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02/24/2003 - 4632OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING FEBRUARY 24, 2003 0 r� a � c` F � � � � CfTY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 24, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, AflflRFSS ANfl /1'FM NUMBFR YOU AR� /N1�RFSTFD /M. � , , . �� . f,�� t� .. / �`� '�2\\� /��/�� Y � l ' �':�� '� ��! ,i,i . , /. , !�' , i /�.�.,%. , , „ .. . . � ��.. . , „ ��. .. � �, Z'�i,�.H., %,,, .., v , � . I'`- �� t� y� (�� G� � � � � � ' l S' -�`�r�� c.. /�✓ C�i�'r/-i�Y�� ^' �5.�/c.� `�!�-7`Z -/�' l c i r ��-� c� � ��r� ` �i � �� ( v�.� ' �t' � u°�-�-�: � �.1 � � S � bS IJ� �.,. ' ° � � �-� I�Er� C� ' �� A�--F�'? t� �. �-� _ �r�. i � �+ � � n d -�-'" S 4' >'� l � I 3 �v� z :-� � %GZ v� )��L�i / � � � ,� , �, _ �. ��_ �� , ,-- �,v� �� i % ,,Z �G�,�/ i�v' c��a__ � G i� � � ca 1 � ` CITY COUNCIL MEETING OF FEBRUARY 24, 2003 CnY OF FRlDLEY The City of Fridley will not discriminate against or hazass anyone in the admission ar access to, or . treatment, or employment in its services, programs, or activities because of race, color, creed, reliaion, national origin, seY, disability, age, marital status, seYUal 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. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 10, 2003 NEW BUSINESS: 1. Variance Request, VAR #03-02, by Skywood Apartments, Reducing the Hard Surface . and Parking Setback from any Street Right-of-Way from 20 Feet to 0 Feet, Generally Located at 1200 Cheri Lane � (Ward 1) ............................................................................'...................... 1 - 6 2. Approve Agreement for Residential Recycling Program between the City of Fridley and the Countyof Anoka ......................................................................................... 7- 13 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 24, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Resolution Approving a Partnership Contract � with the State of Minnesota for Transportation . Related Technical Services ........................................................................ 14 — 20 4. Resolution Authorizing Changes in Appropriations for the General Fund for November through December, 2002 .......................................................... 21 - 23 5. Resolution Authorizing Signing an Employment Agreement Between Certain Employees Represented by Local No. 1986 .............................................. 24 - 43 6. Appointment to Environmental Quality and Energy Commission ............................................................................ 44 7. Claims .................................................................................................. 45 r - u i 8. Licenses .................................................................................................. 46 - 49 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 24, 2003 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Estimates .................................................................................................. 50 - 57 - ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. PUBLIC HEARING: 10. Consideration of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generally Located in the Right-of-Way South of 5541 Fifth Street N.E.) (Ward 1) .................................................................................................. 58 - 60 OLD BUSINESS: _ � 11. Second Reading of an Ordinance Amending Chapter 214 of the Fridley City Code Pertaining to Automatic Changeable Signs ................................................... 61 - 62 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 24, 2003 PAGE 4 NEW BUSINESS: 12. First Reading of an Ordinance Amending Fridley City Code Chapter 603, Intoxicating Liquor, Defining Bowling Centers .................................................................. 63 - 65 a 13. Variance Request, VAR #03-04, by Timothy " Miller, to Reduce the Front Yard Setback, Generally Located at 591 Dover Street N.E. (Ward 3) .................................................................................................. 66 - 77 14. Informal Status Reports .................................................................................. 78 ADJOURN. � .. .. � . FRIDLEY CITY COUNCIL �IEETING OF FEBRUARY 24, 2003 _., � �� The City of Fridley �vill not discriminate against or harass anyone in the admission or access to, or treatment, or employ-ment in its ser��ices, programs, or activities because of race, color, creed, reliQion, national ori�in, sex. disabilitv, a,e. marital status, seYUal orientation or status with re�ard to public assistance. VUpon request, accommodation will be provided to allow individuals wzth disabilities to participate in any of Fridley's services, programs, and activities. HearinQ impaired persons who need an interpreter or other persons �vith disabilities �vho require auxiliary aids should contact Roberta Collins at �72-3�00 at least one �veek in advance. (TTD/�Z2-3�3�) PLEDGE OF ALLEGIANCE. `�I `�°� APPROVAL OF PROPOSED CONSENT AGENDA: � NEW BUSINESS (CONTINUED): � 5. Resolution Authorizing Signing an APPROVAL OF PROPOSED CONSENT AGENDA: � Employment Agr2ement Between Certain �� Employees Represented by Local No. APPROVAL OF MINUTES: 1986 ................................... 24 - 43 City Council Meeting of February 10, 2003 NEW BUSINESS: 1. Variance Request, VAR #03-02, by Skywood Apartments, Reducing the Hard Surface and Parking Setback from any Street Right-of-Way from 20 Feet to 0 Feet, Generaily Located at 1200 Cheri Lane (Ward 1) ................................... 1 - 6 2. Approve Agreement for Residentiai Recycling Program between the City of Fridley and the County of Anoka ............................. 7 -13 3. Resolution Approving a Partnership Contract with the State of Minnesota for Transportation Related Technical Services ............ 14 — 20 i3 4. Resolution Authorizing Changes in Appropriations for the General Fund for November through December, 2002 .................................. 21 - 23 � �-1 l� 6. Appointment to Environmental Quality and Energy Commission ................. 44 7. Claims 8. Licenses 9. Estimates . � ...:............................. 45 .................................. 46 - 48 ................................. 50 - 57 �j � � ADOPTION OF AGENDA. '� ��-f'�' OPEN FORUM, VISITORS: Consideration pf items not on Agenda —15 minutes. - � . FRIDLEY CIT�" COL1iCIL �IEETING OF FEBRU�RY 24, 2003 PUBLIC HEARING: !�� , 5��_ �_� P_� � � S /� 10. Consideration of an Ordinance Under Section � y'� 12.06 of the City Charter Declaring Certain �_��g ��. Real Estate tc be Surplus and Authorizing � the Sale Ther�of (Generally Located in the i k- � Right-of-Way South of 5541 Fifth Street N.E.) �� (Ward 1) .................................. 58 - 50 � OLD BUSINESS: 11. Second Reading of an Ordinance Amending Chapter 214 of the Fridley City Code Pertaining to Automatic Changeable / Signs.................................. 61 - 62 � l`�� NEW BUSINESS: 12. First Reading of an Ordinance Amending �� Fridley City Code Chapter 603, Intoxicating w`�r Liquor, Defining Bowling Centers ...... 63 - 65�; �� it' ,�` �!` ,��3 � �� l �u� 13. Variance Request, VAR #03-04, by Timothy �� I��` Miller, to Reduce the Front Yard Setback, '� Generally Located at 591 Dover Street N.E. (Ward 3) ................................... 66 - 77 � � 14. Informal Status Reports ....................... 78 a �l� � � l � � � /� � � ADJOURN. � t" ,�. � PAGE 2 THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2003 MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 10. 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: ' Mayor Lund led the Council and audience in the Pled�e of Allegiance to the Flag. _ ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom MEMBERS ABSENT: None. OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Frederic W. Knaak, City Attorney PROCLAMATION: PAUL MCCARRONAPPRECIATIONDAY—FEBRUARYII, 2003 Mayor Lund read and presented a proclamation to Paul McCarron which proclaimed Tuesday, February 1 l, 2003, as "Paul McCarron Appreciation Day." Commissioner McCarron thanked Council for the proclamation. He said it was hard for him to retire. Someone recently told him he would be able to do what he really enjoyed doing. He replied that he had been doing what he enjoyed for 30 years, and that was serving the people. Mayor Lund thanked Mr. McCarron and his wife, Lois McCarron. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 27, 2003. APPROVED. r —� FRIDLEY CITY COUNCIL NIEETING OF FEBRUARY 10, 2003 PAGE 2 NEW BUSINESS: 1. RECEIVE THE iVIINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 15, 2003. APPROVED. 2. RESOLUTION NO. 11-2003 RECEIVING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION " OF CERTAIN I1�IPROVEMENTS: vIARIAN HILLS NEIGHBORHOOD STREET INIPROVEMENT PROJECT NO. ST. 2003-1. _ Dr. Burns, City Manager, stated the 2003 neighborhood street reconstruction program included 52"d Avenue, Taylor Street, Fillmore Street, Pierce Street, Buchanan Street, Lincoln Street, Skywood Lane, and Skywood Court. The resolution before Council received the feasibility report and established March 3, 2003, as the public heazing date for this project. Staff recommended Council's approval. ADOPTED RESOLUTION NO. ll-2003. 3. RESOLUTION NO. 12-2003 ENTERING INTO AN AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO THE TRUNK HIGHWAY 65 AND MISSISSIPPI STREET INTERSECTION. Dr. Burns, City Manager, stated the City's responsibilities were outlined by this agreement. They included paying the electric bill for the signals and paying to relamp them as necessary. The City was not being asked to participate in any construction costs. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 12-2003. 4. RECEIVE BIDS AND AWARD CONTRACT FOR THE REPAIR OF WELL NO. 1 AND WELL NO. 11. Dr. Burns, City Manager, stated the low bidder for this work was Bergersen-Caswell of Maple Plain, Minnesota. Their bids were $38,880 for Well No. 1 and $34,130 for Well ' No. 11. While the total of the two bids was greater than the amount budgeted, they expected the actual cost to be well within the budget. Staf� recommended the bids be _ received and the contract awarded to Bergersen-Caswell. RECEIVED THE FOLLOWING BIDS FOR THE REPAIR OF WELL NO. 1: BERGERSON-CASWELL, $38,880; KEYS WELL, $42,600; E.H. RENNER, $�1,304; AND TRAUT WELL, $54,635. FRIDLEY CITY COUNCIL rIEETING OF FEBRUARY 10, 2003 PAGE 3 RECEIVED THE FOLLOWI�IG BIDS FOR THE REPAIR OF WELL NO. 11: BERGERSON-CASWELL, �3-�,130; KEYS WELL, $3�,995; AND TRAUT WELL ��1,99�. AWARDED THE CONTRACT TO BERGERSON-CASWELL IN THE AMOITNT OF $38,880 FOR THE REPAIR OF WELL NO. 1 AND $3�,130 FOR THE REPAIR OF WELL NO. 1 L " 5. APPROVE CHANGE ORDER NO. 1 FOR THE MUNICIPAL G�RAGE OFFICE EXPANSION PROJECT. e Dr. Burns, City Manager, stated there were three minor additions to the contract for the Municipal Garage eYpansion project for soil work, below-ground insulation, and ceiling construction. There was also a deduction for a window that was replaced between the office and the mechanics bay. The net new cost was $1,785. Staff recommended Council's approval. APPROVED. 6. APPOINTMENT: CITY EMPLOYEES. Dr. Burns, City Manager, asked that Council consider a motion to appoint two police officers. Dr. Burns said that Jeff Schoeberl was a youth worker with the Fridley Police Department. He had a B.A. in psychology and sociology from Hamline University and was a candidate for a Master's Degree in social work at Augsburg College. He completed his law enforcement skills course at Metro State University. In addition to working for Fridley, he was also an assistant probation officer for Anoka County. Dr. Burns said that Joseph Gerhardt had an Associate of Arts Degree from Century College. He completed his law enforcement skills course at Minneapolis Community College. He had been a Community Service Officer for both the Fridley and Blaine Police Departments. Staff recommended the appointments. APPOINTED JEFF SCHOEBERL AS PATROL OFFICER. r APPOINTED JOSEPH GERHARDT AS PATROL OFFICER. 7. CLAIMS. AUTHORIZED PAYMENT OF CLAIM NOS. 109809 THROUGH 110052. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10. 2003 8. LICE�iSES. APPROVED THE LICENSES AS SUBNIITTED AND AS ON FILE. 9. ESTIVIATES. APPROVED THE ESTIMATES AS FOLLOWS: Park Construction Company 7900 Beech Street N.E. Fridley, MN 55432 �7�n Avenue Sanitary Sewer Improvement Project No. 346 Estimate No. 6 ........................................................................ $ 31,987.06 CM Construction Company, Inc. 1221 � Nicollet Avenue South Burnsville, MN 55337 Municipal Garage Expansion Project No. 343 Estimate No. 3 ..................... Frederic W. Knaak, Esq. Knaak & Kantrud, P.A. 3500 Willow Lake Blvd. Suite 800 St. Paul, MN 55110 .......................................... $126,175.20 Legal Services Rendered as City Attorney for the Month ofJanuary, 2003 ..................................................................... $ 5,450.00 Newquist & Ekstrum, Chartered 6401 University Avenue N.E. Suite 301 Fridley, MN 55432 r Legal Services Rendered as City Prosecuting Attorney for the Month of December, 2002 ............................................................... $ 17,554.50 No persons in the audience spoke regarding the proposed consent agenda items. PAGE 4 0 0 FRIDLEY CITY COUNCIL NIEETING OF FEBRUARY 10, 2003 PAGE 5 MOTION by Councilmember Barnette to approve the consent agenda items. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LITivD DECLARED THE MOTION CARRIED UNANIVIOUSLY. ADOPTION OF AGENDA: - MOTION by Councilmember Bolkcom to adopt the agenda as submitted. Seconded by Councilmember Billings. � UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIi�TOUSLY. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: 10. CONSIDERATION OF AN INTOXICATING LIQUOR LICENSE FOR CRAB HOUSE MUSIC CAFE OF FRIDLEY, INC., LOCATED AT 6161 HIGHWAY 65 N.E. (WARD 2). MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:42 P.M. Dr. Burns, City Manager, stated this was an application for an on-sale intoxicating liquor license for the Fridley Crab House Music Cafe located at 6161 Highway 65. The restaurant was formerly known as the Shorewood Restaurant. With the change in ownership, it was required that the new owner apply for a new license. The business will operate as the Fridley Crab House and Music Cafe. The Public Safety Department reviewed the request and found no reason not to approve it. Staff recommended that Council hold the public hearing. He said the owner, Thomas - Howard, was present at the meeting. He stated if there were no questions, the license would be on the agenda for approval on February 24 and would then be forwarded to the State of Minnesota for approval. � Councilmember Billings asked if Mr. Howard would tell them a little bit about himself. Mr. Howard replied they currently had a location in downtown historic Stillwater called the St. Croix Music Cafe. He said they were proud to make Fridley their home for their second location. FRIDLEY CITY COUNCIL NIEETING OF FEBRUARY 10, 2003 PAGE 6 Councilmember Billings asked �vhat rype of restaurant it would be. Mr. Howard stated it would not be a formal restaurant. He said the restaurant would be casual. There would be live music on Friday and Saturday with some special events throughout the year. He said they were not going to charge customers to come in and hear live music. The restaurant menu focused on steaks, seafood, and pasta. He said they would have a nice environment but yet people could still have fun. Mr. Howard stated he was born and raised in St. Paul. He graduated from the University of ' Minnesota and had been in the food service most of his life. This was the second restaurant he had opened. He said he had worked for a lot of different operators and had been a student of the _ industry for a long time. He said he enjoyed working with people. Councilmember Billings asked if staff had explained to Mr. Howard the food and liquor ratio requirements contained in the Fridley City Code. Mr. Howard replied that he was well awaze of the requirements. Councilmember Billings stated that there were some potential plans for the improvement of Highway 65 by the Minnesota Department of Transportation. He said he wanted to make sure Mr. Howard was aware of the plans. Mr. Howard replied that he was told that there could potentially be some changes made to Highway 65. Councilmember Billings agreed and stated he just wanted to make sure there were no surprises to him somewhere down the line. Mr. Howard said he was concerned about closures of Highway 65 as well as lane shifts. Councilmember Billings stated there might be some lane shifts during construction. He doubted if they would detour anything on the east side of Moore Lake. He said the City's Public Works Director would be able to answer that question. Mr. Haukaas, Public Works Director, stated plans for proposed construction for Highway 65 would be built under traffic a half at a time. There was no way to detour the road without some major impacts to the adjacent areas. - Mr. Howard stated he appreciated the insight. � Councilmember Billings stated it would be predicated on Minnesota Department of Transportation funding availability. It could happen in a year or two or even ten years. Councilmember Barnette asked if there was going to be dancing at the restaurant. FRIDLEY CITY COUNCIL �IEETING OF FEBRUARY 10, 2003 PAGE 7 Mr. Howard said the dance floor was left out. For special events, they may use a portable dance floor. He said he did not think the Fridley location was set up properly to provide dancing. Councilmember Wolfe said he thought they would do well at that location. Mr. Howard stated he was excited and was looking forward to working with the City. Councilmember Bolkcom asked when he thought the restaurant would be open. Mr. Howard said he hoped they- could open the first weekend of ��larch. He said he had already booked bands for March 7 and 8. The Health Department needed to come in and give final approval. The building officials also needed to inspect the repairs made because of the fire. He thanked City staff and stated they had been very professional to work with. Mayor Lund welcomed him to Fridley and offered his best wishes for success. Councilmember Billings asked for their web site address. Mr. Howard stated it was: stcroi�crnusiccafe.com. Once it is ready, the web site address for Fridley would be: fridleymusiccafe.com. Mr. Howard introduced the general manager, Ms. Jessica Bertzyk. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 7:58 P.M. NEW BUSINESS: 11. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 214 OF THE FRIDLEY CITY CODE PERTAIlvING TO AUTOMATIC CHANGEABLE SIGNS. Mr. Hickok, Community Development Director, indicated Council talked about changing the regulation in Chapter 214 regarding changeable message signs. The current language said the message could not change more than once every 15 minutes except for a sign displaying time, temperature, and/or date. The Court determined the City was, in essence, regulating content by separating the message from time and temperature. Content-based regulations of signs had been ruled unconstitutional. The proposed amendment removed all content-based regulations. It removed the time exemption for time, temperature, and date and required that all messages not change more than once every 45 seconds. Sians permitted with the special use permit included automatic changeable signs that were permitted in all districts except residential districts, and then only after the issuance of a special use permit. The special use permit would be subject to the following minimum conditions: conformance of the sign requirements within that district anri FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2003 PAGE 8 the message could not change mare than once every 45 seconds. Staff recommended that Council hold the first reading of the ordinance. Councilmember Billings stated there were two changes. One change was from the message changing once every 15 minutes to once every 4� seconds. They discussed this at the public hearing at the last Council meeting. He said they were prepared to introduce this several months ago when one of the City's businesses was cited for violations of the sign code. At that time they had staff hold up on the matter until they had some preliminary hearings before the court. The court said that time and temperature were not subject to the time constraints, and therefore the City was controllinQ the content of signs. Staffs recommendation was to not only shorten the length of time from 1� minutes but to also remove the provision for displaying time, temperature and date. He said he thought the 45-second time limit might be too long for time and temperature to be displayed. He thought it should be dropped down to something in the neighborhood of every 10 or 15 seconds. Councilmember Wolfe stated he would like to start at 45 seconds and if it worked and there were no problems it could be changed. He thought it would be more difficult to add time than it would be to take it away. Councilmember Bolkcom stated her concern was similar to Councilmember Wolfe's. At this point she could not support a sign changing every 15 seconds. Councilmember Barnette stated he would be willing to agree with 45 seconds to start with. He said they were all worried about the flash and the distractions. Councilmember Wolfe asked about moving lights. Mr. Hickok replied that part of the ordinance stayed in tact and it was very clear about motion and about flashing and chasing lights. Councilmember Wolfe asked if they were going to do anything about illumination. Mr. Hickok replied, no. They have not, nor have their colleagues, figured out a way they can do that successfully. He said they may need to bring in a sign expert to help Mayor Lund stated he had heard that it was hard to regulate because there were no set standards in the industry. He said he thought 15 seconds was a considerable amount of time, but would go along with what they wanted to do. Councilmember Billings stated that there are also other ordinances that control such things as public nuisance. He said there might be enforceable qualities in other ordinances. Mr. Hickok agreed with Councilmember Billings. He said there are some other protective elements. For example, there was language about not causing a distraction from safety signal devices. Even though we could not tell them how bright or dim the lights were, we could clearly say it was a distraction from the signaled intersection. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10. 2003 PAGE 9 MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIIVIOUSLY. 12. INFORMAL STATUS REPORTS. - Dr. Burns stated the latest edition of the newsletter should be mailed within the neYt few days. _ Mayor Lund said it looked very good and they did a great job. Councilmember Wolfe stated that his gymnastics team won the tri-metro conference. Councilmember Bolkcom stated she would like to discuss the commission openings after the meeting. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE FEBRUARY 10, 2003, CITY COUNCIL MEETING ADJOURNED AT 8:22 P.M. Respectfully submitted, Denise M. Letendre Recording Secretary 0 Scott J. Lund Mayor r / AGENDA ITEM � CITY COUNCIL MEETING OF FEBRUARY 24, 2003 CffY OF FRIDIEY Date To February 18, 2003 William Burns, City Manager R� � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #03-02, Skywood Apartments M-03-25 INTRODUCTION Dr. Levitan, owner of the Skywood Apartments located at 1200-1290 Cheri Lane, is seeking a variance to reduce the parking and hard surface setback from any street right-of- way from 20 feet to zero feet to recognize a pre-existing condition. Steve Anderson, property manager for Dr. Levitan, is the petitioner on this request. Council may recall declaring the triangular piece property, where the parking lot is located, excess and authorizing the sale thereof to Dr. Levitan. A number of conditions were placed on the authorization of the sale, including the removal of one parking stall that was in the right-of-way and obtaining a variance to recognize the remaining sub-standard parking setback. The parking stall has since been removed and this variance request will recognize the pre-existing parking condition, allowing Staff to complete the sale of the property to Dr. Levitan. APPEALS COMMISSION RECOMMENDATION At the February 12, 2003, Appeals Commission meeting, a public hearing was held for VAR #03-02. After a brief discussion, the Appeals Commission recommended approval of variance request, VAR #03-02, as this variance is simply recognizing an existing non- conformity. � THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Appeals Commission. 0 City of Fridley Land Use Application VAR #03-02 February 12, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Steven Anderson Cedar Management — Skywood Apartments 1280 190`h Avenue NW Cedar MN 55011 Requested Action: Variance reducing the hard surface and parking setback from any street right-of-way. Existing Zoning: R-2 (Two Family Units) & C-3 (General Shopping) Location: 1200 Cheri Lane Size: 140,147 sq. ft. 3.217 acres Existing Land Use: Multiple Family Housing. Surrounding Land Use & Zoning: N: Interstate 694 & Right-of-way E: Single Family 8� R-1 S: Single Family & R-1 W: Menards & G3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.15.5.D.(5).((a)) require.s a setback of twenty (20) feet from any street right-of-way for parking and hard surface area. Zoning History: 1963 — Lot is platted. 1962 — Four, 18 unit apartment buildings constructed. 1963 — Garages constructed. Legal Description of Property: See attached survey. Public Utilities: Home is connected. Transportation: Cheri Lane provides access to the property. Physical Characteristics Typical suburban property and landscapinq. SUMMARY OF PROJECT The petitioner, Mr. Anderson, of Cedar Management, is seeking to reduce the parking and hard surface setback from any street right-of-way from 20 feet to zero feet. SUMMARY OF HARDSHIP "Requesting a variance which requires parking to be setback 20 feet from a right-of-way. A survey of the Skywood Apartment property disclosed that the entry drive and a portion of the asphalt parking lot was /ocated on Cify of Fridley property. ln addition one parking lot space was located in the right-of-way. This condition had existed since the property was built. The highlighted property has been purchased from fhe City of Fridley. The parking /ot space has been removed from the right-of- way. The remainder of the parking area (ies just inside the right-of-way. " - Steven Anderson SUMMARY OF ANALYSIS City Staff recommends approval of fhis variance, as it simply recognizes an existing non-conformity, allows the property to meet its parking demands, and should not set a precedent for existinq or future properties. CITY COUNCIL ACTION/ 60 DAY DATE City Council — February 24, 2003 60 Day — March 10, 2003 (Parking Area) Staff Report Prepared by: Stacy Stromberg VAR #03-02 REQUEST Steven Anderson, who represents Cedar Management, the management company for Skywood Apartments located at 1200-1290 Cheri Lane, is seeking a variance to reduce the parking and hard surface setback from any street right of way from 20 feet to zero feet to recognize a pre-existing condition. SITE DESCRIPTION/HISTORY The subject property is located on Cheri Lane, east of Highway 65. In 1962, four, 18 unit apartment buildings were constructed on the property. In 1963, garages were constructed to allow for vehicle storage. The property is zoned R-2, Two Family Units, and C-3, General Shopping. Sometime throughout history, the owners of Skywood Apartments had inadvertently expanded the parking area for the apartments by expanding onto a 4,752 square foot triangle of City owned property, without the City's consent. This expansion occurred before the current owner (Dr. Levitan) took ownership of the property. This triangular piece of property was declared surplus in 2002 by the City Council and was in turn purchased by Dr. Levitan, the owner of the Skywood Apartment property. A condition of the sale of the property was to have Dr. Levitan go through the variance process to recognize the sub-standard parking setbacks. Therefore, the petitioner is seeking a variance to reduce the hard surface and parking requirements from 20 feet to 0 feet to recognize this pre-existing condition. Aerial of property Granting this variance should not be precedent setting for existing or future residential, commercial or industrial properties. This situation is unique to the � property and is simply cleaning up a non-conformity. It also ensures that the parking demands of the apartments are being met. RECOMMENDATIONS City Staff recommends approva/ of this variance, as it simply recognizes an existing non-conformity, a/lows the property to meet its parking demands, and should not set a precedent for existing or future properties. � � CITY OF FRIDLEY APPEALS COMMISSION MEETING February 12, 2003 1. PUBLIC HEARING: VARIANCE REQUEST VAR #03-02 BY CEDAR MANAGEMENT: Per Section 205.15.05.d.(5).((a)) of the Fridley Zoning Code to reduce the parking and hard surface setback from 20 feet to 0 feet to recognize a pre-existing condition on Parcel C: All of Lot 5, Auditor's Subdivision No. 94, except...(complete legal on file), generally located�at 1200 Cheri Lane NE MOTION by Dr. Vos, seconded by Mr. Jones, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:32 P.M. Mr. Kuechle stated the petitioner could not be present, but they would still proceed with the hearing on this item as it is pretty straightforward and clear-cut. Ms. Stromberg stated the petitioner, Steven Anderson, representing Cedar Management which is the management company for Skywood Apartments located 1200-1290 Cheri Lane, is seeking a variance to reduce the parking and hard surface setback from any street right-of-way from 20 feet to 0 feet to recognize a pre-existing condition. Ms. Stromberg stated the petitioner's hardship states: "We are requesting a variance which requires parking to be set back 20 feet from a right-of-way. A survey of the Skywood Apartment property disclosed that the entry drive and a portion of the asphalt parking lot was located on City of Fridley property. In addition, one parking lot space was located in the right-of-way. This condition had existed since the property was built. The highlighted property has been purchased from the City of Fridley. The parking space has been removed from the right-of-way. The remainder of the parking area lies just inside the right-of-way." Ms. Stromberg stated the property is zoned R-2, Two Family Units, and C-3, General Shopping. In 1962, four 18-unit apartment buildings were constructed; and in 1963, garages were constructed to allow for vehicle storage. Sometime through history, the owners of Skywood Apartments had inadvertently expanded the parking area for the apartments by expanding onto a 4,752 square foot triangle of City-owned property, without the City's consent. This expansion occurred before the current owner, Dr. Levitan, took ownership of the property. Ms. Stromberg stated this triangular piece of property was declared surplus in 2002 by the City Council and was, in turn, purchased by Dr. Levitan. A condition of the sale of the property was to have Dr. Levitan go through the variance process to recognize the sub-standard parking setbacks. Therefore, the petitioner is seeking a variance to reduce tty� hard surface and parking requirements from 20 feet to 0 feet to recognize this pre-existing condition. Ms. Stromberg stated that granting this variance should not set a precedent for existing or future residential, commercial, or industrial properties. This situation is unique to the property and is simply cleaning up a non-conformity. City staff recommends approval of this variance request, as it simply recognizes an existing non-conformity, allows the property to meet its parking demands, and should not set a precedent for existing or future properties. Mr. Jones asked how this would not set a precedent. 5 APPEALS COMMISSION MINUTES, FEBRUARY 12, 2003 PAGE 2 Ms. Stromberg replied that this situation was preexisting and was part of City land that was essentially turned surplus land and purchased by the property owner and, therefore, the variance is simply recognizing that non-conformance. The condition of the sale was that they go through this variance process. Dr. Vos asked if the previous owner needed a building permit to built the parking lot. Ms. Stromberg replied, no. The parking lot was built on City property, not knowing that it was City property at the time until a survey was done, and they realized they were parking on City property. Dr. Vos commented that with a property of that magnitude, you would think the owners would have had a survey done before building the parking lot. MOTION by Dr. Vos, seconded by Mr. Jones, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:38 P.M. MOTION by Mr. Jones, seconded by Dr. Vos, to receive into the record the letter from Steven Anderson, dated February 10, 2003, stating that he was unable to attend this meeting. . UPON A VOICE VOTE, ALL VOTE AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Jones stated he did not have a problem with the variance. The parking space that was on City property has been removed, and the owner is now complying with the agreement made by the City after purchasing the Ciry property. He would vote in favor of the variance. Dr. Vos asked if the property owner removed the parking stall because it was close to or on the property line. Ms. Stromberg stated it was across the property line. Dr. Vos stated that there are still parking stalls that were on the City property... Ms. Stromberg stated, no, currently, all parking stalls are on Dr. Levitan's property because he purchased the triangular piece from the City. MOTION by Dr. Vos, seconded by Mr. Jones, to recommend approval of variance, VAR #03-02, to reduce the parking and hard surface setback from 20 feet to 0 feet to recognize a pre-existing condition on Parcel C: All of Lot 5, Auditor's Subdivision No. 94, except...(complete legal on file), generally located at 1200 Cheri Lane NE � UPON A VOICE VOTE, ALL VOTE AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. � r � CfTY OF FRIDLEY Date: To AGENDA ITEM CITY COUNCIL MEETING FEBRUARY 24, 2003 February 19, 2003 William Burns, City Nlanager � � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner Sub�ect: 2003 SCORE Rec clinQ Fundin� A eement Background: We have received the 2003 Anoka County Residential Recycling Agreement. This agreement allows us to receive up to $71,214.40 in state SCORE funds from Anoka County to subsidize the cost of our 2003 residential recycling program. This amount is approximately $SOO less than the amount we received in 2002. The reduction in Fridley's SCORE funding may end up be significantly more, depending on how the County handles a State request to return a portion of their 2003 SCORE funds that they have already been allocated. Tliis request is a result of the Governor's unallocation, which made additional cuts to this year's SCORE funding of about $1.5 million. The County may request us to approve an amendment to the attached agreement at a later date, depending on what the end result is of the cunent funding reduction distribution. Staff has reviewed the 2003 agreement attached and finds no noticeable language changes from previous agreements. Recommendation: Staff recommends that the City Council approve this agreement at the February 24, City Council meeting for the City Clerk and Mayor's signatures, so that the City will qualify for our first 2003 SCORE payment mid-year. M-03-27 7 Anoka Counry Conoract #2002-Q2S5 AGREE��ti''I' FOR RESIDE.�ITIAL RECYCLLtiG PROGRA:tiI THIS :�GREE�IENT made and en[ered into on the 17th day of December, 2002, notwithstandin� the date of the sijnatures of the parties, between the COtNTY OF AlVpKp, State of i�linnesota, hereina.fter referred to as the "COV'�'TY", and the CTTY OF FRIDLEy, hereinafter referred to as the "v1U�TICIp�,L,TI'y��, WIT'NESSETH: `ti�RE�S, r\noka County has received $709,373 in fundin� from the Solid Waste �fana�ement Coordinating Board and the State of �iinnesota pursuant to �linn. Stat. § ll�A.5�7 (hereinafter "SCORE funds"); and WHEREAS, the Counry wishes to assist the vlunicipality 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 programs. ' NO`V, THEREFORE, in consideration of the mutual covenants and promises contained in this Aa eement, the parties mutually a�ee 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 prograrns in the Municipality. 2• TER��L The term of this A�eement is from January 1, 2003 through December 31, 2003, unless earlier terminated as provided herein. 3. DEFPTITIONS. a. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a. b. "Multi-unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. c. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. § 115A.552. d. "Recycling" means the process of collecting 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 recycla�je materials in a manner that precludes further use. e. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose oF recyclina, including paper, glass, plastics, metals, fluorescent lamps, major appliances and vehicle batteries. f. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. 8 g. "Yard waste" sha11 have the meanin� set forth in tilinn. Stat. § 11�A.03, subdivision 38. 4. PROGR��I. The �funicipality sha11 develop and implement a residential solid waste recycling proQram adequate to meet the �tunicipality's annual recycling �oal of 2,404 tons of recyclable ma[erials as established by the Counry. The �Iunicipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Llunicipal recycling pro�ram shall include the followin� components: i. Each household (includin' multi-unit households) in the Nlunicipality shall have the opportunity to recycle at least four broad types of materials, such as paper, ?lass, plastic, metal and textiles. ii. The recyclin; pro�am shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The vtunicipality shall implement a public information pro�ram that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recyclin� pro�am; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community presentations aze to be given on recycling. The public information components listed above must promote the focused recyclable material of the yeaz as specified by the Counry. The County will provide the Municipality with back�ound material on the focused recyclable material of the year. `� iv. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. b. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipality shall prepare and submit to the County by Mazch 31, 2003, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. 5. REPORI'ING. 'I'he Municipality shall submit the following reports semiannually to the County no later than July 20, 2003 and January 20, 2004: 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 com�nity programs, redemption centers and drop-off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been mazketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showina the tons of materials that were recycled by the Municipaliry's residents throu?h these other prob ams. The Nlunicipality shall keep detailed records documenting the 2 9 disposition of all recyclable materials collected pursuant to this a�eement. The Municipality shall also report the number of cubic yazds or tons of yard waste collected for compostin� or landspreading, together with a description of the methodoloQy used for calculations. Any other material removed from the waste stream by the �Iun.icipality, i.e. tires and used oil, shall also be reported separately. b. Information rejardin� any revenue received from sources other than the County for the �lunicipality's recycling pro�ams. c. Copies of all promotional materials that have been prepared by the Municipality durin� the term or this A�reement to promote its recycling pro�rams. The l�iunicipality a�rees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, projram mana�ement purposes, and reportina to the State of Nlinnesota. 6. BII.LIl�1G AND PAYI�IENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 2003 and January 20, 2004. Costs not billed by January 20, 2004 will not be eli;ible for fundin�. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Boazd of Commissioners. 7. ELIGIBII.ITY FOR FL'ti'DS. The Municipality is entitled 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 $71,214.40. The . project maximum for eli�ble expenses shall be computed as follows: a. A base amount of $10,000.00 for recycling activities only; and b. $5.40 per household for recycling activities only. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shaIl be maintained in a form which will permit the tracing of funds and program income to fmal expenditure. The Municipaliry shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipaliry shall also maintain records of the quantities of materials recycled. All records and accounts sha11 be retained as provided by law, but in no event for a period of less than five yeazs from the last receipt of payment from the County pursuant to this Agreement. 9. AUDIT. Pursuant to Minn. Stat. § 16C.0�, the Municipaliry shall allow the Counry or other persons or agencies authorized by the County, and the State of Minnesota, includin� the Lejislative Auditor or the State Auditor, access to the records of the Municipality at 3 10 reasonable hours, including all books, records, documents, and accountin� procedures and practices of the Municipaliry relevant to the subject matter of the A�eement, for purposes of audit. In addition, the County shall have access to the project site(s), if any. at reasonable hours. 10. GE��R.�I. PROVISIOrS. a. In perfornun' the provisions of this A?reement, both parties a�ee to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any ajency or special �overnmental unit which are now or hereafter promul�ated insofar as they relate to performance of the provisions of [his Ajreement. In addition, the Ltunicipality shall comply with all applicable requirements of the State of �linnesota for the use of SCORE funds provided to the Municipality by the County under this A�eement. b. tio person shall illegally, on the �ounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any pro�am, service or activity hereunder. The Municipaliry a�ees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, term.ination, selection for training, rates of pay, and other forms of compensation. c. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The A�eement between the Municipaliry and a subcontractor sha11 obligate the subcontractor to comply fully with the terms of this A�eement. d. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this a�eement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minim�, the prevailing wages rates as certified by said Department. e. It is understood and a�eed that [he entire A�eement is contained herein and that this A�reement supersedes a11 oral and written agreements and negotiations between the parties relatina to the subject matter hereof. � f. Any amendments, alterations, variations, modifications, or waivers of this A�eement sha11 be valid only when they have been reduced to writing, duly sijned by the parties. g. Contracts let and purchases made under this A�reement shall be made by the Municipaliry in conformance with all laws, rules, and regulations applicable to the Municipality. � 11 h. The provisions of this A�eement are severable. If any para�aph, section, subdivision, sentence, clause or phrase of this A�eement is for any reason hetd to be contrary to law, such decision shall not affect the remainin� portion of this A;reement. �othin; in this A�reement shall be construed as creatin� the relationship of co- partners> joint venturers, or an association between the County and �Iunicipality, nor shall the vlunicipality, its employees, a�ents or representatives be considered employees, aaents, or representatives of the County for any purpose. 11. PLBLIC�TIO�i. The �Iunicipality shall acknowledae thz financial assistance of the Counry on all promo[ional materials, reports and publications relatina to the activities funded under this A�eement, by includinJ the followin� acknowled?ement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on RecyclinD and the Environment). 12. Ii�TDE�INIFICATION. The County agrees to indemnify, defend, and hold the �lunicipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resultin? from the acts or omissions of its public officials, officers, aQents, employees, and contractors relatin� to activities performed by the County under this A�eement. The 1�lunicipality a�ees 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 public officials, officers, �` agents, employees, and contractors relating to activities performed by the Municipality - under this Agreement. The provisions of this subdivision shall survive the ternunation or expiration of the term of this A�reement. 13. TERI�IINATION. This Agreement may be terminated by mutual written agreement 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 parry, specifying the date of term.ination. If this A�reement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the properry 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. r E 12 c I��1 �VIT�TESS WHEREOF, the parties hereunto set their hands as of the dates fust written above: CITY OF FRIDLEY COL"ti�'TY OF �VOK.� By: Name: Title: Date: sy: Municipality's Clerk Date: Approved as to form and legality: sy: Dan Erhart, Chairman Anoka County Board of Commissioners Date: ATTEST: John "Jav" McLinden County Administrator Date: Approved as to form and legality: Assistant Counry Attomey t-�crvarr�rnu�a w�,u�t,flw-rE�c�rci.�nco�,cnxscxrsaos.�a 6 13 � r / � CfTY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETiNG OF FEBRUARY 24, 2003 William W. Burns, Gity Manager,y�N' � , •�� Jon . Haukaas, Public Works Director February 12, 2003 Resolution to Execute MnDOT Partnership Contract PW03-027 . The Ciry Council approved a Partnership Contract with MnDOT for standard technical services by a motion at its December 9, 2002 meting. We have received additional correspondence from MnDOT requesting that this agreement be approved by resolution. The Partnership Contract creates an agreement between the Gity of Fridley and MnDOT for support services for transportation related technical assistance. The services are all fee-for- service and include such items as material testing, pavement striping, and some land management services. Recommend the City Council adopt the attached resolution approving the Partnership Contract with MnDOT for transportation related technical services. JHH:cz Attachments 14 � RESOLUTION NO. - 2003 RESOLUTION P,PPROVING PARTNERSHIP CONTRACT WITH THE STATE OF MINNESOTA FOR TRANSPORTATZON RELATED TECHNICAL SERVICES BE IT RESOLVED that the City of Fridley enters into an agreement with the State of Minnesota, Department of Transportation, for the following purposes, to wit: To request that the State perform certain technical, transportation-related services identified in Exhibit A, � ��Available Services," of the agreement. The City will submit a brief written request for each service in accordance with the terms and conditions set forth and contained in the Partnership Contract, a copy of which was before the board. BE IT RESOLVED THAT the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF FEBRUARY 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK � SCOTT J. LUND, MAYOR �� Mn/DOT Contract No. CFMS Contract No. STATE OF MINNESOTA PARTNERSHIP CONTRACT This contract is between the State of Minnesota, acring through its Commissioner of Transportation ("State") and Fridley ("Local Government Unit"). Recitals Pursuant to Minnesota Statutes §471.59, subdivision l, two or more govemmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other govemmental units; and Pursuant to Minnesota Statutes § 174.02, subdivision 6, the Commissioner of Transportation may enter into agreements with other governmental or non-governmental entities for research and experimentation, for sharing facilities, equipment, staff, data or other means of providing transportation related services; or for other cooperative programs that promote efficiencies in providing governmental services or that further develop innovation in transportation for the benefit of the citizens of Minnesota; and The State, through its "Program Support" and "Program Delivery" Groups, offers a variety of transportation-related technical assistance and support services to other governmental units on a fee-for- service basis; and The Local Government Unit desires that the State provide transportation-related technical assistance and support. The State is willi.ng to provide such support, upon request and subject to the terms and conditions contained in this contract. Contract Term of Contract 1.1 Effective date: This contract is effective on the date the State obtains all required signatures under Minnesota Statutes § 16C.05, subdivision 2. 1.2 Expiration date: This contract will expire five yeazs from its effective da.te, unless terminated eazlier pursuant to Article 10. 1.3 Survival of Terms: The following clauses survive the expiration or cancellation of this contract: 6. Liability; 7. State Audits; 8. Govemment Data Practices; and 9. Governing Law, Jurisdiction, and Venue. 2 Duties of the Parties 2.1 The Local Government Unit may request that the State perform an� of the services shown on Exhibit A; "Available Services". The Local Governrnent unit may also request that the State perform transportation- related services other than those shown on Exhibit A. 2.1.1 The Local Government Unit must submit a brief written request for any services to the State. The request may be in the form of a letter, memorandum or purchase order and may be transmitted by fax or e-mail. A request may be made via telephone, but will not considered accepted unless acknowledged in writing by the State. The request must include sufficient Rev. (12/00) Page 16 Mn/DOT Contract No. CFMS Contract No. detail on the scope of work to be performed to afford State the opportunity to assess the resources necessary to accomplish the work and develop a cost estimate. 2.2 Upon receipt of a written request from the Local Government Unit, the State will evaluate the request and promptly inform the Local Government Unit if the State will perform the work, either as submitted or with modifications. If accepting the work, the State will identify a project manager for the work to be performed. Any work assignment accepted by the State pursuant to this contract is subject to all terms and conditions of this contract. 2.3 After the State accepts a work assignment, the State will promptly perform the work in a professional manner and in accordance with generally accepted government standards. If the Local Government Unit deems that the work is not proceeding in a satisfactory manner, the Local Govemment Unit will bring such concems to the State's Project Manager in charge of the particular project. The Parties will endeavor to resolve any disputes conceming work under this contract in the most informal and cost-effective manner reasonably available. 3 Consideration and Payment 3.1 Payment Basis. T'he State may, at its option, charge the Local Govemment Unit on either a lump-sum or actual cost basis for performance of the work. 3.2 Actual Cost Basis. Unless a lump sum or other payment arrangement is agreed upon, all work performed by the State will be billed on an actual cost basis. For work performed upon an actual cost basis, the State will provide a report showing the actual cost of the services performed by the State under this contract. The State's "Actual Cost" will consist of all of the following elements: (1) The actual cost of any materials provided by the State; and (2) Travel expenses reasonably and necessarily incurred by the State in the performance of the work. Such travel expenses will be subj ect to the limitations contained in the "Minnesota Department of Transportation Travel Regulations" in effect at the time the work is performed; and (3) Labor costs incurred by the State in performance of the work. Such labor costs will consist of: (a) The actual hourly wage or salary of State personnel for time spent working on the project; and (b} Labor and overhead additive, at a rate to be determined annually by the appropriate Sta.te FinanciaUAccounting Officer. Labor additive will include fringe benefits, holiday and vacation pay, and applicable workers compensation and payroll tax � expenses. (4) Equipment costs incurred by the State in the performance of the work. Such cost will consist of: (a) The hourly rental rate of the equipment; and (b) Fuel and other direct operational costs not included in the equipment rental rate. 3.3 Payment (A ) The State will invoice the Local Government Unit upon completion of the services, or at regulaz intervals not more than once monthly as agreed upon by the parties: Rev. (12/00) Page 17 Mn/DOT Contract No. CFMS Contract No. (B) The Local Govemment Unit will promptly pay the invoice(s) submitted by the State. Payment must be remitted to the address below: Minnesota Department of Transportation Attn: Cash Accounting RE: MN/DOT CONTRACT NUMBER (include the "Mn/DOT contract numbe�'' shown on this agreement) Mailstop 215 � 395 John Ireland Blvd. St. Paul, MN 55155 Il1�'ORTANT: THE REMITTANCE MtTST INCLUDE THE "Mn/DOT CONTRACT NUMBER" 4 Authorized Representatives 4.1 State's Authorized Representative. The State's Authorized Representative for the administration of this contract is Richard Stehr, Assistant Commissioner or his/her successor. 