01/26/2009 - 4530�
� CITY COUNCIL MEETING OF JANUARY 26, 2009
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FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
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 January 5, 2009
Special City Council Meeting of January 12, 2009
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Extension of Variance Request, VAR #06-01, for
Totino-Grace High School, to Increase the Height
of the School Building from 30 Feet to 48 Feet for the
Renovation of the School Auditorium, Generally
Located at 1350 Gardena Avenue N. E. (Ward 2) ........................................... 1- 2
2. Resolution Requesting Municipal State Aid
System Construction Funds for Other Local Use
(85t" Avenue Trail Project) (Ward 3) ............................................................... 3- 4
FRIDLEY CITY COUNCIL MEETING OF JANUARY 26, 2009 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Resolution Approving and Authorizing Signing
an Agreement with Sergeants of the City of
Fridley Police Department for the Years
2008 and 2009 ................................................................................................ 5- 29
4. Approve Revised Anoka County Joint Law
Enforcement Council Joint Powers
Agreement..................................................................................................... 30 - 36
5. Claims ....................................................................................................... 37
6. Licenses ....................................................................................................... 38 - 41
7. Estimates ....................................................................................................... 42
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARING:
8. Consideration of the 2009 Street Rehabilitation
Project No. ST. 2009-01 ................................................................................. 43 - 44
FRIDLEY CITY COUNCIL MEETING OF JANUARY 26, 2009 PAGE 3
OLD BUSINESS:
9. Second Reading of an Ordinance to Amend the City
Code of the City of Fridley, Minnesota, by Making a
Change in Zoning Districts (Rezoning Request,
ZOA #05-03, by JLT East River Road, LLC,
Generally Located at 5601 East River Road)
(Ward 3) (Tabled January 5, 2009) .................................................................
NEW BUSINESS:
10. Resolution Ordering Final Plans, Specifications
and Calling for Bids: 2009 Street Rehabilitation
45 - 52
Project No. ST. 2009-01 ................................................................................. 53 - 55
11. Resolution Requesting Municipal State Aid
System Construction Funds for Other
Local Use (2009 Street Rehabilitation
Project No. ST. 2009-01) ................................................................................ 56 - 58
12. Informal Status Report .................................................................................... 59
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
JANUARY 5, 2009
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Scott Hickok, Community Development Director
James Kosluchar, Public Works Director
John Berg, Fridley Fire Chief
Fritz Knaak, City Attorney
OATH OF OFFICE:
Mayor: Scott J. Lund
Councilmember-at-Large: Robert L. Barnette
The Oath of Office was administered to the Mayor and Councilmember-at-Large by the City
Clerk, Deb Skogen.
PRESENTATION:
Fridley Historical Society presented a book recently published on the City's history.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of December 8, 2008:
Councilmember Saefke pointed out on Page 8, he is referred to as "Commissioner" on the
whole page instead of "Councilmember."
Councilmember Bolkcom stated on Page 2, second paragraph should read "Ms. Skogen replied
over votes happen at every election."
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 2
Councilmember Saefke said on Page 11, Councilmember Bolkcom is referred to as
"Commissioner" also.
City Council Meeting of December 15, 2008:
Councilmember Saefke stated on Page 6(about the middle of the page), when they were
speaking about water and sewer rates, he asked for clarification that the fixed rate would be paid
no matter what. If residents did not use excessive amounts of water, a volume charge would not
be applied. He meant to say that the fixed rate was paid no matter how much water was used,
and you would only be charged for the actual amount of water that you used. In other words,
i.e., if you only used 3,000 gallons a quarter, you would only be charged for the 3,000 gallons.
There is no minimum charge any longer for that, and you would be charged at the lowest rate
which is actually less than the current rate. If you used 20,000 gallons or less per quarter, it is
$1.08 per thousand.
APPROVED AS AMENDED.
NEW BUSINESS:
1. Approve Extension for Special Use Permit, SP #07-09, for the Sikh Society, to Allow
the Construction of a Worship Facility in an R-1, Single Family District, Generally
Located at 5350 Monroe Street (Ward 1).
William Burns, City Manager, stated the petitioner has requested an extension because of
several delays related to gaining access to the site. Petco and Target have denied the petitioner
an access easement to their site. More specifically, the petitioner has had to re-engineer the site
for access and ponding purposes. Part of this means they may need to go across one of the
wetlands on the site and, if they do, they will have to provide for wetland replacement. The
petitioner is also in the process of fundraising for the project, which they hope to have completed
soon. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
2. Resolution Designating Official Depositories for the City of Fridley.
William Burns, City Manager, stated staff recommends appointing Wells Fargo Bank
Minnesota, N.A. as the City's official depository. The City has had great service there, they
have been very responsive to our requests, and they allow us to invest idle cash on a daily basis
with minimum cost to the City. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2009-01.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 3
3. Resolution Designating an Official Newspaper for the Year 2009.
William W. Burns, City Manager, stated staff recommends we appoint the Focus News as our
official newspaper and the Star Tribune as the second official newspaper for 2009. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2009-02.
4. Resolution Imposing Load Limits on Public Streets in the City of Fridley,
Minnesota.
William Burns, City Manager, stated this resolution established winter and spring load limits for
City streets. The load limits stay into effect until the Anoka County Highway Department raises
the limits on County roads, which is usually sometime in April. Staff recommends Council's
approval.
ADOPTED RESOLUTION NO. 2009-03.
5. Receive Bids and Award Contract for the 85t'' Avenue Trail Project No. ST2008-03.
William Burns, City Manager, stated 14 bids were opened on Monday, December 15. The
project is located along the south side of 85th Avenue from the west side of the BNSF railroad
tracks to University Avenue. The work includes improved safety for non-motorized vehicles at
the BNSF rail crossing on 85th Avenue with approved crossing area. It includes paved
bituminous path and pile-supported bridge sections to span sensitive wetland areas. It also
includes signed rest areas, bike racks and refuse containers. The project construction is funded
80 percent by Federal grant and 20 percent by local match. The proj ect estimate was $1,150,000.
The low bid from Colt Construction Services was $772,638.70. The City's portion for the
project is expected to be less than $155,000. We budgeted $250,000. The City's match is to be
funded by MSAS funds. The Public Works Director has requested that this item be removed
from tonight's agenda to allow for further review with the City Attorney. Dr. Burns asked that it
be removed and tabled to a special meeting on Monday, January 12.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
6. Approve Change Order No. 1 for Elevated Tank 2 Rehabilitation, Project No. 378.
William Burns, City Manager, stated we need to modify the contract for work associated with
removal of antennas from the tower. The antennas were from Metrocom. They leased space and
have since gone out of business. The amount of the change order is $2,250. This should be the
final change order for this project. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 4
7. Approve Preparation of an Agreement Between the City of Fridley and the
Minnesota Department of Transportation for the Trunk Highway 65 and Moore
Lake Drive Traffic Control Signal Replacement (Ward 2).
William Burns, City Manager, stated MnDOT will be replacing the signals at Highway 65 and
Moore Lake Drive in 2009. The existing signal is 34 years old and probably is in as bad a
condition as any signal they have in the metro area. The desirable signal life is 25 years, per
MnDOT. The project also includes upgrades for pedestrian crossings at all four corners of the
intersection. It will be upgraded to accessible pedestrian signals (APS) which will provide
audible pedestrian push buttons, LED countdown pedestrian indicators, and pedestrian ramps
with truncated domes.
Dr. Burns stated staff recommends using galvanized steel mast arms for this signal system. If
the City decides to paint the signal poles (which we are not), the City will be responsible for
100 percent of the cost, which is $3,000 to $4,000 for each signal system. Staff recommends
installing internally lit mast arm signage (internally illuminated street name signs) at a cost of
$8,000 which will be paid for by the City. MnDOT would be responsible for the operation and
major maintenance on the signals. The City would be responsible for minor maintenance,
luminary maintenance, and power costs. Standard cost share agreement is 50 percent for the
City and 50 percent for MnDOT.
Dr. Burns stated staff has requested to be put on the advance MSAS funding list to provide its
match. If approved, it would give the City $130,000 from their 2010 MSAS allocation. Staff
recommends Council's approval to work with MnDOT on preparation of an agreement to replace
the traffic control signal at T.H. 65 and Moore Lake Drive to include galvanized poles and
internally lit signage, if the project can be funded from 2010 MSAS funds.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
8. Approve 2009 City Council and Staff Appointments.
William Burns, City Manager, stated the appointments will remain the same as in 2008. Mayor
Pro Tem will remain as Councilmember Barnette. Staff recommends council's approval of these
appointments.
APPROVED.
9. Claims (139947-140134).
APPROVED.
10. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 5
11. Estimates
Shank Contractors
3501 — 85th Avenue North
Brooklyn Park, MN 55443
Commons Park Water Treatment Plant Improvements
Estimate No. 1 ................................................$ 21,292.35
Classic Protective Coatings
N7670 State Highway 25
Menomonie, WI 54751
Water Tower No. 2 Rehabilitation Project #378
Estimate No. 2 ................................................$324,498.15
APPROVED.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item Nos. 1, 5, 6, and 7 be removed.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item
Nos. 1, 5, 6, and 7. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 1,
5, 6 and 7. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
None.
PUBLIC HEARINGS:
12. Consider the Second Reading of an Ordinance to Amend the City Code of the City
of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request,
ZOA #05-03, by JLT East River Road, LLC, Generally Located at 5601 East River
Road) (Ward 3).
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 6
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 7:53 P.M.
Mr. Hickok stated it is important they mention this was published as a public hearing. This
rezoning is a bit unique. This came before them a few years back, and there was a gap between
the first and the second readings. At the time of the first reading Council felt it was important to
publish this as a public hearing when it came back so surrounding property owners would know
that it is coming back.
Mr. Hickok stated on September 12, 2005, Council approved the first reading of a rezoning to
C-3, General Shopping Center. There was a caveat that a 24-month timeframe would allow them
time to bring back a full plan for second reading. They were to provide the application materials
that they would typically see with a first reading of an ordinance.
Mr. Hickok stated the property owners were seeking the rezoning to be able to market the
property. The City agreed in concept with the rezoning; however, to be consistent with like
applications, supporting documentation of future site layouts would be required. Since the 2005
approval of the first reading, the petitioner asked for an additional 18 months to allow them to
prepare a site plan and work out access issues with U.S. Corrugated, their neighbor to the north.
Mr. Hickok stated since the September 12, 2008, extension approval (the most recent
extension), the petitioner has submitted a site plan and the necessary information required for a
second reading. The petitioner states that marketing the site without prior rezoning approval has
hindered their ability to get serious prospects and ultimately a final commitment from retailers
looking at this site. The petitioner has also indicated they are still actively working with U.S.
Corrugated to get access issues resolved but, at the time of the writing of this report, they were
really focused on getting the rezoning and they would like to make sure they can market this site
to potential commercial users.
Mr. Hickok presented a site plan. It does show a layout. The principal retail building is
158,000 square foot retail facility; and there are a number of smaller retail facilities, including a
bank, restaurant, car wash, and motor fuel operation on the periphery of the larger retail store.
Also, there is a daycare in the north corner of this site.
Mr. Hickok stated as staff reviewed the application for the second reading, lack of an agreement
between JLT and U. S. Corrugated was something that was of concern. There have been further
discussions with 7LT and Joe Meyer. There is a stipulation (Stipulation No. 2) they would like
to modify which talks about that access. Without an agreement between the two property
owners, access to both sites may be less than perfect and approval of a compromised access plan
would be contrary to good planning practice. Since access to East River Road would be limited
to that one controlled point, we need to make sure it works very well. Individual access to East
River Road is not an option. So the best possible access is depicted on the site plan.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 7
Mr. Hickok stated Anoka County is still in the process of reviewing the 57th Avenue extension.
As it exists, just west of University Avenue, it is a county road and the presumption is that
county dedication would also carry further to the west when this connects with East River Road.
Following any further revisions from Anoka County, staff recommends that the 57th Avenue
extension be installed as shown on the submitted site plan. If funding for the bridge becomes
available, this will allow for the connection to happen and will spur new opportunities for retail
development.
Mr. Hickok stated parking dimensions were another thing pointed out on the site plan. The
stalls shown were 9.5 feet when the City's code requires 10 feet. Regarding environmental
review, this is pretty standard when you have a number of parking stalls that approach this
number. It does not necessarily mean that environmental impact statement or review process is
necessary, it just simply means that if the triggers are here, they are cognizant of that and do
what is necessary to help with the environmental issue and to proceed as necessary.
Mr. Hickok stated regarding the tax base revitalization application, the developer did receive
$168,000 for asbestos cleanup. At the time they were demolishing the original industrial
building, they had sought some funding through the Metropolitan Council. At that time, their
request did not receive first round funding, and one of the reasons stated back to the City from
the Metropolitan Council was because of the density of the development and the mix of the type
of development. 7LT did come back with a revised site plan showing approximately 200,000
square feet of retail and a 90,000 square foot office tower. The current plan shows by
comparison 186,000 square feet of mixed retail and it does not include the 90,000 square foot
office building. The plan does reflect what the developer believes is realistic in this market place
and for this site. As for what that means to their grant application to Met Council, that would be
an issue for them to reconcile with Metropolitan Council.
Mr. Hickok stated at Council's last meeting they approved an action plan basically that sets in
motion the creation of a transit-oriented district allowing TIF and other potential benefits to be
gained in this district. As a result of the creation of this district, staff hoped for quality-mixed
development that would bring high building values, jobs, and new development life to the area
that surrounds the Northstar transit site. We think this would be beneficial to the City, the
County, and the State. We also felt an internal connection allowing a ventral connection for
riders of Northstar access to the site should be considered.
Mr. Hickok stated as for the architecture, in response to earlier staff development discussions
about building image and quality, there was positive response from the developer in that they
commissioned an architectural firm to create design criteria for the future entities within the
development to follow. Short of having buildings here and known entities that were going to be
developing these sites, what the developer did is contracted with this architectural firm to
basically set standards whereby the new entities on site would live by those standards in the
design and build-out of their facility. This rezoning is different in that there are no known
tenants at the time. It does add certainty by having these criteria built in to the development and
further stipulated in staff's recommendation, so that commercial entities will build those features
into their architecture as they move forward.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 8
Mr. Hickok stated staff recommends Council hold a second reading of the ordinance for
approval of Rezoning Request, ZOA-#OS-03. Staff further recommends that Council approve the
ordinance which would allow the rezoning of the site from M-2, Heavy Industrial, to C-3,
General Shopping. This would include nine stipulations. He would like to make two
corrections. Staff notes that Stipulation No. 2 should refer to the site plan dated 12/3/08 rather
than 11/26/08. The 11/26/08 date was for the original base plan, and they submitted a revision to
that plan on 12/3/08 which further depicts the 57th Avenue extension. They would prefer it to
say "57th Avenue improvements to be made according to plan submitted and dated" and they
would ask that date also say 12/3/08 and then "an easement agreement between 7LT and U.S.
Corrugated" or the "[then owner of the property] to the north of subject property be filed
allowing full access." If that easement is required for said access and/or the 57th Avenue
improvement.
Mr. Hickok pointed on the site plan that installing the roadway would be difficult with U. S.
Corrugated not being addressed by easement or some other mechanism. Answering the question
of the 57th Avenue extension, he thinks is important and shows up in the Comprehensive Plan. It
is really important to the circulation on this site and future access to the U.S. Corrugated site. So
important he thinks that if it is not answered, the recommendation of staff would be not to rezone
the site. If access issues cannot be rectified, then they would say that rezoning of this site is
probably not proper because a commercial site like this, that has the anticipated movement in and
out, but a less than perfect access opportunity on East River Road, is not good for anyone.
