees ass'igned to� the Patral Division shall be paid at one and one-half (1-1/2) times their base rate of pay for all hours worked on the actual holiday between the hours of midnight and midnight. Article 27. Short Term Disability 27.1 Each employee who has successfully completed the employee's probationary period shall be eligible for the short term disability benefit. Such an employee shall be entitled to fuii pay commencing on the twenty-first (21st) consecutive working day on which the employee is absent due to a physician-certified illness or injury off the job, and continuing untii the employee returns to work able to carry out the full duties and responsibilities of the employee's position 14 7.23 or ttirough the one hundred and tent(i (110th) wor4:ing day of absenee, whictiever occurs first. Such an employee shai] also be entitled to full pay comcnencing on the eleventh (11th) consecutive working day on which the employee is absent due to a physician-certi6ed il(ness or injury on the job and continuing until the employee returns to work able to carry out the duties and responsibilities of the employee's position or through the one hundredth {100th) working day of absence, whichever occurs first. The amount of any compensation for the short term disability benefit shall be reduced by any payment received by the disabled employee 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 (90) working days for any single illness or injury, regardless of the number and spacing of episodes. The annual leave balance of an employee receiving short term disability benefit shall not be reduced, nor shall such employee acerue annual leave during that period. 27.2 Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The City also reserves the right to have an examination made at any time of any employee claiming payment under the short term disability benefit. Such examination may be made on behalf of the City by any competent person designated by the City when the City deems the same to be reasonably necessary to verify the illness or injury claimed. 27.3 If an employee hired before January 1,1984, has received payments under the injury-on-duty provisions of previous contracts, the number of days for which payment was received will be deducted from the number of days of eligibility for coverage under short term disability for that same injury. Article 28. Funeral Pay Funeral leave will be granted to full time employees up to a maximum of three days. Funeral leave is granted in case of deaths occurring in the immediate family. For this purpose immediate family is considered to be a spouse, child, parent, grandparent, brother or sister, mother-in-law and father-in-law. Article 29. Jury Pay It shall be understood and agreed that the City shall pay all regular full time employees serving on any jury the difference in salary between jury pay and the employee's regular salary or pay while in such service. 15 7.24 � , ,;I:K�4KK...i�w0.kti^t!i.':S!'.i:>,.... ...... . . . . . , . . . , ... . . . . . . .. .�.. ... .. . . . . . . ..y... ... . , . . ,.. . . . . . . . . f Article 30. Compensatory Time Management reserves the right to approve compensatory time in lieu af overtime pay. Compensatory time shall not be accumulated in excess of twenty-four {24) hours, and must be used within the calendar year in which it was accumulated as determined by the employer. Article--31. Employee Education Program [Substance of article to be determiued by interest arbitration BMS Case No. 95-PN-1167.] Article 32. Pay for Investigators or Schoot Resource Ot�icer Employees receiving the one hundred fifty-five dollars ($155.00) per month differential pay shall not be eligible for the overtime provisions of the contract applicable to Police Officers, but they shall be eligible to receive overtime at time and one-half the Employee's regular base rate of pay if the Employee is assigned by the Employer to work in excess of 159 hours in a 26 day work period. Article 33. BMS Case No. 85-PN-486-A, Issue 8 The City shall establish a minimum of two months between each shift change in the rotation. Article 34. Waiver 34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 34.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to aay term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in wntmg in ihis Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment refened to or covered in this Agreement or with respect to any term or condition of employment not specifically refened to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negoriated or executed. 