4.2 Local Government Unit's Authorized Representative. The Local Govemment Unit's Authorized Representarive for the adminis�ation of this contract is The Local Government Unit's Engineer for technical matters, and the Local Government Unit's Administrator or Auditor for financial matters. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment Neither party may assign or transfer any rights or obligations under this contract without a written Assignment Agreement, executed and approved by the same parties who executed and approved this contract, or their successors in office. 5.2 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 53 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the provision or the State's right to subsequently enforce it. 5.4 Contract Complet� This contract contains all negotiations and agreements between the State and the Local Govemment Unit. No other understanding regazding this contract, whether written or oral, may be used to bind either party. 6 Liability Each party will be solely responsible for its own acts and omissions in connection with or related to this contract. The liability of the State is govemed by Minnesota Statutes §3.736 and other applicable law. The liability of the Local Government Unit is governed by Minnesota Statutes chapter 466 and other applicable law. Each party will be solely responsible for its own employees for any workers compensation claims. As any deliverables, including plans and documents, produced by the State pursuant to this contract may be incorporated into larger projects of which the State may not be aware, the State expressly disclaims any liab�lity for the use of such deliverables and- the results thereof. 7 State Audits Under Minnesota Statutes § 16C.0�, subd. 5, the Local Government Unit's books, records, documents, and accounting procedures and pracrices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the expiration date of this contract. 8 Government Data Practices Rev.(12/00) Page � � Mn/DOT Contract No. CFMS Contract No. The Local Government Unit and the State must comply with the Minnesota Govemment Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided to or by the parties under this contract. The Act provides, inter alia, disclosure and non-disclosure provision for various types and classifications of data provided to or by the State or the Local Government Unit. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Local Government Unit or the State. 9 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this contract. Venue for all legal proceedings arising out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination by the State. The State may cancel this contract at any rime, with or without cause, upon 30 days' written notice to the Local Government Unit. Upon termination, the State will be enritled to payment, determined on a pro rata basis, for services sarisfactorily performed. 10.2 Termination by the State for Insufficient Funding. The State may immediately terminate this contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding or staffing levels cannot be continued at a level sufficient to allow for the provision of the services covered here. Termination must be by written or fax notice to the Local Government Unit. The State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the effective date of such termination. The State will not be liable for any damages sustained by the Local Government Unit as a result of the termination of this contract by the State. 10.3 Termination by the Local Government Unit for Insnfficient F`anding. The Local Government Unit may immediately terminate this contract if it does not obtain funding from its goveming body, or other fimding source, or if funding cannot be continued at a level sufficient to provide for payment for the services covered here. Upon such termination, the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the effective date of such termination. 11 Additional Provisions 11.1 Exhibit A is attached and incorporated into this contract. 11.2 The parties intend that the services provided under this contract will not be construed as an interchange of employees subject to Minnesota Statutes §15.51, et. seq. If the provision of the services under this contract is deemed to be subject to Minnesota Statutes § 15.51, et. seq., and any provision in this conhact is determined to conflict with such statute, then the statute will control to the extent of any such conflict � Rev. (12/00) Page � 9 Mn/DOT Contract No. CFMS Contract No. DEPARTMENT OF TR4NSPORTATION By: (with delegated authority) Title: Date: LOCAL GOVERNII�NT UNTT Mn/DOT CONTRACT MANAGEMENT The I.ocal Govemmrnt Unit certifies that the appropriate person(s) have exceuted the contract as BY� required by applicable azticles, bylaws, resoludons, or ordinances. gy_ Date: Title: Mavor Date: By: Title: Ciri ManaRer Date: 5 Rev. (12/00) Page �O � � AGENDA ITEM CITY COUNCIL MEETING OF °TM oF FEBRUARY 24, 2003 FRIDLEY • TO: WILLIAM W. BURNS, CITY MANAGER {�� FRONI: RICHARD D. PRIBYL, FINANCE DIRECTORYi,p CRAIG A. ELLESTAD, ACCOUNTANT � Y SUBJECT: MODIFICATIONS TO THE 2002 BUDGET DATE: February 7, 2003 Attached you will find a resolution amending appropriations to the 2002 budget in accordance with the City Charter. The adjustments listed have arisen as a result various donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjustments through the Budget Reappropriation form. We request that the Council approve the amendment of the attached budgets. r 21 RESOLITTON NO. - 2003 A RESOLL'TIO�i AtiTHORIZL�TG CH�u�TGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR NOVEI�IBER THRU DECENIER, 2002 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for ?002. NOW, THEREFORE, BE IT RESOLVED that the following funds will be amended as follows: REVENUE ADJUSTMENTS Finance-Reimbursement Police-Reimbursement Police-Reimbursement Police-Grant Police-Reimbursement Police-Reimbursement Police-Grant Fire-Reimbursement Park Main't-Donation Rec & Nat-Donation Rec & Nat-Donation Rec & Nat-Donation Rec & Nat-Donation Rec & Nat-Donation Rec & Nat-Donation APPROPRIATION ADJUSTMENTS Finance-Other Services & Charges Finance-Transfer Out Of Reserves Finance-Other Services & Charges Police-Personal Services Police-Personal Services Police-Supplies Police-Personal Services Police-Other Services & Charges Police-Supplies Fire-Other Services 8� Charges Park Main't-Supplies Rec & Nat-Capital Outlay Rec & Nat-Capital Outlay Rec & Nat-Supplies Rec & Nat-Capital Outlay Ree & Nat-Supplies Rec & Nat-Supplies GENERAL FUND 2,500 Totino Grace Bond Issue 52,663 Airport Commission 4,231 Narcotics Task Force 3,104 Bullet Resistant Vests (Fed) 2,672 Detox Transport 1,720 Written Test Fees 677 Bullet Resistant Vests (State) 3,298 Insurance Reimbursement for Aerial 2 2,000 FYSA Soccer Field Improvements 8,500 From Fridley Lions 2,000 From SLP Youth Hockey 1,000 From American Legion 600 From ACE Solid Waste 500 100 0 2, 500 -14,200 14,200 52,663 4,231 3,104 2,672 1,720 677 3,298 2,000 8,500 2,000 1,000 600 500 100 �� 22 From Blaine Jaycees From SLP Lions Totino Grace Bond Issuance Costs Lowering Reserve Fund Fee Study Airport Security Narcotics Task Force Bullet Resistant Vests Detox Transport Police Testing Bullet Re�istant Vests Repair Aerial 2 Trees for Soccer Fields Scoreboards at Community Park Scoreboards at Community Park Senior Program Scoreboards at Community Park For Tables Senior Program � � GRANT MANAGEMENT FUND REVENUES ADJUSTMENTS Transfer In From Closed Bond Fund 129,384 Eliminate Fund Balance Deficit 1� CAPITAL IMPROVEMENT FUND STREETS CAP/TAL /MPROVEMENT REVENUE ADJUSTMENTS Transfer In From 2001 Street Fund 234,426 Close Out 2001 Street Fund 234.426 APPROPRIATION ADJUSTMENTS Transfer Out To Improve Bonds of 1992 151, 857 Transfer Out To Improve Bonds of 1994 60,700 Streets-Capital Outlay 27,450 �� Correct-Target Speciai Assessment Correct-1994 Street Construct Project Hardee's Condemnation PASSED AND ADOPTED BY TI� CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF FEBRUARY, 2003. I�411��I.Y1� DEBRA A. SKOGEN - CITY CLERK 23 � SCOTT J. LUND - MAYOR � � C11Y OF FRIDLEY Date: Memo to From: Subject: MEMORANDUM 21 February 2003 Deborah � Dahl Director of Human Resources (763) 572-3507 William W. Burns, City Manager a�j Deborah K. Dahl, Director of Human Resources � 2003 FIRE CONTRACT I am pleased to present the labor agreement and resolution outlining the terms and conditions of employment for Firefighters in 2003 (one year contract). Apart from any unintentional typographical errors, the following is a list of highlights or changes from the previous contract: 1) Article 20 — Uniform Allowance The City will increase uniform allowance to the level of COLA (2%), effective 7anuary l, 2003. The new amount will be $425. 2) Article 21— Insurance The contract will be equal to the health, dental and life insurance benefits provided to non- union employees. 3) Article 22 — Cost of Living Adjustment Union members will receive a 2% COLA for 2003 (same as non-union employees). This contract is ready for Council adoption and signature. I can be available for any questions you may have at the Feb. 24, 2003 Council Meeting. Thank you for your assistance on this process. r � 1 � � RESOLUTION NO. - 2003 RESOLUTION AUTHORIZING SIGNING AN EMPLOYMENT AGREEN�NT BETWEEN CERTAIN ENIPLOYEES REPRESENTED BY LOCAL No. 1986 WHEREAS, Firefighters Local No. 1986, as bargaining representative of the Firefighters of the City of Fridley, has presented the City of Fridley various requests relating to their employment contract with the City of Fridley; and WHEREAS, the City of Fridley has presented various requests to the Union and to the employees relating to the Firefighters' employment contract with the City of Fridley; and VVHEREAS, 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 approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit A) relating to the wages and working conditions of Firefighters Loca1 No. 1986 of the Ciry of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF FEBRUARY 24, 2003. ' ATTEST: DEBRA A. SKOGEN — CITY CLERK 25 SCOTT J. LUND - MAYOR r LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY :I�I�Ti�e��l INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL N0.1986 2003 a .�:��: r � � � FIREFIGHTERS LOC�I. NO 1986 CONTR�CT FOR 2003 Tr1BLE OF COYTENTS ARTICLE PAGE . I. PURPOSE OF AGREF.��1EN'T ....................................................................4 II. RECOG�,TTION ..................................4 ....................................................... �. DEF�IITIONS ......................4 ............ .................... ..................................... N. EMPLOYER SECURITY ..........................................................................6 V. Ei�IPLOYER AUTHORITY ......................................................................6 VI. Wi ION SECURITY ...................................................................................7 VII. ENIPLOYEE RIGHTS - GRIEVANCE PROCEDURE ..............................7 VIII. SAVIi�1GS CLAUSE ..................................................................................10 IX. SE1�IIORITY .... .. ...................... .......................................... ................... ........10 X. DISCIPLINE ..............................................................................................10 XI. WORK SCHEDULES ................................................................................11 XII. ANNUAL LEAVE .........................11 ............................................................ XIII. SHORT-TERM DISABILTTY ............12 ......................................................• XIV. O VERTIl�IE ....... .....:. ....................13 ............................................................. ' XV. ENIPLOYEE EDUCATION PROGRAMS ...............................................14 - XVI. HOLIDAYS .............................................................................�...............15 XVII. PROBATIONARY PERIODS ...................................................................15 XVIII. BEREAVEMENT LEAVE ..........................................................................1 � XIX. JURY PAY ....15 ................. ............................................................................ 2 27 XX. LJ�,�'ORi�I AI.LOWr1itiCE ........................ �. �;SURAi�ICE ............................................. ��. RATES OF PAY ........................................ X7�II. ADDITION:�L. Pi tCENTI�� P:�Y ............ �V. SEVERA.'�tCE PAY .................................... XXti'. �VAI�r'ER .................................................... XXVI DURATION ............................................... ........................16 .........................16 .........................17 .........................17 ......................... 17 .........................17 ................ .........18 � 3 28 . � 0 LABOR �GREE�IEti"T BETWEEN CITY OF FRIDLEY AIVD LvTERr �TIO�i.-�L ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 ARTICLE L PURPOSE OF AGREEMENT 'This AGREE�NT is entered into between the CITY OF FRIDLEY, hereinafter called the Ei�Il'LOYER, and the INTERNATIONAL ASSOCIATION OF FIItEFIGHTERS LOCAL NO. 1986, hereinafter called the UNION. It is the intent and purpose of the AGREEIMENT to: 1.1 Establish procedures for the resolution of disputes conceming this AG�'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 II. RECOGNITION The ENIPLOYER recognizes the LJNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all personnel in the following job classifications: 2.1. Firefighter. ARTICLE III. DEFINITIONS 3.1 Union � The International Association of Firefighters Local No. 1986. 3.2 Union Member A member of the International Association of Firefighters Loca1 No. 1986. 29 � 3 3 Emplovee A member of the eYClusively recognized bargaining unit. 3.� Department The City of Fridley Fire Department 3. � Emplover The Citv of Fridlev. 3.6 Chief The Chief of the Fire Department for the City of Fridley. 3.7 Union Officer Officer elected or appointed by the International Association of Firefighters Local No. 1986. 3.8 Overtime Work performed at the express authorization of the ENIPLOYER in excess of the number of hours in a work period specified by the Federal Fair Labor Standards Act. 3.9 Scheduled Shift A consecutive work period including two rest breaks and one or more meal breaks. 3.10 Rest Breaks Two twenty (20) minute periods during the SCHEDULID SHIF"T during which the employee remains on continual duty and is responsible for assigned duties. 3.11 Meal Break ' A one (1) hour period during the SCHEDULED SH�T duru�g which the employee remains - on continual duty and is responsible for assigned duties. 5 30 0 .i .1 ? S trike Concerted action in failing to report for duty, the willful absence from one's position, the stoppa�e of work, slow-down, or abstinence in whote or in part from the fi.ill, faithfi.il and proper penormance of the duties of employment for the purposes of inducing, influencing or coercing a chan�e in the conditions or compensation or the ri�hts, privileges of obligations of . employment. 3.13 Base Rate of Pav The Employee's hourly rate of pay exclusive of longevity or any other special allowance. 3.14 Compensator,�Time T'une off during the employee's regularly scheduled work scheduled equal in time to 1.5 times overtime worked. 3.1 � Severance Pav Payment made to an employee upon honorable separation of employment. 3.16 S� A fixed payment at regular intervals for services as set forth and ageed to in this contract. 3.17 Compensation Salary reduced by those amounts as required by law and/or authorized by the employee. ARTICI,E IV. EMPLOYER SEG'UR1TY 4.1 The Ur1ION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interferences with the normal functions of the EMPLOYER. 0 ARTICLE V. EMPLOYER AUTHORITY _ r 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all personnel, 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 detemune the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMEN'f . 0 31 �.Z :�ny term and condition of employment not specifically established or modified by this �GREE�IE�,'T shall remain solely within the discretion of the E�IPLOYER to modify, establish or eliminate. �RTICLE �Z L�`ION SECL'RITY 6 1 The E��LOYER shall deduct from the wages of employees who authorize such a deduction . in writinQ an amount necessary to cover monthlv UNION dues. Such monies shall be remitted as dire�ed bv the LT�,ZOti. 6.2 The L�ZON may desimate employees from the baz�aining unit to act as a steward and an altemate and shall inform the EvfPLOYER in writin� of such choice and chan�es in the position of steward and/or alternate. 6 3 The E�IPLOYER shall make space available on the employee bulletin boazd for posting LTNION notice(s) and announcement(s). 6.-� The L,tiZON agrees to indemnify and hold the EvIPLOYER harmless against any and alI cla.ims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. �RTICLE �� El�1PLOYEE RIGHTS-GRIEVANCE PROCEDURE 7.1 Definition of a Grievance A grie��ance is defined as a dispute or disagreement as to the interpretation or appGcation of the specific terms and conditions of this AGREEMENT. 7.2 Union Representatives The EMPLOYER will recognize REPRESENTATIVES designated by the LJNION as the grievance representatives of the bazgaining unit having - the duties and responsibilities established by this Article. The IJIVION shall norify the EMPLOYER in writing of the names of such UIVION REPRESENTATIVES and of their successors when so designated as provided by Section 6.2 of the AGP��EMENT. ' F 32 7 7.3 Processin}of a Grievance It is recoenized and accepted by the L'��ION and the E�LOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EviPLOYEES and shall therefore be accomplished during normal working hours only when consistent wzth such E1�IPLOYEE duties and responsibilities. The a�ieved EvIPLOYEE and a LNION REPRESE�ITATNE shall be allowed a reasonable amount of time without loss in pay when a�-ievance is investigated and presented to the E�IPLOYER during normal working hours pro�ided that the E.�iPLOYEE and the LJti'ION REPRESEV"rATIVE have notitied and received the approval of the desi�ated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EviPLOYER 7.4 Procedure SteP 1. An EyiPLOYEE claimin� a violation concernin� the interpretation or applica.tion of this AGREE�fE�`T 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 E�IPLOYER. The EviPLOYER-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 settinS forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGR.E;�'sMENT 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 1. Any gievance not appealed in writing to Step 2 by the IJriION within ten (10) calendaz days shall be considered waived. SteR2. If appealed, the written grievance shall be presented by the LJIVION and discussed with the EMPLOYER-designated Step 2 represernative. The EMPLOYER-designated representative shall give the tJNION the ENIPLOYER' S answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the ENIPLOYER-designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. -r' Step ;. If appealed, the written �ievance shall be presented by the IJ1vION and discussed with the ELIPLOYER-designated Step 3 representative. The ENIPLOYER-designated Step 3 representative shall give the UIVION the EMPLOYER'S answer in writing within ten (10) 8 33 calendar days after receipt of such Step 3 arievance. A�-ievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the E1�iPLOYER-designated representative's final answer in Step 3. Any �rievance not appealed in writing to Step =� by the Lti'ION within ten (10) calendar da�s shall be considered waived. SteP �. _a arievance unresolved in Step 3 and appealed to Step 4 by the L�JION shall be submitted to arbitration subject to the gro�lsions of the Public EmployTnent Labor Relations A�-t of 19 i 1. The se(ection of an azbitrator shall be made in accordance with the "Rules Governing and the Arbitration of Grievances'' as established by the Public Employment Labor Relations Board. 7. � Arbitrator's Authoritv a. The arbitrator shall have no ri?t►t to amend, modify, nullify, ignore, and to, or subtract from the terms and conditions of the AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UI�IION, and shall have no au�hority 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 E�LOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREENIENT and to the facts of the grievance presented. c. The fees and e�enses for the arbitrator's services and proceedings shall be bom equally by the EMPLOYER and the LT1vION provided that ea.ch 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. 7.6 Waiver If a grievance is not presented within the time limits set for.t�'i above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any a�eed extension thereof, it shall be considered settled on the basis of the ENIPLOYER'S last answer. If the EMPLOYER does not answer a�-ievance or an appeal thereof within the specified time limits, the UiVION 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 Ei�IPLOYER and the IJIVION in each step. 0 34 7.7 Choice of Remedv If, as a result of the wTitten Elv�LOYER response in Step 3, the �ievance remauzs unresolved, and if the �ievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance ma.y be appealed either to Step 4 of Articie V� or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not �bject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employ�ee shall indicate in writin� which procedure is to be utilized (Step 4 of Article VII or another appeal procedure) and shall si�n a statement to the effect that the choice of any other hearin� precludes the a.�grieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIIL SAVliYGS CLAUSE 8.1 The AGREEI�NT is subject to the laws of the United States, the State of Mlnnesota and the City of Fridley. In the event any provision of this AGREEl��T1T 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 the AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX. SENORITY 9.1 Seniority shall be deternuned by the employee's length of continuous employment with the Fire Department and posted in an appropriate location. Seniority rosters may be maintained by the FIRE CHIEF on the basis of time in grade and time within specific classifications. 92 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 the employee's 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 within two years of the time of that layoff before any new employee is hired. 9.4 Vacation periods to a maximum of two (2) weeks shall be sej�cted on the basis of seniority until May 1� of each calendar year. ARTICLE X. DISCIPLI�iE 10.1 The EtiiPLOYER w-ill discipline employees for just cause and disciplinary action may be in one or more of the followin� forms: 10 35 a. oral reprimand, b. written reprimand, c. suspensior� d. demotion, or e. dischar�e. 10.2 Suspensions, demotions and discharges will be written form. 10.3 �Vritten reprimands, notices of suspension, and notices of dischar�e which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employe�s will receive a copy of such reprimands and/or norices. 10.4 Employees may esamine their own individual personnel files at reasonable times under the direct supervision of the Ei�IPLOYER , ARTICLE XI. WORK SCHEDULES 11.1 The normal work schedule for the employees of the Fire Depaztment shall consist of a fifty (50)-hour workweek including hours worked on assigned shifts, holidays, and authorized leave time. The Department Manager is responsible for scheduling and assigning the weekly work schedule. 11.2 The City claims the authority to schedule EMPLOYEE'S duty schedule. 11.3 It is recognized by the parties that service to the public may require the establishment of regulaz shifts for some employees on a daily, weekly, seasonal, or annual basis, other than the regularly scheduled hours. The employer will give advance notice to the employces affected by the establishment of workdays differerrt than the nornial employee's workday. 11:4 It is also recognized by the parties that service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. Employees who aze regularly scheduled to be on duty Saturday and/or Sunday will be granted two consecutive ' days off in lieu of Saturday and/or Sunday. r i ARTICLE XIL ANNUAL LEAVE 12.1 Each employee shall be entitled to annual leave away from employment with pay. Annual leave pay shall be computed at the regular rate of pay to which such an employee is entitled. 11 �� Bzcause of changes in a��eraae hours per week and because of the relative adjustment of hourly waae rates, annual leave accumulations shall be recalculated as of the day prior to the effective date ot this contract. Total hours accumulated annual leave shall be divided by 11.33 and multiplied by 10.00 to calculate each ELiPLOYFE'S adjusted annual leave accumulation. Henceforward E�iPLOY�ES shall accumulate and use annual leave based on ten (10.00) hour days. 13? A be�nnin� employee shall accrue annual lea�-e at the rate of ei�hteen (18) days per year for the first seven (7) years (8-� successive months). An employee who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of t�vent�a-four (24) days per year, be�inning with the eighty-fifth (85`� month of successive employment. An employee who has worked fifteen (15) years (180 consecutive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one hundred eighty-first (181'� month of consecutive employment. 12.3 For an employee hired on or after January 1, 1934: The maximum total accumulation of annual leave at the end of any given year shall be thirty (30)-days. Once a year, at a time designated by the City, an employee who has completed five (5) years of service with the City will have the opportunity to exchange up to five (5) da.ys of accumulated annual leave for cash in the City's Annual Leave Sell-back option. 12.4 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. ARTICLE � SHORT TERM DISABILITY 13.1 Each employee who has successfiilly completed the employee's probationary period shall be eligible for the short- term disability benefit. Such an employee shall be entitled to full pay commencing on the twenty-first (21'� consecutive working day on which the employee is absent due to a physician-certified illness or injury off the job, and continuing until the employee returns to work able to carry out the full duties and responsibilities of the employee's position or through the one hundred and tenth (110`� working day of absence, whichever occurs first. Such an employee shall also be entitled to full p�y commencing on the eleventh (11� consecutive working day on which the employee is absent due to a physician-certified illness 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 (100''') 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 12 37 insurance, or Social Security disabiliry insurance. Payment of short-term disability benefit by the City to an employee shall net eYCeed ninety (90) working days for any single illness or injury�, reQardless of the number of spacing of episodes. The annual leave balance of any employee receiving shor-term disability benefit shall not be reduced, nor shall such employee accrue annual leave durinQ that period. 13.2 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 si�ed bv 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 othenvise. 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 fhe City by any competent person designated by the City when the City deems the same to be reasonably necessary in order to verify the illness or injury claimed. 13.3 If an employee's off duty illness or injury exceeds one hundred (100) working da,ys, the employee may draw from the employee's remaining annual leave in addition to those benefits to which the employee receives in accordance with the workers' compensation provisions. 13.4 If an employee's on duty related illness or injury exceeds one hundred (100) worldng days, the employee may draw from the employee's remaining annual leave in addition to those benefits to which the employee receives in accordance with the workers' compensation provisions. 13.5 When an employee exceeds the one hundred ten (110) working days (off duty) disability or one hundred (100) worldng days (on duty) disability and commences to draw on annual leave, the employee shall again accrue benefits in accordance with accepted City policy. ARTICLE XIV. OVERTT�i � 14.1 General: Hours worked in excess of the regularly scheduled fifly (50) hour work week shall be paid at the rate of one and one-half (1 'h) times the hourly rate calculated in accordance with the provisions of the Fair Labor Standards Act. It is not required that an employee be scheduled to work more than the regularly fifty (SO�hour workweek, however, each employee has an obligation to work overtime if requested, unless circumstances prevent the employee from doing so. 14.2 Call Back: In the event an employee not working a regularly scheduled shift is called back to work, the employee shall be paid a minimum of one (1) hour at the overtime rate. And time worked in excess of one (1) hour will be calculated in fifteen (15) minute increments. To calculate the time worked on call back, time shall be considered to have started at the time of the alazm or call. In the event there is a delayed response to work by the employee of fifteen (15) or more minutes, time shall be considered to have started when the employee arrives at work. 13 : :�RTICLE Y`'. ErLPLOY-EE EDti C:�TTON PROGR��IS 1� I The City will pay certain expenses for certain education courses based on the followina criteria. 21 The trainin� course must have relevance to the Employee's present or anticipated career responsibilities. Attendance shall be at a City-approved instituuon. The course must be pre-approved by the Department �Ianaaer. 22 Financial assistance will be e.ctended only to courses offered by an accredited institution. This includes vocational schools, tilinnesota School of Business, etc. 1�.Z Employee Education Programs Financial Policy Financial assistance not to exceed the amount of two thousand nine hundred twenty-five dollars ($2,9?5.00) per Ei�1PLOYEE per year will be estended to cover the cost of tuition, required books or educational materials, and required fees related to the course. Charges for student union membership, student health covera�e and other charges for which the student receives some item or services other than actual instruction will not be paid. The City will pay� fifly percent (50%) of the cost of tuition in advance of the EMPLOYEE'S actual participation in the course upon receipt of written evidence that the ENIPLOYEE has paid the entire tuition for the course. Upon successful completion of the course an EMPLOYEE will be required to present to his/her Department Manager a certification of satisfactory work. Satisfactory work is defined as follows: • a. In courses issuing a letter grade, a C or above is required. b. In courses issuing a numerical grade, seventy percent (70%) or above is required. c. In courses not issuing a grade, a certification from the institution that the student satisfactorily participated in the activities of the courses is required. 15.3 If the employee satisfactorily completes the course, the employee will be reimbursed for the additional fifty percent (50%) of the tuition cost incurred 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 City will not reimburse the EMPLOYEE for these costs. 15.4 The program will not reimburse the employee for hours spent in class, only for the hution. 15.5 Expenses for which the employee is compensated under some�other educational or assistance program, such as the GI bill, will not be covered. 15.6 The City will not pay tuition or other costs for those, courses which are used to make the employee eligible for additional salary. 14 39 �RTICLE X`Z. HOLIDAYS 15 1 E�iPLOYEES shall accrue ten (10) hours at their regular rate of pay for each scheduled City- designated holiday. Annual leave hours taken during a pay period shall be reduced by the number of holidays hours earned during that same pay period, unless the E1��iPLOYEE requests otherwise in advance in writing to the payroll division of the Finance Department. 16 2 Holidavs desi�ated by the City include: New Yzaz's Dav (January 1), Martin Luther King Jr. Birthday (the third Lfonday� in January), Washington and Lincoln's Birthday (the third Lionday in February�), Memorial Day (the last Monday in �fay), Independence Day (July 4), Labor Day (the first 1�fonday in September), Veterans' Day (�iovember 11), Thanksgiving Day (the fourth Thursday in November), The Day After Thanksgving (fourth Friday in ?V7ovember), and Christmas Day (December 25). Ea.ch year, the City Council officially designaxes one additional holiday to be �iven to ELIPLOYEES, which may vary from year to year and will be announced prior to the calendaz year. 16.3 EvIPLOYEES required to work on any of the City-designated holidays shall paid at the overtime rate (one and one-half times base rate) for all hours worked on the designated holiday between the hours of midnight and midnight. ARTICLE XVII. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will•serve a twelve (12) month probationary period. ARTICLE Xv�. BEREAVENIENT LEAVE 13.1 In the case that an employee's immediate family member occurs, the employee will be grarned up to up to three (3) days of bereavement leave with pay. The City Manager may grant additional time off or time off without pay, depending on the situation. 18.2 For this purpose, members of the immediate family of the employee are considered to be the following: spouse, children (natural or adopted), parents, grandparents, grandchildren, siblings, parents-in-law, sisters-in-law, and brothers-in-law. Annual leave should be used to compensate an employee to attend funerals if the person is not immediate family. ARTICLE XIX. JURY PAY 19.1 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 . � �RTICI.E ti�C. Lti'IFOR�I :�LLOWA:�iCE 20.1 The EtiIPLOYER shall provide a uniform clothing allowance for Firefi�hters in the amount of ��25 for 2003 contract yeaz. ARTICLE XXL PTSL�tiCE 21 I For the calendar year 3003, for Employees who choose sin�e coverage of the base plan, the Employ-er ��ill contribute up to �33�.�8 per month per employee to�vard health or an amount equal to that pro�ided to non-union empioyees, whichever is �eater, in accordance with the Employer's Flexible Benefit Plan. 21.? For the calendar year 2003, for Employees who choose dependent coverage for the base plan, the Employer will contribute up to $749.4� per month per employee toward health, or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. Z 1.3 For the calendar year 2003, for Employees who choose dental coverage, the Employer will contribute up to $15 per month towazd dental, or an amount equal to that provided to non- union employees, whichever is greaxer, in accordance with the Employer's Flexible Benefit Plan. 21.4 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 (current cost is $4 per month), or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.� In accordance with the Employer's Flexible Benefit Plan, Employees have the option during an open enrollment period or during approved qualified events to decline health or dental insurance coverage, provided they provide proof of coverage elsewhere. In lieu of electing health and dental benefits, Employees may elect the option of having ten (10) additional Benefit Leave Days or a monthly cash benefit of $234, or the amount equal to or greater than the amount provided to non-union employees. Benefit Leave days are required to be used within in the calendar year and may not be carried into the following year. s 41 16 :�RTICLE ��II. R-�TES OF P �Y ?=.1 The hourty w-aQe rates will apply for 2003, effective January l, 2003 (Note: amounts may be rounded to two decimal points.) Firefi¢hters First siY months Afte: siY months After 1 ;! years After 2 �/: years After 3 !! years 2002 1�.61 16.=�1 1721 18.06 18.99 ARTICLE XXIII. ADDITIOYAL IN� PAY 2003 1�.92 1 b.73 17.» 18.42 19.37 23.1 Incenuve pay will be paid over and above the standard base rate or going rate of E�iPLOYEES hired prior to January 1, 1974 according to the following schedule, provided employ ees have demonstrated progress towards improving their proficiency for their particular job title or job assignment. After � years of service $24 After 10 yeazs of service $43 After 15 yeazs of service $72 ARTICLE XX1V SEVERA��TCE PAY 24.1 For all employees hired prior to January 1, 1978, the severance pay policy shall be as follows: Any EMPLOYEE with forty-eight (48) or more consecutive months of employmern will receive severance pay in cash based on one and one-half (1'h) days for each twelve (12) consecutive morrths worked, but not to exceed thirty (30) days of the same. ARTICLE XXV. WAiVER 25.1 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 the AGREE�NT, are hereby superseded. „_ 2 S.2 The parties mutually acknowledge that during the negotiations, which resulted in this AGREEi�NT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaiiung. All agreements and understandings anived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of the AGREEMENT. The EMPLOYER and the 17 42 0 L�ZON each �-oluntarily and unqualifiedly waives the ri�ht to meet and neEOtiate re�arding any and all terms and conditions of employment referred to or covered in this a.�eement or with respect to any term or condition of employment not specifically referred to or covered in this �GREE:�tENT, even though such terms or conditions may not have been within the knowled�e or contemplation of either or both of the parties at the time this contract was negotiated or esecuted. �RTICLE KYVII. DL�R.�TION Tne .-�GREEtiIEti�I' snall be effective as of January 1, 2003, and shall remain in full force and effect throuah the thirty-first day of December 2003. In witness whereo� the parties hereto have executed this aGREEL1Eti'T on this day of , 3003. SIGNATURES FOR THE CITY OF FRIDLEY: �LaYOR —SCOTT J. LUND CITY MANAGER - WII.LIAM W. BURNS THE PiTEI2NATTONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986: KEVIN J. 3�VANSON � _.! ' � RONALD R LARSON I hereby recommend to the City Council approval of this agreemen� �'�,�c� `�� _ RESOURCES DIRECTOR, DE$(SRAH K. DAHL .-� CHIEF - CHA�I,ES J. �� 18 � � CRY OF FRIDIEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 24, 2003 APPOINTMENT ENVIRONMENTAL QUALITY AND ENERGY COMMISSION Patrick Rowan TERM EXPIRES: April 1, 2004 • � 0 0 � AGENDA ITEM � COUNCIL MEETING OF FEBRUARY 24, 2003 CR7 OF FRIDLEY CLAIMS � � 0055 - � � 023A� 45 � � � ClTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 24, 2003 LICENSES Type of License � TEMPORARY INTOXICATING LIQUOR Totino-Grace High School Greg Balego 1350 Gardena Ave NE Approved By Public Safety Fridley, MN 55432 (3 dates- Apri126, October 4& November 22) TEMORARY ON-SALE BEER Tamarisk Resources, Inc Glenn VanHulzen Public Safety 1282 Mississippi St Fridley, MN 55432 INTOXICATING LIQUOR Fridley Crab House Music Cafe Thomas Howard Public Safety 6161 Hwy 65 NE Building Inspector Fridley, MN 55432 Fire Marshall Fees - $75 $60 $8,200 MANAGERIAL LIQUOR DISPENSING Fridley Crab House Music Cafe Jessica Bertzyk Public Safety $10 6161 Hwy 65 NE Fire Inspector Fridley, MN 55432 Community Development FOOD Fridley Crab House Music Cafe Thomas Howard Public Safety $45 6161 Hwy 65 NE Fire Inspector Fridley, MN 55432 Community Development Bosnian Supermarket 6253 University Ave NE Fridley, MN 55432 Fatima Hoso Public Safety $45 Fire Inspector Community Development TOBACCO Fridley Crab House Music Cafe Thomas Howard Public Safety $125 6161 Hwy 65 NE Fire Inspector Fridley, MN 55432 Community Development � �� LICENSES (CONTINUED) Type of License � BILLIARDS Fridley Crab House Music Cafe Thomas Howard 6161 Hwy 65 NE Fridley, MN 55432 TEMPORARY FOOD Gordon's Enterprises Co Craig Gordon 6140 Trinity Dr Fridley, MN 5�432 AUCTION Totino-Grace High School Greg Balego 1350 Gardena Ave NE Fridley, MN 55432 TEMPORARY GAMBLING PERMIT Totino-Grace parents Organization Marla Friederichs 1350 Gardena Ave Fridley, MN 55432 47 Approved By Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Public Safety City Clerk � Fees $50 $30 Waived Waived ��I i � City of Fridle AGENDAITEM City Council Meeting Of Monday, February 24, 2003 � Electrical Petes Repair Inc 8835 Xylon Ave N Pete Perusse Brooklyn Park MN 55445- Gas Services Comfort Mechanical Inc 8600 Xylon Ave N STE 109 Peter Duwenhoegger Brooklyn Park MN 55445- DJs Heating 8 Air Cond 6060 LaBeaux Ave Thomas Wendel Albertville MN 55301- Minnesota Gas Light Inc 7866 University Ave NE Walt Valaitis Fridley MN 55432- General Contractor-Residential Advance Aluminum Supply Inc (7983) 7701 Main St NE James Myers Fridley MN 55432- B & B Building � Remodeling 6038 191 Lane NW Tracy Brown Anoka MN 55303- Twin Cities Siding Professionals 855 3 St SW STE 1 Terry Stamman New Brighton MN 55112- � 48 Anproved Bv: State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN � State of MN � 0 n � Plumbina Comfort Mechanical Inc 8600 Xylon Ave N STE 109 Brookiyn Park MN 55445- Commers Conditioned Water Co 9150 W 35 W Service Dr Blaine MN 55449- Plumbing by Davey Jones 1382 140 Avenue Andover MN 55304- Sian Erector Fromms Signs Inc 8300 W 35 W Service Dr NE Blaine MN 55449- � Peter Duwenhoegger John Commers David Jones Corey Fromm i • r Aparoved Bv: State of MN State of MN State of MN Ron Julkowski Building Official � AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 24, 2003 �dF ESTIMATES FRIDLEY Park Construction Company 7900 Beech Street N.E. Fridley, MN 55432 57th Avenue Sanitary Sewer Improvement Project No. 346 FINAL ESTIMATE .............................................................................. $ 5,194.07 � 50 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DMSION 6431 University Avenue N.E. Fridley, Minnesota 55432 Honorable Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: February 24, 2003 CERTIFICATE OF TI� ENGINEER We hereby submit the Final Estimate for 5'7`� Avenue Sanitary Sewer Improvement Project No. 346, for Park Construction Company, 500 73'� Ave NE, Ste 123, Minneapolis, MN 55432. We have viewed the work under contract for the construction of Project No. 346 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on February 24, 2003. Respectfull submitted, � Jon H. Haukaas Uirector of Public Works JT:cz Prepazed Checked 51 February 24, 2003 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY 57'� AVEN[JE SAr1ITARY SEWER IMPROVEMENT PROJECT NO. 346 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specificarions of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIl�IATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being February 14, 2003. a Ottes n, Assistant Public Works Director /(i..-. K Contractor Representative, (Title) 52 February 24, 2003 City of Fridley 57� AVENLTE SAlvITARY SEWER IMPROVEMENT PROJECT NO. 346 CERTI�'ICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have beenactually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The fmal contract cost is $259,703.21 and the final payment of $5,194.07 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. ,l�— v. Contractor �� February 24, 2003 City of Fridley 57T" AVENUE SArTITARY SEWER IlVIPROVEMENT PROJECT NO. 346 PREVAII,ING WAGE VERIFICATION This is to certify that Pazk Construction Company has abided by the Prevailing Wage Provisions as specified by the Minnesota Deparbment of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. ��. vt. Contractor 54 � . � FROM: City of Fridley Engineering Division TO: Honorable Mayor and City Council City of Fridley 6431 University Ave, NE Fridley, MN 55432 Dated: February 24, 2003 Contract Item Remove Concrete Curb and Gutter Remove Bituminous Pavemtnt Saw Cut Bituminous Pavement Common Excavation (C� (Plan Qty) Subgrade Preparation F&I Aggregate Base - Class 5(100% Cn�shed) Mill Bituminous Surface (1.5" Depth) Saw and Seal Joints F&I Type 41A Wearing Course Mixture (w/oil) F&I Type 31 Base Course Mixture (w/oil) F&I Bituminous Mixture for Tack Coat F&I Concrete Curb and Gutter - Design B618 Trafiic Control F&I 4" Broken Line Yellow - Poly Preformed F&I Silt Fence FBcI Sod Type Lawn (including 4in. Topsoil) Remove Storm Sewer Connect to Existing Storm Sewer � F&I 12" RC Pipe CL 5 _ F&I 15" RC Pipe CL 5 F&I 18" RC Pipe CL 5 F&I Manhole Casting Adjust Frame, Ring and Casting Remove Sanitary Sewer (8" VCP) Remove Exisring Sanitary Manhole Connect to Existing Sanitary Sewer (core drill) F&I Outside Drop Manhole F&I 48" Sanitary Manhole (8' maximum) Exua Depth 48" Sanitary Manhole (over 8') Reconstruct Exisring Manhole Invtrt E&I 8" PVC Sanitary Sewer (SDR 35) Jack 18" Steel Casing F&I 8" PVC Sanitarv Sewer Thru Casina (SDR CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MIIYNESOTA 55432 Esrimate No. Final Period Ending: February 14, 2003 For: Park Construction Company S00 73rd Ave NE, Ste 123 Minneapolis �tN 55432-1795 57TH AVE SANIT.aRY SEWER IMPROVEMENT PROJECT NO. 346 Job Code: 602-6000-415-4530-6002 STATEMENT OF WORK Estimated Quanrity Unit 1.00 70.00 7,34( 50.00 12.00 Sta 3,200 Ton 120.00 SY 1,500 LF 850.00 Ton 850.00 Ton 500.00 Gal 150.00 LF 1.00 LS 240.00 LF 50.00 LF 100.00 SY 200.00 LF 7.00 EA 85.00 LF 35.00 L,F 80.00 LF 11.00 EA 11.00 EA 506.00 LF 3.00 EA 2.00 EA 7.00 LF 5.00 EA 12.33 LF 2.00 EA 860.00 LF 220.00 LF 220.00 � 1 Unit Price 7,000.00 2.70 0.65 5.00 2.06 225.00 8.60 14.00 1.85 35.00 33.00 2.00 35.00 2,300.00 5.50 2.00 12.00 10.00 1,000.00 38.00 40.00 46.00 415.�� 200.00 1.00 400.00 600.00 340.00 1,450.00 200.00 200.00 22.00 225.00 28.53 Quanriry This Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ro.� 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Cost This Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 �.0� 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Quannry To Date 1.00 66.00 7,351.81 50.00 2,442.00 12.00 3,200.00 120.00 1,426.00 979.00 961.00 465.00 158.00 1.00 190.00 105.00 75.00 92.00 6.00 76.00 32.00 0.00 I 1.00 11.00 567.00 4.00 2.00 6.60 5.00 11.00 2.00 894.00 207.00 207.00 Park Construction Company Estimate No. Final Contract Item Abandon 3 l0' long 8" VCP Sanitary Sewer Line Blow Full of Silica Sand and Bulkhead Both Ends F&I Temporary Sewer Bypass F&I Manhole Casting fAdjust Frame, Rings and Castings Remove Existing 1" Water Services Remove Existing Hydrant & GV Connect to Existing Watermain F&I Corp Cock Adjust Valve Box (Gate) Install Hydrant & Valve Assembly F&I 10" Gate Valve wBox F&I 10" x 6" Tee F&I 10" Sleeve 6" Gate Valve with Box F&I 1" Copper Water Service for Bleeding, ;Flushing and Testing IF&I 6" DIP CL 52 w/8 mii Poly Wrap Polystyrene Insulation (8' x 4' sheeGS) SUBTOTAL TOTAL SUbIl�fARY: Original Contract Amount Contract addirions: CO #1 Contract deductions: Revised contract amount Value Completed To Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIlMIATE Estimated Unit 1.00 LS 1.00 LS 6.00 EA 6.00 EA 10.00 EA 1.00 EA 1.00 EA 1.00 EA 6.00 EA 1.00 EA 1.00 EA 1.00 EA 2.00 EA 1.00 EA 1.00 LS 50.00 LF 5.00 EA 56 Unit Price 1,000.00 7,000.00 425.00 240.00 180.00 600.00 400.00 340.00 200.00 2,900.00 1,200.00 270.00 200.00 750.00 600.00 36.00 100.00 S 259,767.92 4,030.00 263,797.92 259,703.21 254,509.14 S 5,194.07 Quanriry This Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 � Cost Total This Quantity Estimate To Date 0.00 1.00 0.00 1.00 0.00 6.00 0.00 6.00 0.00 9.00 0.00 1.00 0.00 4.Oa 0.00 O.OU 0.00 6.00 0.00 1.Oa 0.00 1.Oa 0.00 2.Od 0.00 2.OU 0.00 1.Oa 0.00 O.Oa 0.00 7'7.00 0.00 O.00 50.00 Pazk Construction Company Estimate No. Final CERTIFICATE OF THE CONTRACTOR t hereby certify that the work performed and the materials supplied to date under the terms of the contract for this project, and all authorized changes thereto, have tual value under the conuact of the amounu shown on this estimate (and the final quanriries on the final 'mate aze correct), d at thi stimate is just and correct and no part of the "amount due this estimate" has been received. n 0 BY � Date Contractor's Authorized Representative (Title) - CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this esrimate under the contract for reference project. CITY OF FRIDLEY, IN�OR ✓��G�C�L � �W • By Checked By 57 Date L��/� 3 Respectfully Submitted, � �� Jon H. Haukaas, PE Public Works Director � Page 3 � •. � .• � a Cf1Y OF FRIDLEY . r ' Date: To: From: a •s AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 24, 2003 February 19, 2003 William Burns, City Manager `P� fi Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Hearing To Declare A Certain Parcel Of City Owned Real Estate Surplus And Authorize The Sale Thereof M-02-29 INTRODUCTION Tim Sylvester Builders, Inc., owner of 5541 5th Street,. is seeking to obtain an unused portion of City right of way (ROW) located immediately south of his property. The 3,385.1 square foot parcel was originally taken by the State as ROW for I-694, but was i7 ; .� , .. „_ __ �, DATE: TO: FROM: COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Memorandum February 20, 2003 William W. Burns, City Manager �� Julianne Tostenson, Planning Secretary SUBJECT: Attachment for the February 24, 2003, Council Meeting Enclosed is the following attachment for the February 24, City Council meeting. 1. Consideration of a public hearing for an ordinance under Section 12.06 of the City Charter declaring certain real estate, generally located in the right-of-way south of 5541-5t'' Street NE, to be surplus and authorizing the sale thereof. Enclosure J�n 26„ 03 03:32p � + Sue Larson January 20, 2003 City of Fridley 6431 Ur�iversity Ave. N E Fridley, � Minnesota 5 5 040 Re: 763-444-6976 of property fxom the City To City of Fridley: [PAUL BOLIl�T,A/CP] This is �o accept the offer of sale for $l.t This is for the land portions of lot 25 anc Hamilton's Addition. This offer is given by Tim Sylvester Bui Highway 65 NE Isanti, Minnesota. 55o 444-8805. Please pxesent to the Council for action 2003. i _.. .. ..._ ._--- ._ . ._ _ .-- Sincerei . . _. .. -- __ . . _ . _. "'Tr''�': � � � - Tim S ' veste , Tim Svlvester Builders, Inc. Fridley . - p.l � per Square foot. 26, block 7 of ;rs, Inc. 27875 . Phone 763- January 21, • Feb 04 03 08:33a Kurth � ,'� JAN.29.20�3 3:33PM ANO�A_TiT.c ANOKA TITLE AG�NCX, LLC 9ai w�rvv~� io. surrE ioa �.tvoxay Nmt ssso3 (?63) 71�9909 R4,IC (763} 57'6-8299 0�l�'lb�D'JHa� mfir�n Q.w. rt ATAFileNa 036150 763-788-7602 N0. 402 P. 3 %egal7ksetiptio�: Tfut part of Lom ]S �d 7b, Blak 7, HsmiILOn'c Ad�tion to MeaheoicovIDe,llnoks ��Y: M�mnesota, which liw ao�ty of i Iiae tnn passliel wifh and diateat 20 &et aou�tII�vesaxiy of Lipc 1 dcscn'bcd below: Lme �_ Fonn apoict on the west lme of Sootlon 23, Toarantip 30 Na�nh, Range 24 v4est, disqn! 1551.8 feet north of thc sovUtapt coater thereo� inn easterly st an angle of 93 degrees 39 mittutq 00 saonds from snid west sation line (measured �wn north tio east) for 173.73 5� thqace deflcct to gie teR aY an angte of 3 de,p�ees I7 minutes 15 seconds for 107399 feet; thence dCfleet to tha le#t at asi �yle of 90 degrxa 57 �nuoes 45 secoads for 1052.65 fat; thmce.deileec to th�e right at m am�le of 90 degrees 00 minu6os 00 sesaads foi 65 foet to thc point of hegmning of liae 1 eo be describtd; tlle4te deflect m the rigbt at ffi�e of 90 degccs QO mcmtes QO s�s 100 feet; tbenee defloet to tlae leR on an 8 degzna 00 mmute 00 aecand c�ave (dc)ta azegic 28 degroes t5 mmutes 00 soeonde) �os 353.�3 Eoet; thmoa on bageat to ssid aaw Sor 63.47 fa� thenve deft�at to the Ieit on a 10 degcx 00 min,yte 00 aceood eurve (delta sngle 43 ckgeea 15 minutes 00 secoads) for432.i fee� thence on tangeat bo said cutve far d04.12 Fcer, thenoe defleoc to the ]eR on a 6 degcee 00 minute 00 second o�va (delta a�gle 13 degioes Ol tainute 38 seea9nds) fbr 217.12 fed aad ihese �aCmg. Anoka TStle wgescy, LLC does heeebY oe�ifY dmt os ofdx 6fh day ofNovembe , 2002, at 8:OA a-m, tha reoords in the office of the Cowaty Reeardec, in aed fa A�1� Coimiy, Mmaesota, diselose the Cttantee ir� the ]asc mooxded wnveyance to 4fe above FTaP�Y bY Quit Claim TXed recorded an the 7.8th day ofDecember,1981, as Doeunu,atNo. 583698 tlu following: The City ofFridley. TLe abovt tePNo�ed P�P�+tY �PP�� to be srDjettt� tie foqot� mcoo�tance(a): NONB PIDNa23-3o-24-3l-0087 end?3�30-2+431-0p86 'Ilria Acoputy u Exempt Proposcd Legfl b�vcriptGOa (9�sed on 3ncvey datp11/?3/03�: TLat part oCLo� 25 �d 26. Bloek 7� H�ilton'a Addition to Mechanicsv7le, Aao]oA Comty. Mi�rsota, tying Nartherly of t!u following desmbed linc: Co�nencmg at the Natheast comer af uid Lot 26; thence sowi�erly alottg �e east ]ine of seid Lot 2b a distance of A6.50 feet to tl�e point of beg�ing of the� tine to be de�en'bad; theuce Na�hwqtqly to a pa6�t on the westceiy ime lying 5.50 feet southecIy of the Nmthwese oomec oT Lot 26 and said liae there tmainacing. r �� Y_ �� ;%if Tb,is repeut is an owne+cship ana Ebentnbrance Report which anly cite� matte� appe,u�;,ag 3a che pub�ic raoras of said eo�mty and is npt to bc cmis�ued as aa ppiaion of Title. Aao1� Title Agenry, LLC diaclaims aay liability for ermrs or omissions_ �� - P•� ( Y�� ,` ,�. � � i " �� v��, ° � '� _I�' �i J°i/ " ;;1 �s �i '? fT - - ' : e-. �! �� {. � � �� }� .' r- 'a`�_ � i ;i ,. F .., : �.p _ . . - ! .' _ _ � � -' � i� ;r CTi x �/� � � d =f 7 ' ? .�' ' ` � " �: I� ;/., �..�'• '.,fi T �il� �� l('' '! i r . 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F —.'1 � .� � O � � k V � '.'!"� � . . ��5� . � " � � � � � � Q �ar � , ' ., , I{ �. � � � '.-°°� O '.-.°-i � "� � � � � .�i ». , I � w � p ,.., � ..e � � + � . p �a -�i ' � � � ,--� � W� .{, + + ,,,Q •� � t�` � ,,� "� I I .i + � . � UWi ' ±1 N O t�J� Q O '� � � � ,� >� `�! « � �� , +� W cD (J� � �p --1 -I � n �f�b ' � �_:� 1: 3_ I ; � + . � 153.6' W cJ� ° � N N � � � � � , ° �� ,, ; �P o o � "' �� O � �(� ,j � .. � . � Y � o :.L O II .. i�, �' �° � �3 `� � I ' A � � � � cj� 4, � t _ � ••, .� l � � , � 1�^ � , , �� rn �. � , --�� .I 5 5.6' a � ' ' pj� �� , p � ` � _ o M . ' ...i-� -,•-II I . - / �'_.�° , � �j 62�� i � � �� - "�"' � �! , � �-" ...�., ��nrrT(�N ...t... � _ � , I �?- ' _�� c � h 0 LEGEND �� -` .. � � v �-s-F ---130. 20---- / ' ?p �`5545 --3i.4---- 20.5 �— '--. . I I -�- \ \ � � \�---��FRF Fw� r ��<< �----� "'_—_— _ �or �_ i NE '�p E�P= OVERHEAD ELECTRIC i POWER POLE �� = FENCE CURRENT ZONE = R3 TOTAL BOUNDARY AREA = 19.007 SQ.FT. a°dI hereby certlfy that undersurvey, plon or report PhaPaled by ne or ny d�rect supervision the laws of�the s�a eLicensed Land Surveyor under _ of Mlnnesoto — � Date J��.��h z�,�, Randy L. Kurth. Licensed Land Surveyor No. 20270 Russell J. Kurth. Licensed Land Surveyor No. �g113 KURTH SURVEYING, 4002 JEFFERSON gT I NC . COLUMHIA HEIGHT3, N•E. PHONE: (763) 788-9769 FAX: MN � b 4 2 1 — E-MAIL: HURTHSURVEYOqpL COM _7602 TONY-MISC�HAMILTN2.qcd I-22-o3 Itxl7 �"=20' GRAPHIC SCALE IN FEET SCALE: � -- = T� , GARAGE �I 22 M 7.8 � � � w A W � O I a� wa i � � O `" O z , �o , •., N w ''i � I W � a � .a � � w- N .-� � j J / I / .) �MN DOT �W L I NE� PP F\ \ F\ TSB OWNERSHIP c TRqCT A) Lots 27,28 and 29, Block 7, Hanlltons Additlon to Mechonlcs,iille. Anoka County, Mlnnesoto. CITY OF FRIDL.EY OWNERSHIP ( TRACT B) That port of Lots 25 and 26. Block 7. Hanlltons Addition to Mechanlcsvllle. Anoka County, MinnesoTo, ly�ng Northerly of the followinq descrlbed line: Connencing at the Northeast corner of sa�d Lot 2g; Thence southerly olonq the eosi Ilne of soid Lot 2g, a dlstance of 46.5o feet to the potnt of be of the Ilne to be descrlbed: ihence Northwesterly to a polnt on the westerly Ilne � �� 9��ning of the Northwest corner of LotY26ga�d50afdel�neUtherey terninatinq. � The City will retain a 10' boulev�rd between the edge of the property and the existing bituminous roadway, consistent with properties to the west. The parcel in question is not buildable as a stand-alone parcel and the City has no plans for future use of this property. As Tim Sylvester Builders has agreed to the City's conditions placed on the sale of this property, staff recommends the Council declare the property excess and authorize sale thereof. STAFF RECOMMENDATION Staff recommends holding the p�ublic hearing on this item. Staff further recommends declaring this property excess and selling the property for $1/ square foot, with the following conditions ' • Purchaser cover all filing !fees associated with transaction. • Purchaser provide a guartantee of clean title. • Parcel be combined with'Purchaser's existing property. • Purchaser prepare a quiticlaim deed. • Purchaser provide the ne�w legal description of the property to the City. • City must approve architectural elevations of any buildings to be constructed on the combination of lots prior to issuance of any building permits. • The sale shall be effective by July 1, 2003. Staff will prepare an ordinance declaring this property excess for the Council's review and first reading at their March 3, 2003, meeting. If Council is inclined to declare the property excess and authorize sale of said property the second reading of the ordinance will be scheduled for their March 24, 2003, meeting. r 59 Ordinance No. AN ORDINANCE AMENDING CHAPTER 214 OF THE FRIDLEY CITY CODE PERTAINING TO AUTOMATIC CHANGEABLE SIGNS. THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY FINDS AND ORDAINS, AFTER REVIEW, EXAMINATION AND STAFF RECOMMENDATION THAT CHAPTER 214, SIGNS OF THE FRIDLEY CITY CODE BE AMENDED AS FOLLOWS: Section 214.07 SIGNS PERI�IITTED WITH A SPECIAL USE PERMIT 1. Automatic changeable signs are pernutted in all districts except residential districts, and then only after the issuance of a special use permif subject to the following minimum conditions: (A) Conformance to the sign requirements within that district. (B) The message shall not change more than once every �€te fortv-five (45) seconds o��op� ze� � s}g� c�6p�&Ti�3b ��i33e, �e��e�a�e� �� PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24� DAY OF FEBRUARY, 2003. A TTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: January 27, 2003 First Reading: February 10, 2003 Second Reading: February 24, 2003 Publication: March 6, 2003 62 SCOTT J. LUND - MAYOR � , : AGENDA ITEM CITY COUNCIL M�ETI1�1� OF aTM � February 24, 2003 ��r To: William W. Bums, City Manager (�`� � � From: Richard D. Pribyl, Finance Director - Debra A. Skogen, City Clerk Date: February 19, 2003 Re: First Reading of an Ordinance Amending Chapter 603, Intoxicating Liquor by Defining Bowiing Alleys Staff is presenting an ordinance proposing an amendment to Chapter 603 Intoxicating Liquor at the request of the City Council after the January 27, 2003, City Council meeting as a result of AMF Bowling Centers non-compliance of the current City Code. The amendment would define a bowling center and further clarify and define the appropriate food to liquor sales for a restaurarn, hotel and bowling center. Staff recommends the City Council discuss the amendment and hold the first reading of the ordinance. 63 � ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 603. INTOXICATING LIQUOR DEFINING BOWLING CENTERS The City Council of the City of Fridley hereby finds and ordains, after review, examination and staff recommendation, that Chapter 603, Intoxicating Liquor is hereby amended as follows: 603.01 DEFINITIONS 1. Bowlin Cg enter An establishment under the control of a single proprietor or manager, having a minimum of 20 lanes for the s�ort of bowling and where in consideration of payment therefore, the �eneral public is permitted to participate in the sport of bowling. Such establishment shall have a kitchen and other facilities to serve meals and where in consideration of pavment therefore, meals are re�ularly served at tables to the �eneral public. Such establishment em�loys an adequate staff for the usual and suitable service to its�euests and the business of bowling, includin�� sale or rental of bowlin� equi�ment and sup�lies for a license�ear is a minimum of 60% of the total �ross sales of the business. �Z. Church �3. Floor Area 34. Hotel 45. Intoxicating Liquor �6. Manufacturer 67. On-Sale �8. Restaurant. Any estabiishment, other than a hotel or bowlin� center, under the control of a single proprietor or manager, having I�tchen and other facilities to serve meals and where, in coasideration of payment therefore, meais are regularly served at tables to the general public. Such establishment employs an adequate staff for the usual and suitabte service to its guests, and the business of serving food and/or intoaicating liquors for a license year is a minimum of 40% of the total gross sales of the business. (Ref. 579) 89. Sale(Sell) 910. Wholesale 603.02. License Required � No person, except wholesalers or manufacturers to the e�ent authorized under State License, shall directly or indirectly deal in, sell, or keep for sale any into�cating liquor without first having received a license to do so as provided in this Chapter. No person shall sell any into�cating liquor on Sundays without obtaining a separate license of Sunday Sales, as required b,y Minnesota State Statues. On-Sale intoxicating liauor licenses shall only be �ranted to bowlin� centers, hotels. and restaurants, as defined in Section 603.01 where food is prepazed and served for consumption on the premises. .' � Resolution No. - 2002 603.10. Conditions of License Page 3 18. A restaurant shall be conducted in such a manner that� of that aart of the total business attributable to or derived from the servin$ of foods and intoaicating li4uors, a minimum of 40% of the business for a license vear is from the serving of food. 0 �a�i�a�g-Hq��s. A hotei shall be conducted in such a manner that, of that part of the total business attributabie to or derived from the serving of foods and intoaicating tiquors, a minimum of 40% of the business for a license year is from the serving of food. A bowling center shall be conducted in such a manner that� of that aart of the total business attributable to or derived from the sale of food and intoaicating liquors. a minimum of 30% of the gross sales of the food and liauor is from the servins of food. 19. At the time of application for renewal of application of an "on-sale" license, the applicant shall submit proof to the City that ° the minimum uercentage urovided above in Section 603.10.18 of the gross sales, derived from the sate of food and intoaicating liquors of the establishment, for which the "on-sale" license is to be used, is in the serviag of food. Passed and adopted by the City Council of the City of Fridley this _ day of , 2003. ATTEST: Debra A. Skogen, City Clerk First Reading: Second Reading: Publication: 65 Scott J. Lund, Mayor � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 24, 2003 Date: February 18, 2003 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #03-04, Timothy Miller, 591 Dover Street M-03-26 INTRODUCTION The petitioner, Timothy Miller, is seeking two variances to will allow for the reduction of the front yard setback at his residence at 591 Dover Street. The first variance request is to reduce the front yard setback from 29 feet to 18.2 feet to recognize an existing non-conformity. The original home was constructed prior to 1949. When it was constructed, it was built facing Dover Street, meeting all setback requirements. When Dover Street was vacated in 1991, Broad Avenue became the code required front yard, because it's the property's only street frontage. With Broad Avenue becoming the front yard, it left a non-conforming front yard setback at 18.2 feet. The second variance request is to reduce the front yard setback from 29 feet to 10 feet to construct an open covered porch on the west side of the home. The petitioner would like to use this porch to connect his existing decks on the north and south sides of his. home. City Staff has not been able to identify any hardship for this variance request. Undue hardship does exist, when it comes to the placement of the existing house, however, the desire to construct a porch on the west side of the home that connects the decks on the north and south sides of the home is not a unique condition. APPEALS COMMISSION RECOMMENDATIONS � First Variance Request — At the February 12, 2003, Appeals Commission meeting, a public hearing was held for VAR #03-04. After a brief discussion, the Appeals Commission recommended approval of the front yard setback variance recognizing an existing non-conformity. THE MOTION CARRIED UNANIMOUSLY. Second Variance Request — At the February 12, 2003, Appeals Commission meeting, a public hearing was held for VAR #03-04. After a brief discussion, the Appeals .. Commission recommended denial of the front yard setback request to reduce the front yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of the house, as no similar variances have been granted in the past, an alternative does exist, and there is no undue hardship. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Appeals Commission. � 67 City of Fridley Land Use Appiication SP #03-04 February 12, 2003 GENERAL INFORMATION SPECIAL INFORMATION Appiicant: Timothy Miller 591 Dover Street NE Fndiey MN 55432 Requested Action: Variances reducing the front yard setback. Existing Zoning: R-1 (Single Family Residential} Location: 591 Dover Street Size: 14,850 sq. ft. .34 acres Existing Land Use: Single family home. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family 8� R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.07.03.D.(1) requires a front yard setback of 25 feet." ' City Code requires that if the front yard setback of neighboring homes is greater than the minimum front yard setback, then the setback for the new structure can be six (6) feet more or less of the average depth of the adjacent structures. In no case shall it be less than the required front vard setback. Zoning History: 1922 — Lot is platted. 1949 — Home built pre-1949. 1963 — Detached garage built. 1991 — Dover Street vacated. 1998 — Building permit is5ued to construct a basement and add a foyer. 2002 — Special use permit and building permit issued to construct a second accessory structure. 2002 — Building permit issued to construct a second story to the home. Legal Description of Property: Lots 18 thru 21, Block K, Riverview Heiqhts Public Utilities: � Home is connected. Transportation: Broad Avenue provides access to the residence. Physical Characteristics: Typical suburban landscaping. SUMMARY OF PROJECT The petitioner, Mr. Miller, is seeking a variance to reduce the front yard setback to recognize an existing non-conformiry and a variance to construct an open covered porch on the west side of his home. SUMMARY OF HARDSHIP "My reason of hardship would start with the direction of my house. The address, 591 Dover Street, sits on the corner of Dover Street (vacated) and Broad Avenue. The front of the house was built facing Dover Street and at the bottom of a hill. The house looks /ike it wou/d be addressed off Broad Avenue, even though the house was built facing Dover Street." - Timothy Miller SUMMARY OF ANALYSIS City Staff recommends approval of the front yard setback variance recognizing an existing non- conformity. • The variance is simply recognizing a pre- existing condition. ■ Approving this variance should not set a precedent for undeveloped lots in the future. City Staff recommends denial of the front yard setback request to reduce the front yard setback to construct an open, covered porch on the west side of the house. • No similar variances have been granted in the past. • An alternative does exist. • There is no undue hardship. CITY COUNCIL ACTION/ 60 DAY DATE City Council — February 24, 2003 60 Day — March 10, 2003 (Existing home) Staff Report Prepared by: Stacy Stromberg VAR #03-04 REQUEST Petitioner, Timothy Miller, is seeking two variances that will allow for the reduction of the front yard setback at his residence at 591 Dover Street. The first variance request is to reduce the front yard setback from 29 feet to 18.2 feet to recognize an existing non-conformity. The second variance request is to reduce the front yard setback from 29 feet to 10 feet to construct an opened covered porch on the west side of his home. ANALYSIS The property is zoned R-1 Single Family as are all surrounding properties. The property is addressed off Dover Street; however, it receives access from Broad Avenue. Essentially this property is a corner lot, being situated on the corner of Dover Street, which was vacated in 1991, and Broad Avenue. The original home was constructed prior to 1949. When it was constructed, it was built facing Dover Street, meeting all setback requirements. When Dover Street was vacated in 1991, Broad Avenue became the code required front yard, because iYs the property's only street frontage. With Broad Avenue becoming the front yard, it leaves a non-conforming front yard setback at 18.2 feet. The petitioner is seeking a variance to recognize this non-conforming setback. Existing Home �� The dimensions of the lot are 110 ft. by 135 ft. and it's a rectangular shape. As stated above, the existing home was built prior to 1949, the existing garage was built in 1963, a building permit was issued in 1998 to construct a basement and to add a foyer to the home, a special use permit and building permit were issued in 2002 to allow for the construction of a second accessory structure, and also in 2002, a building permit was issued to allow for the construction of a second story to the home. CODE REQUIREMENTS City Code requires a minimum front yard setback of twenty-five (25) feet; however, because one of the neighboring properties is set back at forty-five (45) feet and the other is set back at twenty-five (25) feet, the front yard setback averaging requirement needs to be considered. City Code requires that if the front yard setback of neighboring homes is greater than the minimum front yard setback, then the setback for the new structure can be six (6) feet more or less of the average front yard setback depth of the adjacent structures. In no case shall it be less than the required front yard setback. Based on the above code requirements, a front yard setback of 29 feet is determined. As stated above, the home/garage to the north is set back 25 feet from the front yard property line and the home directly to the south is set back 45 feet from the front yard property line. The average of these finro setbacks is 35 feet. When you add/minus 6 feet, the front yard setback options for this home are between 29 feet and 41 feet. Front Yard Setback Variance — recoqnizinq an existina non-conformity The petitioner is seeking a variance to reduce the front yard setback from 29 feet to 18.2 feet to recognize an existing non-conformity. As was stated above, the vacation of Dover Street changed the code required front yard of this property to Broad Street, thus leaving a non-conforming front yard setback. This property also has unique conditions relating to the steep hill on the east side of the property, which may have helped determine the placement of the original home. Granting this variance should not set a precedent for undeveloped lots in the future as it's simply recognizing an existing non-conformity. There was a similar variance granted in 2002 at 6452 Able Street, to reduce the front yard setback from 29 feet to 18.8 feet to recognize an existing non-conformity. Front Yard Setback Variance — construction of open, covered porch The petitioner is also seeking a variance to reduce the front yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of his home. He would like to use this porch to connect his existing decks on the north and soutk► sides of his home, which he believes would make for a more uniform look to his house. Staff has taken a look at the site and noted that there is another option that wouldn't require a variance. This alternative is that the petitioner could construct steps coming off the west sides of the north and south decks and then connect them with sidewalk. The sidewalk would allow for a connection to both of the decks without requiring a variance to reduce the front yard setback to 10 feet. 70 Front yard setback Variance Hardship Before the Commission shall grant a variance, it is the responsibility of the applicant to prove that enforcement of the code would case undue hardship because of conditions unique to the property and that if the variance is granted it will be in keeping with the intent of the ordinance. Undue hardship as defined by law is: 1. The property cannot be put to reasonable use if used under the requirements of the code. 2. The need for the variance is due to the conditions unique to the property and not created by action of the landowner. 3. The variance, if granted, will not alter the character of the neighborhood. City Staff has not been able to identify any hardship for the variance request for the construction of an open, covered porch on the west side of the petitioner's home. The hardship statement submitted by the petitioner shows that undue hardship does exist, when it comes to the placement of the existing house. However, the desire to construct a porch on the west side of the home that connects the decks on the north and south sides of the home is not a unique condition. In reviewing the petitioner's request, staff applied the legal definition of hardship and developed the following analysis: 1. The property cannot be put to reasonable use if used under the requirement of the code. • Staff's research recognized that an alternative does exist. • Property can still be used as a single family home. There are already two decks connected to the home. 71 2. The need for the variance is due to unique property conditions. • The property does have unique property conditions, however those conditions do not affect the petitioners ability to have 2 decks on the north and south sides of his home. 3. The variance will not alter the character of the neighborhood. • The code requires the front yard to provide front yard space to be used for green areas which enhance neighborhoods. The front yard setback is also required for aesthetic consideration to reduce the building "line of sighY' encroachment into the neighbor's front yard, which makes the homes less intrusive and prevents obstructing site lines. There are no other homes on this block that come close to encroaching this far into the front yard setback. City staff Mas received no comments from neighboring property owners. SUMMARY OF HARDSHIP "My reason of hardship would start with the direction of my house. The address, 591 Dover Street sits on the corner of Dover Street (vacated) and Broad Avenue. The front of the house was built facing Dover Street and at the bottom of a hill. The house looks like it would be addressed off Broad Avenue, even though the house was built facing Dover Street. "- also see attached hardship statement. - Timothy Miller RECOMMENDATIONS City Staff recommends approval of the front yard setback variance recognizing an existing non-conformity. • The variance is simply recognizing a pre-existing condition. • Approving this variance should not set a precedent for undeveloped lots in the future. City Staff recommends denial of the front yard setback reguest to reduce the front yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of the house. • No similar variances have been granted in the past. • An alternative does exist. • There is no undue hardship. � 72 CITY OF FRIDLEY APPEALS COMMISSION MEETING Februarv 12, 2003 PUBLIC HEARING: VARIANCE REQUEST VAR #03-04 BY TIMOTHY MILLER: • Per Section 205.07.03.D(1) of the Fridley Zoning Code, to reduce the front yard setback from 29 feet to 18.2 feet to recognize an existing non-conformity; and • Per Section 205.04.04.G of the Fridley Zoning Code, to reduce the front yard setback from 29 feet to 10 feet to construct an open covered porch on the west side of the home, on Lots 18-24, Block K, Riverview Heights Addition, generally located at 591 Dover Street NE. MOTION by Mr. Jones, seconded by Dr. Vos, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOT10N CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:39 P.M. Ms. Stromberg stated the petitioner is seeking two variances that will allow for the reduction of the front yard setback at his residence at 591 Dover Street. The first variance is to reduce the front yard setback from 29 feet to 18.2 feet to recognize an existing nonconformity. The second variance is to reduce the front yard setback from 29 feet to 10 feet to construct an open covered porch on the left side of his home. Ms. Stromberg stated the petitioner's summary of hardship states: "My reason of hardship would start with the direction of my house. The address, 591 Dover Street, sits on the corner of Dover Street (vacated) and Broad Avenue. The front of the house was built facing Dover Street and at the bottom of a hill. The house looks like it would be addressed off Broad Avenue even though the house was built facing Dover Street." Ms. Stromberg stated the property is zoned R-1, Single Family, as are all surrounding properties. The property is addressed off Dover Street; however, it receives access from Broad Avenue. The original home was constructed prior to 1949. When it was constructed, it was built facing Dover Street, meeting all setback requirements. When Dover Street was vacated in 1991, Broad Avenue became the code-required front yard because it is the property's only street frontage. When Broad Avenue became the front yard, it left a non-conforming front yard setback at 18.2 feet. Therefore, the petitioner is seeking a variance to recognize this non- conforming setback. Ms. Stromberg stated the City Code requires a minimum front yard setback of 25 feet; but because one of the neighboring properties is set back at 45 feet and the other is set back at 25 feet, the front yard setback average requirement needs to be considered. The City Code requires that if the front yard setback of neighboring homes is greater than the minimum front yard setback, then the setback can be 6 feet more or less of the average setback of the adjacent structures. In no case shall it be less than the required frorlt yard setback which is 25 feet. Based on that requirement, a front yard setback of 29 feet is determined. The home and garage to the north are set back 25 feet from the front yard property line, and the home to the south is set back 45 feet from the front yard property line. The average of these finro setbacks is 35 feet. When you add or minus 6 feet, the front yard setback options for this home are 29 feet or 41 feet. Ms. Stromberg stated the petitioner is seeking a variance to reduce the front yard setback from 29 feet to 18.2 feet to recognize an existing non-conformity. The vacation of Dover Street changed the code-required front yard of this property to Broad Avenue, thus leaving a non- conforming front yard setback. This property also has unique conditions relating to a steep hill 73 APPEALS COMMISSION MINUTES, FEBRUARY 12, 2003 PAGE 2 on the east side of the property which may have helped determine the placement of the original home. Granting this variance should not set a precedent for undeveloped lots in the future as it is simply recognizing an existing non-conformity. Ms. Stromberg stated a similar variance was granted in 2002 at 6452 Able Street to reduce the front yard setback from 29 feet to 18.8 feet to recognize an existing non-conformity. The petitioner is also seeking a variance to reduce the front yard setback from 29 feet to 10 feet to construct an open-covered porch on the west side of his house. He would like to use this porch to connect his existing deck from the north and south sides of his home which he believes would make for a more uniform look to his house. Staff has taken a look at the site and noted there is another option that wouldn't require a variance. The petitioner could construct steps coming off the west sides of the north and south decks and then connect with sidewalk. The sidewalk would allow for a connection to both of the decks without requiring a variance to reduce the front yard setback to 10 feet. Ms. Stromberg stated City staff has not been able to identify any hardship as defined by law for the variance request for construction of an open covered porch on the west side of petitioner's home. The hardship statement submitted by the petitioner shows that undue hardship does exist when it comes to the placement of the existing house; however, the desire to construct a porch on the west side of the home that connects the decks on the north and south sides of the home is not a unique condition. Undue hardship as defined by the law is: 1. The property cannot be put to reasonable use if used under the requirements of the code. Staff `s research recognized that an alternative does exist and the property can still be used as a single-family home and there are already two decks connected to the house. 2. The need for the variance is due to a unique property condition. The properry does have a unique property condition; however, those conditions do not affect the petitioner's ability to have two decks on the north and south sides of the home. 3. The variance will not alter the character of the neighborhood. The Code requires the front yard to provide front yard space to be used for green areas which enhance neighborhoods. The front yard setback is also required for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard which makes the home less intrusive and prevents obstructing site lines. There are no other homes on this block that come close to encroaching this far into the front yard setback. Mr. Stromberg stated City staff recommends approval of the front yard setback variance recognizing an existing non-conformity as this variance is simply reco"gnizing a pre-existing condition and approving this variance should not set a precedent for undeveloped lots in the future. City staff recommends denial of the front yard setback request to reduce the front yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of the house because no similar variances have been granted in the past, an alternative does exist, and there is no undue hardship. Mr. Kuechle asked if the rules would be any different if petitioner was asking for an uncovered deck. 74 APPEALS COMMISSION MINUTES, FEBRUARY 12. 2003 Ms. Stromberg replied, no. Mr. Kuechle asked what are the rules about how high up the walkway is. Ms. Stromberg replied the Code doesn't address how high the walkway can be. . Mr. Kuechle asked when does a sidewa�k became a deck? PAGE 3 Ms. Stromberg stated it becomes a deck as soon as it is elevated. Then it is a structure; it has to have posts, and it requires a building permit. Dr. Vos inquired about the vacation of Dover Street since it never existed. Ms. Stromberg replied it was a street only on paper. The street never went through. Mr. Jones asked if the petitioner could put in just a walkway made out of decking block at ground level, not in the ground, but basically just sitting on top of the ground. Ms. Stromberg replied, yes. Mr. Jones asked if it could be covered? Ms. Stromberg replied, no. Mr. Jones asked what if it was not attached to the house? Ms. Stromberg replied that it is still in the front yard. The petitioner, Timothy Milter, 591 Dover Street NE, asked if there were any other streets vacated in Fridley where the front of the house was facing the street that was vacated. Streets like Ely, Cheryl, and Buffalo were supposed to go through at one time but never did and, like Dover, they were all on paper as a road. If any of those streets would be vacated, there would have been frequent false side yards. His house is the only one that faces an actual street when it was built, so the street frontage is Dover Street. Since he has lived in the house, he has built a basement, lifted the house up, built a second story and a garage. He is looking for a more uniform look to the house to make it look more like a colonial-style house. The setback for the porch doesn't even have to be seven feet, just enough to make a roof on it and wrap a porch around the house to make it look more uniform and more toward Broad Street, rather than Dover Street. Dr. Vos stated there is not a lot of land between the curb and the house. He stated the house looks really nice. It is pretty obvious that this house makes the neighborhood look better. He is reluctant to have more stuff in the front yard, and he thought the back deck looked good. � Mr. Miller stated that if he wanted to, he could run a wooden deck across the lawn. Mr. Kuechle, replied, yes, as long as it was on the ground. Ms. Stromberg stated she should probably check with the Building Official to make sure this is true. 75 APPEALS COMMISSION MINUTES, FEBRUARY 12, 2003 PAGE 4 Mr. Miller stated that he is just looking for more of a uniform look to the house itself. if the house was set back on the lot, he would be able to do it. But, with it being on the corner lot, and Dover Street being vacated, it becomes a problem. Mr. Kuechle stated he can understand how the petitioner would want to give the house a street front look. Mr. Miller stated that in considering other options to get the house to match, he was looking at more of a one or two foot overhang halfway down the house, connecting the two roof points from the front to the back but without having to go through the variance process. Mr. Kuechle stated he did not think overhangs are a problem. Mr. Miller stated he could then put in a couple of bow windows and dress it up a little bit from the street side without having to go through the variance process again. Mr. Kuechle stated that a bow window might be a problem as it is extending the house. Mr. Jones asked if it matters since the bow window does not extend the foundation. Mr. Kuechle stated that it does. Mr. Miller stated the front yard is 17.5 right at the corner. Dr. Vos stated that Mr. Miller has 29 feet to 41 feet, and 29 feet is the best he has and that is the middle of his house. Ms. Stromberg stated she did not think an overhang would be a problem, but they should check with the Building O�cial. Mr. Miller stated he is looking at options to try and give the house a Broad Street look. Mr. John Malloy, 8051 Broad Avenue, stated he lives directly north of Mr. Miller's home. He has lived there 24 years, and Mr. Miller has done a great job with this house. It used to be a little two bedroom shack. He stated he has no objections to the variances. He got a 25 feet variance from his garage 24 years ago, 10 feet in front of his house, if it wasn't encroaching on the neighbors. He cannot see Mr. Miller's garage anyway. MOTION by Mr. Jones, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:13 P.M. Dr. Vos stated he believed they need to make two motions on these'iwo variance requests. MOTION by Dr. Vos, seconded by Mr. Jones, to recommend approval of variance, VAR #03-04, to reduce the front yard setback from 29 feet to 18.2 feet to recognize an existing non- conformity on Lots 18-24, Block K, Riverview Heights, generally located at 591 Dover Street NE UPON A VOICE VOTE, ALL VOTE AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Dr. Vos stated if they vote to deny the second variance, it would still go to the City Council. 76 APPEALS COMMISSION MINUTES, FEBRUARY 12. 2003 PAGE 5 Mr. Jones stated he can understand what Mr. Miller wants to do, and he appreciates the fact that the neighbor came forward stating he had no opposition to what Mr. Miller wants to do. However, he would be inclined to deny that portion of the variance and send it to the City Council. Mr. Kuechle agreed. He said Mr. Miller is trying to do a good job, and he can understand Mr. Miller's concern about the street side appearance of the house, that it should look as if it faces Broad Avenue. However, he believed a variance request to 10 feet is too severe, and he cannot suppo�t it. MOTION by Mr. Jones, seconded by Dr. Vos, to recommend denial of variance, VAR #03-04, to reduce the front yard setback from 29 feet to 10 feet to construct an open covered porch on the west side of the home, on Lots 18-24, Block K, Riverview Heights Addition, generally located at 591 Dover Street NE. UPON A VOICE VOTE, ALL VOTE AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kuechle stated this will go to the Ciry Council on February 24. P 77 � � AGENDA ITEM «r�oF CITY COUNCIL MEETING OF FEBRUARY 24, 2003 FRIDLEY 1 NI�'ORMA L STA T US RE'PORTS . r • 0 0