Councilmember Bolkcom asked if letters were sent out to the neighborhood.
Mr. Hickok said they handled this just like the first public hearing. Notification was sent within
a 350-foot perimeter of the site and notification was put in the paper.
Councilmember Bolkcom asked whether they received any comments from anyone.
Mr. Hickok said they did not.
Councilmember Bolkcom said under the section titled `Background," in the last sentence of the
first paragraph, it says ". .. plat and the access negotiation delayed the signing on of future
prospects for the site." She asked what it meant.
Mr. Hickok said the word "on" should be deleted.
MOTION by Councilmember Bolkcom to receive three drawings into the record: A1 (Exterior
Elevations), L-1.01 A(Landscape Plan) and C-3.01 A(Site Plan). Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 9
Councilmember Bolkcom asked if they have ever approved a rezoning with having only a
possibility of how something is to be laid out.
Mr. Hickok said the plan represents the possibility of what could come. It is better than a
random guess. It is more of an educated guess based on the developer's experience and what
they would expect to happen on this site. He cannot speak for all of Fridley's history, but during
his time with the City, he cannot recall another time where they have approved a rezoning. From
a purist planning prospective, a City should evaluate whether the zoning is right for a site and
then whether the uses then fall into place. Do they think it is an appropriate zoning for its
location? They should determine if they have any concerns relative to the site, whether it be
access or other things, that may cause them to say the rezoning of the site is not appropriate. If
they think it is appropriate, those issues, especially in a multi-tenant situation, would be worked
out as the pieces came together through the stipulations.
Councilmember Bolkcom stated this is a rezoning, and in a sense may be their only chance. If
they approve this with the stipulations, basically it would now be between the developer and the
staff as long as it fits the criteria and those stipulations. Compared to past rezonings where they
actually knew exactly where the buildings, green space, and parking were going to be, they are
approving this rezoning tonight with basically somewhat of a plan.
Mr. Hickok replied, yes, this does put a lot of faith in staff and the developer. We do not have a
158,000 square foot tenant right now that they can talk specifically about. Although it is laid out,
a retailer may come in and make changes. However, those are the kind of issues that staff feels
very comfortable working on. Council can trust staff to take those issues and deal with them. If
there was an issue they thought needed more input from Council, they would bring it back.
However, they feel confident that they would be able to manage that and make sure it meets City
Code. If it did not, they would not get permits.
Councilmember Bolkcom stated she is concerned because this is so different. She thinks back
to another rezoning, although it was closer to a residential area, but they got hung up on a fence.
What Council thought and what City staff thought and what the neighborhood thought. She is a
little bit apprehensive that they are approving something when they do not know how it is going
to be laid out. She said she would like to talk about the access off of 57th Avenue and Mr.
Hickok's comments about the bigger square where it comes across the site. She asked if the
other square is the building.
Mr. Hickok replied, regarding access to the site, you come in, there is an access drive and there
is truck parking in the front of the facility in the center location. There is actually a maneuvering
area for vehicles along the south side of the building. Right out where you can come in
perpendicular to a roadway and actually be looking head-on with other traffic is optimum, not
looking over your shoulder. Coming in at an odd angle is what is allowed by actually including
that triangular piece of property in the whole layout of the roadway. That is where they think
access is optimum.
Councilmember Bolkcom asked so if she is coming off East River Road and going to the
property to the north, she is going to make a left hand turn across. That would not change.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 10
Mr. Hickok replied, right, you would be able to come in and make that turn.
Councilmember Bolkcom asked how close the new proposed road was to the building. Are
there any issues in terms of setback to the building?
Mr. Hickok replied, no.
Councilmember Bolkcom asked regarding his comment that not including that property and
that access would not be good, is that related to getting our fire trucks or any other emergency
vehicles in there?
Mr. Hickok replied, yes, early on, and he thinks they would agree, too, that it was not the best
layout for access to this site. If you were to take this roadway and basically turn south so that the
truck access to the site to the north would come in on that curve, but retail access to the site
could take that curve further south into the site, it puts a bend at a very critical point, and makes
maneuverability for trucks more difficult, especially during busy retail times where there may be
some stacking issues, etc. They think with the roadway and an opportunity to look directly
across at that other motorist, it would be much like the improvements they made on 57th Avenue
and the other segment where people can come out of a parking lot and make them look directly
on at a motorist, so they are allowing the car to move before they start moving themselves.
Councilmember Bolkcom asked if this were all built out like it is here, do they have any idea
what the volume would be. They still would have to make it through from the retail space. They
would all be coming in on the same road, correct?
Mr. Hickok replied, correct. Statistics are available through engineer studies that are done on
transportation and circulation in developments like this. For a retailer of that size, the number of
trips per date, and for all of those peripheral retail facilities, they would also be able to gain those
numbers/statistics about what the traffic movement through here would be. Again, it would lead
us back to having a better circulation opportunity and a more defined route to the north like they
are showing.
Councilmember Bolkcom stated 2005 was a long time ago but she remembered talking
originally that there would be a retail building but it would be closer to East River Road and they
would not just see a sea of parking. All she sees when she looks at this is a sea of parking and
then she sees a retail building back quite a ways.
Mr. Hickok replied, in the original plan it was more of an L-shaped building that had as she
described more building presence out near the corner, and it kind of wrapped around and split the
parking up a bit more. At least from what he understands from the retailer there are very specific
parking requirements in terms of number of spaces they need and layout templates they use for
putting their customers a certain distance from the door, etc. He would also like to see
something that is really more of a signature with less parking, and more landscaping. If they feel
strong enough about this and want to make a stipulation, they could do that.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 11
Councilmember Bolkcom asked what "CN" numbers were.
James Kosluchar, Director of Public Works, replied that means "curve number." It reflects the
imperviousness of the surface.
Councilmember Bolkcom said under "Building Orientation" is says the orientation of the
buildings should take advantage of available view sheds of future developments where possible.
She asked what "view sheds" meant.
Mr. Hickok replied a view shed speaks to how the development is laid out, so if you are a
retailer who is further back on the site, there is opportunity for people to glance through and see
your building in between other buildings. What this is saying is that it wants you to optimize
that opportunity and think about your site layout so that (1) it gives you an advantage and gives
you a nice site layout but (2) leaves a view shed so that other retailers around you can be seen
and motorists can have glimpses of that as well.
Councilmember Bolkcom asked in that same section, it says 30 percent greenery, is that
approximately what we would be asking for?
Mr. Hickok replied ours is never represented in terms of percentage when it is spelled out like
this. Ours is laid out by parking setbacks primarily. He would almost like to focus on a
percentage when they are laying out this site. More green space in positioning it so that it is best
placed for the building that it is surrounding.
Councilmember Bolkcom stated when she read it, it seemed like it is a lot but she wanted to
make sure they did not feel that they can do more and they still have to do the green spaces that
we request.
Councilmember Bolkcom said under "Building Design," it says building coverage of not more
than 40 percent may be accepted. She asked how that equated to what we have as far as our
requirements.
Mr. Hickok replied they are trying to match our requirements. Not more than 40 percent lot
coverage is what is designed in the Commercial District.
Councilmember Bolkcom stated, reading the next one, it says "Large blank expanses of wall
facing public street frontage is discouraged." She thinks the word should be "prohibited." The
commuter rail station will be very close to this. She hopes the developer would look at this and
say, I want to make this really look like a high-class area.
Councilmember Bolkcom asked under "Door and Windows," the last sentence says, "Windows
and doors shall be glazed in clear glass for retail buildings. Mirrored windows shall be
discouraged." It seems to her it should be "prohibited" also.
Mr. Hickok replied, certain retailers actually have specifications for the products they sell,
certain UV tints they put on so the products do not fade or so they show in a certain light. It is
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 12
saying it would be discouraged, it is not going to be the norm in there. They would not want to
eliminate the possibility for somebody who actually has that as a prerequisite for their retail
space.
Councilmember Bolkcom asked so mirrored means it does not let light in.
Mr. Hickok stated using it for window tint, it is not necessarily just "mirrored" but tints as
gradient shades of tint so it is not just clear glass.
Councilmember Bolkcom said under "Parking," it says the parking stalls shall be a minimum of
9' x 20' and 9' x 18'. She asked if that should be changed to our stipulations which are 10'.
Mr. Hickok replied, it should and that is, again, one of the reasons why they spell that out in our
stipulations.
Councilmember Bolkcom asked if the stipulation regarding the architectural criteria submitted
and prepared by Kathy Anderson, Architectural Consortium, needed to be corrected in order for
us to approve the stipulations. The overall parking under that same section, is that consistent
with our City criteria?
Mr. Hickok replied, yes, it is.
Councilmember Bolkcom asked whether we are comfortable with what they have written there.
Mr. Hickok replied, actually they are showing more parking on their site plan than we would
like based on our recent modification; but certain retailers that they have talked to would like
more than our Code requires.
Councilmember Bolkcom replied, she wants to see us cut down on so much parking. That is
the best thing that we did on the Target site.
Mr. Hickok replied, yes, that is what we are saying.
Councilmember Bolkcom stated, under "Lighting," it says, excessive brightness shall be
avoided. What does that mean? She is a little concerned about all this architectural criteria vs.
the City Codes and ordinances.
Mr. Hickok replied, none of them are less stringent than our Code requirements. That is the
minimum they operate under. These are more specific. For example, on the lighting comment,
we do not allow horizontal glare. They need to have shielded downcast fixtures, so there is no
horizontal glare. Using these criteria does not mean they get to use something other than the
shielded downcast. It is just an added emphasis.
Councilmember Bolkcom asked if they would allow excessive brightness. She asked what it
meant.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 13
Mayor Lund stated car lots they seem to be the brightest. They have the most brilliant bright
lights. We do not have a set standard.
Mr. Hickok replied we do not. Color and light temperature are things that are going to show up
in architectural discussions in criteria like this where you are very specific about the color
expectation and the light temperature expectation even in a development. This gets you a step
closer. It does not lay out a specific luminary or a specific color, but it does try to say we are not
looking for excessive brightness here and the developer then has leverage to go back and say,
look, I do not like it. You are looking at 40-foot light standards and you are going with the high-
pressure sodium. Here is what we have in the rest of the development we would like you to
match. If you like it we can make that change.
Councilmember Bolkcom said under "Signage" she wants the developer to know that you do
not put any signs up without getting sign permits. We have very strict rules on that and you do
not erect them and then ask for a variance. She asked if all the information is consistent as far as
our City Codes related to sign permits.
Mr. Hickok replied, yes. Ours would be the foundation that is taking another step further and
they do encourage developers to do that for consistency.
Councilmember Bolkcom stated so we are just basically laying out what they plan on having
for signage.
Mayor Lund stated he took this as simply a question of do we want to allow a change in the
zoning. He always leaves things up to staff to follow up on the zoning.
Councilmember Bolkcom replied this is the first time she can remember that she has been on
the City Council that we have had a rezoning. They did have one in 2005 and then again now,
where they actually indicated where the building and parking is going to be. She understands
that as part of rezoning it is her job to talk about parking, access, lighting, and things that are part
of the criteria to approve or not approve a rezoning. It is a wonderful plan and they have done a
lot of work, but next week they can come back and say they have a whole different plan and
something else could develop here. It is nothing against staff, but if we approve a zoning
without really knowing what is going to be there, it is something different than what we have
done before.
William Burns, City Manager, said he shares her thoughts and concerns about the lack of
control and the control they are giving up by passing the second reading. It occurs to him the
main reason for doing it is to give them additional leverage to market the property. That was the
reason for doing the first reading. Now we have two concessions so they can market the
property. If they market the property after our generosity, and we wind up with a vacant
building somewhere else in the community, be it a Target or Sam's Club or something like that,
have we not created a problem for ourselves somewhere else? He asked if we had any
indications from the developer that this would not happen.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 14
Mr. Hickok replied, we do not. At this point, they are not certain who their tenants are going to
be. There has been some discussion of a tenant that is already in Fridley. If that happens, we
have asked what would happen to the existing facility and if they had plans. They did not get a
very satisfactory answer. He does not know that a single user has been the motivation for this
rezoning request. It probably has as much to do with industry and the fact that this site is a
premiere commercial site. Also, it really does match what we say in our Comprehensive Plan.
Councilmember Bolkcom asked Attorney Knaak if they are walking down a path for the next
developer that comes along and wants to do something very similar to this.
Fritz Knaak, City Attorney, replied, she is right to ask the question because the standard is
basically you have to treat similar applicants similarly. One thing they have going for them in
these cases though is in a rezoning or in a development proposal, generally speaking, you are
given a lot of discretion in the law. The more factually specific the reasons are that you give for
a specific kind of acceptance, the easier it is to defend yourself if there is a charge later about
similar treatment. You are right to have that in mind when you do something like this because
developers tend to be very well-funded and tend to have lawyers.
Councilmember Bolkcom asked what his advice was.
Attorney Knaak replied his advice is not to tell them whether to do this. It is not his role, but
they can look at this on the understanding that this is a fairly unique situation in the City. You
should be able to differentiate this from other kinds of proposals, but you have to be careful. So
he would just say this is something they can do if they choose to do so, but be mindful of the fact
that they have to think of this as a unique situation and they have to state this is a unique
situation and why.
Bill Meyer, 7LT Group, said he thinks the first part would be easy. If for some reason 57tn
Avenue came through in such a manner that they did not need the easement, they did not want to
have to acquire an easement they did not need. He said he thinks they are fine with the
stipulation the way it was originally written.
Mayor Lund stated his concern was even with that easement agreement between the property
owner, is there enough stacking room with the potential flow of U. S. Corrugated coming in
there. He is concerned about stacking because that usually ends up being a real problem during
afternoon rush hour.
Mr. Hickok replied there is 202 feet between that intersection and East River Road. That is not
the roadway itself. There is quite a wide right-of-way still outside of the property line. Is that
enough? He would hesitate to tell you. One business may say one thing and another say
something else. He supposed in certain commercial high-peak times, stacking would require a
greater distance than 200 feet. Generally speaking 200 feet is probably a fairly typical stacking
distance before an intersection.
Mayor Lund stated he saw the number of 125.3 on the drawing and he does not know if that is a
dimension or what.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 15
Mr. Hickok replied 125.35 is only a portion of it and then there is that other dimension, 77.12.
Those two added together are roughly approximately what you have in the southern part of that
street that would be the northern property of that bank, the northern property line. Also, in
Stipulation No. 4, because there are some unknowns here, we really do not know if that bank is
going to be there per se. Through Stipulation No. 4, we would really work on the circulation of
this site basically through their civil engineering and their proposing back to us and find the best
possible alignment.
Councilmember Bolkcom asked if they actually had an agreement in place right now for access.
Mr. Meyer replied, with U. S. Corrugated?
Councilmember Bolkcom replied, yes.
Mr. Meyer said we have an agreement that is not done, not signed; and that is why it is a
stipulation.
Councilmember Bolkcom stated she has a real big concern that we do not actually have an
agreement.
Mr. Meyer stated he believed that is why there is the stipulation.
Councilmember Bolkcom replied she is concerned that they do not have an agreement. They
have all kinds of stipulations and they do not have any actual buildings or anything. There are a
lot of drawings and things in writing, but they really do not have what the ultimate plan is going
to be, which is unusual for a rezoning request.
