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01/06/1997 - 4773OFFICIAL CITY COUNCIL AGENDA COUNCIL MEETING JANUARY 6, 1997 �� cinor Fr�a.� FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Manday, Januany G, 1997 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER v FRIDLEY CITY COUNCI�. MEETING OF E a-nr oF JANUARY 6, 1997 FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treahnent, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Councii Meeting of December 16, 1996 ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIALS: Nancy J. Jorgenson: Mayor Robert L. Barnette: Counciimember-at-Large PROCLAMATION: William J. Nee Appreciation Week: January 6 - 12, 9997 FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1997 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Resolution Designating Official Depositories for the City of Fridley . . . . . . . . . . . . . . . . . . 1.01 - 1.03 Resolution Designating an Official Newspaper for the Year 1997 . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.02 Resolution Imposing Load Limits on Public Streets and Highways in the City of Fridley, Minnesota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.05 Resolution Designating Director and Alternate Director to the Suburban Rate Authority . . . . . . . . . . . . . 4.01 - 4.02 First Reading of an Interim Ordinance Establishing, Under the Provisions of Minnesota Statutes Section 462.355, a Moratorium Within the City of Fridley on Construction or Expansion of Multi-Bay Warehouse or Similar Trucking-Based Product Distribution Facilities . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.04 0 FRIDLEY CITY COUNCiL MEETING OF JANUARY 6, 1997 Page 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS �CONTINUED): Approve Contract Between the City. of Fridley and Weaver & Associates for Consulting Services for Wireless Communication Towers . . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.13 Approve Memorandum of Understanding With Anoka Conservation District . . . . . . . . . . . . . . . . . . 7.01 - 7.03 Establish a Public Hearing for January 27, 1997, for the 1997 CDBG Program Allocation ......... 8.01 - 8.02 Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to Totino-Grace High School (Maple Lanes Restaurant) (Ward 2) . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.02 FRIDLEY CITY COUNClL MEETING OF JANUARY 6, 1997 Page 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to Totino-Grace High School (Sharx Club) (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.02 Resolution Authorizing Signing an Agreement Establishing Working Conditions and Hours of Police Officers of the City of Fridley Police Department for the Years 1996 and 1997 ................................11.01-11.22 Resolution Authorizing Signing an Agreement for Certain Employees Represented by International Union of Operating Engineers Local No. 49, AFL-CIO (Public Works Maintenance) for 1997 and 1998 . . . . . . . . . . . . . . . . . . . 12.01 - 12.28 Approve Agreement between the City of Fridley and ETC Fridley Communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.01 - 13.03 � e L FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1997 Page 5 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Appointment: City Employee . . . . . . . : . . . . . . . . . . . . . . 14.01 , � Claims ....................•--.............15.01 Licenses ....................................16.01-16.08 Estimates.......................a.............17.01 I ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) � r � FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1997 PUBLIC HEARING: Page 6 Ordinance Amending Section 12.07 of the Fridley City Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.01 - 18.02 , Vacation Request, SAV #96-04, by Keller Structures to Vacate a Drainage and Utility Easement, Generally Located South of 61 st Way, East of East River Road, and West of the Burlington Northern Railroad Tracks (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.01 - 19.12 1997 City Council and Staff Appointments to Various Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.01 Appointments to Commissions . . . . . . . . . . . . . . . . . . . . . . . . . 21.01 Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.01 ADJOURN: 0 FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1997 � �I cmr oF FRIDLEY The Ciry of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided io allow individuais with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids shouid contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Counci! Meeting of December 16, 9996 ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIALS: Nancy J. Jorgenson_ Mayor Robert L. Barnette: Councilmember-at-Large PROCLAMATION: �lliam J. Nee Appreciafion Week: January 6 - 92, 1997 APPROVAI. OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Resolution Designating Officiai Depositories for the City of Fridley 1.01 - 1.03 Resolution Designating an Official Newspaper for the Year 1997 . 2.01 - 2.02 NEW BUSINESS�CONTINUEDI: Resolution Imposing Load Limits on Public Streets and Highways in the City of Fridley, Minnesota . . . . . . . . . . . . . . . . . . 3_01 - 3.05 . , Resolution Designating Director and Aiternate Director to the Suburban Rate Authority . . . . . . . . . . . . . . . 4.01 - 4.02 , � � ,� First Reading of an Interim Ordinance Establishing, Under the Provisions of Minnesota Statutes Section 462.355, a Moratorium Wi#hin the City of Fridley on Construction or Expansion of Multi-Bay Warehouse or Simila� Trucking-Based Produci D�stribution Facilities .._ 5.01 - 5.04 � � � . �� f� �' Approve Contract Between the City of Fridley and Weaver & Associates for Consulting Services for Wireless Communication Towers . . . . 6.01 - 6.13 � � . .�,. . , < _ — Approve Memorandum of Understanding Wth Anoka Conservation District 7.01 - 7.03 Establish a Public Hearfng for January 27. �� ` ��' 1997, for the 1997 CDSG Program Allocation 8.01 � 02 ,� . �.� � , � �a � - -� APPROVALOF PROPOSED CONSENT AGENDA- NEW BUSINESS (CONTINUED� Resolution in Support of an Appiication for a Minnesota Lawful Gambling Premise Permit to Totino-Grace High School (Maple Lanes Restaurant) (Ward 2) .... 9.01 - 9.02 , � % , Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to Totino-Grace High School (Sharx Club) (Ward 3) . . . . . . . . . . . . . . . . . . . 10.01 - 10.02 , : , rz .. �'.. . /�� • `� t. . "' n Resolution Authorizing Signing an Agreement Establishing Working Conditions and Hours of Police Officers of the City of Fridley Police Department for the Years 1996 and 1997 ..................... 11.01 -11.22 �', �. .� Resolution Authorizing Signing an Agreement for Certain Employees Represented by International Union of Operating Engineers Local No. 49, AFL-CIO (Public Works Maintenance) for 1997 and 1998 12.01 - 12.28 � . .. � Approve Ag�eement between the City of Fridley and ETC Fridley Communications . . . . . . . . . . . . . 13.01 - 13.03 Appointment: City Employee . . . 14.01 , ._ ,. t_ _._ .,` Claims `" .........:.......... 15 01 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUEDI• Licenses _ . . . :'.. f,-a.: : �,. . . : : : 16.01 - 16.08 Estimates � = ,; � :�_z� ` . `�-:�-� _ . . 17.01 � ADOPTION OF AGENDA: � .. � �- ' _, , � - - �7[ lr..� i. OPEN FORUM. VISITORS• (Consideration of Items not on Agenda - 15 Minutes) ,� y � -_ -� , �_ _ , ._ . _ ___ PUBLIC HEARING: Ordinance Amending Section 12.07 of the Fridley City Charter . . . . . . . . . . . . . . 18.01 - 18.02 � ,��' .' � � t � � �� Vacation Request, SAV #96-04, by Keller Structures to Vacate a Drainage and Utility Easement, Generally Located South of 61 st Way, East of East River Road, and West of the Burlington Northern Railroad Tracks (Ward3) ..................... 19.01-19.12 ° .� .' ,. <� r' ; , �-- 1997 City Council and Staff Appointments to Various Agencies . . . . . . . . . . . . . . . . . 20.01 , �, , �n _f �_ .. . � f � , _ '_ / 7 `` �.�,_� ,� z- _ 7:�_ ��, r , r� � > �� , �,,- � n, , r . ° � ��_... . �tr< � .�, . ��s-2 r",��i_ . r _ � . . !�; t , r_ �� ,�;,,. , . �� , _ . ,�' �;;� �. , „ z � _c c �4_ Appointments to Commissions . . ° ' �✓: . . 21;.01 � f _ , �, �. t . , , � - , y__, � �. _ ` �---� , c . . � . �_ � � ,� _ `� / , � , _ � , ., � � s, �,:� � ; -, �- t'�, : ,_ , r � � . „ ti ; ..,.�.. . . t � � .� � �- �� ,�.- , �. < < � :< .,i� �, , Informai�Status R�ports . . . 22.0 i , �'. ��'�� `- �,� � . .< ! �� _.i r „ . , , � � " �`FI �. ADJOURN: � ' ' � �'��- �� ` � , t, j.;> �i1i , � r �_ ,� 17 THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING C>F DECEMBER 16, 1996 0 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF � DECEMBER 16, 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 8:08 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the City Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Council- woman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 25, 1996: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SPECIAL COUNCIL MEETING, DECEMBER 4, 1996: MOTION by Councilwoman Bolkcom to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Bolkcom noted that the word "special" was misspelled in the header and should be corrected. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: l. ORDINANCE N0. 1085 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTION 205.16.O1.0 BY ADOPTING NEW SECTION 205.16.O1.0 (5) TO ALLOW PROFESSIONAL JEWELRY SFRVICES WITH A SPECIAL L�SE PERMIT (ZONING TEXT �1MENDMENT, ZTA ##96-03, BY ROLAND STINSK:I) : Mr. Burns, City Manager, stated that a public hearing was conducted by the Council on this proposed amendment, with no adverse comments. This ordinance is recommended �with three stipulations: {1) retail sales may not exceed more than 25 0 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 2 percent of the space that is devoted to jewelry use; {2) no exterior signage is permitted; and (3) there shall be no separate exterior entrance for retail sales. WAIVED THE READING AND ADOPTED ORDINA�iCE NO. 1085 ON THE SECOND READING AND ORDERED PUBLICATION. 2. ORDINANCE NO. 1086 AMENDING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTIONS 205.07.01.0 (8), 205.08.O1.0 (8), 205.09.O1.0 {7), AND 205.14.01.A (14), TO PROVIDE PARKING STANDARDS FOR HOSPITALS, NURSING HOMES, CONVALESCENT HOMES, AND HOMES FOR THE ELDERLY: Mr. Burns, City Manager, stated that this request was made by Noah' s Ar}�, a developer of senior residences, that wishes to construct a senior high rise on property located at the intersection of 83rd Avenue and West University Avenue Service Drive. The petitioner requests that Council make a distinction between senior apartment buildings and general purpose apartmer�t buildings. Mr. Burns stated that our ordinances currently apply to all multi-family buildings and require 1.5 parking spaces for one bedroom units ��nd a 0.5 parking space for each additional bedroom. The netitioner is asking that the requir'ement be reduced to 1.0 spaces per unit, with fifty percent of those spaces being enclosed for multiple family residences that are dedicated to senior living. Mr. Burns stated that staff is also suggesting that the parking ratio b�� reduced for convalescent homes to one space for every four beds and three spaces for every four employees on a shift. A public hearing was held on October 28, with no adverse comments. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1086 ON THE SECOND READING AND ORDERED PUBLIGATION. 3. ORDINANCE NO. 1087 ESTABLISHING BY INTERIM ORDINANCE A MORATORIUM WITF�IN THE CITY ON THE CONSTRUCTION OF NEW COMMtTNICATION AND ANTENNA ARRAY TOWERS AND ON THE USE AND DEVELOPMENT OF PROPERTY FOR SUCH NEW TOWERS THEREBY AMENDING THE CITY CODE BY ADDING A NEW SECTION FOR THAT PURPOSE: Mr. Burns, City Manager, stated tnat as a result of new wireless communication technology, the City is receiving a number of requests for siting of "personal communications services" towers. The City's current ordinance may not adequately address issues related to these types of towers (i.e. locations and conditions under which they are allowed). Mr. Burns stated that the City feels a need to investigate FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 3 structural and construction requirements and standards, possible co-location of these facilities, setbacks, and height limitations. A study will be done to investigate issues related to these towers and to determine the public regulatory controls that may need to be adopted. In order t:o complete the study, a 180-day moratorium is requested on construction, reconstruction, or expansion of existing towers within the City. This moratorium applies to both pending and to-be submitted applications for final site and bui]Lding plan approval, building permits, conditional use permits and other permits or related variance requests. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 4. RECEIVE THE MINUTES OF THE PI,ANNING COMMISSION ]`�IEETING OF NOVEMBER 20, 1996: RECEIVED THE MINUTES OF THE PLANNING COMMISSION ]N�ETING OF NOVEMBER 20, 1996. 5. ESTABLISH A PUBLIC HEARING FOR JAN[JARY 6, 1997, FOR A VACATION REQUEST, SAV #96-04, BY KELLER STRUCTURES,TO VACATE A DRAINAGE AND UTILITY EASEMENT, GENEFt�LLY LOCATED SOUTH OF 61ST WAY, EAST OF EAST RIVER ROAD, AND WEST OF THE BURLINGTC�N NORTHERN RAILROAD TRACKS (WARD 3): Mr. Burns, City Manager, stated it is requested that January 6, 1997, be set as the date for the public hearing on Vacation Request, SAV #96-04. The Planning Commission approved this vacation at their November 20, 1996 me�eting. SET THE PUBLIC HEARING DATE FOR VAGATION REQUEST, SAV #96-04, FOR JANUARY 6, 1997. 6. APPROVE 1997 DEVELOPMENT REVIEW SCHEDULE FOR PLANNING COMMISSION, APPEALS COMMISSION, AND CITY COUNCIL ACT'IONS: Mr. Burns, City Manager, stated that this proposed c.alendar is for review of various land use applications. The City needed to bring consideration of these applications into compliance with the State's sixty-day agency action law. Each schedule contains the application deadline; date by which the City must notify applicants that their application is com�>lete; the Planning or Appeals Commission meeting date; tr�e Council meeting date; and the date on which the 60 days expires. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 4 APPROVED THE 1997 DEVELOPMENT REVIEW SCHEDULE FOR PLANNING COMMISSION, APPEALS COMNIISSION, PND CITY COUNCIL ACTIONS. 7. ESTABLISH A PUBLIC HEARING FOR JANUARY 6, 1997, FOR AN ORDINANCE AMENDING SECTlON 12.07 OF THE FRIDLEY CITY CHARTER (VACATION OF STREETS): Mr. Burns, City Manager, stated that a public hearing should be set for January 6, 1997 on the proposed amendment of Section 12.07 of tr�e City Charter. This section applies to the vacation of streets, easements, and alleys. This amendment would provide Council with the authority to vacate streets by resolution rather than by ordinance. Mr. Burns stated that this amendment was approved by the Charter Commission at their November 25, 1996 meeting. SET THE PUBLIC HEARING FOR JANLJARY 6, 1997 ON THE PROPOSED ORDINANCE AMENDING SECTION 12.07 OF THE CITY CHARTER (VACATION OF STREETS). 8. APPROVE CONSULTING SERVICES AGREEMENT WITH PLAN SITE COMPANY TO PROVIDE GIS �ECHNICAL ASSISTANCE: Mr. Burns, City Mariager, stated that a contract for consulting services is necessary to implement the GIS "Range Rider" program established in a joint powers agreement between the cities of Fridley, Columbia Heights and Andover. Six proposals were received ranging from $38,820 to $130,000. Staff of the three cities are recommending the consulting contract be awar..ded to Plan Site GIS and Planning Technologies in the amount of $40,000. Mr. Burns stated that the consultant work will consist of identification of data bases, organization and documentation of data bases, verification of existing GIS base maps, development of custom GIS applications, and provision of customized trairling. APPROVED CONSULTING SERVICES AGREEMENT WITH PLAN SITE COMPANY TO PROVIDE GIS TECHNICAL ASSISTANCE. 9. RESOLUTION NO, 118-1996 AUTHORIZING AN INCREASE IN COMPENSATION FOIZ FRIDLEY CITY EMPLOYEES FOR THE 1997 CALENDAR YEAR: Mr. Burns, City Manager, stated that this resolution provides for a three percent cost of living increase and also for a three percent increase in automobile allowances. It also provides a one cent increase for employees that use their vehicles for City business. ADOPTED RESOLUTION NO. 118-1996. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 5 10. 11. RECEIVE BIDS AND AWARD CONTRACT FOR THE INSTALLATION OF REMOTE CONTROL CAMERAS AND RELATED ITEMS IN THE COUNCIL CFiF�'IBERS: Mr. Burns, City Manager, stated that two bids were received for the installation of remote control cameras and related items in the Council Chambers. The low bid was from Fred's Service, Richfield, Minnesota, in the amount of $31,529 for equipment and $1,475 for labor, or a total bid of $�;3,004. It is recommended that the bid be awarded to Fred's Service in the amount of $33,004. This is $5,004 over th�� budgeted amount. He recommended that the difference be taken from the CATV.fund balance. He requested that Council a��prove the contract award and the shortage be taken from the CATV fund balance. RECEIVED THE FOLLOWING BIDS: FRED'S SERVICE, $33,0�04 (BA.SE) , $43,460 (ALTERNATE) AND AVI SYSTEMS, $38,736.65 (SA.SE), $40,124.73 (ALTERNATE). AWARDED CONTRACT TO FRED'S SERVICE, RICHFIELD, MINNESOTA, IN THE AMOUNT OF $33,004, WITH� $5,004 TO BE TAKEN FROM THE CATV FUND BAI�ANCE. RESOLUTION NO. 119-1996 �PPROVING EIGHTH RIDER TO THE ST. PAUL WATER WORKS AGREEMENT {OSBORNF ROAD BICYCLE PATH): Mr. Burns, City Manager, stated that this agreement allows for the Osborne Road bike path to be constructed over the waterworks line on Osborne Road between Old Central and Stinson Boulevard. The City previously approved the agreement but not the resolution. ADOPTED RESOLUTION NO. 119-1996. 12. AUTHORIZE STAFF TO EXECUTE A CONTRACT WITH BARTON ASCHMI�N ASSOCIATES FOR THE DESIGN OF THE I-694 AND HIGHWAY 47 WESTBOUND RAMP: Mr. Burns, City Manager, stated that with construction of The Home Depot, the Minnesota Department of Transport=ation was requested to consider modification of the I-694 westbound ramp to University Avenue. While MnDOT is willing to complete the reconstruction of the ramp, they are asking the Ci'ty to fund the design. Since Barton Aschman Associates completed preliminary design work for The Home Depot, it is appropriate to award the contract for the design to them. The cost for this work is $38, 600, and the City has a commitmeni� from The Home Depot to pro�ide up to 545,000 for this wor}>. He requested that Council authorize staff to execute a contract with Barton Aschman. APPROVED THE EXECUTION OF A CONTRACT WITH B�ARTC)N ASCHMAN ASSOCIATES FOR THE DESIGN OF THE I-694 AND HIGHWAY 47 WESTBOUND RAMP AT A COST OF $38,600. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 6 13. RESOLUTION NO. 120-1996 APPROVING AND AUTHORIZING SIGNING �1N AGREEMENT ESTABLISHING WORKING CONDITIONS AND HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEARS 1996 AND 1997: 14 15. Mr. Burns, City Manager, stated that the proposed amendments to the police contract would allow the changing of police officers' working hours from eight-hour shifts to twelve-hour shifts beginning January l, 1997. Most of the changes relate to the accrual of leave time. Another change will allow police administration flexibility in establishing work periods. The twelve-hour shift proposal is to be tried on an experimental basis for one year, and is strongly supported by the police officers, as this has worked well in other cities. All changes in the contract are cost neutral. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 120-1996. RESOLUTION N0. 121-1996 DELETING AN AUTHORIZED POSITION AND ADDING AN AUTHORIZED POSITION IN THE POLICE DEPARTMENT OF THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated it is proposed that one sergeant position be added and one corporal position be deleted to accommodate the twelve-hour shift arrangement in the Police Department. This change would increase the number of sergeants from four to five and reduce the number of corporals from three to two. The expected additional cost for the sergeant's salary is to be absorbed through reductions in overtime. ADOPTED RESOLUTION NO. 121-1996. RESOLUTION NO. 122-1996 AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT: Mr. Burns, City Manager, stated that application September for reimbursement of expenses incurred in connection with an emergency exercise at Unit The grant was for $2,000 and approved by the U.S of Transportation. This resolution enables the the agreement for reimbursement of City expens recommends Council's approval. ADOPTED RESOLUTION NO. 122-1996. 16. APPOINTMENTS: CITY EMPLOYEES: was made in by the City y Hospital. . Department City to sign es. Staff Mr. Burns, City Manager, stated it is recommended that Corporal Don Abbott be promoted to the newly created Police Sergeant positiorl. Corporal Abbott has an AA degree in law FRIDLEY CITY COUNCIL NIEETING OF DECEMBER 16, 1996 PAGE 7 enforcement, a BA degree in Public Administration, and is working on his Master of Public Affairs degree at the University of Minnesota. Corporal Abbott finished first in a competitive exam for the position of Sergeant conducted in 1995, and is currently first on the promotional lis�t certified by the Police Civil Service Commission. Mr. Burns stated it is also recommended that Julie Jones be appointed as Planning Assistant/Recycling Coordinator. Ms. Jones graduated form the University of Minnesota with a BS degree in housing. She has nine years experience in recycling programs working for the cities of Crystal and Edina. She has also worked with a variety of housing programs at the cities of Crystal and Brooklyn Park. CONCURRED WITH THE FOLLOWING APPOINTN�NTS BY THE CI7CY MANAGER: Name Position Donovan Sergeant Abbott Exempt Julie Ping. Asst./ Jones Recycl. Coord. Exempt 17. CLAIMS: Starting Salary $53,531.88 per year (1996 rate) $28,945.76 per year (1996 rate) Starting Date Jan. l, 1997 Jan. 6, 1997 Replaces New Position Elizabeth Campbell AUTHORIZED PAYMENT OF CLAIM NOS. 71424 THROUGH 7171E�. 18. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 19. ESTIMATES: THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. Mr. Dave Hagen, representing Sprint Spectrum, requested that Item 3 be placed on the regular agenda. Mr. Bur:�7s, City Manager, requested that estimate Tdo. 5 to Thomas and Sons ior the 1996 Street Improvement Project No. ST. 1196 - 1_ & 2. in the azrtount of $1?_, 292. 62 be deleted. MOTION by Councilman Schneider to approve the consent agenda items, with the exception of Items 3 and 19. 5ecol�ded bv Councilwoman FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 8 Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the addition of Items 3 and 19 from the consent agenda. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Ms. Barbara Warren, rridley Chamber of Commerce, stated that there are four students attending the City Council meeting this evening who are studying city government and citizenship. These students, who are ninth graders in Mr. Frank's political science class, introduced themselves to the City Council. They were Shawn Moore, Josh Hebzynski, Gordon Hill, and Tony Warren. The Mayor and Counr.il welcomed these students to the Council meeting. OLD BUSINESS: 20. VARIANCE REQUEST, VAR ##96-22, BY MILLER FUNERAL HOME, TO REDUCE THE REAR YARD SETBACK FROM 40 FEET TO 33 FEET TO ALLOW THE CONSTRUCTION OF A 22.7 FOOT BY 60 FOOT ADDITION TO A STORAGE BUILDING; TO REDUCE THE FRONT YARD SETBACK ON A CORNER LOT FROM 80 FEET TO 37 FEET, TO ALLOW THE CONSTRUCTION OF A 30.5 FOOT BY 66 FOOT ADDITION TO AN EXISTING FUNER.A_L HOME, GENERALLY LOCATED AT 6210 HIGHWAY 65 N.E. {TABLED NOVEMBER 25, 1996) (WARD 2) : MOTION by Councilman Schneider to remove this item from the table. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declar.ed the motion carried unanimously. Mr. Hickok, Planning Coordinator, stated that the property is located at 6210 Highway 65, and the variance request was tabled to allow the petitioner time to contact adjacent property owners regarding this variance request. The petitioner did not have time to contact the proper.ty owners to complete his survey. In order to comply with the sixty-day requirement, a decision must be made by January 3, 1997 on tYlis request . Mr. Scott Lexvold, representing Miller Funeral Home, stated that he was here this evening to answer any questions from Council. Councilman Schneider stated that this variance has been before the Council several times. There was concern about the impact to the residential neighborhood. The petitioner agreed to survey the neighboring residents and to provide the results to Council. FRIDLEY CITY COUNCIL MEETING OF DECEMBE� 16, 1996 PAGE 9 Mr. Lexvold stated that he has not done anything beyond the letter that was sent dated August 21. Councilman Schneider stated that he received several calls fro� residents, and he hoped the petitioner would address the issues raised. Without this information, he cannot support the variance request. Mr. Lexvold stated that there are two parts to this variance. He understood that there was concern about the addition to the existing building, but there were questions on the garage addition. He asked if these two issues could be split and addressed separately. Councilman Schneider felt that the petitioner was given adequate time and knew Council was interested in finding out the concerns of the neighbors. He felt these concerns were not taken seriously and is inclined to deny al1 portions of the v�riance. Mr. Lexvold stated that the contacts would have had to have been made over the Thanksgivirlg holiday. He Ylad only two evenings free and chose to spend this time with his family. In August the residents in the neighborhood were sent letters, which he outlined. He stated that 24 letters were mailed but only twelve responded. Of these twelve responses, three were in agreement ��,�ith their proposal, and nine were opposed. Mr. Lexvold stated that it was hoped they could come to an agreement to answer the neighborhood's concerns and still allow the addition to the existing structure. They would install a ten-foot wooden fence along the property line to shield the structure from the existing neighborhood, as well as install landscapinc�. Councilman Schneider stated that three-fourths of the residents who responded to the letter did not agree with the petitioner's request. Mr. Lexvold pointed out that only half of the residents were concerned enough to respond. Councilman Schneider felt that Mr. Lexvold was given the opportunity to contact the residents and did not act in good faith since this has not been done. MOTION by Councilman Schneider to der_y Variance Request, VAR #96-22. Seconded by Councilwoman Jorgenson. Councilwoman Bolkcom asked Mr. Lexvold if` the time eleme��it was the reason he did not contact the residents. T�fr. Lexvold stated that the two nights he had ava.ilable, he chose no � to con*�act tl�� residents . FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 10 Councilman Schneider stated that when Mr. Lexvold can find time to contact the residents, he could then re-apply for the variance. Mayor Nee stated that it seems the petitioner was given every opportunity to comply. He did not understand why this was not done, as it does create some problems. Councilwoman Bolkcom asked if a portion of the variance was approved if they could proceed with their proposal Mr. Lexvold stated that the addition to the main building would give them the space they need immediately. Councilman Schneider suggested that perhaps the funeral home has outgrown the site. He would prefer to deal with this as a compre- hensive plan rather than piecemeal. He felt that the neighborhood issues could be resolved. Mr. Lexvold stated that the only reason to separate the variances was to enable them to proceed with the addition to the existing building. It may be possible they would not need the addition to the storage building, but he is not in a position to speak for the corporation. Mayor Nee stated that he was disappointed. He felt that Miller Funeral Home has been an asset to the community. Mr. Lexvold stated that it was not his intention to offend anyone. Councilwoman Bolkcom asked if there were any other options for the petitioner. Mr. Knaak, City Attorney, stated that, as noted by staff, Council must make a decision by January 3, 1997 in order to comply with the sixty-day requirement. Since there are no Council meetings until January 6, 1997, a decision must be made this evening. UPON A ROLL CALL VOTE TAKEN ON THE MOTION TO DENY VARIANCE REQUEST, VAR #96-22, Councilman Schneider, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom and Councilman Billings voted against the motion. Mayor Nee declared the motion carried. 3. ORDINANCE N0. 1087 ESTABLISHING BY INTERIM ORDINANCE A MORATORIUM WITHIN THE CITY ON THE CONSTRUCTION OF NEW COMMIJNICATION AND ANTENNA ARRAY TOWERS AND ON THE USE AND DEVELOPMENT OF FROPERTY FOR SUCH NEW TOWERS THEREBY AMENDING THE CITY CODE BY ADDING A NEW SECTION FOR THAT PURPOSE: Mr. Dave Hagen, PropE�rty Specialist with Sprint Spectrum, stated that he appreciated the opportunity to address Council concerning this proposed morator.LLUn. As Council is aware, Sprint Spectrum is � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 11 one of the purchasers of a license from the FCC to provide personal communication services to the Twin City area. Their qoal is to launch service in Minneapolis the first quarter of 1997. They have been working with City staff and have been before the Planning Commission and the City Council for approval of one request. Their second request was recently submitted, and he became aware the City was considering a moratorium. Mr. Hagen stated that Sprint Spectrum is eager to provicie services to the citizens of the community and residents from the other areas. He requested that Council exempt those requests that have been submitted prior to institution of the moratorium. They would like to provide good service to this part of the metro area. That is the reason for his request. Councilwoman Bolkcom asked Mr. Hagen why he felt the requests that have been submitted should be granted. Mr. Hagen stated that he has been working on this particular proposal with City staff for a number of months. Councilwoman Bolkcom stated that the National League of Cities and many other cities ar� working on moratoriums because it is new technology. There are also concerns about the impact on the residents in the community. Councilman Schneider stated that there are many issues and nuances in the ordinance requiring aesthetic treatment of the towers. For example, in one community all the towers have to be camouflaged as trees. He felt that there are a lot of issues that need to be addressed. Some time is needed to research what is being done in order to be fair to the applicant, as well as the residerits. Mr. Hagen stated that they have chosen the location of the proposed tower very carefully with concern about how it may affect the community. MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 1087 on the second reading and order publication. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 21. RESOLUTIOTd N0. 123-1996 ADOPTING A BUDGET FOR THE FISCAL YEAR 1997: I�r. Pribyl, rinance D.irector, stated that this budget was prepared in accordance with Chapter 7 of the City Charter. Counr_il held a publi_c hearing on Decembe� 4 regarding adoption or the budget, concurred that r_he buc�iget document was �repared appropr_.iately, and r�r_esPnted in ;�,•�.�rran�:� rliih the Truth in Taxatior! notice. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 12 Mr. Pribyl stated that the budget was presented in detail by the City Manager at the December 4 meeting. The total budget is $13,380,417 and consists of four components: General Fund, $10,029,705; Special. Revenue Funds, $889,197; Capital Project Funds, $2,457,604; and Agency Fund, $3,911. Mr. Pribyl stated Lhat a property owner's tax would actually decrease 5.33 percent: for a home valued at $90,000 This decrease is the City portion of the property tax bill. MOTION by Councilwoman Bolkcom to adopt Resolution No. 123-1996. Seconded by Councilwaman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. RESOLUTION NO. 124-1996 DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REQUIREMENTS FOR 1997 TO THE COUNTY OF ANOKA FOR COLLECTION: Mr. Pribyl, Finance Director, stated that this resolution satisfies Section 7.02 of the City Charter which requires that if the City were to levy a tax irl excess of 16 mills, a resolution needs to be passed showing the necessity of such a tax. In 1988, the State Legislature changed the method of computing the tax levy from mill levy to tax capacity. Since the City Charter has not been changed to reflect this change in the tax law, this resolution is necessary. Mr. Pribyl stated that the second part of the resolution certifies t.he tax levy requirement for the 1997 budget to Anoka County. MOTION by Councilman Schneider to adopt Resolution No. 124-1996. Seconded by Councilwaman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. APPROVE 1997 SCHOOL REFERENDUM LEVY RETURN AGREEMENTS (SCHOOL DISTRICT NOS. 11, 13, 14 AND 16): Mr. Pribyl, Finance L�irector, stated that these agreements are the same as the City has been providing to the school districts for the last nine years. I'rie agreements were approved by the school districts and will r_eturn tax increment payable in 1997. The agreements are voluntary on the City's part. The amounts estimated to be returned to each school district are as follows: School District No. 11, $17,930; School District No. 13, $3,878; School District No. 14, $227, 121; and School District No. 16, $66, 898; or a total of $315,827. MOTION by Councilwoman Jorgenson to approve the 1997 school referendum levy return agreements with School District Nos. 11, 13, 14 and 16. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimoUSly. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 13 24. APPROVE THE MINNESOTA DEPARTMENT OF TRANSPORTATION'S PT�ANS FOR AND THE CITY'S COST PARTICIPATION IN THE TRAFFIC SIGNAL INTERCONNECT SYSTEM ON HIGHWAY 65 (4�'ARDS 1 AND 2): Mr. Flora, Public works Director, stated that the Minnesota Department of Transportation is proposing to upgrade the signal control wires to improve the signal coordination and timing along Highway 65 from Lake Poirite Drive north to 85th Avenue. The City is being requested to participate ir� the signal improvements at an estimated cost of $15,416 to cover the cost for the cable. The City will be requesting State Aid funds for these improvements. The improvements include the intersections of Lake Pointe, Rice Creek Road, Mississippi Street, 73rd Avenue and Osborne Road. MOTION by Councilwoman Jorgenson to approve the Minnesota Department of Transportation's plans and the City's cost participation in the amount of $15,416 for the cost of the cable to upgrade the signals on Highway 65. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried undnimously. 25. FIRST READING OF AN ORDINANCE AMENDING SECTIOi�,T 2.OEi.01 OF THE FRIDLEY CITY CHAFtTER {VACANCIES IN THE COUNCILj: Mayor Nee stated that the City Charter alreadv describes the satisfactory performance or non-performance and does so without any issue that was raised coricerning the need to replace members that are already performing acc:ording to the present Charter. Councilman Billings stated that he felt the Charter Comrnission was trying in a reasonable manner, without re-writing the entire passage, to clean up the language. He did not know if it was totally accomplishing the Commission's intent, but he does not perceive that the change is the "devil in disguise." He felt that it was a reasoriable change, and he would be willing to su�port it. Councilwoman Bolkcom stated that she agreed with Councilman Billings' comments. Co��:ncilman Schneider sta�ed that he has been open on his feeiings toti��ards this amendment.. He did not know if ne would describe i� as the "devil in disguise," but he felt the proposed lanc�uage added more ambiguity. It is serious to remove a member irom office that has been elected by the voters. He felt that i� should be very spe�ifi.cal_ly articulated what the Conunission is trying to a��ompl ish . Councilwoman Bolkcom felt tha� it would virtuallv impossible to list every single cause for removal from office. Cou?�cilman Schneider felt. that the languaqe "witt,.out g�ood cUuse" ::f��:r..:� to �,ov�r situations t,hat ��av ari_s��- FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 14 Mayor Nee stated that the Charter presently describes the powers of the Mayor, responsibilities of the Council, and satisfactory performance. He cannot see any need to encroach on the Charter as it now stands. MOTION by Councilwoman Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilman Billings. UPON A ROLL CALL VOTE, Councilman Billings, Councilwoman Bolkcom, and Councilwoman Jorgenson voted in favor of the motion. Mayor Nee and Councilman Schneider voted against the motion. Mayor Nee declared the motion failed. 19. ESTIMATES: MOTION by Councilman Schneider to approve the following estimates: Hardrives, Inc. 9724 Tenth Avenue North Plymouth, MN 55441 1995 Street Improvement Project No. ST. 1995 - 1. & 2 FINAL ESTIMATE . . . . . . . . . . . . . . . $ 29, 199. 63 Richmar Construction, Inc. 7776 Alden Way, N.E. Fridley, MN 55432 Water Treatment Plant No. 3 Project No. 293 Estimate No. 4 . . . . .. . . . . . . . . . .$119,242.12 Thomas & Sons Constru.ction, Inc. 13925 Northdale Boulevard Rogers, MN 55474 1996 Street Improvement Project No. ST. 1996 - 1& 2 Estimate No. 5 . . . . . . . . . . . . . . . $ 12, 292. 62 Frederick W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St . Paul, MN 55110 Services Render�d as City Attorney for the Month of November, 1996. ......$ 4,856.30 � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 15 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.1�. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of September, 1996. .$ 15,105.29 Seconded by Councilman Billings. MOTION by Councilman Schneider to amend the above motion by deleting the following estimate: Thomas & Sons Constructiori, Inc. 13925 Northdale Boulevard Rogers, MN 55374 1996 Street ImprovemE�nt Project No. ST. 1996 - 1& 2 Estimate No. 5 . . . . . . . . . . . . . . . $ 12, 292 . 62 Seconded by Councilman B�_llings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all votec� aye, and Mayor Nee declared the motion carried unanimously. 26. INFORMAL STATUS REPORTS: LOCKE LAKE: Mr. Flora, Public Works Director, reported that dirt would be removed in January and February from Locke Lake. The compaction would done in the spring. Mr. Burns, City Manager, stated that bids for the Locke Lake project were under the estimate. Staff and Commissioner Kordiak will be meeting with representatives of the Rice Creek Watershed District. COMMUNITY EDUCATION CENTER: Councilwoman Bolkcom asked when the plans for the Community Education Center would be reviewed. Mr. Burns stated that these plans have been turned over to the City's building official for review. Most of the issues are very minor and technical. He did not believe they require Council's review. Councilwoman Bolkcom suggested that= when the outdoor plaza is constructed at the Communil.y Education Center, the City may want to FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 16 investigate having this constructed by individual persons purchasing bricks as a contribution to the plaza. She stated that this had been done in San Antonio, Texas for streets and sidewalks, and it worked well. TRUCK ROUTES: Councilman Bolkcom asked about approval of the truck routes recently proposed in the City. Mr. Flora stated that� he did not anticipate any problems with approval from the Minnesota Department of Transportation, but this would have to go through the process. SCHOOL DISTRICT REI�ERENDUM: Councilwoman Jorgenson reminded residents who live in School District No. 13 that there is a referendum issue on the school district's ballot tomorrow. Voters should get out to vote from 7:00 a.m. to 8:00 p.m. TELEVISED COMMISSION MEETINGS: Councilwoman Bolkcom stated that Commission meetings will be televised. Residents can call the Municipal Center to obtain a schedule. MAYOR'S COMMENTS: Mayor Nee stated that this is his last meeting, and he wanted to thank everyone. He said that it has been an enjoyable trip. ADJOURNMENT: MOTION by Councilman Eillings to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of December 16, 1996 adjourned at 9:18 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council William J. Nee Mayor � • �• � a TO: WILLIAM W. BURNS, CTTY MANAGER ��'� FROM: RICFIARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES DATE: January 2, 1997 Attached is a resolution that will appoint Norwest Bank as the City's official depository for 1997. We are incurring little cost for the service we are provided by Norwest Bank. The service we have received to date has been excellent. Norwest Bank has been responsive to our r�equests for any and all information. In using Norwest Banks we are able to invest idle cash on a daily basis with minimum cost to the City. We are able to determine daily needs and invest the balance in a daily money market funds. Staff is recommending maintaining Norwest Bank as its Official Depository_ I' � • GT� Attachment 1.01 RESOL[TFI�1 1+U. - 1997 •� _� � •: �,a�: r. n � • � wr• �.:�•�: • • �s: �• • io- N • • • �� I, Richard D. Pribyl, do hexeby oertify that I am Finance Direct.or-Treasurer of the City of F�idley, a oorporation organized ur�der the laws of the State of Minnesota. I further certify that at a meeting of said corporation duly and propexly called and held on the 6th day of January, 1997, the follawing resolution was pas.sed; that a quonun was pr�sent at said meeting; and that said resolution i.s set forth in the minutes of ineetir�g and has not bee.n rescir�ded or modified. IT IS �Y RFSOLUED, that Nozwest Banks is hexeby designated as a depository for the funds of this corporation. IT IS FUKI'F�R RESOLUID, that rheaks, drafts or other withdrawal on�iers issued against the funds of this oorporation on deposit with said bank shall be signed by two of the following: Richazd D. Pri.byl, F:iriance Director-�'reasurnx William W. Burns, City Ma.nager and that sai.d bank is hereUy fully authorized to pay arid charge to the account of this corporation any checks, drafts, or other withdrawal on�ers. B�E IT ��R RESOLUED, that Norwest Banks as a designated depositaiy of the corporation is hereby requested, authorized and directed to honor check.s, drafts or other o�lers for the payment of money drawn in this corporation's name, including those drawn to the individual o�ler of any per�,�on or persons whose name or names appear th�rnon as signer or signers thexeof, when bearing or purporting to bear the facsimile signature.s of two of the follawirig: Richard D. Pribyl, Fir�ance Director-Treasure.r William W. Burns, City Manager and Norwest Banks shall be entitled to honor and to charge this corporation for all such rheck.s, drafts or other o�lers, rega�iless of by wh�n or by what means the facsimile signature or signatures thereon may have bee.n affixed thereto, if such facsimile signature or signatures resemble the facsimile spec� duly certified to or filed with Norwest Banks by the City Clerk or other offioPx of his corporation. BE IT FiJ1�i�R RESOLUED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as gaverning the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be s�plemented or modified by the foregoing part of this resolution. BE IT FUR`1��II2 RESOLUED, that all tran.sactions, if any relating to deposits, withdrawals, re-discounts ancl borrowiziqs by or on behalf of this corporation with said bank prior to the adoption of this re..solution be, and the same hereby are, in all thirigs ratified, appraved and confirmed. 1.02 Page 2-- Resolution No. - 1997 BE I'I' � RFSOLUED, that any bank or savirigs and loan may be u��ed as depositories for irrvest�nt purposes so lonq as the im�estrnPnts ,ac�nply with authorized irrvestme.nts as set forth in Minnesota Statutes. SE 1'r �TJ�IIi-�R RFSOLUED, that the signatures of twr� of the follawing� named City emploYePS are required for withdrawal of City investment funds f�can savi.rigs aryd loan as�sociations: Richan� D. Pribyl, Finanoe Direct-Ar�ireasurer William W. Burns, City Manager SE IT ��2 RFSOLUED, that any brokerage firm may be u_sed as a vexxlor for ir�vestm�nt ��urposes so long as the imrestriients �ly with the authorized imrestments as set forth in Minnesota Statutes. I further certify that the Counci.l of this corporation has, ar�d at the time of adoption of said resolution had, full power arra lawful authority tc� adopt the foregoing resolutions and to confer the pawers therein granted to ithe persons named who have full pawex and lawful authority to e�cexcise the san�e. PASSID AND ADOP'I�D BY Zi� CITY OOUNCIL OF � CITY OF FRIDI�Y Tf�IIS 6Tfi DAY OF JAN[TARY, 1997. rvyy�.-� WILLIAM A. CH�A - CITY CLERK 1.03 1►►�\�C�l'i��1 � :.el�I► . ,► ur_ • ; RF,SOLUTIOI�i ND. - 1997 : � •: �.a�. r. r• � • r• �s . • a+• � • i �+• . hfHII2E',AS, the C�arter of the City of Fridley requires in Sec-'tion 12.01 thereof that the City Council annually designate an official newspaper for the City. NpW, �RE, SE IT RESOLUED that the Focws News is designated the official legal newspaper for the City of Fridley for the year 1997 for all publications required to be published therein. BE IT FU�IHII2 RESOLUED that the Minneapolis Star and Tril�une be designated as the City of Fridley's secc�nd official newspaper for the year 1997. PASSED AND ADOPI'ED BY THE CITY OOUNCIL OF THE CITY OF FRIDLEY THIS 6TH L1AY OF JANLTARY, 1997. C.VYY�.`�IW WILLIAM A. C��AME'A - CITY C'LERK L.OZ �/:_ •' � • ►• •' Eng�neenng Sewcr VFatC� Parks Streets MamtenanCe City of Fridley TO: William W. Burns, City Manager��lJ PW97-001 FROM: John G. Flora,�ublic Works Director DATE: January 6, 1997 SUBJECT: Load Limit Designation Attached is a resolution establishing the spring load limits for the City stre�ets. Annually we receive Council's approval to publish the load limits. This allov�s us to place the notice� in the newspaper at an appropriate time based upon the sprinq thaw. I,oad limits sta�r in effect until the County informs us of them raising the limits on the County roads. To facilitat:e the notification process, recommend the City Council adopt the <ittached load limit resolution for 1997. JGF:cz Attachment 3.01 RE.SOLUTI�i I�U. - 1997 I"' : • •1 � E�'��. � � • • � � � •! • 11: : Y'1�1 � �� ;� r..i^r� � � i • � �� n � i:,ti • v• BE IT RF.�OLVE� by the City Council of the City of Fridley as follows• A. �at �n�rsuant to Chapter 503, City Code of Fridley, Mi.nnesota, 1978 that ocarnnexic:ing on the 17th day of Mamh, 1997, ar�d oontinuing until the 18th day of May, 1997, unless sooner texminated or t.h�reaftex ooritirYUed, no vehicle shall be driven or c�pexated upon ariy street or public hic�iway in the Cit.y under jurisdiction of the City where the �eight of surh vehicle exc�eds : 4 �1 PER AXIE B. 'I2�e aba�e restrictioa� shall nat apply with respec.-t to the follawirig named streets or public hic�ways, to-wit: �4�_�+� Ashton Avenue Ashton Avenue Ashton Ave.nue Able Street Alley East of Beech Street Arthur Street Arthur Str'eet Bakex Street Beech Street Benjamin Street Berne Road Bridgewater D�ive Brookvie�a Drive C�melot Iane Carrie Iane (�eri I�ne Ccetanerce CircYe East C�rce Circ]Le Sauth C� Circle West Co�tuneroe I.ane East Danube Rc�ad East Moore Lake Drive East Rivex Road East River Rd. Sexv. Dr. East River Rd. Serv. Dr. Elm Street Fillmore Stx�t Fireside DrivE Ga�lena Avenu� Glacier Iane Hathaway Lane Hillwind Road Hickory Street HicJcr�zy Street. Industrial Boulevan� �' �_ 52nd Avernze 52nd Way 79th Avenue West N�oore Iake 78th Avernze C�tttelot Iane North D�nube Road 73rd Avenue 77th Avernxe Gat�lena Avernie Windemere Drive Entire Iength Mississippi Street squire Drive Quincy Street 53rd Ave,nue 73re1 Avernie C�.roe Ci.rcle C�m�xne Circle 73rd Avernie Matterhorn Drive T.H. #65 Iafayette Street 51st Way 57th Way 77th Avernie 53rd Avernie T.H. #65 Central Avenue Matterhorn Drive Hac,lanarm Matterhorn Drive 81st Avernie 78th Avernze 51st Way 3,02 Drive East Soixrh �� Industrial Blvd. Industrial Blvd. Ironton Street Mississippi Street 79th Avernie Mississippi Street 400 feet north Osborne Road 81st Avenue Rioe Creek Road East F�d Ric� (�eek Z�xr'ace Arthur Street Jar,�son Street Fillmore Street �rn�oe Cirole Ccemmeroe Circle 73n3 Avenue Osborne Road N. Innsbrurk Dr. Central Avenue 37th Avernxe N. to Cul-de-Sac N. of 5'7th Way 79th Averrue Cheri iane Central Avernie, E�st City I�i.mits St. Moritz Drive 430 Feet East Re�gis Central Avenue 600 feet north 79th Avenue Ashton Avernie ��Y Drive Resolution No. Page 2 �l4� �!