05-10-2021
CITY COUNCIL MEETING
May 10, 2021
7:00 PM
Fridley Civic Campus, 7071 University Avenue N.E.
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, program, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
d
any interpreter or other persons with disabilities who require auxiliary aids should contact Roberta
Collins at (763) 572-3500. (TTD/763-572-3534).
AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE
PROCLAMATIONS/PRESENTATIONS
1. National Police Week: May 9-15, 2021; Police Officers Memorial Day: May 15, 2021
2. Public Works Week: May 16-22, 2021
APPROVAL OF PROPOSED CONSENT AGENDA
APPROVAL OF MINUTES
3. Approve the Minutes from the City Council Meeting of April 26, 2021
NEW BUSINESS
4. Receive the Minutes from the Planning Commission Meeting of April 12, 2021
5. Resolution No. 2021-32, Approving License Agreement Between the City of Fridley and
6. Resolution No. 2021-36, Approving Special Use Permit, SP #21-03 Petitioned by Corval
Constructors, Inc. (Ward 3)
7. Resolution No. 2021-37, Approving Summary Publication of Ordinance No. 1388
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City Council Meeting 5/10/2021 Agenda Page 2
8. Resolution No. 2021-38, Approving and Authorizing the Signing of an Agreement with
Independent School District #14
9. Resolution No. 2021-39, Approving and Authorizing the Signing of an Agreement with Northeast
Metro 916 Intermediate School District
10. Resolution No. 2021-40, Confirming the Organizational Structure of the City of Fridley
CLAIMS
11. Approve Claim Nos. 192599 - 192737
ADOPTION OF REGULAR AGENDA
OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes.
REGULAR AGENDA ITEMS
PUBLIC HEARING(S)
12. Public Hearing for Ordinance No. 1386, Proposed Amendment to the Fridley City Charter
Chapter 12
INFORMAL STATUS REPORTS
ADJOURN
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_____________________________________________________________________________
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___________________________________________________________________________
NATIONAL POLICE WEEK: May 9 - 15, 2021
PEACE OFFICERS MEMORIAL DAY: May 15, 2021
WHEREAS, the quality of life in the United States is preserved and enhanced by the diligent efforts of
our law enforcement personnel; and
WHEREAS, 800,000 men and women in the United States, including more than 10,000 Minnesota peace
officers, and 44 Fridley police officers serve their fellow citizens as law enforcement officers; and
WHEREAS, the first recorded police officer death was in 1786; and
WHEREAS, nationally an average of 176 officers are killed and 13,659 injured in the United States each
year; and
WHEREAS, on average nationally, over 56,000 officers are assaulted resulting in over 17,000 injuries;
and
WHEREAS, Minnesota has lost 258 law enforcement officers in the line of duty since 1874 and the
national toll exceeds 22,000 fallen officers; and
WHEREAS, on May 15, 2021, Fridley police officers will join all U.S. peace officers and the families of
their fallen comrades to honor those officers and all others who have made the ultimate sacrifice:
NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby
proclaim May 9 through 15, 2021, as National Police Week, and Saturday, May 15, 2021, as Peace
Officers Memorial Day in the City of Fridley in honor of Federal, State and local officers killed or
disabled in the line of duty; and
BE IT FURTHER RESOLVED, that I hereby call upon the citizens of Fridley to keep our law
enforcement officers in their thoughts during this time and to observe Peace Officers Memorial Day with
solemn respect.
IN WITNESS WHEREOF, I have set my hand
and caused the seal of the City of Fridley to be
th
affixed this 10 day of May, 2021.
____________________________________
Scott J. Lund, Mayor
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PUBLIC WORKS WEEK
May 16-22, 2021
PUBLIC WORKS WEEK
IN WITNESS WHEREOF, I have set my hand and
th
caused the seal of the City of Fridley to be affixed this 10
day of May, 2021.
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
Scott J. Lund, Mayor
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AGENDA REPORT
Meeting Date: May 5, 2021 Meeting Type: City Council
Submitted By: Roberta Collins, Assistant to the City Manager
Title
Approve the Minutes from the City Council Meeting of April 26, 2021
Background
Attached are the minutes from the City Council meeting of April 26, 2021.
Financial Impact
None.
Recommendation
Approve the minutes from the City Council meeting of April 26, 2021.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods & Places Community Identity & Relationship Building
Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship
x Organizational Excellence
Attachments and Other Resources
!City Council Minutes April 26, 2021
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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CITY COUNCIL MEETING
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April 26, 2021
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7:00 PM
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Fridley Civic Campus, 7071 University Avenue N.E.
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!!
MINUTES
CALL TO ORDER
PRESENT:
Scott Lund
Ann Bolkcom
Stephen Eggert
Dave Ostwald
Tom Tillberry
OTHERS PRESENT:
Wally Wysopal, City Manager
Deb Dahl, Community Services and Employee Resources Director
Scott Hickok, Community Development Director
Ryan George, Deputy Director of Public Safety
Andrew Biggerstaff, City Attorney
Rod Trocke, 280 Rice Creek Terrace
Bruce Brotten, 270 Rice Creek Terrace
Bee Thao, Fridley resident
James Tracy, 250 Rice Cree Terrace
Marney Tracy, 250 Rice Creek Terrace
Tom Robb, Happy Tails Rescue Foundation
Laura Westphall, Happy Tails Rescue Foundation
PLEDGE OF ALLEGIANCE
PROCLAMATIONS/PRESENTATIONS
1. Proclamation for Malcolm Mitchell
2. Proclamation for Annette Mitchell
3. Arbor Month Proclamation
APPROVAL OF PROPOSED CONSENT AGENDA
Councilmember Tillberry asked that Item Nos. 7 and 8 be removed and placed on the Regular Consent
Agenda.
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City Council Meeting 4/26/2021 Minutes Page 2
Motion made by Councilmember Bolkcomto adopt the proposed Consent Agenda with the removal of
Item Nos. 7 and 8. Seconded by Councilmember Tillberry.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
APPROVAL OF MINUTES
4. Approve the Minutes from the Special City Council Meeting of April 16, 2021.
OLD BUSINESS
5. Ordinance No. 1388, Amending Fridley City Code Chapter 101, Animal Control, Second Reading.
6. Ordinance No. 1389, Amending Fridley City Code Chapter 11, Fees, Second Reading.
7. Ordinance No. 1390, Amending Fridley City Code Chapter 205.17, Uses Allowed with a Special Permit,
Petitioned by Happy Tails Rescue Foundation (Ward 2), Second Reading.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA.
NEW BUSINESS
8. Resolution No. 2021-26, Approving Special Use Permit, SP #21-02 petitioned by Happy Tails Rescue
Foundation (Ward 2).
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA.
9. Resolution No. 2021-35, Approving Gifts, Donations and Sponsorships received between March 13,
2021 and April 19, 2021.
LICENSES
10. Resolution No. 2021-33, Approving 2021-2022 Business License Renewals
CLAIMS
11. Approve Claim Nos. 192476 192598
ADOPTION OF REGULAR AGENDA
Motion made by Councilmember Bolkcom, Seconded by Councilmember Ostwald, to adopt the Regular
Agenda with the addition of Item Nos. 7 and 8.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
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City Council Meeting 4/26/2021 Minutes Page 3
OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes.
Rod Trocke, 280 Rice Creek Terrace, stated last week they received some mail and basically, the City wants
to convert the Service Drive to one-way for motor traffic with the other half being used by bicycles. They
had a pretty good turnout at the meeting, and it does not appear anybody in the neighborhood is really
for this. He for one does not quite understand it because the Service Drive ends at the road that goes
creek, and then there is no place to go.
Mayor Lund stated a bridge would most likely be built to continue the trail.
Mr. Trocke asked why they had to have it when there is a nice bike path and bridge on the other side of
University Avenue. After he had his heart attack, he used it every day, and it worked great.
Mr. Trocke said he also did not think anybody addressed what are you going to do with the postal
service. You are going to have to move mailboxes. The other issue is the snowplows. Granted with all
of his complaining about the snowplowing in the City of Fridley, they do have talented drivers, but they
are not that talented to make U-turns there.
Mr. Trocke stated he has no idea if this thing is on the agenda to keep it in the process and asked what
they needed to do to get it cancelled.
Mayor Lund replied they are in the discussion stage. He said staff has not had the time to take all the
input and determine alternatives. They will be looking at those alternatives in the near future. A date has
not been set. Comments are being taken. He said he heard two additional commentsthe one about
postal service and snowplowing. What transpires here tonight and what happened at
meeting will be put together and hopefully they can come up with something that works for everyone.
As he told the audience on Tuesday night, safety is of paramount importance. Image is important to him
and he assumes it is for most people in Fridley. They need to keep up their house and therefore, they
keep up their neighborhood. Collectively they all try to improve the image of their community.
Mayor Lund stated this came as a result of many people coming to meetings on three different nights
about two years ago. A lot of comments were made about the changes they would like to see along
University and Highway 65the prevalent one being University Avenue. He said they were starting to see
some of the results of those conversations. Last summer they saw the beginnings of image and
improvements trying to beautify the corridor. It is not the final result, and this is only a continuation of
some of the things they were looking at doing. They are trying to give people ample notification of this,
get your involvement so they can make these comments, but he is also asking for people to keep an open
mind. Mr. Trocke is right, at the meeting about 98 percent of the people said they wanted a fence. No
decisions have been made and will not be made tonight.
Mr. Trocke stated with respect to fences, Mayor Lund knows the difficulty they have in that area
communicating because of the noise. He said he always wondered why they put the noise barrier down
in the south part of University, and not on their side.
Councilmember Bolkcom replied, as was discussed at that meeting that night there is not enough room
there to put up a road barrier fence like that. It is pretty close to the highway.
Mr. Trocke replied, there was a fence there for years.
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Councilmember Bolkcom replied, there was a fence but not a road one like Mr. Trocke is talking about.
Mr. Trocke stated the difference is probably a foot in thickness between.
Councilmember Bolkcom stated there were three additional meetings so there were many meetings
where a lot of people who attended here over two years ago discussed Highway 65 and 47 and concerns
about safety, traffic, and noise. Not everyone has a car and not everyone feels safe going across. As a
matter of fact, if you are on Mississippi, you have to run to get across the traffic light. You are barely
through there with a car.
Councilmember Bolkcom stated there were three additional meetings at City Hall. In the neighborhood
Mr. Trocke lived in, there were also three different meetings about this whole area, from there all the way
down to 57th Avenue. Unfortunately, not everyone was able to attend those meetings.
Mr. Trocke asked if there were minutes from those meetings.
Councilmember Bolkcom stated there were presentations. Mr. Hickok would be able to get them for
him.
Mr. Trocke stated it would be fun to review them and see who really wanted a bike path in that little strip.
Councilmember Bolkcom stated they have a lot of minutes from the Highway 47 discussion.
Mr. Trocke asked where he would get them.
Mayor Lund asked Mr. Trocke to sign in on the sign-up sheet so staff could respond to him.
Councilmember Bolkcom stated they did talk about having another meeting about the noise.
Mr. Trocke asked if the road that went down the Service Drive into Holly Center was still going to be
there.
Mayor Lund said as he recalled, it was only going to be into the new apartment buildings. He is not sure
if that remains.
Scott Hickok, Community Development Director, replied the slip coming into what was the Holly Center
and what is now the new apartment complex will provide access probably primarily for fire. Some
residents may choose to take that as an access, but the road between the neighborhood and there will
be discontinued. There will be a pathway that will connect.
Bruce Brotten, 270 Rice Creek Terrace, said he thought Mr. Trocke was talking about the little strip that
goes right in front of that. The little one-way in between 67th and then it goes into the Holly Shopping
Center.
Mayor Lund stated to Mr. Brotten he is talking about his neighborhood going into what used to be the
Holly Center. That would go away. However, the little road coming off of University and going into the
apartment complex would remain.
Mr. Brotten said the guy who lives in the corner house cannot get into his garage from that little road.
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Mayor Lund stated City staff on Tuesday night indicated they wanted to take a look at that.
Mr. Brotten said he is also concerned about the fence for safety. They like beautification but safety should
come first. Also, he talked to the garbage hauler. He said there was a concern that if they made it just a
one-way, they would have to go down the block and then kind of back in and back out and then come
down the other side of the block. He said they would not have the room to do that. He would have to
back all the way down the block with his garbage truck.
Mayor Lund said they received an email earlier today.
Mr. Trocke said after living in this area for quite a while and having been on the Fire Department for 20
years, he has yet to see anybody who wanted to cross University Avenue who did not have to run.
Bee Thao, Fridley resident, stated he wanted to reiterate his concerns about safety which is paramount
for the children and neighbors. He said he was for putting a barrier up. He understands with the plans
in place there has to be give and take. Above all that is safety. Also, too, if they are going to make it a
one-way road and there will be no parking, he is concerned about visitors and how that will affect them.
James Tracy, 250 Rice Cree Terrace, stated they have been in the neighborhood for about 35 years or
so. The primary issue he would like considered is the roadway services for not only people directly
adjacent to where the construction is but also the remaining people within that plat. The design factor
for the current Rice Creek Place South Addition does not appear to have consideration for changing the
directional flow of the traffic. His primary concern is the services that are going to be rendered for the
residents. Fire, life safety, ambulance service, the ability to maintain the streets not only from the Public
Works standpoint which would be the plowing and from the opportunities that have been arising from
water main breaks but also for the ability for navigating that particular segment of the City. That is a
concern that needs to be addressed or at least taken into consideration as the planning process moves
forward. He said he believed the road is managed by the state or the county.
Mayor Lund replied, it is maintained by the State.
Mr. Tracy stated he is uncertain as to where the priorities sit regarding being able to maintain a fence for
wildlife protection which was done with a new black barrier fence. There seems to be a limited ability to
address the potential safety for the individuals and their pets. They had an earlier discussion in
relationship to what other options there are, and he knows Mr. Brotten is working on evaluating that
along with the rest of the City people for alternative potentials for that pathway.