Councilmember Bolkcom stated she would like to talk about the stipulations and the
architectural aspects. Under "Building Design," would he be opposed to changing the sentence
regarding the large blank expanses of wall to read "is prohibited" rather than "is discouraged"?
Mr. Meyer replied, he thought that was fine.
Councilmember Bolkcom said she remembered in 2005 that they talked about doing something
that would be closer to the road and that there would be less parking. She sees a lot of parking in
the current plan. If she were to plan this, she would have it so the building is closer. It would be
a pretty building that you could see from I694 or at least from East River Road. Right now, all
they will see is a bunch of parking. She asked how many parking spots were in front facing East
River Road. 200?
Mr. Hickok replied, more than that. Well over that.
Councilmember Bolkcom asked Mr. Meyer why it was laid out the way it was.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 16
Mr. Meyer replied, first of all, going back to 2005, the major buildin�u that you see on the site
now is basically on the same spot as what they had in 2005. Also, 57t Avenue was not part of
the plan at that time so the building was more elongated going to the north.
Councilmember Bolkcom stated, it was more of an L-shaped building, and there was more
visibility of the building.
Mr. Hickok replied, yes, in the original site plan that went to Metropolitan Council it was kind
of L-shaped.
Councilmember Bolkcom stated it was more of an L-shaped building. Right now all the
building is doing is doing is backing up some railroad tracks.
Mr. Meyer stated, again, to bring in some of the other retail uses that are along East River Road
on the current plan, we had to have first of all buildings that have to be set back You cannot get
a bank to go on the backside of a retailer. So if you want a true mixed-use development, he
would suggest that it has to be built this way. If 57th Avenue is going to be designed and put
where it is, then that building would have to be put on the corner that it is on.
Councilmember Bolkcom said so the parking for the bank and all those other places would be
across the street. She asked if they would have their own parking.
Mr. Meyer replied they have their own parking around the building.
Councilmember Bolkcom stated she is not understanding what that has to do with the parking
there.
Mr. Meyer replied it is a shared parking situation there. That is the whole idea behind a mixed
use.
Councilmember Bolkcom asked if the bank would have its own parking.
Mr. Meyer replied, the bank has its own parking and the retail has its own parking, but the
beauty and the idea behind a mixed use development is they have varying uses so when the retail
might be busy, maybe the bank building is not or the daycare might have a lot of traffic when the
other buildings do not have traffic.
Mr. Hickok stated the shared parking is indicated on the site plan. The idea is much like the
Home Depot and Pet Smart idea was originally. In off-peak demand time, that is a real nice way
of eliminating some of the parking that they would have to have if each one is its own site. It
may produce more parking and ultimately an undesirable effect when we are trying to get more
green, ponding, and natural amenities. Each of those sites has their own parking and more of it
might be a problem.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 17
Councilmember Bolkcom stated so in order to have all these different functions here, we need
that much parking.
Mr. Hickok replied, the parking on the periphery kind of shares, so each one does not have
probably its own numbers independent. That large site has more parking than our Code would
require and we asked about that. We would like to see less parking and more green. The
retailers that they have been talking to for a large space like this want that ratio. So he thinks
they are telling us through this site design that is what they see is the amount of parking they
would need to attract the retailers that might be interested in that site.
Mr. Meyer replied, we do not get paid for parking, we get paid for square footage. We would
like the building to be bigger, and we would like to have less parking. Market conditions dictate
from most retailers this type of a parking arrangement.
Councilmember Bolkcom replied our new Super Target is a very busy store and they asked for
less parking. There is less asphalt and less runoff. She is trying to make it so it is not just a
parking lot.
Mr. Meyer replied Target is unique. We do not find many retailers who will do that.
Councilmember Bolkcom stated he is saying that the company out there wants to have that
much parking. She asked if there was any way to mitigate some of this parking.
Mr. Meyer replied when they did their headquarters at Ten River Park Plaza in St. Paul twenty
years ago, they put in 15 and 20—foot spruce trees. That is the way they like to do things. The
architectural criteria was meant to say, we want to go above what the City Code is. We are
going to do 30 percent as greenery. We like to take 30 percent and make something significant.
Go by the Sheridan Woodbury Hotel they built in Woodbury. Very similar codes to Fridley.
They put in a 20-foot area. That is the kind of thing they would do in this situation.
Councilmember Bolkcom stated they are at a disadvantage here, they are seeing this for the first
time. They do not see any type of landscaping design. This is one of the corridors to our City,
and we would like to see something more than just a vast parking lot.
Mr. Meyer asked Mr. Hickok whether there is a higher percentage of landscape requirement in
an industrial zoning than there is retail.
Mr. Hickok replied, no, the commercial and industrial landscape requirements are very much
the same. It is based on numbers of trees per lineal foot on the periphery or relative to the square
foot dimension of the building on the site. It is meant to try and match the landscape material
with the amount of development that goes on the site.
Mr. Meyer replied he honestly did not know the answer to that. He would have assumed it was
greater for a commercial zoning than an industrial zoning. His point was it is industrial zoning
now. By going to a retail zoning, you clearly are going to get a higher level of landscape and a
higher level of finished building than what is there now.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 18
Councilmember Bolkcom replied but as our City Attorney says, we have more latitude on the
rezoning than we have on any other. We are going down a different path. He is asking them to
approve a rezoning tonight on something that could be totally different when it is done. She
asked Mr. Meyer if they have ever been to another city and done something that they are doing
here tonight.
Mr. Meyer said he had not.
Councilmember Bolkcom stated regarding doors and windows, can he explain to her what
"mirrored windows will be discouraged" means?
Mr. Meyer replied, he thinks Mr. Hickok answered that pretty well. The language is better
being "tinted." It is to speak to a level of tinting, not necessarily mirrored.
Mayor Lund asked if they should say "tinted windows shall be discouraged."
Mr. Meyer replied every window is tinted. In certain cases, they like to have a certain level of
tinting on the windows.
Councilmember Bolkcom asked if staff was okay with it the way it was.
Mr. Hickok replied if Council is uncomfortable with any aspect of this, he would suggest they
can take out "mirrored," we can prohibit "mirrored," or we can be more specific about window
tintings. He is not sure they ever got to that level of detail and honestly he can tell them that he
cannot think of a building that has been built in the last 15 to 20 years that actually has mirrored
glass. He does think of it as being more of a level of tint.
Mr. Meyer stated that is one of the architectural criteria we put on ourselves and we would be
perfectly comfortable scratching it.
Councilmember Bolkcom asked about the parking issue. She asked if he was comfortable with
changing the spaces to our dimensions of 10 feet.
Mr. Meyer replied, yes.
Councilmember Bolkcom asked under the "Lighting," what "Excessive brightness shall be
avoided" meant.
Mr. Meyer replied, he thinks the car dealer's comparison was the best example of that. The
worst thing they could have is one of the businesses along the street having illuminants that are
much greater than the retailers on the rest of the site.
Councilmember Bolkcom stated they used the word "avoided." She asked if they wanted to
change it to "prohibited."
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 19
Mr. Meyer replied, they certainly could if that makes Council more comfortable.
Councilmember Bolkcom asked Mr. Meyer whether he understands the whole thing related to
permitting and signage.
Mr. Meyer replied, yes.
Councilmember Bolkcom asked if they were fine with the recommendation from City staff that
Stipulation No. 2 be changed to an easement between JLT and U. S. Corrugated to be filed
allowing full access and 57th Avenue improvements be made according to plans submitted and
dated 12/3/08 instead of 11/26/08.
Mr. Meyer replied, correct.
Councilmember Bolkcom stated staff has recommended changing Stipulation No. 8, deleting
the whole sentence and putting in all fire and engineering requirements shall be reviewed and
approved prior to issuance of a building permit. She asked if he was okay with that.
Mr. Meyer replied, yes.
Councilmember Barnette stated they keep talking about 57th Avenue and the design of it, and
their request for rezoning is based on a commercial project. He asked if this is predicated on 57tn
Avenue coming all the way from University or if it is a stand-alone project.
Mr. Meyer replied, yes, it is. That is the way it was designed. To work either way. They
actually designed it that way.
Councilmember Barnette stated he could see where it would be a selling point if it would
extend through.
Mr. Meyer replied it depends a little bit on where the bridge comes down.
Mayor Lund asked Mr. Meyer whether 7LT is not just the seller of the property but also the
developer.
Mr. Meyer replied, yes.
Mayor Lund asked Mr. Meyer if they have financing. Given the economic climate he wants
some assurance that they are able to do this project.
Mr. Meyer replied, yes, even to the extent that our current lender has indicated they get the first
crack at financing this project. They have a land inventory they think is a real good situation.
They keep funds on hand to handle projects like this. The market is what it is. We have it
professionally marketed this entire time, and we are talking to everybody all the time and so
something will happen. We think this really will help and our marketing people can go out and
say there is no zoning issues.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 20
Mayor Lund stated the bottom line for us is we want it to look nice because it is in one of our
gateways and major corridors.
Mr. Meyer replied, we do, too.
Mayor Lund stated we are putting a lot of faith and trust in them.
Councilmember Bolkcom asked if there had been any discussion involving other smaller
businesses or if he felt those would follow after the big retail.
Mr. Meyer replied, not necessarily follow as somebody who develops with that developer. We
think it is more prudent to know the bigger piece of the puzzle before a smaller piece comes in.
We do not have any users that we have spoken to for any of the other sites.
Councilmember Bolkcom stated but they have do have one person for the bigger retail.
Mr. Meyer stated they were down the road quite far with a large retailer. That building could be
two retailers of half the size fairly easily. We have talked to those retailers also.
Councilmember Bolkcom stated so if it does develop into two retailers, they could maybe look
at changing the parking.
Mr. Meyer replied we could.
Councilmember Bolkcom stated it would be really nice if they could market a nice restaurant.
Mr. Meyer replied, they are currently under construction with a Ciao Bella in Woodbury. There
is one in Edina and it is a good restaurant. If you look geographically it would make some sense
to get one in the north.
Councilmember Bolkcom asked if he thinks the commuter rail going in will help them market
this site.
Mr. Meyer replied yes. It will increase traffic and that always helps the marketing of a place.
Councilmember Bolkcom stated she feels more comfortable to close the public hearing and
have the second reading at the next meeting. She also asked City staff and the attorney to look at
why this is a unique property and why we should go down this path.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 9:24 P.M.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 21
OLD BUSINESS:
13. Second Reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #05-
03, by JLT East River Road, LLC, Generally Located at 5601 East River Road)
(Ward 3).
MOTION by Councilmember to table the item to the next City Council meeting on January 26,
2009. Seconded by Councilmember Saefke.
Mayor Lund asked Mr. Meyer if this is going to adversely affect his people if they have to wait
for three weeks.
Mr. Meyer replied, no.
Councilmember Saefke stated the plan to him is just speculative and it seems to him that in the
not too distant past we had something similar for a zoning change. He would like to have a little
more time to consider this and discover what makes this particular property and this particular
plan unique so that they do not run into any problems in the future. He also agrees with
Councilmember Bolkcom that he hates to set a precedent, because if we do it for one, we may
have to do it for others in similar situations. That may or may not be good for the City.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
14. Approve Promotional Appointment of Three Full-Time Firefighters to Fire
Captains.
John Berg, Fire Chief, stated they have been working on this for a number of years in terms of
organization and streamline operations. In January 2008, we approved a three-year contract with
the firefighters that included a fire captain's position. In 2008, we approved a budget for the
promotion of one fire captain which we did not fill. In 2009 we had budgeted for the promotion
of two additional fire captains and one fire inspector. We currently do not have supervisors 24
hours a day, 7 days a week. He is looking to add the fire captains on 24/7 so we do have
supervisors on duty, similar to a police sergeant. This also decreases our potential for liability by
having a supervisor on duty, and it also provides consistency in the way we deal with calls. It
also allows us to have an additional truck officer on callback.
Chief Berg stated they are trying to streamline our communication with the paid on-call
firefighters. These people being here on a 56-hour work week really are the key to
communication in our organization. They are in contact with paid on-call firefighters and with
the fire chiefs more often than any other people in our organization. Leadership, better
accountability and tracking, firefighter training, performance, conducting performance reviews
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 22
and scheduling are just some of the supervisory duties they will be handling. Of course they will
also support the Chief and Assistant Fire Chief in the administration of the organization.
Chief Berg stated in our organizational chart the captains will be working on the operations side.
Fleet management, station management, training, and investigations are just some of the duties
they will be doing. They are not operating on the inspection side. We went through a
promotional process at the end of the 2008 year which included changing our j ob description and
adding additional responsibility. This was an internal promotion process. It was open to full-
time firefighters. We had four applicants. They participated in a management assessment
conducted by Gary L. Fischler & Associates. We had an initial interview which included the
Human Resources Director, Assistant Fire Chief, Police Captain, and Brooklyn Center Fire
Chie£ We also had a Chief's interview which was not part of the scoring process. Regarding
the cost to the City in 2009, this would be a 3 percent increase on the hourly rate for the fire
captains. The total cost for the three captains in 2009 would be an additional $5,600 and that of
course does not include overtime and benefits. Staff is recommending Council's approval.
Councilmember Bolkcom asked if the Fire Department is the only City department that does
not have full-time supervision on every shift.
William Burns, City Manager, said that was his understanding.
Councilmember Bolkcom commented the way the sentence reads is, "The Fire Department is
the only City department that does not have full-time supervision on shift at any given time." On
shift? She asked if that is really what they are trying to say.
Chief Berg said he relates that to Public Works and the Police Department. At any given time, it
is his understanding that we do have full-time supervisors.
Councilmember Bolkcom stated it just does not make sense, "on shift" at any given time. She
also asked if there are any increased benefits. Are they getting any more benefits than they
already have?
Chief Berg replied, the only benefit that he could think of is the PERA contributions.
Dr. Burns stated you would have a slight increase in the overtime cost because of the additional
pay.
Deborah Dahl, Human Services Director, replied the dollar amount does not include the PERA
benefits but everything else is the same as everyone else. This amount is budgeted in the 2009
budget.
Councilmember Varichak asked if the three people being appointed are full-time right now.
Ms. Dahl replied correct.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 23
Dr. Burns asked Chief Berg to what extent is this consistent with other primarily paid on-call
fire departments?
Chief Berg replied it is consistent with combination fire departments. Typically there are full-
time supervisors in other fire departments.
Dr. Burns asked about Columbia Heights as an example.
Chief Berg replied, yes--Columbia Heights, St. Anthony, and Coon Rapids.
MOTION by Councilmember Saefke to approve the promotional appointment of three full-time
Firefighters to Fire Captains. Seconded by Councilmember Bolkcom.
Councilmember Bolkcom asked if this is effective January 6.
Chief Berg replied, yes.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. Resolution Receiving Report and Calling for a Hearing on Improvement for Street
Rehabilitation Project No. ST. 2009-01.
James Kosluchar, Public Works Director, this is the fourth year under the City's assessment
policy for maj or maintenance of streets that have concrete curb and gutter. The program will
continue to maintain our streets for future years. This project had been issued to rehabilitate
deteriorated asphalt service and also target specific locations or segment of water main
improvement. We expect to be publishing notice in the Sun Focus if there are assessments and if
the Council approves the process on this project. We have determined basically that simple
patching of the roadway surface is no longer effective in these two areas.
Mr. Kosluchar stated in addition, the water main has been broken several times between 73ra
and Osborne, and there is difficulty both because of the number of breaks and the customers on-
line, and getting those breaks repaired due to that high groundwater table. The proj ect area
includes University Avenue West Service Drive from 69th to 85th and local streets in Sylvan
Hills. Those are the streets that are remaining after reconstruction and recent improvements.