� Jac]�son Street Kerry Lane Kr'istin Cotlrt TakP Pointe Drive Lynde Drive Main Street Main Street Matte.rhorn Drive Mississippi Street Nionroe Street North Danube Rpad North InrL.sbruck I?rive Osborne Road Osborne Way P�lk Street Quincy Street Rainer Pass Ranchers Road Rer�is Drive Regis Lane Rice Creek Road R.ice �k Terrace Riverwood Drive St. Imier Drive St. Moritz Drive Stinson Boulevan� squire Drive Trollhagen Drive West D�nube Road West Moore Lake Drive Windemere Drive 3n� Stxeet 5th Street 7th Stre�t 7th Street 7th Street 45th Avenue T.H. ##47 E. Serv. Dr. T.H. #47 E. Se.rv. I7r. T.H. #47 E. Sexv. Dr. T.H. #47 W. Serv. Dr. T.H. #47 W. Serv. Dr. 51st Way 52nd Way 53�1 Avernze 53rc1 Avenue 53n� Way 57th Avenue 58th Avenue 61st Avenue 63�1 Avenue 64th Avenue - 1997 �!�• Carrie I�ne Ben Niore Drive Stinson Ba�levani 7th Street Hillwind Road Osborne Road 44th Avenue I-694 C.r�sing East River Road 63rd Avenue West Danube Road Matt�rhorn Drive Stinson Baileva�i B[x East River Road Haclflnann Avenue 57th Avenue Glacier I.,ane 77th Avernie Hathaway Iane Regis I7rive Central Avenue 68th Avernze 71st Avenue Berne Road Trollhagen Drive Osborne Road Rice Creek Road Matterhorn Drive North Danub� Road T.H. #65 (N.Moore Lak,e) Trollhagen Drive 49th Ave.nue 61st Avernze Madison Street 53n� Avenue 67th Avernie Main Street 53rri Ave,nue 400 LF So 57th Avenue 69th Avenue 73n� Avenue Missi.ssippi Street E. River Road Ashton Avernze Main Strnet Matterhorn Drive E. River Road Ser. Dr. T.H. #47 Jackson Street Starlite Blvd. T.H. #47 ArtYiur Stre.et 3.Q3 �� 58th Avenue Rice Creek Road th�cx�gh cul-de-sac West Moore Iak,� Drive Polk Stxe�t 83rd Avenue 61st Avenue Gardena Avenue Stinson Boulevan�3 Rioe C�eJc Ter�'aae N. Inn_sbruc3� Drive East City Limits East River Road 75th Way Lynde Drive Carrie Iane South City Limits 81st Avernie Regis Lane Matterhorn Drive East City I�imits Brookview Drive 712 Ave,nue S�uth City Limits South City I�i.mits 73n3 Avernie Camelot Iane St. Imier Drive South (�l-de-sac T.H. #65 (S.Moore La}c�) Trol].hagen Drive 53�1 Avenue Mississippi Street 900 feet south 67th Avernze 68th Aveinie Univexsity Avenue N. Approx. 500' Mississippi Street 73zr1 Avenue 85th Avernie S. Ap�rox. 800' Industrial Blvd. Irydustrial Boulevan�i T.H. #65 E Approx 300 ft Fillmore Street Ir�dustrial Bo�levan� Quincy Street West Mpore Lake Drive West Moore Lak�e Drive Monroe Street Old Central Avenue Resolution No. Page 3 �4�� T.H. #65 E. Serv. Dr. T.H. #65 E. Serv. Dr. T.H. #65 E. S�xv. Dr. T.H. #65 W. Serv. Dr. T.H. #65 W. Serv. Dr. 67th Avenue 68th Avenue 69th Avenue 71st Avenue 71 Z Way 72nd Avenue 73�i Avenue 73�i Avenue 76th Way 77th Avenue 78th Avenue 79th Avenue 81st Avenue 83rd Avenue - 1997 �� 73rd Avenue Osborne Road 63n�i Avenue Osborne Road 73n� Avernze Monroe Street t3rookview Drive Central Avenue T.H. #47 200' west of Alden Cr T.H. #65 Central Avenue C:onuYterce Lane Alden Way East River Road E. Burlirigton No. R/W E. Burlington No. R/W Hickory Street Main Street �!.� 72nd Avenue Fireside Drive South F�d South 800' South �d Jefferson Street Monroe Street East City Li.mits City Garage to cul-de-sac Central Avenue Stinson Boulevan3 Central Avernze East to cul-de-sac Ranchexs Road Main Street T.H. #47 T.H. ##47 T.H. #47 and the weight limit with respect to such streets and highways is: • • �� C. Notice of these restrictions shall be published with respect to earh of such streets ar�d hic�ways arid when so published, the restrictions shall be in full foroe ar�d eff�t; all as pn7vided th�x�of, under C7iapter 503, City Code of Fridley, Minnesofi,a, 1978. D. A vehicle in exoess of such limits may be c�perated or driven upon a street or published hi�ay in the City without violation of law when the same is done �der S�cial �xmi.t the�reof is_� in aoo��t3arx� with the provisions oi Minnesota Statut� Sec. 169.87 which are adopt��ed and made a part hexeof by reference the same as if fully incorporated herein. E. �at srhool bus operators are given special pezmit to proceed with normal operation on their rer�ularly established routes and at reg�larly established h�urs, said pexmits to be issued by the Public Works Director. PASSID AND ADOPTID BY TI� CITY G�OUNCIL OF TiIE CITY OF FRIDI�Y T�ffS 6TH I�AY OF JANfTARY, 1997. ATrFST : WIL�T�'I A. C�i�1MPA, CITY CL�K NANCY J. JOFtGII�tSON, MAYOR 3.04 : ` -�.�f .. .. . . . .. _ . . . l, _ ' + ..�� . .�� , , i ._ ... _ _ _ . , . . , . . " � K _ � i �� - - � � ---� � � � � 1 . ' ` � � - '.�•_ -` � � ,_" . � i • - - � „_ _ ._ � - , � . - � ' � � �� 1 ._. � �s =-� ' � i �, � � Y � �I , �=� �'� _ �i (L�I x �� I'S ,-_: =. _. ��- � � � _ � �� i j I � � �"� � `- ._ _. ._.. � " � i I _ , � � � � -- � - _ _ ._ , _ �! �� i f - - - � � - - _ ��_ __ _ I : \ � -- � �L �� _ - �:' ._. _ _ i _ __'� - '`-t J �i ,i ��_�j,.�-y-r — C-_T= — -� I � o e \ �.� ~ \ r 1 : `'_..__ �--� _ p \ �� y:. • _ _ .; u~ / • ';�_3..<� � 1 /��--�.. .LL�$�� ; _. . \i . � �.w PPiL� '' �' �,. __..�.. . • �Kfi ., _ . . __ _ . . .� � • - � � 11l �� , . , . - _ � -_ . �-. . _ ..-- - - - - _ ._ , � . , r = _ - : d�7 - I . 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'' � --- � r = ; � . r - - _- � �� I � i � � } �� -- � • t =_— � - -r—�— .._.. _ —ic � _ 1 .�.o„ . _ .. j I t � �; i -- ;f� . � �:� , f _ �:�� =- _ - __. .. ___ .,_- ; ..._.�,..�... ..�, � � '�< < F_. �� ` ti � __ _- __= -- �_— i l /� n, `'>� \'.__ I I ' �'I��,]'I�,1�_ '_l'L__�t� ._._.-. .. . .. I � �. - -- � - � � , ��` �_" _ - � _ i � ---- - -- - � � �' �� „��,��i� � - - -_ � _. -- I _ _ -,,, �, - �-- - : .. - - - . _ __.. , _ ._ _._ _ - �i - - . .. ___ �i - •`t - �, � - � � - - • --: _ _-- �I , , ' _ __ � �� a � � � �'.�'�.�5 � �.--� _ _ . - - � � � � �� ,- � �� _, ,:�� PBrki $tt@8ti�..,, ...,.... !SA�am'.enwncu City of Fridley TO: William W. Bums, City Manager �,�' I" PW97-002 G FROM: John G. Flora, Public Warks Director DATE: January 6, 1997 SUBJECT: SRA Appointment The City continues to remain a member of the Suburban Rate Authority (SRA). Accordingly, we need to designate by resolution the City's representatives. For the last number of years the Council has designated the Public Works Director and the A.ssistant Public Works Director as the representative and altemate representative to the SRA. The attached resolution formalizes the appointment in accordance with the SRA criteria. JGF:cz Attachment 4.01 RESOLUTION N0. - 1997 RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTIiORITY BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows: WHEREAS, the Public Works Director, is hereby designated to serve as a Director of the Suburban Rate Authority, and the Assistant Public Works Director is hereby designated to serve as Alternate Director of the Suburban Rate Authority for the year 1997 and until their successors are appointed. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF JANiJARY , 19 9 7 . ATTEST: WILLIAM A. CHAMPA - CITY CLERK 4.02 NANCY J. JORGENSON - MAYOR 0 MEMORANDUM DEVELOPMENT DIRECTOR DATE: January 2, 1997 TO: Wiliiam Burns, City Manager FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Interim Ordinance Establishing a 120 Day Moratorium on Multi-Bay Warehouse or Similar Trucking Based Product Distribution Facilities in Industrial Zoning Districts PURPOSE A 120 day moratorium is proposed to permit the City to evaluate its industrial zoning regulations pertaining to the location and site design of multi-bay warehouse and distribution facilities. These uses may cause adverse impacts to adjacent properties, especially when located near residential areas. Large vehicle traffic, noise and air pollution from the vehicles, and the visual impact of loading docks and outdoor storage are typical examples of impacts. SCOPE OF ANALYSIS The zoning regulations and zoning map will be analyzed as follows: 1) Review the M-1, M-2, M-3 zoning districts for improvement to site design standards for multi-bay warehouse and distribution uses (setbacks, screening requirements, etc.), and also to evaluate the permitted and prohibited uses of each district and determine if any changes should be made in r�elation to multi-bay warehouses and distribution uses. 2) Review the number and location of existing multi-bay warehouse uses and determine if the zoning on remaining vacant land should be amended or changed to another zoning classification. The outcome of the analysis may include a zoning text amendment io the industrial zoning classifications and/or proposed land use and zoning changes. Analysis has begun already 5.01 120 Day Moratorium January 2, 1997 Page 2 and it is proposed that the Planning Commission will consider the first draft of the analysis in February with Council review in March. The moratorium will extend to the end of May, but a shorter evaluation timeframe is very possible. RATIONALE There are three areas of industrial zoning in the City. The first area is located on both sides of the Burlington Northern Railroad line in the southwest portion of the City between East River Road and Main Street. The second area is east of University spanning 73rd Avenue and includes the Onan and Medtronic Inc. campuses. The third area is in the no�thwest portion of the City west of University Avenue and extending north of 73rd Avenue to the City's border. There are 65 sites in these areas which are located directly across a public right of way from a residential area. Although there is a significant amount of manufacturers in these areas, about 500,000 square feet of multi-bay warehouse facilities have been constructed in the past eighteen months. It is necessary to evaluate the ability of #he existing code and land use pattem to properly control the impacts of these types of uses, especially in view of the fact that 80 acres of vacant industrially zoned land exists, and there is a possibility that existing facilities may expand. RECOMMENDATION Staff recommends the City Council adopt the first reading of the ordinance as presented. BD/ M-97-1 5.02 0 � ORDINANCE NO. CITY OF FRIDLEY, MINNESOTA ANORA COUN'PY, MI�TNESOTA ESTABLISIiING BY INTERIM ORDINANCE UNDER THE PROVISIONS OF MINNESOTA STATUTES SECTION 462.355, A MORATORIUM WITHIN THE CITY OF FRIDLEY ON CONSTRUCTION OR EXPANSION OF MULTI-BAY WAREHOUSE OR SIMILAR TRUCRING-BASED PRODUCT DISTRIBUTION FACILITIES IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA: That the City Council of the City of Fr_idley, Minnesota, finds that truck traffic in areas surrounding large facilities in the City used for warehousing or similar purposes can and has created a substantial potential for and actual hazard to the health and safety of the citizens of the City. Moreover, the age of the City has created a situation in which areas zoned for industrial uses in which warehouse or trucking- based distribution operations are currently located within the City are near or adjacent to residential neighborhoods. That the City Council believes that the best use of property in areas zoned for industrial use is in manufacturing, and that trucking and distribution facilities not directly related to manufacturing on the site may, in fact, detract from and deter the City's efforts to attract and grow a strong manufacturing base within the City. That recent trends in construction of commercial property would appear to create structures that, while not formally designated as warehouses or even initially proposed to be used for a warehouse and distribution facility, nevertheless contain the large numbers of multiple docking bays (in excess of ten docks) and other indicia of intensive truck-related use tha� can generate the traffic increases that result in a threat t;o the health and safety of citizens in the City in the future. 5.03 Page 2 That the City Council has found that a study is necessary in order to determine whether such uses should continue to be permitted in industrial zones in the City, particularly in instances in which there is close proximity to residential areas and, if so, under what conditions or limitations that would adequately protect the citizens of the City. THEREFORE, IT IS FURTHER ORDAINED: l. That the Planning and Economic development staff of the City of Fridley shall immediately conduct a full review and study of the industrially zoned properties within the City to determine the compatibility of warehouse or similar, trucking- based product distribution facilities with other allowable uses in the industrially zoned areas of the city. 2. That a moratorium is declared on all construction, expansion or extension of any use in the industrially zoned land within the City for the purpose of constructing or operating a warehouse or similar product-distribution facility requiring multiple dock trucking facilities containing ten or more loading docks for truck use, or any structure capable of being put to any such use without modification. 3. That the duration of the moratorium herein declared shall be 120 days from the date of final enactment of this ordinance. Enacted this , day of 1997. Attest: NANCY J. JORGENSON - MAYOR WILLIAM A. CHAMPA - CITY CLERK 5.04 0 0 ❑ DATE: TO: FROM: SUBJECT: BACKGROUND MEMORANDUM DEVELOPMENT DIRECTUR January 3, 1997 William W. Bums, City Manager Barbara Dacy, Community Development Director William Hunt, Assistant to the City Manager Contract for Consulting Services for Wireless Communication Towers On December 16, 1996 the City Council adopted an interim ordinance establishing a 180 day moratorium on the installation of wireless communication towers. The moratorium was requested to enable the City to hire a consultant to identify potential tower sites for collection of antennae and to recommend a prototypical set of design and construction standards. The design standards will be used as a basis to develop regulations pe�taining to the location and installation of towers and antennae. REQUEST FOR PRC3POSALS An RFP was sent to twelve consulting firms. Three responses were received as follows: McCombs, Frank, Roos & Associates $ 9,300 Weaver and Associates $16,400 Dahlgren, Shardlow, and Uban $32,000 Each proposal was evaluated based on the proposed cost, previous municipal experience with communication technology, technical expertise, and responsiveness to the City's request. Although McCombs, Frank, Roos and Associates was the lowest cost proposer, staff recommends the contract be awarded to Weaver and Associates. George (Burt) Weaver has 35 years of experience in communication technology including 12 years assisting the City of Minneapolis with its cable N system and fiber optic system. The Dahlgren proposal was very good but too expensive (it included GIS mapping tasks which accounted for some of the higher costs). 6.01 Wireless Communication Towers January 3, 1997 Page 2 RECOMMENDATION Staff recommends the City Council authorize the City Manager to execute a contract with George Weaver at a cost not to exceed $16,400. Funds would be taken from the Emergency Reserve in the General Fund. �: � M-97-3 6.�2 0 WEAVER & ASSUCIATES Consulting Engineers 928 Rice Creek Terrace Minneapolis, MN 55432 Dece�uber 19, 1996 Ms. Barbara Dacy, AICP Community Development Director CITY OF FRIDLEY Fridley Municipal Center 6431 University Avenue Fridley, MN 55432 Dear Ms. Dacy Fax (612) 571-4237 (612) 5'71-1249 re RFP Telecomrnunication Z'ower and Antennae Study dated December 6, 1996 I am pleased to respond to the captioned Request for Proposal. The enclosed response is intended to be fully responsive to your and is submitted for your review and consideration. The bid for the requested study is based on time to complete descriptions included in the proposal, estimated to be 514.910. will be based on actual time and material not to exceed $16,40 scope change(s) will be billed at $105 per hour. If there are any questions please call or FAX. Sin rely, George B. Weaver, PE GBW/cg Encl: Proposal for Study [961217FR.LTR] 6.03 request the task Billing 0. Task A Proposal for a Telecommunications Tower and Antennae Study for the City of Fridley, MN December 17, 1996 Requested by: Ms. Barbara Dacy, AICP COMMUNITY DEVELOPMENT DIRECTOR City of Fridley 4 6431 University Avenue Northe�� Fridley, MN 55432 Submitted by: George B. Weaver, P.E. Weaver & Associates 928 Rice Creek Terrace Fridley, MN 55432 612/571-1249 0 � � � Weaver & Associates Ms. Barbara Dacy, AICP Telecommunication Tower & Antennae Study Propasal December 17, 1996 paqe 2 BACKGROUND Cellular telephony was commercially introduced in 1984. Since introduction this technalogy has resul.ted in equipment that is smaller, lighter and more affordable. User acceptance has been exceptional. Cellular technology is: now available in brief case or pocket size sets; standard equipment in some new automobiles and retrofit into others; available on personal computers; and many additional applica- tions. The basis far cellular telephony is wireless cammunication, this means that it is not required that either the communication source or destination be connected by a conductor, although it does not preclude the use of conductors. This technology has spawned a new communication discipline known as "nomadic communication." The cellular telephony experience has identified deficiencies. As would be expected, a new technology has emerged to rectify the cellular deficiencies. This new technology is known as personal communications services tPCS). PCS licenses have been awarded by the Federal Communicatian Commission {FCC). The successful applicants are beginning to install equipment for their networks at this time. With deregulation, the FCC is awarding multiple licenses for each area. Fridley is no exceptian. The City is negotiating with one operator for antenna installation on a water tower at this time. �thers have approached the City as well. Both US West and AT&T are known to be searching for antenna sites in the City. Nomadic communication will certainly attract applications other than voice. At this time wireless CATV is highly probable, US West is considering it for St. Paul. Wireless extensions to computer networks are being implemented. The possibilities are too numerous to mention. Additional applications are rapidly emerging. Although the applications are varied, the comman denominator is that wireless transmission devicess��^ate at low power, hence have short 0 Weaver & Associates Ms. Barbara Dacy, AICP Telecommunication Tower & Antennae Study Praposal December 17, 1996 page 3 range. A network of dntennae is required to perform two functions: receive signals, process them and relay them to other locations or receive signals from ol�her locations, process and transmit them. The interconnectian betweei� antenna locations may be wireless or by fixed communication lines. As may be seen the elements for antennae proliferation are present. I am told that at this time the City lacks the capability to appropri- ately manage and regul<�te this technology. S.�s � � � 0 0 Weaver � Associates Ms. Barbara Dacy, AICP Telecommunication Tawer & Antennae Study Proposal December 17, 1996 page 4 OBJECTIVES A study is proposed to identify means of minimizing the prolif- eration of telecommunication towers and antennae equipment ttowers} and manage the anticipated grawth in the City of Fridley while not impeding the grawth of this capability. Task 1. Antennae Lacation Issues The objective of this task is twofold: first, to identify preferred locations for tawers and second, to recommend action ta the City that will encourage operators to co-locate antennae on common structures located at these locations. Five sub-tasks are included. Each sub-task may require meetings with the Directar and Staff. These sub-tasks are: 1. determine the number of towers required within the Cit� and identify preferred areas for such towers; and 2. Identify suitable tower locatic�ns using existing munici- pal locations, facilities, structures and other land areas suitable for tower locations; and 3. identify commercial interests that would build and manage turn key towers on behalf of the City; and 4. prepare a list of advantages and disadvantages of municipal tower operation; and 5. prepare a co-location tawer plan. � � Task ��'. Standards Preparation The objective of this task is to survey existing design and con- structian standards which are applicable ta tower design and mainte- nance. Four sub-tasks are included. Each sub-task may require meetings with the Director and Staff. These sulb-tasks are: . 1. identify the minimum land area for location af such tower locations; and s.�% 0 Weaver & Associates Ms. Barbara Dacy, AICP Telecommunicatian Tower & Antennae Study Proposal December 17, 1996 paae 5 2. select and list applicable standards for tower location, design, and con;struction; and 3. prepare recommendations for use by the City including such aspects a.s minimum land area, set backs from adjacent structures and other land uses; and 4. prepare right of' way requirements for• ancillary services required by towers. Task �,�''� Regulatorv The objective of this task is to identify Standards or Codes for use by the City in formulat:ing new regulations for regulating the location, design and constructian of towers. Tasks �:�' Reportinct � � The objective of this task is to make the results of the study known to the Director, Council, Commissions and Staff. It is anticipated that this will require both meetings and a written final report. The final report is anticipated to require preparation of a draft report, meetings to explain the report and receive comments, editing the report to incorporate the comments received. Anticipated Process It is anticipated that the process will include coordination meetings with Director, Council, Commissions and Staff as well as attendance at public mE�etings. Five draft reports will be prepared and submitted to the Director for review. Comments from the draft reports will be reviewed for possible inclusion in the final report. The final report will be prepared and presented to the Director and others at the completion of the study. The proposed proces�� will make every effort to cooperate with the Director, Council, Staff, and Commissions throughout. s.�$ � Weaver & Associates Ms. Barbara Dacy, AICP Telecommunication Tower & Antennae Study Proposal December 17, 1996 page 6 STATEMENT �F WORK It is anticipated that the objectives described above will require the following. All technical work will be performed by George B. Weaver, P.E. Certain non-technical tasks may be performed by others, however these tasks will be under the direction of George B. Weaver, P.E. Task l. Antennae Location Issues 1. Determine the number of towers required within the City and identify preferred areas for such towers. 2. Identify suitable tower locations using existing municipal locations, facilities, structures and other land areas suitable far tower locations. 3. Identify commercial interests that would build and manage turn key towers on behaif of the City. 4. Prepare a list of advantages and disadvantages of municipal tower operation. 5. Prepare a co-location tower plan. Task .e3'� Standards Preparation 1. Perform such engineering studies as are necessary to determine the minimum amount of land necessary upon which to safely locate towers of adequate height to provide the intended functional capability. 2. Survey existing standards to determine their applicability to tower lacation, design and construction and prepare a list of such standards. 3. Prepare recommendations for use by the City including such aspects as minimum land area, set backs from adjacent structures and other land uses. 4. Prepare right of way requirements for towers. 6.09 Weaver & Assaciates � Ms. Barbara Dacy, AICP Telecommunication Tower & Antennae Study Proposal December 17, 1996 paqe 7 Task �� Regulatarv 1. Prepare recommendations for use by the City in regulating towers citing existing stan�dards where applicable and other consider- atians when standards are not available. 2. Prepare recommendations for use by the City regarding right of way requirements for access to, and services for, such towers as are required. a Task r5�:'� Report Writinq 1. Outline the repo�t, assemble notes and prepare the draft final reports. Present the draft reports to appropriate cammissions, council and groups to explain and answer questians. 