Marney Tracy, 250 Rice Creek Terrace, stated her question the other night to them was it is Rice Creek
Plaza South Addition, and it is a whole platted area. She said she would like a legal opinion from the
legal department about the taking of that road and turning it into what she believed was 12 feet. Lack
of ability to even back up a car with a trailer on it is important to consider, and it does not fit the
neighborhood because it does not function properly without a two-way road on that outside
perimeter. That is very important to the complete function of the plat. She wants that considered. She
hopes they can find an alternative because she does like walking on paths and they are an important part
of the City, but it has to work for everybody. Denying access for people who have been there is not
good. This is something they can figure.
Mayor Lund stated they would look into that.
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Councilmember Bolkcom stated the discussion at that meeting and again tonight is it would be a while
yet. There are a lot of other people who have provided input who live in the neighborhood. This is not
just a plan with the City, it is a plan with the State. The City has an agreement with the State on some of
these improvements that have already taken place and continue to take place. That will all factor into a
plan. They will invite them to another meeting.
REGULAR AGENDA ITEMS
PUBLIC HEARING(S)
12. Public Hearing to Consider On-Sale Liquor License by Jeremy Stiner for The Original Malt Shop
Express and Resolution No. 2021-34, Approving On-Sale Liquor License for The Original Malt Shop
Express
Motion made by Councilmember Bolkcom to open the public hearing. Seconded by Tillberry.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY, AND THE PUBLIC HEARING WAS OPENED AT 7:33 P.M.
Ryan George, Deputy Director of Public Safety, stated Jeremy Stiner has applied for an on-sale liquor
license for the Original Malt Shop Express at 8300 University Avenue NE. There has not been a liquor
establishment at this location before, since the building is new. This is on the south end of where Dunkin
Donuts is. Another establishment, Broadway Pizza, was located immediately adjacent to there, just south
of that location, but it closed in May 2019. The Original Malt Shop currently operates a restaurant at 1125
Larpenteur Avenue West in Roseville which will remain open, and the applicant has previously operated
that Roseville location.
Deputy Director George stated they conducted a background investigation for the applicant and found
no outstanding issues or reasons to deny the license. The applicant did apply for this on-sale liquor
license on April 6, 2021. A food license was issued separately administratively on April 6, 2021; and the
restaurant opened for food sales on April 20. The applicant is seeking the liquor license for the 2021-
2022 license year which will start on May 1, 2021, and end on April 30, 2022.
Deputy Director George stated Fridley City Code Section 603.07.1 requires the City Council to conduct a
public hearing to consider the approval of an on-sale liquor license. Also, a notice of public hearing
regarding that license application shall be published in the official newspaper at least ten days in advance
of the public hearing. The Notice of Public Hearing was published in the Star Tribune on April 16, 2021.
Deputy Director George stated recommendation at this time is to hold the public hearing regarding the
on-sale liquor license application for Jeremy Stiner, applicant, to operate the Original Malt Shop Express
at 8300 University Avenue NE and, second, approve Resolution No. 2021-34 approving the on-sale liquor
license for the Original Malt Shop Express.
Councilmember Bolkcom stated she did not see the applicant in the room and asked if there was a reason
he was not present.
Deputy Director George replied, he did not know his reason.
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City Council Meeting 4/26/2021 Minutes Page 7
Councilmember Bolkcom asked if the applicant was aware of the food-to-liquor ratio.
Deputy Director George replied, yes.
Mayor Lund asked if the applicant talked about the size of the building and the physical limitations?
Councilmember Bolkcom said she has been there. She thinks a lot of their stuff will be take-out. There
are about four or five spots to sit.
Deputy Director George stated he did actually go there for lunch last week. They do have a full menu,
and he knows their menu will include beer and things like that. It is about 800 square feet inside. It does
have ample sitting for people to eat and have a few beers.
Mayor Lund asked if they were talking about beer, wine, and alcohol.
Deputy Director George replied this liquor license will allow them to have everything.
Mayor Lund stated he did not really have any issues with it especially as the Police Department has done
their review and found no issues to deny.
Councilmember Eggert asked Deputy Director George if the applicant has a liquor license at the Roseville
location.
Deputy Director George replied, they have had other licenses at the Roseville location in the past. They
did operate under a different nameuntil about two years ago. Right now, their menu does not
include bottle beer or anything like that, but this is something that their current menu at the express
location in Fridley would have.
Councilmember Eggert asked if they would be liquor license.
Deputy Director George replied, this would be his first in Fridley, but he has worked in the restaurant
business before. There is a partner who is also part owner of this business, and they have operated
restaurants in the past.
Councilmember Ostwald asked Deputy Director George if he knew the what the operating hours were
and when they would stop serving liquor?
Deputy Director George replied, the liquor license would allow them to stay open until 1 a.m. assuming
they do not see a 2 a.m. endorsement. He knows they are operating regular hours like a typical restaurant
would operate so probably closing about 9 to 10 as they kind of get up and running. They just opened
and he knows they typically close around 9 p.m.
Councilmember Ostwald stated they do not expect them to go to 2 a.m.
Deputy Director George replied, there was no interest in seeking a 2 a.m. endorsement.
Councilmember Bolkcom stated that would have to be separate anyways.
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City Council Meeting 4/26/2021 Minutes Page 8
Deputy Director George replied, yes, it would have to be separate. They also did not elect to have a
holiday endorsement so they would not be open Christmas Eve and Christmas. They do have a Sunday
endorsement, but no entertainment endorsement either.
Councilmember Bolkcom stated she wants to know Mr. Stiner knows the rules and a letter gets sent to
him. In all her time on the Council, she has never seen someone not at the meeting for their liquor license.
She said she knows he was notified. She is sure he will operate a very good business, but it is a new
business; and there is a little bit of concern with someone coming in new.
Councilmember Eggert stated he feels strongly about that, too. This is a public hearing, and they can
leave it at that and move it to the next meeting.
Deputy Director George replied he did make the applicant aware the public hearing was tonight and did
go over some things in advance. He is not sure of the reason the applicant is not at the meeting, but if
there are any concerns, he can certainly relay those to him.
Councilmember Bolkcom stated they could continue the public hearing until the next meeting.
prerogative. He said he did not hear any concerns because
the applicant has had some past history.
Councilmember Bolkcom stated normally they have an opportunity to ask the applicant questions.
Mayor Lund stated he suspects the Police Department has advised him of the ordinances. The biggest
one that usually comes into play is the 60/40 rule. He asked if there are any issues if Council would like
to continue the public hearing.
Andrew Biggerstaff, City Attorney, stated if Council wants to continue the public hearing, they can
certainly do that by motion and they can continue the questioning at the next meeting.
Councilmember Bolkcom stated her whole point is they are setting a precedent by not having the
petitioner at the meeting. It is . He is very detailed-oriented, and she
knows he has done all the necessary work on this.
Councilmember Eggert asked Attorney Biggerstaff if the applicant usually shows up.
Attorney Biggerstaff replied, yes, he would say by and large the applicants are usually there. It would not
be the first time he would see a liquor license be issued or renewed without the applicant present, but he
would say in his experience it is more common than not for applicants for licenses to be available to
answer questions.
Councilmember Ostwald asked if it was a requirement that the applicant had to be present.
Deputy Director George replied there is nothing in the City of Fridley liquor license code that requires the
applicant to be present at the public hearing.
Councilmember Bolkcom stated she never thought there was but in all her time she has been here there
has never not been an applicant in front of them to talk about it.
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Councilmember Eggert stated to Deputy Director George he is representing the applicant,but he is not
the applicant.
Deputy Director George replied, correct, he is not the applicant. He is simply acting as the licensing
coordinator for the liquor licenses for the City of Fridley.
Motion by Bolkcom to continue the public hearing to May 10 and to send a letter and contact the
applicant by phone. Seconded by Councilmember Eggert.
Mayor Lund asked if they really need to meet with the applicant, especially if the applicant wanted to
start on May 1 when the licenses typically start. He said he would vote to close the public hearing.
Seconded by Councilmember Eggert.
UPON A VOICE VOTE COUNCILMEMBER BOLKCOM AND COUNCILMEMBER VOTING AYE AND MAYOR
LUND, COUNCILMEMBER OSTWALD AND COUNCILMEMBER TILLBERY VOTING NAY, THE MAYOR
DECLARED THE MOTION FAILED.
Motion made by Councilmember Ostwald to close the public hearing. Seconded by Councilmember
Tillberry.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER OSTWALD AND COUNCILMEMBER TILLBERRY
VOTING AYE AND COUNCILMEMBER BOLKCOM AND COUNCILMEMBER EGGERT VOTING NAY, THE
MAYOR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:34 P.M.
Motion by Councilmember Bolkcom to adopt Resolution No. 2021-34, approving an On-Sale Liquor
License for The Original Malt Shop Express. Seconded by Councilmember Tillberry.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
7. Ordinance No. 1390, Amending Fridley City Code Chapter 205.17, Uses Allowed with a Special Permit,
Petitioned by Happy Tails Rescue Foundation (Ward 2), Second Reading.
Mayor Lund stated Council asked that the items be removed as somebody made a negative comment on
social media about Happy Tails Rescue. He wanted to give the applicant an opportunity to address those
comments.
Laura Westphall, the Director of Happy Tails Rescue Foundation, stated the online bullying is never fun
with the half-stories and the angry mob who speak louder than the happy people. She said they had
3,500 adoptions last year; and 300 reviews over 15 years. It is not a big percentage. They like to think
most cases go great. Unfortunately, they are animals, so they are not perfect. They can get sick. They
can bark. They
Mayor Lund stated it kind of goes with the territory of taking on rescue animals.
Ms. Westphall stated it does, and the post on the front of the Friendly Fridley Pages was made at the
beginning of April. It did stir up a lot of basement warriors where none came tonight to talk about it or
have come to their facility to talk about it. They did add a whole new page to their contract to try and be
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as perfectly clear as they could that these are rescue animals. They do everything in their power to ensure
they are healthy and they get their temperament tested. They want it to work out. Dealing with angry
people on Facebook is not fun. It just is not always easy, because they are animals.
Tom Robb, Happy Tails Rescue Foundation, stated he did not have a lot to add to that other than what
Ms. Westphall said. Unfortunately, they have had a lot of very positive reviews as well, 3.6 maybe is not
stellar. The City of Fridley is 3.9 so you get people who are angry and they take it out on social media.
Happy Tails has been operating for a long time, and has saved a lot of animals over that period of time.
He said there were a lot of 5-star reviews. Unfortunately, a lot of times people do not work with them to
resolve any issues.
Councilmember Bolkcom asked if they had a new veterinarian on staff who may help to resolve some of
the issues.
Ms. Westphall replied, yes, last August/September they brought a vet on who comes 1 to 2 days a week.
Next month she will be starting full-time. They have a very small veterinary space right now and this new
building will allow them bigger space to get the x-ray equipment and the in-house testing they do not
have right now. That will also help with continuing to see animals once they leave.
Councilmember Bolkcom stated plus if the animal goes home with them, because they have a vet on staff
every day of the week, they can always bring them back. There is probably a little more flexibility with
some of those appointments.
Mr. Robb replied, more opportunity for that, absolutely.
Ms. Westphall stated when COVID hit, the vet clinics almost completely closed down for a while except
for emergencies. When they reopened there was a six to
and that was not okay with them. The Board of Health helped them find a vet to hire.
Councilmember Bolkcom stated she believed there is a difference between ratings you would see on
social media because this is actually a special use permit. She asked Mr. Hickok to explain a special use
permit and what you can and cannot deny a special use permit on.
Mr. Hickok replied there are those things that are allowed by right and those things that are allowed by
special use permit. A special use permit typically has stipulations that are put in place to mitigate any
anticipated issues there might be. For example, from a land use perspective, you might be concerned
about dogs barking or you might be concerned with a kennel being too close to a property line. Typically,
on a special use permit, the City does not get into the operation of their business, such as whether a dog
has been wormed. There are items that would fall into the category of stipulations for a special use
permit. They did not have the language precisely for an operation like this.
Mayor Lund stated this does not happen all the time. He personally is very happy to see the work Happy
Tails does because without those services, how many more animals would be treated inhumanely than
already are. The fact that one facility found homes for 3,500 animals last year is amazing.
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City Council Meeting 4/26/2021 Minutes Page 11
Councilmember Tillberry stated they are doing their due diligence to test and see what is happening with
this and that
definition, it is very clear to him, and he does not have any difficulty with this.
Ms. Westphall stated she is happy to answer any questions.
Mr. Robb stated they appreciate the opportunity to come back and address Council. Unfortunately, it is
something a business has to deal with.
Mayor Lund stated he is confident they are going to continue to be good neighbors in their community.
Mr. Robb replied, yes, absolutely.
Motion made by Councilmember Ostwald. Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
8. Resolution No. 2021-26, Approving Special Use Permit, SP #21-02 petitioned by Happy Tails Rescue
Foundation (Ward 2)
Motion made by Councilmember Ostwald. Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
INFORMAL STATUS REPORTS None.
ADJOURN
Motion made by Councilmember Ostwald. Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:16 P.M.
Respectfully Submitted,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
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AGENDA REPORT
Meeting Date: May 10, 2021 Meeting Type: City Council
Submitted By: Julie Beberg, Office Coordinator
Title
Receive the Minutes from the Planning Commission Meeting of April 12, 2021
Background
Attached are the meeting minutes from the April 12, 2021 Planning Commission Meeting.
Financial Impact
None.
Recommendation
Staff recommend the City Council receive the April 12, 2021 Planning Commission Meeting.
Focus on Fridley Strategic Alignment
X Vibrant Neighborhoods & Places Community Identity & Relationship Building
Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship
X Organizational Excellence
Attachments and Other Resources
!April 12, 2021 Planning Commission Minutes
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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FRIDLEY PLANNING COMMISSION
WEDNESDAY APRIL 21, 2021
7:00 P.M.
VIA ZOOM
MINUTES
CALL TO ORDER
Chairperson Hansen called the Planning Commission Meeting to order at 7:00 p.m.
ROLL CALL
PRESENT: Amy Dritz, Mike Heintz, Ryan Evanson, Mark Hansen, Terry McClellan, John
Buyse II, and Ross Meisner.
OTHERS PRESENT: Stacy Stromberg, Planning Manager
Melissa Moore, Deputy City Clerk
Jordan Marshall, Corvall Constructors, Inc.
Van Miller, D&B Plating
APPROVE MINUTES
March 21, 2021
Motion by Commissioner Meisner to approve the minutes. Seconded by Commissioner
McClellan.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HANSEN DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS:
1. Consideration of a Special Use Permit, SP #21-03, by Corval
Constructors, Inc., to increase the allowable lot coverage requirement
from 40% to 50% to allow the construction of an addition to the
building at 7989 Main Street NE.
Motion by Commissioner Heintz to open the public hearing. Seconded by Vice
Chairperson Evanson.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HANSEN DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT
7:02 P.M.
Stacy Stromberg, Planning Manager, stated the petitioner is representing V&T Properties,
LLC, the property owner of 7989 Main Street. They are requesting a special use permit to
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increase the allowable lot coverage from 40% to 49%. The increase in lot coverage will
allow for the construction of a building addition.
Ms. Stromberg stated the property is zoned M-2, Heavy Industrial. It was developed in
1984 with the construction of the original building. In 1997 there was an addition. In 2000
the detached building that is on the site was constructed.
Ms. Stromberg stated when the property and the surrounding properties were developed
th
campus. They would share access off of 79 Avenue and in some cases, parking. Looking
at the aerial map, they will see all the properties at 7980, 7940, and 7922 Ranchers Road
th
and how they all share an alley-type access to 79 Avenue. Over the years that has created
some issues because with multiple property owners involved, there are issues with
maintenance and who is responsible for maintaining, the paving, and the patching of
potholes, etc. ideal situation but that is how it was originally set up when
these properties were developed.
Ms. Stromberg stated City Code allows industrial properties to increase their lot coverage
from 40% to 50% with a special use permit provided they can meet other Code
requirements. By increasing the lot coverage to 49%, the petitioner will be able to
construct an addition that will attach the two buildings that exist on site.
Ms. Stromberg referred to the site plan submitted by the petitioner. The brown areas
show the existing structures, and then the yellow area signifies the area of the proposed
addition. According to the petitioner, D&B Plating who occupies the site has outgrown
the existing building and needs additional space to continue to grow their business and
serve their clients. They would prefer to grow their business in Fridley instead of moving
to a new location.
Ms. Stromberg stated the existing buildng is 61,500 square feet in size which is 38.3% lot
coverage; and the proposed addition is 17,600 square feet. That is a total building area of
79,117 square feet. Just so the Commissioners are aware, when the City looks at lot
coverage, they only consider roof structures. They are not taking into consideration
existing parking areas when they are figuring lot area.
Ms. Stromberg stated the addition will increase them to 49%. When the petitioner
submitted the request, staff asked that they do a breakdown of the uses that exist within
the building so they can determine how many parking stalls are required on site. The City
Code has different parking code standards based on the types of use that are going on
within the building.
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Ms. Stromberg stated if they do a breakdown of the existing uses within the existing
building and then the proposed addition, 119 parking stalls are required. Currently there
are 86 parking stalls on site, and they will need to remove 21 of them for the building
addition, which leaves them at 65 parking stalls. This is 54 stalls short of what the Code
requires.
Ms. Stromberg stated the petitioner has articulated to staff that the maximum number of
parking stalls their business needs during peak times with the employees and visitors, is
manufacturing
space which staff has found to be excessive based on how manufacturing space is used
today.
employees with assembly lines; and today things are a lot different. From business
retention visits that staff has been on and in talking with other industry owners, they realize
that a lot of the maufacturing space is now taken up with machinery and equipment.
Therefore, employees are not the dominant users in those spaces.
Ms. Stromberg stated staff has not noticed there has been a parking problem here on
this site, but they will stipulate at which time parking does become an issue it will need to
be addressed. If they see more parking on the street, they will obviously have to have a
conversation with the petitioner and potentially reevaluate how their space is used inside.
Ms. Stromberg stated also the City is working on a recodification process of the whole
g standards. In
the future they hope to change that 1 per 400 square foot space for manufacturing in the
Code.
Ms. Stromberg stated staff recommends approval of this special use permit as the Code
does allow one-story buildings from 40% to 50% to be a special use in the industrial zoning
district. Staff recommends that if the special use permit is approved, the following
stipulations be attached:
1.!The petitioner shall meet all requirements set forth by:
a.!The Building Code
b.!The Fire Code
c.!eering department including but not limited to grading,
drainage, utility plans, storm pond maintenance agreement, and utility
connection fees
d.! including but not limited to landscaping,
lighting, and signage plans
e.!The Coon Creek Watershed District
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2.!If a parking shortage occurs on the site, the petitioner shall develop an agreeable
plan approved by City staff to re-work the interior space of the existing building
or find other parking options.
3.!The petitioner is strongly enco
Design Assistance program in order to identify energy and cost-saving strategies.
4.!Prior to issuance of the building permit for this addition, the petitioner shall show
proof of a pavement encroachment agreement, filed with Anoka County Property
st
Records, between the current owners of the property at 140 81 Avenue N.E. and
the property owner of the subject property of this special use permit request.
Ms. Stromberg stated they can see on the aerial of the subject property that some of the
there has been an agreement between the two property owners and they are both okay
with this situation, but staff wants to see something filed with Anoka County so they have
all of the bases covered in order to approve this special use permit.
Commissioner McClellan stated he assumes there has been other special use permits on
lot coverage percentages so this is not the first time the City has allowed or agreed to the
special use because of lot usage.
Ms. Stromberg
did a warehouse expansion, and they requested a special use permit to go over the lot
coverage requirement as well.
Commissioner Meisner stated the parking code requires a lot more spots than this will
enable. Does this then not require a variance as part of this?
Ms. Stromberg replied, technically, but because we are recognizing it through this special
use permit process many
other industries in the past. Also, since the City is going to be changing the Code, they
did not feel it would be necessary for a separate process.
Commissioner Meisner stated so there is an implied approval to the variance of the
current Code.
Ms. Stromberg replied in approving this special use permit, yes.
Commissioner Evanson asked Ms. Stromberg if she had an idea of what the Code might
be switched to. The only reason he is thinking of it is this may work very well for the
current owner and operator of the building. Say down the road they vacate/sell the
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property, and the new property user has slightly different needs, you would hate to create
an issue with the sale or purchase if the new user could not comply with the Code.
Ms. Stromberg replied, they have not completed their research yet to determine what the
new parking standard would be. She would note that many of the
be in trouble if they sold to a party that needed way more parking than they have on site.
That is why they have that stipulation in place for if there is a problem, staff can address it
with them and then maybe they need to find a parking lot off site somewhere to bus their
employees back and forth if they do not have enough room on site.
Chairperson Hansen asked Ms. Stromberg if she knew whether any of these businesses
have arrangements for parking on neighboring properties. Would it seem reasonable and
likely they would just work out agreements amongst themselves as far as maintenance of
the pavement they are already collaborating on to park and share parking spots if it is
needed?
Ms. Stromberg replied, she believed there is one. The property owner could probably
speak to that more generally. In regards to the access easement that gives everybody
th
access down to 79 Avenue, there is a cross parking agreement as well. That would be a
private agreement between the two property owners so maybe the owner can address
that.
Commissioner Buyse asked whether the type of business that is happening at this
property is unique in the sense that it requires so little parking compared to what they
would assume would be quite a bit more parking? Or is this pretty consistent for any
future tenant that would occupy this space if it were ever sold?
Ms. Stromberg replied, she would say the City has approved several special use permits
over the last 10-15 years for industries who have needed outdoor storage or to increase
their lot coverage, and
parking. There are a lot of industr
reason staff wants to do a study to redo that section of Code.
Commissioner Meisner stated as to the stipulation regarding having to go back and
reconsider the interior space and other parking options. Commissioner Evanson was
asking about the implications of that 10-20 years from now, if a new owner or tenant
comes in and says, I need parking, they are basically committing the owners to restructure
the building or do something to meet the Code at that time if the same Code is in place.
Ms. Stromberg replied, correct.
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Commissioner Dritz asked whether there is an opportunity for the current or future
tenants to have incentives for their employees to carpool, ride the bus, etc. where they
could actually get around needing those extra parking spots even if their employee
numbers exceed the number of parking stalls.
Ms. Stromberg replied the property owner or the tenant could definitely do that. If the
property sells to somebody else, they are going to realize the parking situation. If it does
not meet the needs of the new business, she is not sure that business would locate here
because the parking will be what the parking is or otherwise they will need to find another
solution. Whether that be offsite parking, bussing employees in, or requiring their
employees to take public transit. The industry is going to have to think about when and
if they sell their property to someone else.
Commissioner Evanson stated that makes sense. If it is not this issue it will be something
else for a future tenant. Every property is going to have their pros and cons and might
not be right for everyone. It works well he presumes for the type of industry that they see
presently in Fridley.
Commissioner Buyse stated it kind of reminds him of the apartment complex, the 8-unit,
with the parking issue ultimately that is the issue. They cannot really fix it. They need to
move along and a future owner would have to deal with that.
Commissioner Evanson stated they are trying to keep a business that is loyal to Fridley,
and their concern should be accommodating who is there now and not getting too far off
on some rabbit trail as to what might happen somewhere else perhaps who knows when.
Commissioner Heintz asked Ms. Stromberg if she has talked to the petitioner about the
fourth stipulation and if he is okay with that?
Ms. Stromberg replied they did have a conversation earlier in the week because she asked
them to provide her a filed copy with the County, and it sounds like nothing was ever filed.
She did let him know they would be adding that stipulation so he is aware of it.
Jordan Marshall, Corvall Constructors, Inc., stated as to the parking. If they look at the
site plan there is some paved area right now they are not identifying for additional parking
because it does lead to that stand alone building on site that has two dock doors that they
currently get their deliveries. In the future case, if they were to sell the building or even
change the building needs for themselves to need more parking, there is open space there.
They would just be losing out on one option to receive deliveries at that building, but there
is future capability on that site right there as well which could be useful if needed. They
can see the grayed out parking spaces that they will paint in as part of this project. Just
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to the south of those, some of that area could become temporary or permanent parking
later if needed. They have talked with the owner on that as well as if in the future to fill
any need. That is an option.
Commissioner Buyse asked if there is a third entrance to the north side of what looks like
a shipping and receiving area. Is there an entrance to that off of Main Street NE?
Van Miller, D&B Plating, replied, yes, there is.
Chairperson Hansen asked if there were any concerns the petitioner has with the
stipulations that have been addressed tonight?
Mr. Marshall replied, he would say, no, and turned it over to Mr. Miller with any other
comments.
Mr. Miller stated, no, none whatsoever.
Commissioner Meisner asked in that south part where Mr. Marshall talked about the
possibility of additional parking, is there some drainage or water control there?
Mr. Marshall replied, yes, further to the south. Just south of the paved area is a drainage
pond in that area.
Chairperson Hansen stated it is likely they would have to redo the drainage in that part
of the site but they have options.
Commissioner Meisner stated if more parking was needed but not for the current plan,
is that correct?
Mr. Marshall replied, correct.
Chairperson Hansen replied, this will go to City Council on May 10.
Motion by Commissioner Meisner to close the public hearing. Seconded by
Commissioner McClellan.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HANSEN DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:27
P.M.
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Chairperson Hansen stated it is a good proposal. He is happy to see the business thrive
Things have changed since the initial Code was put together in terms of parking on alot
of sites, not just manufacturing.
Commissioner Heintz stated he is kind of in agreement with Chairperson Hansen. It is a
lot harder to get a new tenant than it is to keep a current tenant where they are. They are
sacrificing some parking spots maybe but, again, down the road they are going to change
that Code anyways. Being a little proactive and accommodating will not hurt the City at
all.
Commissioner Evanson stated he is supportive of this and happy to see businesses in
Fridley stay in Fridley.
Commissioner McClellan stated it is a good idea for all the same reasons.
Commissioner Buyse stated, yes. Well said by everyone and agreed.
MOTION by Commissioner Meisner approving Special Use Permit, SP #21-03, by Corval
Constructors, Inc., to increase the allowable lot coverage requirement from 40% to 50% to
allow the construction of an addition to the building at 7989 Main Street NE with the
following stipulations:
1. The petitioner shall meet all requirements set forth by:
a.!The Building Code
b.!The Fire Code
c.! including but not limited to grading,
drainage, utility plans, storm pond maintenance agreement, and utility
connection fees
d.! including but not limited to landscaping,
lighting, and signage plans
e.!The Coon Creek Watershed District
2. If a parking shortage occurs on the site, the petitioner shall develop an agreeable
plan approved by City staff to re-work the interior space of the existing building
or find other parking options.
3. The pet
Design Assistance program in order to identify energy and cost-saving strategies.
4. Prior to issuance of the building permit for this addition, the petitioner shall show
proof of a pavement encroachment agreement, filed with Anoka County Property
st
Records, between the current owners of the property at 140 81 Avenue N.E. and
the property owner of the subject property of this special use permit request.
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Seconded by Commissioner Buyse.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HANSEN DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ACCEPTANCE OF MINUTES FROM OTHER COMMISSIONS THROUGH ONE MOTION
Motion to accept the minutes from the following Commission meetings:
1.!February 4, 2021, Housing & Redevelopment Authority Commission
2.!March 9, 2021, Environmental Quality & Energy Commission
3.!March 1, 2021, Parks & Recreation Commission
MOTION by Commissioner Heintz approving the Minutes. Seconded by Commissioner
Buyse.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HANSEN DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Ms. Stromberg introduced the new member, Amy Dritz, to the Planning Commission. She
is the Chair of the Environmental Quality and Energy Commission.
1.!Election of Vice Chair
MOTION by Commissioner Buyse to elect Commissioner Evanson to the position.
Commissioner Evanson replied he is willing to accept.
Commissioner Meisner seconded the motion.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HANSEN DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Stromberg provided an update from the last Planning Commission meeting items,
th
the lot split and variance 74 for the apartment building were approved by the City
Council. Happy Tails Rescue had their public hearing and first reading at the Council
meeting last Friday. The City Council seemed pretty excited about that use.
Ms. Stromberg stated Commissioner Dritz and her were talking today about the
Commissioners receiving their packets. Ms. Stromberg asked if there was still interest in
people getting the packets mailed to them. They have been e-mailing them for the past
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year. If nobody wants the paper anymore, there is no need for them to mail the packets
but they definitely can still, if there were demand.