Although locations were prioritized in 2008, we had some discussion with Council in an
executive meeting.
Mr. Kosluchar stated we would also replace the 6-inch water main from 73rd to Osborne Road.
We would replace the cap there with ductile iron, and reconstruct aggregate base above the water
main that needed to be removed. We protect as much of the existing curb along all these project
segments that we could where the water main is to be replaced. We will be removing a large
amount of curb. The water main is very close to the west curb. There is no assessment that is
proposed for water main work or associated curb. He presented the costs. Basically it is a$1.3
million project. That is a preliminary estimate. Obviously we have had some fluctuations in
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 24
pricing over the last year, so they are looking at current contract costs. We have a schedule
included in the feasibility report.
Councilmember Saefke stated, having read the feasibility report, there may be a possibility if
the bids coming in too high, to eliminate from this year's project 83rd Avenue Wal-Mart, because
that was built around 1992. Is that still in the plans? If we can eliminate that section and do
Sylvan Hills, that would be a proposal?
Mr. Kosluchar replied, yes, it depends on where our pricing is going to be; 83rd to 85th is pretty
marginal as far as milling and overlay, and we think it would be effective to do it because we are
doing the adjacent segment. However, if prices do go up, that would be one location that we
could eliminate from this project. In addition, Anoka County is looking at doing some paving on
85th in 2010. That could be something we tag onto their project.
Councilmember Saefke commented regarding the water main replacement, having worked
there himself, he knows there are a couple in front of the post office. Besides the inconvenience
to Perkin's, Domino's Pizza and a few other establishments, he knows that area is in pretty rough
shape. He said it needs to be done.
Councilmember Bolkcom stated on Page 6 of the feasibility study, it mentions a WYE. She
asked what it was.
Mr. Kosluchar replied basically it means the connection of the service to the main.
Councilmember Bolkcom asked if funding for this with increased rates on our water and
sanitary sewer, etc., will cover these costs. She asked if staff felt comfortable that they were not
going to go above and beyond what has been budgeted.
William Burns, City Manager, replied we have provided for this in the restructuring of our rates.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-04. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. Approve Extension for Special Use Permit, SP #07-09, for the Sikh Society, to Allow
the Construction of a Worship Facility in an R-1, Single Family District, Generally
Located at 5350 Monroe Street (Ward 1).
Councilmember Bolkcom stated in going back and reading the HRA minutes, it looks like they
getting close to approving the sale on that property and they would remain because they do not
have any direct plans for the property that is there. We have already approved this special use
permit but if there are some wetland issues, would that come back before Council? Would the
stipulations have to change?
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 25
Mr. Hickok replied they did anticipate that in the event they did not get access and were unable
to bring the road out perpendicular that they would need to convert that wetland. If we feel the
impacts are something needing additional mitigation, we will bring it back If it looks like it is
something that could be handled through Council communication, we will do it that way and
maybe at that point if they think additional mitigation is required, we can take a look at it.
Councilmember Barnette asked about the easement on Monroe Street coming off of 53ra
Avenue. He asked if they can access that much of the easement.
Mr. Hickok replied, they can. They did prove through their survey that they have 25 feet of
overlap which is the minimum required to a public right-of-way to gain access. So they have
what is necessary. We have strongly encouraged them though, because of the layout of the
daycare ne�t door, to work with a combined access. They seem very agreeable to that. They
have been working with Westwood Engineering on the wetland issue, and he expects that is who
they are working with on the access issue as well.
Councilmember Barnette asked if it would be a norma132-foot wide street.
Mr. Hickok replied, what they would be doing is taking a private driveway off from that
minimum required 25-foot access point. It is going to come in at the corner of their site, and
their landscape plan will kind of take off in unusual fashion. It was not their first choice nor was
it our first choice.
MOTION by Councilmember Bolkcom to approve the extension request for Special Use Permit,
SP #07-09, for the Sikh Society. Seconded by Councilmember Saefke.
Councilmember Bolkcom asked, because they have already taken trees out, if this does not
happen, do they have to put trees back.
Mr. Hickcok replied they have not started clearing. Our tree preservation language says that
they will protect the trees to the extent they can. In this particular case though they were grading
almost from property line to property line. It was not going to leave much.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Receive Bids and Award Contract for the 85t'' Avenue Trail Project No. ST2008-03.
Councilmember Bolkcom asked what an EEO office was.
Mr. Kosluchar replied it is the Equal Employment Opportunity office.
MOTION by Councilmember Bolkcom to table this item until January 12, 2008. Seconded by
Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 26
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
6. Approve Change Order No. 1 for Elevated Tank 2 Rehabilitation, Project No. 378.
Councilmember Bolkcom stated she knows we have to pay for it, but what are going to do with
the equipment.
Mr. Kosluchar replied it is his understanding that the equipment is worthless. We are looking
into it, however.
MOTION by Councilmember Bolkcom to approve Change Order No. 1 for Elevated Tank 2
Rehabilitation, ProjectNo. 378. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
7. Approve Preparation of an Agreement Between the City of Fridley and the
Minnesota Department of Transportation for the Trunk Highway 65 and Moore
Lake Drive Traffic Control Signal Replacement (Ward 2).
MOTION by Councilmember Bolkcom to table this item. Seconded by Councilmember
Varichak.
Councilmember Bolkcom asked when this would come back.
Mr. Kosluchar replied the next regular meeting on January 26.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
16. Informal Status Reports.
Councilmember Bolkcom said there is a Six Cities Watershed meeting at the Springbrook
Nature Center on Thursday, January 8, from 4:30 p.m. to 6:30 p.m.
Councilmember Saefke asked how the paper shredding event went.
Scott Hickok, Community Development Director, said it was very successful.
ADJOURN.
MOTION by Councilmember Barnette, seconded by Varichak, to adjourn.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 27
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 10:04 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
SPECIAL CITY COUNCIL MEETING
CITY OF FRIDLEY
JANUARY 12, 2009
The Special City Council meeting for the City of Fridley was called to order by Mayor Pro Tem
Barnette at 5:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Barnette
OTHERS PRESENT: William Burns, City Manager
Scott Hickok, Community Development Director
James Kosluchar, Public Works Director
John Baker, Greene Espel, PLLP
Monte Mills, Greene Espel, PLLP
ADOPTION OF AGENDA:
OLD BUSINESS:
1. Receive Bids and Award Contract for the 85t'' Avenue Trail Project No. ST2008-03
(Tabled January 5, 2008) (Ward 3).
MOTION by Councilmember Bolkcom to receive bids and award contract for the 85th Avenue
Trail Project No. ST2008-03 (State Project 127-050-12) to Colt Construction Services, LLC of
Pewaukee, WI, in the amount of $772,638.70, conditional upon approval by the MnDOT EEO
Office. Seconded by Councilmember Saefke.
Councilmember Bolkcom asked when the project would start.
James Kosluchar, Public Works Director, replied they will have preconstruction meetings
scheduled within the next two weeks and they will start by the end of January.
UPON A VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER
SAEFKE, COUNCILMEMBER VARICHAK AND COUNCILMEMBER BOLKCOM
VOTING AYE, AND MAYOR LUND ABSENT, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
FRIDLEY SPECIAL CITY COUNCIL MEETING OF JANUARY 12, 2009 PAGE 2
NEW BUSINESS:
MEETING CLOSED DUE TO LITIGATIONDISCUSSION.
MOTION by Councilmember Varichak to reopen the meeting. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. Resolution Approving the Settlement of the Lawsuit Against the City of Fridley
Brought by Main Street Fridley Properties, LLC, Commercial Property
Investments, Inc., and Jeffrey L. Nielsen (Ward 3).
MOTION by Councilmember Bolkcom Adopting Resolution No. 2009-05. Seconded by
Councilmember Barnette.
Councilmember Bolkcom asked if they needed to include the agreement.
John Baker, Attorney with Greene Espel, PLLP, replied the agreement is part of the resolution.
If the resolution passes, the settlement agreement will not be executed immediately. It will be
once the detail of all the attachments are worked out.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADJOURN.
MOTION by Councilmember Barnette, seconded by Councilmember Saefke, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 6:05 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
�
�
CffY OF
FRIaLEI'
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 26, 2009
January 21, 2009
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Variance Extension Request, VAR #06-01, RSP Architects for Totino Grace High
School
INTRODUCTION
Steve Maurelli, of RSP Architects, on behalf of Totino Grace High School received City Council
approval for a special use permit and a variance on January 23, 2006. The special use permit
was granted to allow an existing private school to exist in an R-1, Single Family zoning district,
and the variance was granted to increase the height of a portion of the Totino Grace High
School building from 30 feet to 48 feet for the renovation of the school auditorium.
In March of 2007, the petitioner asked for a two-year extension as construction had been
delayed on the project due to fund-raising. The school has been actively raising funds and had
potentially planned to begin construction in September 2008. At the March 26, 2007 City
Council meeting the City Council granted the petitioner a one-year extension. Therefore, the
petitioner submitted an additional extension request in 2008, knowing that additional time would
be needed to get the funding needed for the project.
The petitioner and Brother Milton Barker meet with City staff in late 2008 to keep us apprised of
the progress the school is making with their fundraising initiatives. Since they are at the point of
their deadline expiring and construction isn't ready to start yet, they would like to apply for
another extension. They hope to proceed with the construction of this project yet this year.
PLANNING STAFF RECOMMENDATION
City Staff recommends approval of a one-year extension for the construction of the school
auditorium renovation until January 23, 2010.
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 26, 2009
William W. Burns, City Manager
James Kosluchar, Public Works Director
Layne Otteson, Asst Public Works Director
January 26, 2009
PW09-010
Resolution authorizing the use of MSAS Funds for the 85t" Avenue Trail
Project
In order to be eligible to use our Municipal State Aid System funds on our county roads, MN
rules 8820.1800 requires the City Council request this use by resolution.
The attached resolution requests disbursement from the City's population portion of the
Municipal State Aid System construction funds for the local portion of the 85th Avenue Trail
Project.
Recommend the City Council adopt the attached resolution for submittal to the MNDOT
State Aid Office.
JPK:jk
Attachment
RESOLUTION NO. 2009 -
RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS
FOR OTHER LOCAL USE
WHEREAS the City of Fridley receives Municipal State Aid System (MSAS) funds for construction and
maintaining 20% of its City streets, and
WHEREAS 22.9 MSAS miles are currently authorized and have been improved to State Aid standards
and are in an adequate condition that they do not have needs other than additional surfacing, and
WHEREAS the City currently has a local trail system that requires maintenance and upgrade, and
WHEREAS the City promotes alternative modes of transportation, including the use of bikeways and
trails, and
WHEREAS it is proposed upgrade the City's trail system by construction of a bikeway along 85t'' Avenue
from University Avenue west to the City limits, and
WHEREAS the City of Fridley has successfully obtained federal funding for a portion of the construction
cost of said project, and
WHEREAS it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation
of our City's State Aid allocation on local roads or streets not on the approved State Aid system, and
WHEREAS the City indemnifies saves and holds harmless the State of Minnesota and its agents and
employees from claims, demands, actions or causes of action arising out of or by reason or matter related
to constructing this project, and
WHEREAS the City further agrees to defend at its sole cost any claims arising as a result of constructing
this project, and
WHEREAS the final approval of the State Aid for Local Transportation Division is therefore required.
NOW THEREFORE BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, requests the
release of MSAS funds for the construction of this trail project, identified as the 85t'' Avenue Trail
Project.
PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26t'' DAY
JANUARY, 2009.
ATTESTED
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 26, 2009
�ffY �F
FRIDLEY
To: William W. Burns, City Manager
From: Deborah Dahl, Human Resources Director
Date: Jan. 22, 2009
Re: 2008-2009 Police Sergeant Contract (L.E.L.S.)
Attached is the signed labor agreement between the City of Fridley and the Police Sergeants, along
with the resolution for the Jan. 26, 2009 City Council Meeting. This contract is the result of the
interest arbitration award issued on Jan. 3, 2009 (B.M S. Case No. 08-PN-0828).
As you may know, the City of Fridley and the police sergeants union (L.E.L. S. Local 310) began
contract negotiations in the fall of 2007. Both parties could not reach a final agreement and went into
mediation on Feb. 28, 2008. An agreement was not reached and the union filed a request for
arbitration on April 25, 2008 with the Bureau of Mediation Services. After one postponement, an
interest arbitration hearing was conducted on Nov. 18, 2008 by arbitrator Richard J. Miller.
Throughout the mediation and arbitration process, the City received legal representation from Frank
Madden of Frank Madden and Associates law firm.
Apart from changes in dates and correction of typographical errors, the following is a summary of the
changes from the current contract:
1. Article 32. Duration
A two-year contract was established for 2008-2009.
2. Article 14. Court Time
The union proposed to increase all court time standby minimums from two hours to three hours,
similar to the patrol contract. The arbitrator granted this item to the union.
3. Article 16. Benefits
The City's position on benefits was to keep consistency throughout all labor groups. The arbitrator
sustained the City's position and ordered that all benefit plans and employer contributions will be
equal to those of the non-union for both 2008 and 2009. In addition, the arbitrator determined there
will not be a re-opener in 2009.
2008-2009 Police Sergeant Contract (L.E.L. S.)
January 22, 2009
Page 2
4. Article 21. Wa�es
The arbitrator awarded a 3% general increase to the union for 2008 and 2009 to remain consistent
with the other groups.
The combined cost of this contract will be approximately $36,000 for both years, which includes
wages, benefits and an increase in the employer contribution for PERA, mandated by law.
The cost of legal representation, mediation and arbitration process was approximately $28,000, not
including staff time. This amount was paid out of the Police Department's budget.
Action Needed
Staff recommends approval of this contract by the City Council at its meeting on January 26, 2009.
cc: Donovan W. Abbott, Public Safety Director
Brooke Bass, LELS Business Agent
Jeff Guest, Union Steward
Fritz Knaak, City Attorney
Frank Madden, Frank Madden and Associates
City Clerk
RESOLUTION NO. - 2009
A RESOLUTION APPROVING AND AUTHORIZING SIGNING
AN AGREEMENT WITH SERGEANTS OF THE CITY OF
FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2008 & 2009
WHEREAS, the Law Enforcement Labor Services, Inc. as bargaining representative of the Police
Sergeants of the City of Fridley, has presented to the City of Fridley various requests relating to the
wages and working conditions of Police Sergeants of the Police Department of the City of Fridley;
and
WHEREAS, the City of Fridley has presented various requests to the Union and to the Employees
relating to wages and working conditions of Police Sergeants of the Police Department of the City
of Fridley; and
WHEREAS, representatives of the Union and the City have met and negotiated in good faith
regarding the requests of the Union and the City; and
WHEREAS, representatives of the Union and the City were not able to reach a formal agreement;
and
WHEREAS, both parties entered into mediation and interest arbitration to settle the contract; and
WHEREAS, a final arbitration award was issued on Jan. 3, 2009 by the Bureau of Mediation
Services arbitrator, Richard 7. Miller; and
WHEREAS, the 2008-2009 contract (Exhibit "A") is the result of that interest arbitration and
collective bargaining process, and
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 wages and working conditions of Police Sergeants of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2009.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
��1�
LAW ENFORCEMENT LABOR SERVICES, INC.