2. Rec�ive comments re�arding draft reports, incorporate comments and edit draft as necessary. 3. Prepare final report. s. � Q 0 PROPOSAL BID BASIS Estimated Task Task Description Hours Cost 1. Antennae Location Issues 46 4,830 ',,,3°': �-� Standards Preparation 28 2, 940 .+�:�� Regulatory Gonsiderations 24 2,520 ..�.�� Report writing 44 4,620 Tatals Total Bid $14,910 142 $14,910 1 The actual costs may differ from this estimate. Al1 work will be billed at $105 per hour. Total cost not to exceed 516,400 for the � task definition contained herein. Additional taskts) will be billed at $105 per hour. 6.1 � George B. Weaver, PE Weaver & Associates 928 Rice Creek Terrace Fridley, MN 55432 EDUCATION Undergraduate Electrical Engineering University of Wisconsin, Madison 1961 Graduate Studies Marquette University, Milwaukee, WI 1962-1963 University of Minnesota, Minneapolis, MN 1964-1969 EXPERIENCE 15 years. Applied �>lectronics research and development for AC Electronics Division of General Motars Corporation and Honeywell Aeronautical Divisiona Primary focus missile and air craft flight control systems; data telemetry; navigational instruments; and project management. 20 years. Consulting engineer to municipal gavernments, industry, and legal professionals. Primary focus on CATV system testing f�r ordinance compliance; CATV consulting to municipal governments, consultant to the City c>f Minneapolis since 1984; CATV system intercon- nection, Metropolitan Interconnect Committee member; Fridley CATV commission; new electrcnic product research, design and development; product liability, prc�perty loss and personal injury litigation, published requirements research. PROFESSIONAL DATA Registered Consulting Engineer, License #11638 Senior Member Institute of Electrical and Electronic Engineers (IEEEi IEEE Computer ,Society IEEE Cammunicat:ion and Personal Communication Groups Fellow American Academy of Forensic Scientists (AAFS) Member American Society for Test Methads Member Internatianal Association of Arsan Investigators s. �2 a Ms. Carol Wold Sindt INFORMATION and TECHNOLOGY SERVICES Director, Office of Telecommunicatians Minneapolis City Hall Roam 123 . Minneapolis, MN 55415-1314 612/673-29101 Mr. Terrance Vatel Attorney at Law VOTEL & ANDERSON 5500 Wayzata Boulevard Suite 1250 Minneapolis, MN 55416 612/591-4411 Mr. John Angell A�torney at Law STICH & ANGELL 250 Second Avenue South Suite 110 Minneapolis, MN 55401 612/333-6251 6.13 1 Ms. Sindt is no longer employed by the City of Minneapolis. She may be reached at 690-5820. DATE: December 31, 1996 �r�r�o�NDUM PLAS�TNING DIVISIUN TO: William Burns, City Manager fi'�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Approve Memorandum of Understanding with Anoka Conservation District The City pa�ticipates in the Wetland Conservation Act Administrative Expense Reimbursement Grant administered through the Anoka Conservation District. This grant program allows the City to recoup a portion of its costs expended in the administration of the Wetland Conservation Act. In order to participate in this grant program, the City must approve a Memorandum of Understanding with the Anoka Conservation District. Staff recommends that the City Council approve the attached Memorandum of Understanding with the Anoka Conservation District in order to participate in the Wetland Conservation Act Administrative Expense Reimbursement Grant Program. MM:Is M-96-589 ?.01 0 MEMOKA�fDIJM OF UNDERSTANDING between the ANOKA C'ONSERVATION DISTRICT and the CTTY OF FRIDLEY This memorandum of understanding is between the Anoka Conservation District, hereinafter cal(ed ACD, and the City of Fridley, hereinafter called the LGU (Local Governmental Unit). STA'�'EMENT OF PURPOSE The ACD and the LGU have the common objective of properly and efficiently implementing the Wetland Conservation Act (WCA) of 1991. The Board of Water and Soil Resources (BWSR) has made block grants available to counties to help offset a portion of the costs associated with implementing this Act. The ACD, on behalf of the County Board, will app(y for funds in the amount of (??based on 1996 reimbursement??) for the City of Fridley. As part of the block grant agreement, your agency will match this amount with cash and/or in-kind services for activities related to the WCA. A. RESPONSIBILITIES OF Tl� ACD: 1. Act as the fiscal agent between the State and the LGU. 2. Reimburse the LGU on a quarterly basis for expenses incuned as a result of implementation of the WCA. 3. Verify, review and compile all documentation and receipts from the LGU at year end. Submit this information as an annual report to the BWSR. B. RESPONSIBILITIES OF LGU: 1. Abide by the permanent rules of the WCA. 2. Maintain accurate and complete records documenting the expenses and in-kind services that are incuned because of the WCA. (Labor, mileage, supplies, field equipment, consultants._.). � 3. Submit an itemized report of expenditures, with any receipts, to the ACD at the end of each quarter (March 3l, June 30, September 30 and December 31). A form wi(1 be sent to you for reporting purposes. 7.�2 C. ("I' [S I�UR"I'E�EK UNDE�,RS"COOD: 1. Only those LGUs �vho forl»al!} adopted the WC/1 in resolution form by.lanuar�� I. 1997 arc eligible to participate in the grant program. 2. Incomplete or missing documentation (and receipts if appropriate), could result ir� the delay and/or denial of reimbursement for those expenses incurred. 3. If an LGU, at year end has expended more than originally requested in the grant program, the LGU will be responsible for the shortage. 4. If an LGU, at year end has expended less than originally requested in the grant program, the LGU wi11 be reimbursed only for those WCA expenses incurred and that grant overages may be re-allocated at the ACD's discretion to LGU's who report escess cxpend itures. 5. This memorandum of understanding shall commence when executed by both parties and shall continue until year end unless; ]) BWSR will nat or ceases to authorize funding for WCA activities or; 2) negligence is evident by activities of either pam�. 6. The Program conducted will be in compliance with all requirements respecting non- discrimination as contained in the Civil Rights Act of 1964 which provides that no person in the United States shall, on the ground of race, color, sex, or national ori�in, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any activity receivi��g federal and/or state assistance from the Anoka Co��servatioi� District or any agency thereof. ANOKA CONSERVATfON DISTRICT BY: DATE: John N. Anderson, Chairman BY� DATE: Chris A. Lord, District Ma��a�er CITY OF PRIDLEY E3 Y: DA7�E: Nancy J. Jorgenson, Mayor ' 7.03 DATE: TO: FROM: SUBJECT l�IEMORA.NDUM DEVELOPMENT DIRECTOR January 3, 1997 William Burns, City Manager �� fi Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator Establish Public Hearing for 1997 CDBG Program This year the City will receive $146,848 in federal Community Development Block Grant (CDBG) funds through Anoka County. Applications for funding are due by February 14, 1997. The actual funds become available on July 1, 1997 and must be used by December 31, 1998. As part of the application process, the City is required to hold a public hearing to review the projects that will be funded. This year the following activities are proposed for funding: Housing Rehabilitation Public Service Program ACCAP Senior Outreach Fridley Senior Home Companion Fridley Recreation & Natural Resources Alexandra House Southern Anoka Community Assistance Total Funding $124,848 $8,500 $4,OQ0 $4, 000 $3, 000 $2, 500 $22, 000 . . �..�. Additional information will be presented at the public hearing on January 27, 1997. Formal approval of the application would occur on February 10, 1997. : 1 1997 CDBG Memo January 3, 1997 Page 2 �Recommendation Staff recommends that the Council establish a public hearing for January 27, 1997 to consider the 1997 CDBG program. GFI M-97-2 8.�2 CITY OF FRIDLEY M$ M O R A N D II M TO: WILLIAM �. BIIRNB, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANC$ DIRECTOR WILLIAM A. CHAMPA, CITY CLERR SIIBJECT: MINNESOTA LAWFIIL CAMBLING PRI�MIBE PERMIT APPLICATION FOR TOTINO-GRACS HIGH SCHOOL DATE: JANIIARY 2� 1997 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School at Maple Lanes Restaurant, 6310 Highway 65 Northeast. Minnesota State Statutes requires the adoption of a resolution approving or denying this type of gambling permit. 9.01 RESOLUTION N0. - 1997 RESOLUTION IN SiJPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLIN� PREMISE PERMIT TO TOTINO-GRACE HIGH SCHOOL WHEREAS, the City of Friciley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School; and WHEREAS, the location of the Premise Permit is for Maple Lanes Restaurant, 6310 Highway 65 Northeast; and WHEREAS, the City of Fridle�� has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESQLVED, that the City Council of the City of Fridley approves the Minnesota Law:Eul Gambling Premise Permit to Totino-Grace High School. PASSED AND ADOPTED BY THE C:CTY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF JANUARY, 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 9.02 NANCY J, JORGENSON - MAYOR i � . 0 CITY �F FRIDLEY M E M O R A N D II M TO: NILLIAM W. BIIRNB� CITY MANAGER��1�" FROM: RICHARD D. PRIBYL, FINANCE DIRLCTOR WILLIAM A. CHAMPA� CITY CLEFtR SIIBJECT: MINNESOTA LAWF'IIL GAMBLING PREMISE PERMIT APPLICATION FOR TOTINO-GRACE HIGH SCHOOL DATE: JANIIARY 2, 1997 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School at Sharx Sports Bar/Sharx Club, 3720 East River Road. Minnesota State Statutes requires the adoption of a resolution approving or denying this type of gambling permit. 10.01 RESOLUTION N0. - 1997 RESOLUTION INfS1UPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLIN(J PREMISE PERMIT TO TOTINO-GRACE HIGH SCHOOL WHEREAS, the City of Fri<iley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School; and WHEREAS, the location of the Premise Permit is for Sharx Club, 3720 East River Road; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOL,VED, that the City Council of the City of Fridley approves the Minnesota Law:ful Gambling Premise Permit to Totino-Grace High School. PASSED AND ADOPTED BY THE G:CTY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF JANUARY, 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK � �.�2 NANCY J., JORGENSON - MAYOR � � �, �� F FRIDLEY NtEMORANDUNS MuniCip,�l Center 6431 Urtiversity Avenue Northeast Fridley. Mir�nesota 55432 (612) 572-3507 FAX: (612j 571-1?_87 ti'Villi,itai C_ Hunt >>SS:stant t<� Il�� Ci�y Ma�aabcr �a Memo to: William W. Burns, City Manager � From: William C. Hunt, Assistant to the City Manager '� l'�i��-" J �� Subject: 1996-97 Police Contract Date: December 23, 1996 Attached is the labor agreement and the accompanying resolution setting forth terms and conditions of employment for PoJice Officers in 1996 and 1997. Subsequent to receipt of the decision in Bureau of Medication Services Case No. 96-PN-1915, the following changes to the 1995 Police contract have been incorporated into the 1996-97 Police contract. l. Article 17 Insurance. The maximum employer's contribution toward health, life and dental insurance will not increase over the 1995 amount. That is, it will stay constant at a maximum of $345.00 per month for 1996 and 1997. 2. Article 22 Wacte Rates. . .. The wage rates for 1996 will increase by three percent over 1995 in accordance with the arbitrator's decision. The wage rates for 1997 vuill increase by three percent over the wage rates for 1996. The arbitrator did not award any change in Article 22, Longevity and Educational Incentive, or Section 25.4 relating to the schedule for employees to sell back accumulated leave time. Also, the arbitrator did not award a new section, 25.7, Health Insurance Retirees. In summary, the only changes from 1995 are the wage rates for 1996 and 1997. I request that you present this contract to the City Council for consideration at their meeting of January 6, 1997 with the recommendation for approval. WCH/jb Attachment c: David H. Sallman, Public Safety Director Gary Lenzmeier, Deputy Public Safety Director Lt. Herb Zimmerman Richard D. Pribyl, Director of FinanceJCity Treasurer Lisa McDonnell, Human Resources/Public Information Specialist Cyrus F. Smythe, Labor Relations Associates, In�. 11.01 RESOLUTION NO. - 1997 A RESOLUTION APPROVING AND AUTHORIZING SIGIVING AN AGREEMENT ESTABLISHING WORKING CONDITIONS AND HOURS OF PI�LICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEARS 1996 AND 1997 WHEREAS, the Law Enforcement Labor Services, Inc. as bargaining representative of the Police Officers of the City of Fridley, has presented to the City of Fridley various requests relating to the working conditions and hours of Police Officers of the Police Department of the City of Fridley; and WHEREAS, the City of Frid�ey has presented va�7ous requests to the Union and to the employees relating to workin�g conditions and hours of Police Officers of the Police Department of the City of Fridl�°y; and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, the Arbih�ator has made an award in BMC Case No.: 96-PN-1915; VVHEREAS, agreement has na�n� been reached between the representatives of the two parties on ttie proposed changes in the �°�sting contract between the City and the Union; NOW, THEREFORE, BE IT' RESOLVED that the City Council hereby approves said A�n-eement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit "A_") relating to working conditions and hoiu�s of Police Officers of the City of Fridley. PASSED AND ADOPTED F3Y THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 1997. NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CIIf1MPA - CITY CLERK 11.02 EXHIBIT "A" LABOR AGR�EMENT BETWEEN THE CITY OF FRIDLEY ANI� LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL Nt�. 119 1996 ANl� 1997 11.0�3 LABOR AGREEMENT BETWEEN THE CTTY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. ll9 1996 AND 1997 TABLE OF CONTENTS ARTICLE PAGE 1. Purpose of Agreement ............................................ 1 ......... ............................... 2. Recognition ............................... ....._............... 1 .........................................�---�-� 3. Definitions ........................................................................................................ 1 4. Employer Security ..................................... ....................................................... 3 5. Employer Authority. ......................................................................................... 3 6- Union Security .............. .................................................................................... 3 7. Employee Rights - ('rrievance Procedure ..................... .................................... 4 8. Savings Clause .............................................................................. 6 ................... 9. Seniority. ............................................................................................... 10. Discipline ................... ...................................................... ................................ 1 l. Constitutional Protection ................................................... ............................... g 12. Work Schedules ............................................................................................... 8 11.04 ARTICLE.........................................................................................................................PAGE 13. Overtime .......................................................................•••...............................•- 14. Court Time ....................................................................................................... 15. Call Back Time ................................................................................................ 16. Working out of Classification ................................................................... ....... 17. Insurance ....................................... . .............................................................. .... 18. Standby Pay ...................................................................................................... 9 19. Uniforms ....9 ............................................ . ....... .................................................. 20. P.O. S.T. Training ............................................................................. _................ 9 21. Longevity and Educational Incentive ...............................................................10 22. Wage Rates ............. ......................................................................................... 23. Legal Defense......, .......................... ............ ...................................................... 24. Probationary Periods ,,,,,,,, ............................................._.......--• •-.....................-- 25. Annual Leave ................................................................................................... 26. Holidays ........................... 13 ....--••--•--........ ............................................................ 27. Short Term Disabili �' ..............................•••......................................................1 28. Funeral Pay ...................................................................................................... 29. Jury Pay ............................................................................................................15 30. Compensatory Time .........................................................................................15 31. Employee Education Program ..........................................................................15 32. Pay for Investigators or School Resour�ce (?fficer ............................................16 33. Case No. 85-PN-486-A., Issue 8 .......................................................................16 34. Waiver ............ .................................................... .................................... ..........1 35. Duration 1� ..............................................................�--......._.............---.................. 11.05 LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 Article 1. Purpose of Agreement This Agreement is entered into betweeri the City of Fridley, hereinafter called the Employer, and Law Enforcement Labor Sen✓ices, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: l.l Establish procedures for the resolution of disputes concerniug. this Agreement's interpretation ancVor appli�;ation; and 1.2 Place in written form the �arties' agreement on telms and conditions of em lo for the duration of this Agr•eement. � P yment Article 2. Recognition 2.1 The Employer recognizes �he Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, subdivision 8, for all police personnel in the following job classifications: 1. Police Officer 2. Police Corporal 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for detexmination. Article 3. Definitions 3.1 Union Law Enforcement Labor Services, Inc. 1 11.06 v � 3.2 Union Member A member of the Law Enforcement La.bor Services, Inc. 3.3 Emplo,yee A member of the exclusively recognized bargaining unit 3.4 Depariment The Fridley Police Department. 3.5 Emplover The City of Fridley. 3_6 Chief The Public Safety Directar of the Fridley Police Deparimen� 3.7 Union Officer Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3 . 8 Investi�ator/Detective An employee specifically assigned or classified by the Employer to the job classification andlor job position of InvestiigatorlDetective. 3.9 Overtime Work performed at the e�cpress authorizazion of the Employer in excess of the Employee's scheduled shift. 3.10 Scheduled Shift A consecutive work period including rest breaks and a lunch break. 3_ 11 Rest Breaks Periods during the scheduled shift during wliich the Employee remains on continual duty and is responsible for assigned duties. 3.12 Lunch Break A period during the scheduled shift during which the Employee remains on continual duty and is responsilile for assigned duties. 2 11.07 3.13 Strike Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the fu11, faithful and proper per�ormance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or oblig;ations of employment. Article 4. Employer Security The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in or s�pport any strike, slow-down or other inteiruption of or interference with the normal fun�tions of �e Employer. Article 5. Employer Authority S.1 The Employer retains the full and unrestricted right to operate and manage all ma.npower, facilities, and. equipment; to establish functions and programs; to set and amend budgets; to deternxine the utilization of technology; to establish and modify the organi7�ational struciure; �o select, direct, and determine the number of personnel; to establish work schedule�, and to perform any inherent managerial function not specifically limited by thi:� Agreement. ' 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify establish, or elimivate. ' Article 6. Union Security 6.1 The Employer shall ded�:�ct from the wages of employees who authorize such a deduction in writing an arnount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 62 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward an�/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to inder.nnify and hold the Employer haimless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not t��icen by the Employer under the provisions of this A.rticle. 3 11.08 Article 7. Employee Rights - Grievance Proce�lurc 7.1 Defiiiirion of a Grievance A grievance is defined as a dispute or disagreement as to tl�e interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representatives The Employei- will recognize Representatives designated by the Union as the �7evance representatives of the bargaiiiir�� unit having t1�e duties a�id responsibilities established by this Article. The Union �hall notify the Employer in writiug of the ��arnes of such Union Representatives and of tlleir successors when so designated as provided by Secrion 62 of this A�-eement. 7.3 Processin� of a Crnievance It is recognized and accepted by the Unian and the Employer that the processing of b 7evances as hereinafter provided is limit�d by the joU duties and responsibilities of the Employees and shall thel-efore be accornplished dur7ng noimal working hours only wlien consistent with such Employee duties ai�d responsibilities. The a�rieved Ernployee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer dur�lg noimal working hours provided fllat the Eniployee and the Union Representa.tive have notified and received the approval of the designated supervisor who has detei7nined that such absence is r�asonable and would not be detrimental to t�ie work progra�ns of t�ie Employer. 7.4 Procedure Grievances, as defined by Section 7.1, shall l�e resolved in conformance with the following procedure: Ste�� 1. An Employee claiming a violation concerni�g t1�e ulteipretation or appliearian of this Agreernent shall, within twenty-one (21) calendar days after such alleged violation has occuired, present such �n-ievance to the Er�ployee's supervisor as designated by the Etnployer. Tlie Employer-designated representative will discuss and �rive an answer to such Step 1 grievance within ten (10) cale�idar days after receipt. A grievance not resolved in Step 1 and appe�ied to Step 2�hall be placed in wY-iting setting forth the iiatut-e of the gr-ievance, the facts on which it is based, the provision or pt-ovisions of the A��reement allegedly violated, the remedy re�uested, and shall be appealed to Step 2 within ten (10) calendar days after the Etnployer-designated representative's final allswer in Step 1. Any grievanee not appealed in �v�7ting to Step 2 by the Union within ten (10) calendar days shall be considered waived. 11.09 step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-desi Step 2 representative. The Employer-designated representative shall give the Union �e Employer's answer in writing within ten (10) calendar days after rece�pt of such Step 2 gnevance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer - designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by tl�e Union within ten (10) calendar days shall be considered waived. Step 2a• If the grievance is not resolved at Step 2 of the grievance procedure, the parties, by mutual a�-eemen� may submit the matter to mediation with the Bureau of Mediation Services. Submitting th�; grievance to mediation preserves timeliness for Step 3 of the grievance procedure. Aay grievance not appealed in writing to Step 3 by the Union within ten (10) calendar �ays of inediation shall be considered waived. Step 3. A grievance unresolved in Step 2 or Step 2a and appealed to Step 3 by the Union sha11 be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 a� amended. The selection of an arbitrator shall be made in accordance with the "R�les Governing the Arbitration of Grievances" as established by the Burean of Mediation Services. 7.5 Arbitrator's Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so lubmitted_ b. The arbitrator shall be without power to make decisions conri-ary to, or inconsistent wifl�, or modifying or vatyitig in any way the application of laws, rules, or regulatic►ns having the force and effect of law. The arbitrator's decision shall be �bmitted in writing within thirty (30) days following close of the hearing or the :;ubmission of briefs by the parties, whichever be later, unless the parties agree t� an e�ension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or a��plication of the express terms of this Agreement and to the facts of the grieva�ce presented. c. The fees and e�cpf;nses for the arbitrator's services and proceedings shall be borne equally by ttie Employer and the Union provided that each party shall be 5 11.10 responsible for compensatiiig its �wn representatives and witnesses. If eitliel- party desires a verbatim record of� the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost ,shali be shared equally. 7. � Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the ne�ct step within the specified tiine limit or any agreed extens�on thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof witlun t�ie specified �ime limits, the Union may elect to treat t�ie �,n-ievance as denied at that step and immediate'�� appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. Ar�icte 8. Savings Clause T�us Agreement is subject to the laws of tt7e United States, the State of Minnesota arid the Ciry of Fridley. In the event any pro��ision of this Agreement shall be held to be conn-ary to law by a court of competent jurisdiction from whose fmal judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. A11 other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either pariy. Article 9. Seniority 9.1 Seniority sha11 be deterniined by die employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by die Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period, a newly hired ar rehired employee may be discharged at the sole discretion of the Employer. Dw-ing the probationaly period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of %he Employer. 9.3 A reducrion of work force will be accomplislied on the basis of seniority. Employees shall be recalled from layoff on the basis af seniority. An employee on layoff shall have a�i opportiuuty to rehun to work within two years of the time of his layoff before any new employee is hu-ed. 9.4 Senior employee assignments and equal. s will be given preference wi�i regard to transfer, job classification promotions when the job-relevant qualifications of ernployees are �, 11.11 9.5 Senior qualified emplayees shall be given shift assignments preference after eighteen (18) months of continuo�is full-time employment. 9.6 One continuous scheduled annual leave period shall be selected on the basis of seniority until March l�t of each calendar year. After March ls� scheduled annual lea.ve shall be on a first come first served basis. ' 9.7 Employees shall lose their Seniority for the following reasons: a. Discharge, if nat :reversed; b. Resignation; c. Unexcused failure to return to work after e�iration of a vacation or formal leave of absence. Events beyond the control of the employee which prevent the employee from reiuniing to work will not cause loss-of seniority; d. Retirement. Article 10. Discipline 10.1 The Employer will disci��line employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or e. discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, not�ces of suspension, and notices of discharge which are to become part of an emp(oyee's personnel file shall be read and acknowledged by signature of the employe;e. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examin�; their own individual personnel files at reasonable times under the direct supervisi�n of the Employer. 10.5 Discharges will be prf.ceded by suspension without pay for forly (40) regularly scheduled working hours unless otherwise required by law. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given�an opportunity to have a LTNION representative present at such questioning. 7 11.12 10.7 Crrievances relating to this Article shall be iniriated by the Union in Step 2 of the grievance procedure under Article, VII. Article 11. Constitutionai Protection Employees shall have the rights granted to all citizens by the United Sta.tes and Minnesota Sta.te Constitutions. Articte 12. Work Schedules 12.1 The normal work year is an average forty (40) hour work week for full time employees to be accounted for by each employee tl�rough: a. hours worked on assigned shifts; b. holidays; c. assigned training; d. authorized leave time. 12.2 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a miniinum or maximum number of hours the Employer may assign employees. Articte 13. Overtime 13.1 Employees will be compensated at one and one-half (l-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shi$s do not qualify an employee for overtime under this Article. 13.2 Overtime will be dislributed as equally as practicable. 13.3 Overtime refused by employees will %r record purposes under Article i 3.2 be considered as unpaid overtime worked. 13.4 For the putpose of computing ovenune compensation overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. Article 14. Court Time An employee who is required to appear in Court during his scheduled off-duty time shall receive a ininin�um of three (3) hours' pay at.one and one-half (1-1/2) times the employee's base pay rate. An e�ctension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three (3) hour minimum. : �i iR' E�? flrticle 15. Ca(t I3ack Time An ei7iployee who is called to� duty during die employee's scheduled off-duty time shall receive a minimum of two {2) hours' pay at one and one-half (1-1/2) times the employee's base pay rate. An e�ctension or early report to a regularly scheduled shift for duty does not qualify the employee for the tv�ra (2) hour miiwnum. Article 16. Working out of Classification Employees assigned by the E�n�loyer to assume the full responsibilities and authority of a luglier job classification shall re�eive the salary schedule of the higher classification for the duration of tlie assignment. Article 17. Insurance 17.1 The Employer will contri:bute up to a ma�ciinum of three hundred forty-five dollars ($345.00) per month per employee toward health, life and long-tenn disability uisurance, in accordance with the Employer's fle�cible benefit plan, for employees choosing dependent cover�ge for calendar years 1996 and 1997. 17.2 The Employer will contri��ute up to a maYimum of two hundred ten dollars ($210.00) per Inont�i per employee toward health, life and long-term disability insurance, in accordance with the Employer's fle�cible benefit plan, for employees choosing single coverage for calendar years 1996 and 1997. 17.3 By mutual agreement each employee may use up to fifteen dollars ($15.00) per month of health insurance dollars in 17.1 and 17.2 for group dental insurance offered through the city, in accordance with the Employer's fleacible benefit plan. 17.4 The Employer will provide group term life insurance with a ma�mum of $25,000 per Employee and additional a�.cidental death and disability insurance with a ma�mum of $2�,000 per Employee. Provided that t�ie total City cost for all insurance premiums does not exceed the amount: set forth in this Article. Article 18. Standby Pay Employees required by the Employer to standby shall be paid for such st�idby time at the rate of oue hour's �ay for each hour on standby_ Articte 19. Uniforms Tlle Einployer shall pi-ovide require��d uniform and equipment items. Articic 20. P.O.S.T. 7'raining �I'lle City sliall assign h-aining at C'ity expense for Poiice Officers to complete 48 taours of I'.O.S.T. E3oard appT-oved educatio�l during each three year licei�sin�; period. �, 11.14 Article 21. Longevity anci Educational Incentive Effective July 1, 1978, tlle following ternis and conditions are effective, except that employees hired after January 1, 1987, sha11 not be eligible for educarional incentive. 21.1 After four (4) years of continuous employment each employee sha11 choose to be paid three percent (3%) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.2 After eight (8) years of continuous emplayment each employee shall choose to be paid supplementaly pay of five percent (5%) uf the employee's base rate or supplementary pay based on educatiorial credits as outlined 21.6 of this Arficle. 21.3 After twelve (12) years of continuous emplo_yment each employee shall choose to be paid supplementary pay of seven percent (7%) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.4 After sixteen (16) years of continuous employment each employee shall choose to be paid supplementary pay of nine percent (9%) of the employee's base rate or � supplementary pay based on educarional credits as outlined in Z l.6 of this Article. 21.5 Employees may choose supplementary pa_y eitller for length of seivice or for educational cr-edits no more often than onc�e eveiy twelve (12) rnonths. 21.6 Supplementary pay based on educational credits will be paid to employees after twelve (12) month of continuous employment at �`he rate of Educational Credits stated in terms of colle�e c�uarter credits 4� - 89 90 - 134 135 - 179 180 or more Percentage Pay increment 3% 5% 7% 9% Not all coui-ses are to be eligible for credit. Courses receiving qualifying ci-edits mlist be job related. (Thus, a four year degree is not automatically 180 credits — or two year certificate is not automarically 90 credits.) .�ob-related courses plus those formally rec�uired to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psycholo�y of Police Work (3 credits), complerion of those courses would yield a total of eleven qualifying credits, C.E.U.'s (Continuin� Education Urlits) in job-related seminars, sht�Trt eourses, institutes, etc. shall also be co�inted. The Ernployer- slia(( detetmine which cou�-ses are iob related. Disputes ar-e g�ievable based on tlle criteria outlined in the award of Minnesota BuT-eau of Mediation Services Case No. 7�-PN-;70-A. i �.: 11.15 Article 22. Wage Rates 22.1 The following hourly wa�;e rates will apply for 1996 and for 1997: 1996 S�rt $13.38 After six months $14.40 After one year $16.45 After two years $18.49 After three years $20.54 .�. _ $13.78 $14.83 $16.94 $19.04 $21.16 222 Employees classified or assigned by the Employer to the following job classifications or positions will receive c>ne hundred fifty-five ($155.00) per month or one hundred fifty-five dollars ($155.00) pro-rated for less than a full month in addition to their regular wage ra.te: Investigative (detective} School Resource Officer Juvenile Officer Dog Handler Paramedic 22.3 Employees classified by �tie Employer to the following job classification will receive two hundred five dollars ($205.00) per monti� or two hundred five dollars ($205.00) pro-rated for less than a full month in additio� to their regular wage rate: Corporal Article 23. Legal Defense 23.1 Employees involved in liti�ation because of proven negligence, or non-observance of laws, or of a personal nature, may not receive legal defense by the municipality. 23.2 Any employee who is char;�ed with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisor, shall be reimbursed for attorney's f�:es and court costs actually incurred by such employee in defending against such chaige. 23.; Employer will provide protf,ction for all Employees against false arrest charges. Article 24. Probationary Periods All newly hired or rehired employees will serve a twelve (12) months probationary period. 11 �1.1s Articic 2_5. Annual Leave 2�.1 Each Employee shall be entitled to alu�ual Ieave away from employment with pay. Employees shall accrue annual leave based on an average eight (8) hour work day. Annual leave may be used for scheduled or emergency absences from employment. Annual leave pay shall be computed at the regular rate of pay to which such an employee is entitled; provided, however, that the amount of any compensation sha11 be reduced by the payment received by the employee from workers' compensation insurance, Public Employees Retirement Association disability msurance, or Social Seciu-ity disability insurance. An Employee's accumulation of annual leave will be 1-educed only by the amount of annual leave for which the Employee received compensation. 2�.2 Senioriry shall apply on scheduled annual leave up to March lst of each year. After March lst, scheduled annual leave shall be on a first come, first serve basis. 2�.3 A begulning employee shall accrue annual leave at the rate of eighteen (18) days (144 hours) per year far the first seven (7) years (84 successive montl3s). An einployee wllo has worked seven (7) yeai-s (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days (192 hours) per year, beginning witli tlie eighty-fifth (85th) month of successiv� employment. An einployee who has worked fifteen (15) years (180 successive months) shall accrue annual leave at the rate of twenty-six (26) days (208 hours) per year, beginning with the one hundred eighty-first (181st) month of successive employment. These rates are based on a forty hour regular �vork week. The actual amount credited to an employee in any given pay period shall be prorated according to the actual number of regular hours worked during fhat pay period. Hours worked on overtime, callback, or standby shall not enter into the calculation of the accrual of annual leave. 2�.4 For an employee hired on or after January 1, 1984: The maximum total accumulation of annual leave at the end of any given year shall be ttiirty (30) days (240 hours). Once a yeai�, at a time designated by tlle City, an employee w110 has completed seven (7) years of service with the City will have the opportunity to exchange up to tluee (3) days (24 hours) of accumulated annual leave fi�r cash. At the same rime, an employee who has completed fifteen (1S) years of seivic�: witli the City will have the oppoitunity to exchange up to five days (40 hours) of accumulated annual leave for cash. 25.� Foi- an eii�ployee hired before Januaiy 1, 1984: Vacation acc�Ued but unused as of December 31, 1983, shall be conve►ted to annual leave at the rate of one (1) day annual leave for one (1) dav of vacation. Acciued but 1 ?. 11.17 unused sick leave as of December 31, 1983, shall be converted to annual leave according to the followirig schedule. a. lst 45 days @ 1 day of annual ieave for 1 day of sick leave b. Znd 45 days @ 1 day of annualleave for 2 days of sick leave c. Remainder @ 1 day of annual leave for 3 days of sick leave In lieu of severance pay, one hour of annualleave shall be credited for each full month of employment up to a ma�cimum of two hundred forly (240) hours. The total amount of annual leave credited to the employee's balance as of January 1, 1984, shall be equal to accrued but unused vacation plus accrued but unused sick leave converted according to the fo�nula above plus the amount in lieu of severance pay. If upon conversion to the annual leave plan an employee's accumulation of annual leave exceeds thirty (30) days {240 hours), that amount shall be the maximum total accumulation (cap) for th�t employee at the end of any subsequent year. Once a year, at a time designated by the City, an employee will have the opporiunity to exchange up to five (S) days (40 hours) of accumulated annual leave for cash. In addition, once a year at a time designated by the City, an employee with an accumulation of annual lf;ave in excess of thirty (30) days (240 hours) will have the opportunity to exchange up to five (S). days {40 hours) of annual leave for cash. Such an exchange shall reduce �he mu�iinum total accutnulation (cap) of an employee by an equal amount. An Employee who wishes to take advantage of the catch-up provision of the LC.M.A. Retirement Corporation niay exchange as many days as desired for cash under the following conditions: a. The Employee's cap is reduced by the number of days exchanged. b. In no case may the �cap be reduced below thirly (30) days (240 hours). c. An Employee talcing advantage of this provision must file the appropriate forms for the payroll division of the Finance Department and the LC.M.A. Retirement Corporation. 25.6 Upon separation from employment with the City, an employee will be paid one (1) day's salary for each day af accrued annual leave remaining in the employee's balance. Article 26. Holidays 26.1 Employees will accrue ei�ht (8) hours of holiday leave for each of eleven (11) liolidays in a calendar year. 13 11.18 26.2 Ili addition to the eleven (11) liolidays, Einployees assigned to die Patrol Division stiall be paid at one and one-half ( I- U2) times tlieir base rate of pay for all hours worked ori the actual holiday between the hours of n�idnight and midnight. 26.3 Employees, with approval, may use accumulated Holiday leave time in any hourly increment the employee chooses. Article 27. Short Term Disability 27. l Calcularion of the short-term disabiliry benefit shall be based on an average eight (8) hour work day. Each employee who has successfully completed the employee's probationary period shall be eligible for tlle short term disability benefit. Such an employee shall be entitled to full pa.y cominencing on the twenty-first (21st) consecutive working day on which die employee is absent (after absence for 160 consecutive regularly scheduled working hours) due to a physician-certified illness or injiuy off the job, and continuing until the employee returns to work able to carry out the fu11 duties and responsibilities of t�e employee's position or through the one hundred and tenth (110th) working day (880`�' regularly scheduled working hour) of absence, whichever occtu-s first. Such an employee shall also Ue enrifled to full pay commencing on the eleventh (l ltti) consecutive working day on which the employee is absent �after absence for 80 consecutiv� r-egralarly scheduled working hours) due to a physician-certified illness or injury on the job and continuing until the employee returns to work able to carry out the duties and responsibiliries of the employee's position or through the one hundredth (1GOth) working day (800`'' regularly scheduled working hour) of absence, whichever occurs first. The amount of any compensahon for the short term disability benefit shall be reduced by any payment received by the disabled employee from workers' cotnpet�sation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short term disability benefit by the City to an employee shall not exceed ninety (90) working days (720 working h�urs) for any single illness or injury, regardless of the number and spacing of episodes. The annual lea�e balance of an employee receiving short term disability benefit shall not be reduced, nor shall such employee accrue annual leave during that ��eriad. 27.2 Before any short term disability payments are made by the City to an employee, the City may request and is enritled to receive a certificate signed by a competent physician or other medieal attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The City also reserves the right to have an examination made at any rime of any employee claiming payment under the short teim disability benefit. Such examination. may be made on behalf of the City by any competent person desi�mated by the �ity when the City deems the sarne to be reasonably necessary to verify tlie illness or inj�uy claimed_ 27.; If an employee hired before Januasy 1, 1984, has received payments under tlle injury-ori-duty provisions of pi-evious contracts, the number of days for whicli J�ayrnent was received will be deducted f'rom the iiumber of days of eli��ibiliry for covera�e under short tern� disability for that sarne iniu _ry. l� 11.19 Article 28. F'unerat Pay Fiuieral leave will be granted to full time employees up to a m�irnum of twenty -four (24) scheduled hours. �uneral leave is granted in case of deaths occuiring in the immediate family. For flus purpose immediate family is considered to be a spouse, child, parent, grandparent, brother or sister, mother-in-law and father-in-law. Ar�icle 29. Jury Pay Ir shall be understood and agreed that the City shall pay all regular full time employees seiving on any jury the difference in salary between jury pay and the employee's regular salary or pay while in such service. Article 30. Compensatory Time Management reserves the right to approve compensatory time iii lieu of overtime pay. Compensatory time sha11 �not be accumulated in excess of twenty-four (24) hours, and must be used within the calendar year in which it was accumulated as deternlined by the ernployer. Article 31. Employee Educatiion Program 31.1 The City will pay certain expenses for certain educarion courses based on the following criteria. a. The training course must have relevance to the employees' present or anticipated career responsibilities. Attendance shall be at a City appi-oved institution. The course must be approved by the Deparhnent Manager. Financial assistance will be eatended only to co�rses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 31.2 Progr�iis Financial Policy Financial assistance not io exceed the amount of two thousand two hundred fifty dollars ($2,250.00) per F;mployee per year will be extended to cover the cost of tuiriorl, required books or educational materials, and required fees related to the coiu-se. Charges for studf;nt union memUership, student health coverage and other charges foi- which the s�tudent receives some item or sei-��ees other flian achial instruction will iiot be paid. The City will pay 50°/o of the cost of tuition in advance of the eniployee's a�ctual participation in tt�e course and the employee shall pay 50% of the cost Upon successfu] completion of the couise, an employee will be required to present to his Department Head a certification of sarisfactory work. Satisfactory work is defiiled as follows: a. in coul-ses issuin�; a letter ��-ade, a C or above is requir-ed. b. ln courscs issuin� a numet-ical ��rade, 70% or above is required. � �_ 11.20 c. In courses not issuing a grade, a certification from the instructor that the student satisfactorily participated in the activities of the course is required. 31.3 If the Employee satisfactorily completes the course, t�►►e Employee will be reimbursed for the additional fifly percent (50%) of the tuition cost for which the Employee obligated himself or herself in the approved application as well as for the cost of any course required books, educational materials of fees. If the Employee faiLs to satisfactorily complete the course, the Employee will not be reimbursed for these costs. 31.4 The program will not reimburse the Employee for the hours the Employee spends in class, otily for the hution. 31.5 Expenses for which the Employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 31.6 The City will not pay tuition or other costs far those courses which are used to make the Employee eligible for additional salary. Articte 32, Pay for Investigators or School Resaurce Officer Employees receiving the one hundred fifty-five dollars ($155.00) per month differential pay shall not be eligible for the oveitime provisions of the contract applicable to Police Officers, but they shall be eligible to receive overtime at time and one-half the Employee's regular base rate of pay if the Employee is assigned by the Effiplayer to work in excess of the number of hours allowed by the Fair Labor Standards Act for the work period chosen by the Employer in accordance with the special overtime exemptions for public safety employees. Article 33. BMS Case No. 85-PN-486-A, Issue 8 The City shall establish a miriiinum of two months between each shift change in the rotation. Articte 34. Waiver 34.1 Any and a11 prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employmen� to the e�ctent inconsistent with the provisions of dus Agreement, are hereby superseded 34.2 The parties mutually aclrnowledge that during the negotiations which resulted in this. Agreement, each had the ui�lim_ited right and opportuniry to make demands and proposals with respect to any term or condition of employment not removed by law from bargaiiung. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for t�e stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negoriate regarding any and all tem�s and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of ecnployment not specifically referred to or covered by this A�reement, even though such terms or lb 11,21 conditions may not have been within die knowledge or contemplation of either or both of the parties at the time t]us contract was negotiated or executed. Article 35. Duration This Agreement shall be effectivE; as of the first day of January, 1996, and shall remain in full force and effect through 1i�e thi�ly-first day of December, 1997. In witness whereo� the parties hereto have executed this .Agreement on this day of , 1997. FOR CITY OF FRIDLEY Nancy J. Jorgenson, Mayor William W. Burns, City Manager FOR LAW NFORCEMENT L1�.BOR SERVICES, INC. ar es Bengtso usiness Agen� __�___-_ — ��. Kurt , Steward I hereby recommend approval of ihis agreement. ; ` � ?? illiam C. Hunt, Assis t o the (� ty Manager David H. Sallman, Public Safety I�irector 17 11.22 CITYOF FRIDLEY MEMORANDUM Municipai Cen[e� 6431 University Avenue Northeast Fndley, Minnesota 55432 (612) 572-3507 FAX: (672) 57i-1287 Willia�n C_ �-Iunt Assisean� io the Ciiy Manager Memo To: William W. Burns, City Manager �� From: William C. Hunt, Assistant to the City Manager�� ' Subject: Date: Labor Agreement with Internationa� Union of Operating Engineers Local No. 49 December 26, 1996 The employees of the City of �'ridley represented by the International Union of Operating Engineers, Local Union No. 49, have voted to accept the offer made by the City on December 13, 1996. This will involve the follocaing changes to the present 1996 contract: l. Article 19. Insurance. The Employer's maximum contribution toward group health and life insurance will not increase in 1997. It will stay at the maximum rate of $345.00 per month for employees choosing dependent coverage and $210.00 pe.r month for employees choosing single coverage. In 1998 members of the bargaining unit will receive the same amount as approved by the City Council for non-union employees. 2. Appendix A. increase of allows for over 1997. Wages. The new contract allows for a three percent all wage rates in 1997 over those of 1996. It also a three percent increase of all wage rates in 1998 As a housekeeping matter, Appendix C has been incorporated into Appendix B. This does not involved any language change. I have prepared a resolution, and I request that you present it to the Fridley City Council for consideration at its meeting of January 6, 1997. c: `John G. Flora, Director of Public Works/City Engineer Paul E. Lawrence, Superintendent of Public Works Richard D. Pribyl, Director of Finance/City Treasurer Lisa McConnell, Human Resources/Public Information Specialist Cyrus F. Smythe, Labor Relations Associates, Inc. � 2.01 RESQLUTION NO. - 1997 RESOLUTION P.UTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO (PUBLIC WORK� MAINTENANCE) FOR 1997 AND 1998 WHEREAS, the Internati_orial Union of Operating Engineers, Local No. 49, AFL-CIO, as bargain=ing representative for certain Public Works Maintenance employees of� the City of Fridley, has presented to the City of Fridley various requests relating to the wages and working conditions of employees of the Public Works Department of the City of Fridley; and WHEREAS, the City of Fridley has presented to the designated representatives of Local_ 49 various requests relating to the wages and working conditions of employees of the Public Works Department of the City of Fridley; and WHEREAS, representative�� of the Union and the City have met and negotiated regarding the requests of the Union and the.City; and WHEREAS, agreement has riow been reached between representatives of the two parties on the proposed changes to the existing agreement between the City and the Union; NOW, THEREFORE, BE IT RESOLVED by the City of Fridley that such agreement is hereby ratified and that the Mayor and City Manage.r are hereby authorized to sign the attached Labor Agreement including Appendix A ar�d Appendix B relating to wages and working conditions of employees of the City of Fridley Public Works Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 1997. NANCY J. JORGENSON - MAYOR WILLIAM A. CHAMPA - CITY CLERK 12.02 0 n LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO 1997 and 1998 12.03 LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATI:ONAL UNION OF OPERATING ENGINEERS LOCAL N0. 49 AFL-CIO 1997 and 1998 ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI ARTICLE XVII ARTICLE XVIII Page PURPOSE OF AGREEMENT . . . . . . . . . . . . . . .1 RECOGNIZ'ION. . . . . . . ' . . . . . . . . . . . . 1 UNION SE;CURITY . . . . . .. . . . . . . . . . . . 1 EMPLOYER: SECURI TY . . . . . . . . . . . . . . . . 2 EMPLOYEF: AUTHORITY . . . . . . . . . . . . . . . 2 EMPLOYEE; RIGHTS . . . . . . . . . . . . . . . . 2 DEFINITIONS . . . . . . . . . . . . . . . . . . . 5 SAVINGS CLAUSE . . . . . . . . . . . . . . . . . 7 WORK SCHEDULES . . . . . . . . . . . . . . . . . 7 OVERT IME; PAY . . . . . . . . . . . . . . . . . . 7 CALL BAC;K . . . . . . . . . . . . . . . . . . . . 8 LEGAL DE;FENSE . . . . . . . . . . . . . . . . . . 8 RIGHT OE' SUBCOIvTTRACT . . . . . . . . . . . . . . 8 DISCIPLINE . . . . . . . . . . . . . . . . . . . 8 SENIORITY . . . . . . . . . . . . . . . . . . . . 8 PROBATIGNARY PERIODS . . . . . . . . . . . . . . 9 SAFETY . . . . . . . . . . . . . . . . . . . . . 9 JOB POSTING . . . . . . . . . . . . . . . . . . . 9 � c 12.04 � ARTICLE XIX ARTICLE XX ARTICLE XXI ARTICLE XXII ARTICLE XXIII ARTICLE XXIV ARTICLE XXV INSURANCE . . . . . . . . . . . . . . . . . . . . 10 ANNUAL LEAVE . . . . . . . . . . . . . . . . . . 10 SHORT TERM DISABILITY , , , , , , , , , , , , , 12 STANDBY PAY �ND MINIMUM CALLBACK. . . . . . . . 13 EMPLOYE EDUGATION PROGRAM . . . . . . . . . . . 13 FUNERAL PAY . . . . . . . . . . . . . . . . . . 14 JURY PAY AND W I TNE S S FEE S........... 14 ARTICLE XXVI MILITARY LEAVE . . . . . . . . . . . . . . . . . 14 ARTICLE XXVII INCENTIVE PAY (LONGEVITY) . . . . . . . . . . . 14 ARTICLE XXVIII HOLIDAYS . . . . . . . . . . . . . . . . . . . _ 15 ARTICLE XXIX UNIFORMS . . . . . . . . . . . . . . . . . . . . 15 ARTICLE XXX REPRESENTATIVE OF AREA WIDE NEGOTIATIONS. ... 15 ART I CLE XXX I INSURANCE . . . . . . . . . . . . . . . . . . . 15 ARTICLE XXXII WAIVER. . . . . . . . . . . . . . e . . . . . j,5 ARTICLE XXXIII DURATION . . . . . . . . . . . . . . . . . . . . 16 APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 APPENDIX B . . . . . . . . . . . . . . . . . a . . . . . . . . . 19 12.05 LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL N0. 49 AFL-CIO ARTICLE I. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the Local No. 49, International Union of Operating Engineers, AFL-CIO, hereinafter called the UNION. It is the intent and purpose of the AGREEMENT to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through the AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II. RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative in a unit as certified by the Minnesota Bureau of Mediation Services. ARTICLE III. UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 1 12.06 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the app:ropriate designated officer of the UNION. 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the CITY under the provisions of this Article. ARTICLE IV. EMPLOYER SECURITY The UNION agrees that during the life of this cause, encourage, participate in or support or other interruption of or interference wit of the EMPLOYER. ARTICLE V. EMPLOYER AUTHORITY AGREEMENT it will not any strike, slow-down h the normal functions 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational struct=ure; to select, direct, and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term established within the eliminate. and condition of employment not specifically or modified by this AGREEMENT shall remain solely discretion of the EMPLOYER to modify, establish, or ARTICLE VI. EMPLOYEE RIGHTS -- GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 6.2 UNION REPRESENTATIVES The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by the Article. The UNION shall notify the EMPLOYER in writing of 2 12.07 the names of such UNION REPRESENTATIVES and of their successors when sa designated. 6.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYFE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in conference with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision of provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative`s final answer in Step l. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten t10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER- designated representative's final Step 2 answer. Any 3 12.08 grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER- designated representative's final answer in Step 3. Any grievance not appealed in writ:ing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step.4 may be appealed to Step 5 within ten (10) calendar days following the EMPLO�'ER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue(s) not so submitted. B. The arbitrator shall be without power to make decisions contrary to or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the forre and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, 4 12.09 whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION �>rovided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 WAIVER If a grievance is not presented within limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of t=he EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time 1_imits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to Step 5 of Article VI or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Article VI, the grievance is not subject to the arbitration procedure as provided in Step 5 or Article VI. The aggrieved employee shall indicate in writing which procedure is to be utilized (Step 5 or Article VI or another appeal procedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of Article VI. ARTICLE VII. DEFINITIONS 7.1 UNION The International. Union of Operating Engineers, Local No. 49, AFL-CIO. 5 �F�C�� 7.2 EMPLOYER The City of Fridley. 7.3 UNION MEMBER A member of the International tJnion of Operating Engineers, Local 49, AFL-CIO. 7.4 EMPLOYEE A member of the exclusively recognized bargaining unit. 7.5 BASE RATE OF PAY The Employee's hourly pay rate exclusive of longevity or any other special allowance. 7.6 SENIORITY Length of continuous service in any job classifications covered by ARTICLE II -- RECOGNTTION. Employees who are promoted from job classification covered by this AGREEMENT and return to a job classification covered by the AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefit under this AGREEMENT. 7.7 SEVERANCE PAY Payment made to an employee upon honorable termination of employment. 7.8 OVERTIME Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.9 CALL BACK Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 7.10 STANDBY PAY Compensation for standing by at the City's request, or being available for work on days that are normally considered to be employee's day off. 6 12.11 ARTICLE VIII. SAVINGS CLAUSE The AGREEMENT is subject to the laws of the United States, the State of Minnesota and the signed municipality. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. Al1 other provisions of the AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX. WORK SCHEDULES 9.1 The sole authority in work schedules is the EMPLOYER. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 7:OOAM -3:30PM day. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need by given. It is not required that an employee working other than the normal workday be scheduled to work more than the eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X. OVERTIME PAY 10.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1 1/2) times the employee's regular base pay rate. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will for record purposes under ARTICLE 10.2 be considered�as unpaid overtime worked. 7 12.72 0 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTICLE XI. CALL BACK An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half {1 1/2) times the employee's base pay rate. ARTICLE XII. LEGAL DEF'ENSE 12.1 Employees involved ignorance of laws, employee judgmental the municipality. in litigation because of negligence, non-observance of laws, or as a result of decision may not receive legal defense by 12.2 Any employee who is charged with a traffic violation, ordinance violation or crimina:L offense arising from acts performed within the scope of the employee's employment, when such act is performed in good faith and under direct order of the employee`s supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against suc.h charge. ARTICLE XIII. RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XIV. DISCIPLINE 14.1 The EMPLOYER will discipline employees only for just cause. 14.2 An employee{s) will not be required to participate in an investigatory interview by the EMPLOYER where the information gained from the interview could .Lead to the discipline of the employee(s) unless the employee(s) is given the opportunity to have a third party or the Union Representative present at the interview to act as a witness for the employee(s). ARTICLE XV. SENIORITY 15.1 Seniority will be the determining criterion for transfers, promotions and lay-offs only when all job-relevant qualifications factors are equal. 15.2 Seniority will be the determining criterion for recall when the job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten (10) 8 12.13 0 working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. ARTICLE XVI. PROBATIONARY PERIODS 16.1 Every newly hired or rehired employee will serve a twelve (12) month probationary period. 16.2 Every employee will serve a twelve (12) month probationary period in any job classification in which the employee has not served a probationary period. 16.3 At any time during the probationary period, a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 16.4 At any time during the probationary period, a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE XVII. SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII. JOB POSTING 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion or transfer from within provided that applicants: 18.11 have the necessary qualifications to meet the standards of the job vacancy; and 18.12 have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of the ARTICLE shall be subject to the conditions of �RTICLE XVI (PROBATIONARY PERIOD). 18.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. E 12.14 ARTICLE XIX. INSURANCE 19.1 The EMPLOYER will contribute up to a maximum of three hundred forty-five dollars ($345.00) per month per EMPLOYEE toward group health and life insurance for EMPLOYEES choosing dependent coverage for calendar year 1997 and the same amount as approved by the City Council for non-union employees in 1998. 19.2 The EMPLOYER will contribute up to a maximum of two hundred ten dollars {$210.00) per mont.h per EMPLOYEE toward group health and life insurance for EMPLOYEES choosing single coverage for calendar year 1997 and the same amount as approved by the City Council for non-union employees 1998. 19.3 By mutual agreement EMPLOYEES may use fifteen dollars ($15.00) of the per month per employee of health insurance dollars in 19.1 and 19.2 for dental insurance for all unit EMPLOYEES. 19.4 EMPLOYEES not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and gro�p life insurance. Additional life insurance can be purchased by EMPLOYEES at the EMPLOYEE'S expense to the extent allowed under the EMPLOYER'S group policy. ARTICLE XX. ANNUAL LEAVE 20.1 Each employee shall be entitled to annual leave away from employment with pay. Annual leave may be used for scheduled or emergency absences from employment. Annual leave pay shall be computed at the regular rate of pay to which such an employee is entitled; provided, however, that the amount of any compensation shall be reduced by any payment received by the employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. An employee's accumulation of annual leave will be reduced only by the amount of annual leave for which the employee receives compensation. 20.2 Seniority shall apply on scheduled annual leave up to May lst of each year. After May lst, scheduled annual leave shall be on a first come, first served basis. 20.3 A beginning employee shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 successive months). An employee who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85th) month of successive employment. An employee who has worked fifteen (15) years (180 successive months) shall accrue annual leave at the rate of twenty-six 10 12.15 0 {26) days per year, beginning with the one hundred eighty-first (181st) month of consecutive employment. These rates are based on a forty (40) hour regular work week. The actual amount credited to an employee in any given pay period shall be prorated according to the actual number of regular hours worked during that pay period. Hours worked on overtime, callback, or standby shall not enter into the calculation of the accrual of annual leave. 20.4 For an employee hired on or after July l, 1983: The maximum tota_L accumulation of annual leave at the end of any given year shall be thirty (30) days. Once a year, at a time designated by the City, an employee who has completed seven (7) years of service with the City will have the opportunity to exchange up to three (3) days of accumulated annual leave for cash. At the same time, an employee who has completed fifteen (15) years of service with the City will have the opportunity to exchange up to 5 days of accumulated annual leave for. cash. 20.5 For an employee hired before July l, 1983: Vacation accrued but unused as of June 30, 1983 shall be converted to annual leave at the rate of one (1) day of annual leave for one (1) day of vacation. Accrued but unused sick leave as of June 30, 1983 shall be converted to annual leave according to the following schedule: a. lst 45 days @ 1 day of annual leave for 1 day of sick leave b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave c. Remainder @ 1 day of annual leave for 3 days of sick leave. In lieu of severance pay, one hour of annual leave shall be credited for each full month of employment up to a maximum of two hundred forty (240) hours. The total amount of annual leave credited to the employee's balance as of July l, 1983 shall be equal to accrued but unused vacation plus the amount in lieu of severance pay. If upon conversion to the annual leave plan an employee`s accumulation of annual leave exceeds thirty (30) days, that amount shall be the maximum total accumulation (cap) for that employee at the end of any subsequent year. Once a year, at a time designated by the City, an employee will have the opportunity to exchange up to five (5) days of accumulated annual leave for cash. 11 12.16 In addition, once a year at a time designated by the City, an employee with an accumulation of annual leave in excess of thirty (30) days will have the opportunity to exchange up to five (5) days of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap) of an employee by an equal amount. 20.6 Upon separation from employment with the City, an employee will be paid one (1) day's salary for each day of accrued annual leave remaining in the employee's balance. ARTICLE XXI. SHORT TERM DISABILITY 21.1 Each employee who has successfully completed the employee's probationary period shall be eligible for the short term disability benefit. Such an employee shall be entitled to full pay commencing on the twenty-first (21st) consecutive working day on which the employee is absent due to a physician-certified illness or injury off the job, and continuing until the employee rpturns to work able to carry out the full duties and responsibilities of� the employee`s position or through the one hundred and tenth (110th) working day of absence, whichever occurs first. Such an employee shall also be entitled to full pay commencing on the eleventh (llth) consecutive working day on which the employee is absent due to a physician-certified illness or injury on the job and continuing until the employee returns to work able to carry out the duties and responsibilities of the employee's position or through the one hundredth (100th) working day' of absence, whichever occurs first. The amount of any compensation for the short term disability benefit shall be reduced by any payment received by the disabled employee from workers' compensation insurance, Public Employees Retirement Associa- tion disability insurance, or Social Security disability insurance. Payment of short term disability benefit by the City to an employee shall not exceed ninety {90) working days for any single illness or injury, regardless of the number and spacing of episodes. The annual leave balance of an employee receiving short term disability �enefit shall not be reduced, nor shall such employee accrue annual leave during that period. 21.2 Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The City also reserves the right to have an examination made at any time of any employee claiming payment under the short term disability benefit. Such examination may � be made on behalf of the City by any competent person designated by the City when the City deems the same to be reasonably necessary to verify the illness or injury claimed. 12 12.17 0 21.3 If an employee hired before July l, 1983, has received payments under the injury-on-duty provisions of previous contracts, the number of days for which payment was received will be deducted from the number of days of eligibility for coverage under short term disability for that same injury. ARTICLE XXII. STANDBY PAY AND MINIMUM CALLBACK FOR STANDBY EMPLOYEES 22.1 Employees who are designated by the City Manager to serve in a "standby" status on behalf of the City on a Saturday, Sunday or Holiday will receive as compensation for such service as "standby" two (2) hours of overtime pay for each day served in such status. 22.2 Employees required to "standby" during the week will receive as compensation for such service four (4) hours pay at the overtime rate. 22.3 If on any such day the Employee on "standby" shall actually perform work for_ the City, the Employee shall be entitled to compensation for each hour or portion thereof actually worked at the overtime rate of pay, which shall be in addition to the standby pay. 22.4 An Employee who is on standby and is called out to perform work shall be paid a minimum of one (1) hour overtime for performing such work. ARTICLE XXIII. EMPLOYEE EDUCATION PROGRAM 23.1 The City will pay instructional costs up to a maximum of $2,250 per employee per year for training courses relevant to the EMPLOYEE'S present or anticipated career responsibilities at City-approved institutions. The City will pay fifty percent (50�) of the cost of tuition in advance and the EMPLOYEE will pay the other fifty percent (500). The EMPLOYEE will be required to present to his/her Department Manager a certification of satisfactory work when the course is completed. a. Courses issuing a letter grade: a"C" or above is required. b. Courses issuing a numerical grade: a 70 percent grade is required. c. Courses not issuing a grade: a certification from the instructor certifying that the student has satisfactorily participated in the activities of the courses is required. 13 12.18 23.2 If the EMPLOYEE satisfactorily completes the course, the EMPLOYEE will be reimbursed for the additional fifty percent (50o) of the tuition as well as for the cost of required books or educational materials and required fees related to the course. The City will not reimburse the EMPLOYEE for fees which are charged for instruction, associated administrative expense, student membership, student health coverage and other charges for which the EMPLOYEE receives some item or service not directly related to the course of instruction. 23.3 The City will not reimburse the EMPLOYEE for expenses reimbursed under some other education system or program, e.g. G.I. Bill. ARTICLE XXIV. F'UNERAL PAY In case of death occurring in the immediate family of an Employee, such an Employee may be excused from work for up to three (3) days with additional time off granted by the City Manager if additional time is needed. This time off shall not subject the Employee to loss of pay. For this purpose, members of the immediate family of the Employee are considered to be the following: spouse, child (Natural or adopted), parent, grandparent, brother, sister, mother-in-law or father-in-law. ARTICLE XXV. JURY PAY AND WITNESS FEES An Employee who has been duly summoned for jury duty in any court, or who has been duly summoned as a witness in any proceeding, shall be excused from work in accordance therewith. Such employee shall be entitled to receive as pay a sum of money equal to the difference between what the Employee received as compensation for such jury duty or witness fees, and the Employee's regular pay. ARTICLE XXVI. MILITARY LEAVE Any Employee absent from work in accordance with the order of a duly established military authority shall receive pay and compensation during such absence as is provided by State Law. ARTICLE XXVII. INCENTIVE PAY (LONGEVITY) Incentive Pay will be paid over and above the base rate of pay for employees permanently hired prior ta March 31, 1973 according to the following schedule: After 5 years of Service: After 10 years of Service: 14 12.19 2-1/20 of base salary rounded to the nearest dollar amount 5° of base salary rounded to the nearest dollar amount. After 15 years of Service: 7-1/20 of base salary rounded to the nearest dollar amount. The City of Fridley has agreed to pay incentive pay to Employees hired prior to March 31, 1973, in recognition of their prior service and contribution to the City of Fridley. Neither the City nor the UNION will attempt to take away longevity or incentive pay for those persons hired prior to March 31, 1973, in future contracts. The amount of incentive pay for eligible Employees will be negotiated for the affected Employees. ARTICLE XXVIII. HOLIDAYS The EMPLOYER will provide eleven (11) paid holidays. In addition, employees shall be paid at one and one-half (1-1/2) times their base rate of pay for all hours worked on eleven (11) City designated holidays. ARTICLE XXIX. UNIFORMS The City of Fridley will furnish uniforms to Employees of the bargaining unit free of charge to the Employee. The City reserves the right to select the type of uniform to be furnished. The City will agree to furnish rain equipment and special safety equipment for all Employees. ARTICLE XXX. REPRESENTATIVE ON AREA WIDE NEGOTIATIONS If the UNION chooses to use one of the personnel from the Fridley work force as a representative on the area wide bargaining unit for more than one year in three, Local No. 49 will pay the salary of such Employee for the second year for the time spent on area wide negotiations. The purpose is to spread the cost of such negotiation among the several communities involved in joint negotiations. ARTICLE XXXI. INSURANCE The City will provide group term life insurance with a maximum of $25,000 per Employee and additional accidental death and disability insurance with a maximum of $25,000 per Employee. Provided that the total City cost for all insurance premiums does not exceed the amount set forth in ARTICLE XIX. ARTICLE XXXII. WAIVER 32.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent this the provisions of this AGREEMENT, are hereby superseded. 15 12.20 32.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipu�ated duration of the AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREII�IENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negot:iated or executed. ARTICLE XXXIII. DURATION The AGREEMENT shall be effective as of January l, 1997 and shall remain in full force and effect until the 31st day of December; 1998. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of , 199�'. FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO Dereschuk, Business Manager John Pendzimas, President John M. Schouveller, Recording Secretary Tim R. Connors, Business Representative David Jensen, Steward Mark Foster, Stewar 16 12.21 FOR THE CITY OF FRIDLEY Nancy J. Jorgenson, Mayor William W. Burns, City Manager I hereby recommend approval of this agreement. William C. Hunt - Assistant to the City Manager John G. Flora, Director of Public Works/City Engineer 17 12.22 � APPENDIX A WAGES 1997 and 1998 Public Services Worker (PSW) Hourly Rate 1997 1998 PSW-A.l Entry $11.86 $12.22 PSW-A.2 After one (1) year of satisfactory performance in PSW-A classification PSW-B.1 After two (2) years of satisfactory performance in PSW-A classification and achievement of minimum qualifications PSW-B.2 After one (1) year of satisfactory performance in PSW-B classification PSW-C After two (2) years of satisfactory performance in PSW-B classificatian and achievement of minimum qualifications PSW-D After five (5) years of satisfactory performance and achievement of min�.mum qualifications PSW-D (Maintenance III in 1989) $12.71 $13.59 $14.46 $15.33 $16.19 $16.50 $13.09 $14.00 $14.89 $15.79 �► . . : $17.00 Advancement to the next step will occur at the next regular pay period following satisfactory completion of the time of service requirement and achievement of minimum qualifications, if pertinent. Mechanic Level A B Person assigned to Lead Mechanic Hourly Rate 1997 1998 $15.33 $15.79 $16.50 $17.00 $17.15 $17.66 Seasonal/Temporary Employees Employees employed by the employer ori a seasonal/temporary basis for no more than 125 working days per calendar year either in a full-time (more than 14 hours per week) or part-time capacity will be compensated as determined by. the employer for the term of this employment. Such employees will not be eligible for any benefits under the Agreement except those which may be required by law. 12.23 18 0 APPENDIX B PUBLIC WORKS MAINTENANCE MINIMUM REQUIREMENTS Public Services Worker Level A Minimum Requirements High School Diploma, GED or equivalent. Valid Minnesota Class B Driver`s License. Successful completion of City`s physical examination including drug testing, if required. Ability to read, understand, and follow written and oral instructions, including safety rules. Ability to meet the physical demands of the job including but not limited to lifting, bending, climbing, reaching overhead, pushing and pulling. Ability to perform job responsibilities in climatic extremes. Ability to perform routine repair and maintenance tasks in one or more of the following sections: Streets, Parks, Sewer, Water, Vehicle Maintenance. Ability to work cooperatively as a member of a crew or team.. 12.24 ,� 0 0 Public Services Worker Level 8 Minimum Requirements Meets or exceeds all the minimum requirements of Public Services Worker Level A Completion of two (2) years of experience at Level A Minnesota Class B driver's license or appropriate Commercial Driver`s License Successful completion of all applicable City safety and hazardous materials training Safe work practices and safe driving record Adherence to City's policies in regard to tardiness and sick leave Adherence to all other policies and procedures for City employees Ability to deal effectively and tactfully with the public Good knowledge of location of streets and public facilities Working knowledge of fundamental job duties CERTIFICATION: For Streets Workers: Ability to use non-motorized and small engine types of equipment in area of job responsibilities For Parks Workers: Minnesota Non-Commercial Pesticide/Herbicide Applicator License/Certificate For Sewer Workers: Class S-D Waste Water Operator's Certificate For Water Workers: Class D Water Supply System Operator's Certificate For Mechanic's Helper: Demonstrated ability in the repair of small engines and routine vehicle maintenance 20 12.25 Public Services Worker Level C Minimum Requirements Meets or exceeds all the minimum requirements of Public Services Worker Level B Completion of two (2) years of experience at Level B Ability to work with minimum amount of on-site supervision Good knowledge of all operations, preventive maintenance and routine repair of equipment operated in area of job responsibility Enrollment in a Public Works Certificate Program or other program related to public works maintenance offered by a technical college or community college with successful completion of one quarter of course work (at least 16 quarter credits} Good knowledge of inethods and materials used in area of job responsibility CERTIFICATION: For Streets Workers: Completion of course work (at least three (3) quarter credits), in-service training, or certification in one (1) or more areas including but not limited to the following areas: bituminous technology and repair, light equipment operation, tree trimming, traffic control, asphalt testing, sign making, pavement marking, snow removal For Parks Workers: In addition to Minnesota Non-Commercial Pesticide/Herbicide Applicator License/Certificate, successful completion of a course at a technical college (at least 3 quarter credits) or other certification designated by the City after consultation with Local 49 in one (1) or more areas including but not limited to the following: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing, and surveying For Sewer Workers: C1ass S-C Waste Water Operator's Certificate For Water Workers: Class C Water Supply System Operator's Certificate 21 12.26 Public Services Worker Level D Minimum Requirements Meets or exceeds all t:he minimum requirements of Public Services Worker Level C Completion of one (1) year of experience at Level C Completion of a Public Works Certificate Program or other program related to public works maintenance offered by a technical college or community college with successful completion of three (3) quarters of course work (at least 48 quarter credits), provided that, during 1990 only, this requirement is waived for employees in the Maintenance II classification on December 31, 1989, upon achievement af ten years of service in the Public Works Maintenance Division of the City For sewer workers a Class S-B Waste Water Operator's Certificate may be substituted for �he education requirement. For water workers a C1ass B Water Supply System Operator's Certificate may be substituted for the education requirement. Ability to work without direct on-site supervision and to make on- site decisions related to task assigrunents Broad knowledge of operational aspects of public works maintenance department/division CERTIFICATION: For Streets Workers: Successful completion of a certified heavy equipment training program or equivalent training and experience, and completion of course work (at least three (3) quarter credits), in-service training, or certification in two (2) or more areas including but not limited to the following areas: bituminous technology and repair, tree trimmirig, traffic control, asphalt testing, sign making, pavement marking, snow removal, and basic carpentry. For Parks Workers: In addition to Minnesota Non-Commercial Pesticide/Herbicide Applicator License/Certificate, successful completion of a course at a technical college (at least 3 quarter credits) or other certification designated by the City after consultation with Local 49 in three (3) or more areas including but not limited to the following: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing, and surveying 22 12.27 Mechanic Minimum Requirements Level A High school diploma, GED, or equivalent. Valid Minnesota Class B Driver's License or appropriate Commercial Driver's License. Successful completion of City's physical examination including drug testing, if required. Ability to read, understand, and follow written and oral instructions, including safety rules. Ability to meet the physical demands of the job including but not limited to lifting, bending, climbing, reaching overhead, pushing, and pulling. Course work or experience in diesel mechanics. Experience in electric and gas welding. Two (2) years of applicable experience in auto and/or diesel maintenance and repair with a variety of light and heavy equipment. One (l) year of technical college course work (51 quarter credits) in auto or diesel mechanics or certification as a Master Automotive Technician by the National Institute for Automotive Service Excellence. One additional year of applicable experience can be substituted for up to seventeen (17) quarter credits. Level B Meets or exceeds all the minimum requirements of Level A. Three (3) years of applicable experience in auto and/or diesel maintenance and repair with a variety of light and heavy equipment or one (1) year experience as Mechanic, Level A, with the City of Fridley. One (1) year of techrlical college course work ( 51 quarter credits ) in auto or diesel mechanics or certification as a Master Automotive Technician by the National Institute for Automotive Service Excellence. 23 12.28 CI7YOF FRIDLEY MEMORANDUM Municipa! Center 6431 University Avenue Northeast Fr;diey, Minnesota 55432 (612) 57?_-3507 FAX: (612) 571-12g7 William C_ Hunt /�ssist.�nt to tl�e City Manager Memo to: William W Burns, City Manager h�� l' From: �lliam C, gunt, A�sistant to t�e City Manager fj � �` �� Subject: Proposed 1997 Agreement Between the City of Fridley and the Fridley Communications Workshop (ETC) Date: January 2, 1997 The City Council has authorized $41,400 of the Cable Television franchise fee to be given to the Public Access Workshop for the year 1997. $40,200 was appropriated in 1996. The attached proposed agreement executed by the Fridley ETC Communications Workshop incorporates this amount. Other than the dollar amount and dates, the proposed agreement is worded the same as the 1996 agreement. As in the past, the City would pay four equal payments of $10,350 to ETC from the quarterly franchise fee payments received for the budget year 1997. I reques� that you present this to the City Counc:il. for consideration at their meeting of January 6, 1997. WCH/jb � 3.01 This agreement made and entered into this ___ day of _ 1997, by and between the City of Fridley, a Minnesota municipal corporation, in the county of Anoka, Sate of Minnesota, hereinafrer referred to as 'the City" and ETC Fridley ComTnunications Workshop, Incorporated, a non-profit corporation in the County of Anoka, State of Minnesota, witnesseth: For and in consideration of the promises, covenants, terms and provisions herein contained, the parties hereto mutually agree as follaws: 1. Period of Agreement. This agreement for a 12 month period, shail be effective January l, 1997 through December 31, 1997, unless otherwise terminated by either party with 90 days written notice. Upon termination of the agreement, all uncommitted amount shall be determined and agreed upon by the City 1�lanager and ETC Fridley C�mmunications Workshop, Inc.. 2. Responsibilities of ETC Fridley Communications Workshop, Inc.. ETC agrees to provide, on behalf of the City, services to Fridley residents as follows: a. "I'o educate members of the public to the potential uses of video communications in the c�mmunity. b. To provide training and technical assistance that will promote citizen use of available cablecasting facilities as a non-cornmercia] means of communications. c. To serve as a resource center for information, materials and equipment relating to the use of video as a communication medium. d. To serve as a receiving, holding and disbursing entity for monies intended to promote non-commercial citizens use of the channel. e. To provide at the request of the City, assistance to City staff in the programming of its government access channel, at no additional cost. 3. ETC Fridley Communications Workshap, Inc. further agrees to keep and maintain a qualified staff of personnel, both paid and volunteer, necessary to perform the services herein set forth. 4. For the period of this agreement the City wili grant to ETC Fridley Communications Workshop, Inc. the amount of �41,400 from the cabie franchise fee from the current cable company to the City. Quarterly amount shall be payable upon receipt by the City of the quarterly franchise fee payment from the cable company. 5. ETC Fridley Communications Workshop, Inc. shall keep accurate and complete records of financial transactioris and shall pro��de to the city, on a quarterly basis April 1, 1997; July l, 1997; October 1, 1997; and February 1, 1998, a complete written tinancial report of its operations during the period of this agreement. Said records sha(1 include an accounting system maintained in a generally accepted manner, including, if applicable, th� fiiing af proper tvc returns to the Federal and State Governrnents, such as payroll ta�c returns of corporate income ta�c returns. Said records shall be available for inspection by the City Manager, members of the Council, and Cable Commission Mernbers during regular business hours. 6. E`I'C shail provi�e to ihe Citv a written report of irs operational activities, including whate��er� ciata will assist the City in evaluatin� the ef�ectiven�ss af ETC in the provision of the services 13.02 herein set forth. Said report wiil be provided to the City within sixty days after the completion of this agreement. ETC wili provide interim reports of its operational activities April l, 3uly 1, October l, and February 1. 7. ETC sha11 indemnify, save and hold harmiess the City and ali of its oH'icers, agents and employees from any and all claims for losses, injuries, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of ETC, its agents, oflicers, employees, members, guests,-patrons, or any person or persons associated with ETC or any purpose. 8. Insurance. ETC Fridiey Communications Workshop, Inc. will provide proof of liability insurance, naming the City as an additional insured in an amount and farm as approved by the City Manager. 9. ETC shall provide the City documentation that has obtained non-profit t�-exempt statues from the Federal Internal Revenue Service and the State of Minnesota Department of Revenue. 10. It is understood and agreed .that no alteration or variation of the terms of this agreement shall be valid unless made in v��riting and signed by the parties hereto. 1 L In the event of a breach by ETC of the terms or conditions of the Agreement, the City shall have, in addition to any other legal recourse, the right to tern�inate this Agreement. In witness whereof, the parties have caused the Agreement to be executed by their proper officers, thereunto duly authorized. William W. Burns, City Manager Nancy 7orgenson, Mayor �� / ��C � .�i �1.`� i�� •.�: �- • � ETC Treasurer 13.03 � � LIC�NSES CITY OF FRIDLEY ELECTRICAL Black & Veatch Construction Inc 1750 Yankee Doodle Rd Eagan MN 55121 Rick Foster GENERAL CONTRACTOR-COMMERCIAL Black & Veatch Construction Inc 1750 Yankee Doodle Rd Eagan MN 55121 Rick Foster CBS Construction Services Inc 7062 Brooklyn Blvd Brooklyn Center MN 55429 Rob Borchardt Crowe Michael J Inc 30 N First St #302 Minneapolis MN 55401 Michael Crowe Design 1 of Edina LTD 9973 Valley View Rd Eden Prairie MN 55344-3526 Robert David Stiglich Construction Inc 1260 Helmo Ave Oakdale MN 55128 Robert Sriglich Wills Greg Exteriors (SIDING ONLY) 4246 Royce St NE Columbia Heights MN 55421 Greg Wills GENERAL CONTRACTOR-RESIDENTIAL Blomquist Construction (2739) 1220 Elm St North Branch MN 55056 Marvin Blomquist Steinbach Construction (2636) 2347 Gaston Ave White Bear Lake MN 55110 Ralph Steinbach 16.02 STATE OF MINN RON JULKOWSKI Chief Bldg Ofcl Same Same Same Same Same STATE OF MINN Same � Stenco Construction (6163) 2955 Co Rd H New Brighton MN 55112 Window Lite Co(20039258) 523 Central Ave N Osseo MN 55369 PLUMBING Doody Mechanical Inc 520 Front Ave St Paul MN 55117 Garin, Robert Plumbing 2770 174 Ln Andover MN 55304 SIGN ERECTOR Electric Sign & Lighting Inc 11328 Zane Ave N Champlin MN 55316-3462 Jerome Stenhoff LeRoy Le�ander Ron Wagner Rob Garin Chris Humphrey 16.03 Same Same STATE OF MINN Same RON JULKOWSKI Chief Bldg Ofcl � � �ITYOF FR! DLEY St.# 7091-7093 7373-7375 360-362 5846 1200 1601 431 1250 1601 1601 1601 5200 5201 5230 5231 5260 5261 5290 5291 215 305 5100-5108 5101-5109 7313-7315 1619 1441-1443 5980 6807 5370 5069-5071 1260-1262 41 5900 1280-1282 1240-1242 1250-1252 1601 1601 5924 5901 4965 4985 5005 FOR CONCURRENCE BY THE CITY COUNCIL Street Name Hickory Drive NE University Ave. NE 74th Ave. NE 2 1/2 St. N E 72nd Ave. NE N. Inns. Dr.(141) Miss. PI.NE 72nd Ave. NE N. Inns. Dr. (308) N. Inns. Dr. (353) N. inns. Dr. (363} 3rd St. N.E. 3rd St. N.E. 3rd St. N.E. 3rd St. N.E. 3rd St. N.E. 3rd St. N.E. 3rd St. N.E. 3rd St. N.E. 53rd Ave. NE 53rd Ave. NE Horizon Drive NE Horizon Drive NE University Ave. NE 73rd Ave. NE Rice Creek Rd. NE 2 1/2 St. NE Hickory St. NE 5th St. NE 3rd St. N.E. Norton Ave. NE Osborne Way NE 2 1/2 St. NE Norton Ave. NE Norton Ave. NE Norton Ave. NE iV. Inns. Dr. (178) N. Inns. Dr. (374) 2 1/2 St. NE 21/2 St. NE 3rd St.N.E. 3rd St.N.E. 3rd St.N.E. January 6, 1997 Owner L. Name Nichols Property Mgmt. Mgmt. Roesler Edward Sewall Zile Enterprises Lindberg Lindberg Lindberg Bigos Prop. Bigos Prop. Bigos Prop. Bigos Prop. Bigos Prop. Bigos Prop. Bigos Prop. Bigos Prop. Bigos Prop. �igos Prop. Bigos Prop. Bigos Prop. Zwirtz Management Thanke Knott Johnson Bergstrom Hoskins Anderson Klostreich Neis Nelson Elias Elias Gosselin Gosselin Cermak Cermak Properties Properties Properties 16.04 Paae 1 Owner F.Name A.P. Able Able Property Alvin Anderson Angeline B.A. Bailey Bennett Bennett Bennett Bigos Bigos Bigos Bigos Bigos Bigos Bigos Bigos Bigos Bigos Bigos Bigos Bruce B. Building Carey Dale Danny Darrell Dean E. Dennis Don Donald Donald Donovan Donovan Emmett Emmett Eric Eric Excelsior Excelsior Excelsior LICENSES �ic.Fees $75.00 $50.00 $50.00 $110.00 $290.00 $25.00 $25.00 $225.00 $25.00 $25.00 $25.00 $135.00 $135.00 $135.00 $135.00 $135.00 $135.00 $135.00 $135.00 $100.00 $115.00 $105.00 $105.00 $25.00 $200.00 $25.00 $50.00 $25.00 $75.00 $50.00 $50.00 $25.00 $115.00 $50.00 $50.00 $50.00 $25.00 $25.00 $115.00 $100.00 $135.00 $135.00 $135.00 Units 3 2 2 6 42 1 1 29 1 1 1 11 11 11 11 11 11 11 11 4 7 5 5 1 24 1 2 1 3 2 2 1 7 2 Z 2 1 1 7 4 11 11 11 � 0 � 5025 5640 5660 5680 5740 5760 5780 5800 5820 5840 5860 5850-5852 114-116 1590-1594 1581-1583 1591-1593 1441 1301-1303 1270-1276 1333-1335 5955 1284-1296 7851-7855 5401 5605-5608 5439 5462 1601 1601 1601 1601 1285-1287 7398 541 6160-6164 5820 5801 5936-5938 5950 6110-6114 6100-6102 5365-5367 5900 788-7891 FOR CONCURRENCE BY THE CITY COUNCIL 3rd St.N.E. East Rive� Rd. East River Rd. East River Rd. East River Rd. East Rive� Rd. East River Rd. East River Rd. East River Rd. East River Rd. East River Rd. 4th St. NE 62nd Way NE 73 1/2 Ave. NE 73rd Ave. NE 73rd Ave. NE 73rd Ave. NE Fireside Dr. NE 72nd Ave. NE 73rd Ave. NE 3rd St. N.E. Norton Ave. NE Firwood Way NE 4th St. NE 6th St. NE E. Brenner Pass NE Meister Rd. NE N. Inns. Dr.(164) N. Inns. Dr.(215) N. Inns. Dr.(278) N. Inns. Dr.(332) Norton Ave. NE Symphony 53 1/2 Ave. NE Star Ln. NE 2 1/2 St. NE 2nd St. NE 2nd Sf. NE East River Rd. Star Ln. NE Star Ln.NE 5th St. NE 3rd St. N.E. Firwood Way NE January 6, 1997 Properties Properties Properties Properties Properties Properties Properties Properties Properties Properties Properties Muske Knutson Muske Muske Muske Reshetar Muske Knoll Johnson P�operties Jaweed Michael Weatherly Pearson Lawrence Lawrence Lawrence Lawrence Lawrence Lawrence Isle� Osterkamp Haugstad Harris McNurlin Finkelstein McNurlin Hopfenspirger Dold Dold Sellards Dalton Zielinski 16.05 Pa�a � Excelsior Filister Filister Filister Filister Filister , Filister Filister Filister Filister Filister Gary Gary Gary Gary Gary Gary Gary George VV. Gordon Hogenson Hyder J.A. James James James James James James James James James James Jeffrey Jeffrey Jerry Jerry Jerry Jerry Jerry Jerry Jesse John John R. LICENSES $135.00 $290.00 $290.00 $290.00 $290.00 $290.00 $290.00 $290.00 $290.00 $290.00 $290.00 $50.00 $50.00 $50.00 $50.00 $50.00 $170.00 $50.00 $100.00 $25.00 $100.00 $115.00 $25.00 $100.00 $50.