After some discussion it was determined that staff would email the Commission before the
May meeting to see who wanted to receive their packet over email and who wanted it
mailed, and staff would accommodate each Commissioner.
ADJOURN:
Motion by Commissioner McClellan to adjourn the meeting. Seconded by Commissioner
Evanson.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HANSEN DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:48 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
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AGENDA REPORT
Meeting Date: May 10, 2021 Meeting Type: City Council
Submitted By: Scott Hickok, Community Development Director
Stacy Stromberg, Planning Manager
Title
Resolution No. 2021-32, Approving License Agreement Between the City of Fridley and Townhomes at
Background
Drew Hageman, Land Development Manager for Lennar has requested an agreement between the City
(HOA). The agreement would spell out the terms
of maintenance and use of a 10-foot strip of property running immediately adjacent to the exterior of
the east Public Works boundary fence. The 10-foot strip was left purposely outside of the fence to allow
the City to do what is necessary relative to the fence repair maintenance, landscape maintenance, etc.
without being on HOA property.
On January 26, 2021, Mr. Hageman submitted a draft easement document. After a brief City
staff/attorney evaluation, the City Attorney suggested draft modifications of that easement agreement,
as a more appropriate tool to govern maintenance and use expectations for this property. As a result,
the attached License Agreement was prepared by the City Attorney and then reviewed and approved by
legal team on behalf of the HOA. This is the version recommended by staff for Council approval.
Financial Impact
No financial impact.
Recommendation
Staff recommend the approval of Resolution No. 2021-32.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods & Places X Community Identity & Relationship Building
Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
!Resolution No. 2021-32
!Exhibit A: License Agreement
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Resolution No. 2021-32
Approving License Agreement Between the City of Fridley and the Townhomes at Locke
Park Homeowners Association
Whereas, Minnesota Statute § 412.211 grants authority to the City of Fridley to enter into a license
agreement for use of property; and
Whereas, the City is the fee owner of the property legally described as:
Lot 1, Block 1, Locke Pointe Park, according to the recorded plat thereof, in Anoka County,
Minnesota (Property); and
Whereas, (HOA) is responsible for the maintenance and upkeep of
common elements serving the residential development known as the Townhomes at Locke Park,
CIC #327 (Community); and
Whereas, the City currently maintains a fence on the Property, and the HOA would like to utilize
a portion of the Property for landscaping and other non-permanent improvements, according to
the terms of this Agreement; and
Now, therefore be it resolved, that the City Council of the City of Fridley agrees to enter into a
License Agreement with Townhomes at Locke Park Homeowners Association.
Be it further resolved, that said Agreement shall include 16 specific terms of agreement, which are
defined within said License Agreement.
Passed and adopted by the City Council of the City of Fridley this 10th day of May, 2020.
_______________________________________
Scott J. Lund Mayor
ATTEST:
Daniel Tienter City Clerk
3:
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Exhibit A
LICENSE AGREEMENT
shall be effective on this
____ day of __________, 2021 , by and between the City of Fridley, a
municipal corporation under the laws of Minnesota Citynd the Townhomes at
Locke Park Homeowners Association, a Minnesota nonprofit
WHEREAS, the City is the fee owner of the property legally described as:
Lot 1, Block 1, LOCKE PARK POINTE, according to the recorded plat thereof, in
Anoka County, Minnesota
and
WHEREAS,
maintenance and upkeep of common elements serving the residential development
known as the Townhomes at Locke Park, CIC ; and
WHEREAS, the City currently maintains a fence on the Property, and the HOA
would like to utilize a portion of the Property for landscaping and other non-permanent
improvements, according to the terms of this Agreement; and
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, the parties agree as follows:
1. The City hereby grants to the HOA a non-exclusive license to install and
maintain landscaping, vegetation, and irrigation, in the areas of the Property legally
described on Exhibit A and depicted on Exhibit B d subject to the
terms of this Agreement. Such right shall also include the right of the HOA, and its
member property owners, to recreationally use the Licensed Area in a manner that does
FR520-2-712657.v1
41
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The HOA shall be responsible for all costs
associated with the installation, maintenance, and removal of any improvements located
within the Licensed Area and shall keep such improvements in good condition. The City
shall be responsible for all costs associated with the maintenance of the fence located on
the Property and, for so long as the fence remains on the Property, the City shall keep the
fence in good condition. The City may require the HOA to remove any or all of the
improvements from the Licensed Area upon termination of this Agreement, or at such
time as the City determines that removal is necessary to allow the City to fully utilize the
Licensed Area. The HOA may not install any permanent improvements in the Licensed
Area without the prior written consent of the City.
2. No license fee shall be required by this Agreement.
3. The HOA agrees that the use of the Licensed Area is with
permission and is not open, continuous, notorious, or in any other manner supportive of
a claim of adverse possession, prescriptive easement, or other entitlement to the Property.
The parties acknowledge that this Agreement is a license to use the Licensed Area for the
purpose described herein and does not confer any estate or interest in the Property to
the HOA.
4. The HOA shall comply with all applicable laws, ordinances, and
governmental regulations affecting the Licensed Area and its use thereof. The HOA shall
not use the Licensed Area for the transportation, storage, handling, or disposal of any
hazardous substance, hazardous waste, pollutant or contaminant as those terms are
, Chapter 115B
5. The HOA at its expense, during the term of this Agreement, shall keep in full
on general liability insurance,
providing coverage for personal property damage, personal injury, and contractual
liability with respect to its use of the Licensed Area.
6. The HOA shall defend, indemnify, and hold harmless the City, its officers,
agents, contractors, and employees, against all suits, demands, causes of action, liabilities,
or claims for injury or damages of whatever nature, including personal injury, death, or
damage to property, arising out of or related to the use of the Licensed Area.
7. With the exception of the installation and maintenance of the improvements
allowed hereunder, the HOA shall not make any improvements to the Licensed Area
FR520-2-712657.v1
42
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without prior written consent. All improvements shall be done at the
expense.
8. This Agreement shall commence on the Effective Date, and shall remain in
effect until terminated by either party. Either party may terminate this Agreement at any
time and for any reason, or for no reason, by providing 90 the other
party, provided however, that the City may not terminate this Agreement for at least one
year following the Effective Date.
9. Upon termination of this Agreement, the HOAuse of the Licensed Area
shall be immediately terminated and any improvements installed in the Licensed Area
shall be removed upon request by the City. The Licensed Area shall be left by the HOA in
the same or better condition as it was at the beginning of the term of this Agreement. If
the Licensed Area is left in lesser condition, the City may repair the Licensed Area itself
and the HOA shall be responsible for costs and expenses incurred for the repairs.
10. It is agreed that this Agreement shall be governed by, construed, and
enforced in accordance with the laws of the state of Minnesota.
11. This Agreement constitutes the entire agreement between the City and the
HOA. There are no other agreements, either oral or written, between the City and the
HOA. Any modification of this Agreement or additional obligation assumed by either
party in connection with this Agreement shall be binding only if evidenced in writing
signed by each party or an authorized representative of each party.
12. Any notice provided for or concerning the Agreement shall be in writing
and shall be deemed sufficiently given when sent by certified or registered mail if sent to
the respective address of each party as set forth at the beginning of this Agreement.
13. This Agreement does not create the relationship of principal and agent or
of partnership or of joint venture or of any association between the City and the HOA, the
sole relationships of the parties hereto being that of Licensor and Licensee under this
Agreement.
14. The HOA agrees not to sublicense any portion of the Licensed Area or to
transfer or assign this Agreement without obtaining the prior written consent of the City,
which consent the City may grant or deny at its sole discretion. consent to any
sublicensing or assignment of this Agreement shall not be a waiver of its rights under this
paragraph to any subsequent sublicensing or assignment.
FR520-2-712657.v1
43
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15. If any portion of this Agreement is declared by a court to be illegal or in
conflict with any law, the validity of the remaining terms and conditions shall not be
affected and the rights and obligations of the parties under this Agreement shall be
construed and enforced as if the Agreement did not contain the particular provision held
to be invalid.
16. This Agreement may be executed in several counterparts and delivered
electronically, each of which when executed is considered an original, but all of which
together shall constitute one instrument. This Agreement shall run with the land and shall
inure to the benefit of and be binding upon the parties to this Agreement and their
respective successors and assigns.
\[Signature pages follow.\]
FR520-2-712657.v1
44
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IN WITNESS WHEREOF, the undersigned parties acknowledge that they have read
and understand this Agreement.
LICENSOR:
City of Fridley
By: ________________________________
Scott J. Lund, Mayor
________________________________
Daniel Tienter, City Clerk
FR520-2-712657.v1
45
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LICENSEE:
Townhomes at Locke Park HOA
By:____________________________________
Carole Toohey, President
This Agreement was drafted by:
Kennedy & Graven, Chartered (AMB)
th
150 South 5 Street, Suite 700
Minneapolis, MN 55402
612-337-9300
FR520-2-712657.v1
46
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EXHIBIT A
Legal Description of Licensed Area
The most easterly 10 feet of Lot 1, Block 1, LOCKE PARK POINTE, according to the recorded plat
thereof, Anoka County, Minnesota.
A-1
FR520-2-712657.v1
47
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EXHIBIT B
Depiction of Licensed Area
B-1
FR520-2-712657.v1
48
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AGENDA REPORT
Meeting Date: May 10, 2021 Meeting Type: City Council
Submitted By: Scott Hickok, Community Development Director
Stacy Stromberg, Planning Manager
Title
Resolution No. 2021-36, Approving Special Use Permit, SP #21-03 Petitioned by Corval Constructors,
Inc. (Ward 3)
Background
The petitioner, Jordan Marshall with Corval Constructors, Inc., who is representing V&T Properties LLC,
the property owner of 7989 Main Street, is requesting a Special Use Permit to increase the allowable lot
coverage requirement from 40% to 49%.
The Fridley City Code (Code) allows industrial properties to increase the amount of lot coverage (roofed
structures) on a lot from 40% to 50% with a Special Use Permit, provided all other Code requirements
can be met. The petitioner is seeking a Special Use Permit to increase the lot coverage requirement from
40% to 49% to allow for the construction of a building addition. The addition will be on the south side
of the main building and will connect the two buildings on-site. According to the petitioner, D&B
Platting, the occupant of the building has outgrown their existing building and need additional space to
continue to grow their business and serve their clients. They would prefer to grow their business in
Fridley instead of moving to another location.
A Notice of Public Hearing before the Planning Commission was published in the April 9, 2021 edition
of the Star Tribune.
The Planning Commission held a public hearing for SP #21-03 at their April 21, 2021 meeting. After a
brief discussion, the Planning Commission recommended approval of Special Use Permit, SP #21-03,
with the stipulations as presented by staff. The motion carried unanimously.
Financial Impact
No financial impact.
Recommendation
Staff recommends approval of Resolution No. 2021-36.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods & Places X Community Identity & Relationship Building
X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship
Organizational Excellence
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
49
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Attachments and Other Resources
!Resolution No. 2021-36
!Exhibit A: Staff Report to the Planning Commission
!Exhibit B: Site Plan
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
4:
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Resolution No. 2021-36
Approving Special Use Permit, SP #21-03 to Increase the Allowable Lot Coverage for a
One-Story Building Located at 7965 Main Street N.E., Owned by V&T Properties LLC
Whereas, Fridley City Code §205.18.3.C.(1).((a)) allows an increase in lot coverage for a one-story
building from 40% to 50% of the lot area in an M-2, Heavy Industrial zoning district by a Special
Use Permit if certain conditions can be met; and
Whereas, on April 21, 2021, the Planning Commission held a public hearing to consider a request
by Corval Constructors, Inc. for the property located at 7965 Main Street N.E., legally described
Lots 5 and 6, Block 4, University Industrial Park, for Special Use Permit, SP #21-03 to allow an
increase in lot coverage from 40% to 49.3%; and
Whereas, at the April 21, 2021 meeting, the Planning Commission unanimously recommended
approval of Special Use Permit, SP #21-03; and
Whereas, on May 10, 2021, the Fridley City Council approved the stipulations represented in
Exhibit A to this resolution as the conditions approved by the City Council on Special Use Permit,
SP #21-03; and
Whereas, the petitioner, Corval Constructors, Inc., was presented with Exhibit A, the conditions
for SP #21-03 at the May 10, 2021 City Council meeting; and
Whereas, Fridley City Code §205.05.5.G states that this Special Use Permit will become null and
void one year after the City Council approval date if work has not commenced or if the petitioner
has not petitioned the City Council for an extension.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves Special
Use Permit, SP #21-03 and the stipulations represented in Exhibit A are hereby adopted by the
City Council of the City of Fridley.
th
Passed and adopted by the City Council of the City of Fridley this 10 day of May 2021.
_______________________________________
Scott J. Lund Mayor
ATTEST:
Daniel Tienter City Clerk
51
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Exhibit A
Stipulations
1.!The petitioner shall meet all requirements set forth by:
a.!The Building Code
b.!The Fire Code
c.! including but not limited to grading, drainage,
utility plans, storm pond maintenance agreement, and utility connection fees
d.! including but not limited to landscaping, lighting,
and signage plans
e.!The Coon Creek Watershed District
2.!If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan
approved by City staff to re-work the interior space of the existing building or find other
parking options.
3.!The petitioner is strongly encouraged to participate in X
Assistance program in order to identify energy and cost-saving strategies.
4.!Prior to issuance of the building permit for this addition, the petitioner shall show proof
of a pavement encroachment agreement, filed with Anoka County Property Records,
st
between the current owners of the property at 140 81 Avenue N.E. and the property
owner of the subject property of this special use permit request.
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City of Fridley Land Use Application Summary
SP #21-03 April 21, 2021
GENERAL INFORMATION SPECIAL INFORMATION
Transportation:
Applicant:
Corval Constructors, Inc. The property receives access from Main Street
th
Jordan Marshall and from 79 Avenue through an access
1633 Eustis Street agreement with neighboring property owners.
St. Paul, MN 55108
Physical Characteristics:
Buildings, parking, and landscaped areas.
Requested Action:
Special Use Permit to increase allowable
Summary of Request:
lot coverage
The petitioner, Jordan Marshall of Corval
Constructors, Inc. on behalf of the property
Location:
owner, is requesting a special use permit to
7989 Main Street N.E.
increase the allowable lot coverage requirement
Existing Zoning:
from 40% to 49% to allow the construction of a
M-2 (Heavy Industrial)
building addition. The addition will connect the
Size:
two buildings located on the lot at 7989 Main
160,556 sq. ft. 3.68 acres
Street N.E.
Existing Land Use:
Staff Recommendation:
Industrial
City Staff recommends approval of this special
Surrounding Land Use & Zoning:
use permit.
N: Industrial & M-2
An increase in lot coverage for a one-story
E: Industrial & M-1
building from 40% to 50% is a permitted special
S: Industrial & M-2
use in the M-2, Heavy Industrial zoning district,
W: Industrial & M-2
provided all other code requirements are met,
Comprehensive Plan Conformance:
subject to stipulations.
Future Land Use Map designates this
property as Industrial
Zoning Ordinance Conformance:
Section 205.18.3.C.(1).((a)) requires a
special use permit for a one-story
building to increase lot coverage from
40% to 50% of the lot area
Section 205.18.3.C(4) requires that the
project meet all other ordinance
requirements
Building and Zoning History:
1981 – Lot is platted
1984 – Existing building constructed
1997 – Building addition
2000 – Detached building constructed
Legal Description of Property:
Subject Property
Lots 5 & 6, Block 4, University Industrial
CITY COUNCIL ACTION/60 DAY ACTION DATE
Park
City Council – May 10, 2021
Public Utilities:
60 Day Date – May 17, 2021
Building is connected
Staff Report Prepared by Stacy Stromberg
53
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Land Use Application – Written Report
Special Use Permit #21-03
The Request
The petitioner, Jordan Marshall with Corval Constructors, Inc., who is representing V&T
Properties LLC, the property owner of 7989 Main Street, is requesting a special use permit to
increase the allowable lot coverage requirement from 40% to 49%. The increase in lot coverage
will allow for the construction of a
building addition, which will connect the
two buildings that exist on the site.
Site Description and History
The subject property is located on the
th
east side of Main Street, north of 79
Avenue. It is zoned M-2, Heavy
Industrial and was developed in 1984
with the construction of original the
building that ran east and west on the
site. A variance was granted in 1985 to
reduce the setback for parking and hard
surface areas from 5 ft. to 0 ft. in the side
and rear yards. In 1997, a building
addition was constructed on the south
side of the building that created the “L” shape building that exists today. In 2000, the detached
building was constructed. When this property and the surrounding properties were developed
in the 1980s, the owner and developer at the time, wanted the area to function as a campus that
th
would share an access easement off of 79 Avenue and parking in some cases. Over the years
this has created some issues with maintenance of the easement area because each parcel is now
owned by different parties. The subject property will continue to have a row of parking along
the eastern property line and does have an access easement with the properties to the east,
th
which allows direct access to 79Avenuein addition to access to Main Street.
Code Requirements
Citycode allows industrial properties to increase the amount of lot coverage (roofed structures)
on a lot from 40% to 50% with a special use permit, provided all other code requirements can be
met. The petitioner is seeking a special use permit to increase the lot coverage requirement
from 40% to 49% to allow for the construction of a building addition. The addition will be on
the south side of the main building and will connect the two buildings on-site. According to the
petitioner, D&B Platting, the occupant of the building has outgrown their existing building and
need additional space to continue to grow their business and serve their clients. They would
prefer to grow their business in Fridley instead of moving to another location.
The subject property is 160,556 sq. ft. in size. The existing buildings are 61,500 sq. ft., which is
38.3% lot coverage. The proposed addition is 17,617 sq. ft. in size, which increased the total
building area to 79,117 sq. ft. This increases the lot coverage on the site to 49%, which triggers
54
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the need for a special use permit. To allow an industry to increase the lot coverage requirement
from 40% to 50%, the code requires that other ordinance requirements need to be met,
including but not limited to, parking, storm water management and landscaping.
Based on the breakdown of uses within the existing buildings and the proposed addition, the
number of parking stalls required by code is 119. Currently there are 86 parking stalls on site,
and 21 of them will need to be removed for the building addition. That will leave 65 parking
stalls on-site, which is
54 stalls short of what
the code requires.
The petitioner has
articulated that the
maximum number of
parking stalls their
business needs during
peak times with
employees and visitors
is 38 parking stalls.
The City’s code
requires 1 parking stall
for every 400 sq. ft. of
manufacturing space,
which staff has found
to be excessive based
on how manufacturing
space is used today.
When the code was
last updated in the early 1980’s, manufacturing facilities were full of employees working on
assembly lines. Technology has since evolved and from our experience during Business and
Retention visits and talking to industry owners, we’ve learned that manufacturing space is now
used much differently and being taken up with large pieces of equipment instead of employees.
Staff hasn’t noticed that parking has been a problem on this site but will stipulate that at which
time parking does become an issue for this tenant or future tenants of the building that the
interior space may need to be re-worked to better meet City code parking requirements. Staff is
also working on a recodification of the entire City code, which will be a several year process, but
as part of that recodification, the parking ratios based on use will be updated.
The proposed addition will comply with setback requirements. As part of the building permit
submittal, all landscaping and storm water requirements plans will need to be submitted and
requirements complied with.
55
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Staff Recommendation
City Staff recommends approval of this special use permit.
An increase in lot coverage for a one-story building from 40% to 50% is a permitted
special use in the M-2, Heavy Industrial zoning district, provided all other code
requirement are met, subject to stipulations.
Stipulations
Staff recommends that if the special use permit is granted, the following stipulations be
attached.
1. The petitioner shall meet all requirements set forth by:
a. The Building Code
b. The Fire Code
c. The City’s Engineering department – including but not limited to grading, drainage,
utility plans, storm pond maintenance agreement, and utility connection fees
d. The City’s Planning department – including but not limited to landscaping, lighting,
and signage plans
e. The Coon Creek Watershed District
2. If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan
approved by City staff to re-work the interior space of the existing building or find other
parking options.
3. The petitioner is strongly encouraged to participate in Xcel Energy’s Energy Design
Assistance program in order to identify energy and cost-saving strategies.
4. Prior to issuance of the building permit for this addition, the petitioner shall show proof of
a pavement encroachment agreement, filed with Anoka County Property Records, between
st
the current owners of the property at 140 81Avenue N.E. and the property owner of the
subject property of this special use permit request.
56
PJDPJD
DDL
49933
03/16/21
20568.00
SITE PLAN
PLANNING
DEMO PLAN
763.424.5505
/
FRIDLEY, MNDETAIL SHEET
TOPO SURVEY
ST. PAUL, MN
SHEET INDEX
GRADING PLAN
7
CITY SUBMITTALCITY SUBMITTAL
!
7
www.loucksinc.com
LAND SURVEYING
ENVIRONMENTAL
5
CIVIL ENGINEERING
QUALITY CONTROL
n
C2-1
PJ Disch - PE
Maple Grove, MN 55369
SITE PLAN
OUCKS
CADD QUALIFICATION
f SUBMITTAL/REVISIONS
CORVAL GROUP
u
J
7200 Hemlock Lane, Suite 300
L
PROFESSIONAL SIGNATURE
LANDSCAPE ARCHITECTURE
D & B PLATTING
with respect to this project. These CADD files shall not be used 12/17/2003/16/21Loucks Project No.Project LeadDrawn ByChecked ByReview Date1of1C1-1C2-1C3-1C8-1
CADD files prepared by the Consultant for this project areinstruments of the Consultant professional services for use solelyon other projects, for additions to this project, or for completionof
this project by others without written approval by theConsultant. With the Consultant's approval, others may bepermitted to obtain copies of the CADD drawing files forinformation and
reference only. All intentional or unintentionalrevisions, additions, or deletions to these CADD files shall bemade at the full risk of that party making such revisions, additionsor
deletions and that party shall hold harmless and indemnify theConsultant from any & all responsibilities, claims, and liabilities.License No.Date
I hereby certify that this plan, specification or report wasprepared by me or under my direct supervision and thatI am a duly Licensed Professional Engineer under thelaws of the State
of Minnesota.
972.5
2
2
7
1.0%
9
N
PROPOSED
SIGN
FENCE
TREE LINE
HYDRANTBUILDING
DRAINTILE
CONCRETECONTOUR
GAS METER
LIGHT POLE
FORCEMAIN
GATE VALVE
WATERMAIN
POWER POLEBENCHMARKNO PARKING
SOIL BORING
CATCH BASIN
STORM SEWER
WATER SERVICE
ELECTRIC METER
SANITARY SEWERCONCRETE CURBSPOT ELEVATION
RETAINING WALL
STORM MANHOLE
CHAIN LINK FENCE
OVERHEAD UTILITY
SANITARY MANHOLEDIRECTION OF FLOW
FLARED END SECTIONTELEPHONE PEDESTALUNDERGROUND GAS
PARKING SETBACK LINE
PARKING STALL COUNT
POST INDICATOR VALVEBUILDING SETBACK LINE
WATER MANHOLE / WELL
SANITARY SEWER SERVICE
UNDERGROUND ELECTRIC
ACCESSIBLE PARKING STALL
UNDERGROUND TELEPHONE
UNDERGROUND FIBER OPTIC
2040
2
SCALE IN FEET
0
EXISTING
WARNING:THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALLMAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES.THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL
AT 651-454-0002 ATCABLES, CONDUITS,PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE
EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES INLEAST 48 HOURS IN ADVANCEFOR THE LOCATIONS OF ALL UNDERGROUND WIRES,DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE
THE ABOVE WHEN DAMAGEDDURING CONSTRUCTION AT NO COST TO THE OWNER.
SITE PLAN LEGEND
LEGEND
OFF-STREET PARKING CALCULATIONS
SITE NOTES
TO MATCH INTO EXISTING
BITUMINOUS PAVEMENT
BITUMINOUS PAVEMENT(SEE PAVEMENT SECTION)
9.0'
22
551111
77
18.0'
4.9'
SIDEWALK
SIDEWALK
CONCRETE SIDEWALK
MATCH CONCRETE
(SEE PAVEMENT SECTION)
MATCH CONCRETE
SIDEWALK CONCRETE
SIDEWALK CONCRETE
SIDEWALK INTO EXISTING
SIDEWALK INTO EXISTING
ADDTION
BUILDING
PROPOSED
9.0
TIRE STOP
(SEE DETAIL)
20.0
BITUMINOUS PAVEMENT
TO MATCH INTO EXISTING
LANDSCAPE ROCK
BED AREA (SEENOTES)
R3.0
BITUMINOUS PAVEMENT
(SEE PAVEMENT SECTION)
ADDTION 22
BUILDING
PROPOSED
R3.0
1313
B612
(SEE DETAIL)
CURB/GUTTER
Exhibit B
55
22
Plotted: 03 /16 / 2021 10:43 AM
W:\\2020\\20568\\CADD DATA\\CIVIL\\_dwg Sheet Files\\C2-1 SITE PLAN
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AGENDA REPORT
Meeting Date: May 10, 2021 Meeting Type: City Council
Submitted By: Melissa Moore, Administrative Services Coordinator/Deputy City Clerk
Daniel Tienter, Director of Finance/City Treasurer/City Clerk
Title
Resolution No. 2021-37, Approving Summary Publication of Ordinance No. 1388
Background
On April 26, 2021, the City Council (Council) approved the second reading of Ordinance No. 1388,
amending Chapter 101, Animal Control, of the Fridley City Code.
Upon consultation with the Official Publication, staff determined that to publish the entire
ordinance would be cost prohibitive. The Fridley City Charter (Charter) and Minnesota Statutes § 412.191,
subd. 4 allows publication of adopted ordinances by summary in the case of lengthy ordinances. If the
Council approves the attached resolution, a summary of the ordinance would be published in the May
13, 2021 Star Tribune. Pursuant to the Section 3.06 of the Charter, the ordinance would go into effect 15
days later on May 28, 2021.
Financial Impact
The City received an estimate to publish the entirety of Ordinance No. 1388 for $5,799 due to its length.
Official Publication to publish this summary is $52.40.
Recommendation
Staff recommend the approval of Resolution No. 2021-37.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods & Places Community Identity & Relationship Building
Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship
X Organizational Excellence
Attachments and Other Resources
!Resolution No. 2021-37
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
58
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Resolution No. 2021-37
Resolution Approving Summary Publication of Ordinance No. 1388
Whereas, the City Council adopted Ordinance No. 1388, Amending the Fridley City Code Chapter
101, Animal Control (Ordinance) on April 26, 2021; and
Whereas, the Fridley City Charter (Charter) § 3.07 requires the publication of an ordinance in the
Official Publication upon approval; and
Whereas, the Charter and Minnesota Statutes § 412.191, subd. 4 allows publication of adopted
ordinances by summary in the case of lengthy ordinances; and
Whereas, upon recommendation of staff, the City Council determined publishing the entire text
of the Ordinance is not in the best interest of the City as the Ordinance is readily available to the
public on the City website or for inspection by any person during regular office hours at the Office
of the City Clerk; and
Whereas, the City Council determined the following summary clearly informs the public of the
intent of Ordinance No. 1388 and where to obtain a copy of the full text.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the
summary language provided below for publication in the Official Publication:
Summary Publication Ordinance No. 1388
Amending the Fridley City Code Chapter 101, Animal Control
The City of Fridley does ordain, after review, examination and staff recommendation that Chapter
101, Animal Control, of the Fridley City Code be amended as follows:
FRIDLEY CITY CODE
CHAPTER 101. ANIMAL CONTROL
The Ordinance amends Chapter 101 of the Fridley City Code regarding animal control. The
substantive changes to the chapter were: all definitions of the chapter were consolidated into the
, regulations
were added for impounding potentially dangerous dogs and dangerous dogs, adoption of
Minnesota Statute §§ 347.50 through 347.565, laying out all City regulations for potentially
dangerous dogs and dangerous dogs including declarations, notifications, appeals, exemptions,
reviews, registrations, requirements, confiscation, destruction and restrictions on future
ownership. Passed and adopted by the City Council of the City of Fridley on April 26, 2021. The full
text of the ordinance is available on the City website or for inspection by any person during regular
office hours at the Office of the City Clerk.
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Passed and adopted by the City Council of the City of Fridley this 10th day of May, 2021.
_______________________________________
Scott J. Lund Mayor
ATTEST:
Daniel Tienter City Clerk
5:
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AGENDA REPORT
Meeting Date: May 10, 2021 Meeting Type: City Council
Submitted By: Ryan George, Deputy Director of Public Safety
Title
Resolution No. 2021-38, Approving and Authorizing the Signing of an Agreement with Independent
School District #14
Background
Independent School District #14 provides K-12 public school services at multiple locations in the City of
Fridley (City). Fridley Public Safety has a long-standing relationship with the District in which the City
and the District previously entered into contractual agreements for the City to provide two licensed
police officers to the District as School Resource Officers (SROs). One SRO is assigned to Fridley Middle
School and one SRO is assigned to Fridley High School. Both SROs share responsibility for elementary
schools and other schools within the City.
The District and the City recognize the benefit that SROs provide to the school, the Public Safety
Department, and the community at-large. The District and the City desire to extend their relationship
throughout the 2021-2022 and 2022-2023 school years. Under the terms of the agreement (Exhibit A),
the City shall provide two licensed police officers to the District for assignment as SROs.
Aside from updating relevant dates and the cost of the SROs, the agreement has not been substantially
amended from previous versions. The agreement has been reviewed by the City Attorney.
Financial Impact
Revenue from this contract is anticipated in the annual budget.
Recommendation
Staff recommend the approval of Resolution No. 2021-38.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods & Places Community Identity & Relationship Building
Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
!Resolution No. 2021-38
!Exhibit A: School Resource Officer Program Agreement with Independent School District #14
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
61
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Resolution No. 2021-38
Approving and Authorizing the Signing of an Agreement with Independent
School District #14
Whereas, Minnesota Statute § 471.59 enables the City of Fridley (City) to enter into agreements
with external parties;
Whereas, the Independent School District #14 (District) provides K-12 public school services at
multiple locations in the City; and
Whereas, the City and the District previously entered into contractual agreements for the City to
provide one School Resource Officer to Fridley Middle School and one School Resource Officer to
Fridley High School; and
Whereas, the District and the City recognize the benefit that School Resource Officers provide to
schools, the Public Safety Department, and the community at-large; and
Whereas, the District and the City desire to extend their relationship in which the City shall provide
two licensed police officers under the terms of the agreement.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves said
agreement and the Mayor and the City Manager, or their designee, are hereby authorized to
execute the attached Agreement.
Passed and adopted by the City Council of the City of Fridley this 10th day of May, 2021.
_______________________________________
Scott J. Lund Mayor
ATTEST:
Daniel Tienter City Clerk
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SCHOOL RESOURCE OFFICER PROGRAM
AGREEMENT BETWEEN
THE CITY OF FRIDLEY AND INDEPENDENT SCHOOL DISTRICT #14
This agreement is made the 10th day of May, 2021, pursuant to M.S. 471.59 by and between
the City of Fridley (City) and Independent School District #14 (School District).
1.PURPOSE
The City and the School District wish to participate in a School Resource Officer Program. Both
the City and the School District agree that a School Resource Officer Program improves
understanding and promotes mutual respect between police, school, staff, counselors, parents
and students. The purpose of this Agreement is to set forth in writing the terms and conditions
of the mutual duties and obligations and to fund the position of School Resource Officer (SRO).
2.FUNDING
The School District will fund a portion of the salary and benefits for two licensed police officers
assigned as School Resource Officers.
For the 2021-2022 school term the amount shall be based on two SROs assigned for the
entire term. This amount shall total $127,000.
For the 2022-2023 school term the amount shall be based on two SROs assigned for the
entire term. This amount shall total $129,000.
The School District officials and the City of Fridley Public Safety Director shall determine the
specific daysand hours to be worked under this agreement.The City shall have exclusive use of
the police officers assigned as the School Resource Officers from the end of the 2021-2022
school term until the first day of the 2022-2023 school term.
3.SERVICES
This City shall provide the services of two licensed police officers and related support services
and supplies to assist the School District in establishing a School Resource Officers Program.
The officers will have primary responsibilities in serving as a resource to faculty, classroom
members and school administrators in the promoting of positive youth behavior. The School
District agrees to provide adequate office space, telephone and other reasonable clerical
support services. Basic assignments will be to the High School and Middle School with
occasional support at other facilities as needed.During the school day, the School Resource
Officers will be available for and may respond to emergency calls and other assistance required
by the City, and may attend police training and special duties as assigned by the City.
The City shall provide the following coverage for school events:
1
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Fridley High School home football games occurring during the school year,
including playoffs
o Two SROs will work Fridley HS home football games as part of their SRO
duties
o For the Homecoming football game, two SROs and two additional officers
will be provided, for a total of four police officers
Fridley High School Prom
o Two SROs will work Fridley HS Prom as part of their SRO duties
Fridley High School Graduation
o Two SROs will work Fridley HS graduation as part of their SRO duties
Additional Fridley High School and Fridley Middle School Dances
o Dances at FHS and FMS will be staffed by the SRO assigned to that school.
Additional police security
o For other events that require police security, a request can be made through the
Fridley Police Department’s Office Coordinator. Hours worked by officers will be
invoiced at the current rate upon completion of the event(s).
In the event that an SRO is unavailable for a particular event, coverage will be provided by
another Fridley police officer. SROs are authorized by the City to adjust their regular
working hours to accommodate a school event that requires their attendance (listed
above).
4.PAYMENT
The City shall provide billing to the School District for services provided in this Agreement, and
the School District will remit payment to the City on a semi-annual basis.
5.TERM
st
This Agreement shall commence on the 31 day of August, 2021, and shall end on the last day
of the 2022-2023 schoolterm. Thereafter, it maybe renewed on a yearly basis by mutual
agreement. Either party may cancel this Agreement with a 30 day written notice.
6.GENERAL PROVISIONS
It is expressly agreed that the School Resource Officers are City employees and shall not be
considered employees of the School District for any purpose including but not limited to
salaries, wages, other compensations or fringe benefits, Worker’s Compensation,
Unemployment Compensation, P.E.R.A., Social Security, Liability Insurance, keeping of
personnel records, termination of employment, individual contracts or other contractual rights.
The City shall assume all liability for the actions taken by the SROs in the performance of their
duties as Peace Officers. The SROs shall report to and be directed by the City of Fridley Public
Safety Director or his designee, but will receive general and daily direction from the assigned
school building administrator. Representatives of the School District and the Public Safety
Director or his designee shall negotiate resolution of unforeseen problems arising in this
program.
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Nothing contained herein shall be deemed a waiver by the City or School District of any
governmental immunity defenses, statutory or otherwise. Further, any and all claims brought
by a third party shall be subject to any governmental immunity defenses of the City and School
District and the maximum liability limits provided by Minnesota Statutes, Chapter 466.
7.SCHEDULING
The duty hours of the SROsare flexible and will be primarily coordinated with the school day
and activities. The SROswill make daily contact with the Police Department for the purpose of
keeping abreast of incident reports and other City activity. The SROsmay be required to
conduct juvenile investigations. During non-school periods, theCity will determine the SROs
duties and schedule.
8.DISCRIMINATION
The City and the School District agree not to discriminate in providing services under this
Agreement on the basis of race, sex, creed, national origin, age or religion.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THIS THE 10th
DAY OF May, 2021.
City of Fridley Independent School District #14
_____________________________ _______________________________
Scott. J. Lund, Mayor Dr. Kim Hiel,
Superintendent
_____________________________
Brian T. Weierke
Public Safety Director
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AGENDA REPORT
Meeting Date: May 10, 2021 Meeting Type: City Council
Submitted By: Ryan George, Deputy Director of Public Safety
Title
Resolution No. 2021-39, Approving and Authorizing the Signing of an Agreement with Northeast Metro
916 Intermediate School District
Background
The Northeast Metro 916 Intermediate School District (District) operates Metro Heights Academy,
located at 7122 University Ave NE in the City of Fridley (City). Fridley Public Safety has a long-standing
relationship with the District in which the City and the District previously entered into contractual
agreements for the City to provide a licensed police officer to the District as a School Resource Officers
(SRO).
The District and the City recognize the benefit that SROs provide to the school, the Public Safety
Department, and the community at-large. The District and the City desire to extend their relationship
throughout the 2021-2022 school year. Under the terms of the agreement (Exhibit A), the City shall
provide one licensed police officer to the District for assignment as an SRO.
Aside from updating relevant dates and the cost of the SRO, the agreement has not been substantially
amended from previous versions. The agreement has been reviewed by the City Attorney.
Financial Impact
Revenue from this contract is anticipated in the annual budget.
Recommendation
Staff recommend the approval of Resolution No. 2021-39.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods & Places Community Identity & Relationship Building
Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
!Resolution No. 2021-39
!Exhibit A: School Resource Officer Services Agreement with Northeast Metro 916 Intermediate
School District
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2021-39
Approving and Authorizing the Signing of an Agreement with Northeast Metro 916
Intermediate School District
Whereas, Minnesota Statute § 471.59 enables the City of Fridley (City) to enter into agreements
with external parties;
Whereas, the Northeast Metro 916 Intermediate School District (District) operates Metro Heights
Academy, located at 7122 University Ave NE in the City; and
Whereas, the City and the District previously entered into contractual agreements for the City to
provide a School Resource Officer to Metro Heights Academy; and
Whereas, the District and the City recognize the benefit that School Resource Officers provide to
the school, the Public Safety Department, and the community at-large; and
Whereas, the District and the City desire to extend their relationship in which the City shall provide
a licensed police officer under the terms of the agreement.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves said
agreement and the Mayor and the City Manager or their designee are hereby authorized to
execute the attached Agreement.
Passed and adopted by the City Council of the City of Fridley this 10th day of May, 2021.
_______________________________________
Scott J. Lund Mayor
ATTEST:
Daniel Tienter City Clerk
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SCHOOL RESOURCE OFFICER SERVICES AGREEMENT
T
his School Resource Officer ServicesAgreement (“Agreement”) is made and entered into
on this 10th day of May, 2021, by and between Northwest Metro 916 Intermediate School
District, a Minnesota school district (“School District”), and the City of Fridley, a Minnesota
municipal corporation (“City”).
RECITALS
WHEREAS, Minnesota Statutes, sections 126C.44and 471.59 authorizes the School
District to contract with the City to have peace officers provide police liaison servicesandto
levy for an appropriate portion of the costs the City incurs in paying wages, providing benefits,
and providing transportation for peace officers who are assigned to perform police liaison
officer duties in the School District;
WHEREAS, the City and the School District desire to join in mutual efforts to enhance
student safety, curb delinquency and crime in the community, and to develop better community
understanding of law and law enforcement;
WHEREAS, the School Resource Officer Program was established and continues to
operate at the School District’s Metro Heights Academy Area Learning Center(the “ALC”)located
in the City of Fridley;
WHEREAS, the City and the School District recognize the benefits of the School Resource
Officer Program to the residents of the City and particularly to the students and staff of Metro
Heights Academy Area Learning Center and have determined that it is in the best interests of the
City and School Districtto continue this program;
N
OW, THERFORE, in consideration of the mutual covenants and conditions contained in
this Agreement, the City and the School District agree as follows:
A
RTICLE I
TERM of AGREEMENT and RENEWAL
1.1 T
his Agreement shall commence July 1, 2021 and shall terminate June 30, 2022 (“Term”).
1.2 This Agreement may be terminated by either party by providing one-hundred eighty (180)
days’ written noticeof termination directed to the other party.
1.3This Agreement may be renewed by written agreement of all of the Parties.
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ARTICLE II
SCHOOL RESOURCE OFFICER PROGRAM
2.1 The School Resource Officer Program is a joint program between the City and the School
District to provide a school resource officer at the Metro Heights Academy Area Learning
Centerpursuant to the terms of this Agreement.
2.2 Through the School Resource Officer Program the parties have committed to a
collaborative effort to protect students, faculty and staff, and ALC school community. The
goal of the School Resource Officer Program is to provide a safe learning environment,
provide valuable resources to ALC staff, foster positive relationships with youth, and
develop strategies to resolve problems with the objective of protecting every student so
they can reach their fullest potential.
ARTICLE III
RIGHTS and DUTIES of the CITY
3.1 The Public Safety Director of the City of Fridley (“Chief”), shall assign oneregularly
employed, licensed peace officer to perform School Resource Officer (“SRO”) duties at
the ALC every day school is in session (“School Day”) during the regular school term
running September to June as established by the School District (“School Term”).
3.2 The SRO shall have the following duties and responsibilities (“SRO Duties”):
3.2.1 Strive to develop and enhance rapport between youth, police officers, ALC faculty
and staff, and parents.
3.2.2 Confer with parents, students, neighbors, ALC faculty and staff, and other
members of the community regarding pre-delinquent behavior.
3.2.3 Identify problems focused on students by inspecting the ALC area, grounds, and
property while being watchful for loiterers and suspicious persons or automobiles;
by frequently visiting high-delinquency areas for law violators; and by observing
matters conflicting with the best interests of the students.
3.2.4 Conduct investigations within the ALC property and surrounding community, both
criminal and other, as deemed necessary by the SRO or between the SRO and ALC
faculty and staff by mutual agreement.
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3.2.5 Investigate cases as assigned by the Chief or their designee. These cases will vary
in number and complexity thereby requiring flexibility in the hours that the SRO
works and requiring a freedom to leave the ALC building at various times.
3.2.6 In the instance of law violations, serve in the normal police officer capacity. That
is, the SRO has the obligation to protect life, limb and property; to prevent crime;
to recover stolen and lost property; and to apprehend and prosecute offenders,
but in so doing, to orient activities toward rehabilitation and correction.
3.2.7 Work in cooperation with the ALC’s principal (“Principal”) towards mutually
agreed upon goals involving the Police Department, the School District, and the
students. The SRO shall not have disciplinary authority over students.
3.2.8 Any exceptions to the above must be mutually agreed upon, in writing, by the
Chief, the School District, and the Principal.
3.3 During the School Term the SRO shall spend approximately ninety (90%) percent of their
time working directly on SRO Duties.
3.3.1 School District may request that SRO spend additional hours working on SRO
Duties, but any such request must be approved by the Chief and the total number
of hours per week the SRO spends on SRO Duties shall not exceed 40 hours, unless
overtime is requested and authorized in accordance with Section 5.3 below.
3.3.2 Unless an absence is cause by an emergency, the SRO will provide reasonable
notice to the Principal or Principal’s designee if the SRO will be absent from the
ALC. The SRO may be absent from the ALC to attend training or other activities
related to their employment as a police officer with the City. The Citywill make
reasonable attempts to schedule activities in a manner that minimizes the SRO’s
absences from the ALC during School Days.
3.3.3 If the SRO is absent for more than five (5) consecutive School Days, the Chiefor
their designee will undertake reasonable efforts to assign another licensed peace
officer to serve as a temporary replacement and perform the regular SRO Duties
during absences that exceed five (5) consecutive School Days.
3.3.4 The Chief or their designeemay temporarily reassign the SRO at times when the
ALC is not in session.
3.4 City shall provide SRO with:
3.4.1 A vehicle or mileage reimbursement and all necessary law enforcement
equipment, including any necessary electronic devices that are within the City’s
law enforcement budget. The City is also responsible for providing training and
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education to all peace officers who are assigned to provide services pursuant to
this Agreement.
ARTICLE IV
RIGHTS andDUTIES of theSCHOOL DISTRICT
4.1 The School District shall provide the SRO with the materials and facilities necessary to
perform SRO Duties at the ALC.
4.2 The following materials and facilities are deemed necessary to the performance of the
SRO’s Duties:
4.2.1 Access to a properly lighted private office with a telephone that may be used for
general business purposes.
4.2.2 A desk or worktable, a chair, and a filing cabinet that can be properly locked and
secured.
4.2.3 Access to an internet connection.
4.2.4 School District shall make training and resources available to SRO as it pertains to
juvenile mental health consistent with School District practices and policies.
4.2.5 Data produced or maintained by the SRO related to SRO Duties in this Agreement
shall be under the direct control of the School District with respect to the use and
maintenance of education records but not as to conflict with the use and
maintenance of law enforcement data. This Section shall be interpreted in
accordance with Section 10.3.
ARTICLE V
FUNDING of the SCHOOL RESOURCE OFFICER PROGRAM
5.1 The School District will compensate the City for a portion of the salary, benefits, and
transportations costs incurred for the assignment of one (1)SRO for the 2021-2022School
Term in accordance with the following schedule:
5.1.1 For the 2021-2022 School Term a total of $119,000 with $59,500 due and owing
on August 16, 2021 and $59,500 due and owing on February 14, 2022.
5.1.2 If the School District would like the services of an SRO for a summer term the
school district will pay an additional $6,000 payable upon the first day of the
summer term.
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5.2 The City agrees to provide an invoice for payments specified in this Articleby July 15, 2021
and January 14, 2022.
5.3 Any overtime hours requested and authorized by either party to this Agreement shall be
paid by the party requesting and authorizing the additional overtime hours. If the School
District requests and authorizes the overtime hours, the School District will be separately
invoiced by the City for the direct salary and related benefits for the overtime hours
worked by the assigned SRO. Only the Principal may request and authorize overtime
hours on behalf of the School District. Authorizing additional SRO hours is at the sole
discretion of the Chief
ARTICLE VI
EMPLOYMENT STATUS of theSCHOOL RESOURCE OFFICER
6.1 The SRO assigned to the ALC shall remain an employee of the City and shall not be an
employee of the School District. The School District and the City acknowledge that the
SRO shall remain under the direct administration, supervision, and control of the Police
Department.
ARTICLE VII
APPOINTMENT of the SCHOOL RESOURCE OFFICER
7.1 The City employee assigned as the SRO must have a minimum of five (5) years of law
enforcement service or experience, be a licensed peace officer in good standing, and
volunteer to be assigned as the SRO.
7.2 The appointment of the SRO shall be at the discretion of the Chief based upon:
7.2.1 A written application by the employee that outlines his/her qualifications; and
7.2.2 Input from the School District and the ALC Principal or the Principal's designee.
7.3 Additional criteria for consideration by the Chief shall include job knowledge, training,
education, attitude, and communication skills.
ARTICLE VIII
DISMISSAL of the SCHOOL RESOURCE OFFICER; REPLACEMENT
8.1 In the event the Principal feels that the SRO is not effectively performing his/her duties
and responsibilities, the following process must be followed:
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8.1.1 The Principal shall recommend to theSuperintendent of the School District that
the SRO be removed from the program and shall state the reasons from such a
recommendation in writing.
8.1.2 Within a reasonable time after receiving the recommendation from the Principal,
the Superintendent or their designee shall provide notice to the Chief or their
designee of the Principal's request.
8.1.3 The Chief may either immediately appoint a new SRO or, if the Chief desires, the
Superintendent and Chief, or their designees, shall meet with the SRO to
informally mediate or resolve the issues the Principal identified in their written
recommendation. The Superintendent, Chief, Principal, or SRO may request ALC
staff members to be present at the informal mediation. Staff may be required to
attend at the discretion of the Superintendent.
8.1.4 If, within a reasonable amount of time after such informal mediation, the
problems identified cannot be resolved or mediated then the Chief shall remove
the current SRO and appoint a replacement.
8.2 The Chief may dismiss or reassign the peace officer assigned as the SRO based upon
Fridley police department rules, regulations and/or general orders and when it is in the
best interest of the parties, the students, and the residents of the City of Fridley.
8.3 In the event of the resignation, dismissal, retirement, or reassignment of the SRO, or in
the case of long-term absences by the SRO, the Chief shall provide a temporary
replacement for the SRO within thirty (30) school days of receiving notice of such absence,
dismissal, retirement, resignation, or reassignment. As soon as practicable, the Chief shall
appoint a permanent replacement for the SRO position.
ARTICLE IX
INDEMNITY and HOLD HARMLESS
9.1 Each party shall be solely responsible and liable for the acts and omission(s) of its own
corporation, officers, employees, officials, agents and representatives. Subject to tort
liability limits in and restricted by the tort liability limits stated in Minnesota Statues
Chapter 466, each party shall indemnify, defend, and hold harmless the other from any
and all damages, liability, judgements, claims, expenses, fees, costs, actions, demands and
payments of whatsoever kind and nature arising from or pertaining to the act(s) or
omission(s) of its own corporation, officers, employees, officials, agents and
representatives. This indemnity shall apply solely with respect to services provided
pursuant to this Agreement. For liability purposes, no School Resource Officer shall be
considered to be an officer, employee, official, agent or representative of the School
District.
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Nothing contained herein shall be deemed a waiver by the City or School District of any
governmental immunity defenses, statutory or otherwise. Further, any and all claims
brought by a third party shall be subject to any governmental immunity defenses of the
City and School District and the maximum liability limits provided by Minnesota Statutes
Chapter 466. In no case shall either party's obligation to indemnify the other party exceed
the statutory liability limit of the other party. The parties shall be considered a single
governmental unit for purposes of any liability calculation, in accordance with Minn. Stat.
§471.59, subd. 1a.
9.2 The indemnity provisions of Section 9.1 hereof shall not applyto, and the City shall not
be responsible for, any liability or expenses incurred by the School District as a result of
any willful, wanton or intentional misconduct of the School District, its corporation,
officers, employees, officials, agents and representatives.
9.3 The indemnity provisions of Section 9.1 hereof shall not apply to, and the School District
shall not be responsible for, any liability or expenses incurred by the City as a result of any
willful, wanton or intentional misconduct of the City, its corporation, officers, employees,
officials, agents and representatives.
ARTICLE X
MISCELLANEOUS PROVISIONS
10.1 The City reserves the right to suspend the School Resource Officer Program and reassign
the SRO in the event of natural or man-made disaster, civil unrest, terrorism, war,
pandemic, or any similar unforeseen event for the duration of such an event. The School
district agrees that the City’s failure to perform or delay the performance of the City’s
specified duties in the Agreement willnot constitute a breach of contract if the failure to
perform or delay in the performance of the City’s specified duties is due to or caused by
an event of natural or man-made disaster, civil unrest, terrorism, war, pandemic, or any
similar unforeseen event.
10.2 All government data that are collected, created, received, or maintained as a result of this
Agreement will be handled in accordance with all applicable federal and state laws,
including, but not limited to, the Minnesota Government Data Practices Act (“MGDPA”).
The parties recognize that educational data maintained by the School District are
protected under the MGDPA and under and the Family Educational Rights Privacy Act
(“FERPA”), including its implementing regulations at 34 C.F.R. part 99. The parties
acknowledge that unless the School District is reporting a crime or another statutory
exception applies, the School District may not disclose private educational data to the
SRO without the written consent of the student’s parent or guardian (or the written
consent of the student if the student is eighteen years of age or older); a lawfully issued
subpoena; or a court order. Nothing in this Agreement may be construed to modify the
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responsibilities of either party under the MGDPA or the District’s responsibilities under
FERPA.
10.3 This Agreement is to be construed and understood solely as an Agreement between the
parties hereto and shall not be deemed to create any rights in any other person. No
person shall have the right to make claim that they are a third-party beneficiary of this
Agreement or of any of the terms and conditions hereof, which, as between the parties
hereto, may be waived at any time by mutual agreement between the parties hereto.
10.4Any amendment to this Agreement shall be in writing and shall be executed by the same
parties who executed the original Agreement or their successors in office.
10.5This Agreement, together with all of its paragraphs, terms and provisions is made in the
State of Minnesota and shall be construed and interpreted in accordance with the laws
of the State of Minnesota.
10.6The waiver by the parties of any breach of any term, covenant, or condition herein
contained, shall not be deemed to be a waiver of any subsequent breach of same or any
other term, covenant, or condition herein contained.
10.7 Notice provided for herein shall be sufficient if sent by the regular United States mail,
postage prepaid, or personal service as indicated below or to such other respective
persons or addresses as the parties may designate to each other in writing from time to
time:
10.7.1 Noticesto the City shall be addressed to:
Director of Public Safety
Fridley Police Department
7071 University Ave NE
Fridley, Minnesota 55432
10.7.2 Notices to the School District shall be addressed to:
Superintendent
Northeast Metro 916 Intermediate School District
2540 County Road F East
White Bear Lake, Minnesota 55110
10.8 This Agreement may be executed in separate counterparts with the same effect as if all
signatures were on the same Agreement.
10.9 For purposes of this Agreement, a telecopy or facsimile document and signature shall be
deemed as, and shall serve as, an original Agreement and signature.
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10.10 This Agreement embodies the entire understanding of the parties and there are no
further or other agreements, permits, or understandings, written or oral, in effect
between the parties relating to the subject matter hereof.
10.11 The understandings of Paragraph 10.10above shall also extend to any uncommunicated
expectations the parties may have and not specifically mentioned in this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and date shown
below.
th
DATED this 10day of May,2021
CITY OF FRIDLEY
By______________________________
Scott Lund, Mayor
Attest: ______________________________
Daniel Tienter, city clerk
At the direction of the City Council of the
City of Fridley at an open public meeting
on May 10, 2021
DATED this _____ day of __________ 20__
NORTHEAST METRO 916 INTERMEDIATE
SCHOOL DISTRICT
By______________________________
Connie S. Hayes, Superintendent
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AGENDA REPORT
Meeting Date: May 10, 2021 Meeting Type: City Council
Submitted By: Walter T. Wysopal, City Manager
Deborah Dahl, Director of Community Services and Employee Resources
Daniel J. Tienter, Director of Finance/City Treasurer/City Clerk
Title
Resolution No. 2021-40, Confirming the Organizational Structure of the City of Fridley
Background
The Fridley City Charter (Charter) generally establishes the authority of the City Manager to control the
administrative affairs of the City of Fridley (City). Per the Section 6.03 of the Charter and Section 2.02 of
the Fridley City Code, the City Council, upon the recommendation of the City Manager, may modify the
organizational structure of the City by resolution (Ordinance No. 1358). The City Manager also possesses
the authority to appoint, create and remove the positions necessary to complete the duties assigned to
any authorized departments.
Following the announced retirement of the Director of Community Services and Employee Resources
(CSER), the City Manager initiated a review of the CSER Department to consider alternative service
delivery models. Following a series of internal meetings, the City Manager identified a need for a
modified organizational structure, primarily to expand the services provided by the Employee Resources
Division and to focus on the pending Park System Master Plan.
As outlined in Exhibit A, the CSER Department would be divided into two departments: 1) a Community
Services Department responsible for park and recreation activities, including the Springbrook Nature
Center; and 2) the Employee Resources Department. Both Department Directors would report to the
City Manager. The Communications and Engagement Division would be reassigned to the City
Management Department and renamed the Communications and Engagement Division reflecting the
reassignment of community engagement activities.
As an accounting matter, the budget for the Employee Resources Department as well as the
Communications and Engagement Division will be assigned to the City Management Department and
the CSER Department will transition to the Community Services Department, consistent with the similar
practices prior to the formation of the CSER Department. Generally, these organizational and accounting
modifications will serve the best interests of the City and provide for more efficient and effective service
delivery.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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In a corollary discussion, the City Manager also recognized the need to appoint a designee to serve in
their absence, if needed. Pursuant to Section 6.02 of the Charter, this agenda report shall provide written
notice to the City Council of the designation of Daniel Tienter, Director of Finance/City Treasurer/City
Clerk, to serve as Acting City Manager, if needed or when assigned by the City Manager.
Financial Impact
Staff estimate the cost of these modifications in organizational structure at approximately $18,300.
While the Adopted 2021 Budget did not anticipate this additional, ongoing cost, the City will identify
budget offsets in the applicable departments and divisions to accommodate the changes.
Recommendation
Staff recommend approval of Resolution No. 2021-40.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods & Places Community Identity & Relationship Building
Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship
X Organizational Excellence
Attachments and Other Resources
!Resolution No. 2021-40
!Exhibit A: Organizational Structure of Applicable Departments and Divisions
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2021-40
Confirming the Organizational Structure of the City of Fridley
Whereas, Section 6.03 of the Fridley City Charter empowers the City Council to create offices,
departments, divisions and bureaus for the administration of City affairs; and
Whereas, Section 2.02 of the Fridley City Code authorizes the City Manager to develop and
maintain the organizational structure that best meets the needs of the City; and
Whereas, the City Council must confirm the organizational structure as recommended by the City
Manager by resolution; and
Whereas, the City Manager finds and recommends the organizational structure as described in
Exhibit A best meets the needs of the City.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves and
confirms the recommendation of the City Manager regarding the organizational structure of the
City as described in Exhibit A, effective May 21, 2021.
th
Passed and adopted by the City Council of the City of Fridley this 10 day of May, 2021.
_______________________________________
Scott J. Lund Mayor
ATTEST:
Daniel Tienter City Clerk
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!
Department
Public Safety
As of May 21, 2021
Department
Public Works
Recommended Changes Outlined in Gold
Finance
Department
City
City Council
Department
Management
Employee
Resources
Department
Services
Community
Department
Community
Department
Development
Exhibit A ORGANIZATIONAL CHART General
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!
As of May 21, 2021
Legal Division
-
Recommended Changes Outlined in Gold
Non
Division
Departmental
City
Division
Reserves
City Council
Emergency
Department
Management
Division
Communications
and Engagement
Department
Office
Management
City Manager's
ORGANIZATIONAL CHART City
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!
As of May 21, 2021
Recommended Changes Outlined in Gold
Division
Springbrook
Nature Center
Services
Department
Community
Department
City Management
Division
Parks and
Recreation
s Department
ORGANIZATIONAL CHART Community Service
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!
As of May 21, 2021
Recommended Changes Outlined in Gold
Employee Employee
Resources
Department
Department
City Management
Resources Division
ORGANIZATIONAL CHART Employee Resources Department
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AGENDA REPORT
Meeting Date: May 10, 2021 Meeting Type: City Council
Submitted By: Roberta Collins, Assistant to the City Manager
Title
Approve Claim Nos. 192599 - 192737
Background
Attached is the Claims Report for the payment dates of April 22 through May 5, 2021.
Financial Impact
Included in the budget.
Recommendation
Approve Claim Nos. 192599 - 192737
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods & Places Community Identity & Relationship Building
x Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
!City Council Claims Report
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date: May 10, 2021 Meeting Type: City Council
Submitted By: Melissa Moore, Administrative Services Coordinator/Deputy City Clerk
Daniel Tienter, Director of Finance/City Treasurer/City Clerk
Title
Public Hearing for Ordinance No. 1386, Proposed Amendment to the Fridley City Charter Chapter 12
Background
The City Charter (Charter) is the fundamental law that defines the authorities and powers of the City of
Fridley (City). Minnesota Statute § 410.05 authorizes the establishment of a Charter Commission
(Commission) comprised of 15 court-appointed residents who meet approximately six times per year to
discuss and refine the Charter in response to the needs of the community. Minnesota Statute § 410.12,
subd. 7 allows for an amendment to the Charter by ordinance upon the recommendation of the
Commission. The recommended amendments to Chapter 12 were compiled into Ordinance No. 1386
(Exhibit A), making the Chapter more consistent with Minnesota Statute and providing continuity with
other Charter sections.
In summary, the recommended Charter amendment includes the following changes by section:
!Section 12.01, directs that any official publications and notices shall also be posted on the City
website;
!Section 12.03, revises the Oath of Office for City officers;
!Section 12.04, reorganizes the section,and mirrors
language from various laws and regulations;
!Section 12.05, provides for an annual notice to the Council regarding bond amounts for each
City office;
!Section 12.06, directs that any sale of real property shall require a public hearing;
!Section 12.07, reflects State law regarding the vacation of streets; and
!Sections 12.08 and 12.09, removes these sections as Minnesota Statute § 466 controls tort
liability for the City.
Passage of a Charter amendment must follow timelines according to the Charter itself and State law.
Assuming the Council continues to advance the recommended amendment, staff anticipate the
following schedule:
!April 5, 2021, the Commission formally recommended the Charter amendment to the Council;
!April 12, 2021, the Council called for a public hearing on May 10, 2021 (Resolution No. 2021-25);
!April 30, 2021, the Public Hearing Notice published in the Official Publication (Exhibit B);
!May 10, 2021, the Council conducts the public hearing on Ordinance No. 1386;
!May 24, 2021, the Council conducts the first reading of Ordinance No. 1386;
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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!June 14, 2021, the Council conducts the second reading of and approves Ordinance No. 1386;
!June 18, 2021, staff publish Ordinance No. 1386 in the Official Publication;
!September 16, 2021, an ordinance amending a city charter shall
not become effective until 90 days after pa
Financial Impact
None.
Recommendation
Staff recommend a motion to conduct a public hearing on Ordinance No. 1386, Proposed Amendment
to the Fridley City Charter Chapter 12.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods & Places Community Identity & Relationship Building
Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship
X Organizational Excellence
Attachments and Other Resources
!Exhibit A: Ordinance No. 1386
!Exhibit B: Affidavit of Publication
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Exhibit A
Ordinance No. 1386
Amending the Fridley City Charter Entitled Miscellaneous Provisions
The Fridley City Charter Commission has completed its review of Fridley City Charter Chapter 12
and has recommended an amendment of the City Charter by Ordinance to the City Council on
\[Date\]. The Fridley City Council hereby finds after review, examination and recommendation of
the Charter Commission that the Fridley City Charter should be hereby amended and the City of
Fridley does ordain:
FRIDLEY CITY CHARTER
CHAPTER 12. MISCELLANEOUS PROVISIONS
Section 12.01. OFFICIAL PUBLICATIONS
The City Council shall regulate by ordinance, subject to the requirements of this Charter, the manner
in which official publicity shall be given to the holding of elections, ordinances, resolutions, requests
for bids upon contemplated purchases and contracts, and all other matters whatsoever which require
publication either by the provisions of this Charter or by the laws of Minnesota. It shall annually
designate a legal newspaper of general circulation in the City as the official newspaper in which shall
be published such measures and matters as are by the laws of this State and this Charter required to
be so published, and such other matters as the City Council may deem it advisable and in the public
interest to have published in this manner.
At its discretion, the City Council may also provide for the publication of important Ccity information
including but not limited to the annual budget, ordinances, and resolutions. Such publication may
be done by mailing or posting of printed copies thereof upon bulletin boards located in public places
of the City in such number and for such period of time as the City Council may direct in each case. In
addition to publication by mailing or posting required above, such notices shall also be posted on
the City website. In addition, the City Council may use electronic means for publication. Nothing
herein contained shall be construed as authorizing or attempting to authorize any violation of the
Constitution or the Statutes of the State in any matter which is of State concern or which is exclusively
under State control. (Ref Ord 1310)
Section 12.02. PUBLICITY OF RECORDS
All records and accounts of every office, department or agency of the City shall be open to inspection
in accordance with the Minnesota Government Data Practices Act.
Section 12.03. OATH OF OFFICE
Every officer of the City shall, before entering upon the duties of the office, take and subscribe an
oath of office in substantially
Constitution of the United States, the Constitution of the State of Minnesota, the Fridley City
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Exhibit A
Charter and City Code; and to discharge faithfully the duties entrusted upon me as \[Official Title\]
support the Constitution of the United States and of the State of Minnesota and to discharge
faithfully the duties devolving upon me as (Mayor, or Councilmember, or City Manager, etc.) of this
City to the best of my judgement and ability." (Ref. Ord. 857)
Section 12.04. CITY OFFICERS NOT TO ACCEPT FAVORS OR CONTRACTS
With the exception of lawful compensation, including authorized expenditures or salary as such
member of the City Council or as such employee no member of the City Council or employee of the
City shall:
1. Ssolicit or receive from any interested person any:
pay;
commission;
money; or
thing of value included but not limited to:
o any pass;
o frank;
o free ticket;
o free service; or
o or any other favor upon terms more favorable than those granted the general
public.
2. Dderive any profit, directly or indirectly, from or by reason of:
any improvement;
alteration or repair required by authority of the City; or
or any contract to which the City shall be a party.
No member of the City Council or employee of the City, except as otherwise provided in this Charter,
or by law, shall solicit, accept or receive, directly or indirectly, from any public utility corporation or
the owner of any public utility or franchise:
A violation of any of the provisions of this Section shall disqualify the offender,if found guilty, from
continuing in office or in the employment of the City, and the offender shall be removed therefrom.
A violation of any of the provisions of this Section may subject the offender to disciplinary procedures
pursuant to all applicable laws, rules, and regulations, up to and including termination from
employment with the City. Any contract with the City in which any member of the City Council or
employee of the City is, or becomes, directly or indirectly interested personally shall be voidable at
the option of the City Council; and any money which shall have been paid on such contract by the
City may be recovered from any or all of the persons interested therein by joint or several action.
(Ref. Ord. 857)
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Exhibit A
Section 12.05. OFFICIAL BONDS
The offices of City Manager, the City Clerk and City Treasurer and such other officers or employees
of the City, as may be provided for by ordinance, shall each, before entering upon the duties of their
respective offices or employment, give a corporate surety bond to the City in such form and in such
amount as may be fixed by the City Council as security for the faithful performance of their respective
official duties and the safekeeping of the public funds. Such bonds shall be approved by the City
Council and approved as to form by the City Attorney. They shall be filed with the Secretary of the
Council. In the event the Secretary of the Council holds more than one (1) office by appointment,
the Secretary's bond or bonds shall be filed with the Mayor. The provisions of the laws of the State
relating to official bonds, not inconsistent with this Charter, shall be complied with. The premiums
on the corporate surety bonds hereinbefore provided for shall be paid by the City.
A copy of the list and amount of the bonds for each office as outlined above, shall be provided to
the City Council on an annual basis for reference purposes. (Ref. Ord. 857)
Section 12.06. SALES OF REAL PROPERTY
No real property of the City shall be sold or disposed of except by ordinance. No real property of the
City shall be sold or disposed of except after conducting a public hearing on such sale. The City shall
provide notice in the Official Publication ten days before conducting a public hearing. The proceeds
of any such sale shall be used as far as possible to retire any outstanding indebtedness incurred by
the City in the purchase, construction, or improvement of this or other property used for the same
public purpose; but if there be no such outstanding indebtedness, then the City Council may by a
resolution adopted by an affirmative vote of at least four (4) members of the City Council designate
some other public use for such proceeds.
Section 12.07. VACATION OF STREETS
The Council shall have the exclusive power, by resolution passed by a vote of at least four (4)
members of the Council, to vacate or discontinue highways, streets, easements, and alleys within the
City. Such vacations may be made only after notice and hearing of affected property owners, and
upon such further terms and by such procedure as the Council may by ordinance prescribe. A record
of each such vacation shall be filed in the office of the Anoka County Recorder. (Ref. Ord. 592, Ord.
1090)
The City Council shall have the exclusive power to vacate or discontinue highways, streets, easements,
alleys, and all other interests held in trust for the public, in accordance with the procedures outlined
in State law, except that all vacations thereunder shall require an affirmative vote of four-fifths of all
members of the City Council.
Section 12.08. DAMAGE SUITS
1. No action shall be maintained against the City on account of any injuries or damages to
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Exhibit A
persons or property, unless such action shall be commenced within one (1) year from the
occurrence of such injury or damage, nor unless notice shall have been given in writing as
required by Minnesota Statutes. (Ref. Ord. 873)
2. No action shall be maintained against the City on account of injuries or damages to persons
or property resulting from or caused by any accumulation or deposit of ice or snow on any
public street, sidewalk, building, or place.
Section 12.09. RECOVERY OF JUDGEMENT FOR DAMAGES
If any judgement shall be recovered in any action against the City for any injury or damage caused
by any obstruction, excavation, opening or defect in any street or alley or public ground caused or
occasioned by the act or omission of any person or corporation, the City shall have the right to
recover the amount of any such judgement from the person or corporation so responsible for such
obstruction, excavation, opening or defect; and such person or corporation is hereby declared to be
liable to the City in the amount of such damages, provided, however, the City shall give such person
or corporation notice of any claim for such injury or damage and of any action to recover for the
same and shall give such person or corporation the right and reasonable opportunity to defend such
action.
Section 12.1008. CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF FORMER MUNICIPALITY
The City of Fridley shall remain vested with and continue to have, hold and enjoy all property,
property rights, rights of action, and rights of every kind, privileges and immunities now belonging
to or pertaining to the Village of Fridley., and The City shall be subject to all liabilities which exist
against said Village on the effective date of this Charter.
Section 12.1109. APPLICATION OF GENERAL LAWS
All general laws and statutes of the State applicable to all cities operating under home rule Charters,
or applicable to cities of the same class as the City of Fridley operating under home rule Charters,
and not inconsistent with the provisions of this Charter, shall apply to the City of Fridley and shall be
construed as supplementary to the provisions of this Charter. The City shall have all powers and
authority granted by the laws of the State to municipalities to acquire property or exercise authority
or powers beyond the corporate limits. All powers by this Section conferred shall be exercised
conformably to this Charter so far as may be possible, and such authority and power shall not
authorize the City to incur any bonded debt beyond the limitations, or in any other manner than
authorized by this Charter.
Nothing herein contained shall be construed as authorizing or attempting to authorize any violation
of the Constitution or the Statutes of the State in any matter which is of State concern or which is
exclusively under State control.
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Exhibit A
Section 12.1210. EXISTING ORDINANCES, REGULATIONS, BOARDS AND COMMISSIONS
CONTINUED
All ordinances, regulations, boards and commissions of the municipality in force and existing when
this Charter takes effect, and not inconsistent with the provisions hereof, are hereby continued in full
force and effect until amended, repealed, vacated or abolished.
Section 12.1311. PENDING CONDEMNATIONS AND ASSESSMENTS
Any proceeding for condemnation for public improvement or assessment in progress when this
Charter takes effect shall be continued and completed under the laws under which such proceedings
were begun. All assessments made by the Village prior to the time when this Charter takes effect
shall be collected and the lien thereof enforced in the same manner as if this Charter had not been
adopted.
Passed and adopted by the City Council of the City of Fridley on this \[X\] day of \[Month\], \[Year\].
______________________________________
Scott J. Lund - Mayor
______________________________________
Daniel Tienter - City Clerk
Public Hearing: May 10, 2021
First Reading:
Second Reading:
Publication:
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