LO CAL NO. 310
2008 & 2009
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
2008 & 2009
TABLE OF CONTENTS
ARTICLE PAGE
1. Purpose of Agreement 1
2. Recognition 1
3. Definitions 1
4. Employer Security 3
5. Employer Authority 3
6. Union Security 3
7. Employee Rights - Grievance Procedure 4
8. Savings Clause 6
9. Seniority 7
10. Discipline 8
11. Constitutional Protection 8
12. Work Schedules 8
13. Overtime 9
ii
14. Court Time
15. C all B ack Time
16. Insurance
17. Standby Pay
18. Uniforms
19. P.O.S.T. Training
20. Working Out of Class Pay
21. Wage Rates
22. Separation and Benefit Plan
23. Legal Defense
24. Probationary Periods
25. Annual Leave
26. Holidays
27. Short-term Disability
28. Bereavement Leave Pay
29. Jury Pay
30. Compensatory Time
31. Employee Education Program
32. Waiver
33. Duration
iii
10
10
11
12
12
12
12
12
13
13
13
13
15
16
17
17
17
17
18
19
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 310
2008 & 2009
Article 1. Purpose of Agreement
This Agreement is entered into between the City of Fridley, hereinafter called the
Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union.
It is the intent and purpose of this Agreement to:
1.1 Establish procedures for the resolution of disputes concerning this
Agreement's interpretation and/or application; and
1.2 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
Article 2. Recognition
2.1 The Employer recognizes the UNION as the exclusive representative for all
employees, under Minnesota Statutes, Section 179A.03, subdivision 8, for all
employees in a unit certified by the State of Minnesota Bureau of Mediation
Services.
1. Sergeant
2.2 In the event the Employer and the Union are unable to agree as to the
inclusion or exclusion of a new or moclified job class, the issue shall be
submitted to the Bureau of Mediation Services for determination.
Article 3. Definitions
3.1 Union
1
Law Enforcement Labor Services. Inc.
3.2 Union Member
A member of the Law Enforcement Labor Services, Inc.
3.3 Emplo��
A member of the exclusively recognized bargaining unit.
3.4 Department
The Fridley Police Department.
3.5 Emplo ��er
The City of Fridley.
3.6 Chief
The Public Safety Director of the Fridley Police Department.
3.7 Union Officer
Officer elected or appointed by the Law Enforcement Labor Services, Inc.
3.8 Investi�ator/Detective
An Employee specifically assigned or classified by the Employer to the job
classification and/or job position of Investigator/Detective.
3.9 Overtime
Work performed at the express authorization of the Employer in excess of the
Employee's scheduled shift.
3.10 Scheduled Shift
A consecutive work period, including rest breaks and a lunch break.
3.11 Rest Breaks
Periods during the scheduled shift, in which the Employee remains on
continual duty and is responsible for all assigned duties.
3.12 Lunch Break
2
A period during the scheduled shift, in which the Employee remains on
continual duty and is responsible for assigned duties.
3.13 Strike
Concerted action in failing to report for duty, the willful absence from one's
position, the stoppage of work, slow-down, or abstinence in whole or in part
from the full, faithful, and proper performance of the duties of employment
for the purposes of inducing, influencing or coercing a change in the
conditions or compensation or the rights, privileges or obligations of
employment.
3.14 Job Classification Senioritv
Length of continuous service within any job classification covered by this
AGREEMENT.
3.15 Employer Senioritti
Length of continuous service with the EMPLOYER.
Article 4. Employer Security
4.1 The Union agrees that during the life of this Agreement the Union will not
cause, encourage, participate in or support any strike, slow-down or other
interruption of or interference with the normal functions of the Employer.
Article 5. Employer Authority
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
determine the number of personnel; to establish work schedules, and to
perform any inherent managerial function not specifically limited by this
Agreement.
5.2 Any term and condition of employment not specifically established or
modified by this Agreement shall remain solely within the discretion of the
Employer to modify, establish, or eliminate.
Article 6. Union Security
6.1 The Employer shall deduct from the wages of Employees who authorize such
a deduction in writing an amount necessary to cover monthly Union dues.
Such monies shall be remitted as directed by the Union.
3
6.2 The Union may designate Employees from the bargaining unit to act as
steward(s) and alternate(s) and shall inform the Employer in writing of such
choices and changes in the position(s) of steward and/or alternate.
6.3 The Employer shall make space available on the Employee bulletin board for
posting Union notice(s) and announcement(s).
6.4 The Union agrees to indemnify and hold the Employer harmless against any
and all claims, suits, orders, or judgments brought or issued against the
Employer as a result of any action taken or not taken by the Employer under
the provisions of this Article.
Article 7. Employee Rights - Grievance Procedure
7.1 Definition of a Grievance
A grievance is defined as a dispute or disagreement as to the interpretation
or application of the specific terms and conditions of this Agreement.
7.2 Union Representatives
The Employer will recognize Representatives designated by the Union as the
grievance representatives of the bargaining unit having the duties and
responsibilities established by this Article. The Union shall notify the
Employer in writing of the names of such Union Representatives and of their
successors when so designated as provided by Section 6.2 of this Agreement.
7.3 Processin� of Grievance
It is recognized and accepted by the Union and the Employer that the
processing of grievances as hereinafter provided is limited by the job duties
and responsibilities of the Employees and shall therefore be accomplished
during normal working hours only when consistent with such Employee
duties and responsibilities. The aggrieved Employee and a Union
Representative shall be allowed a reasonable amount of time without loss in
pay when a grievance is investigated and presented to the Employer during
normal working hours provided that the Employee and the Union
Representative have notified and received the approval of the designated
supervisor who has determined that such absence is reasonable and would
not be detrimental to the work programs of the Employer.
7.4 Procedure
Grievances, as defined by Section 7.1, shall be resolved in conformance with
the following procedure:
Step 1
�
An Employee claiming a violation concerning the interpretation or
application of this Agreement shall, within twenty-one (21) calendar days
after such alleged violation has occurred, present such grievance to the
Employee's supervisor as designated by the Employer. The Employer-
designated representative will discuss and give an answer to such Step 1
grievance within ten (10) calendar days after receipt. A grievance not
resolved in Step 1 and appealed to Step 2 shall be placed in writing setting
forth the nature of the grievance; the facts on which it is based; the provision
or provisions of the Agreement allegedly violated; the remedy requested; and
shall be appealed to Step 2 within ten (10) calendar days after the Employer-
designated representatives final answer to Step 1. Any grievance not
appealed in writing to Step 2 by the Union within ten (10) calendar days
shall be considered waived.
Step 2
If appealed, the written grievance shall be presented by the Union and
discussed with the Employer-designated Step 2 representative. The
Employer-designated representative shall give the Union the Employer's
answer in writing within ten (10) calendar days after receipt of such Step 2
grievance. A grievance not resolved in Step 2 may be appealed to Step 3
within ten (10) calendar days following the Employer-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.
Step 2a
If the grievance is not resolved at Step 2 of the grievance procedure, the
parties, by mutual agreement, may submit the matter to mediation with the
Bureau of Mediation Services. Submitting the grievance to mediation
preserves timeliness for Step 3 of the grievance procedure. Any grievance not
appealed in writing to Step 3 by the Union within ten (10) calendar days of
mediation shall be considered waived.
Step 3
A grievance unresolved in Step 2 or Step 2a and appealed to Step 3 by the
Union shall be submitted to arbitration subject to the provisions of the Public
Employment Labor Relations Act of 1971, as amended. The selection of an
arbitrator shall be made in accordance with the "Rules Governing the
Arbitration of Grievances" as established by the Bureau of Mediation
Services.
7.5 Arbitrator's Authoritv
5
a. The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the terms and conditions of this Agreement.
The arbitrator shall consider and decide only the specific issue(s)
submitted in writing by the Employer and the Union, and shall have
no authority to make a decision on any other issue not so submitted.
b. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way to application of
laws, rules, or regulations having the force and effect of law. The
arbitrators decision shall be submitted in writing within thirty (30)
days following close of the hearing or the submission of briefs by the
parties, whichever be later, unless the parties agree to an extension.
The decision shall be binding on both the Employer and the Union and
shall be based solely on the arbitrator's interpretation or application of
the express terms of this Agreement and to the facts of the grievance
presented.
c. The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the Employer and the Union provided that
each party shall be responsible for compensating its own
representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire a verbatim
record of the proceedings the cost shall be shared equally.
7.6 Waiver
If a grievance is not presented within the time limits set forth above, it shall
be considered "waived." If a grievance is not appealed to the next step within
the specified time limit or any agreed extension thereof, it shall be considered
settled on the basis of the Employer's last answer. If the Employer does not
answer a grievance or an appeal thereof within the specified time limits the
Union may elect to treat the grievance as denied at that step and
immediately appeal the grievance to the next step. The time limit in each
step may be extended by mutual written agreement of the Employer and the
Union in each step.
Article 8. Savings Clause
8.1 This Agreement is subject to the laws of the United States, the State of
Minnesota and the City of Fridley. In the event any provision of this
Agreement shall be held to be contrary to law by a court of competent
jurisdiction from whose final judgment or decree no appeal has been taken
within the time provided such provisions shall be voided. All other provisions
of this Agreement shall continue in full force and effect. The voided provision
may be renegotiated at the written request of either party.
6
Article 9. Seniority
9.1 Seniority shall be determined by Job Classification Seniority and posted in an
appropriate location. Seniority rosters may be maintained by the Director of
Public Safety on the basis of both Job Classification Seniority and Employer
Seniority.
9.2 During the probationary period a newly hired or rehired Employee may be
discharged at the sole discretion of the Employer. During the probationary
period a promoted or reassigned Employee may be replaced in his/her
previous position at the sole discretion of the Employer.
9.3 A reduction of work force will be accomplished on the basis of Employer
Seniority. Employees shall be recalled from layoff on the basis of Employer
Seniority. An Employee on layoff shall have an opportunity to return to work
within one (1) year of the time of his/her layoff before any new Employee is
hired.
9.4 Senior Employees will be given preference with regard to transfer, job
classification and assignments when the job-relevant qualifications of
Employees are equal.
9.5 Employees shall be given shift assignments preference on the basis of Job
Classification Seniority.
9.6 One continuous scheduled annual leave period (not to exceed two weeks)
shall be selected on the basis of Job Classification Seniority until March lst
of each calendar year. After March lst, scheduled annual leave shall be on a
first-come, first-served basis.
9.7 Employees shall lose their Employer Seniority for the following reasons:
a. Discharge, if not reversed;
b. Resignation;
c. Unexcused failure to return to work after expiration of a vacation or
formal leave of absence. Events beyond the control of the Employee,
which prevent the Employee from returning to work, will not cause
loss of seniority;
d. Retirement.
Article 10. Discipline
10.1 The Employer will discipline Employees for just cause only. Discipline will be
in one or more of the following forms:
7
a. oral reprimand;
b. written reprimand:
c. suspension;
d. demotion; or
e. discharge.
10.2 Suspensions, demotions and discharges will be in written form.
10.3 Written reprimands, notices of suspension, and notices of discharge which are
to become part of an Employee's personnel file shall be read and
acknowledged by signature of the Employee. Employees and the Union will
receive a copy of such reprimands and/or notices.
10.4 Employees may examine their own individual personnel files at reasonable
times under the direct supervision of the Employer.
10.5 Discharges will be preceded by suspension without pay for forty (40)
regularly scheduled working hours unless otherwise required by law.
10.6 Employees will not be questioned concerning an investigation of disciplinary
action unless the Employee has been given an opportunity to have a Union
representative present at such questioning.
10.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of
the grievance procedure under Article 7.
Article 11. Constitutional Protection
11.1 Employees shall have the rights granted to all citizens by the United States
and Minnesota State Constitutions.
Article 12. Work Schedules
12.1 The normal work year is an average forty (40)-hour workweek for full-time
Employees, to be accounted for by each Employee through:
a. hours worked on assigned shifts;
b. holidays;
c. assigned training;
e. authorized leave time.
12.2 Nothing contained in this or any other Article shall be interpreted to be a
guarantee of a minimum or maximum number of hours the Employer may
assign Employees.
:
Article 13. Overtime
13.1 Employees will be compensated at one and one-half (1-1/2) times the
Employee's regular base pay rate for hours worked in excess of the
Employees regularly scheduled shift. Changes of shifts do not qualify an
Employee for overtime under this Article.
13.2 Overtime will be distributed as equally as practicable.
13.3 Overtime refused by Employees will for record purposes under Article 13.2 be
considered as unpaid overtime worked.
13.4 For the purpose of computing overtime compensation overtime hours worked
shall not be pyramided, compounded or paid twice for the same hours
worked.
13.5 Overtime will be calculated to the nearest fifteen (15) minutes.
13.6 Employees have the obligation to work overtime or call backs if requested by
the Employer unless unusual circumstances prevent the Employee from so
working.
Article 14. Court Time
14.1 An Employee who is required to appear in court during his/her scheduled off-
duty time shall receive a minimum of three (3) hours pay at one and one-half
(1-1/2) times the Employee's base pay rate. The City may assign the
Employee to stand by pending the notification of their appearance being
required. Unless otherwise specified by the City or the prosecutor, this period
of standby shall commence two (3) hours prior to the time scheduled for the
Employee's appearance in court. The Employee will be compensated for three
(3) hours at their base rate as provided in Article 21.1 for each day on
standby.
14.2 If the court appearance is scheduled during the Employee's off time, and if
the court appearance is cancelled, the Employee will be notified by the end of
the business day (5:00 p.m.) preceding the court appearance. If notification of
cancellation is not made by the end of the business day (5:00 p.m.) preceding
the court appearance, the Employee will receive standby pay for three (3)
hours at their base rate of pay.
14.3 The business day notice applies to all court cases for which the Employee
receives notice resulting from their employment with the City.
14.4 Employees who are assigned to standby for a court appearance during their
off-duty time, and who are then notified by the prosecuting attorney that they
need to appear and who do appear in court shall receive a minimum of three
9
(3) hours pay at one and one-half (1-1/2) times the Employee base rate of pay.
Employees will not be paid both standby pay and for three (3) hours at one
and one-half their base rate of pay.
14.5 Employees will be required to appear for the Court Trials/Traffic Court, for
Contested Omnibus Hearings, for Implied Consent Hearings, and for any
other court appearance where the City or the prosecuting attorney directs
that standby is not feasible.
Article 15. Call Back Time
15.1 An Employee who is called to duty during the Employee's scheduled off-duty
time shall receive a minimum of three (3) hours pay at one and one-half (1-
1/2) times the Employee's base pay rate. An extension or early report to a
regularly scheduled shift for duty does not qualify the Employee for the three
(3) hour minimum.
15.2 An Employee who works extra-duty work (outside employment) during the
Employee's scheduled off-duty time shall receive a minimum of two (2) hours
pay at one and one-half (1-1/2) times the Employee's base pay rate.
Article 16. Insurance
16.1 For Employees who choose single coverage, the Employer will contribute up
to $471.27 per month per employee toward health insurance for the Base
Plan or High Option during calendar year 2008, or an amount equal to that
provided to non-union employees, whichever is greater, in accordance with
the Employer's Flexible Benefit Plan. For calendar year 2009, the Employer
will contribute up to $471.27 per month per employee toward the Base Plan,
or an amount equal to that provided to non-union employees, whichever is
greater, in accordance with the Employer's Flexible Benefit Plan.
16.2 For the calendar year 2008, for Employees who choose dependent coverage,
the Employer will contribute up to $1,000.71 per month per employee toward
health insurance for the Base Plan or High Option, or an amount equal to
that provided to non-union employees, whichever is greater, in accordance
with the Employer's Flexible Benefit Plan. For the calendar year 2009, for
Employees who choose dependent coverage, the Employer will contribute up
to $1,000.71 per month per employee toward health insurance for the Base
Plan or an amount equal to that provided to non-union employees, whichever
is greater, in accordance with the Employer's Flexible Benefit Plan.