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $75.00 $25.00 $140.00 $25.00 $50.00 $50.00 $100.00 $50.00 11 42 42 42 42 42 42 42 42 42 42 2 2 2 2 2 18 2 4 2 4 7 1 4 2 1 1 1 1 1 1 1 1 1 1 1 3 1 12 1 2 2 4 1 i 1361 1601 1241-1243 1601 5908-5910 5870-5872 6303-6305 6311-6329 6337-6339 6347-6365 6401-6403 6409-6427 6431-6433 6437-6455 6459-6461 6465-6483 6487-6489 460 5960-59$0 251 5848 5866 6551 5851 157 5701 995 7389 5035 140-142 5600-5606 101 179 180 5410 1601 1601 110 5780-5790 216 5908 5916 6008 137 FOR CONCURRENCE BY THE CZTY COUNCIL Meadowmoor Dr.NE N. Inns. Dr.(112) Norton Ave. NE N. Inns. Dr.(311) 4th St. NE 4th St. NE 5th St. NE 5th St. NE 5th St. NE 5th St. NE 5th St. NE Sth St. NE 5th St. NE 5th St. NE 5th St. NE 5th St. NE 5th St. NE Miss. St.NE Anna Ave. NE 57th PI. NE 2n St. NE 2nd St. NE East River Rd. 2nd St. NE Miss. St.NE Central Ave. NE Lynde Dr. NE Van Buren St. NE 3rd St. N.E. Charles St. NE 4th St. NE Charles St. NE Charles St. NE Cha�les St.NE 5th St. NE N. Inns. Dr.(253) N. Inns. Dr.(304) 61st Ave. NE 2 1/2 St..NE 57th PI. NE 2 1/2 St. NE 2 1!2 St. NE 2nd St. NE Miss. PI. NE January 6, 1997 Teague Bidwell Maahs Stagg Ohnstad Chen Group Group Group Group Group Group Group Group Group Group Group Group Jones Efte�eld Velander Velander Westenfield MacFarlane Nielsen Services Services Kolodjski Carlson Maleki Qureshi Schwartz Schwartz Schwartz Schuldt Maehle Maehle Properties Siesar Laduke Reinhart Reinhart Reinhart Reinhart 16.06 PAftA � Joseph Joseph Keith Ken Kenneth Kwei-Tsang , LaSalle laSalle LaSalie LaSalle LaSaile LaSalle LaSalie LaSalle laSaile LaSalle �aSaile LaSaile Linda Lowell Mark Mark D. Marliss Maurice Maynard Mgmt. Mgmt. Mike Milton Mostafa Naeem Nathan Nathan Nathan Neil Olav Olav Otty Paul Paul Paula Paula Paula Paula LICENSES $25.00 $25.00 $25.00 $25.00 $25.00 $50.00 $50.00 $160.00 $50.00 $160.00 $50.00 $160.00 $50.00 $160.00 $50.00 $160.00 $50.00 $595.00 $245.00 $115.00 $120.00 $120.00 $135.00 $135.00 $100.00 $240.00 $240.00 $25.00 $115.00 $50.00 $100.00 $140.00 $140.00 $140.00 $100.00 $25.00 $25.00 $120.00 $50.00 $25.00 $115.00 $115.00 $100.00 $100.00 1 1 1 1 1 2 2 16 2 16 2 16 2 16 2 17 2 103 33 7 8 8 11 11 4 32 32 1 7 2 4 12 12 12 4 1 1 8 2 1 7 7 4 4 �. � 1565-1577 1566-1576 1578-1588 1578-1589 1590-1596 1591-1597 1600-1610 1601-1611 1612-1618 1613-1619 1620-1630 1621-1631 1632-1638 1633-1639 1640-1650 1641-1651 1652-1658 1653-1659 1661-1671 1672-1682 1673-1683 1660-1670 1560-1570 1590-1596 1600-1606 1630-1640 1650-1658 6061-6065 5320 6341 6315-6317 6325-6327 5335-5337 117 6335 7385-7387 217 6542 1601 1601 1601 5830-5832 1601 1601 FOR CONCURRENCE BY THE CITY COUNCIL 68fh Ave_ NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave. NE 68th Ave.NE 69th Ave. NE 69th Ave. NE 69th Ave. NE 69th Ave. NE 69th Ave. NE 3rd St. N.E. 4th St. NE Hwy 65 NE+C18 Pierce St. NE Pierce St. NE 6th St. NE Miss. PI.NE Pierce St. NE University Ave. NE 57th PI. NE Central Ave. NE N. Inns. Dr.(237) N. Inns. Dr.(282) N. Inns. Dr.(355) 4th St. NE N Inns. Dr. (153) N Inns. Dr. (356) January 6, 1997 Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Townhouses Anderson Perkovich Dempsey Shea Shea Huber Andres Shimanski Dove Russell Femrite Gorman Gorman Gorman Whitcomb Krueger Krueger 1 s.�% o�.,o e Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Rice Creek Richard Richard Richard Richard Richard Robert Robert Robert Robert E. Robert M. Roger Roger A. Roger A. Roger A. Roland Roland Roland LZCENSES $110.00 $110.00 $110.00 $110.00 $100.00 $100.00 $110.00 $110.00 $100.00 $100.00 $110.00 $110.00 $100.00 $100.00 $110.00 $110.00 $100.00 $100.00 $110.00 $110.00 $110.00 $110.00 $110.00 $100.00 $100.00 $110.00 $105.00 $75.00 $100.00 $130.00 $50.00 $25.00 $25.00 $100.00 $50.00 $50.00 $25.00 $100.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 6 6 6 6 4 4 6 6 4 4 6 6 4 4 6 6 4 4 6 6 6 6 6 4 4 6 5 3 4 10 2 1 2 4 2 2 2 4 1 1 1 1 1 1 5181-5183 4913 7170-7176 1601 1200 1230 1260 1290 610 630,650 670,690 5900-5902 1230-1236 6551 6571 1601 7323-7325 6588-6592 6711 1230-1232 5980 5770 5330-5334 �361-5363 5371-7373 5381-5383 5400 6242-6244 5644 5791 359 349-353 8081 FOR CONCURRENCE BY THE CITY COUNCIL 3rd St. N.E. 3rd St. NE Central Ave. NE N. Inns. Dr.(254) Cheri Ln. NE Cheri Ln. NE Cheri Ln. NE Cheri Ln. NE Osborne Rd. NE Osborne Rd. NE Osborne Rd. NE 4th St. NE 72nd Ave. NE Channel Rd. NE Channel Rd. NE N. Inns. Dr.(231} University Ave. NE Central Ave. NE Main St. NE Norton Ave. NE 2nd St. NE 2nd St. NE 4th St. NE 6th St. NE 6th St. NE 6th St. NE 5th St. NE Sth St. NE 4th St. NE 2 1/2 St. NE 57th PI. NE 57th PI. NE Broad Ave. NE January 6, 1997 Nolby Elmquist Burg Erickson Hazelton Hazelton Hazelton Hazelton Hazelton Flazelton Hazelton Erickson Beck Mgmt. Mgm#. Antolak Petschel Marquardt Lodges Dreyer Bury Wolff Zandlo Gliadon Gliadon Gliadon Ellestad Brod Hoium Rocek Toivonen Fogerty Wellner 16.08 Pana �i Ronald Ronald Ronald Ronald Rox Ann Rox Ann Rox Ann Rox Ann Rox Ann Rox Ann Rox Ann Roy Russell S&R S&R Steven Steven Tammy Tasks Unlimited Terrance Thomas Thomas Thomas Thomas Thomas Thomas 7odd T. Trent Vernon Violet William William E. Gary LICENSES $50.00 $115.00 $100.00 $25.00 $170.00 $170.00 $170.00 $170.00 $125.00 $250.00 $250.00 $50.00 $75.00 $135.00 $135.00 $25 $25.00 $25.00 $50.00 $50.00 $100.00 $115.00 $25.00 $50.00 $50.00 $50.00 $50.00 $50.00 $115.00 $50.00 $120.00 $50.00 $25.00 2 7 4 1 18 18 18 18 9 34 34 2 3 11 11 1 1 1 2 2 4 7 1 2 2 2 2 2 7 2 8 2 1 0 0 . , � � ESTIMATES � oF JANUARY 6, 1997 FRIDLEY Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of October, 1996 . . . . . . . . . . . . . . $ 14,010.89 Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of December, 1996 : . . . . . . . . . . . . . . . . . . . . . . $ 4,460.00 Thomas & Sons Construction, Inc. 13925 Northdale Boulevard Rogers, MN 55374 1996 Street Improvement Project No. ST. 1996 - 1& 2 Estimate No. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,476.62 Richmar Construction, Inc. 7776 Alden Way Fridley, MN 55432 Water Treatment Plant No. 3 Project No. 293 Estimate No. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $323,254.44 17.01 � �� Memo to: William W. Burns, City Manager �� From: William A. Champa, City Charter Staff Liaison Subject: Amendment to Section 12.07 of the Fridley City Charter Date: January 2, 1997 At the November 1996 meeting of the Fridley Home Rule Charter Commission, the attached amendment to Section 12.07 of the Fridley City Charter was approved. This amendment is now recommended to the City Council for enactment by ordinance. At the December 16, 1996 City Council meeting, a public hearing on the amendment to Section 12.0� of the Fridley City Charter was set for January 6, 1997. Accordingly, I request that you place this item on the agenda for consideration by the Fridley City Council at the public hearing to be held on January 6, 1997, This amendment removes the word "ordinance" and replaces it with "resolution" . The Charter Commission felt that this would make the City's vacation process more consistent with that of other municipalities. Also, a resolution, rather than an ordinance, would enable the City more flexibility in complying with the "60 Day Agency Action Law" (Minnesota State Statutes 15.99) which requires all cities to respond within 60 days to written requests that deal with zoning issues including vacations of streets and alleys. If a city does not respond within 60 days, the request is automatically granted. Please be aware that the Charter Commission approved this amendment and agreed to expedite the amendment process but would like approval by the Charter Commission Attorney. We have a verbal approval and should have written confirmation by the time of the public hearing. Attachments c: Charter Commission Members 18.� � ORDINANCE N0. AN ORDINANCE AMENDING SECTION 12.07 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 12 MISCELLANEOUS PROVISIONS Section 12.07. VACATION OF STREETS. The Council shall have the exclusive power, by °��z resolution passed by a vote of at least four (4) members of the Council, to vacate or discontinue highways, streets, easements, and alleys within the City. Such vacations may be made only after notice and hearing of affected property owners, and upon such further terms and by such procedure as the Council may by ordinance prescribe. A record of each such vacation shall be filed in the office of the Anoka County Recorder. (Ref. Ord. 592) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR Public Hearing: January 6, 1997 18.02 . 0 CITY OF FRIDLEY PROJECT SUMMARY 3Y KELLER STRUGTURES licant: Keller Siruciures �t�y;nnar�ager Autn�r�zation .�� DESCRIPTION OF REQUEST: Keller Structures, representing Lakeland Properties, Inc., of Wisconsin, requests that a ten foot drainage and utility easement be vacated. If the vacation is approved, the petitioner will construct a 22,945 square foot warehouse. SUMMARY OF ISSUES: The subject property is located near 61 St Way on East River Road adjacent to a small office building currently zoned CR-1. The subject property is vacant and zoned M-1, Light Industrial. The warehouse is proposed to be attached to the existing office facility with an at-grade enclosed corridor. The building would be constructed over the easement ,1.5 feet from the north property line. In order to have consistency of zoning designations on the development parcels, the current office building (known as the Dorados Building) which is zoned CR-1 will need to be rezoned to M-1, Light Industrial (an application is now in process). No utilities are located within the easement to be vacated. The Engineering Department has requested a ten foot drainage and utility easement along the east property line of the office property in exchange for vacation of the subject easement. This ten foot easement will allow continuance of the ten foot drainage and utility easement located along the east property line of the subject parcel (see Exhibit A). RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the vacation request, SAV #96-04, with one stipulation: The petitioner shall grant a ten foot drainage and utility easement along the east property line of the office property (as shown on Exhibit A}. PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission added a second stipulation: 2. The approval of vacation request, SAV #96-04, is valid only if the petitioner purchases the adjacent property (office building). CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council conduct the public hearing. The ordinance will be scheduled for first reding on January 27, 1997. 19.01 Project Summary SAV #96-04, by Keller Structures Page 2 Petition For: Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: PROJECT DETAILS Vacation of a ten foot drainage and utility easement 60xx East River Road N. E. Lot 1, Block 1, Longview 1 St Addition 172,996 square feet 3.97 acres Mostly flat, sloping slightly to the west Grass CR-1, General Office and M-1, Light Industrial 1986 Longview 15t Addition Located in East River Road 615t Avenue Bikeway located along 615t Avenue New easement required The zoning and comprehensive plan are consistent in this location. To be taken. 19.02 � ■ . Project Summary SAV #96-04, by Keller Structures F'age 3 WEST: Zoning: SOUTH: Zoning: EAST: Zoning: NORTH• Zoning: Site Planning Issues: REQUEST: ADJACENT SITES R-1, Single Family M-1, Light Industriai Railroad R-3, Generai Muitipie Family Dweliing Land Use: School Land Use: Industrial Land Use: Railroad tracks Land Use: Vacant Keller Structures, representing Lakeland Properties, Inc. of Wisconsin, requests that a ten foot drainage and utility easement be vacated. If the vacation is approved, the petitioner will construct a 22,945 square foot warehouse. SITE DESCRIPTIONIHISTORY The subject parcel is located in the southeast corner of the intersection of East R'iver Road and 615t Way. The property is currentiy vacant. The owner is currently negotiating with the owner of the office building located directly at the corner of the intersection of 615t Way and East River Road (Dorados). The owner proposes to connect a warehouse structure to the existing office building through the use of an at- grade pedestrian connection. A rezoning of the existing office property must occur from the CR-1 to M-1, Light Industrial. ANALYSIS: A ten foot drainage and utility easement is located along the north property line of the subject parcel. No City utilities are located within the easement. The property slopes slightly from east to west; however, any drainage from the development must be retained on-site which will likely occur along the west and south property lines. There are drainage and utility easements located along the south and east property lines. The Engineering Department has requested a ten foot drainage and utility easement along the easterly property line of the office property in exchange for the vacated easement. This will continue the existing ten foot drainage and utility easement located along the easterly property line of the vacant property. 19.03 Project Summary SAV #96-04, by Keller S#ructures Page 4 STAFF RECOMMENDATION TO THE PLANNING COMMISSION: Staff recommends that the Planning Commission recommend approval of the vacation request, SAV #96-04, with one stipulation: The petitioner shall grant a ten foot drainage and utility easement along the east property line of the office property (as shown on Exhibit A). PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission added a second stipulation: 2. The vacation becomes null and void if the petitioner fails to acquire the Dorados' property. 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CITY OF FRZDLEY PLANNING CONIl�IISSION MEETING, NOVEMBER 20, 1996 � CALL TO ORDER: Chairperson Savage called the November 20, 1996 Pl ing Commission meeting to order at 7:30 p.m. ROLL CAI�L : Members Present: Diane Savage, ve Kondrick, Brad Sielaff, Connie Modi , Larry Kuechle Members Absent: LeRoy quist, Dean Saba, Others Present: �chele McPherson, Planning Assistant Loren Clark, Tri-Star Insulation APPROVAL OF N ER 6, 1996 PLANNING COMMISSION MINUTES: MOTION b r. Kondrick, seconded by Ms. Modig, to approve the Novemb 6, 1996, Planning Commission minutes as written. N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. l. CONSIDERATION OF A VACATION REQUEST, SAV #96-04, BY KELLER STRUCTURES: To vacate the drainage and utility easement that lies within the most northerly 10.00 feet of Lot 1, Block l, Longview lst Addition, according to the plat thereof on file and of record in the Office of the County Recorder, Anoka County, Minnesota, except the most easterly 10.00 feet thereof, generally located south of 61st Way, east of East River Road, and west of the Burlington Northern railroad tracks. Ms. McPherson stated the vacation request is by Keller Structures who is representing Lakeland Properties, Inc. of Wisconsin. Lakeland owns Tri-Star Insulation which is located in Minneapolis. They have purchased property located at the intersection of East River Road and 61st Way in the southwest portion of the City. This property is vacant and is located north of Longview Fiber. They are currently negotiating for a small office building located directly at the corner of 61st Way and East River Road. The company that currently occupies this building is Doradus Corporation. Lakeland Properties hopes to construct a 22,945 square foot warehouse on the vacant property and connect it through an on-grade pedestrian connection to the existing office building. Ms. McPherson stated the vacation request is for a 10-foot drainage and utility easement located adjacent to the north lot line of the vacant parcel. The petitioner is proposing to construct the 19.08 r PI.ANNING COi�1ISSION MEETING NOVEMgER 20, 1996 2 Proposed warehouse 1.5 feet from the north lot line which encroaches into the easement, The Engineering Department has reviewed the request. There are no utilities or drainage needs for this easement. The topography is such that the property slopes slightly from east to west. There are drainage and utility easements located along the south and east lot lines of the subject property. The Engineering Department has requested, in exchange for vacation of the subject easement, that if the petitioner gains control of the office property, a 10-foot easement be granted to the City along the east property line which would continue t:he 10- foot utility easement that exists along the east property line of the vacant parcel. Ms. McPherson stated, as a side issue, the office building property is currently zoned CR-1, General Office. Staff has requested that the petitioner submit a rezoning request for this parcel to M-1, Light Industrial, which is what the vacant parcel is currently zoned. This will allow a continuity of zoning between the two parcels since they are proposed to be physically connected by a walkway. This will eliminate any potential conflict with the Uniform Building Code and eliminate the need for a variance to the setback requirements. Ms. McPherson stated staff recommends approval of the vacation . request, SAV #96=04, with the following stipulation: 1. The petitioner shall grant a ten foot drainage and utility easement along the east property line of the office property (as shown on Exhibit A). Mr. Kondrick asked the current zoning of the office building. Ms. McPherson stated the current zoning is CR-1, General Office. Mr. Kondrick stated staff is suggesting that it would be of benefit to the petitioner to have that zoning changed. However, that is not a part of the request this evening. Ms. McPherson stated this was correct_ That request would come before the Planning Commission once staff received that application from the petitioner. Mr. Clark stated he works for Tri-Star Instilation Company, whicll is currently located in north Minneapolis, and he is representing Mr. Arnold Schmidt, owner of Lakeland Properties. It is to his benefit if the company builds a new building. The company is now located in north Minneapolis and he is not thrilled with the current location. They are excited about making this chanqe. � 9.09 PLANNING COI�IISSION MEETING, NOVEMBER 20, 1996 3 Ms. Savage asked if there were any problems with the stipulation. Mr. Clark stated no. Mr. Schmidt stated,there was not problem with the stipulation. There is a low area behind the Doradus property right now. They would like to_be able to join the current office building with the new warehouse rather than build a separate office. The warehouse will be storage. The company sells pipe insulation to commercial and industrial contractors. The building itself will be primarily for storage of the insulation product. Mr. Kondrick asked if there would be any site preparation necessary for this construction. Ms. McPherson stated the site would require the typical grading necessary to put in the building footings. The site is on good soil so there is no soil correction needed. They would be required to meet the grading and drainage requirements of the zoning code. Mr. Sielaff asked if the rezoning would go up to where the current building is. Ms. McPherson stated yes. The rezoning would affect the portion of the property where the existing office building is located. Mr. Clark stated, if the purchase goes through and they attach the warehouse, they will redo the outside of the office building to match the warehouse. Mr. Sielaff asked what the zoning is on the north side of 61st Way. Ms. McPherson stated the property is zoned R-3, General Multiple Family Dwelling, and is currently vacant. Ms. Modig stated the petitioner is now negotiating for the office building. If they do that, the petitioner would grant the City a 10-foot easement. What happens if they do not acquire the office building? Ms. McPherson stated, in that instance, the City would not be able to acquire that easement because the property would be under separate ownership. Ms. Modig asked if the City would have a drainage easement on that property. Ms. McPherson stated there are easements for the right-of-way along the north portion of the site. Doradus does have a stormwater pond in this area. As far as the site in general, there are easements along the east apd the south sides of the subject parcel which 79.10 PLANNING COI��ISSION MEETING, NOVEI�gR 2Q 1996 4 should handle any utility needs that are required. The Engineering Department felt that, because there is a 10-foot easement that does stop on the north property line of the subject parcel, it would be appropriate to extend that given the opportunity. She believes that Lakeland Properties feels very posi.tive they will be able to acquire that property_ Mr. Kuechle stated, if the petitianer cannot acquire that property, they will not meet the setback requirements. Ms. McPherson stated, if they do not acquire the Doradus property, they would have to go back and re-look at the design of the proposed warehouse in order to include t�e required office space and to meet the setbacks. If Lakeland Properties did not feel positive about their potential to acquire the parcel, they would not have gone this far. Mr. Clark stated there is a lease condit�on with the company . operating the business in that building. The owner has retired and has moved. If Lakeland could buy the property, it would help release them from a lease commitment. It is just a matter of negotiating this with the owner. Lakeland would like to purchase the building and have it all be one part. That would be the best for them. The rezoning is just to be able to attach the existing building to the warehouse. They currently have a separate office and warehouse which makes it more difficult to operate a business. Mr. Kuechle asked if the Commission could add a stipulation that this recommendation is valid only if the property is acquired. Ms. McPherson stated the Commission could do that_ MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to recommend approval of Vacation Request, SAV #96-04, by Keller Structures,.to vacate the drainage and utility easement that lies within the most northerly 10.00 feet of Lot l, Block l, Longview lst Addition, according to the plat thereof on file and of record in the Office of the County Recorder, Anoka County, Minnesota, except the most easterly 10.00 feet thereof, generally located south of 61st Way, east of East River Road, and west of the Burlington Northern railroad tracks, with the following stipulations: l. The petitioner shall grant a ten foot drainage and utility easement along the east property line of the office property {as shown on Exhibit A)_ 2. The approval of vacation request, SAV #96-04, is valid orily if the petitioner purchases the adjacent property. 19.11 PLANNING COMMISSION I�ETING, NdVEMBER 20, 1996 5 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECI.AFtED THE MOTION CARRIED UNANIMOiJSLY. Ms. McPherson stated the City Council will on December 16 establish the date for the public hearing which will be January 6, 1997. 2. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF OCTOBER 7, 1996: MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the minutes of the Parks an.d Recreation Commission meeting of�'� October 7, 1996. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: / Ms. McPherson stated the Planning CommissiQn will not meet on December 4, but will meet on December 18.' f. ADJOURNMENT MOTION by Mr. Kondrick, seconde 'by Mr. Sielaff, to adjourn the meeting. L7PON A VOICE VOTE, ALL V ING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION GARRIED AND OVEMBER 20, 1996, PLANNiNG CONQ�SISSION MEETING ADJOURNED A 7:47 P.M. Respectfully s mitted, �` 1 ��— �,. ' I �. i' �'�� , �, � � ' �� Lav n Cooper ; cording Secretary 19.12 CITY OF FRIDLEY 1997 CITY COUNCIL AND STAFF APPOINTMENTS 1996 REPRESENTATIVE• Mayor Pro Tem• Councilmember-at-Large Nancy J. Jorgenson Anoka County Law Enforcement Council (1 Representative and 1 Alternate)• Counciimember Schneider, Representative Counciimember Jorgenson, Alternate Association of Metropolitan Municipalities• Councilmember Jorgenson, Delegate Councilmember Bolkcom, Alternate School District Nos. 13 and 14• Councilmember Bolkcom, Representative Councilmember Billings, Alternate School District No.16• Councilmember Billings, Representative Councilmember Schneider, Alternate Leaaue of Minnesota Cities• Councilmember Billings, Representative Councilmembe� Jorgenson, Alternate North Metro Convention & Visitors Bureau: William Hunt, Asst. to the City Manager 2�.� 1 1997 APPOINTEE: 12-31-97 12-31-97 12-31-97 12-31-97 12-31-97 12-31-97 12-31-97 12-31-97 12-31-97 12-31-97 12-31-97 12-31-97