16 7.25 Articte 35. Duratiou This Agreement shail be effective as of the first day of January, 1995, and shall remain in fu(1 force and effect through the thirty-first day of December, 1995. In witness whereof, the parties hereto have executed this Agreement on this day of , 1995. FOR �ITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager FOR LAW ENFORCEMENT LABOR SERVICES. INC. � ( �� 9' �� Kurt orse, Steward I hereb recommend approval of this � � ._ ,n .r� � �J ir / � 17 7.2s � � _ C�� F FRIDLEY NlEMORANDUM Municipai Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 �'r Memo To: William W. Burns, City Manager ,�{�`�r From: subject: William C. Hunt Assistant to the City Manager Ailliam C. Hunt, Assistant to the City Manaqe 1995-1996 Contract with the Twin City Area IIrban Corps Date: June 22, 1995 ri�yf� � . ��' Each year the City of Fridley enters into a contract with the City of Minneapolis to participate in the Urban Corps Program. As a participant the City can employ students who have Federal Work Study Grants to work as interns. The City pays between 46.5 and 71.5 percent of the salary, and Federal Work Study money makes up the difference. For example, a student from the University of Minnesota might receive $5.75 per hour for intern work, and the City would pay $2.67 to the Urban Corps. The Urban Corps takes care of payroll taxes for the interns. We are responsible for worker's compensation insurance. In order to participate in the Urban Corps program, it is necessary for the City of Fridley to contract with the City of Minneapolis. The required contract is attached. I request that you present this matter to the Fridley City Council at their meeting on June 26, 1995 for a motion authorizing the Mayor and City Manager to sign the attached contract with the City of Minneapolis. WCH/ j b 8.01 Contract with Twin Cities Area Urban Corps 1995 - 1996 • Funnels federal work study grants. • City pays between 46.5% and 71.5% of houriy rates. • Students receive per hour $5.75 $6.00 $6.50 $6.75 $7.00 $7.50 $8.00 $8.50 • Payroll taxes - Urban Corps • Workers' Compensation Insurance - City � • Recent Usage Cable TV Intern 8.02 URBAN CORPS PAYMENT SCHEDULE (612)673-3027 WORK-STUDY Work-Study funds are awarded to each student by his/her college or university. The administrator from each school determines how much money the student can earn and how much of the hourly cost that the school will pay. When a referral is made, the student's Urban Corps application form will contain specific information about your cost per hour, the number of hours the student may work, etc., in the box on the far right at the bottom of the page. Your cost will range from 46.5% to 71.5%. PERCENTAGE YOUR COST PER HOUR AT INT�RN RATE OF: RATE: $5.75 $6.00 $6.50 $6.75 $7.00 $7.50 $8.00 $8.50 46.5 2.67 2.79 3.02 3.14 3.26 3.49 3.72 3.95 61.5 3.54 3.69 4.00 4.15 4.31 4.61 4.92 5.23 63.5 3.65 - - 4.29 - - - - 71.5 4.11 4.29 4.65 4.83 - - - - STIPEND Interns not eligible for work-study usually receive the stipend. The number of hours the student will intern is determined by the site supervisor and the intern. Urban Corps recommends at least 10 hours per week. YOUR COST STUDENT RECEIVES $30/WEEK $20/WEEK , HOURLY PAY RATE When an intern is not eligible for work-study, but the agency or department wants to pay the student an hourly rate, we charge you for the student's hourly rate plus the employer share of F:I.C.A., Medicare and the surcharge. INTERN $5.75 $6.00 $6.50 $6.75 $7.00 $7.50 $8.00 $ 8.50 RATE YOUR $6.99 $7.29 $7.90 $8.20 $8.51 $9.11 $9.72 $10.33 COST 5/2/95 8.03 1995 - 1996 AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGR�'I BETWEEN CITY OF MINNEAPOLIS AND CITY OF FRIDLEY THIS AGREEMENT is entered into this day of 19 , by and between the City of Minneapolis (herein called "Urban Corps") and CITY OF FRIDLEY , herein called "Agency"). WHEREAS, the above named Agency, a public organization or private non- profit tax-exempt organization, desires to participate in the Twin City Area Urban Corps and in consideration for the assignment of Urban Corps student interns to the Agency, we do hereby agree to the following terms and conditions: 1. The Urban Corps shall have the right to approve or reject requests for interns submitted by this Agency upon forms provided for that purpose by the Urban Cor�s_ 2_ The Agency will accept a student as an intern by completing and signing the Assignment section of the student's Urban Corps application form. 3. The Agency shall utilize such students as may be assigned to it in accordance with the specifications set forth in its written request to the Urban Corps, and shall immediately notify the Urban Corps of any change in nature of assignment, duties, supervisor or work location. 4. The Agency shall provide such students as may be assigned to it with a safe place to work and with responsible supervision. S. The Urban Corps shall have the right to inspect the work being performed by such students as may be assigned to the Agency, and shall have the right to interview such students and their supervisors. 6. The Urban Corps shall have the right to require such students as may be assigned to the Agency to attend such general or special meetings, or to appear at the Urban Corps office, individually or as a group, as shall be necessar�r for the proper functions of the prog�am. 7. In accordance with the requirements of Federal and State law, work performed by such students as may be assigned to the Agency shall: a. Be in the public interest; b. Not result in the displacement of employed workers or impair existing contracts for services, or fill positions that are vacant because of a labor dispute: c_ Not involve the construction, operation or maintenance of so much of any faciiity as is used, or is to be used, for sectarian instruction or as a place of religious worship; d. Not involve any partisan or nonpartisan political activity or be for the Office of Education. : 1' 8. The Agency shall require such students as may be assigned to it to submit time reports and follow such other procedures as may be established by the Urban Corps. 9. The Urban Corps shall have the right to remove any student assigned to the Agency from said assignment and from the Agency at any time for any reason without prior notice, and the Urban Corps shall not be obligated to replace said student. 10. The Agency shall have the right to remove any student assigned to said Agency at any time with prior notice given to the student and the Urban Corps. 11. The Agency warrants that it is in compliance with the provisions of the Civil Rights Act of 1964 (P.L. 88-352, 78 Stat. 252), Minnesota Statutes, Chapter 363 and Section 181.59, the Americans with Disabilities Act of 1990 (P.L. 101-336) and Minneapolis Code of Ordinance, Chapter 139 and 141. 12. The Agency shall indemnify, protect and hold harmless the Urban Corps from all claims, causes or actions which may result from the assignments of students to the Agency or because of the acts or omissions of the students. 13. The Agency will be responsible for compensating to a work-study student any monies earned before or after the student's specified work-study award dates and/or monies earned over and above the dollar amount specified in the student's work-study award. 14. The Agency shall obtain at its own expense Worker's Compensation in- surance (or shall be self-insured under State Law) for such students as may be assigned to it under this Agreement. For the purposes of the Agreement the Agency shall be deemed the student's employer and that no employment relationship exists between the student and Urban Corps, and, further, that no employment relationship exists between the Agency and Urban Corps. 15. The Agency shall pay to the Urban Corps 46.5% or other percentage figure, as agreed upon by identifying the percentage frgure on the student's Urban Corps application form, of the gross compensation earned by such students assigned and accepted by the Agency under a Federal or State program. The Urban Corps will bill the Agency, in accordance with bi-weekly payroll periods, for its proper share of the compensation of such students as may have been assigned to the Agency and performed work during said period. At the election of the Agency, hourly compensation for students will be set at $5.75, $6.00, $6.50, $6.75, $7.00, $7.50 $8.00 or $8.50 per hour, which will be specified in the Assignment Form which the Student intern's Agency supervisor must sign before commencement of the internship; other agreed upon hourly compensation rates not to be below the specified rates; or other rates for Urban Corps sCudent interns as established by the City of Minneapolis through a salary ordinance replacing current minimum rates. 8.05 16_ At the election of the Agency, the Urban Corps shall place students to intern under a Stipend program_ This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before commencement of the internship. The Stipend rate which the Agency shall pay the Urban Corps is $30 _ 00 per week for each week the student works. 17. At the election of the Agency, the Urban Corps shall place student interns for whom the Agency will pay the intern's total compensation plus an additional twenty-one and one half percent (21.So) for administrative costs. This option will be specified in the Assignment Form which the student intern's Agency supervisor must sign before commencement of the internship. Agency rates for students will be set at rates of $6.99, $7.29, $7.90, $8.20, $8.51, $9.11, $9.72 or $10.33 per hour; other agreed upon hourly compensation rates no� to be below the specified rates; or other rates for Urban Corps student interns as established by the City of Minneapolis through a salary ordinance replacing current minimum rates. 18. Performance under this contract shall commence on July l, 1995 and terminate on June 30, 1996 unless amended in writing as mutually agreed upon by both the Agency and the Urban Corps; however, either party may terminate upon sixty (60) days written notice. Based upon the statements and affirmations made by the Agency through the above document, the Urban Corps hereby agrees to the assignment of students to said Agency, in accordance with said document and the applicable laws and regulations. CITY OF MINNEAPOLIS By Mayor ATTEST: City Clerk COUNTERSIGNED: City Finance Officer Approved as to Legality: Minneapolis Assistant City Attorney AGENCY CITY OF FRIDLEY Agency Name Address City By Title By Title ATTEST: : � • State Zip Code ACKiVOWLEDGMENT OF SIGNATURES STATE OF ) jSS COUNTY OF ) On this day o:E _ , 19 , before me appeared and to me personally known, who being by me duly sworn did say that they are respectively the (TITLE) arid (TITLE) of (AGENCY NAME) , the agency/institution described in and who executed the foregoing instrument; that said instrument was executed on behalf of said agency/institution by authority of its Board of Directors; and acknowledge said instrument to be the free act and deed of said agency�institution. Notary Public 8.07 s Engineermg Sewer Waler Parks Streets �Maintenance �_ — TO: William W. Bums, City Manager�((� �� PW95-163 FROM: John G. Flora, Public Works Director Robert Nordahl, Operations Analyst DATE: June 26, 1995 SUBJECT: Change Order No. 1- Tennis and Basketball Court Color Coating and Overlay Surfacing Project No. 284 After reviewing the condition of the Community Park pathway, it would appear that a fabric backing should be installed first before new asphalt overlay is performed. This will help ensure greater stability and increase the new life of the asphalt pathway. Total cost to add the fabric is $488. Also, the basketball court resurfacing needs to be extended at Skyline Park. This will include 6 inches of Class 5 and 3 inches of asphalt. Total cost to add the extension is $1,145. The 1995 Park Capital Improvement program identified $68,000 for color coating and asphalt overlays. With Change Order No. 1 for $1,633 added to the original contract of $64,577, the revised contract amount is $66,210, or $1,7901ess than the budgeted amount. Recommend Council approve Change Order No. 1 in the amount of $1,633 to Dermco Construction Company for the Tennis and Basketball Court Color Coating and Overlay Surface Project No. 284. BN/JGF:cz Attachment 9.01 �� C{TY OF FR{DLEY ENGINEERING DEPARTMENT 6431 UNIVERSlTY AVENUE N.E. FRIDLEY, MN 55432 June 26, 1995 Dermco Construction Co. 2837 Aldrich Ave So � Minneapolis MN 55408 SUBJECT: Change Order No. 1, Tennis and Basketbali Cou�t Color Coating and Overiay Surfacing, Project No. 284 Gentlemen: , - You are hereby ordered, authorized, and instructed to modify your contract for the Tennis and Basketball Court Coating and Overlay Surfacing Project No. 284 by adding the foliowing work: Addition: item Quanti Price Amount 1. Community Park - Fabric 444 SY $488.00 $ 488.00 2. Skyiine Park - Extension of Base and Asphalt 45 SY 1,145.OQ 1,145.Q0 TOTAL ADDITIONS . . . . . . . . . . . . . . . . . . . $1,633.00 TOTAL CHANGE ORDERS: Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $64,577.00 Contract Additions - Change Order No.1 ....................................1,633.00 REVISED CONTRACT AMOUNT $66.210.04 9.�2 Dermco Construction Co. Change Order No. 1 June 26, 1995 Page 2 Submitted and approved by John G. Flora, Public Works Director, on the 26th day of June, 1995. � P epared by - �'— � - Ch ed by Fiora, P.E. of Public Works Approved and accepfed this day of ,�995 by DERMCO CONSTRUCTION CO. ti � �� Approved and accepted this day of , 1995 by CITY OF FRIDLEY William J. Nee, Mayor William W. Bums, City Manager 9.03 CAPITAL IMPROVEMENT PROGi�AM P ROJ ECT AREA ��2t�J��`� �I��: : PARKS June 7, 1995 ;; - - , _ , _. ': , _ � , - ��Itl�l�'i�b �'��"" 1995 PLAYGROUND EQUIPMENT UPGRADE ADA PARK IMPROVEMENT COMMONS PARK PRESS BOX COURT RESURFACING ASPHALT SURFACE REPAIRlOVERLAYS BALLFIELD SAFETY IMPROVEMENTS SPRINGBROOK GATE & SIGN "RICE CREEK PARK PARKING LOT "RICE CREEK PARK - PLAYGROUND ��'��` 1996 PARKS (ENCUMB - 94) PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS TOTAL PROJECT FOR ADA PARK IMPROVEMENT PARKS COURT RESURFACING PARKS *PLAYGROUND EQUIP. UPGRADE PARKS RIVERVIEW HEIGHTS PARK IMPR. PARKS SPRINGBROOK NATR. CTR. (NB) PARKS *CARPET REPLACE - COMM PARK BLDG PARKS 11��1��`: 1997 �FENCE @ RICE CREEK PARK ADA PARK IMPROVEMENT COURT RESURFACING HORSESHOE COURTS SHELTER (@ LOCKE PARK - PARTIAL FUNDING) OPEN AIR SHELTER — COMMUNITY PARK '`PLAYGROUND EQUIP - UPGRADE ��: 1998 TOTAL PROJECT FOR PARKS PARKS PARKS PARKS PARKS PARKS TOTAL PROJECT FOR 'RICE CREEK PARK-PICNIC SHELTER PARKS ADA PARK IMPROVEMENT PARKS COURT RESURFACING PARKS *pLAYGROUND EQUIP. UPGRADES PARKS TOTAL PROJECT FOR * NEW PROJECTS "RELOCATED PROJECTS 9.04 31,735.00 15,000.00 15,000.00 12,000.00 56,000.00 53,500.00 11,000.00 10,000.00 35.000.00 $239 235.00 20,000.00 14,OOa.00 186,000.00 40,000.00 60,0OO.Od 4,000.00 �324.000.00 �,aoo.00 20,000.00 14,500.00 20,000.00 20,000.00 223 000.00 $302 500.00 22,500.00 20,000.00 15,000.00 204.000.00 $261,500.00 � � C(TY OF FRIDLEY June 26, 1995 Type Of L_icense: CIGARETTE MN King Oriental Grocery 6566 University Ave.N.E. Fridley, MN 55432 Sinclair Retail 22005 629� Hwy. 65 N.E. Fridley, MN 55432 Terry's Amoco-Fridley 5311 University Ave. N.E. Fridley, MN 55421 FOOD ESTABLISHMENT MN King Oriental Grocery 6566 University Ave. N,E. Fridley, MN 55432 Sinclair Retail 2200� 629(1 Hwy. 65 N.E. Fridley, MN 55432 Terry's Amoco-Fridley 5311 University Ave.N.E. Fridley, MN 55421 GAMBLING Maple Lanes Restaurant 6310 Hwy.65 N.E. Fridley, MN 55432 RETAIL GASOLINE Sinclair Retail 220(15 629� Hwy. 65 N.E. Fridley, MN 55432 Terry's Amoco-Fridley 5311 University Ave.N.E. Fridley, MN 55421 LICENSES : Chan Young Sinclair Mkt.Co. Terry Presler Chan Young Sinclair Mkt.Co. Terry Presler Same Sinclair Mkt. Co. Terry Presler 11.01 Approved By: David Sallman Public Safety Director a Q �� David Sallman Public Safety Director Richard Larson Fire Inspector m� Fees: $3�.�(l $30.00 $3(1.0� $45.00 $45.Q� $45.0� $3�0.0� $6�. tl0 $6(1.00 . _ ' J � . K �jf;.-�.;:!c;Cti'h:� ,� , . ..,t, . . .. . �.. . . ...,. ., . . . �.. . . . , . � .... . . . . . . , . . . . � , . . , . . . ... .... . . . . . . . . . . . . . . ' - ... ``!� � � CITY OF FRIDLEY EXCAVATING Bolander Carl & Sons Co 251 Starkey St St Pau1 MN 55107-0216 GAS SERVICES Sharp Heating & AC 4854 Central Ave NE Minneapolis M�T 55421-1950 LICENSES Kimberly Carlson Kevin Hanson �CrENERAI. CONTRAGTOR-COMMERCIAL Brickery The 11625 W River Rd Champlin MN 5531b Roger Roy CM Construction Co Inc 12229 Wood Lake Dr Burnsville MN 55337:.i526 Dalco Roofing & Sheet Metal Inc 15525 32 Ave N Plymouth MN 55447 Charles Peterson Richard Trumble C�ENERAL CONTRACTOR-RESIDENTIAL Bruggeman J M Co (5359) 420ECoRdD Little Canada MN 55117 Michael Cahill First Choice Exteriors (4266) 2405 Annapolis Ln N #240 Plymouth MN 55441 Imperial Homes Inc (20014230) 4196 Lexington Ave Shoreview MN 55126 Nick Dingmann Richard Riemersma 11.03 JOHN PALACIO Chief Bldg Ofcl JOHN PALACIO Chief Bldg Ofcl JOHN PALACIO Chief Bldg Ofcl Same Same STATE OF MINN Same Same Lifespace Construction Inc (5846) 10020 Highview Ct Champlin MN 55316 New Convenant Construction (20006112) 5655 Otterview Tr White Bear Lake MN 55110 Paradise Construction (20014209) 5853 Fairfield Rd Mound MN 55364 Thurs Construction(934b) 5717 113 Ave N Champlin Mn 55316 HEATING Del-Air Inc 9834 James Circle Bloomington MN 55431 Sharp Headng & AC 4854 Central Ave NE Minneapolis MN 55421-1950 Riccar Heating 2387 136 Ave NW Andover MN 55304 Thrane Inc 7600 W 27 St #202 St Louis Park MN 55426 PLUMBING Midway Mechanical Inc 593 N Fairview Ave St Paul MN 55104 Nelson Bruce Plumbing 1272 S Point Douglas Rd St Paul MN 55119 SIGN ERECTOR Attracta Sign 7420 West Lake St St Louis Park MN 55426 Todd Anderson Dan Mottl Wayne Eli Kevin Thurs Scott Flom Kevin Hanson Jeff Arent Robert Thrane Mike Arcand Bruce Nelson Thomas Buettner 11.04 Same Same Same Same JOHN PALACIO Chief Bldg Ofcl Same Same Same . STATE OF MINN Same JOHN PALACIO Chief Bldg Ofcl ,.:.!,..e:;t ... .......... ......�......:...,, ,,,.,...,...,,, ..,,.....,...,,... ., .... �I W RECKING Bolander Carl & Sons Co 251 Starkey St St Paul MN 55107-0216 Kimberly Carlson 11.05 JOHN PALACIO Chief Bldg Ofcl � � ClTY OF FRIDLEY F. F. Jedlicki Inc. 14203 West 62nd Street Eden Prairie, MN 55346 ESTIMATES JUNE 26,1995 Clover Pond Diversion/52nd Avenue Floodway Project No. 222 Estimate No. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,338.00 Standard Sidewalk 29635 Neal Avenue Lindstrom, MN 55045 1995 Miscellaneous Concrete Curb, Gutter & Sidewalk Project No. 279 Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,957.94 Dermco Construction Co. 2837 Aldrich Avenue South Minneapolis, MN 55408 - - Tennis & Basketball Color Coating and Overlay Project No. 284 Estimate No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,500.00 12.01 DESCRIPTION OF REQUEST: The peritioner, New Horizon Child Care, requests that a variance be granted to allow an accessory shucture in the froirt yard. The acceSSOry structure is children's play equipment associated with the child care facility. SUMMARY OF ISSUES: The play area is proposed to be located adjacent to the tenant space; with direct acce.ss to the play area. The play area will be located over an existing water main. The City wiil need to be held haimless for equipment removaUrepairs due to water main maintenance. The City approved a similaz request for the same petitioner in 1994. RECOMMENDED ACTIONS: As the City previously approved a similar request, staff has no recommendation regarding the request. If the City Council chooses to approve the request, staff recommends the following stipulations: 1. Existing evergreen shrubs located in the south portion of the play area shall be removed and replaced with new shrubs. 2. The owner shall execute and record aga.inst the property a hold hannless agreement indemnifying the City from liability should repairs occur to the water main under the play azea. 3. Pavement markings indicating a pedestrian crossing shall be added to the parking lot to provide additional safety measures during the times of pick-up and drop-off. APPEALS COMMISSION ACTION: The Appeals commission voted unanimously to recommend approval of the request to the City Council with the stipulations as recommended by staff Petition For: Location of Property: Legal Description of Property: Size: Topography: Eaisting Vegetation: Ezisting Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Site Planning Issues: i� - . 1001 EAST MOORE LAKE DRIVE FRONT YARD VARIANCE REQUEST PROJECT DETAILS Variance to allow an accessory structure in the front yard. 1001 East Moore Lake Drive Lot 1, Block 4, Shorewood Plaza. Revised Flat Typical suburban; trces and shcubs in beds Shorewood Plaza Revised Connected Fast Moore Lake Drive Bikeway along south side of East Moore Lake Drive Play area located over water main 0 DEVELOPMENT SITE Section 205.04.OS.A of the Fridley City Code requires that accessory buildings and stsuc�.ures sha11 be permitted in the rear and side yards only. Public purpose served by this requirement: To preseive front yard areas for: 1. Adequate separation between road right-of way and the use occurring on the lot. 2 13.02 2. Area for landscaping and screening. 3. Avoid the appearance of clutter in the front of the principal building. 4. Adequate lines of sight for traf&c and visibility of the use. The petitioner proposes to locate a child care facility to serve 116 children in the westerly tenant space of the West Moore Lake Shopping Center. The child care center will employ 20 persons. As an accessory use to the child care center, an outdoor play area is proposed to be located in the green space directly adjacent to the proposed tenant space. The play area will be located between the building and the service drive adjacent to Hwy. #65. Access to the play area will be via a door in the west wall of the building. The play area will include areas of bituminous and n.ibberized material and sod. The play equipment will be installed in the play area, and the play area will be surrounded by a 4 foot high fence. The fence is proposed to be set back from the existing au� line on all sides and new shrubs will be installed between the fence and the curbline. Staff has requested that the petitioner remove the existing overgrown shrubs located along the south edge of the green space, and to install new shrubs. The play area is located over an existing water main. The property owner will be required to execute and record against the property a hold hannless agreement indemnifying the City for any repairs to the play area should the water main require maintenance. The City considered a similar request by the same petitioner in 1994. The original request by the petitioner required separation of the play area from the day care space via a driveway. The petitioner ultimately revised their plans to locate the play area directly adjacern to the tenant space similar to what is proposed in this request. The City Council approved the variance request as revised. The plans as submitted do not indicate where children will be dropped off and picked up. Some type of pavement marker indicating pedestrian crossing to the parking area should be installed to provide additional safety precautions during times of pick-up and drop-off. The amourrt of traff c level utilizing the service road is minimal, unlike the level of traffic e�cperienced by the East Moore Lake Shopping Center and the Health Club. The day care is located directly south of the Fridley Municipal Liquor Store Annex. There are no minimum distance requirements betwcen a day care and an off-sale liquor store. All distance requirements in the state and local statutes apply to on-sale establishments only. � RECOMI��NDATION: As a similar request has been previously granted, staff has no recommendation regarding the request. ff the Commission chooses to recommend approval of the request to the City Council, staff recommends the following stipulations: 1. Existing evergreen shrubs located in the south portion of the play area shall be removed and replaced with new shrubs. 2. The owner shall execute and record against the property a hold harmless agreement indemnifying the City from liability should repairs occur to the water main under the play area. 3 13.03 3. Pavement markings indicating a pedestrian crossing shall be added to the parking lot to provide additional safety measures during the times of pick-up and drop-off. ADJACENT SITES WEST: Zoning: C-3. General Shopping Center Land Use: O�ce SOUTH: EAST: NORTH: Comprehensive Planning issues: Public Hearing Comments: Zoning: C-3, General Shopping Center Zoning: C-3, General Shopping Center Zoning: P, Public Rl, Single Family Land Use: Retail Land Use: Office/RetaiUSports Land Use: Liquor Store Residential Comment was received from the property owner and the tenant to the east. Both spoke in favor of the request. 4 13.04 ! N T � co � � � a ._ � VAR ��95-13 New Horizon Child Care : _ The applicant requests a variance to allow children's play equipment to be located � in the front yard. � - This request is for a daycare center to be located in West Moore Lake�l� Shoppi�g Center` - . ' 13:05 �. � LOCATION MAP - - �._�� v � .=��• ��- , ►-.-.-s-. . / ♦�s��. ►��0��.�.� ��e�� d��• � ►��o�� .:� • •-�_�.�_��.� !,�� '�� ` ;. -�-.r.n �. � ��,��'�i��1i�i' , '� ,�,,. . �i,i�. i�� ll:��4/ 1'�� 1 ,� ��o<�� ►��,��.�� ,•�•��,,�� ►��►�� ►��i►��i:��i' ..... �-�.�. .��`,.=v :►�i�i�'��1� ►�►�i�i�i . �` v�*�.:�;�:..:;.::�..�,.,;:: , ��.ti.�. �.�. �_��I.�_�►.�.�. II: � .. i � � � 74 `; �°� uy s � a �a '� � y� y� } 7„ idA. i: Y y r�i .�3' �A 9'Y i �; � � s �� S L ' � r�� j 4 �r�� _ .• �t� s � n � �� W �U�� So °,� " � � ^p � :� " '_ r' y , � °b ' �W , �f O y � Z o� � r u � �' � � � � � � ' � � § i � ! S � � �; � . � � J . Y �= S ., ti � . . . 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In the event that Lots 2 and 3 do not de .lop, Home Depot USA shall not request a 247 square fo��C sign. QPON A VOICE VOTE, ALL VOTING AYE, CH��rIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOII3LY. / Ms. Savage requested a motion o increase the height of a free standing sign to 69 feet. MOTION by Ms. Smith, s eonded by Ms. Beaulieu, to deny Variance Request, VAR #95-12, y Home Depot USA to increase the height of a free standing s'• from 25 feet to 69 feet. IIPON A VOICE�VOTB, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTIO13iCARRIED IINANIMOUSLY. Ms. ��`Pherson stated this item would be considered by the City �otfncil on June 26. 2. PUBLiC HEARING: CONSIDERATION OF A VARIANCE RE4UEST VAR �95-13, BY NEW HORIZON CHILD CARE: Pursuant to Section 205.04.05.A of the Fridley City Code to allow an accessory structure in the front yard in order to allow construction of a children's play area associated with a day care center on Lot 1, Block 4, Moore Lake West Retail Center, generally located at 1001 NE East More Lake Drive, Fridley, Minnesota 55432, MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:27 P.M. Ms. McPherson stated the request is to allow an accessory structure in the front yard. The request is for the West Moore La.ke shopping center located at the intersection of East Moore Lake Drive and Highway 65. The property is zoned C-3, General Shopping Center District. Ms. McPherson stated the petitioner is New Horizon Child Care, who is proposing to locate in the westerly 40 feet of the shopping center. This is the location of the former Cauntry Club Market. The request is to allow construction of a children�s play area adjacent to the building. In 1994, the City considered a variance request for the same petitioner in the easterly shopping center. That request had located the children's play 13.08 APPEALS COMMISSION MEETING JUNE 6 1995 PAGE 13 area directly adjacent to the street right-of-way and the play area was to be separated by a driveway. The petitioner, once the request was reviewed by the City Council, revised their plans so that the play area would be directly adjacent to the tenant space and the children would not have to cross a driveway. That configuration was approved by the City Council. However, the negotiations between the petitioner and the owners were not fulfilled, and they are now back with a similar request at a different location. Ms. McPherson stated the children's play equipment is proposed to be installed within in a fenced area. The fence is to be four feet high and setback from the curb. Shrubs wili be installed along the fence line. There are some existing shrubs located in the southwest corner of this area which staff has requested the petitioner remove and install new shrubs consistent with those on the north and west sides. It will be more aesthetically pleasing to plant new vegetation in this area. There is a water line located underneath this particular area. Staff is recommending a hold harmless agreement be executed such that the City would be indemnified if maintenance needed to occur on that line and the play equipment needed to be removed. Ms. McPherson stated the plans do not indicate where children are to be dropped off and picked up. Staff recommends that some type of pedestrian crossing markings be added to the pavement to alert motorists that children and parents would be crossing the driveway. A service road goes north and exits onto Highway 65 at 63rd Avenue, but there is not a significant amount of traffic that would be in conflict to this particular use of the site. The day care is located directly south of the Fridley Municipal Liquor Store Annex. There is no minimum distance in the state or local requirements for separation between day care establishments and off-sale liquor stores. The distance requirement applies only to on-sale establishments. � Ms. McPherson stated staff has no recommendation regarding this - request. A similar request was previously granted by the City. If the Commission chooses to recommend approval of the request, staff reco�mends the followinq stipulations: l. Existing evergreen shrubs located in the south portion of the play area shall be removed and replaced with new shrubs. 2. The owner shall execute and record against the property a hold harmless agreement indemnifying the City from liability should repairs occur to the water main under the play area. 3. Pavement markings indicating a pedestrian crossing shall be added to the parking lot to provide additional safety measures during the times of pick-up and drop-off. 13.09 APPEALS COMMISSION MEETING, JUNE 6, 1995 PAGE 14 Mr. Kuechle asked if the petitioner was limited to a four-foot fence. Ms. McPherson stated the code does limit the height of a fence in the front yard to four feet. Anything taller would need a variance, even in a commercial district. Mr. Blumentals stated he would answer any questions about the site plan. He has no problem with the stipulations. They will take out the existing plants as requested. They always use a four-foot fence. They were here one year ago with a request for another site. As it ended up, they received approval for moving the play area next to the building but it was not financially feasible for the landlord. They now have a site that does not require the extra expense. He thought this