16.3 For Employees who choose the high deductible health plan and health
reimbursement arrangement (HRA), the Employer will contribute $401.00
per month toward single coverage for calendar year 2008, $356.66 per month
toward single coverage in 2009, and $900.71 toward dependent coverage for
both 2008 and 2009, or an amount equal to that provided to non-union
10
employees, whichever is greater, in accordance with the Employer's Flexible
Benefit Plan for the same calendar year.
16.4 For Employees who choose the high deductible health plan and health
reimbursement arrangement (HRA), the Employer will contribute $100 per
month toward the VEBA Trust Account, or an equal amount to that provided
to non-union employees, whichever is greater, in accordance with the
Employer's Flexible Benefit Plan.
16.5 For calendar year 2009, for Employees who choose the high deductible health
plan and health savings account (H.S.A.), the Employer will contribute
$326.59 per month toward single coverage and $900.71 per month toward
dependent coverage, or an amount equal to that provided to non-union
employees, whichever is greater, in accordance with the Employer's Flexible
Benefit Plan for the same calendar year.
16.6 For calendar year 2009, for Employees who choose the high deductible health
plan and health savings account (H.S.A.), the Employer will contribute $100
per month toward the Employee's H.S.A., or an equal amount to that
provided to non-union employees, whichever is greater, in accordance with
the Employer's Flexible Benefit Plan. Enrolled Employees may contribute
additional amounts into their H.S.A. during the calendar year, up to the
maximum contribution allowed by the IRS (currently $5,950 annual
maximum — including the Employer's contribution).
16.7 For Employees who choose dental coverage, the Employer will contribute up
to $22 per month toward dental, or an amount equal to that provided to non-
union employees, whichever is greater, in accordance with the Employer's
Flexible Benefit Plan.
16.8 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 $4.25
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.
16.9 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 $377.00, 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.
11
Article 17. Standby Pay
17.1 Employees required by the Employer to stand by shall be paid for such
standby time at the rate of one hour's pay for each hour on standby.
Employees placed on standby shall remain able to respond within a
reasonable time. Such reasonable time, if not otherwise specified at the time
of assignment to standby, shall be one (1) hour to the police department, or
other location designated by the City. Employees placed on standby shall
remain available to be contacted by the Employer by normal means to include
phone or wireless communication devices.
Article 18. Uniforms
18.1 The Employer shall provide required uniform and equipment items. Non-
uniformed Employees shall be reimbursed up to $400 per year for clothing
allowance.
Article 19. P.O.S.T. Training
19.1 Employer shall assign training at Employer's expense for Police Sergeants to
complete a minimum of 48 hours of P.O.S.T. Board-approved education
during each three-year licensing period.
19.2 Employer shall pay the cost of maintaining P.O.S.T. licensure for all
Employees required to maintain the license.
Article 20. Working Out of Class Pay
20.1 Employees assigned by the Employer to assume the full responsibilities and
authority of a higher job classification shall receive the salary schedule of the
higher classification for the duration of the assignment.
Article 21. Wage Rates
21.1 The following hourly wage rates will apply for 2008-2009 (amounts may be
rounded to two decimal points):
Jan. 1, 2008: $37.44 per hour
Jan. 1, 2009: $38.56 per hour
21.2 Specialty Pay - Any sergeant assigned to investigation will be compensated
an additional $225 per month.
12
Article 22. Separation Benefit Plan
22.1 Effective January 1, 1986, upon separation of employment, the City of
Fridley will pay a separation benefit to any employee hired before that date
who has been continuously employed ten (10) years or more as a full-time
authorized employee. The amount of the benefit shall be $200 for each full
year of service up to a maximum of $4,000 for twenty (20) years or more
service.
Article 23. Legal Defense
23.1 Employees involved in litigation because of proven negligence, or non-
observance of laws, or of a personal nature, may not receive legal defense by
the municipality.
23.2 Any Employee who is charged with a traffic violation, ordinance violation or
criminal offense arising from acts performed within the scope of his/her
employment, when such act is performed in good faith and under the direct
order of his/her supervisor, shall be reimbursed for attorney's fees and court
costs actually incurred by such Employee in defending against such charge.
23.3 Employer will provide protection for all Employees against false arrest
charges.
Article 24. Probationary Periods
24.1 All newly hired, rehired, or promoted Employees will serve a one year
probationary period.
Article 25. Annual Leave
25.1 Each Employee shall be entitled to annual leave away from employment with
pay. Employees shall accrue annual leave based on an average eight (8) hour
workday. Annual leave may be used for scheduled or emergency absences
from employment. Annual leave pay shall be computed at the regular rate of
pay to which such an Employee is entitled provided, however, that the
amount of any compensation shall be reduced by the payment received by the
Employee from workers' compensation insurance, Public Employees
Retirement Association disability insurance, or Social Security disability
insurance. An Employee's accumulation of annual leave will be reduced only
by the amount of annual leave for which the Employee received
compensation.
25.2 Seniority shall apply on scheduled annual leave up to March lst of each year.
After March lst scheduled annual leave shall be on a first-come, first-served
basis.
13
25.3 Annual leave shall accrue at the rate of eighteen (18) days (144 hours) per
year for the first seven (7) years (84 consecutive months) of employment with
the City.
An Employee who has worked seven (7) years (84 consecutive months) shall
accrue annual leave at the rate of twenty-four (24) days (192 hours) per year,
beginning with the eighty- fifth (85th) month of consecutive employment with
the City.
An Employee who has worked fifteen (15) years (180 consecutive months)
shall accrue annual leave at the rate of twenty-six (26) days (208 hours) per
year, beginning with the one hundred eighty-first (181st) month of
consecutive employment with the City.
These rates are based on a forty-hour (40) regular workweek. The actual
amount credited to an Employee in any given pay period shall be pro-rated
according to the actual number of regular hours worked during that pay
period. Hours worked on overtime, callback, or standby shall not enter into
the calculation of the accrual of annual leave.
25.4 For an Employee hired on or after January 1, 1984:
The maximum total accumulation of annual leave at the end of any given
year shall be thirty (30) days (240 hours).
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 days (40 hours) of accumulated annual leave for cash.
25.5 For an Employee hired before January 1, 1984:
Vacation accrued but unused as of December 31, 1983, shall be converted by
annual leave at the rate of one (1) day of annual leave for one (1) day of
vacation. Accrued but unused sick leave as of December 31, 1983, shall be
converted to annual leave according to the following schedule:
a. lst 45days @ 1 day of annual leave for 1 day of sick leave
b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave
c. Remainder @ 1 day of annual leave for 3 days of sick leave
In lieu of severance pay, one hour of annual leave shall be credited for each
full month of employment up to a maximum of two hundred forty (240) hours.
The total amount of annual leave credited to the Employee's balance as of
January 1, 1984, shall be equal to accrued but unused vacation plus accrued
but unused sick leave converted according to the formula above plus the
amount in lieu of severance pay. If upon conversion to the annual leave plan
14
an Employee's accumulation of annual leave exceeds thirty (30) days (240
hours) that amount shall be the maximum total accumulation (cap) for that
Employee at the end of any subsequent year.
Once a year, at a time designated by the City, an Employee will have the
opportunity to exchange up to five (5) days (40 hours) of accumulated annual
leave for cash.
In addition, once a year at a time designated by the City, an Employee with
an accumulation of annual leave in excess of thirty (30) days (240 hours) will
have the opportunity to exchange up to five (5) days (40 hours) of annual
leave for cash. Such an exchange shall reduce the maximum total
accumulation (cap) of an Employee by an equal amount.
25.6 An Employee who wishes to take advantage of the catch-up provision of the
I.C.M.A. Retirement Corporation may exchange as many days as desired for
cash under the following conditions:
a. The Employee's cap is reduced by the number of days exchanged.
b. In no case may the cap be reduced below thirty (30) days (240 hours).
c. An Employee taking advantage of this provision must file the
appropriate forms with the payroll division of the Employer.
25.7 Upon separation from employment with the City, an Employee will be paid
one (1) days salary for each day of accrued annual leave remaining in the
Employee's balance.
Article 26. Holidays
26.1 Employees will accrue eight (8) hours of holiday leave for each of eleven (11)
holidays in a calendar year.
26.2 In addition to the eleven holidays, Employees shall be paid at one and one-
half (1-1/2) times their base rate of pay for all hours worked on the actual
holiday between the hours of midnight and midnight. For any overtime hours
worked on a holiday Employees will be paid two (2) times their base rate of
p ay.
26.3 Employees, with approval, may use accumulated holiday leave time in any
hourly increment the Employee chooses.
26.4 If an additional holiday is awarded to other non-union employees, it would be
provided to the Union as well.
15
Article 27. Short Term Disability
27.1 Calculation of the short-term disability benefit shall be based on an average
eight (8) hour workday. Each Employee who has successfully completed the
Employee's probationary period shall be eligible for the short-term disability
benefit. Such an Employee shall be entitled to full pay commencing on the
twenty-first (21st) consecutive working day on which the Employee is absent
(after absence for 160 consecutive regularly scheduled working hours) 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 tenth (110th) working
day (880th regularly scheduled working hour) of absence whichever occurs
first. Such an Employee shall also be entitled to full pay commencing on the
eleventh (l lth) consecutive working day on which the Employee is absent
(after absence for eighty consecutive regularly scheduled working hours) 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 (100th) working day
(800th regularly scheduled working hour) of absence, whichever occurs first.
The amount of any compensation for the short-term disability benefit shall be
reduced by any payment received by the disabled Employee from workers'
compensation insurance, Public Employees Retirement Association disability
insurance, or Social Security disability insurance. Payment of short-term
disability benefit by the City to an Employee shall not exceed ninety (90)
working days (720 working hours) for any single illness or injury, regardless
of the number and spacing of episodes. The annual leave balance of an
Employee receiving short-term disability benefit shall not be reduced nor
shall such Employee accrue annual leave during that period.
27.2 Before any short-term disability payments are made by the Employer to an
Employee, the Employer may request and is entitled to receive a certificate
signed by a competent physician or other medical attendant certifying to the
fact that the entire absence was, in fact due to the illness or injury and not
otherwise. The Employer also reserves the right to have an examination
made at any time of any Employee claiming payment under the short-term
disability benefit. Such examination may be made on behalf of the Employer
by any competent person designated by the Employer when the Employer
deems the same to be reasonably necessary to verify the illness or injury
claimed.
27.3 If an Employee hired before January 1, 1984, has received payments under
the injury-on- duty provisions of previous contracts, the number of days for
which payment was received will be deducted from the number of days of
eligibility for coverage under short-term disability for that same injury.
16
Article 28. Bereavement Leave
28.1 Bereavement leave will be granted to full-time Employees up to a maximum
of twenty-four (24) scheduled hours. Bereavement Leave is granted in case of
deaths occurring in the immediate family. For this purpose, immediate
family is considered to include those individuals (either by blood or by law)
such as: spouse, children, parents, brothers, sisters, grandparents,
grandchildren, parents in-laws, brothers in-law, and sisters in-law.
28.2 The City will allow union employees to follow current practices for non-union
employees, which gives Employees an option to appeal directly to the City
Manager for additional time off if extenuating circumstances prevail.
Article 29. Jury Pay
29.1 It shall be understood and agreed that the Employer shall pay all regular
full-time Employees serving on any jury the clifference in salary between jury
pay and the Employee's regular salary or pay while in such service.
Article 30. Compensatory Time
30.1 Management reserves the right to approve compensatory time in lieu of
overtime pay. Compensatory time shall not be accumulated in excess of
twenty-four (24) hours, and must be used within the calendar year in which it
was accumulated as determined by the Employer.
Article 31. Employee Education Program
31.1 The Employer will pay certain expenses for certain education courses based
on the following criteria:
a. The training course must have relevance to the Employee's present or
anticipated career responsibilities;
b. Attendance shall be at an institution approved by the Employer. The
course must be approved by the Chief.
c. Financial assistance will be extended only to courses offered by an
accredited institution. This includes vocational schools, Minnesota School
of Business, etc.
31.2 Pro�rams Financial Policy
Financial assistance not to exceed the amount of two thousand, nine
hundred, twenty-five dollars ($2,925.00) per Employee per year will be
extended to cover the cost of tuition, required books or educational materials,
and required fees related to the course. Charges for student union
17
membership, student health coverage and other charges for which the
student receives some item or services other than actual instruction will not
be paid. The Employer will pay fifty percent (50%) of the cost of tuition in
advance of the Employee's actual participation in the course and the
Employee shall pay fifty percent (50%) of the cost. Upon successful
completion of the course, an Employee will be required to present to the Chief
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 instructor that
the student satisfactorily participated in the activities of the course i�
required.
31.3 If the Employee satisfactorily completes the course, the Employee will be
reimbursed for the additional fifty percent (50%) of the tuition cost for which
the Employee obligated himself or herself in the approved application as well
as for the cost of any course required books, educational materials or fees. If
the Employee fails to satisfactorily complete the course, the Employee will
not be reimbursed for these costs.
31.4 The program will not reimburse the Employee for the hours the Employee
spends in class, only for the tuition.
31.5 Expenses for which the Employee is compensated under some other
educational or assistance program, such as the GI bill, will not be covered.
31.6 The City will not pay tuition or other costs for those courses, which are used
to make the Employee eligible for additional salary.
Article 32. Waiver
32.1 Any and all prior agreements, resolutions, practices, policies, rules and
regulations regarding terms and conditions of employment, to the extent
inconsistent with the provisions of this Agreement, are hereby superseded.
32.2 The parties mutually acknowledge that during the negotiations, which
resulted in this Agreement, each had the unlimited right and opportunity to
make demands and proposals with respect to any term or condition of
employment not removed by law from bargaining. All agreements and
understandings arrived at by the parties are set forth in writing in this
Agreement for the stipulated duration of this Agreement. The Employee and
the Union each voluntarily and unqualifiedly waives the right to meet and
negotiate regarding any and all terms and conditions of employment referred
:
to or covered in this Agreement or with respect to any term or condition of
employment not specifically referred to or covered by the Agreement, even
though such terms or conditions may not have been within the knowledge or
contemplation of either or both of the parties at the time this contact was
negotiated or executed.
Article 33. Duration
33.1 This Agreement shall be effective as of first day of January, 2008, and shall
remain in full force and effect through the thirty-first day of December, 2009.
In witness whereof, the parties hereto have executed this Agreement on this
day of
Scott J. Lund, Mayor
2009.
FOR CITY OF FRIDLEY
William W. Burns, City Manager
Deborah K. Dahl, Human Resources Director
Donovan W. Abbott, Public Safety Director
(D ate)
(Date)
(D ate)
(Date)
FOR LAW ENFORCEMENT LABOR SERVICES, INC.
Brooke Bass, LELS Business Agent
Jeff Guest, Steward
19
(Date)
(D ate)
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 26, 2009
�ffY �F
FRIDLEY
To: William W. Burns, City Manager
From: Don Abbott, Public Safety Director
Date: January 22, 2009
Re: Revised Joint Powers Agreement for JLEC
The members of the Joint Law Enforcement Council (JLEC) are proposing that all member entities adopt a
revised Joint Powers Agreement (JPA). The Joint Law Enforcement Council is comprised of Chief Law
Enforcement Officers and an elected official from each member city in Anoka County, as well as representation
from the Sheriff's Office and Anoka County. The purpose of the group is to further and oversee certain areas of
law enforcement where benefits can be derived from acting cooperatively. Anoka County leads the State in
having this type of group for these many years (since 1970). The City of Fridley is one of the original members
of the JLEC.
