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06-27-2022 CITY COUNCIL MEETING June 27, 2022 7:00 PM Fridley Civic Center -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.July 1, 2022 APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES 2.Approve the Minutes from the City Council Meeting of June 13, 2022 3.Receive the Minutes from the City Council Conference Meeting of June 13, 2022 4.Receive the Minutes from the Planning Commission Meeting of June 15, 2022 NEW BUSINESS 5.Resolution No. 2022-75, Approving Revised 2021 Budget Reappropriation 6.Resolution No. 2022-76, Approving Gifts, Donations and Sponsorships Received Between May 14, 2022 and June 17, 2022 7.Resolution No. 2022-77, Approving Plat, PS #22-02, by the City of Fridley for the Property Located at 690 Cheri Lane N.E. 8.Resolution No. 2022-79, Updating City Appointments and Designations CLAIMS 2 City Council Meeting 6/27/2022 Agenda Page 2 9. Resolution No. 2022-74, Approving Claims for the Period Ending June 22, 2022 ADOPTION OF REGULAR AGENDA OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. REGULAR AGENDA ITEMS PUBLIC HEARING(S) 10. Ordinance No. 1403, Public Hearing and First Reading to Consider Amending the Fridley City Code Chapters Titled Administration, Personnel, Background Investigations, Administrative Citations, Penalties, Ordinance Enforcement, Reasonable Accommodation, Assessments, Absentee Ballot Board, Fees, and Flags NEW BUSINESS 11. Resolution No. 2022-78, Approving a Joint Powers Agreement with the City of Columbia Heights for the 53rd Avenue Trail and Walk Improvements Project 12. Resolution No. 2022-80, Approving Temporary Intoxicating Liquor Permit for Abigail Kosberg for an Event to be Held at the North Suburban Center for the Arts on July 16, 2022 INFORMAL STATUS REPORTS ADJOURN 3 Jufn!2/ AGENDA REPORT Meeting Date:June 27, 2022 Meeting Type:City Council Submitted By:Roberta Collins, Administrative Assistant to the City Manager Title July 1, 2022 Background and the Fridley Women of Today organizations to recognize the many community activities of dedicated women in the City of Fridley and across the state. Financial Impact None. Recommendation Focus on Fridley Strategic Alignment Vibrant Neighborhoods &Places X Community Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!2/ _____________________________________________________________________________ _~r{p|pƒx~} ___________________________________________________________________________ JULY 1, 2022 WHEREAS,the Minnesota Women of Today and the Fridley Women of Today have set aside July 1 to recognize the many community activities of dedicated Women of Today members across the state; and WHEREAS,the Minnesota Women of Today is an organization of over 800 women in 50 communitiesacross the state; and WHEREAS, the Minnesota Women of Today and the Fridley Women of Today are dedicated to actively promoting such public awareness and service programs as: Free Books for Youth at the County Community Assistance (SACA)Food Drive;Fridley School Supply Drive; Adopt-a-Highway;Adopt-a-Park; and their priority area, Crescent Cove, a hospice for youth; and WHEREAS, the Minnesota Women of Today and the Fridley Women of Today provide opportunities for personal enrichment and leadership training; and WHEREAS, Through us,great lessons can be learned, worthy deeds performed, and a hand of fellowship extended to millions of women everywhere, and \[that we can\] NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim July 1, 2022, as in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of th Fridley to be affixed this 27day of June 2022. ____________________________________ Scott J. Lund Mayor 5 Jufn!3/ AGENDA REPORT Meeting Date:June 27, 2022 Meeting Type:City Council Submitted By:Roberta S. Collins, Assistant to the City Manager Title Approve the Minutes from the City Council Meeting ofJune 13, 2022 Background Attached are the minutes from the City Council meeting ofJune 13, 2022. Financial Impact None. Recommendation Approve the minutes from the City Council meeting ofJune 13, 2022. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Meeting of June 13, 2022 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 6 Jufn!3/ CITY COUNCIL MEETING June 13,2022 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. MINUTES CALL TO ORDER Mayor Lund called the City Council Meeting of June 13,2022, to order at 7:00 p.m. PRESENT Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Stephen Eggert Councilmember Ann Bolkcom Walter Wysopal, City Manager Scott Hickok, Community Development Director Sarah Sonsalla, City Attorney PLEDGE OF ALLEGIANCE PROCLAMATIONS/PRESENTATIONS 1.Proclamation: Mike Heintz Appreciation Day July 1, 2022 Mayor Lund presented Mike Heintz with the proclamation and thanked him for his years of service. Mike Heintz stated that he enjoyed his time serving on the City Commissions and hoped the momentum continues to grow for the Parks Improvement Plan. APPROVAL OF PROPOSED CONSENT AGENDA A member of the Council asked if Item 8 should reflect Northeast rather than Northwest. It was noted that staff would clarify which word should be used. Motion made by CouncilmemberEggertto adopt the proposed Consent Agenda.Seconded by CouncilmemberOstwald. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLAREDTHE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES 2.Approve the Minutes from the City Council Meeting of May 23,2022. 7 Jufn!3/ City Council Meeting 6/13/2022 Minutes Page 2 3. Receive the Minutes from the City Council Conference Meeting of May 23, 2022. 4. Receive the Minutes from the Housing and Redevelopment Authority Meeting of May 5, 2022. NEW BUSINESS 5. Resolution No. 2022-59 Scheduling a Public Hearing on June 27, 2022 to Consider Ordinance No. 1403 Amending the Fridley City Code Chapters Titled Administration, Personnel, Background Investigations, Administrative Citations, Penalties, Ordinance Enforcement, Reasonable Accommodation, Assessments, Absentee Ballot Board, Fees, and Flags. 6. Resolution No 2022-60, Approving the Appointment of a Chairperson to the Parks and Recreation Commission. 7. Resolution No. 2022-61, Giving Preliminary Approval to the Issuance of Multifamily Housing Facility Revenue Bonds to Finance a Multifamily Housing Project and Authorizing the Publication of a Notice of Public Hearing to Consider the Proposal. 8. Resolution No. 2022-62, Approving and Authorizing the Signing of an Agreement with Northwest Metro 916 Intermediate School District for School Resource Officer Services for 2022-2024. 9. Resolution No. 2022-64, Approving Proposed Limited Use Permits #0205-0101 and #0285-0102 with the State of Minnesota for a Trail in the Minnesota Department of Transportation Right-of-Way along thth 7 Street and 57 Avenue. 10. Resolution No. 2022-66, Appointing Election Judges for the 2022 Election Year. 11. Resolution No. 2022-67, Appointing an Absentee Ballot Board for 2022 Elections. 12. Resolution No. 2022-68, Scheduling a Special Meeting on November 14, 2022 to Canvass the Results of the General Election. 13. Resolution No. 2022-71, Waiving Permit Appli LICENSES 14. Resolution No. 2022-58 Approving Business License Renewal for Copart of Connecticut, Inc. for 2022- 2023 CLAIMS 15. Resolution No. 2022-70 Approving Claims for the Period Ending June 8, 2022. ADOPTION OF REGULAR AGENDA 8 Jufn!3/ City Council Meeting 6/13/2022 Minutes Page 3 Motion made by Councilmember Tillberry to adopt the regular agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. No one from the audience spoke. REGULAR AGENDA ITEMS NEW BUSINESS 16. Resolution No. 2022-63, Awarding 2022 Street Rehabilitation Project No. ST2022-01 Jim Kosluchar, Public Works Director, reviewed the scope of the proposed street rehabilitation project, noting that six responsive bids were received. He reported the low bidder, S.M. Hentges of Jordan Minnesota with a bid of $87,434.60 which was ten percent above the estimate. He noted that asphalt is notably higher than foreseen in 2021 and that assessment should be able to be controlled at 12 percent above projected. Staff recommends award of the project to the lowest responsible bidder. The Council referenced a short street and received confirmation that is not a concrete street. Motion made by Councilmember Ostwald to adopt Resolution No. 2022-63, Awarding 2022 Street Rehabilitation Project No. ST2022-01. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. Resolution No. 2022-65, Providing for the Issuance and Sale of $20,730,000 General Obligation Tax Abatement Bonds, Series 2022A rd Joe Starks, Finance Director, stated that a public hearing was held at the May 23 meeting and the action before the Council tonight would be to issue the sale of the bonds. Dan Tienter, Ehlers and Associates, stated that bids were accepted today and noted that four bids were received and reviewed the results. He stated the City went through a rating review the and rating of the City was confirmed. He stated that the scheduled closing date would be July 7, at which time the funds would become available for the proposed park system improvement projects. Council asked and received confirmation on the total amount that would be repaid for the bonds and interest. Motion made by Councilmember Bolkcom to move into the record a sale day report from Ehlers dated June 13, 2022. Seconded by Councilmember Tillberry. 9 Jufn!3/ City Council Meeting 6/13/2022 Minutes Page 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Motion made by Councilmember Bolkcom to accept the revised Resolution No. 2022-65, Providing for the Issuance and Sale of $20,730,000 General Obligation Tax Abatement Bonds, Series 2022A provided to the Council which will replace the original draft resolution. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Motion made by Councilmember Bolkcom to adopt Resolution No. 2022-65, Providing for the Issuance and Sale of $20,730,000 General Obligation Tax Abatement Bonds, Series 2022A. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. Resolution No. 2022-69, Authorizing the Acquisition of Right-of-Way Consistent with State Law for rd the 53 Avenue Safety Project Jim Kosluchar, Public Works Director, presented a request to complete the design for the layout of the rd proposed 53 Avenue Safety Project. He noted that staff has made an attempt to reduce the needed right-of-way where possible. He noted that the project is proposed to occur in 2023. Council asked if the trail is a part of the project, and staff confirmed that there would be a trail on the south that would be a separate project that could include additional lighting. Staff also confirmed that there would be surmountable curb to allow additional maneuvering room for semitrucks. It was confirmed that there would continue to be a two-lane road with a turn lane into the shopping center. It was also confirmed that a traffic analysis was completed for the intersection and there is sufficient stacking space. Motion made by Councilmember Tillberry to adopt Resolution No. 2022-69, Authorizing the Acquisition rd of Right-of-Way Consistent with State Law for the 53 Avenue Safety Project. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMAL STATUS REPORTS The Council noted that begins with a parade on Thursday with more activities throughout the weekend. Mike Maher, Community Services Director, highlighted the upcoming events included in . : Jufn!3/ City Council Meeting 6/13/2022 Minutes Page 5 A member of the Council noted that three residents have reached out with traffic and speed concerns on East River Road. ADJOURN Motion made by Councilmember Ostwald to adjourn. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:37 P.M. Respectfully Submitted, Melissa Moore Scott J. Lund City Clerk Mayor 21 Jufn!4/ AGENDA REPORT Meeting Date:June 27, 2022 Meeting Type:City Council Submitted By:Roberta S. Collins, Assistant to the City Manager Title Receive the Minutes from the City Council Conference Meeting of June 13,2022 Background Attached are the minutes from the City Council conference meeting of June 13,2022. Financial Impact None. Recommendation Receive the minutes from the City Council conference meeting of June 13,2022. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Conference Meeting of June 13, 2022 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 22 Jufn!4/ COUNCIL CONFERENCE MEETING June 13, 2022 5:30PM Fridley Civic Campus, 7071 University Avenue N.E. MINUTES PRESENT Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Stephen Eggert Councilmember Ann Bolkcom Walter Wysopal, City Manager Jim Kosluchar, Public Works Director/Engineer Joe Starks, Finance Director Mike Maher, Community Services Director Paul Bolin Assistant HRA Director Melissa Moore, City Clerk Trent Homard, City Manager Intern ITEMS FORDISCUSSION 1.On-Street Parking Analysis and Considerations. Trent Homard, City Manager Intern, presented and explained the results of the on-street parking analysis and considerations. Council and staff discussed the issue. 2.Discussion Regarding Locke Park. Council and staff discussed the issues and visions for Locke Park. 3.Discussion of Conduit Financing of Multifamily Housing Project. Staff outlined and explained the project proposed by Roers Companies as they apply for financing the potential acquisition and rehabilitation of Moon Plaza in Fridley. 4.Tax Abatement BondsDiscussion. Joe Starks, Finance Director, discussed the issuance of General Obligation Tax Abatement Bonds for financing a portion of the Park System Improvement Plan, outlined the steps that would be involved. 23 Jufn!5/ AGENDA REPORT Meeting Date:June 27, 2022 Meeting Type:City Council Submitted By:Julie Beberg, Office Coordinator Title Receive the Minutes from the Planning Commission Meeting ofJune 15, 2022 Background Attached are the Minutes from theJune15, 2022, Planning Commission Meeting. Financial Impact None Recommendation Staff recommended the City Council receive theJune 15, 2022, Planning Commission Minutes. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Planning Commission Minutes June 15, 2022 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 24 Jufn!5/ PLANNING COMMISSION June 15,2022 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. MINUTES CALL TO ORDER Chair Hansencalled the Planning Commission Meeting to order at 7:00 p.m. PRESENT Mike Heintz Amy Dritz Ryan Evanson Mark Hansen Terry McClellan Stacy Stromberg, Planning Manager APPROVAL OF MEETING MINUTES 1.Approve March 16,2022, Planning Commission Minutes Motionby Commissioner Evansonto approve the minutes. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR HANSEN DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING 2.Consideration of a Public Hearing for a Plat (PS #22-02) by the City of Fridley Motionby Commissioner Evansonto open the public hearing. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR HANSEN DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:01P.M. Stacy Stromberg, Planning Manager, presented a plat request for the property at 690 Cheri Lane submitted by the City of Fridley to create two outlots to retained by the City for park use and utility purposes as well as dedication of right-of-way. The Commission inquired about a shed that was previously on the property and was removed. It was noted that there are no plans for the properties at this time other than identifying the purposes of park, 25 Jufn!5/ Planning Commission 6/15/2022 Minutes Page 2 utility, and right-of-way. Staff noted that Target deeded the land to the City with a deed restriction which prevents other private uses of the property. A resident inquired about zoning of the property and provided input on the manmade path through the property to Target. Motion by Commissioner McClellan to close the public hearing. Seconded by Commissioner Evanson. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR HANSEN DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:22 P.M. The Commission asked that any language changes needed be cleared up prior to the Council meeting. Ms. Stromberg stated that the zoning will remain public, and staff will address any needed language changes. She noted that the fence mentioned is owned by Target. Motion by Commissioner Evanson approving the replat request. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR HANSEN DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS Ms. Stromberg recognized Commissioner Heintz for his service on the Park Commission and Planning Commission, noting that this is his last meeting. She also provided an update on recent Council action on planning recommendations. She highlighted upcoming events and provided an update on development interest and activity. ADJOURNMENT Motion by Commissioner Heintz to adjourn the meeting. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR HANSEN DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:35 P.M. Respectfully submitted, Amanda Staple, Recording Secretary 26 Jufn!6/ AGENDA REPORT Meeting Date:June 27, 2022 Meeting Type:City Council Submitted By:Joe Starks, Finance Director Korrie Johnson, Assistant Finance Director Title Resolution No. 2022-75, Approving Revised 2021 Budget Reappropriation Background The City Charter (Charter) establishes certain processes for the preparation, passage, enforcement,and alteration of the annual and revised budgets. Specifically, Section 7.07 of the Charter authorizes the City Council (Council) to increase expenditures under two circumstances: 1) when actual revenues exceed estimated revenues; and/or 2) by identifyingoffsetting decreases in other areas of the budget. In order to maintain compliance with this section of the Charter, and minimize the need for subsequent reappropriations, the Council annually adopts a revised budget in December. As part of the preparations of the Annual Comprehensive Financial Report (ACFR), staff typically identify other areas requiring further revisions or reappropriations, which are typically presented to the Council for consideration shortly after the acceptance of the ACFR. As part of this process, staff identified three Special Revenue Funds that require further revision:Solid Waste Abatement, Springbrook Nature Center (SNC),and one General Fund department, Public Safety. In 2021,the actual expenditures for the Solid Waste Abatement Fund exceeded the revised budget by $22,497. However, for the same reporting period, the actual revenues for the fund exceeded budget by$9,117. Given these amounts, staff recommend the Council increase the expenditures budget by $22,497 to $567,267 for 2021 using the additional revenues as authorized by the Charter and covering the remaining through fund balance. In 2021, the actual expenditures for theSNC Fundexceeded the revised budget by$10,873. However, for the same reporting period, the actual revenues for the SNC exceeded budget by$27,397. Given these amounts, staff recommend the Council increase the expenditures budget by $10,873 to $589,773 for 2021 using the additional revenues as authorized by the Charter. In 2021, the actual expenditures for the General Fund Public Safety Department exceed the revised budget by$33,523. However, for the same reporting period, the actual revenues for the Public Safety exceed the revised budgetby$200,349. Given these amounts, staff recommend the Council increase Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 27 Jufn!6/ the expenditures budget by $33,523 to $9,005,533 for 2021 using the additional revenues as authorized by the Charter. Financial Impact Above and included in attached resolution. Recommendation Staff recommend approval of Resolution No. 2022-75. 