was the perfect location. New Horizon Chi1d Care wants to be located in Fridley. Ms. Kremi stated New Horizon is anxious to be in the City. They are more than willing to agree with the stipulations. Dr. Vos asked what their idea was for where the pick-up and drop- off would be for this location. Ms. Kremi stated there will be an entrance near the west wall. Parents will park in the lot and walk to the entrance. Dr. Vos stated parents would still need to cross the service drive. He asked if the tenant to the east would still located there. Ms. McPherson stated yes. Dr. Vos stated this business has bus traffic. Ms. Kremi stated their busy time is from 7:00 a.m. to 9:�00 a.m. and 4:00 p.m. to 6:00 p.m. The Sports Spree is normally open at 9:30 a.m. or 10:00 am. and is open later in the evening. � Mr. Kuechle asked where the fence would be located. Mr. Blumentals stated the fence would be about five feet in from the curb so there is room for the evergreen bushes outside of the fence. Mr. Applebaum stated they are also very excited to have New Horizon as tenants and also agree there is a demand for child care in the City. They seem to be a premier operator in the area. Mr. Davison stated they have been working very closely with New Horizon because they will have some similar type interests. They 13.10 0 APPEALS COMMI3SION MEETING, JUNE 6, 1995 PAGE 15 are concerned about the drop off and traffic. They support their efforts to be our neighbor and will answer any questions. Dr. Vos asked if the starting times would be a problem. Mr. Davison stated they do have groups but most come between 9:00 a.m. and 9:30 a.m. There could be some congestion in the afternoon. Between 4:00 p.m. and 6:00 p.m. is usually their down time. He thought it would work out. He hoped to work out an interchange for drop-off. Our business is a family entertainment and their's is family need. They will work together. MOTION by Dr. Vos, seconded by Ms. Smith, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:40 P.M. Dr. Vos stated, since they looked at this request in a different location, this is much easier. The location is more visible and easier to drop-off and pick-up because you can get in and get out more easily. This has to be caZled a front yard but he would call it a side yard. He would vote in favor of the request with the stipulatians. Ms. Beaulieu agreed. Everyone seems happy to go along with the request. MOTION by Dr. Vos, seconded by Ms. Beaulien, to approve Variance Request, VAR #95-13, to allow an accessory structure in the front yard in order to allow construction of a children's pZay area associated with a day care center on Lot 1, Block 4, Moore Lake West Retail Center, generally located at 1001 NE East More Lake Drive, Fridley, Minnesota 55432. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. � Ms. McPherson stated this item would be considered by the City Council on June 26. 3. UPDATE ON PLANNING COMMISSION AND COUNCIL ACTIONS Ms. McPherson provided an update on Plann'�g" Commission and City Council actions. ADJOURNMENT MOTION by Ms. Smith, seconde by Dr. Vos, to adjourn the meeting. 13.11 � _ � . Community Development Department PI.A►NNING DIVISION City of Fridley DATE: June 22, 1995 �y � �o TO: William Burns, City Manager,� � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Approving a Rezoning Request, ZOA #95-02, by the City af Fridley, Generally Located at 73rd and University Avenues The City Council conducted a public hearing regarding the rezoning request, to rezone property generally located at the intersection of 73rd and University Avenues from M-2, Heavy Industrial to C-2, General Business. At the public hearing, the City Council requested information regarding the distance of the proposed liquor store site to the adjacent parks. Staff prepared the attached matrix showing the distance of the liquor store's location to a variety of parks located within the City. Parks located in the center part of the City were chosen for comparison. The zoning code requires the City Council to approve an ordinance in order to change the zoning. Staff recommends that the City Council approve first reading of the attached ordinance rezoning the subject parcel from M-2, Heavy Industrial to C-2, G�neral Business. MM/dw M-95-352 14.01 DISTANCE OF LIQUOR STORE SITES FROM PARKS IN MILES, "AS THE CROW FLIES" PARK DISTANCE TO DISTANCE TO OLD LOCATION NEW LOCATION Edgewater Gardens .20 1.02 Commons .56 1.33 Terrace .51 .82 Sylvan .25 1.28 Jay .12 .94 Manomen (County) .56 .97 Plaza .51 .61 Community .66 .3 6 Locke .82 .41 Meadowlands .87 1.07 Madsen 1.28 .41 14.02 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MARING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Tract A, Registered Land Survey No. 78, generally located at 7299 University Avenue N.E. Is hereby designated to be in the Zoned District C-2, General Business. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-2, Heavy Industrial to C-2, General Business. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. GHAMPA - CITY CLERK Public Hearing: May 22, 1995 First Reading: Second Reading: Publication: 14.03