The JLEC provides direction and oversight to public safety communications/911, the Joint Records System,
countywide law enforcement training, emergency management, and other areas of common interest. The JLEC
provides fiscal management for the Joint Records System and the recent conversion to 800 mhz radio
communications.
From time to time, the JPA has been revised to accommodate new members, accomplish new tasks, or in
response to changing trends or demands on law enforcement. The following is an overview ofthe changes to
the Joint Powers Agreement for the Joint Law Enforcement Council:
1. Incorporate the previous JPA for the public safety communication system (2003), the previous JPA for the
Joint Law Enforcement Council (1970 & 1982), and the previous amendment of the JPA for the Joint Law
Enforcement Council (2001) into a single JPA, eliminating the provisions that no longer apply due to
completion.
2. Clarifies the procedure for withdrawal from the JPA including 30 day notice provision.
3. Makes the County Attorney a voting member of the council. Previously the County Attorney's
membership was based on his election as chair. This change allows the Council the flexibility to have a
different chair, but still continue the County Attorney's participation in the LJEC.
4. Clarifies the start and end dates of the terms of the JLEC membership and allows for appearance by a
proxy. This change helps to resolve quorum problems and allows the member agencies to designate
someone else from their agency to attend and vote when the regular member is absent. The remaining
quorum rules are dealt with in the JLEC Rules of Procedure instead of the JPA.
5. Sets forth the budget process for funding the RMS and communications system, along with any further
projects.
6. Sets forth the termination of the agreement including what happens to any property the JLEC possesses
upon termination (required by statute).
Staff recommends approval of the revised JPA.
� AGENDA ITEM
� COUNCIL MEETING OF JANUARY 26, 2009
�ffY �F
FRIDLEY
CLAIMS
140137 - 140439
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 26, 2009
��F LICENSES
FRIDLEY
Type of License Applicant Approved By:
Tree Trimmers License Fran's Tree Service Public Works Su erintendent
David A. Williams Public Safet
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 26, 2009
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
As halt Drivewa Co Blackto Rochelle Chorlton Ron Julkowski, CBO
Automatic Garage Door & Gas Cheryl Lundquist Ron Julkowski, CBO
Fire laces
Co orate Mechanical Inc Heatin Jeff Borns Ron Julkowski, CBO
Dave Darling Remodeling & Commercial or David Darling Ron Julkowski, CBO
Construction S ecialt
Galax Mechanical Heatin Ke Gerard Ron Julkowski, CBO
Ice-O-Metric Construction Inc Commercial or Zac Scott Ron Julkowski, CBO
S ecialt
McGough Construction Commercial or Tom McGough Ron Julkowski, CBO
S ecialt
Si nArt Co Inc Si n Erector Finn Jacobsen Ron Julkowski, CBO
St Cloud Refri eration Heatin Michael D Fitch Ron Julkowski, CBO
Van Mar Construction Commercial or Pete Vanasse Ron Julkowski, CBO
S ecialt
VIP Properties Commercial or Jim Gawicky Ron Julkowski, CBO
S ecialt
�
�
�lTY �F
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OFJANUARY 26, 2009
William W. Burns, City Manager
John Crelly, Assistant Chief
January 26, 2009
Annual Renewal of Rental Licenses
Attached is a list of 44 properties that have completed the license renewal process. Each
property listed has submitted a rental license application, paid all fees, and has completed the
rental property inspection process.
Staff recommends that City Council approve the rental license renewal for these properties.
RENTAL HOUSING
4t" Quarter License Renewals
Propi�: Property Address Units
1597
1832
1488
1162
1173
1163
1174
1175
1835
1185
1186
1188
1839
1199
1473
1203
1809
1243
1465
1256
1280
1281
1509
1296
1061
1318
1810
1330
1331
1836
1830
1077
1086
1054
1055
1820
1824
1833
1831
1434
1691
1446
1449
1531
4732 2 1/2 St. NE
4620 2nd St. NE
5601-07 4th St. N E
5644 4th St. N E
5860-62 4th St. NE
5870-72 4th St. NE
5900-02 4th St. NE
5916-18 4th St. NE
553 54th Ave. NE
262 57th PI. NE
359 57th PI. NE
390 57th PI. NE
290 58th Ave. NE
5451 5th St. N E
6156-84 5th St. N E
6242-44 5th St. N E
23 62nd Way NE
1630-40 69th Ave. NE
5949 6th St. NE
1270-76 72nd Ave. NE
5612 7th St. N E
5640 7th St. NE
5781 7th St. N E
7313-15 Able St. NE
5960-80 Anna Ave. NE
5701 Central Ave. NE
6061 Central Ave. NE
6551 Channel Rd. NE
6571 Channel Rd. NE
175 Craigbrook Way
5527 E Oberlin Circle
5950 East River Rd.
5850 Hackmann Ave. NE
150 Island Park Dr. NE
151 Island Park Dr. NE
6710 Kennaston Dr NE
5985 McKinley St. NE
7376 Memory Ln. NE
730 Overton Dr. NE
6315-17 Pierce St. NE
1585 S Bavarian Pass
6447 Taylor St. NE
7349-51 University Ave.
5751 W Moore Lk Dr. NE
Total # of Licenses for Approval = 44
1
1
4
7
2
2
1
2
1
8
8
4
1
32
16
2
1
6
1
4
11
11
1
2
34
32
1
11
11
1
1
12
1
12
12
1
1
1
1
2
1
1
2
1
Owner
KPR Properties, LLC
Tara Chay
PMJ Townhomes
Raees Chohan
John L. Majewski
Kwei-Tsang Chen
Aleksandr Blinova
Nelson Investments
Dale Christiansen
David Rust
Wlliam Toivonen
Daniel O'Neil
Amy L. Snow
Pinecrest Apts , LLC
Brandes Place
James Nelson
Mahmoud Abdel-Karem
Rice Creek Townhouses
PK Investments
D& T Rent to Own
MRANS INC
MRANS INC
ACCAP
David Halek
Riverwood Rentals, LLC
Moore Lake Apts, LLC
GLT Properties, LLC
HJ 11 LLC.
HJ 11 LLC.
H Properties, LLC
Carissa Westring
Guy Properties
Cheryl L. Stinski
Wcklow Properties
Mirsad Dizdarevic
GLT Properties
Mike Klosterman
Aden Aw-Hassan
Schmidt Properties
Michael Springs
Yvonne & Randall Waters
Wayne S. Johnson
Tom Okerstrom
Gerry Gerochi
1/20/2009
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FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 26, 2009
ESTI MATES
Shank Constructors, Inc.
3501 — 85th Avenue North
Brooklyn Park, MN 55443
Commons Park Water Treatment Plant Filter Improvements
Proj ect No. 379
EstimateNo. 2 .............................................................................
Standard Sidewalk
10841 Mankato Street N.E.
Blaine, NIN 55443
$ 49,293.60
2008 Miscellaneous Concrete Repair
Proj ect No. 375
EstimateNo. 6 ................................................................................. $ 570.15
�
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CffY OF
FRIDLEI'
�
FROM
DATE
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 26, 2009
William W. Burns, City Manager
James Kosluchar, Public Works Director
January 26, 2009
PW09-0()7
SUBJECT: Preliminary Assessment Hearing on Street Rehabilitation
Project No. ST2009-01
Pursuant to discussion and direction of the City Council, a feasibility report has been
prepared by the City of Fridley Public Works Department with reference to the 2009
Street Rehabilitation Project No. ST2009-01. On January 5, 2009, this report was
presented to the City Council. The City Council set a date for a public hearing on
assessments for January 26, 2009 at 7:30 PM.
Two hundred (200) residential properties and forty-one (41) commercial properties
are subject to assessment on the project, in conformance with the City of Fridley's
Roadway Major Maintenance Financing Policy.
Staff has been very careful about following all proper procedures for notifying the
affected property owners subject to assessment, such as individual letters inviting
them to the meeting, which were mailed on January 9, 2009. Publication serving as
legal notice of the hearing has been posted in the Focus Legal Ads section January
15, and January 22, 2009.
With mailed notices, staff also included invitations to a project open house held on
January 21, 2009. At the open house, staff presented project construction
information, including project scope and tentative schedule. Approximately 45
property owners attended the open house. Staff was available to address questions
and concerns from attendees.
Staff requests that the City Council open the preliminary assessment hearing on
Street Rehabilitation Project No. ST2009-01 and hear all those who desire to address
the Council.
JPK:jpk
Attachment
CITY OF FRIDLEY
NOTICE OF HEARING ON IMPROVEMENTS
2009 STREET REHABILITATION PROJECT NO. ST. 2009-01
WHEAREAS, the City Council of the City of Fridley, Anoka County, Minnesota has deemed it
expedient to receive evidence pertaining to the improvements hereinafter described.
NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 26t'' day of January, 2009, at 7:30
p.m. the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University
Ave., N.E., Fridley, MN and will at said time and place hear all parties interested in said improvements
in whole or in part.
The general nature of the improvements is the construction (in the lands and streets noted below) of the
following improvements, to-wit:
Street and utility improvements, including asphalt milling, hot mix bituminous paving, aggregate base,
water main replacement, concrete curbing, street striping, and boulevard restoration located as follows:
2009 STREET REHABILITATION PROJECT NO. ST. 2009-01
University Avenue West Service Drive 69"' Place to 7100 block
Commerce Circle East 7100 block to 73rd Avenue
University Avenue West Service Drive 73rd Avenue to 85"' Avenue
69t1i Avenue Univ Ave W Serv Dr to TH 47
300' east and west of intersections on University Avenue West Service Drive / Commerce Circle East
69�' Place to 85�' Avenue
Comet Lane Trinity Drive to Jupiter Drive
Jupiter Drive Rainbow Drive to Sylvan Drive
Mercury Drive Satellite Lane to Univ. Ave. W. Service Dr.
Rainbow Drive 61St Avenue to Univ. Ave. W. Service Dr.
Satellite Lane Starlite Boulevard to Mercury Drive
Star Lane 61St Avenue to Univ. Ave. W. Service Dr.
Starlite Circle Satellite Lane to north terminus
Starlite Boulevard 61St Avenue to Sylvan Lane
Sunrise Drive 61St Avenue to Univ. Ave. W. Service Dr.
Sylvan Lane Starlite Boulevard to Jupiter Drive
Trinity Drive 61St Avenue to Starlite Blvd
University Avenue West Service Drive Star Lane to Satellite Lane
All of said land to be assessed proportionately according to the benefits received by such improvement.
Hearing impaired persons planning to attend the public hearing who need a interpreter or other person
with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later
than the 23rd day of January, 2009.
Published: Fridley Focus
January 15, 2009
January 22, 2009
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Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 26, 2009
January 22, 2009
Wlliam W. Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Second Reading of Rezoning Request, ZOA #05-03, by JLT
East River Road LLC
M-09-02
INTRODUCTION
On January 5, 2009 Council held a public hearing and considered this rezoning item. After
taking testimony, Council asked that the item be placed on the Agenda for January 26, 2009. The
stated intent for allowing the additional time before action was to consider various aspects of the
rezoning. Aspects such as: the uniqueness of the request, easement with the adjacent neighbor,
modifications to the architectural standards for the development, and parking layout for the
development.
RESPONSE TO CONCERNS
Uniqueness of the request
Council approved the first reading of an ordinance to rezone the JLT parcels in 2005. Council
further confirmed their interest in rezoning this property by amending the Comprehensive Plan
to designate this site as a Commercial site as well. This is the factor that makes this site and this
rezoning request unique. Unlike many rezoning applications that would need to be accompanied
by a Comprehensive Plan amendment, this zoning designation will match Council's intentions
identified in the Comprehensive Plan. The City seeks to be consistent between its zoning and
Comprehensive Plan designations. The City does not have another situation where a large
undeveloped site exists and where the Comprehensive Plan is guiding the land contrary to
current zoning.
Easement with the adjacent neighbor
The easement agreement has been completed and all terms agreed upon by both property owners.
A copy of the easement agreement has been included in Council's reading materials for their
review and your distribution on Friday. The easement would need to be executed and filed, prior
to issuance of a building permit, as the stipulations of this approval would prescribe.
Modifications to the architectural standards for the development
All changes requested by Council have been made and the revised architectural standards have
been included in Council's reading materials for their review and your distribution on Friday.
Parking layout for the development
The site plan has been revised to include planting islands and stalls have been modified to meet
Code dimensional requirements. The petitioner has also included a profile illustration of the
elevation of the site and its parking, relative to surrounding roadway elevations. A copy of the
revised plan and profile illustration has been included in Council's reading materials for your
distribution on Friday. The profile illustration helps to demonstrate how the elevation
differences, when combined with new landscaping will create a view of landscape and plant
materials, rather, than vast expanses of parking, from the surrounding Roadways.
JLT's representative, Joe Meyer has indicated that he would really like Council to have a chance
to view the type and quality of site amenities that 7LT is accustomed to building into its
developments. A series of photos have been included in Council's Packet to show various
development projects completed by 7LT. Mr. Meyer indicated that he would agree to a
stipulation that would require Council review if the buildings were to vary substantially from the
plan that is proposed.
Council's approval in 2005 was necessary to allow the developer to market the site for
commercial development. As a result of Council's first reading, the developer has made a
considerable investment in brokers who have promoted the site as commercial and in engineers
and architects who have attempted to deliver the development Council sought. Market conditions
are difficult and it is not unusual for a city to approve a concept, without knowing the tenants in
a multi-tenant plan. Especially when the developer will agree to bringing back the proj ect for
further review, if the project substantially changes from the plan approved (Substantial to be
defined as a change in the number of buildings, change in type of uses, or a modification to an
individual building that adds or subtracts 20% or more to the building's floor area.).
The rezoning is consistent with the City's Comprehensive Plan.
PLANNING STAFF RECOMMENDATION
Staff recommends approval of the attached ordinance allowing the rezoning of the site from M-
2, Heavy Industrial, to C-3, Shopping Center District, with the following 10 stipulations.
STIPULATIONS
1. Petitioner shall comply with the State of Minnesota Rules, Chapter 4410 for
environmental impact review.
2. Easement agreement between JLT and US Corrugated to be filed allowing full access
and 57th Avenue improvements to be made according to plan submitted and dated 11-
26-2008
3. Petitioner shall submit user-specific site plans, including appropriate drainage and
landscaping details, prior to issuance of building permit for individual buildings.
4. Implementation of a traffic management plan, including any required infrastructure
enhancements, approved by the City for the corresponding site plan once specific
users are known.
5. All pertinent plats shall be applied for prior to issuance of building permit for
buildings in that portion of the development.
6. Developer to building in pedestrian access opportunities to serve the development.
These pedestrian plans shall be approved with each set of building plans, prior to
issuance of building permit for each building on site.
7. Architectural criteria submitted, prepared by: Kathy Anderson, Architectural
Consortium, dated 11-17-2008, shall be filed with the County and used as covenants
for each future building's design.
8. All Fire Department and Engineering Department concerns listed above shall be
addressed prior to issuance of building permits for building on this site.
9. Costs of any additional signal or infrastructure improvements deemed necessary to
serve commercial development on this site; by Anoka County, shall be borne by the
developer.
10. The developer or successors shall agree to bringing back the project for further
review, if the project substantially changes from the plan approved (Substantial to be
defined as a change in the number of buildings, change in types of uses, or a
modification to an individual building that adds or subtracts 20% or more to the
building's floor area.).