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 !Resolution No. 2022-75 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 28 Jufn!6/ Resolution No. 2022-75 Approving Revised 2021 Budget Reappropriation Whereas, the Fridley City Charter (Charter) establishes certain processes for the preparation, passage, enforcement and alternation to the annual budget; and Whereas, Section 7.07 of the Charter authorizes the Fridley City Council (Council) to increase expenditures under two circumstances: 1) when actual revenues exceed estimated revenues; and 2) by identifying offsetting decreases in other areas of the budget; and Whereas, for the Fiscal Year ending December 31, 2021, staff identified three Special Revenue Funds requiring reappropriation subject to the Section 7.07 of the Charter; and Whereas, the Solid Waste Abatement Fund has sufficient fund balance to cover the overage of expenditures pending reimbursement from Comcast Cable Communications, LLC.; and Whereas, the General Fund/Public Safety Department and Springbrook Nature Center Funds receipted revenues to support additional expenditures beyond those fixed in the 2021 budget resolutions. Therefore, be it resolved, that the City Council of the City of Fridley hereby approves and authorizes the following amendments to the 2021 Budget. Type Department/Division Category Debit Credit Expenditure Solid Waste Abatement Contractual Services 22,497 Equity Solid Waste Abatement Fund Balance 22,497 Expenditure Springbrook Nature Center Contractual Services 10,873 Revenue Springbrook Nature Center Program Revenue 10,873 Payments to Other Expenditure GF/Public Safety Agencies 33,523 Payments from Other Revenue GF/Public Safety Agencies 33,523 Passed and adopted by the City Council of the City of Fridley this 27th day of June, 2022. _______________________________________ Scott J. Lund Mayor Attest: ________________________________________ Melissa Moore City Clerk 29 Jufn!7/ AGENDA REPORT Meeting Date:June 27, 2022 Meeting Type:City Council Submitted By:Korrie Johnson, AssistantFinance Director Title Resolution No. 2022-76, ApprovingGifts, Donations and Sponsorships Received Between May 14, 2022 and June 17, 2022 Background Each month, the City of Fridley (City) receives various donations and gifts to support City operations, programs and projects. Pursuant to Minnesota Statute § 465.03, the City may accept these donations and gifts for the benefit of residents. For specific donations or gifts, the donor may prescribe certain requirements, such as for a specific activity or department. Consistent with the abovementioned statute, staff prepared Schedule No. 1 (ExhibitA), which outlines the various donations, gifts and/or sponsorships received by the City betweenMay 14, 2022 and June 17, 2022.To accept the same, the Council must adopt the attached resolution by a twothird majority vote. Lastly, for each donation, gift or sponsorship, staff ensure it meets anidentified need, does not create a quidproquo or longterm maintenance obligation, and the donor received an acknowledgment of their gift through a letter or publication. Financial Impact Recommendation Staff recommend the approval of Resolution No. 2022-76. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2022-76 Exhibit A: Schedule No. 1 Vision Statement We believe Fridley will bea safe, vibrant, friendly and stable home for families and businesses. 2: Jufn!7/ Resolution No. 2022-76 Approving Gifts, Donations and Sponsorships for the City of Fridley Whereas, throughout the year the City of Fridley (City) receives various gifts and donations; and Whereas, the City is sincerely grateful for the support it receives from an array of organizations and individuals; and Whereas, without this support, the continuation of different events or programs would be difficult to sustain; and Whereas, the attached schedule (Exhibit A) lists all of the donations and gifts received by various City departments between May 14, 2022 and June 17, 2022; and Whereas, all of the items listed on the attached schedule (Exhibit A) are required to be accepted by the City Council by a two-thirds majority vote; and Whereas, all items have been determined to be donated free of any quid-pro-quo expectation by the donor. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves and accepts the various donations, gifts and sponsorships made between May 14, 2022 and June 17, 2022. Passed and adopted by the City Council of the City of Fridley this 27th day of June, 2022. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 31 Gifts, Donations, and Sponsorships - City of FridleySchedule No. 1 Jufn!7/ Date Department or Donor Name, Amount/ ProgramFund ReceivedDivisionif not anonymousValue 12/16/2021SNCGeneral DonationLynn Prybella$100.00270 12/16/2021SNCGeneral DonationJames Sovada$50.00270 12/28/2021Public SafetyNight to Unite Donation (For 2022 Supplies)MINCO$1,000.00101 12/30/2021SNCReimbursement of Grant PurchasesSpringbrook Foundation$15,136.39270 Donation to FPD Canine Unit 1/12/2022Public SafetyMary Schuster, Barbara Nelson, Susan Klous$200.00101 (2110-31) 1/21/2022SNCDonationDonation box$80.00270 1/28/2022Public Safety - FireDonation to Fire Victims or for other needsSpring Lake Park Lions$2,500.00101-2190 2/3/2022Public Safety - FireCash Donation for Car SeatsRenee Stevens$30.00101-2190 2/7/2022Public Safety - FireNight Lights for Home Inspection ProgramXcel Energy$350.00101-2190 2/9/2022Public WorksDonation for traffic safety upgradesRotary Club of Columbia Heights$8,000.00101 2/9/2022Public WorksDonation for traffic safety upgradesFridley ISD#14$2,000.00101 2/18/2022SNCDonationVanguard Marketing$100.00270 2/18/2022Liquor StoresDonation for fruit trees at the ParkletMMBA$300.00609 3/30/2022SNCDonationDonation Box Contents$157.00270 3/30/2022SNCDonationRasmussen-Northeast Bank Foundation$250.00270 4/11/2022Community ServicesBike Helmets for Recreation programsSLP Lions$1,300.00410 4/29/2022SNCDonation Box ContentsVarious$95.00270 5/6/2022SNCDonationDonation from Katherine M Mrozek$120.00270 5/11/2022Public SafetyDonation of funds for Shop With a Cop ProgramWal-Mart$4,000.00101 5/20/2022SNC Donation Box ContentsVarious$115.00270 5/27/2022SNCDonation Box ContentsVarious$33.00270 6/10/2022SNCMigration Celebration SponsorshipSNC Foundation$1,500.00270 6/10/2022SNCBench & Picnic Table Sponsor ReimbursementSNC Foundation$3,713.75270 6/10/2022SNCDonation Box ContentsVarious$50.00270 6/10/2022ParksDonation for park benchJean Sederstrom$2,500.00101 6/10/2022SNCSNC Green roofSpringbrook Foundation $24,000.00270 Year to Date Total$67,680.14 32 Jufn!8/ AGENDA REPORT Meeting Date:June 27, 2022 Meeting Type:City Council Submitted By:Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Title Resolution No. 2022-77,Approving Plat, PS #22-02,by the City of Fridleyfor the Property Located at 690 Cheri Lane N.E. Background The Cityof Fridley (City)is requesting to replat the subject property at 690 Cheri Lane to create two outlots, both to be retained by the City for park and utility purposes. The land was deeded to the City in 1967 from Target. Within the deed was a restriction that limits the use of the property to Park, Right- of-Way, or Utility. As a result of the deed restriction, the City is asking to replat the property to simply designate two outlots. Outlot A (green) will be designated as Park land, Outlot B (blue) is land designated for Utilities, and the yellow lines signify the land used for the Cheri Lane right-of-way. City Planning and Engineering staff have been working on this replat and believe this is the best way to clearly define the parcels and their public uses. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 33 Jufn!8/ Currently there are no plans to develop Outlot A with any park elements or features. Staff anticipate that at some point in the future a portion of the lot may be used to provide stormwater treatment in rd the area and provide an opportunity to construct a trail connection from Cheri Lane to 53 Avenue or the Target property. A Notice of Public Hearing before the Planning Commission was published in the June 3, 2022 edition of the The Planning Commission held a public hearing for PS #22-02 at their June 15, 2022 meeting. After a brief discussion, the Planning Commission recommended approval of Plat. The motion carried unanimously. Financial Impact No financial impact. Recommendation Staff recommends approval of Resolution No. 2022-77. 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 !Resolution No. 2022-77 !Exhibit A: Preliminary Plat Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 34 Jufn!8/ Resolution No. 2022-77 Approving Preliminary Plat, PS #22-02, Petitioned by the City of Fridley for the Property Located at 690 Cheri Lane N.E. Whereas, in 1967 the property located at 690 Cheri Lane N.E. in the City of Fridley (City) was deeded to the City from Target Corporation; and Whereas, the City is required to retain the land for park, utility, or right-of-way purposes; Whereas, upon staff recommendation the City is requesting to replat the property to designate two outlots as Park and Utilities; and Whereas, the Planning Commission held a public hearing for Preliminary Plat, PS #22-02 on June 15, 2022 and recommended approval of said plat; and Whereas, a copy of the preliminary plat for Cheri Park Addition with new legal descriptions is attached as Exhibit A. Now, therefore be it resolved, that the City Council of the City of Fridley approves Preliminary Plat, PS #22-02 and directs the petitioner to prepare the final plat documents to be submitted to the City for approval within six months of the date the City Council approved the preliminary plat or said approval shall become null and void. th Passed and adopted by the City Council of the City of Fridley this 27 day of June, 2022. ______________________________ Scott J. Lund Mayor Attest: _________________________________ Melissa Moore City Clerk 35 Jufn!8/ 36 Jufn!9/ AGENDA REPORT Meeting Date:June 27, 2022 Meeting Type: City Council Submitted By:Melissa Moore, City Clerk Title Resolution No. 2022-79, UpdatingCity Appointments and Designations Background The City of Fridley (City) annually adopts a resolution designatingfinancial and investment partnersand lists those members of staff who are authorized to engage with such entities on behalf of the City. The City will begin engaging in a new financial partnership with USB Investments, Inc. This resolution adds those authorized to perform certain functionsfor the City. Financial Impact None. Recommendation Staff recommends the adoption of Resolution No. 2022-79. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Resolution No. 2022-79 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 37 Jufn!9/ Resolution No. 2022 - 79 Updating City Appointments and Designations Whereas, the City Council appoints local officials, commissions and committees to perform functions outlined and authorized by the City Charter (Charter), ordinance, resolution or agreement; and Whereas, the City is engaging in a new financial relationship with USB Financial Services, Inc.; and Whereas, an update to the Now therefore, be it resolved, that the City Council of the City of Fridley hereby appoints and authorizes Finance Director, Joe Starks, to the following designations and is authorized to execute various functions for the City. Official Depositories* Institution Authorization Term Expires Authority Wells Fargo Bank, Walter T. Wysopal, City Indefinite M.S. § 427.02; N.A. and all of its Manager M.S. § 118A; branches and Joe Starks, Finance Director Indefinite Charter § 6.04 subsidiaries Korinne R. Johnson, Assistant Finance Director U.S. Bank, NA and all Walter T. Wysopal, City Indefinite M.S. § 427.02; of its branches and Manager M.S. § 118A; subsidiaries Joe Starks, Finance Director Indefinite Charter § 6.04 Korinne R. Johnson, Assistant Finance Director UBS Financial Walter T. Wysopal, City Indefinite M.S. § 427.02; Services, Inc. and all Manager M.S. § 118A; of its branches and Joe Starks, Finance Director Indefinite Charter § 6.04; City of subsidiaries Korinne R. Johnson, Fridley Investment Policy Assistant Finance Director *The City Manager, Director of Finance/City Treasurer, or Assistant Finance Director shall have the authority to transfer funds from one official depository to another for the purpose of investing and satisfying claims against City funds. Financial Advisor Institution Authorization Term Expires Authority Ehlers and Walter T. Wysopal, City Indefinite M.S. § 427.02; Associates, Inc. Manager M.S. § 118A; Joe Starks, Finance Director Indefinite Charter § 6.04 38 Jufn!9/ Korinne R. Johnson, Assistant Finance Director Indefinite Investment Advisors Institution Appointee Term Expires Authority Prudent Man Walter T. Wysopal, City Indefinite M.S. § 427.02; Advisors, Inc., Manager M.S. § 118A; Investment Advisor Joe Starks, Finance Director Indefinite Charter § 6.04; City of Korinne R. Johnson, Assistant Fridley Investment Policy Finance Director Morton Markets Walter T. Wysopal, City Indefinite M.S. § 427.02; Capital LLC, Manager M.S. § 118A; Investment Advisor Joe Starks, Finance Director Indefinite Charter § 6.04; City of Korinne R. Johnson, Assistant Fridley Investment Policy Finance Director UBS Financial Walter T. Wysopal, City Indefinite M.S. § 427.02; Services, Inc. and all Manager M.S. § 118A; of its branches and Joe Starks, Finance Director Indefinite Charter § 6.04; City of subsidiaries Korinne R. Johnson, Assistant Fridley Investment Policy Finance Director th Passed and adopted by the City Council of the City of Fridley this 27 day of June, 2022. ________________________________________ Scott J. Lund Mayor Attest: ___________________________________________ Melissa Moore City Clerk 39 Jufn!:/ AGENDA REPORT Meeting Date:June 27, 2022 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Resolution No. 2022-74,Approving Claims for the Period Ending June 22, 2022 Background Attached is Resolution No. 2022-74and the claims report for the period endingJune 22, 2022. Financial Impact Included in the budget. Recommendation Staff recommend adopting Resolution No. 2022-74. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2022-74 Exhibit A: City Council Claims Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 3: Jufn!:/ Resolution No. 2022-74 Approving Claims for the Period Ending June 22, 2022 Whereas, Minnesota Statute § 412.271 generally requires the City Council to review and approve claims for goods and services prior to the release of payment; and Whereas, a list of such claims for the period ending June 22, 2022, was reviewed by the City Council. Now, therefore, be it resolved, that the City Council of the City of Fridley hereby approves the payment of the claims as presented. th Passed and adopted by the City Council of the City of Fridley this 27 day of June, 2022. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 41 Jufn!:/ 42 Jufn!:/ 43 Jufn!:/ 44 Jufn!:/ 45 Jufn!:/ 46 Jufn!:/ 47 Jufn!:/ 48 Jufn!:/ 49 Jufn!:/ 4: Jufn!:/ 51 Jufn!:/ 52 Jufn!:/ 53 Jufn!:/ 54 Jufn!:/ 55 Jufn!:/ 56 Jufn!:/ 57 Jufn!:/ 58 Jufn!:/ 59 Jufn!:/ 5: Jufn!:/ 61 Jufn!:/ 62 Jufn!:/ 63 Jufn!:/ 64 Jufn!:/ 65 Jufn!:/ 66 Jufn!:/ 67 Jufn!:/ 68 Jufn!:/ 69 Jufn!:/ 6: Jufn!:/ 71 Jufn!:/ 72 Jufn!:/ 73 Jufn!:/ 74 Jufn!:/ 75 Jufn!:/ 76 Jufn!:/ 77 Jufn!21/ AGENDA REPORT Meeting Date:June 27, 2022 Meeting Type:City Council Meeting Submitted By:Melissa Moore, City Clerk Title Ordinance No. 1403, Public Hearing and First Reading to Consider Amending the Fridley City Code Chapters Titled Administration, Personnel, Background Investigations, Administrative Citations, Penalties, Ordinance Enforcement, Reasonable Accommodation, Assessments, Absentee Ballot Board, Fees, and Flags Background Pursuant to Minnesota Statute § 415.02and FridleyCity Charter (Charter) § 1.02, the Fridley City Council (Council)may codify and publish ordinances that carry the force and effect of law for the City of Fridley (City), which may be arranged into a system generally referred to as the Fridley City Code (Code). Furthermore, Charter § 3.10 provides for the recodification of the Code at least every 10 years.At its August 23, 2021 meeting the FridleyCity Council adoptedResolution No. 2021-67formally authorizing recodification of the Code. When the Council approved recodification it directed ample opportunity for public input and transparency. This is enabled by discretionary public hearings the Council will schedule to receive comment on the proposed amendments to the Code.On June 13, 2022 the Council approved Resolution No. 2022-59(Exhibit A), whichscheduleda public hearing to consider Ordinance No. 1403at this .A notice of public hearing was published in the June 16 Official Publication (Exhibit B) To aid in accessibility and clarity to communicate details of proposed updates to the Code, staff developed Recodification Reports (Report) that will accompany certain chapters of Code as they go through the recodification process. The Reports will illuminate substantive changes to the Code. At its April 25 and May 23, 2022 Conference Meetings,the Council heard presentationsfrom staff on proposed changes to the administrativechapters of the Code, effectively creating Title 2 (Administration). Title 2 includes the following chapters: Administration, Personnel, Background Investigations, Administrative Citations, Penalties, Ordinance Enforcement, Reasonable Accommodation, Assessments, Absentee Ballot Board, and Fees. Changes to the chapters in Title 2include: Chapter 200, Administration (Exhibit C), describes the organizational structure and processes the City will follow pursuant to the Fridley City Charter; Chapter 201, Personnel(Exhibit D),describes the authority of the City Manager in implementing personnel decisions and policies; Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 78 Jufn!21/ !Chapter 202, Background Investigations (Exhibit E), prescribes the procedures and authority of the Police Division to conduct investigations into those applying for City employment or licensure; !Chapter 203, Administrative Citations, provides an avenue for efficient enforcement of the Code and provides an appeal procedure; !Chapter 204, Penalties (Exhibit F), describes how the City will respond to violations of the Code; !Chapter 205, Ordinance Enforcement (Exhibit G), designates certain employees to enforce the Code and issue citations for violations; !Chapter 206, Reasonable Accommodation, provides an avenue to apply for an exception to the !Chapter 207, Assessments (Exhibit H), describes how the City will collect and administer the special assessment process; ! Absentee Ballot Board in certifying absentee ballots; !Chapter 209, Fees (Exhibit I), sets fees for licensing, permits and various City services; and !Chapter 802, Flags (Exhibit J), is recommended for repeal. Financial Impact None. Recommendation Staff recommend the City Council conduct a public hearing and first reading of Ordinance No. 1403. 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 !Ordinance No. 1403 !Exhibit A: Resolution No. 2022-59 !Exhibit B: Affidavit of Publication !Exhibit C: Chapter 200 Recodification Report !Exhibit D: Chapter 201 Recodification Report !Exhibit E: Chapter 202 Recodification Report !Exhibit F: Chapter 204 Recodification Report !Exhibit G: Chapter 205 Recodification Report !Exhibit H: Chapter 207 Recodification Report !Exhibit I: Chapter 209 Recodification Report !Exhibit J: Chapter 802 Recodification Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 79 Jufn!21/ Ordinance No. 1403 Amending the Fridley City Code Chapters Titled Administration, Personnel, Background Investigations, Administrative Citations, Penalties, Ordinance Enforcement, Reasonable Accommodation, Assessments, Absentee Ballot Board, Fees, and Flags The City Council of the City of Fridley does ordain, after review, examination and staff recommendation that the Fridley City Code be amended as follows: Section 1 That Chapter 2 of the City Code entitled ÑAdministrationÒ be hereby amended as follows: Fridley City Code Chapter 2. 200 Administration 2.01.200.01 City Manager The Fridley City Council (Council) shall exercise administrative control exclusively through the City Manager. As such, the City Manager is the Chief Administrative Officer of the City and is empowered and obligated to perform and enforce the provisions of the Charter of the City and all the laws, ordinances and resolutions of the City. The subordinate officers of the City and its employees are obligated to carry out and perform the duties and functions of their office or employment, including the enforcement of the Fridley City Charter (Charter) and all laws, ordinances and resolutions of the City where appropriate to the duties and functions of their office or employment, or as may be assigned or delegated to them. 2.02.200.02 Organizational Structure The City Manager shall develop and be responsible for an organizational structure which best meets the needs of the City. The various departments and divisions which comprise the organizational structure shall be confirmed by resolution of the City Council. The City Manager shall have the sole authority to appoint, create, contract for, and remove the positions necessary to complete the required duties for the authorized departments. 2.03.200.03 Deputy City Clerk The City Manager may designate an employee of the City as a "Deputy City Clerk" who shall have authority to act for and in on behalf of the City Clerk during the absence of the City Clerk from the City Hall. 2.04.200.04 Compensation 7: Jufn!21/ The City Manager and all subordinate officers and employees of the City receive such reasonable compensation as may be fixed by the Council under ordinance or resolution establishing and fixing such compensation separately or as a part of a schedule for all officers and employees. 2.05.200.05 Legal Defense In the lawful and good faith performance of the functions and duties of their respective offices and employment and the enforcement of the Charter of the City, and all the laws, ordinances and resolutions and regulations of the City, as a part thereof, the officers and employees of the City, including the police officers, act as agents and representatives of the City and are entitled to all rights, privileges and immunities to their persons and properties as are accorded by law of the State of Minnesota and the Charter of the City of Fridley. No officer or employee is or shall be held personally liable to any person for any claim or loss arising from or out of the lawful and good faith performance of the duties and functions of such officer or employee;. and whenever Whenever a claim of loss or damage is made against an officer or employee personally by reason of an act or omission done in the lawful and good faith performance of the duties and functions of such officer or employee; and whenever a claim of loss or damage is made against an officer or employmentemployee, the City is authorized to and shall defend such officer or employee against the same, provide legal counsel as necessary to such defense, and pay such losses and damages as may be necessary to hold such officer or employee free of claim therefor, except as prohibited by law. (Ref. Minnesota Statutes, Section 471.44) 2.06.200.06 Self Insurance Fund 1. Purpose The City hereby establishes a self-insurance fund to provide self-insurance against liability of the City and its officers, employees, agents and servants under Minnesota Statutes, Chapter 466, Section 340A.603 and 340A.801 and any other laws for damages resulting from its torts, including torts for which the City has immunity, and those torts of its officers, employees, agents and servants. The establishment of the fund, the allocation of funds to it or the expenditure of funds, or any other act in conjunction with the establishing or operation of the fund shall not waive any immunity granted to a political subdivision, nor shall it waive any statutory limitation on liability afforded a political subdivision. 2. Funding The City hereby establishes an initial fund in the amount of $50,723. The City shall appropriate, from time to tine, sufficient funds to maintain or increase the initial balance. 32. Authorized Expenditures The City Council hereby authorizes expenditures from the fund established for any one or more of the following purposes: 81 Jufn!21/ A.(a) Payment of losses; B.(b) Costs of defense and investigation; C.(c) Premiums and deductible amounts when commercial insurance is purchased for risk; D.(d) Costs of loss control activities; or E.(e) Any other costs customarily borne by commercial insurers under conventional insurance policies. Section 2 That Chapter 3 of the City Code entitled ÑPersonnelÒ be hereby amended as follows: Fridley City Code Chapter 3.201 Personnel 3.01. 201.01 Purpose The purpose of the City formal personnel policies are to establish standards, conditions and regulations of work and pay in City employment within the City of Fridley, to be applicable to all non- union employees of the City.This Chapter will establish and maintain a uniform personnel administration system for City of Fridley (City) employees while also ensuring the efficient and effective performance of the work of the City. To achieve these goals, this Chapter assigns administrative powers, duties and responsibilities, and provides for the establishment of personnel policies. 3.02. 201.02 Administration of Policies The City Manager shall have the power to formulate and execute such administrative personnel policies and to make rules and regulations for the employment of full-time, temporary/seasonal, part-time, paid, on-call firefighters, and all City employees, contract employees, as well as consultants, and independent contractors for services. Such administrative policies, rules, and regulations shall apply to all City employees unless there is a specific provision to the contrary in this Chapter or in a collective bargaining agreement entered into by the City. The administrative policies shall provide for verification and investigation of facts set forth in employment applications., including examination of criminal and traffic records. The City Manager, or respective Department Manager, or their designee shall have the power to update these policies at his/hertheir discretion so long as any changes are in compliance with any relevant federal or state laws, rules and regulations, or other guidelines. The City Manager or their 82 Jufn!21/ designee shall effectively communicate any changes in policy to the Fridley City Council and City employees. Future significant personnel-related contracts and renewals must be approved by Council. 201.03 Scope of Persons Covered The directives of this Chapter apply to all City employees, except elected officials, advisory commission members and volunteers. Section 3 That Chapter 8 of the City Code entitled ÑCriminal History Background Investigation for City Employment and LicensingÒ be hereby amended as follows: Fridley City Code Chapter 8 202. Criminal History Background Investigations for City Employment and Licensing 8.01. 202.01 Purpose The purpose and intent of this Chapter is to establish regulations that will allow the City of Fridley (City) Police Public Safety Department access to MinnesotaÔs Computerized Criminal History information for specified non-criminal purposes of employment and licensing background investigations. 8.02. 202.02 Criminal Background Investigations for City Employees and Appointees The City of Fridley Police Department is authorized to do a criminal history background investigation on the applicants for all regular full-time, regular part-time, seasonal, and temporary employees who are finalists for paid positions; and selected appointees, volunteers, agents and independent contractors who work with the public involving at risk populations such as vulnerable adults, children or the disabled; or who manage, handle or coordinate significant city assets, sensitive data or financial materials. In conducting the background investigation to screen employment finalists, certain volunteer applicants, certain contractors/consultants and certain appointees, the Public Safety Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehension (BCA) Computerized Criminal History information system in accordance with BCA policy. 8.03. 202.03 Criminal Background Investigation for City Licensing The CityÔs of Fridley Police Public Safety Department is authorized to do a criminal history background investigation on any applicants for business licensing as a matter of public safety. 8.04. 202.04 Process of Criminal Background Investigation 83 Jufn!21/ 1. When conducting the criminal history background investigation to screen applicants for employment, and license applicants for a City license, certain volunteers, and certain independent contractors, the Police Public Safety Department is authorized to access only Code ÑEÒ data data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information BCA databases. Any data that is accessed and acquired shall be maintained by the Police Public Safety Department under the care and custody of the chief law enforcement official, or designee pursuant to the CityÔs Data Practices Policy and Minnesota Statutes, as may be amended from time to time., and retained as required by the General Records Retention Schedule for the City of Fridley Police Department. A summary of the results of the Computerized Criminal History data may be released by the Police Public Safety Department to any relevant parties as appropriate. 2. Before the investigation is undertaken, the applicant must authorize the Police Public Safety Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minnesota Statutes Chapter 13 regarding the collection, maintenance and use of the information. 3. The Public Safety Department will utilize various social media and public document repositories as part of any background investigation. All information will be processed pursuant to the Public Safety Departments procedures and retained pursuant to Minnesota Statutes Chapter 13 4. Except for the positions set forth in Minnesota Statutes (M.S.) Section § 364.09, the City will not reject an application for employment or a license on the basis of the applicantÔs prior conviction unless the crime is directly related to the position of employment or license sought or the occupation for which the license is sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicantÔs request application on this basis, the City shall notify the applicant in writing of the following: A.(a) The grounds and reasons for the denial; B.(b) The applicant applicable complaint and grievance procedure set forth in Minnesota Statutes M.S. § Section 364.06.; C.(c) The earliest date the applicant may reapply for employment or license.; and D.(d) That all competent evidence of rehabilitation will be considered upon reapplication. Section 4 That Chapter 33 of the City Code entitled ÑAdministrative Enforcement of Ordinance ViolationsÒ be hereby amended as follows: 84 Jufn!21/ Fridley City Code Chapter 33 203 Administrative Enforcement of Ordinance Violations 33.01. 203.01 Purpose The Fridley City Council (Council) seeks to offer an alternative method of enforcement for City Code (Code) violations rather than relying solely on the judiciary for such relief. The formal judicial process does not provide an environment to adequately address the unique and sensitive issues that are involved in City Code violations, including, but not limited to: neighborhood concerns, livability issues, economic impact, public safety, physical limitations of the offenders, and the stigma and unintended consequences of being charged with or convicted of a misdemeanor offense. In addition, the methodical process of the court system process may not be conducive to dealing with the violations in a prompt and timely manner. In order to provide more flexibility in addressing City Code violations on an individual basis that will be more efficient and effective and to ensure a process for administrative relief before engaging the judicial system, the City Council finds that an alternative enforcement process is necessary. Therefore, to protect the health, safety and welfare of the citizens of Fridley, the City Council intends to create a process for the use and imposition of administrative civil penalties that will provide the public and the City with an effective, alternative method for addressing City Code violations. 33.02. 203.02 Application The administrative procedures and penalties in this section may, in the discretion of the City, be used for any violation of the City Code or any violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the City Code, and traffic offenses designated in Minnesota Statute (M.S.) § 169.999, in the amount designated in Minnesota Statute M.S. § 169.999, as it may be amended from time to time. Except as expressly provided in this section, the provisions of this section may be used concurrently with or in addition to any other procedure or remedy, criminal or civil, the City may pursue under City the Code, State law, or Federal law. Nothing herein restricts the right of the City to enter property immediately or to seek other remedies in emergency or other situations as authorized by City the Code, State law, or Federal law. Where differences occur between provisions of this section and other applicable City Code sections, this section controls to the extent of such differences. No provision of the City Code that provides a criminal procedure or penalty, or an administrative or civil procedure or penalty, for a violation of the City Code shall preclude the application of this section in its entirety to such violation. The penalties and procedures provided in this section shall be applicable to every section and chapter of the City Code. The penalties and procedures provided by this section shall apply to any amendment of the City Code, whether or not such penalty is reenacted in the amendment, unless otherwise provided in such amendment. 85 Jufn!21/ 33.03. 203.03 Enforcement and Administrative Citation Issuance A1. Authority to Enforce. Only peace officers may issue Administrative Citations pursuant to Minnesota StatuteM.S. § 169.999 related to traffic violations. The City shall not issue an Administrative Citation as authorized by Minnesota StatuteM.S. § 169.999 to the holder of a commercial driverÔs license or the driver of a commercial vehicle in which the administrative violation was committed. Any other violation of City the Code may result in an Administrative Citation. Any persons employed by the City and designated by the City Manager to enforce the City Code are authorized to issue such citations. The City may only issue an administrative citation upon a determination of a violation of any regulation identified in Section 33.02203.02. The City Manager, or their designee, is authorized to promulgate rules and forms to implement these procedures. B2. Administrative Citation. 1.(a) Any person with authority to enforce the City Code may, upon a reasonable belief that there has been a violation thereof, issue an Administrative Citation to the violator or party responsible for the violation in one of the following ways: a.(1) By personal service upon the owner of the property or an occupant of suitable age residing at the property where the violation occurred, or in the case of a business or corporation, the citation may be served upon a manager on the premises or to a corporate officer; b.(2) By first class mail to a person identified in Subsection (B)(1)a(2)(a)1 of this section; c.(3) By posting the citation in a conspicuous place on or near the main entrance when it reasonably appears the property is occupied but the occupants are not available or willing to accept personal service, and where the property is not a licensed rental dwelling; d.(4) By posting the citation in a conspicuous place on or near the main entrance and mailing by first class mail a notice of the citation to the owner of record where it reasonably appears the property is vacant or abandoned; e.(5) By posting the citation in a conspicuous place on or near the main entrance and mailing by first class mail, notice of the citation to the licensee when the property is a rental dwelling licensed by the City; or f.(6) By posting the citation in a conspicuous place on a motor vehicle when the vehicle is vacant. 86 Jufn!21/ 2.(b) The City shall notify a recipient of an Administrative Citation of their right to contest the citation as outlined in Section 33.04203.04. The City shall also appoint a neutral third party to hear and rule on challenges to administrative citations authorized by the City Code. 3.(c) The failure to pay an Administrative Penalty or petition for an Administrative Hearing within 14 business days after the citation is issued, or failure to attend a scheduled Administrative Hearing, constitutes a waiver of the violatorÔs right to a future Administrative Hearing and is an admission of the violation. 4.(d) Any administrative fines assessed pursuant to Minnesota StatuteM.S. § 169.999 shall be disbursed in accordance with Minnesota StatuteM.S. § 169.999, subd. 5. 33.04. 203.04 Administrative Hearings A1. Request for Hearing. Anyone in violation of any section of the City Code may either pay the Administrative Penalty, as defined by Section 33.05203.05, or petition the City for an Administrative Hearing pursuant to Section 33.04(E)203.04(5). B2. Hearing Examiner. The position of Hearing Examiner is hereby created. The City Manager, or their designee, may, at their discretion, contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this chapter and set the rate of compensation therefor. C3. Qualifications. The Hearing Examiner shall be an individual trained in law; however, it shall not be required that the Hearing Examiner be currently licensed to practice law in the State of Minnesota. D4. Duties. The Hearing Examiner shall have the following duties: 1.(a) Set dates and hear all contested cases; 2.(b) Take testimony from all interested parties; 3.(c) Examine all facts, evidence and testimony presented; 4.(d) Make a complete record of all proceedings including findings of fact and conclusions of law; and 5.(e) Affirm, dismiss or modify the Administrative Citation and/or the Administrative Penalty assessed. E5. Hearing Procedure. Any person issued an Administrative Citation within the City of Fridley may petition the City, in writing, for an Administrative Hearing before a Hearing Examiner. 87 Jufn!21/ 1.(a) All such petitions shall identify with specificity the basis for the objection to the Administrative Citation and the interpretation of the City Code, as well as summarizing any evidence the petitioner intends to present. Such requests shall be filed in writing to the City Manager, or their designee, within 14 business days after the ordinance violation citation is issued. 2.(b) The City will confirm request of an Administrative Hearing and include information on the Administrative Citation Hearing Fee as outlined in this ordinance. This fee will be refunded if the Administrative Citation is dismissed, but not if affirmed or modified. 3.(c) All Administrative Hearings will take place at the Fridley Civic Campus (7071 University Avenue N.E., Fridley, MN 55432) between 8:00 a.m. and 8:00 p.m. Monday through Friday. The Hearing Examiner may schedule an alternative date and time upon the written consent of all parties subject to the Administrative Hearing. 4.(d) The Hearing Officer shall provide all parties involved with a Notice of Hearing at least seven business days prior to the Administrative Hearing. 5.(e) All Administrative Hearings will be recorded with an audio recording device. A transcript of the Administrative Hearing will be transcribed and retained pursuant to the Minnesota Government Data Practices Act. 6.(f) The Hearing Examiner will take testimony from the petitioner and any corroborating witnesses who wish to testify. The Hearing Examiner will then take testimony from the City. Both the petitioner and the City may appear with legal counsel. 7.(g) The Rules of Evidence do not apply. The Hearing Examiner will determine the admissibility of any evidence and/or testimony. 8.(h) The Hearing Examiner shall render a written decision to affirm, dismiss or modify the CityÔs Administrative Citation. Within 15 business days after the Administrative Hearing, the Hearing Examiner shall provide written findings of fact, conclusions of law and if applicable, issue a timeline to pay any penalties and fees. The decision of the Hearing Examiner shall be final. 9.(i) Judicial review. An aggrieved party may obtain judicial review of a final decision of the Hearing Examiner in a court of competent jurisdiction within the time limit prescribed by law. F6. Failure to Appear. The failure to attend the hearing constitutes a waiver of the petitionerÔs rights to an Administrative Hearing and an admission of the violation. The Hearing Examiner may waive this result upon good cause shown. "Good cause" may be determined by the Hearing Examiner and may include: death in the immediate family or documented incapacitating illness 88 Jufn!21/ of the accused;, a court order requiring the petitioner to appear for another hearing at the same time;, and or lack of proper service of the administration citation or notice of the hearing. G7. Failure to Pay Is Separate Violation. The following are separate violations of the City Code, punishable as misdemeanors in accordance with State law: 1.(a) Unless a notice of appeal has been timely filed, failure to pay the fine within the time required after issuance of an Administrative Citation. 2.(b) Failure to pay a fine imposed by a Hearing Examiner within 30 days after it was imposed, or such other time as may be established by the Hearing Examiner, unless judicial review has been sought for the matter in accordance with State law. 33.05. 203.05 Penalties and Payment A1. Application. An Administrative Citation may be issued in conjunction with, or in lieu of, any other remedy available to the City. B2. Administrative Penalties and Fees. The City Council shall adopt by ordinance a schedule of penalties and fees for violations of City the Code and the enforcement of this chapter. 1.(a) Any penalties and fees for those Administrative Citations issued pursuant to Minnesota StatuteM.S. § 169.999, subd. 1, shall be not exceed the limits described in Minnesota Statute M.S. § 169.99, subd. 5. 2.(b) Unless expressly provided otherwise in the City Code, each day a violation exists constitutes a separate administrative offense. 3.(c) When an Administrative Citation is issued and served as described in Section 33.03(B)203.03(2) of this Chapter, the party receiving service has up to 14 business days to pay the Administrative Citation fee as outlined in Chapter 11 209 of the Fridley City Code. If payment is not received, or an Administrative Hearing is not requested within 14 business days of the citation being issued, a late fee will be incurred. The Administrative Penalty Late Fee is outlined in Chapter 11 209 of the Fridley City Code. C3. Payment Process. 1.(a) A party who has received an Administrative Citation must, within 14 business days after the Administrative Citation is issued, pay the amount of any fine set forth therein, unless that party has requested an Administrative Hearing as authorized by this chapterChapter. If the Administrative Citation penalty is upheld in full or in part by the Hearing Examiner, the petitioner must make payment to the City within 14 business days of the issuance of the Hearing ExaminerÔs decision, unless another term is prescribed therein. 89 Jufn!21/ 2.(b) Any fine may be paid in person at City Hall, by mail or by other method set forth by the City. 3.(c) Payment of any fine shall be deemed a final admission of the violation, and thereafter the City shall not bring a criminal charge for the same violation. Ongoing or continuing violations shall constitute a new violation for each day that it is occurring. 4.(d) Payment of a fine shall not excuse the failure to satisfy compliance orders referenced in the Administrative Citation and such payment shall not bar further enforcement activity by the City for a continuing violation, including without limitation, the issuance of additional Administrative Citations. D4. If an Administrative Penalty imposed by an Administrative Citation is not paid within the time specified, it constitutes a personal obligation of the violator and a lien upon the real property upon which the violation occurred, if the property or improvements on the property were the subject of the violation and the property owner was responsible for that violation. E5. Assessment. Any persons employed by the City and designated by the City Manager to enforce the City Code shall keep a record of the costs of ordinance violations and shall provide detailed reports to the City Manager or their designee regarding all matters related to each violation. In the event the Administrative Penalty is unpaid and it is not possible for the City to place a lien on any real property, the City may list the total unpaid charges for each assessment against each separate lot or parcel to which they are attributable. The City Council may then spread the charges or any portion thereof against the property involved as a special assessment under other pertinent statutes, for certification to the County Auditor and collection the following year along with current taxes. Such assessment shall be payable in a single installment or by up to ten equal annual installments as the City Council may provide, pursuant to Minnesota StatuteM.S. § 429.101. F6. License and Permit Issuance. Failure to pay an Administrative Penalty shall be grounds for suspending, revoking or not renewing a license or permit related to the violation. During the time that an Administrative Penalty remains unpaid, no City approval will be granted for a license, permit, or other City approval sought by the violator or for property under the violator's ownership or control. For purposes of this restriction, any company that is owned in whole or in part by the violator shall also be considered to be subject to these restrictions, regardless of corporate structure. G7. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the City Treasurer and deposited in the appropriate fund and with the appropriate parties. H8. Maximum Penalty. As noted in Section 33.05(B)(2)203.05(2)(b), each day a violation exists is a separate offense. The maximum amount of an Administrative Penalty charged for a single offense, as determined by the City, may not exceed twice the maximum fine authorized by State 8: Jufn!21/ law for misdemeanor offenses, or the maximum fine authorized by State law for an administrative process. 33.06. 203.06 Exemption A. This section of the City Code shall apply to all violations of the City Code, except for those situations where applicable sections of the City Code and/or State law prescribe other procedures or rules. Section 5 That Chapter 901 of the City Code entitled ÑPenaltiesÒ be hereby amended as follows: Fridley City Code Chapter 901.204 Penalties 204.01 Purpose Except as otherwise provided in the Fridley City Code (Code), any person violating any provision of this Code will be guilty of a misdemeanor and upon conviction shall be punished according to penalties imposed by Minnesota Statute. 901.01. 204.02 General Provisions 1. Every person who violates this Code is subject to all penalties provided for such violation. Except where a different, specific or more particular penalty is provided or allowed with respect to any offense, any person guilty of a violation of this Code shall upon conviction of such offense, be fined in an amount not to exceed the maximum fine as authorized by Minnesota State Statute 609.034 or be imprisoned in jail for a period not to exceed 90 days or both for each offense of which such person is convicted. 2. Certain violations of the Code are deemed petty misdemeanors as defined by Minnesota State Statutes Chapter 609. The maximum fine will be that amount authorized by Minnesota State Statute § 609.0332. If a person fails to appear in court on a charge that is a petty misdemeanor, the failure to appear is considered a plea of guilty and waiver of the right to trial, unless the person appears in court within ten days and shows that a person's failure to appear was due to circumstances beyond the person's control. Violations of the following sections of this Code are petty misdemeanors: 124.06.2 506.04.2 506.08.15 506.10.1.B 124.07.1 506.05.1 506.08.18 506.10.1.C 91 Jufn!21/ 124.07.2.A 506.07.1 506.08.2 506.13.1 124.07.2.B 506.07.2 506.08.3 506.13.6 124.07.7 506.07.3 506.08.4 508.03 505.1 506.08.1 506.08.5 508.08 506.03 506.08.10 506.08.6 508.33 506.06 506.08.11 506.08.7 508.34 506.09 506.08.12 506.08.8 512.07 506.12 506.08.13 506.08.9 514.03 506.04.1 506.08.14 506.10.1.A 901.02 204.02 Other Recovery Upon the failure of any person to pay the fine or cost as imposed by any court, the court imposing the same may collect or recover the fine or cost in such manner as is provided or allowed by law. 901.03 204.03 Greater Penalty Whenever the State law of this State provides for, authorizes or allows a court to impose for an offense under this Code a penalty which is greater than the general penalty provided or allowed herein for such offense, then the court may impose such greater penalty for such offense, the same as if prescribed herein. 901.04 204.04 Separate Offenses Each separate violation of the Code is a separate offense;. and the The continued violation by a person of any one same offense with knowledge thereof is a separate offense for each day of such continued violation. 901.05 204.05 False Statements Every person who gives or furnishes to the City of Fridley a false or untrue statement to be relied upon in the granting of a permit or license shall be subject to the penalties provided for in this Chapter. 92 Jufn!21/ Section 6 That Chapter 803 of the City Code entitled ÑOrdnance EnforcementÒ be hereby amended as follows: Fridley City Code Chapter 803.205 Ordinance Enforcement 205.01 Purpose Designated employees of the City of Fridley (City) are authorized to institute appropriate civil, criminal or administrative actions against a person, firm, or corporation who violates any provision of the Fridley City Code (Code). 803.01.205.02 Promise to Appear Ï Arrest and Detention Except as provided by statute, only a peace officer and part-time peace officer may require a person receiving a citation to get a written promise to appear in court or take a person into custody as permitted by Minnesota Statute. 803.02.205.03 Issuance of Citations The following full-time or part-time City employees or authorized City volunteers may issue citations, in lieu of arrest or continued detention, for violations of the City codeCode. Areas of jurisdiction will be contained in City policy: 1. Peace Officers; 2. Community Service Officers; 3. Reserve Officers; 4. Code Enforcement Officers; 5. Health Officers 6. Building or Rental Inspector; and 7. Fire Inspector OfficersFire Marshal. Section 7 That Chapter 34 of the City Code entitled ÑReasonable AccommodationÒ be hereby amended as follows: Fridley City Code 93 Jufn!21/ Chapter 34 206 Reasonable Accommodation 34.01 206.01 Purpose It is the policy of the City of Fridley (City), pursuant to the Federal Fair Housing Amendments Act of 1988 to provide reasonable accommodation in the application of zoning and other regulations for qualified persons with disabilities seeking fair and equal access to housing. Reasonable Accommodation means providing a qualified person with flexibility in the application of land use, zoning and other regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to fair housing opportunities. The purpose of this article Chapter is to establish a process for making and acting upon requests for reasonable accommodation. 34.02 206.02 Definitions Accommodation Specialist: staff, appointed by the City Manager or their designee to coordinate and administer the Reasonable Accommodation process outlined in Fridley City Code (Code)Chapter 34. Disability: any one or a combination of those disabilities which are recognized under applicable federal law. Qualified Person: any individual with a disability, their representative, or a developer or provider of housing for an individual with a disability. Reasonable Accommodation: process by which the City may provide an individual with a disability flexibility in the application of land use, zoning, or other regulations that serve as a barrier to housing. 34.03 206.03 Initiation of Reasonable Accommodation Request Any person who requests reasonable accommodation in the form of modification in the application of a zoning or other regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents, may do so on an application form provided by the CityÔs Accommodation Specialist. The application shall include a detailed explanation of why the accommodation is reasonably necessary to make the specific housing available to the person(s), with a disability, including information establishing that the application is being made by a qualified person, for themselves or on behalf of a person disabled under applicable laws, as well as other information required by the Accommodation Specialist to make the determination. If the project for which the request is being made also requires an additional land use review or approval, the applicant shall file the request concurrently with the land use review. 34.04 206.04 Accommodation Specialist; Required Findings 94 Jufn!21/ 1. The Accommodation Specialist, in consultation with the appropriate City staff, shall have the authority to consider and act on requests for reasonable accommodation. The Accommodation Specialist shall issue a written decision in which the request is approved, approved subject to conditions, or denied. In making the decision as to whether an accommodation is reasonable, the following factors shall be considered: (a) Special need created by the disability; (b) Potential benefit that can be accomplished by the requested accommodation; (c) Need for the requested accommodation, including alternatives that may provide an equivalent level of benefit; (d) Physical attributes of and any proposed changes to the subject property and structures; (e) Potential impact on surrounding uses; (f) Whether the requested accommodation would constitute a fundamental alteration of the zoning regulations, policies, or procedures of the City, and/or nature of the area in which the accommodation is being requested; (g) Whether the requested accommodation would impose an undue financial or administrative burden on the City; (h) Whether the requested accommodation is likely to have any negative impacts on the health, safety, or general welfare of members of the community, and (i) Any other factor that may be determined to have a bearing on the request. 2. Any approval issued under this section may include such reasonable conditions that the Accommodation Specialist deems necessary to mitigate any adverse impacts that the granting of such reasonable accommodation may produce or amplify. 34.05 206.05 Notice of Decision The written decision of the Accommodation Specialist shall be mailed to the applicant within five business days of such decision being made. All written decisions shall give notice of the right to appeal a decision of the Accommodation Specialist pursuant to Section 34.08206.08. The decision of the Accommodation Specialist shall constitute the final decision of the City, unless appealed according to the procedures and within the time limits provided in Section 34.08206.08. Only the aggrieved applicant of the written reasonable accommodation determination has a right to appeal the decision. 95 Jufn!21/ A reasonable accommodation approved under this section shall become effective on the first calendar day following expiration of the right to appeal. 34.06 206.06 Applicability Any approved request shall constitute a limited license which shall allow the property owner or occupant to continue to rely upon such accommodation only so long as they own or occupy the property. Approval of a reasonable accommodation does not constitute a property right, does not run with the land, and does not provide future owners or occupants any rights to rely upon such accommodation approvals. Only the person who applied for such reasonable accommodation, and who is specifically named in the City's approval of such accommodation, shall be entitled to the benefits and protections thereof. The holder of an approved reasonable accommodation license st hereunder shall, on or before January 1 of each year, provide the City with an updated affirmation that the reasonable accommodation is still necessary. In the event that the Accommodation Specialist has reasonable cause to believe that factors have changed, the Accommodation Specialist may request additional information from the license holder. Failure to annually reaffirm the need for the reasonable accommodation, or failure to provide information reasonably requested by the Accommodation Specialist, shall result in automatic termination of the reasonable accommodation upon written notice of the Accommodation Specialist. 34.07 206.07 Conditions and Guarantees Prior to the issuance of any permits relative to an approved reasonable accommodation request, the Accommodation Specialist may require the applicant to record a covenant acknowledging and agreeing to comply with the terms and conditions established in the determination. 34.08 206.08 Appeals Any decision reached by the Accommodation Specialist pursuant to Section 34.05206.05 shall be subject to appeal to the City Council by those persons with a right to appeal as provided herein. All appeals shall be initiated by submitting a notice of appeal, in writing, to the Accommodation Specialist within 30 days of the date upon which the decision was made. Upon notice of appeal, the City Manager or their designee shall present such appeal to the Fridley City Council for action within 30 days. The Accommodation Specialist shall also serve notice of such appeal on all parties entitled to receive notice of a decision issued under Section 34.05206.05. Following a hearing on such appeal, the Fridley City Council shall issue its findings, in writing, within 30 days. Section 8 That Chapter 7 of the City Code entitled ÑAssessmentsÒ be hereby amended as follows: Fridley City Code Chapter 7.207 Assessments 96 Jufn!21/ 7.01 207.01 Authority It is deemed to be in the interest of the City of Fridley (City) and the owners of respective properties in the City of Fridley that the City authorize and accept the prepayment of special assessments in whole or in part as allowed by law and provided under Minnesota Statutes Chapter 429, Section 429.061, Subd. 3 (1961), and as provided by this Chapter. This Chapter will be construed to authorize, ratify and confirm prepayments heretofore received and accepted, and any assessments credited therewith, and any corrections made by the City Clerk without such authorization being previously granted and received. Further, no part of this Chapter shall be construed to deny to any person the right or privilege to make payment of any assessment in whole or in part as otherwise provided by law under the Statutes of the State of Minnesota; and that this Chapter is and shall be deemed supplementary thereto. 7.02. 207.02 Time of Payment Prior to certification of the assessment or the first installment thereof any person may pay the whole or any part which is not less than one-half thereof, provided that such partial payment shall in any event be in a sum of at least One Hundred Dollars ($100.00). Upon receipt of any such prepayment, the City Clerk shall note the same upon the records of the City, credit the payee therefore, and reduce the assessment as originally made in the amount of the prepayment received. The balance remaining shall then be noted as the amount due and may then be certified to the County Auditor together with and as a part of the assessment roll in which the original amount due was contained. Upon adoption of the new assessment roll but not later than November 15 of the year of adoption, any person may make one payment only for the whole or any part of the balance, which is not less than $100 to reduce or eliminate any interest that would accrue upon certification. Upon receipt of any such prepayment, the City Manager or their designee shall note the same upon the records of the City, credit the payee therefore, and reduce the assessment as originally made in the amount of the prepayment received. The balance remaining shall then be noted as the amount due and may then be certified to the County Auditor together with and as a part of the assessment roll in which the original amount due was contained. After November 15 of the year of adoption any person may pay part or all of the remaining balance less any amount certified to the property tax for the following year. 7.03. Certification The City Clerk may and shall be authorized, upon a resolution duly made approving the same, to cancel any assessment or part thereof which was certified to the County Auditor in error either as to amount or otherwise; and may and shall correct the same, including the amount of interest thereon improperly accrued, if any, by certifying the corrected assessment and interest and attaching thereto a certified copy of the resolution authorizing the correction. Such corrected assessment when so certified shall then stand upon the assessment records in the place of the original assessment made in error. Section 9 97 Jufn!21/ That Chapter 4 of the City Code entitled ÑAbsentee Ballot BoardÒ be hereby amended as follows: Fridley City Code Chapter 4.208 Absentee Ballot Board 4.01. 208.01 Absentee Ballot BoardPurpose The Fridley City Council (Council) hereby authorizes the establishment of an Absentee Ballot Board within the City of Fridley (City), which is authorized to handle all absentee ballots received prior to any election, primary or general, within the City. 4.02. 208.02 Duties 1. The Absentee Ballot Precinct Board shall: 1. (a) Perform the duties of an Absentee Ballot Board required by Minnesota Statute 203B.121. 2. (b) May work in conjunction with the Anoka County during any state primary or general election to provide election Election judges Judges to the Anoka County who may assist the absentee ballot board to with processing the CityÔs absentee ballots. 4.03. 208.03 Members The Absentee Ballot Board shall consist of a sufficient number of election Election judges Judges appointed by the Council as provided in Minnesota Statute 204B.19 to 204B.22. 4.04. 208.04 Compensation The City shall pay a reasonable compensation to each member of the Absentee Ballot Board for services rendered during the an election. 4.05. 208.05 Applicable Laws This Chapter is deemed to be supplementary to Minnesota State Statutes pertaining to absentee ballots and general election laws. Section 10 That Chapter 11 of the City Code entitled ÑFeesÒ be hereby amended as follows: Fridley City Code Chapter 11.209 General Provisions and Fees 98 Jufn!21/ 209.01 Purpose The fees for licenses, permits and municipal services offered by the City of Fridley (City) are established in this Chapter. References in other chapters or sections of the Fridley City Code (Code) to any fee means the fees specified in this Chapter. 11.01. Compliance No person shall practice or carry on a business, trade or profession in the City without complying with all federal and state regulations, laws, license or permit requirements and with the license and permit requirements of any provision of this Code. 209.02 Conflicts If fees are specified in other parts of the Code for a particular license, fee, or service, but not in this Chapter, then the fees specified elsewhere in the Code shall be effective for the stated license, permit, or service. If there are amounts specified in this Chapter for a particular license, permit, or service, as well as other chapters of the Code, then the amounts appearing in this Chapter supersede the others. 11.02. 209.03 Definitions Administrative Citation: A notice, issued by a Public Official, that a person or property is in violation of or has violated the Code. Business: A business, trade or profession shall include that engages in the bartering, selling, purchasing or exchanging of goods, services, and or materials with or without compensation. Penalty: A monetary fine imposed by the City upon a violation of the Code. Fee: The charge by the City for or in connection with any license, permit, service(s), or function rendered. The fee shall be based on costs incurred by the City to provide a license, permit, or service. Fees are charged for the reviewing, investigating, and administering an application for an amendment to an official control or an application for a permit or other approval required under an official control, or any other costs established and authorized pursuant to Minnesota Statute (M.S.) Chapter 462. Any other fee the City as authorized by state law to impose shall be set forth in a rate/fee schedule duly adopted by the Fridley City Council (Council). Renewal: Where a license or permit holder makes application to extend for a further period a license or permit and pays the required fee to the City. 11.03. 209.04 License or Permit Application Unless otherwise provided in this Code, application for any license or permit required by this Code shall be made with the city clerkCity Manager or their designee. The applicant shall provide such 99 Jufn!21/ information as required by the City or any licensing or permit provision of this Code. In the event of the sale of the licensed business or death of the licensee, unless otherwise specified in the City Code, the business shall be allowed to continue to operate as long as the new application is submitted to the city clerkCity Manager or their designee within thirty (30) days. In the event an application is not received within thirty (30) days, the business license shall expire. 11.04. 209.05 Processing Time The minimum length of time required for the processing of any application shall be determined by the City ClerkCity Manager or their designee who shall inform any applicant of the appropriate time requirements. 11.05. 209.06 Term The license or permit begins May 1 of any year through April 30 of the following year, inclusive, unless otherwise provided in this Code. 11.06. 209.07 License Approval and Issuance Unless otherwise provided in this Code, the approval and issuance of the license shall not require City Council (Council) consideration and shall be issued administratively by the city clerkCity Manager or their designee if the applicant has met all of the conditions and requirements of the license. A list of issued licenses shall be provided to the City Council for its information. 11.07. 209.08 Renewal No license or permit is automatically renewed by the City. Applications for renewal shall be submitted to the Clerk City Manager or their designee prior to the expiration date for Council approval. 11.08. 209.09 Proration and Refunds No license or permit fee shall be prorated or refunded except as expressly provided by Section 11.10209.12 of this Chapter or any other licensing or permit provision of this Code. 11.09. 209.10 Revocation Any violation of the terms of this Chapter or any other licensing or permit provision of this Code shall be grounds for suspension and/or revocation of the license or permit by the City Council. Licenses and permits shall be revoked only for cause and upon adequate notice and the opportunity to be heard. 11.10. 209.11 Display 9: Jufn!21/ Any person to whom a license or permit is issued pursuant to this Code shall be required to display such license or permit or to make said license or permit available for review upon request. This provision shall be subordinate to any other provision of this Code which expressly requires that said license or permit shall be displayed or posted. 11.11. 209.12 Fees 1. Administrative Fees Code Subject Fee 33203 Administrative Hearing $200 Administrative Hearing 608 Lodging Tax 3% of rent charged 102.02 Seizure fee for motor vehicles Each vehicle $200 assessed for each vehicle seizure; or Each vehicle when vehicle owner $400 assessed to a vehicle or lien holder refuses to repossess owner or lien holder who their own vehicle refuses to repossess their own vehicles 102.02 Storage fee for seized motor vehicles $10 per day for each day or part of a day the seized motor vehicle is held at a storage facility or impound lot. The total storage fees assessed on any one motor vehicle shall not exceed $500 or 50% of the value of the motor vehicle as determined by competent authority, whichever is less. Text Amendment to the City Code $1,500 Application 2. Building and Inspection Fees (a) Building Permit Fees Code Subject Fee 206 Valuation $1 to $500 $23.50 206 Valuation $501 to $2,000 $23.50 for the first $500 plus $3.05 for each additional $100 or fraction thereof, to and including $2,000 :1 Jufn!21/ 206 Valuation $2,001 to $25,000 $69.25 for the first $2,000 plus $14 for each additional $100 or faction thereof, to and including $25,000 206 Valuation $25,001 to $50,000 $391.25 for the first $25,000 plus $10.10 for each additional $1,000 or fraction thereof, to and including $50,000 206 Valuation $50,001 to $100,000 $643.75 for the first $50,000 plus $7 for each additional $1,000 or fraction thereof, to and including $100,000 206 Valuation $100,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000 or fraction thereof, to and including $500,000 206 Valuation $500,001 to $3,233.75 for the first $500,000 plus $1,000,000 $4.75 for each additional $1,000 or fraction thereof, to and including $1,000,000 206 Valuation $1,000,001 and up $5,608.75 for the first $1,000,000 plus $3.15 for each additional $1,000 or fraction thereof 206 Inspections outside of normal $50 per hour business hours (minimum charge Ï two hours) 206 Re-inspection fees assessed $50 per hour under provisions of Section 108 206 Inspections for which no fee is $50 per hour specifically indicated (minimum charge one-half hour) 206 Additional plan review required $50 per hour by changes, additions or revisions to approved plans (minimum charge one-half hour) or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employee involved. 206 For use of outside consultants Actual costs which include for plan checking and administrative and overhead costs inspections, or both 206 Residential Mobile Home $100 Installation :2 Jufn!21/ 206 Surcharge on Residential A surcharge of $5 shall be added to the Building Permits. permit fee charged for each residential building permit that requires a state licensed residential contract 115 Swimming Pools, Public Per outdoor pool $250 Per indoor pool $350 + 25% of base per added pool enclosed area (b) Electrical Permit Fees Code Subject Fee Residential, Commercial, Multi-Family 206 0 to 400 Amp Power Source $50 each 206 401 to 800 Amp Power Source $100 each 206 Over 800 Amp Power Source $150 each 206 0 to 200 Amp Circuit or Feeder $8 each 206 Over 200 Amp Circuit or Feeder $30 each Over 200 Volts 206 0 to 400 Amp Power Source $100 each 206 401 to 800 Amp Power Source $200 each 206 Over 800 Amp Power Source $300 each 206 0 to 200 Amp Circuit or Feeder $16 each 206 Over 200 Amp Circuit or Feeder $60 each 206 Panel Changes (reconnect existing circuit or feeder $100 each for panelboard replacement) 206 New 1 and 2 Family Homes up to 25 Circuits, 3 Trips $175 each 206 New Multi-Family Dwelling unit (with up to 20 circuits $100 per dwelling and feeders per unit) unit 206 New Multi-Family Dwelling Unit $8 per feeder or (additional circuits over 20 per unit) circuit 206 Existing Multi-Family Dwelling Unit (up to 10 feeders $100 per unit or circuits are installed or extended) 206 Existing Multi-Family Dwelling Unit $8 per feeder or (where less than 10 feeders or circuits are installed or circuit extended) 206 Additional circuits over 25 per unit $8 each 206 Circuits extended or modified $8 each 206 Retrofitting of existing lighting fixtures $1 each 206 Manufactured Home Park Lot Supply + Circuits $50 per pedestal 206 Separate Bonding Inspection $40 206 Pools plus circuits $80 206 Inspection of concrete encased grounding electrode $40 :3 Jufn!21/ 206 Technology circuits and circuits less than 50 volts $1 per device 206 Traffic Signals, Street, Parking and Outdoor Lighting $5 each Standards 206 Transformers for light, heat and power (0 to 10 KVA) 20 each 206 Transformers for light, heat and power (more than 10 $40 each KVA) 206 Transformers for electronic power supplies and $5.50 each outline lighting 206 Additional Inspection trip(s), re-inspections $40 each Minnesota Solar PV System Electrical Inspection Fee Chart 206 0 Ï 5,000 watts (5 kw) $60 206 5,001 Ï 10,000 watts (5 kw Ï 10 kw) $100 206 10,001 Ï 20,000 watts (10 kw Ï 20 kw) $150 206 20,001 Ï 30,000 watts (20 kw Ï 30 kw) $200 206 30,001 Ï 40,000 watts (30 kw Ï 40 kw) $250 206 40,001 and larger watts (40 kw) $250, and Each additional 10,000 watts $25 206 Plan review fee $80 per hour (c) Mechanical Permit Fees Code Subject Fee 206 Residential minimum fee $15 or 5% of cost of improvement, whichever is greater 206 Furnace $35 206 Gas Range $10 206 Gas Piping $10 206 Air Conditioning $25 206 Other 1% of value of appliance 206 Commercial minimum fee $35 206 All work 1.25% of value of appliance 206 Inspections outside of normal $50 per hour business hours (minimum charge two hours) 206 Re-inspection fees assessed $50 per hour under provisions of Chapter 108 of the Code 206 Inspections for which no fee is $50 per hour specifically indicated (minimum charge one-half hour) 206 Additional plan review required $50 per hour by changes, additions or revisions to approved plans :4 Jufn!21/ (minimum charge one-half hour). Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. 206 For use of outside consultants for Actual cost including administrative plan checking and inspections, or and overhead costs both (d) Moving of Dwelling or Building Fees Code Subject Fee 206 For Principle Building into City $300 206 For Accessory Building into City $42 206 For moving any building out of $20 City 206 For moving through or within the $20 City (e) Plumbing Permit Fees Code Subject Fee 206 Minimum Fee $15 or 5% of cost of improvement, whichever is greater 206 Each fixture $10 206 Old opening, new fixture $10 206 Beer Dispenser $10 206 Blow Off Basin $10 206 Catch Basin $10 206 Rainwater Leader $10 206 Sump or Receiving Tank $10 206 Water Treating Appliance $35 206 Water Heater Electric $35 206 Water Heater Gas $35 206 Backflow Preventer $15 206 Other Commercial 1.25% of value of fixture or appliance 206 Inspections outside of normal $50 per hour business hours (minimum charge two hours) :5 Jufn!21/ 206 Re-inspection fee $50 per hour 206 Inspections for which no fee is $50 per hour specifically indicated (minimum charge one-half hour) 206 Additional plan review required $50 per hour by changes, additions or revisions to approved plans (minimum charge one-half hour) or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. 206 Use of outside consultants for Actual cost including administrative plan checking and inspections, or and overhead costs both (f) Pollution Monitoring Registration Fees Code Fee 206 Each pollution monitoring location shall require a site map, description and length of monitoring time requested. Pollution monitoring location shall mean each individual tax parcel. There shall be an initial application and plan check fee of $25. 206 The applicant for a Pollution Control Registration shall provide the City with a hold harmless statement for any damages or claims made to the City regarding location, construction, or contaminates. 206 An initial registration fee of $50 is due and payable to the City of Fridley at or before commencement of the installation. 206 An annual renewal registration fee of $50 and annual monitoring activity reports for all individual locations must be made on or before September 1 of each year. If renewal is not filed on or before October 1 of each year the applicant must pay double the fee. 206 A final pollution monitoring activity report must be submitted to the City within 30 days of termination of monitoring activity. (g) Wrecking Permit Fees Code Fee 206 For any permit for the wrecking of any building or portion thereof, the fee charged for each such building included in such permit shall be based on :6 Jufn!21/ the cubical contents thereof and shall be at the rate of $1.25 for each 1,000 cubic feet or fraction thereof. 206 For structures which would be impractical to cube, the wrecking permit fee shall be based on the total cost of wrecking such structure at the rate of $6 for each $500 or fraction thereof. 206 In no case shall the fee charged for any wrecking permit be less than $20. 3. Community Services Fees (a) Recreation Division (1) Program fees are listed in the CityÔs bi-monthly Parks and Recreation Brochure and on the CityÔs website. (2) Administrative Fees Item Category A Category B Category C (Fridley Youth (Residents (Non- Athletics and residents) community groups) Additional maintenance staff City staff hourly City staff City staff rate hourly rate hourly rate Chalk Market rate Market rate Market rate Concession area for $175 per day $175 per day $175 per day Community Park Damage deposit for multiple $200 $200 $200 day rentals Lights $20 per field $20 per field $20 per field Locates for electrical or Market rate Market rate Market rate irrigation heads Portable restrooms Market rate Market rate Market rate Scoreboard and press box at $20 per field $20 per field $20 per field Community Park Shelter rental for Commons $65 per day $65 per day $100 per day Park and Flanery Park Vendor fee (concession $100 per day $100 per day $100 per day space) (3) Event Fees Code Subject Fee 508 Parade :7 Jufn!21/ Application $100 Daily $700 23 Public Dance $75 Application (4) Outdoor Field Rental Fees Use Category A Category B Category C (Fridley Youth (Residents (Non- Athletics and residents) community groups) Baseball, softball, and $0 per hour $20 per hour $40 per hour football fields Commons Park baseball and $80 per $100 per $200 per softball fields weekend weekend weekend $40 per day $50 per day $100/day Community Park Softball $500 per $1,000 per $2,000 per Complex weekend weekend weekend $250 per day $500 per day $1,000 per day Hockey rink $0 per hour $20 per hour $20 per hour Soccer field $0 per hour $30 per hour $60 per hour Tennis or pickleball court $0 per hour $20 per hour $40 per hour Volleyball court $0 per hour $20 per hour $40 per hour (5) Picnic Shelter Rental Fees Park Resident Non-Resident Deposit Flanery and Commons Parks 1-50 guests $65 plus tax $100 plus tax $50 51-150 guests $105 plus tax $150 plus tax $50 Special Use Permit $265 plus tax $450 plus tax $50 Moore Lake 1-50 guests $35 plus tax $75 plus tax $50 51-150 guests $75 plus tax $115 plus tax $50 Special Use Permit $235 plus tax $425 plus tax $50 (6) Springbrook Nature Center Program Fees :8 Jufn!21/ Program Fee 60 Minute naturalist-led program $4 per student 90 Minute naturalist-led program $6 per student 60 Minute naturalist-led program at another $150 location Additional program at same site $50 Summer Camp Resident $155 per five-day program Non-resident $165 per five-day program Birthday Party Program $125 (7) Springbrook Nature Center Room Rental Fees Program/Amenity Fee Amphitheater Resident $225 per room per hour plus tax Non-resident $300 per room per hour plus tax Non-profit group (proof of status must be $225 per room per hour plus tax provided) Classroom ($50 refundable damage deposit due at time of booking) Resident $30 per room per hour plus tax Non-resident $50 per room per hour plus tax Non-profit group (proof of status must be $30 per room per hour plus tax provided) Pavilion Activity Center Outdoor ($100 refundable damage deposit due at time of booking) Resident $65 plus tax Non-resident $100 plus tax Non-profit group (proof of status must be $65 plus tax provided) Pavilion Activity Center Indoor ($100 refundable damage deposit due at time of booking) $65 plus tax Resident $100 plus tax Non-resident $65 plus tax Non-profit group (proof of status must be provided) Pavilion Activity Center Entire ($100 refundable damage deposit due at time of booking) Resident $130 plus tax Non-resident $200 plus tax :9 Jufn!21/ Non-profit group (proof of status must be $130 plus tax provided) Portable public address (PA) system $50 per day plus tax 4. Engineering Fees (a) Rights-of-Way Fees Code Subject Fee 407 Rights-of-Way Registration $50 User Fee (residential, $50 commercial or industrial) Excavation Permit $350 Obstruction Permit $50 Small Wireless Facility $150 Permit Permit Extension Fee $20 Delay Penalty $125 week Mapping Fee $50 if data is not in City format and City GIS compatible Degradation Fee Restoration cost per square foot for the area to be restored (b) Land Alterations, Excavating, or Grading Fees Including Conservation Plan Implementation Fees Code Subject Fee 206 50 cubic yards or less $40 206 51 to 100 cubic yards $47.50 206 101 to 1,000 cubic yards $47.50 for the first 100 cubic yards plus $10.50 for each additional 100 cubic yards or fraction thereof 206 1,001 to 10,000 cubic yards $167 for the first 1,000 cubic yards plus $9 for each additional 1,000 cubic yards or fraction thereof 206 10,001 to 100,000 cubic yards $273 for the first 10,000 cubic yards plus $40.50 for each additional 10,000 cubic yards or fraction thereof 206 100,001 cubic yards or more $662.50 for the first 100,000 cubic yards plus $22.50 for each additional 100,000 cubic yards or fraction thereof :: Jufn!21/ (c) Land Alteration Plan Checking Fees Code Subject Fee 206 50 cubic yards or less No fee 206 51 to 100 cubic yards $23.50 206 101 to 1,000 cubic yards $37 206 1,001 to 10,000 cubic yards $49.25 206 10,001 to 100,000 cubic yards $49.25 for the first 10,000 cubic yards plus $24.50 for each additional 10,000 cubic yards or fraction thereof 206 100,001 to 200,000 cubic yards $269.75 for the first 100,000 cubic yards plus $13.25 for each additional 10,000 cubic yards or fraction thereof 206 200,001 cubic yards or more $402.25 for the first 200,000 cubic yards plus $7.25 for each additional 10,000 cubic yards or fraction thereof (d) Water and Sewer Fees Subject Fee Code 205.30 Automatic Meter Reading Device $25 per stationary device Permit 206 Hydrant Rental Agreement $50 Service Charge (for use of hydrant only City does not supply hose) 206 Water Usage $1.30/1,000 gallons used Metered Minimum $20 206 Tanker $20 per fill 206 Water Taps See Engineering 206 Permanent Street Patch First 5 square yards $300 Over 5 square yards $30 per square yard 206 Temporary Street Patch (November 1 through May 1) First 5 square yards $400 Over 5 square yards $40 per square yard plus cost of permanent street patch 206 Water Meter Repair Ï Weekend $125 and Holidays 206 Water Connections Permit $50 206 Sewer Connections Permit $50 211 Jufn!21/ 206 Inspection Fee for Water/Sewer $40 Line Repair 5. Fire Department Fees (a) Fire Department Fees Found in Code Code Subject Fee 112 False Alarms $50 for sixth false alarm in single calendar year and for each subsequent false alarm in calendar year an additional $25 shall be th added (e.g., 7 seventh false alarm th $75, 8 eighth false alarm $100, etc.) 103 Fire Arm Permit to Discharge $25 108 Fire Department Plan Review Fee 65% of the Fire Permit Fee (b) Fire Department Fees Directed by the Minnesota State Fire Code (MSFC) MSFC Section Type of Activity Stipulations Fee 105.7.1 Automatic Fire Extinguishing Final inspection See Below Systems required 1. Kitchen Hood Extinguishing Inspection & and Systems testing 2. Fire Sprinkler Systems 3. Other Special Extinguishing Inspection and Systems &testing Inspection and &testing 105.7.24 Compressed Gasses and & Final inspection $ 235.00 Systems required per Install, repair damage to, MSFC requirements abandon, remove, place temporarily our out of service, close or substantially modify systems 105.7.37 Fire Alarm, Detection and & Final inspection and See Below Related Alarm or Detection testing required Equipment Inspection & Testing Install or modify new & and existing systems 212 Jufn!21/ 105.7.48 Fire Pumps and & Related Final inspection and See Below Equipment testing required Install or modify fire pumps, Inspection & Testing related fuel tanks, jockey pumps, controllers and generators 105.7.59 Flammable and & Combustible Liquids 1. Install or modify a pipeline Final inspection $150.00 2. Install, construct or alter tank Required $150.00 vehicles, equipment, tanks, inspection plants, terminals, wells, fuel requirements as dispensing stations, refineries, defined by 2003 2020 distilleries and similar activities MSFC requirements. where flammable or combustible liquids are produced, processed, transported, stored, dispensed or used UGST or AGST storage 3. Install, alter, remove, abandon, tank removal must be $200.00 place temporarily out of service witnessed by Fire or otherwise dispose of a Marshal. flammable or combustible liquid tank 105.7.613 Hazardous Materials Final inspection $ 200.00 Install, repair damage to, required when abandon, remove, place hazardous materials in temporarily out of service, close use or storage exceed or substantially modify a storage amounts shown in the facility or other area regulated by MSFC Table 105.6.21 MSFC Chapter 27 105.7.715 Industrial Ovens Final inspection $ 165.00 Installation of industrial ovens required per regulated by MSFC Chapter 21 MSFC requirements 105.7.816 LP Gas Final inspection $ 200.00 Installation of or modification to required per an LP Gas system MSFC & and NFPA National Fire Protection Association Chapter 58 requirements 105.7.9 Private Fire Hydrants Final inspection $ 145.00 Installation of or modification of Required private fire hydrants Inspection &and testing 213 Jufn!21/ 105.7.1023 Spraying or Dipping Final inspection $ 200.00 Install or modify a spray room, required per dip tank or booth MSFC requirements Final inspection 105.7.1124 Standpipe System See Below Installation, modification, or Required removal from service of a Inspection &and standpipe system testing 105.7.1225 Temporary Membrane Structures, Final inspection $ 145.00 Tents and Canopies required per To construct an air-supported MSFC requirements temporary membrane structure, tent (=> 200 ft²) or canopy (=> 400 ft²). (c) Fire Department Fees for Fire Sprinkler, Fire Extinguishing Systems, Fire Alarm Systems or Standpipe Systems Fees for Automatic Fire Extinguishing Systems (MSFC 105.7.1); Fire Alarm, Detection and related equipment (MSFC 105.7.3); Fire Pumps or related equipment, (MSFC 105.7.4); and Standpipe Systems (MSFC 105.7.11) are calculated on project valuation from the 1997 UBC Permit Fee Schedule as shown below, plus the State of Minnesota Surcharge Fee on sprinkler permits: Total Valuation Fee $ 1.00 to $ 500.00 $23.50 $ 501.00 to $ 2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $ 2001.00 to $ 25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $ 25,001.00 to $ 50,000.00 $391.75 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $ 50,001.00 to $ 100,000.00 $643.75 for the first $50,000.00 plus $ 7.00 for each additional $1,000.00, or fraction thereof, to and including $ 100,000.00 214 Jufn!21/ $ 100,001.00 to $ 500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $ 500,000.00 $ 500,001.00 to $ 1,000,000.00 $3233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $ 1,000,000.00 $ 1,000,001.00 and up $5,608.75 for the first $1,000.000.00 plus $3.65 for each additional $1,000.00, or fraction thereof (d) Fire Department Fees for Permitted Business Operations Ï Processes and Activities Fees Permit Description Fee AuthorityMSCF Section 105.6.1 Aerosol products $145.00 105.6.2 Amusement buildings $75.00 105.6.3 Aviation facilities $120.00 105.6.4 Carnivals and fairs $200.00 105.6.5 Battery and energy systems $95.00 105.6.6 Cellulose nitrate film $95.00 105.6.7 Combustible dust-producing ops $200.00 105.6.8 Combustible fibers $145.00 105.6.9 Compressed gases $150.00 105.6.10 Covered mall buildings $95.00 105.6.11 Cryogenic fluids $95.00 105.6.12 Cutting and welding $95.00 105.6.13 Dry cleaning plants $145.00 105.6.14 Exhibits and trade shows $200.00 105.6.15 Explosives $200.00 105.6.16 Fire hydrants and valves $75.00 105.6.17 Flammable & and combustible liquids $200.00 105.6.18 Floor finishing $95.00 105.6.19 Fruit and crop ripening $120.00 105.6.20 Fumigation & and thermal insecticide fog $95.00 105.6.21 Hazardous materials $145.00 HPM facilities (Haz Prod Materials)Hazardous 105.6.22 Production Materials Facility $145.00 105.6.23 High piled storage $200.00 105.6.24 Hot work operations $95.00 105.6.25 Industrial ovens $145.00 215 Jufn!21/ 105.6.26 Lumber yards & and woodworking plants $200.00 Liq Liquid or gas fueled veh/equip 105.6.27 vehicle/equipment in Grp Group A $95.00 105.6.28 LP Gas $95.00 150.6.29 Magnesium $95.00 105.6.30 Misc Miscellaneous combustible storage $145.00 105.6.31 Open burning $95.00 105.6.32 Open flames and candles $95.00 105.6.33 Organic coatings $145.00 105.6.34 Places of assembly $135.00 105.6.35 Private fire hydrants $75.00 105.6.36 Pyrotechnic special effects material $95.00 105.6.37 Pyroxylin plastic $145.00 105.6.38 Refrigeration equipment $95.00 105.6.39 Repair garages or service stations $120.00 105.6.40 Rooftop heliports $95.00 105.6.41 Spraying or dipping $145.00 105.6.42 Storage of scrap tires/tire byproducts $120.00 105.6.43 Temporary tents & and canopies $95.00 105.6.44 Tire -rebuilding plants $145.00 105.6.45 Waste handling $200.00 105.6.46 Wood products $165.00 6. Licensing Fees Code Subject Fee 17 Auction Weekly permit $30.00 weekly, Annual permit $150 year 27 Billiards First table $40 for first table, Each additional table $10 each additional 15 Bowling Alleys Annual license $40 + Per lane $10 each lane 28 Carnivals Application fee $75 application fee Each day $75 each day Required cash deposit or bond $3,000 cash deposit or bond 30 Charitable Gambling (see Lawful Gambling) 101 Chickens Initial fee $100 Initial Fee 216 Jufn!21/ Annual renewal fee $25 Renewal Fee Impound Fee $25 Impound Fee 21 Christmas Tree Lots Annual license fee $200 + Deposit $100 deposit 12 Cigarette Sales (see Tobacco) 101 Dogs Lifetime license $25 Lifetime Duplicate license $5 duplicate license Impound fee $25 Impound Fee Annual Dangerous Dog license $500 Dangerous Dog Potentially Dangerous Dog license $500 Potentially Dangerous Dog 702 Drive-in Theaters $400 607 Entertainment $85 32 Food Establishment Ï Business License $45 32 Food Temporary Ï Business License $30 25 Golf Course, Driving Range $30 113 Haulers $100 for first truck and $40 Mixed Municipal Solid Waste License each additional truck (Garbage Truck), Yard Waste License, Organics License, Recycling License 101 Honeybees Initial fee $100 Initial Fee Annual renewal fee $25 Renewal Fee 24 Junk Yards $350 609 Liquor, Caterer Annual Caterer Registration $100 annually Event Notification Permit (per $25/event event) 604 Liquor, Consumption and Display Annual State permit $300 Annual State Permit One-day City permit $25 One-Day City Permit 603 Liquor, On-Sale Intoxicating Holiday $100 Endorsement 603 Liquor, Lawful Gambling Endorsement $300 610 Liquor Manufacturers/Investigative Fee Individual $200 Partnership/Corporation $400 Alteration of Business $100 Change of Officers $25 On-Sale Brewer/Distillery Taproom $600 License 217 Jufn!21/ Off-Sale Brewer/Distillery Growler $300 License 603 Liquor, On-Sale Intoxicating No Entertainment No entertainment a. 0-3000 sq. ft. - $6,000 (a) 0-3,000 square feet (b) 3,001-6,000 square feet b. 3001-6000 sq. ft. - $7,000 (c) Over 6,000 square feet c. over 6000 sq. ft. - $8,000 With entertainment or dancing With Entertainment or Dancing (a) 0-3,000 square feet a. 0-3000 sq. ft. - $7,000 (b) 3,001-6,000 square feet b. 3001-6000 sq. ft. - $8,000 (a)(c) Over 6,000 square feet c. Over 6000 sq. ft. - $9,000 603 Liquor, On-Sale Intoxicating Initial Investigative Fee Individual $200 individual Corporation or partnership $400 corporation or partnership 603 Liquor, On-Sale Sunday $200 603 Liquor, On-Sale Intoxicating Temporary $25 (MN §340A.414, Sub.9) 1 one day only 602 Liquor, 3.2% Malt Liquor Off-Sale - $60 Off-Sale On-Sale - $325 On-Sale $100 Holiday Endorsement Liquor, 3.2% Malt Liquor Holiday Endorsement 602 Liquor, 3.2% Malt Liquor, Initial Investigative Fee Individual $90 individual Corporation or partnership $180 corporation or partnership 602 Liquor, 3.2% Malt Liquor Temporary $60 603 Liquor, Wine $1,000 603 Liquor, Wine Investigative Initial Fee Individual $200 individual Corporation or partnership $400 corporation or partnership 603 Liquor (Employee Dispensing Ï see Managerial License) 605 Liquor, Bottle Club Annual permit $300 annual permit One day permit $25 one day permit 606 Liquor, On-Sale Intoxicating Club $300/club under 200 members Per club under 200 members $500/club, 201-500 members Per club of 201-500 members $650/club, 501-1,000 members Per club of 501-1,000 members 218 Jufn!21/ Per club of 1,001-2,000 members $800/club, 1001-2,000 Per club of 2,001-4,000 members members Per club of 4,001-6,000 members $1000/club, 2001-4000 Per club of over 6,000 members members (the annual license fee for an on-sale $2,000/club 4,001-6,000 intoxicating liquor license issued by a members city to a club must be no greater than $3,000/club over 6,000 the fee set in Minnesota Statute members Chapter 340A: 606 Liquor, On-Sale Club Holiday $100 Endorsement 101 Livestock Initial fee $100 annually Annual review $25 603 Managerial License (Liquor) $10 125 Massage Therapy Business License Annual license $400 annually Business investigation fee for $400 (new) $200 (renewal) corporations or partnerships Investigative Fee/Corporation/Partnership Business investigation fee for $200 (new) $100 (renewal) individual/sole proprietor Fee/Individual/Sole Prop. 125 Massage Therapist License Fee $50 annually Therapist Investigation Fee $25 annually 22 Music Festivals Per day $700/day + Filing fee $100 filing fee 18 Motor Vehicle Body Repair Business $150 509 Motorized Vehicles Rental $50 per vehicle 220 Multiple Dwelling License Single rental unit $100.00 Two rental units $150.00 Three units $210.00 Four units $270.00 Five or more units $245.00 plus $12 per unit. 101 Multiple Pet Location License Fee $100 Initial Fee Renewal Fee $25 Renewal Fee Impound Fee $25 Impound Fee 219 Jufn!21/ 220 Rental Housing Annual License Single rental unit $100 Two rental units $150 Three rental units $210 Four rental unit $270 Five or more units $270 plus $12 per unit over four units License renewal late fee if more than 150% of the annual license fee seven days late License fee to reinstate after revocation 150% of the annual license fee or suspension License transfer fee $25 License reinstatement fee for properties that were posted for not complying with correction orders or license renewals 1-30 days $250 31+ days $500 Renting prior to obtaining a license 125% of the annual license Reinspection fee after second inspection Single, duplex, triplex $100 Four or more units $300 Rental Inspection Fee $100 single, duplex and triplex $300 4+ units Transfer Fee $25 License Fee after Revocation or 150% times the annual license Suspension fee 31 Pawn Shops Annual license fee $3,000 Monthly transaction fee $3.00 per transaction Reporting failure penalty $4.00 per transaction/ Investigation fee $400 14 Peddlers/Solicitor $60 per peddler 23 Public Dance $75 13 Retail Gasoline Sales $60 Private Gasoline Pump $30 per location 127 Sexually Oriented Businesses $400 21: Jufn!21/ Investigation fee $400 602, 603, 606 Social Skill Game Tournament Service $100 annually Provider 16 Street Vending Industrial/commercial $50 industrial/commercial Residential $70 residential Both $100 both 116 Sun Tanning Rooms $500 12 Tobacco ProductsLicense $125 12 Tobacco Product Shop License fee $400 license application fee Investigation fee $100 license investigation fee 104 Tree Removal/TreatmentManagement $150 License 19 Used Motor Vehicles License $150/ per year 7. Planning and Zoning Fees Code Subject Fee 206 Certificate of Occupancy Fees See Chapter 206 M.S. § 462.355 Comprehensive Plan Amendment $1,500 217 Condominium (annual registration) 2-4 units 2-4 Ownership Units $20 5-12 units 5-12 Ownership units $30 13-24 units 13-24 Ownership units $40 Over 24 units Over 24 Ownership Units $50 217.04 Condominium conversion registration (one-time fee) 2 units 2 ownership units $500 3-7 units 3-7 ownership units $750 8-12 units 8-12 ownership units $1,000 Over 12 units Over 12 units $1,000 + $50 per unit for every unit over 12 208 Conservation Plan Review (as part of $450 building permit for new construction 208 Conservation Plan Review as part of See Chapter 206 land alteration, excavating or grading permit process 205 Farmers Market Event Permit $100 211 Lot Splits $1,250 205.24 Master Plan, Application or $1,500 Amendment 203 Mobile Manufactured Home Parks $30 + $1 per trailer site (one- 221 Jufn!21/ time fee) 407 Rights-of-Way $50 (1) Registration $50 (2) User Fee (residential, commercial $350 or industrial) (3) Excavation Permit $50 (4) Obstruction Permit $150 (5) Small Wireless Facility Permit $20 (6) Permit Extension Fee $125 week (7) Delay Penalty $50 if data is not in City format and City GIS compatible (8) Mapping Fee Restoration cost per square foot for the area to be restored (9) Degradation Fee 214 Signs and/or Billboards Permanent Sign Permanent wall sign $100 Permanent free-$200 standing/monument Permanent re-face/face-change $50 Temporary sign $100 plus ($200 deposit refunded if conditions met) 205.30 Telecommunications Permit to Locate $400/user/tower onadd Equipment to an Approved Site Small Cell Telecommunications Towers and Facilities District 205.30.24 Distributed Antenna $500 System (DAS) Application Fee 205.30.24 DAS Application Review $1,500 Fee 205.30.9(9) DAS Abandonment $2,000 Escrow 205.30 Temporary Outdoor Display $75 LicensePermit 205 Text Amendment to the Zoning $1,500 Ordinance 205.33 Transit Oriented District (TOD) Project $1,500 Plan Application 205.33 TOD Tree Substitution Fee to TOD $500/ per tree Capital Project Fund 211 Plat 222 Jufn!21/ Up to 200 lots $1,500/200 lots + Each additional lot $15 each additional lot 206 Reinspection Ï Building Fee See Chapter 206 205 Rezoning $1,500 205 Special Use Permit R-1 $1,000 for R-1 All others $1,500 for all others 205 Vacations, Right of Way or Easement $1,500 211205 Variance R-1 $500 for R-1 All others $1,400 for all other 205 Wetlands $1,500.00 Certifying Exemptions Replacement Plan Application $1,500.00 No Loss Determination $1,500.00 Appeal of Decision $1,500.00 8. Police Fees Code Subject Fee 103 Fire Arm Permit to Discharge $25 30 Lawful Gambling Permit $25 for one-day small events, (e.g., a raffle) 209.13 Penalties Code Subject Penalty 203 Administrative Citation or Penalty General $100 per violation (General) Fire Lane/Reserved Handicap $125 per violation (Fire Parking Lane/Reserved Handicap Parking) Other Parking $35 per violation (Other Parking) 203 Administrative Citation or PenaltyLate Fee General $25 (General) Fire Lane/Reserved Handicap $30 (Fire Lane/Reserved Handicap Parking Parking) Other Parking $10 (Other Parking) 514 Snow Removal Penalty Violations of the provisions of this Section shall be a misdemeanor, subject to penalties of a maximum of $700 and 90 days in jail per occurrence. 223 Jufn!21/ In the alternative, the City may, in its discretion, impose a civil penalty as follows: nd 2$50 offense in any given yearwithin 365 days rd 3 offense within 6 six months of $200 any prior offense th 4 offense or more within 6 six $500 months of prior offense(s) In addition, the City may charge to, and assess to the associated property, any damage to City property or injury to City employees attributable to violations of this section. 209.14 Compliance No person shall practice or carry on a business, trade or profession in the City without complying with all federal and state regulations, laws, license or permit requirements, and with the license and permit requirements of any provision of this Code. 11.12. 209.15 Administrative Assessments In addition to the fees in Section 11.10209.12, an administrative assessment will be required to fund special studies such as environmental assessment worksheets, transportation, drainage, noise impacts, indirect source permits, wetland impacts, etc. The amount of the assessment is to be based on the site, complexity, diversity, and location of the project as determined by staff, but shall not be less than 2.5 two and one half times the hourly wage of estimated staff Public Official or consultantÔs time. 11.13. 209.16 Late Payment Penalties The penalty for late payment of all licenses and permit any fees as shown in Section 11.10 of the City Codethis Chapter shall be 25% of the amount of the fee if received from 1 one to 7seven days late. If the payment is received more than 7seven days after it is due, the penalty shall be 50% of the fee. 11.14 209.17 Compliance with State and Local Law and Payment of Fees and Charges Prior to the issuance of any license or permit as provided by this Chapter, the City may determine whether the applicant is out of compliance with any state or local law or ordinance enforced by the City. In addition, the City may determine whether the applicant is in arrears with respect to any fee, tax or utility charge. If the City determines the applicant is out of compliance with any state or local law or ordinance, or that outstanding balances are due to the City for fees, taxes or utility charges, 224 Jufn!21/ the City may deny issuance of the license until such time as the Applicant is in compliance or has paid any such outstanding balance. Any applicant aggrieved by the application of the section shall, upon written request, be permitted a public hearing before the Council, and determination on the fact question of whether there is non- compliance or any outstanding balance due. Section 11 That Chapter 802 of the City Code entitled ÑFlagsÒ be hereby repealed in its entirety. Fridley City Code Chapter 802. Flags 802.01. Display No person shall display or carry any flag, banner, ensign or symbol of any government, state, country or political force with which the United States of America is engaged in an armed conflict with the intent to cause a breach of peace. 802.02. Removal No person, unless authorized or assigned, shall lower or remove from any public flagpole the flag of the United States of America. 802.03. Penalties Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. Passed and adopted by the City Council of the City of Fridley on this xx day of xx, 2022. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk Public Hearing: June 27, 2022 First Reading: June 27, 2022 Second Reading: Publication: 225 Jufn!21/ 226 Jufn!21/ 227 Jufn!21/ 228 Jufn!21/ RECODIFICATION REPORT Introduction To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select ordinances as they are introduced to the City Council. The Report will illuminate substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes. TitlePlacement Title 6 Lands and Buildings Title 1General Provisions Title 7 Zoning Title 2 Administration Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places Title 5 Public NuisanceAppendices Chapter Information Chapter Title:AdministrationRecodification Liaisons:Melissa Moore, City Clerk Current Chapter Number:2New Chapter Number:200 Substantive Changes Section NumberCurrent CodeProposed Changes 200.06.02This section requiresthe City to have Upon recommendation of the City an initial insurance fund of $50,723.Attorney, this section is removed as the fund is established in the preceding section. Establishing a required dollar amount is not necessary. 229 Jufn!21/ RECODIFICATION REPORT Introduction To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select ordinances as they are introduced to the City Council. The Report will illuminate substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes. TitlePlacement Title 6 Lands and Buildings Title 1General Provisions Title 7 Zoning Title 2 Administration Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places Title 5 Public NuisanceAppendices Chapter Information Chapter Title:PersonnelRecodification Liaisons:Melissa Moore, City Clerk; Mikey Oman, Employee Resources Specialist; Becca Hellegers, Employee Resources Director Current Chapter Number:3New Chapter Number:201 Substantive Changes Section NumberCurrent CodeProposed Changes 201.01Establishes the purpose of the The proposedchange updates the chapter.purpose of the chapter. 201.02This section describes how the City The proposed change removes Manager will apply administrative different classes of employees and policies to different classes of makes note that the Chapter applies to employees.all City employees. 201.03N/AThis is a new section to note that the Chapter applies to all City employees, and does not apply to elected officials, commissions, or volunteers. 22: Jufn!21/ RECODIFICATION REPORT Introduction To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select ordinances as they are introduced to the City Council. The Report will illuminate substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes. TitlePlacement Title 6 Lands and Buildings Title 1General Provisions Title 7 Zoning Title 2 Administration Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places Title 5 Public NuisanceAppendices Chapter Information Chapter Title:Background InvestigationsRecodification Liaisons:Trent Homard, Administrative Intern; Andy Todd, Administrative Sergeant; Melissa Moore, City Clerk Current Chapter Number:8New Chapter Number:202 Substantive Changes Section NumberCurrent CodeProposed Changes 202.02Authorized the Fridley PoliceRewritten to simplify the language and Department to conduct background make clear that the Public Safety checks on applicants for employment, Department is authorized to access selected appointees and volunteers.data provided by the State to administerthis function. 202.04(1)Covers the collection, storage and Rewritten to simplify language and handling of data from background more closely align with comparable checks.cities. 202.04(3)N/AStaff proposeadding this sectionto state thatsocial media posts and public document repositories will be included in background check processing. 231 Jufn!21/ RECODIFICATION REPORT Introduction To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select ordinances as they are introduced to the City Council. The Report will illuminate substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes. TitlePlacement Title 6 Lands and Buildings Title 1General Provisions Title 7 Zoning Title 2 Administration Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places Title 5 Public NuisanceAppendices Chapter Information Chapter Title:PenaltiesRecodification Liaisons:Trent Homard, Administrative Intern; Andy Todd, Administrative Sergeant; Melissa Moore, City Clerk Current Chapter Number:901New Chapter Number:204 Substantive Changes Section NumberCurrent CodeProposed Changes 204.01N/AThis is an added purpose statement for the Chapter. 204.02List of City Codesectionsthat are Proposes to remove this section, as classified as petty misdemeanors. listing certain sections of the City Code is superfluous and out of date. 232 Jufn!21/ RECODIFICATION REPORT Introduction To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select ordinances as they are introduced to the City Council. The Report will illuminate substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes. TitlePlacement Title 6 Lands and Buildings Title 1General Provisions Title 7 Zoning Title 2 Administration Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places Title 5 Public NuisanceAppendices Chapter Information Chapter Title:Ordinance EnforcementRecodification Liaisons:Melissa Moore, City Clerk; Andy Todd, Administrative Sergeant; Dan Cahill, Neighborhood Preservation Specialist Current Chapter Number:803New Chapter Number:205 Substantive Changes Section NumberCurrent CodeProposed Changes 205.01N/AThis proposed addition adds a purposestatement to the Chapter. 205.03Lists titles of certain City employees The proposed revision updates who are authorized to issue citations.authorized employees to issue citations. 233 Jufn!21/ RECODIFICATION REPORT Introduction To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select ordinances as they are introduced to the City Council. The Report will illuminate substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes. TitlePlacement Title 6 Lands and Buildings Title 1General Provisions Title 7 Zoning Title 2 Administration Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places Title 5 Public NuisanceAppendices Chapter Information Chapter Title:AssessmentsRecodification Liaisons:Melissa Moore, City Clerk; Korrie Johnson, Assistant Finance Director; Pat Maghrak, City Assessor Current Chapter Number:7New Chapter Number:207 Substantive Changes Section NumberCurrent CodeProposed Changes 207.01This section describes the authority of A portion of this section was removed the City to assess and accept payment as inclusion of the text was forassessments.superfluous, as Minnesota Statute (M.S.) Chapter 429 expressly states the authority of the City to assess and administer such a process. 207.02Specified the time and partial A portion of this section was replaced payment amounts. with more clear language regarding amounts and timing of pre-payment of special assessments to reduce or eliminate interest and or certification charges. 7.03Allows the City Clerk to cancel any Staff propose to remove this section, assessment sent to the County as the certification process is directed Assessor in error.in M.S. Chapter 429. 234 Jufn!21/ RECODIFICATION REPORT Introduction To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select ordinances as they are introduced to the City Council. The Report will illuminate substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes. TitlePlacement Title 6 Lands and Buildings Title 1General Provisions Title 7 Zoning Title 2 Administration Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places Title 5 Public NuisanceAppendices Chapter Information Chapter Title:FeesRecodification Liaisons:Melissa Moore, City Clerk; Stacy Stromberg, Planning Manager; Rachel Workin, Environmental Planner; Margo Numedahl, Recreation Division Manager; Korrie Johnson, Assistant Finance Director; Ryan George, Deputy Director of Public Safety; Maddison Zikmund, Fire Chief; Trisha Lindahl, License and Permit Coordinator; Jon Lennander, Assistant City Engineer; Trent Homard, Administrative Intern Current Chapter Number:11New Chapter Number:209 Substantive Changes Section NumberCurrent CodeProposed Changes 209.01This is an added purpose statement to the Chapter, consistent with the style format established for the Code. 11.01States any person not in compliance This sentiment is more clearly defined with state, federal, or licensure laws is in § 209.17. authorized to conduct business in the City. 209.02Currently, fees for various services are Asthe progresses, found throughout the Code, in all fees for City services will exclusively addition to the Fees chapter.be listed in the Fees chapter.Future 235 Jufn!21/ RECODIFICATION REPORT work on the Code will remove specific fees from other chapters. 209.03This section only defined the term The additions to this Chapter add definitions for Administrative Citations, fees,penalties, and renewals. Staff recommend these additions to explicitly state how the City defines these terms as applicable to the fees the City will charge for services. 209.12This proposed reorganizationof the fees in relative alphabetical order.Chapter is meant to make finding particular fees easier for the reader. The section is broken up into nine sub- parts generally by City departmentor function. This section contains no new, or adjusted fees. Staff have added fees for the Community Services Department andelaborated on the fees related to rental housing licensing, which were fees already being charged and authorized by the Code. 209.13Upon recommendation of the City Attorney, penalties were specifically distinguished from fees. 209.17This section allows anyone aggrieved Upon the recommendation of the City by this Chapter to request a hearing to Attorney the Code has been changed determine if someone were out of to require any such hearingbe compliance, or a balance was due to conducted by theCity Council. the City. 236 Jufn!21/ RECODIFICATION REPORT Introduction To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select ordinancesas they areintroduced to the City Council. The Report will illuminate substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes. TitlePlacement Title 1 General ProvisionsTitle 6 Lands and Buildings Title 2 Administration Title 7 Zoning Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places Title 5 Public NuisanceAppendices Chapter Information Chapter Title:FlagsRecodification Liaisons:Melissa Moore, City Clerk Current Chapter Number:802New Chapter Number:N/A Substantive Changes ChapterNumberCurrent CodeProposed Changes 802This Chapter regulatesbehaviors and Staff propose to remove this Chapter requirements pertaining to the display of the Code.Minnesota Statute § and/or removal of flags within the 609.40 outlaws the same behaviors as City.Chapter 802. Reviewed By City ManagerDepartment Director City AttorneyRecodification Liaison Recodification Coordinating Group 237 Jufn!22/ AGENDA REPORT Meeting Date:June27, 2022 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Brandon Brodhag, Assistant City Engineer Title Resolution No. 2022-78, Approvinga Joint Powers Agreement with the City of Columbia Heights for rd the 53Avenue Trail and Walk Improvements Project Background The City of Fridley (City) has been cooperatively working with the City of Columbia Heights (Columbia rd Heights) to improve pedestrian/bicycle safety and street resurfacing improvementson 53Avenue from Main StreettoCentral Avenue (Trunk Highway 65). The staff of both cities hosted an event on October 26, 2019,for the project to receive feedback and input from the residents. The input gathered from the Active Transportation Plan. A federal funding application through the regional solicitation was submitted in April 2020, however, was not successful in obtaining an award due to the competitive applications received. In March of 2021, an application was submitted for the Minnesota Department of Local Road Improvement Program (LRIP) and the project was successful in obtaining an award of $1,250,000. Staff worked on different designs and worked with Columbia Heights while incorporating feedback received from the event that took place. The different options for the corridor considered walk vs. trail, geometric improvements, bike/walk connections, Metro to the adjacent properties. The option chosen is the installation of a multi-use 10-foot bituminous trail on the south side of the street from Main Street to Central Avenue and the installation of a six foot concrete sidewalk on the north side of the street from University Avenue to Monroe Street. The City andLRIP, which will fund approximately 75% of estimated construction, and the cities would divide proportionally to their respective share of the corridor, along with any cost overages and design/administration. The project is planned to be constructed in 2023. The agreement (Exhibit A) outlines future cooperation and collaboration between the two cities. This agreement sets for terms by which the project can be accomplished in the two cities with grant funding. The City will lead and manage the project. Both cities will share equally in costs associated with the project and are allowed to incorporate utility and other work that is of exclusive benefit to each and paid for by each respective city. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 238 Jufn!22/ Financial Impact The construction costs are currently estimated at $1,635,000 for the Project. Overall, the LRIP grant will be providing $1,250,000 and both cities will divide the match of the remainder of the actual MSA/Local Funds to cover the remainder of the project. Recommendation Staff recommends the approval of Resolution No. 2022-78. Focus on Fridley Strategic Alignment x Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2022-78 !Exhibit A: Joint Powers Agreement with the City of Columbia Heights Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 239 Jufn!22/ Resolution No. 2022-78 rd Approving Joint Powers Agreement for the 53 Avenue Trail and Walk Improvements Project in the Cities of Columbia Heights and Fridley Whereas, the City of Fridley (City) and City of Columbia Heights (Columbia Heights) share a rd common boundary and desire to pursue an improvement project on 53 Avenue from Main Street NE to Central Avenue N.E. (Project); and Whereas, the conceptual improvements in the City and Columbia Heights that are to be included in the Project are named and depicted in the Joint Powers Agreement; and Whereas, Project improvements including project development, easement acquisition, preliminary and final engineering, permitting, administration, construction, inspection, testing, documentation, and all other cost and work items described herein; and Whereas, Minnesota Statute § 471.59 provides for the joint exercise of common or similar powers by government units and also provides that any one governmental unit may perform on behalf of another government unit any service or function which that unit would be authorized to perform for itself; and Whereas, the Improvements have been partially funded by the Minnesota Department of Transportation Local Road Improvement Program (LRIP), with matching funding to be provided by the City and Columbia Heights; and Whereas, the staff responsibilities and total costs funded by matching funds for the Improvements shall be shared by the City and Columbia Heights in accordance with the terms of the Joint Powers Agreement. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves a Joint rd Powers Agreement for the 53 Avenue Trail and Walk Improvements Project in the City of Fridley and the City of Columbia Heights. th Passed and adopted by the City Council of the City of Fridley this 27 day of June, 2022. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 23: Jufn!22/ RD JOINT POWERS AGREEMENT FOR THE 53 AVENUE TRAIL AND WALK IMPROVEMENTS PROJECT IN THE CITIES OF COLUMBIA HEIGHTS AND FRIDLEY THIS AGREEMENT, made and entered into this __ day of _______, 2022, by and between the /źƷǤ ƚŅ /ƚƌǒƒĬźğ IĻźŭŷƷƭͲ aźƓƓĻƭƚƷğͲ ğ ƒǒƓźĭźƦğƌ ĭƚƩƦƚƩğƷźƚƓ ΛŷĻƩĻźƓğŅƷĻƩ ͻ/ƚƌǒƒĬźğ IĻźŭŷƷƭͼΜͲ ğƓķ ƷŷĻ /źƷǤ ƚŅ CƩźķƌĻǤͲ aźƓƓĻƭƚƷğͲ ğ ƒǒƓźĭźƦğƌ ĭƚƩƦƚƩğƷźƚƓ ΛŷĻƩĻźƓğŅƷĻƩ ͻCƩźķƌĻǤͼΜ͵ WHEREAS, Columbia Heights and Fridley share a common boundary and desire to pursue an rd improvement project on 53 Avenue from Main Street NE to Central Avenue NE (hereinafter ĭƚƌƌĻĭƷźǝĻƌǤ ƷŷĻ ͻtƩƚƆĻĭƷͼΜͳ ğƓķͲ WHERAS, the conceptual improvements in Columbia Heights and Fridley that are to be included in the Project are named and depicted in the attached Exhibit A to this Agreement; and, ‘I9w9!{Ͳ ƷŷĻ ǞƚƩķ ͻLƒƦƩƚǝĻƒĻƓƷƭͼ ğƭ ƭƷğƷĻķ ğƓķ ǒƭĻķ źƓ Ʒŷźƭ !ŭƩĻĻƒĻƓƷ ƭŷğƌƌ ƒĻğƓ ğƌƌ Project improvements including project development, easement acquisition, preliminary and final engineering, permitting, administration, construction, inspection, testing, documentation, and all other cost and work items described herein; and, WHEREAS, Minn. Stat. § 471.59 provides for the joint exercise of common or similar powers by government units and also provides that any one governmental unit may perform on behalf of another government unit any service or function which that unit would be authorized to perform for itself; and, WHEREAS, the Improvements have been partially funded by the MnDOT Local Road Improvement Program (LRIP), with matching funding to be provided by Columbia Heights and Fridley; and, WHERAS, the total costs funded by matching funds for the Improvements shall be shared by Columbia Heights and Fridley in accordance with the terms of this Agreement; and NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: SECTION A PROJECT SUMMARY 1. The Improvements and financing include the Project as identified above which shall be provided and constructed in accordance with the terms of this Agreement, the requirements of aźƓƓĻƭƚƷğ {ƷğƷǒƷĻƭͲ /ŷğƦƷĻƩ ЍЋВͲ ğƓķ Ļğĭŷ /źƷǤ͸ƭ ƩĻƭƦĻĭƷźǝĻ ĭƚķĻƭͲ ƦƚƌźĭźĻƭͲ ğƓķ ƩĻŭǒƌğƷźƚƓƭ͵ 241 Jufn!22/ 2. Columbia Heights and Fridley agree to develop separate Feasibility Reports for the Improvements as may be needed and desired to conform to Minnesota Statutes, Chapter 429 or its local process. 3. Upon review and approval of Feasibility Reports, a completion of design (including the preparation of plans and specifications) shall be performed by Fridley. Surveys, data collection, and preparation of plans required for final design of the Project shall also be performed by Fridley. Bidding and contact documents shall be prepared in a form that allows the share of costs allocated to each party to be determined. 4. Plans and specifications shall be approved by Columbia Heights and Fridley prior to releasing an advertisement for bids. Contract award to the lowest responsible bidder will be conducted by Fridley; Columbia Heights must approve award of the Project in writing. 5. Bidding, Construction Engineering, Contract Administration, Permitting, Agency Submittals, Staking, and Contract Management shall be performed by Fridley. 6. Construction observation for city-owned utility improvements will be the responsibility of the respective utility. For example, Columbia Heights utility improvements will be observed by a Columbia Heights representative and constructed to its design standards. Fridley utility improvements will be observed by a Fridley representative and constructed to its design standards. 7. Construction observation for all LRIP grant-eligible items including street, sidewalk, and trail improvements will be performed by Fridley, including utility coordination to complete the Project. 8. Monthly progress payments to the contractor for any Improvements shall be reviewed and agreed upon by both Columbia Heights and Fridley project representative prior to release of payment. Change orders or supplemental agreements concerning work shall be agreed to by /ƚƌǒƒĬźğ IĻźŭŷƷƭ͸ /źƷǤ 9ƓŭźƓĻĻƩͲ ƦƩźƚƩ Ʒƚ ĻǣĻĭǒƷźƚƓ ĬǤ CƩźķƌĻǤ͵ CźƓğƌ ĭƚƓƷƩğĭƷ ƦğǤƒĻƓƷ ƭŷğƌƌ ƚĭĭǒƩ only after final acceptance of the Improvements by the city council of Columbia Heights and the city council of Fridley. 9. Fridley will ensure that warranties and guarantees are established for the entire project, including improvements located in Columbia Heights, and will transfer said warranties and guarantees to Columbia Heights. 10. CƩźķƌĻǤ ƭŷğƌƌ źƓǝƚźĭĻ /ƚƌǒƒĬźğ IĻźŭŷƷƭ ŅƚƩ ƩĻźƒĬǒƩƭĻƒĻƓƷ ƚŅ /ƚƌǒƒĬźğ IĻźŭŷƷƭ͸ ƦƚƩƷźƚƓ ƚŅ the costs of the Improvements in accordance with this Agreement in accordance with Section B. 11. All engineering, project management, and construction services shall comply with MnDOT LRIP grant program requirements. 2 242 Jufn!22/ SECTION B COST ALLOCATION For the segment of the Project between Main Street and University Avenue, Fridley will pay the entire cost of engineering, construction, and all expenses identified in this section. For the segment of the Project between University Avenue and Central Avenue, the cost of engineering, construction, and expenses will be shared between Fridley and Columbia Heights as further identified in this section. 1) Design Costs a) Each party will pay 50% of all design costs for the Improvements, including planning and preliminary design that may have occurred prior to this agreement after award of the LRIP grant. In addition, each party will pay independently for any design of City specific improvements such as City-owned utility upgrades. The final design costs of the Improvements shall include, but not limited to data collection, research and reports, preparation of drawings and exhibits, and preparation of plans and specifications. 2) Project Administration Costs a) Each party will pay 50% of the project administration costs for the Improvements. In addition, each party will pay independently for project administration for any City specific improvements such as City-owned utility upgrades. The project administration costs for the Improvements shall include, but not limited to bidding, contract coordination and management, project management, work directive and change order management, and contractor payment. 3) Construction Observation Costs a) Each party will pay 50% of the construction observation of the Improvements. In addition, each party will pay independently for construction observation for any City specific improvements such as City-owned utility upgrades. Construction observation costs for the Improvements will include, but not limited to field inspection, quantity measurement, materials inspection, and recordkeeping. 4) Survey Costs a) Each party will pay 50% of all costs for survey of the Improvements. In addition, each party will pay independently for surveying associated with City specific improvements such as City- owned utility upgrades. Survey costs for the Improvements will include, but not limited to topographic survey, construction surveying, and closeout survey for record drawings. 5) Testing Costs a) Each party will pay 50% of all costs of the material and field testing associated with the Improvements. In addition, each party will pay independently for any testing associated with 3 243 Jufn!22/ City specific improvements such as City-owned utility upgrades. Testing costs for the Improvements will include, but not limited to onsite and offsite materials testing, geotechnical borings and analysis, and preparation of associated reports. 6) Street Modification Costs a) Each party will pay 50% of all costs of the street modifications associated with the Improvements in excess of eligible LRIP grant funded costs, including modifications that may be necessary for private drives and access and any mandatory Americans with Disabilities Act (ADA) upgrades. 7) Sidewalk/Trail Improvement Costs a) Each party will pay 50% of all costs of the sidewalk and trail Improvements, including mandatory ADA upgrades in excess of eligible LRIP grant funded costs. In addition, each party will pay independently for construction of any City-specific sidewalk or trail improvements not required by the Project. 8) Storm Sewer Improvement Costs a) Each party will pay 50% of all costs of stormwater modifications and water quality elements required to permit the Improvements in excess of eligible LRIP grant funded costs. In addition, for any City specific improvements not required to permit the Project, each party will pay independently for stormwater modifications or water quality improvements. 9) Permitting Costs a) Each party will pay 50% of all costs of permitting necessary for the Improvements in excess of eligible LRIP grant funded costs. In addition, each party will pay independently for permitting expenses for any City specific improvements that require permitting and are not required to permit the Project. 10) Private Utility Costs a) Each party will pay 50% of all costs of private utility protection and relocation necessary for the Improvements in excess of eligible LRIP grant funded costs. In addition, each party will pay independently for private utility protection and relocation such as burying power lines. 11) City-Owned Utility Costs a) Each party will pay 50% of all costs of City-owned utility protection and relocation necessary for the Improvements in excess of eligible LRIP grant funded costs. In addition, each party will pay independently for any City-owned utility modifications not necessitated by the Project such as upgrades to watermain, sanitary sewer, etc. 12) Right of Way Costs a) Each party will pay 50% of all costs of right-of-way easements necessary for the Improvements in excess of eligible LRIP grant funded costs and for any future improvements mutually agreed to by both parties. In addition, each party will pay independently for any right-of-way easement that are not necessitated by the Project. 4 244 Jufn!22/ SECTION C COST REIMBURSEMENT 1. Upon execution of this Agreement and thereafter, Fridley shall invoice Columbia Heights for its percentage of eligible costs incurred for the Project as identified in the Cost Allocations above in excess of eligible LRIP grant funded costs, and Columbia Heights will pay Fridley for invoiced amounts within thirty days of receipt. 2. Following the contract award by Fridley to the successful bidder on the Project, Fridley shall invoice Columbia Heights routinely for the estimated Columbia Heights share of the Project in excess of eligible LRIP grant funded costs when paid to the Contractor by Fridley. Payments shall be made to Fridley by Columbia Heights for the full amount due stated on the invoices within thirty (30) days of the invoice date. Said estimated Columbia Heights share shall be based on actual contract unit prices applied to the estimated quantities shown in the plans. 3. LƓ ƷŷĻ ĻǝĻƓƷ CƩźķƌĻǤ 9ƓŭźƓĻĻƩ ƚƩ CƩźķƌĻǤ͸ƭ ƭƷğŅŅ ķĻƷĻƩƒźƓĻƭ ƷŷĻ ƓĻĻķ Ʒƚ ğƒĻƓķ ƷŷĻ ĭƚƓƭƷƩǒĭƷźƚƓ contract with a supplemental agreement or change order notice to Columbia Heights which results in an increase in the contract amount for the Project, Fridley shall invoice Columbia Heights routinely for the estimated Columbia Heights share of the Project in excess of eligible LRIP grant funded costs when to the Contractor by Fridley. Payments shall be made to Fridley by Columbia Heights for the full amount due stated on the invoices within thirty (30) days of the invoice date. 4. Upon substantial completion of the project, Columbia Heights will advise Fridley of any work that needs to be performed to achieve full completion of the project. These items will be źƓĭƌǒķĻķ źƓ ƷŷĻ /ƚƓƷƩğĭƷƚƩ͸ƭ ƦǒƓĭŷƌźƭƷ ǒƦƚƓ ƩĻǝźĻǞ ğƓķ ğĭĭĻƦƷğƓĭĻ ƚŅ CƩźķƌĻǤ͵ 5. Upon final completion and prior to final payment to the Project Contractor by Fridley, Columbia Heights will provide certification that the work is complete and accepted by Columbia Heights. This certification may be withheld by Columbia Heights until such time as all work is completed to the acceptance of Columbia Heights. SECTION D MAINTENANCE RESPONSIBILITIES 1. Maintenance and upkeep of the Improvements after completion shall be in accordance with existing policies and responsibilities of the respective Cities in place prior to construction of the Improvements. 5 245 Jufn!22/ SECTION E MISCELLANEOUS PROVISIONS 1. Compliance with Laws. The parties agree to comply with all laws, ordinances and regulations of Minnesota applicable to this Agreement and the construction of the Improvements. This Agreement shall be construed and enforced according to the laws of Minnesota. 2. Indemnification. Each party will be responsible for claims and damages resulting from the acts, errors and omissions of its officers, employees and agents and will defend and indemnify the other party for any such claims; provided, however, that nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which either party is entitled under Minnesota Statutes, Chapter 466, or otherwise. 3. Notices. Any notices or correspondence required to be given under this Agreement or any statute or ordinance shall be in writing and shall be deemed to be given if delivered personally or mailed postage-prepaid by certified mail, return receipt requested: a. As to Columbia Heights: City of Columbia Heights th 590 40 Avenue NE Columbia Heights, MN 55112 ATTN: City Manager b. As to Fridley City of Fridley 7071 University Ave. N.E., Fridley, MN 55432 ATTN: City Manager or at such other address as either party may, from time to time, notify the other in writing in accordance with this paragraph. 4. Severability. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 5. Nonwaiver. If either party waives any default or non-performance by the other party in writing, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 6. Preamble and Recitals. The preamble and recitals set forth on page one of this Agreement are incorporated into and made a part of this Agreement. 7. Paragraph and Section Headings. The paragraph and section headings used in this Agreement have no legal significance and are used solely for convenience of reference. 6 246 Jufn!22/ 8. Entire Agreement. This Agreement and its Exhibits attached hereto, if any, evidence the entire agreement between the parties relating to the subject matter addressed herein and supersedes all other prior agreements and understandings, written or oral, between the parties. 9. Amendment. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto or their successors. 10. Contract Administration. To the degree permitted by state law, Columbia Heights ķĻƭźŭƓğƷĻƭ CƩźķƌĻǤ ğƭ źƷƭ ƩĻƦƩĻƭĻƓƷğƷźǝĻ ğǒƷŷƚƩźǩĻķ Ʒƚ ğĭƷ ƚƓ /ƚƌǒƒĬźğ IĻźŭŷƷƭ͸ƭ ĬĻŷğƌŅ ǞźƷŷ ƩĻƭƦĻĭƷ to this Agreement. To the degree permitted by state law, Fridley designates its City Manager, or his/her designee as ğǒƷŷƚƩźǩĻķ źƓ ǞƩźƷźƓŭͲ ğƭ źƷƭ ƩĻƦƩĻƭĻƓƷğƷźǝĻ ğǒƷŷƚƩźǩĻķ Ʒƚ ğĭƷ ƚƓ CƩźķƌĻǤ͸ƭ ĬĻŷğƌŅ ǞźƷŷ ƩĻƭƦĻĭƷ Ʒƚ Ʒŷźƭ Agreement. 11. Limitations. This Agreement is not intended to and shall not create rights of any character whatsoever in favor of any person, corporation, association or entity other than the parties to this Agreement and their successors and assigns, and the obligations herein assumed are solely for the use and benefit of the parties to this Agreement and their successors and assigns. 12. Non-Assignment. The parties hereto agree that neither party shall assign, sublet, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the non-assigning party. 13. Counterparts. For the convenience of the parties, any number of counterparts hereof may be executed and each such executed counterpart shall be deemed an original, but all such counterparts together shall constitute one in the same Agreement. 14. Data Practices. Data provided to either party or received from either party under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 15. Termination. This Agreement shall terminate with the expiration of the project warranties, or two years after the agreement date, whichever is later. \[The remainder of this page is intentionally blank.\] 7 247 Jufn!22/ IN TESTIMONY WHEREOF, the City of Columbia Heights has caused this Agreement to be executed the day and year first above written. CITY OF COLUMBIA HEIGHTS By: _______________________________________ Amáda Márquez Simula, Mayor By: _______________________________________ Kelli Bourgeois, City Manager IN TESTIMONY WHEREOF, the City of Fridley has caused this Agreement to be executed the day and year first above written. CITY OF FRIDLEY By: _______________________________________ Scott Lund, Mayor By: _______________________________________ Wally Wysopal, City Manager 8 248 Jufn!22/ EXHIBIT A PROJECT LOCATION MAP 249 Jufn!22/ 24: Jufn!22/ 251 Jufn!22/ 252 Jufn!23/ AGENDA REPORT Meeting Date:June 27, 2022 Meeting Type:City Council Submitted By: Ryan George, Deputy Director of Public Safety Melissa Moore, City Clerk Title Resolution No. 2022-80, Approving Temporary Intoxicating Liquor Permit for Abigail Kosberg for an Event to be Held at the North Suburban Center for the Arts on July 16, 2022 Background Pursuant to certain sections of the Fridley City Code (Code), certain business licensing activities require approval of theFridleyCity Council(Council), includingTemporary Intoxicating Liquor licenses. The City received an application from Abigail Kosberg on June 23, 2022 for a Temporary Intoxicating Liquor Permit for an event to be held at the North Suburban Center for the Arts on July 16, 2022. This copies of this Agenda Report and corresponding resolution will be made available to the Council and anyone in attendance. Staff have performed the required verification steps spelled out in Chapter 603 of the Code. Upon approval of the Council the signed resolution will be forwarded on to the State for issuance of the license. Financial Impact All revenues for licensing were anticipated as part of the 2022Budget. Recommendation Staff recommend the approval of Resolution No. 2022-80. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2022-80 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 253 Jufn!23/ Resolution No. 2022-80 Approving Temporary Intoxicating Liquor Permit for Abigail Kosberg for an Event to be Held at the North Suburban Center for the Arts on July 16, 2022 Whereas, the Fridley City Code (Code) and various sections of Minnesota Statute (M.S.) direct licensing requirements for certain business activities within the City of Fridley (City); and Whereas, pursuant to Section 603 of Code, the City Council shall approve liquor licenses; and Whereas, a Temporary License for Intoxicating Liquor application was submitted by Abigail Kosberg for an event to be held at the North Suburban Center for the Arts on July 16, 2022; and Whereas, and Whereas, applicable City staff recommend the approval of the following license by the City Council. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the Temporary License for Intoxicating Liquor to be issued to Abigail Kosberg for an event to be held at the North Suburban Center for the Arts on July 16, 2022. Liquor Type of License Applicant Staff Approval City Code Minnesota Statute Temporary Abigail Kosberg, !Public Safety Chapter 603 M.S. § 340A Intoxicating North Suburban Liquor Center for the Arts Passed and adopted by the City Council of the City of Fridley this 27th day of June, 2022. _______________________________________ Scott J. Lund Mayor Attest: ___________________________________ Melissa Moore City Clerk 254