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA
BY MAKING A CHANGE IN ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated.
SECTION 2. The tract or area within the County of Anoka and the City of Fridley and
described as:
5601 East River Road NE: The west 270 feet of Lot 4, Auditors
Subdivision No. 89, subject to easement of record.
Is hereby designated to be in the Zoned District C-3 (General
Shopping).
SECTION 3. That the Zoning Administrator is directed to change the official zoning map
to show said tract or area to be rezoned from Zoned District M-2 (Heavy
Industrial) to C-3 (General Shopping).
SECTION 4. That Council's approval shall be predicated on the inclusion and
compliance with the 9 stipulations attached and found in Exhibit A
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
_DAYOF ,_.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing: August 22, 2005
First Reading: September 12, 2005
Second Reading: January 26, 2009
Publication:
Fridley- JLT Development O1/21/09
Architectural Design and Signage Guidelines
Architectural Consortium LLC
The overall design concept is to create a mixed-use development combining retail,
restaurants, and office in a cohesive site plan to allow flexibility of building types. The
architecture should maintain a uniform character and reflect a style that is compatible
amongst all buildings in the development.
BUILDING ORIENTATION
- Site planning concept of multiple buildings with a focus toward Highway 694 and
the future 57th Street connection.
- The orientation of buildings should take advantage of available view sheds of
future development sites where possible.
- Automobile oriented functions such as drive- thrus should be internal to the
individual site pad.
- Green area is aggregate throughout development to provide 30%.
- Service areas of maj or tenants shall orient west toward industrial property, or
toward railroad tracks where feasible.
BUILDING DESIGN
Building Mass
- Varying scale of buildings should be encouraged.
- Varying rooflines to create interest in design styles shall be encouraged.
- Building coverage of not more than 40% may be accepted.
- Large blank expanses of wall facing public street frontage are prohibited.
Facade Design
- Colorful canopies, roofs, and accents are encouraged, however controlled to a
palette of selected colors pursuant to the color and material board submitted and
approved by the city.
- Architectural character will be consistent with all buildings within master plan.
- Masonry detailing such as soldier coursing, or patterning shall be encouraged.
- Thematic decorations are limited to main front entries only.
- The use of cornices, ornamental lights, and other architectural details should be
encouraged.
Building Materials
- Materials shall be selected for suitability to the type of buildings and the design in
which they are used. Building walls should be finished in aesthetically acceptable
tones and colors to complement tones and colors of neighboring developments.
- Materials shall be a durable quality.
- Exterior wall treatments such as brick, natural stone, decorative concrete block,
stucco, and architectural metal panels are encouraged.
- All wood treatment shall be painted and weather proofed.
- A minimum of 25% of decorative masonry variation in color, texture, or surface.
- Colors and specifications of masonry and stucco colors should be consistent
throughout the development
- Blank single masonry walls must consist of 25% of decorative masonry variation
in color, texture, or surface
- Rear of buildings facing Industrial sites or railroad tracks shall be rockface block
in a color to match predominant brick color.
Doors and Windows
- Canopies shall be encouraged at entry ways.
- Window frame, material, and color to complement architectural style and be
consistent in color throughout development.
- Window openings may be modulated to scale and proportion that is
complementary to the architectural style. Maximize storefront opportunities to
avoid long expanses of blank walls at street fronts.
- A minimum of 8' clear space shall be provided from sidewalk elevation to the
lowest point of a canopy and or suspended sign.
- Window frames shall be constructed of prefinished metal.
- Window and doors shall be glazed in clear glass for retail buildings. Mirrored
windows shall be discouraged.
SCREENING
Loading areas, service doors, mechanical equipment or other utility hardware on
ground, roof or building shall be screened from public view with materials similar
to adj acent building material.
Drive — thru or service lanes should be screened with berming and landscaping.
FRANCHISE DESIGN
-Franchise design shall utilize similar materials, scale and style of these architectural
Standards, yet maintain corporate identity.
LANDSCAPE AND SITE TREATMENT
Planting
- Plant material is to be utilized within the master plan area as an aid to provide
continuity within the area and provide a recognized definition of its boundaries.
- Overstory trees will be utilized along external and internal roadways and placed
as to not block visibility of commercial signage.
- Unity of design shall be achieved by repetition of certain plant varieties and other
streetscape materials and by correlation with the approved landscape plan dated 9/
8/ 08.
- Entry points into the site are to be specially landscaped and are to be designed
with a common theme.
- Plant material is to be utilized as a screening element for parking and building
utility areas.
- Plant materials are to be utilized within parking lot islands, grouped massing of
landscape encouraged in parking lots versus individual planting to maximize
landscape impact and allow functional snow removal.
- Adjoining loading, service, utility and outdoor storage areas shall be screened
from all public roads. When natural materials are used as screening, 75% opacity
must be achieved year round through the use of evergreen trees.
- Preservation of natural areas is encouraged where possible.
- Plant materials shall be selected in regard to its interesting structure, texture,
color, seasonal interest and its ultimate growth characteristics.
- Where building sites limit planting, the placement of plant materials in planters or
within paved areas is encouraged.
- The central pond shall contain a fountain feature to contribute to visual interest.
Parking
- When determined appropriate, commercial buildings are to accommodate
bicycle/motorcycle parking areas and bike racks.
- Cross parking between sites is encouraged.
- Parking shown as proof of parking cannot count in green area calculation.
- Parking stalls to be a minimum of 10'x20, drive aisles to be 25' (65' bay spacing).
- Parking lot layout should include clear, traffic movement for both pedestrian and
automobile.
- A minimum overall parking ratio of 4.5/1000 shall be maintained
- Site impervious surface should be minimized to help preserve green space, yet
provide the necessary parking amount to support the development regardless of
uses.
Lighting
- Lighting should provide continuity and consistency throughout the area. All
parking lot lights shall be high pressure sodium, and be uniform in style, color,
and height. Maximum pole height of 30' in parking areas.
- Exterior wall lighting shall be encouraged to enhance the building design and the
adj oining landscape.
- Lighting styles and building fixtures shall be of a design and size compatible with
the building and adjacent areas. Ornamental lighting shall be encouraged.
- Excessive brightness shall be prohibited.
SIGNAGE- BUILDING AND FREESTANDING MONUMENTS
Signs not allowed:
-Rooftop signage
-Signs painted on building
-Electronic reader boards (Unless approved by landlord and city)
-Flashing or motion signs
-Pole signs
- Signage must maintain a consistent metal surround color throughout the
development
- Monument signs should be consistent in character, height and SF (20' high, 80
SF).
- Pylon signs should be consistent in character, height and SF (35'high, 200SF)
- Base of monuments must be of masonry material to match buildings, and reflect
architectural character and detailing.
- Building signage should not overpower architectural character, but serve as
identity.
- Low entry monuments are encouraged and shall not to exceedl0' in height.
- Wall signage shall be 15 times the square root of the wall length as stated per city
code
- Wall signage is allowed on any fa�ade facing public R.O. W.
- Accent color banding or neon will be counted in sign area calculation if more than
one band.
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CffY OF
FRIDLEI'
TO
From
DATE
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 26, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne R. Otteson, Assistant Public Works Director
January 26, 2009
' 1• 11:
SUBJECT: Street Rehabilitation Project ST2009-01 - Resolution Directing Preparation of
Final Plans and Ordering Advertisement for Bids
The attached resolution directs preparation of final plans and specifications and authorizes the
advertisement for bids for the 2009 Street Rehabilitation ProjectNo. ST2009-01. The annual
mill and overly program proposes to rehabilitate University Avenue West Service Drive from
69th Avenue to 85th Avenue and the Sylvan Hills neighborhood. The total project length is
approximately 4.5 miles (24,000 feet).
This year's rehabilitation proj ect has two components. The first component is a 1 �/z"-2" deep
mill and overlay over the streets described above. The second component replaces
approximately one half-mile of water main from 73rd Avenue to Osborne Road (2,600 feet).
The repaving work is funded using special assessments and MSAS funds. The water main
repair will be funded through the water utility. Sanitary and stormwater costs are funded by
their respective utilities.
A Public Hearing on special assessments for this project is scheduled for the January 26,
2009, City Council meeting.
Staff recommends that after the public hearing, the City Council consider adopting the
attached resolution to prepare final plans and specifications and call for bids for the work.
JPK:jpk
Attachment
RESOLUTION NO. 2009 -
RESOLUTION ORDERING FINAL PLANS, SPECIFICATIONS AND CALLING FOR BIDS:
2009 STREET REHABILITATION PROJECT NO. ST 2009 - O1
WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of
Fridley and the property owners affected thereby, and
WHEREAS, the City of Fridley has prepared a Capital Improvement Plan to systematically reconstruct
streets in the City to a standard section including concrete curb and gutter, and
WHEREAS, the City of Fridley's Engineering Department has completed preparation of a feasibility
report and estimates of costs thereof for the improvements.
WHEREAS, pursuant to direction of the City Council, a report has been prepared by the City of Fridley
Public Works Department with reference to the specific improvements, and
WHEREAS, Resolution No. 2009-04 adopted January 5, 2009 received the draft feasibility report and
called for a public hearing on the matter of the construction of certain improvements listed therein, and
WHEREAS, a public hearing regarding said improvements was set for January 26, 2009, and ten days'
mailed notice and two weeks' published notice of the hearing was given, and
WHEREAS, the public hearing regarding said improvements was held thereon on January 26, 2009 at
which all persons desiring to be heard were given an opportunity to be heard thereon,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY, MINNESOTA:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility
report.
2. That the improvements proposed in the feasibility report are hereby ordered to be effected
and completed as soon as reasonably possible, to-wit:
3. Street improvements, including milling and overlaying with hot-mix bituminous
pavement and ancillary work associated with these improvements, to be constructed on
the following streets:
University Ave. W. Svc. Dr
Commerce Circle East
University Ave. W. Svc. Dr
69th Avenue
69th Avenue to 7100 block
7100 block to 73rd Avenue
73rd Avenue to 85th Avenue
Univ Ave W Serv Dr to TH 47
300' east and west of intersections on University Avenue West Service Drive / Commerce
Circle East
Comet Lane Trinity Drive to Jupiter Drive
Jupiter Drive Rainbow Drive to Sylvan Lane
Mercury Drive Satellite Lane to University Ave. W. Svc. Dr.
Rainbow Drive 61St Avenue to Univ. Ave. W. Service Dr.
Satellite Lane Starlite Boulevard to 780' east
Star Lane 61st Avenue to University Avenue W. Svc. Dr.
Starlite Circle Satellite Lane to north terminus
Starlite Boulevard 61st Avenue to Sylvan Lane
Sunrise Drive 61St Avenue to Univ. Ave. W. Service Dr.
Sylvan Lane Starlite Boulevard to Jupiter Drive
Trinity Drive 61 st Avenue to Starlite Blvd
University Ave. W. Service Drive Star Lane to Satellite Lane
And water distribution repairs, including main replacement, and ancillary work associated with
these improvements on the following streets:
University Ave. W. Svc. Dr. 73rd Avenue to Osborne Road
4. That the work be incorporated in the 2009 STREET REHABILITATION PROJECT NO.
ST2009-01.
5. That the work be performed under this project may be performed under one or more
contracts as may be deemed advisable upon receipt of bids.
6. That the Director of Public Works, James P. Kosluchar, is hereby designated as the
engineer for this improvement. He shall oversee the preparation of plans, specifications
and estimates of costs thereof for making of such improvements.
7. That final plans, specifications, and estimates are prepared by the Public Works
Engineering Division and provided to the City Council as they are completed.
8. That the Engineering Division call for bids in order that proj ect award and construction
can be considered.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26t'' DAY
OF JANUARY 2009.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
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CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 26, 2009
William W. Burns, City Manager
James Kosluchar, Public Works Director
Layne Otteson, Asst Public Works Director
January 26, 2009
PW09-009
Resolution authorizing the use of MSAS Funds for Project ST 2009-01
In order to be eligible to use our Municipal State Aid System funds on our neighborhood
streets, MN rules 8820.1800 requires the City Council request this use by resolution.
The attached resolution requests disbursement from the City's population portion of the
Municipal State Aid System construction funds for the local portion of the proposed Street
Rehabilitation Project No. ST2009-01.
Recommend the City Council adopt the attached resolution for submittal to the MNDOT
State Aid Office.
JPK:jk
Attachment
RESOLUTION NO. 2009 -
RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS
FOR OTHER LOCAL USE
WHEREAS the City of Fridley receives Municipal State Aid System (MSAS) funds for construction and
maintaining 20% of its City streets, and
WHEREAS 22.9 MSAS miles are currently authorized and have been improved to State Aid standards
and are in an adequate condition that they do not have needs other than additional surfacing, and
WHEREAS the City currently has 883 miles of local streets that require maintenance and upgrade, and
WHEREAS it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation
of our City's State Aid allocation on local streets not on the approved State Aid system, and
WHEREAS it is proposed to systematically resurface these streets and upgrade the storm sewer system
for improved surface water drainage and provide additional strength to the streets for traffic survivability,
and
WHEREAS it is proposed to use a portion of the City's population allocation funds to upgrade local
streets, and
WHEREAS the City of Fridley has identified the following MSAS and local (non-MSAS) streets for
inclusion in its 2009 Street Improvement Project No. ST. 2009-1, as listed in attached E�ibit A,
WHEREAS the majority ofthese streets require surface repair and drainage adjustments, and
WHEREAS the City indemnifies saves and holds harmless the State of Minnesota and its agents and
employees from claims, demands, actions or causes of action arising out of or by reason or matter related
to constructing the local streets as designed, and
WHEREAS the City further agrees to defend at its sole cost any claims arising as a result of constructing
the local streets, and
WHEREAS the final approval of the State Aid for Local Transportation Division is therefore required.
NOW THEREFORE BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, requests the
release of MSAS funds for the upgrade and reconstruction of City municipal streets, identified as 2009
Street Rehabilitation Project No. ST. 2009-1.
PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26t'' DAY
JANUARY, 2009.
ATTESTED
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
EXHIBIT A
STREET REHABILITATION PROJECT NO. ST. 2009-1
PROPOSED IMPROVEMENTS
Street improvements, including grading aggregate base, bituminous asphalt, concrete curb and gutter,
water and sewer upgrades, landscaping and other facilities located as follows:
University Avenue West Service Drive 69th Place to 7100 block
Commerce Circle East 7100 block to 73rd Avenue
University Avenue West Service Drive 73rd Avenue to 85th Avenue
69th Avenue Univ Ave W Serv Dr to TH 47
300' east and west of intersections on University Avenue West Service Drive / Commerce
Circle East 69th Place to 85th Avenue
Comet Lane Trinity Drive to Jupiter Drive
7upiter Drive Rainbow Drive to Sylvan Drive
Mercury Drive Satellite Lane to Univ. Ave. W. Service Dr.
Rainbow Drive 61 st Avenue to Univ. Ave. W. Service Dr.
Satellite Lane Starlite Boulevard to Mercury Drive
Star Lane 61 st Avenue to Univ. Ave. W. Service Dr.
Starlite Circle Satellite Lane to north terminus
Starlite Boulevard 61 st Avenue to Sylvan Lane
Sunrise Drive 61 st Avenue to Univ. Ave. W. Service Dr.
Sylvan Lane Starlite Boulevard to 7upiter Drive
Trinity Drive 61 st Avenue to Starlite Blvd
University Avenue West Service Drive Star Lane to Satellite Lane
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 26, 2009
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS