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09/13/2004 - 4585.- OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING SEPTEMBER 13, 2004 �� a � ClTY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 7:30 p.m. - City Council Chambers Attendance Sheet Please �rint name address and item number Xou are interested in. Print Name (Clearly) Address Item No. '.r��v � .� ��(a r� � J� . g n � , �� c � � � �P�•�✓ - . � - - � . ., . � , �� Y ` � _ ��t. � .� � � ��`��{r�� C�,i� - L .� `�, � ��r , � ��.a.i-1 'rf��. i � .�:,` �-��- N � �p � �C��ti �� "`,'�'..' ,.� 1_��-. w,��• , �- z `� ��'��— ��,� /= � /% e5�1 U ��'� S'� . � ��f'�%�L�,% hre�'t L��'�� C''.�y+,�a� ��-�,,� ��c�'. �:Ea :��j'�=' ,�9�,� n�� _ ��, Mr.,� �,.� , ��.:,�,�4� ��. � ��-, Fk,�� :,t, 5�,�� IISw � ��,�r� �'-�- � � � i� ti�� ,, �1 w ��r r- �� 1; � � � - - c� _ ..�.� �� . ,� '<:� �� °� �<::� C'r��:� � .� /�. it,o-��>,n. ti'x � i` C rrr� � i` '� F1'i,�� lit�1 r" , C� .�� a� �.�.fz�.- ,�- �., � � � . %�'-' � �� ii ��'': �� F��J� G � � l %1`� �" ' '� �s �.'l4'" �Ji ) �� (f . �� ,�', � /" �- � �: G� - �� " -1y ��-1�'1�. �� S �;c�,�- '� � A�� S �� .�.,�;� �� 1�-� � 5 . i� � � �� ` CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 CRY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to a11ow 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) r PLEDGE OF ALLEGIANCE. PROCLAMATIONS: % Student Foreign Exchange Week: September 13-19, 2004 vi, Roberta Masala from Italy Aude Pouhaer from France Joergen Steffensen from Norway �. � Constitution Week: September 17-23, 2004 ✓ ,�' ,� �' Domestic Violence Awareness Month: October, 2004 APPROVAL OF PROPOSED CONSENT AGENDA: �` APPROVAL OF MINUTES: y City Council Meeting of August 9, 2004 (Tabled August 23, 2004) City Council Meeting of August 23, 2004 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13 2004 PAGE 2 OLD BUSINESS: 1. Second Reading of an Ordinance Amending the Fridley Municipal Code by Allowing Certain Holders of Liquor Licenses to Sell Intoxicating Liquor Until 2:00 A.M. ....................................................................................................... 1 - 5 NEW BUSINESS: 2. Resolution to Vacate an Existing Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2"a Addition, Generally Located at 1419 West Danube Road(1Nard 2) ................................................................................................... 6 - 7 3. Resolution Approving a Subdivision, Plat, PS #03-05, Generally Located at 1419 West DanubeRoad (Ward 2) ...................................................................................... 8- 9 4. Resolution of the City of Fridley, Minnesota, Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2) 10 - 11 ............................................................................. 5. Resolution Consenting to the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, Adopting a 2004 Tax Levy Collectible in 2005 ..................................................................................... 12 - 14 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 6. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Street Improvement Project No. ST. 2004 —1 .............................................. 15 -16 7. Resolution Declaring Cost to be Assessed and � Ordering Preparation of Proposed Assessment for Alley Paving Project No. ST. 2003 — 3 .......................................................... 17 - 18 8. Resolution Directing Preparation of the Assessment Roll for the 2004 Nuisance Abatement .............................................................. 19 — 20 9. Resolution Directing Publication of the Public Hearing Notice on the Proposed Assessments for Street Improvement Project No. ST. 2004-1; Alley Paving Project No. 2003-3; and Nuisance Abatement Project2004-1 .................................................................................................... 21 - 22 10. Resolution Authorizing Signing an Employment Agreement between Certain Employees � Represented by Local No. 1986 ................................................ 23 - 44 ......................... 0 11. Resolution Designating Time and Number of Council Meetings for 2005 ................................................................................. 45 - 47 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13 2004 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUED): 12. Claims ....................................................................................................... 48 13. Licenses ....................................................................................................... 49 - 52 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes NEW BUSINESS: 14. Informal Status Reports ..................................................................................... 53 � ADJOURN. • � u � � � �� Student Foreign Exchange Weelt September 13 - �q, �004 . , WHEREAS, our community's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a p�ogram which brings students from around the world to our community; and, WHEREAS, this interchange of culture and philosophy cont�ibutes to the education and maturation of our youth in many and va�ied ways; and, WHEREAS, it is the desire of the City of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, heYeby proclaim September 13 through September 19, 2004, as Student Foreign Exchange Week, INHONOR OFROBERTA MASALA FROMITALY BE IT FURTHER RESOLVED, that Roberta Masala be made an honorary citizen of the City of Fridley, Minnesota, during her stay. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affixed this 13`h day of September, 2004. Scott J. Lund, Mayor 0 :, � � � � ��i � � �� Student Foreign Exchange Week September 13 - Iq, �004 . , WHEREAS, our community's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a p�ogram which brings students from around the world to our community; and, WHEREAS, this interchange of cultu�e and philosophy contributes to the education and maturation of our youth in many and varied ways; and, WHEREAS, it is the desiYe of the City of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim September 13 th�ough September 19, 2004, as Student Foreign Exchange Week, IN HONOR OF AUDE POUHAER FROM FRANCE BE IT FURTHER RESOLVED, that Aude Pouhaer be made an honorary citizen of the City of Fridley, Minnesota, during her stay. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affixed this 13th day of September, 2004. Scott J. Lund, Mayor 0 � � � / Student Foreig�� Exchange Week September �3 - iq, �004 �c�s WHEREAS, our community's greates�t asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a program which brings students fi�om around the world to our community; and, WHEREAS, this interchange of cult�;cre and philosophy contributes to the education and maturation of our youtiZ in many and varied ways; and, WHEREAS, it is the desire of the C�'ty of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOI;VED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim September 13 through September 19, 2004, as Student Foreign Exchange I�'eek, IN HONOR OF JOERGEN ST��FFENSEN FROM NORWAY BE IT FURTHER RESOLVED, that .Ioergen Steffensen be made an honorary citizen of the City of Fridley, Minnesota, during his stay. I1�� WITNESS WHEREOF, I have hereunto set my hand and caused the se�zl of the City of Fridley to be affixed th��s 13`h day of September, 2004. Sc:ott J. Lund, Mayor � 0 � I� � � � � � / CONSTITUTION WEEK September �7 - �3, �004 �.. WHEREAS, ou� Founding Fathers, in order to secu�e the blessings of liberty for themselves and their posterity, did ordain and establish a constitution for the United States; and WHEREAS, it is important that all citizens fully understand the provisions and principles contained in the Constitution in order to effectively support, preserve and defend it against all enemies; and WHEREAS, September 17, 2004, marks the two hundred seventeenth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition of this magnificent document and its memorable anniversary; and WHEREAS, the independence guaranteed to American citizens, whether by birth or naturalization, should be celebrated during Constitution Week, September 17 through 23, 2004, as designated by proclamation of the President of the United States ofAmerica in accordance with Public Law 91 S; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the week of September 17 through 23, 2004, as: CONSTITUTION WEEK in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have he�eunto set my hand and caused the seal of the City of Fridley to be affixed this 13`h day of September, 2004. SCOTT J. L UND, MA YOR � � � � _� � DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER, �004 ,. WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County, and perpetrators of said crime are subject to prosecution and conviction in accordance with the law; and WHEREAS, over S0, 000 victims of violence have and wall continue to access assistance from Alexandra House, a domestic violence service proUider for women and families; and WHEREAS, domestic violence will be eliminated through community partnerships of concemed individuals and organizations working together to prevent abuse while at the same time promoting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Month; and WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences, and what we, as a concerned community, can do to eliminate its existence. NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the month of October, 2004, as: DOMESTIC VIOLENCE AWARENESS MONTH In the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affrxed this 13tn day of September, 2004. Scott J. Lund, Macyor MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2004 CITY OF FRIDLEY CITY COUNCIL MEETING AUGUST 9, 2004 The regular meeting of Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember-at-Large Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Richard Pribyl, Finance Director Jon Haukaas, Public Works Director Julie Jones, Environmental Planner Bob Musil, Minneapolis Metro North Convention and Visitors Bureau Don Anderson, Resident Lenny Brandt, Resident Bill Holm, Resident MINNEAPOLIS METRO NORTH CONVENTION AND VISITORS BUREAU: Mayor Lund introduced Bob Musil, the new Executive Director of the Minneapolis Metro North Convention and Visitors Bureau. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 26, 2004. APPROVED 1. Receive the Minutes from the Plarening Commission Meeting of July 21, 2004. APPROVED FRIDLEY CITY COUNCIL MEETING, AUGUST 9. 2004 Paqe 2 of 17 2. Variance Request, VAR #04-11 by Park Construction to Allow a Portion of the Parking Lot to Remain Gravel for the Purpose of Storing Tracked Vehicles, Generally Located at 30-84St Avenue N.E. (Ward 3). Dr. Burns, City Manager, explained that Park Construction would like to store their tracked vehicles on gravel. The Appeals Commission approved this variance at their July 14 meeting subject to eight stipulations. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution to Vacate Unimproved Portions of Ely Street and the Alley Way between Ely Street and Liberty Street, Generally Located at 30 - 81st Avenue N.E. (Vacation Request, SAV #04-01, by Park Construction) (Ward 3). Dr. Burns, City Manager, stated the Planning Commission approved this request at their July 21, 2004, meeting subject to ten stipulations. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Preliminary Plat Request, PS #04-04, by Park Construction to Replat Multiple Parcels to Create One Lot to Allow the Petitioner to Develop the Property Generally Located at 30 - 815t Avenue N.E. (Ward 3j. Dr. Burns, City Manager, stated the Planning Commission approved this request at their July 21, 2004, meeting subject to ten stipulations. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Approve Professional Services Agreement and Proposal for Engineering Services between the City of Fridley and WSB & Associates, Inc. for the Springbrook Watershed Implementation Project. Dr. Burns, City Manager, stated this agreement authorizes the preparation of topography data and design alternatives associated with the stream bank stabilization . portion of the project. The work will be completed in finro phases. In Phase 1, WSB will prepare the contour mapping and the analysis of various alternatives for restoration of flow patterns and stream banks at the Springbrook Nature Center. In Phase 2, WSB y will complete the wetland delineation, prepare permit applications and complete the final design. Phase 1 will cost $8,000 and Phase 2, if necessary, will cost $16,300. It may be determined that Phase 2 is not necessary, but staff is asking Council to give them the authority to complete both phases if necessary. This project is totally grant funded FRIDLEY CITY COUNCIL MEETING, AUGUST 9, 2004 Page 3 of 17 and is a multi-city project under the direction of the Springbrook Watershed Project Advisory Committee. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. Receive Bids and Award Project for the Marian Hills Reservoir Project No. 356. Dr. Burns, City Manager, stated the low bidder for this project was Natgun Corporation of Wakefield, Massachusetts, with a base bid amount of $1,018,000. The estimate for this project was $550,000 more than identified in the 2002 Water Systems Study. The Public Works Director said the disparity is attributable to sky-rocketing costs for steel and concrete. Also, the original estimate did not take into account the very tight timeframe for completion of the project. Staff recommends approval of the base bid together with Alternate No. 4(soil correction at $34.50 per cubic yard) and Alternate No. 5($9,060 for City logo sign). THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. Approve Change Order No. 1 to the Marion Hills Reservoir Project No. 356. Dr. Burns, City Man�ger, stated the change order is for $37,500 for overtime needed to accelerate the construction schedule. The alternative to this would be to pay $90,000 for heating of concrete mix should an early winter set in. Staff recommends Council's approval. THIS ITM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 8. Approve Request to Restrict Parking on the East Side of Stinson Boulevard from 68th Avenue to 69th Avenue; and Approve Request for Additional Parking Restrictions on Lynde Drive between Polk Street and Fillmore Street. Dr. Burns, City Manager, said the City Fire Marshall recommends establishing a no parking lane on the east side of Stinson Boulevard to prohibit parking 24 hours a day. Also, in response to a petition from residents on Lynde Drive, staff recommends parking restrictions on Lynde Drive befinreen 12:00 a.m. and 9:00 a.m. for the portions of Lynde Drive between Polk Street and Fillmore Street. APPROVED. 9. Resolution Designating Polling Places and Appointing Election Judges for the 2004 Primary and General Elections. FRIDLEY CITY COUNCIL MEETING, AUGUST 9, 2004 Page 4 of 17 Dr. Burns, City Manager, presented a resolution appointing election judges for the 2004 election. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 10. Appointments — City Employees: Dr. Burns, City Manager, stated staff recommends the appointment of Brian Wierke to replace Captain Lynne Tellers Banks. Brian joined the Fridley Police Department in 1995. Since then, he has served as a patrol officer, a DARE instructor, a school resources officer, a detective, a member of the departmenYs Problem Response Team, a Neighborhood Resource Officer, and a patrol sergeant. He holds a BS degree in criminal justice from Minnesota State University and a Master's of Management Administration from Metropolitan State University. Dr. Burns stated staff recommends the appointment of Greg Salo to the Sergeant's position being vacated by Brian Wierke. Greg has been a Fridley police officer since 1994. He has been a patrol officer, member of the Problem Response Team, a Neighborhood Resource Officer, a field training officer, and a Community Emergency Response Team instructor. Greg has also served as a temporary sergeant. He holds an Associate's Degree in Law Enforcement from North Hennepin Community College. APPROVED THE APPOINTMENTS OF BRIAN WIERKE TO CAPTAIN AND GREG SALE TO SERGEANT IN THE FRIDLEY POLICE DEPARTMENT. 11. Claims: APPROVED CLAIM NOS. 117566 THROUGH LL7809. 12. Licenses: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 13. Estimates: APPROVED THE FOLLOWING ESTIMATES: Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 2004 Street Improvement Project No. ST. 2004 — 1 EstimateNo. 3 ................................................................................ $ 54,499.05 FRIDLEY CITY COUNCIL MEETING, AUGUST 9, 2004 Paqe 5 of 17 Midwest Asphalt Corporation 5929 Baker Road Suite 420 Minnetonka, MN 55345 Hickory Drive Watermain Replacement Project No. 350 Estimate No. 5 ................................................................................ $ 22,040.53 Ron Kassa Construction, Inc. 6005 — 250t" East Elko, MN 55020 2004 Miscellaneous Concrete Repair Project No. 355 Estimate No. 2 .............................................................................. $19,609.99 Councilmember Bolkcom requested that Items 2, 3, 4, 5, 6, 7 and 9 be removed from the Consent Agenda. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adopt the consent agenda with the removal of Items 2, 3, 4, 5, 6, 7 and 9. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adopt the agenda with the addition of Items 2, 3, 4, 5, 6, 7 and 9. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Mr. Lenny Brandt, 190 Craigbrook Way, asked if Springbrook signs are available at the Nature Center. Dr. Burns, City Manager, said there should not be any signs at the Springbrook Nature Center and offered to check into the matter and let Mr. Brandt know. Mr. Brandt asked if the vote fails in November, would the Springbrook Nature Center still be open and maintained. Mayor Lund stated it would be open and maintained. FRIDLEY CITY COUNCIL MEETING, AUGUST 9, 2004 Paqe 6 of 17 Mr. Brandt asked if this is a vote on Springbrook Nature Center or a vote on staff for the interpretive center. Mayor Lund stated it would be a vote on continuing the operation of the interpretive center building, the paid staff, and the educational programming. If the vote fails, the programming will not continue. Dr. Burns said the ballot issue is asking the voters if they want to fund the programming. Councilmember Wolfe stated it is not true that the park will be gone if the vote does not pass. It will still be open for everyone to use if the vote fails. Mr. Brandt asked if there are any regulations (city, state or federal) that govern misleading signs and literature for a ballot issue. Mr. Knaak said there were and if there was any material misstatement of fact, the person making that statement could be held criminally accountable. Mr. Brandt asked who was responsible for correcting misleading signs and literature. Mr. Knaak stated this is an area where prosecution is done very cautiously because of the right of free speech. Mr. Brandt referred to statements in the Sun Focus claiming the upcoming ballot vote will save the Springbrook Nature Center. Mr. Knaak stated if Mr. Brandt is asking whether such a statement is criminal, the answer is no. Because such a statement was open to interpretation, he did not think it could be successfully prosecuted. Mr. Brandt disagreed with Mr. Knaak and asked for a final answer on this matter. Councilmember Billings suggested that Mr. Brandt speak to the County Attorney. Mr. Knaak said if Council directs him to do so, he will look into the matter for Mr. Brandt. Councilmember Bolkcom asked if there needs to be a formal resolution to authorize Mr. Knaak to investigate this matter at the City's expense and, if so, how long will such - research take. Mr. Knaak offered to do this pro bono. Councilmember Bolkcom expressed concern that the proponents of Springbrook may demand similar assistance from the City Attorney at the next Council meeting. FRIDLEY CITY COUNCIL MEETING AUGUST 9, 2004 Paqe 7 of__1_7 Councilmember Billings said the more often Council discusses this, the more often there is communication to the citizens of Fridley that emphasizes the fact that the signs are misleading. Councilmember Wolfe asked if the $275,000 will increase each year as the value of homes goes up. Dr. Burns stated it will increase to the point that the limited market values established by the State of Minnesota are present. Councilmember Wolfe asked if City employees get a raise would that cause an increase. � Dr. Burns said it would contribute to the increased costs at the Nature Center and toward an increase of the levy to the extent it is consistent with the limitations of the City Charter. Councilmember Bolkcom commented that Council must be careful how this is presented because there is a limit to the amount of the increase. Councilmember Barnette said he appreciates the offer Mr. Knaak made to research this matter pro bono and he would like to see the response. It was important for Council to correct misinformation. Mr. Don Anderson, 7304 West Circle N.E., asked if Sharks will be reopening their nightclub. Council was not aware the nightclub was closed and suggested that Mr. Anderson contact the owners. NEW BUSINESS: 2. Variance Request, VAR #04-11 by Park Construction to Allow a Portion of the Parking Lot to Remain Gravel for the Purpose of Storing Tracked Vehicles, Generally Located at 30-81St Avenue N.E. (Ward 3). 3. Resolution to Vacate Unimproved Portions of Ely Street and the Alley Way between Ely Street and Liberty Street, Generally Located at 30 - 81st Avenue N.E. (Vacation Request, SAV #04-01, by Park Construction) (Ward 3). � 4. Preliminary Plat Request, PS #04-04, by Park Construction to Replat Multiple Parcels to Create One Lot to Allow the Petitioner to Develop the Property Generally Located at 30 - 81St Avenue N.E. (Ward 3). FRIDLEY CITY COUNCIL MEETING, AUGUST 9, 2004 Page 8 of 17 Councilmember Bolkcom asked to discuss all three of the Park Construction items at the same time. She had some questions for the petitioner but he was not present. Mr. Hickok stated the petitioner was aware that this matter was on tonighYs agenda. Councilmember Bolkcom stated she understands the need for the gravel area for tracked vehicles but was concerned about other storage on the gravel area. She was also concerned about the dust created by the gravel. Some of the neighbors are concerned about the dust and the vehicle backup noise associated with this business. Mr. Hickok explained that there are currently materials stored on the property that they - can remove and the owners have been instructed not to bring any more materials in until the plat has been approved. �, Councilmember Bolkcom asked if there were plans to do rock crushing on this property. Mr. Hickok stated the owner has not discussed crushing on this site. Councilmember Barnette asked if they have done crushing on this site. Mr. Hickok explained there was a business in that area does have a special use permit for rock crushing, but that does not transfer in any way to the Park Construction. Councilmember Bolkcom was concerned about approving any variance when the petitioner was not present to answer questions. Councilmember Barnette asked if the petitioner can proceed with the building on the northern portion of the site. Mr. Hickok explained the petitioner needs a minimum of 1'/2 acres in the M-3 district in order to construct the building. They do have in excess of that and without platting the property or without any official action from the Council, the petitioner can build their building. Councilmember Barnette asked if Mr. Hickok will contact the petitioners and advise them to be present at the next meeting. MOTION by Councilmember Bolkcom, secor�ded by Councilmember Barnette, to table consideration of Variance Request, VAR #04-11, to extend the review period for City - Council action an additional 60 days and to notify the petitioner in writing of the 60-day extension as soon as possible. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING AUGUST 9 2004 Paqe 9 of_17 MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to table consideration of Vacation Request, SAV #04-01, to extend the review period for City Council action an additional 60 days and to notify the petitioner in writing of the 60-day extension as soon as possible. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to table consideration of Preliminary Plat Request, PS #04-04, to extend the review period for City Council action an additional 60 days and to notify the petitioner in writing of the 60- day extension as soon as possible. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Approve Professional Services Agreement and Proposal for Engineering Services between the City of Fridley and WSB & Associates, Inc. for the Springbrook Watershed Implementation Project. Councilmember Bolkcom said this had nothing to do with the Springbrook Nature Center but addressed the management of the water that goes through Springbrook Nature Center. She asked why staff is requesting Council's approval of both phases when the second phase may not be necessary. Ms. Jones, Environmental Planner, explained the advisory committee related to this project is the same group of people who have been involved with this project since 1997 when it began. The advisory committee has already received the proposal from WSB and agreed to approve the entire proposal. However, this group is very cautious and saw that there was a possibility that a couple of the tasks may not need to be completely done. They asked the consultant to put language in the proposal that gave the advisory committee an out on those tasks if they were not necessary. The advisory committee may or may not decide to go ahead with some of the design projects. They are a month behind on this component of the project. They worked with Anoka Conservation District to do the contour mapping before the trees leafed out. Unfortunately, after the trees leafed out, they discovered their information was not complete enough for the consultant to proceed. This particular project has to be completed this winter when the ground is frozen so there is no damage to vegetation in Springbrook Nature Center. They would like to give the advisory committee the approval to complete this proposal knowing that they will not do those portions of the proposal that are not necessary. Councilmember Bolkcom asked why they could not appear before Council for the second phase if it is deemed necessary. She was reluctant to give a blanket approval. FRIDLEY CITY COUNCIL MEETING, AUGUST 9, 2004 Page 10 of 17 Ms. Jones stated she understands the concerns but it is very difficult to get the large number of people on the advisory committee together for a meeting in a timely manner prior to a future Council meeting. They wanted to be ready to start soliciting proposals as early as September 1. . Councilmember Bolkcom asked who makes the decision to proceed with the second phase if the advisory committee does not reconvene. Ms. Jones stated the committee would not meet before mid-August and the consultant would have to prepare more design materials which would be difficult to complete by September 1. They will be coming back to Council with the bid proposals before construction begins. Mr. Haukaas stated the advisory committee is asking Council to trust them to e�aluate what comes back and make that determination whether to proceed with Phase II. What is before Council at this time is WSB's portion of the contract and any construction would be addressed under separate contracts. Mr. Hickok stated the advisory committee has been extremely careful. Councilmember Bolkcom stated again that she wants it very clear that this has nothing to do with the Springbrook Nature Center but is a separate discussion regarding water management only. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to approve the Professional Services Agreement and Proposal for Engineering Services between the City of Fridley and WSB & Associates, Inc. for the Springbrook Watershed Implementation Project. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Receive bids and award project for the Marion Hills Reservoir Project No. 356. Councilmember Bolkcom stated she was surprised by the million dollar price tag for this project. She would like an explanation on why the timeframe has to be so short and why overtime is necessary. Mr. Haukaas, Public Works Director, stated the tank provides pressure to everything east of Highway 65. The only way we are going to get through the construction process is to artificially inflate that pressure through pumping. The pumps are only designed for the City's high elevation area which is south of I-694 and Highway 65 which is a very small area. They will be running the pumps beyond their original design to get through the construction project. Also, they are trapped between the high usage during the summer months and the cold of winter and have instructed the contractor not to start FRIDLEY CITY COUNCIL MEETING. AUGUST 9, 2004 Paqe 11 of 17 before Labor Day. The cold weather costs were bid out separately because they were concerned that could be an open-ended part of the project. They have a substantial completion date of December 20. The original budget for this project, $550,000, was based on an estimate from the consultant, but staff should have asked for more detailed information at that time. When they proceeded with requests for proposals, the estimate came back at $900,000 plus some demo costs and site work costs. The City could try limiting water usage, but that could create problems if the request is ignored or a fire emergency creates a high demand for water. Councilmember Bolkcom asked what the cost of this project does to the City's fund balances and whether other projects would be affected. Mr. Pribyl, Finance Director, said it would draw down the City's funds because they only anticipated and bonded for the $550,000 figure. The remainder would have to come from the capital expenses set aside for other infrastructure. The capital items coming up would have to be reevaluated. Mr. Haukaas explained that included in the bonding were improvements to the Commons Filter Plant which will still need to be done. Other projects that would require additional bonding or that would have to be delayed are water main improvement projects. The other two tanks that need to be cleaned and painted will require an additional bond issue a few years down the road. Mr. Pribyl explained the City can bond up to three years past the creation of projects. Based on this additional cost, they could put this together with the next bonding project as long as it is within the three-year window. Councilmember Bolkcom asked if staff is confident that the million dollar figure will get the job done. Mr. Haukaas stated both the consultant and the contractor are confident that this will get the job done. He also explained what the City is buying is a finished product and this is the price for the finished product. Councilmember Barnette questioned the penalty for going beyond the completion date. Mr. Haukaas stated the penalty is $1,250 per day. Councilmember Bolkcom questioned if we really need a logo on the tower at a cost of $9,000. Mr. Haukaas stated it is purely to promote the City of Fridley. Councilmember Barnette asked if this is an essential project or is repairing the existing tower an option. FRIDLEY CITY COUNCIL MEETING, AUGUST 9, 2004 Page 12 of 17 Mr. Haukaas explained they did evaluate that option but the repair costs were in excess of $650,000 and those repairs would only last about 15 years. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to receive the bids for the Marion Hills Reservoir Project No. 356 and award the project to Natgun Corporation for a total price of $1,018,000 plus Alternate #4 which is soil corrections at $34.50 per cubic yard and excluding Alternate #5, $9,060 for the City logo. Dr. Burns asked if the soil corrections are in addition to the $1,018.000 figure. Mr. Haukaas stated they were. Councilmember Billings said $9,060 for the City logo was not included. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. Approve Change Order No. 1 to the Marion Hills Reservoir Project No. 356. MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to approve Change Order No. 1 to the Marion Hills Reservoir Project No. 356 for a contract addition paying for overtime work in the amount of $37,500, to accelerate the construction schedule. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Resolution No. 2004-38 Designating Polling Places and Appointing Election Judges for the 2004 Primary and General Elections. MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to adopt Resolution No. 2004-38 Designating Polling Places and Appointing Election Judges for the 2004 Primary and �eneral Elections. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to amend the motion to read "Resolution No. 2004-38 Appointing Election Judges for the 2004 Primary and General Elections." Councilmember Bolkcom said the reason for the amendment is because the polling places were approved by Council at a previous meeting. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING, AUGUST 9 2004 Page 13 of 17 14. Approve Extension of Curbside Recycling Contract between the City of Fridley and BFI. Ms. Jones, Environmental Planner, stated this contract is due to expire March 31, 2005. Staff feels strongly that the City should consider extending the current contract with BFI based on the quality of service that BFI has provided. BFI has been working hard to correct some issues with multi-family services, but there has been as much as a three- month period of time with no missed collections for the single family service. She stated they also reviewed market prices and determined the price on the existing contract is very good. BFI has also done some extra things they were not required to do, including a canned food drive, safety camp participation and `49er Days participation. Ms. Jones said they consulted with the City Attorney regarding this contract and were advised that because this is a service, the City does not have to bid out the contract. As long as Council feels that the terms of the contract extension are reasonable, the contract can be extended. She consulted with her recycling industry contacts to get a feel for what new things are happening in the marketplace and found out about the revenue sharing. She also consulted with the City's Environmental Quality and Energy Commission. They were interested in seeing the City pursue revenue sharing and extending the existing contract. Revenue sharing is the City sharing with the contractor the value of the revenues of the recyclable materials when they are marketed. Market prices have driven prices up to an all-time high, so it was attractive for the City to pursue revenue sharing at this time. Cities that currently have 100% revenue sharing have reduced their costs by 50%. Ms. Jones said traditionally the market values did not justify the risk and the City's contractors never offered revenue sharing. Another factor is up until a couple of years ago when the solid waste ordinance was changed, the City Council had to go through an ordinance amendment every time they wanted to adjust the rates that the customer pays. Now it can be done by resolution which makes it easier to adjust the fees. Since then, however, they have been inhibited by the Charter Amendment limitations. Another big factor is the way the County funding system works. With respect to the money that residents pay on their garbage bills that goes back to the state, the state keeps about half and the other half goes back to the county. The way Anoka County does their funding system for the recycling grant money is the City has to basically deficit spend in order to capture that money, which we have always had great difficulty in doing. That is why we came up with the service exchange fund to be involved in a revenue sharing contract. Instead of the contractor paying the City the value of those revenues on a monthly basis or taking a discount on the City's service bill, the City would request the revenue sharing go into a credit account where funds could accumulate up to one year and draw down that fund within six months. The City could use this service exchange fund to provide recycling-related services on possibly things the City has cut from the recycling budget such as recycling events or conducting informational mailings. This would allow the City to capture more of the County funding dollars. FRIDLEY CITY COUNCIL MEETING. AUGUST 9, 2004 Paae 14 of 17 Ms. Jones said BFI submitted three proposals. All of the options would keep the service the same--a two-sort system picked up weekly. Option 1 would provide no revenue sharing and would keep the service and price the same at $2.18 per household per month for 2005 and then would go up 2% annually in the years after that. Option 2 involves 50% revenue sharing over a base $50 processing fee (so that the contractor is guaranteed their costs for processing that material) with a rate of $2.28 per household per month for single family. Option 3 is 100% revenue sharing with the same base with a proposed rate of $2.40 per household per month for single family. Ms. Jones stated staff checked to see how Fridley's rates compared to other communities. After checking all of Anoka, Hennepin and Ramsey counties, she was unable to find a contract that provided a good basis for comparison. She found Edina and Wayzata were the most comparable and their rates were much higher. She was unable to find any comparables to Option 2 but did find finro comparables to Option 3 and their rates were similar. Ms. Jones said with the 100% revenue sharing option, there is a potential for the City to capture $110,000 in revenues in a year. The City could go with Option 1 to play it safe, but the contractor would keep the $110,000. Staff feels the City should try to capture the $110,000. BFI does not care if the City takes the revenue sharing as a cash payment, a discount off the monthly bill, or if it is done as a service exchange fund. If the City took cash payments, it would not qualify for any of the County's recycling funds for the next couple of years ($61,000 per year). However, the City would still come out ahead if they reached that level of revenue and add $30,000 at the end of the year to the special revenue fund. Staff recommends the City pursue Option 3. It is risky, because there is the possibility that if a world-wide catastrophe happened we would not obtain those revenues and would need to increase the costs to the residents by 5.5%. If we do get the revenues, we can reduce the rate in later years. Staff wants to make sure Council understands that if the revenues are not received, the fees would have to be increased in 2005 and again in 2006. If Council is uncomfortable with the risk in revenue sharing, staff feels comfortable that Option 1 is still a very good choice for the City because of the attractive pricing level. The recent change made to the City Charter would permit the City to not increase the fees that the residents pay in 2005 under that scenario. Whichever option the Council chooses, staff feels strongly that a five-year contract be pursued, because it helps in long-range planning. Councilmember Billings stated the question has been asked why a weekly pickup is necessary. Ms. Jones replied that the City has surveyed the residents a number of times on this particular question and have heard that the residents are extremely satisfied with the service the way it is. In 1997 when the City switched from twice a month to a weekly service, there was a substantial increase in the tonnage collected. Currently more than half the residents set out recycling every week. In addition there are large families and day cares in private homes that need the weekly service. FRIDLEY CITY COUNCIL MEETING, AUGUST 9, 2004 Page 15 of 17 Councilmember Bolkcom stated with a ballot question on this issue coming up in November and with this contract not expiring until March, she questioned the urgency to proceed with it now. Ms. Jones explained they are actually a little behind in the process because if the Council chooses to solicit bids, that should be done by September 1. A new company would need at least a six-month lead time. Councilmember Bolkcom asked if Ms. Jones has discussed this with the County. Ms. Jones stated she and Mr. Hickok contacted Anoka County staff to discuss this issue and to see if an exception could be made for Fridley due to the City Charter limitations. The County staff would not meet with them, but encouraged staff to pursue revenue sharing and actually came up with the service exchange idea. Ms. Jones stated she would still like to work with Anoka County on this issue. Councilmember Bolkcom asked what would prevent Anoka County from pulling the recycling funds if the City goes to the revenue sharing program. Mayor Lund asked about the service exchange fund. Ms. Jones stated it was the County's idea to do the service exchange fund. She also stated there is nothing in our County contract that would prohibit the City from participating in revenue sharing because it would not be cash revenue. She said they had a few discussions with BFI about how to utilize the service exchange funds and staff believes they would not have any problem using the $110,000 a year. In 1995, the City spent over $400,000 in a massive clean-up effort. They have also considered using the funds to do recycling educational mailings, drop-off coupons and replacing recycling containers at apartment buildings. Councilmember Bolkcom asked if it would not be best to go out for bid on the recycling contract. Ms. Jones stated that after looking at what was in the market and after having done this a number of times, she found that when you go out for proposals, those proposals will be in the mid-range of the marketplace. The current contract is at or below what she is seeing in the marketplace so she did not expect to get a better price. In light of the limitations on raising the rates to residents, the City needs to be careful about going out for proposals. She did not think it would be a wise move for the City. Mr. Hickok, Community Development Director, said that Ms. Jones is the president of the Association of Recycling Managers and has her finger on the pulse of what the market is doing, not only in the metro area, but out-state as well. He said the City could not do any better than it was as far as the contract with BFI. Also, going with a new company creates problems as there will be a learning curve with new trucks and new drivers. FRIDLEY CITY COUNCIL MEETING, AUGUST 9, 2004 Paqe 16 of 17 Ms. Jones added that BFI wants Fridley's business which is why they are offering Option 1. Councilmember Wolfe stated two weeks of recycling sitting around in the summer is not desirable and he would prefer the weekly pickup schedule. Mr. Tom Chovan, General Manager of BFI in Blaine, stated BFI will do whatever it takes to keep this contract and try to extend it. The City knows the level of service BFI provides and if they go out for bid, they will not have that knowledge with a new company. Mayor Lund stated he is intrigued by Option 3 but he would like to see a bid for every r I other week to see if there is any significant savings. Councilmember Billings asked Mr. Chovan what he thought of the every other week pickup. Mr. Chovan responded that BFI has some biweekly contracts and they are more expensive than Fridley's rate. He explained the concern is what BFI would do with the equipment on those weeks they are not servicing that customer. Councilmember Wolfe stated BFI has provided good service and he had received no complaints. Councilmember Bolkcom stated the revenue sharing seems like a good idea but she is concerned that the County would not allow the City to proceed with this option and still collect County recycling funds. Ms. Jones stafed the contract protects the City from the County counting the $110,000 in services as revenue. Mayor Lund stated he would like some clarification from the County on their position regarding the revenue sharing option. Councilmember Bolkcom asked if Council can get out of the five-year contract earlier if the revenue sharing option is not successful. Mr. Chovan stated BFI would have no problem at any time if the recycling market collapses renegotiating with the City and going back to a flat fee. Mr. Knaak said he reviewed the contract and the contingency they are now discussing was not provided for and would have to be added. Councilmember Bolkcom stated she has no problem approving the extension if at the next Council meeting there could be some language worked out with BFI that would address some of the concerns. FRIDLEY CITY COUNCIL MEETING AUGUST 9 2004 Paqe 17 of 17 Councilmember Barnette stated he feels comfortable accepting Mr. Hickok's and Ms. Jones' professional opinion. He likes the idea of writing into the contract a"bail out" for the City. MOTION by Mayor Lund, seconded by Councilmember Wolfe, to table this item until such time that staff can bring it back with some negotiation with BFI for Option 3. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. - 15. Informal Status Reports: Dr. Burns, City Manager, asked Mr. Pribyl to respond to comments made by Mr. Eisenzimmer at the previous Council meeting. Mr. Pribyl, Finance Director, stated Mr. Eisenzimmer spoke during the Open Forum on July 26 regarding the Charter Amendment. Staff was concerned about some of the comments Mr. Eisenzimmer made. After reviewing the tape, staff was unable to determine what his concern was. He wanted it made clear that the City is in full compliance with the Charter Amendment as far as the actual rates or percentages of increase. Councilmember Barnette stated on August 19, a Fridley Community Housing Policy forum will held. This will be the first in a series of four meetings to be held at 7:00 p.m. at the Fridley Community Center. He urged all citizens who have an interest in the future of Fridley to attend these meetings. Councilmember Bolkcom thanked everyone for the success of National Night Out. ADJOURNMENT MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED. Respectfully submitted by, Rebecca Brazys Scott J. Lund Recording Secretary Mayor MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 2004 CITY COUNCIL MEETING AUGUST 23, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: � MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. OTHERS PRESENT: William Burns, City Manager Don Abbott, Public Safety Director Richard Pribyl, Finance Director Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Lenny Brandt, Resident Pam Reynolds, Resident Tim Byrne, Resident Richard Carlson, Petitioner Bruce Carlson, Petitioner Pete Eisenzimmer, Resident Donald Crispin, Resident Donald Anderson, Resident APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council meeting of August 9, 2004 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 1. Variance Request, VAR #04-12, by Applebee's International, to Reduce the Front Yard Setback from 89 Feet to 79.5 Feet, to Reduce the Side Yard Setback on a Corner Lot from 80 Feet to 59.5 Feet, and to Reduce the Parking Setback from the Street Right-of-Way from 20 Feet to 11 Feet on CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 2 of 16 the North Side of the Lot and from 20 Feet to 8.5 Feet on the West Side of the Lot. All Variances will Allow for the Construction of a new Applebee's Restaurant, Generally Located at 5277 Central Avenue N.E. (Ward 1). Dr. Burns, City Manager, explained that Landform, on behalf of Applebee's International, is seeking three variances similar to those variances previously granted to Ground Round on the same property. The Appeals Commission approved these variances at their August 11 meeting. Staff recommends Council's approval with six stipulations. APPROVED VARIANCE REQUEST, VAR #04-12, BY APPLEBEE'S INTERNATIONAL, WITH THE FOLLOWING SIX STIPULATIONS: 1. PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION; 2. PETITIONER SHALL SUBMIT A LANDSCAPE PLAN TO BE REVIEWED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 3. PETITIONER SHALL SUBMIT A SIGN PLAN TO BE REVIEWED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 4. GRADING AND DRAINAGE PLAN TO BE REVIEWED AND APPROVED BY CITY ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 5. UTILITY PLAN TO BE REVIEWED AND APPROVED BY CITY ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 6. STORM SEWER TREATMENT DEVICE MAINTENANCE AGREEMENT SHALL BE FILED PRIOR TO ISSUANCE OF A BUILDING PERMIT. 2. Approve Amendment to Section 8 Housing Assistance Payments Program Contract for Administrative Services between the City of Fridley and the Metropolitan Council. Dr. Burns, City Manager, stated this will extend the current contract that expired on June 1 through the end of 2004. This enables the Met Council to have more time to work out the terms of a new contract based on a tighter budget. This is the contract with the City for the services of our Section 8 Administrator. Staff recommends Council's approval. APPROVED. 3. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs thereof: Neighborhood Street Improvement Project No. ST. 2005-1. " Dr. Burns, City Manager, stated that on February 9, Council approved a contract to perform these services. Due to an oversight, an official resolution ordering these options was not approved by Council. This resolution corrects that oversight. Staff recommends Council's approval. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 3 of 16 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Resolution Receiving the Feasibility Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Neighborhood Street Improvement Project No. ST. 2005-1. Dr. Burns, City Manager, stated this project includes 3.8 miles of City streets including Ruth Circle, Fairmont Street, a section of Ironton Street, Talmadge Way, the Craigway neighborhood, the Logan Park neighborhood, and the area north and west of Holly Center. The preparation for this project included the submittal of surveys to residents in the reconstruction areas. The results of the surveys were overwhelmingly positive. A neighborhood meeting will be held the week of September 13 to review the results and respond to further questions regarding the plan. In addition to receiving the feasibility report, this resolution will set a public hearing for September 27. Council will also be asked to adopt the preliminary assessment list on September 27. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Appointments — City Employees. Dr. Burns, City Manager, stated staff is recommending the appointment of Paul Bolin to the position of Assistant HRA Director. Paul is currently Planning Coordinator for the City of Fridley and has served the City since November, 1998. Prior to coming to Fridley, Paul worked for the Arrowhead Regional Development Corporation as a Planning/Housing Consultant. He holds a B.A. degree in urban and regional studies from the University of Minnesota and is currently finishing his Master's Degree in Public Administration at Metro State University. Dr. Burns stated staff is also recommending the appointment of Allison Suess to Patrol Officer to fill the position created by the promotion of Jim Moore. Ms. Suess has been working as a security officer at the Mall of America and her education includes a B.S. degree in law enforcement from Mankato State University. She has also completed a course in Spanish for law enforcement officer�. Dr. Burns also asked for Council's approval of the appointment of Mike Monsrud to the position of Police Sergeant that will be vacated by the retirement of Sergeant Mike Trancheff. Mr. Monsrud began work as a Fridley police officer in 1989 and has served as firearms instructor, field training officer and Explorer post advisor. He received both the Medal of Valor and the Medal of Merit in 2002. Mr. Monsrud is currently serving as a detective in the investigative unit of the Fridley Police Department. He served in the Army as an infantryman and a combat military policeman. He has an Associate's Degree in law enforcement from North Hennepin Community College. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 4 of 16 Staff recommends Council's approval. APPROVED THE APPOINTMENTS OF PAUL BOLIN TO ASSISTANT EXECUTIVE HRA DIRECTOR, ALLISON SUESS TO PATROL OFFICER, AND MIKE MONSRUD TO SERGEANT. 6. Claims: APPROVED CLAIM NOS. 117812-117985. 7. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom asked to remove the August 9 Council minutes and Items 3 and 4 from the Consent Agenda. Mr. Billings commented that there is a new policy that the fee owner of property be a part of any applications for variances and special use permits. He questioned who the fee owner is of the Applebee's site. Mr. Hickok said Applebee's was the property owner. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt the consent agenda with the removal of the August 9th minutes and Items 3 and 4. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to adopt the agenda and include the minutes from the August 9 City Council meeting and Items 3 and 4, and to move Item 16 before Item 8. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Consideration of items not on agenda — 15 minutes. Don Anderson, 7304 West Circle N.E., said last Saturday night, he witnessed some vandalism being done to the Ground Round sign. He called 911 and waited, but after 15 minutes, left the scene because no squad car arrived. Also, the foul language has not been removed from the sign. Mr. Abbott, Public Safety Director, said he would look into this matter. CITY COUNCIL MEETING. AUGUST 23, 2004 Paqe 5 of 16 Mr. Hickok, Community Development Director, said staff had contacted the owner of the property, and he agreed to take care of the matter. Mr. Donald Crispin, 6820 Oakley Drive N.E., asked why AT&T and Comcast services are not available in the City of Fridley. He said he currently has Time Warner Cable but has not been happy with their service. Councilmember Billings stated over the years cable companies have selected cities to run their cable. In the Twin Cities area, there are only two cities that have multiple cable - companies. In the rest of the cities, there is only one cable company serving the residents. Time Warner is the only cable company that chooses to provide service to . Fridley. Time Warner does have an agreement with the City of Fridley, but it is not an exclusive agreement and does not preclude other cable companies from providing service in our city. AT&T phone service is available in Fridley, but not their cable or high speed internet service. Mr. Crispin restated the difficulties he has experienced with Time Warner. There was a Time Warner representative present for another matter on the agenda and he agreed to talk with Mr. Crispin after the meeting. Ms. Pam Reynolds, 1241 Norton Avenue N.E., commented on the Livable Communities Act and urged the City of Fridley not to participate, based on the findings that certain communities in the Twin Cities have received an inordinate amount of grant money from this program. The last time the City of Fridley received grant money through this program was in 1997 for the Onan property. She presented printed information regarding sustainable development to the City Council members. She also expressed her opposition to the Met Council. Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., said he watched the August 9 City Council meeting, specifically the recycling issue. He was concerned because there had been no response to his question of the cost to the City for the weekly recycling pickup service. Councilmember Billings explained that this matter will be coming back before the Council at their next regular meeting. Also, the information Mr. Eisenzimmer has requested is available through City Staff. Currently, the City of Fridley pays $2.18 per household per month for weekly recycling pickups while Blaine pays $2.32 per household per month for every other week collection. Councilmember Bolkcom asked Mr. Hickok to have Ms. Jones respond to Mr. Eisenzimmer's question regarding costs. Mr. Lenny Brandt, 190 Craigbrook Way, said that at the last Council meeting he asked if there were any regulations that govern misleading signs and literature on a ballot issue, specifically the "Save Springbrook" signs. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 6 of 16 Mr. Knaak apologized for not responding earlier to Mr. Brandt. He explained that he reviewed the statutes and they confirmed what he had stated at the last meeting. Unless there is a materially false statement that is intentionally made to deceive, there is not a possible crime. Successful prosecution of such cases is extremely rare. As a practical matter, based on the sign and possible interpretations, he did not see any basis for charging any kind of crime. NEW BUSINESS: 16. Resolution No. 2004-45 Adopting Certain Cable-Related Needs and Interests of the City of Fridley as Identified in the Staff Report and Related Requirements Set Forth Therein, Authorizing the Issuance of a Request for Formal Renewal Proposal for a Cable Franchise, and Closing the Initial Stage of Formal Franchise Renewal Proceedings. Mr. Brian Grogen, Attorney, Moss & Barnett, representing the City of Fridley, stated on June 19, 2000, Time Warner sent the City a letter requesting renewal of its cable television franchise. Since that time, the City of Fridley and Time Warner have been engaged in informal renewal negotiations in the hope that the two parties would reach a mutually acceptable cable television franchise. Unfortunately, they have not been able to reach an agreement on key issues. On November 18, 2003, Time Warner sent the City a letter indicating they were unable to reach an agreement and specifically requested that the City revert back to the formal renewal procedures and asked that the City undertake a Needs Assessment and issue a formal request for proposal so the process could move forward in accordance with Federal law. The City retained outside consultants to conduct a Needs Assessment. The required Needs Assessment and a formal request for renewal proposal have been given to Council. The resolution authorizes those documents to be forwarded to Time Warner so they can prepare a response. The City will receive their proposal and will have an opportunity to determine whether it meets the City's needs. Nothing in this procedure precludes the City from continuing its informal negotiations. Mr. Lance Leupold, Time Warner, stated they believe they can reach an agreement with the City. They have not yet had a chance to review the assessment, but they will be responding to it. Ms. Pam Reynolds, 1241 Norton Avenue N.E., asked if this process goes through, will this extension be handled through the City Charter regarding renewal of franchises and public utilities. Councilmember Billings stated the Council always has and will continue to do those according to state law and the City Charter. Mr. Grogen said it was the initial phase. Before a new franchise is actually approved, a hearing will be held, input received and the Council will then decide to accept or reject the franchise. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 7 of 16 Mr. Knaak said it is entirely consistent with the process and procedure contained in the City Charter. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-45. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 8. Variance Request, VAR #04-11, by Park Construction, to Allow a Portion of the Parking Lot to Remain Gravel for the Purpose of Storing Tracked Vehicles, Generally Located at 30 - 81St Avenue N.E. (Ward 3) (Tabled August 9, 2004). Mr. Hickok, Community Development Director, stated item was continued from the last Council meeting so petitioner could be present. Due to the weight and design of tracked vehicles, it is not possible to store them on hard surFaces without damaging that surface. The statement of hardship given by Park Construction states that there are several ways that paving the area would create an undue hardship. Tracked equipment would cause constant damage and deterioration to a paved area. They are not allowed to run their tracked equipment on paved roads for that reason and if they are not allowed to run them on paved public roads, they should not be required to pave where they run tracked equipment in their yard. Other property is not affected by this code because their vehicles have rubber tires. This variance will not alter the character of the neighborhood because it has been gravel for the last 30 years and the property is enclosed by a screened fence. Park Construction will provide a sufficient paved area to store their rubber-tired equipment and vehicles. Mr. Hickok stated this property abuts the Burlington Northern Railway to the west. The property on which the new Park Construction building will be located is a combination of many smaller parcels which have been and will continue to be assembled by the Carlson family. Through many discussions with Park Construction and with staff's knowledge of tracked equipment, it was determined that paving would not hold up to the wear and tear generated by this equipment. The proposed gravel area has been designated on the petitioner's site plan and has been sized to accommodate Park Construction's heavy equipment accordingly. This property is located at the corner of Hickory Street and 81St Avenue. It does have the minimum right of way frontage to allow it to be developed, but because it is located at the elbow of the roadway, you do not see a lot of the site from the road. There is a bituminous lot as you enter the property from the roadway and landscaping along the property edges. Mr. Hickok further stated Park Construction will provide the code-required paving and curb and gutter for areas in which it will be parking its wheeled vehicles. The amount of equipment stored in the yard will be seasonal and dependent upon Park Construction's CITY COUNCIL MEETING, AUGUST 23, 2004 PaQe 8 of 16 workload; meaning there will be more vehicles stored there in the winter than in the summer months. Staff has required Park to add a 40 x 108 foot bituminous area along the eastern edge of the property to ensure that the wheeled vehicles do not interfere with emergency vehicle access and to improve Park Construction's internal logistics. At their meeting on July 14, the Appeals Commission unanimously recommended approval of this variance with eight stipulations. Staff recommends Council's approval. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to remove this matter from the table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated she has received questions from some of the neighbors about what activity will be taking place on the Park Construction property. She pointed out there is a neighborhood behind this site and the neighbors have had problems with loud speakers and paging. The neighbors are also concerned if the gravel area will create a dust problem. Mr. Bruce Carlson, petitioner, stated they have been doing the same activity on this properly for 30 years and have had no problem with dust. Mr. Richard Carlson, petitioner, stated he has had a business in Fridley since 1972 and has always done everything City staff has requested. They have been a very good business for the City and have no intention of changing any operations from what was done before. They will conform to the City's request for all the building permits. This is a heavy industrial area and he believed this variance should be approved. Councilmember stipulation; that surface. Bolkcom asked if the petitioners would agree to an additional all non-tracked or rubber tired vehicles shall be parked on a hard After some discussion, Bruce and Richard Carlson agreed with the additional stipulation. Councilmember Billings stated he has been on the Council for 18 years and he would like to thank Park Construction for all the cooperation they have given the City of Fridley. MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to approve Variance #04-11 for Park Construction with the following eight stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction; 2. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits; 3. Petitioner to install code required hard surFace drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04; 4. Gravel parking/storage area to be defined and maintained as indicated on site plan dated CITY COUNCIL MEETING, AUGUST 23. 2004 Pacte 9 of 16 7/9/04; 5. Variance approval is dependent upon approval of Street Vacation, SAV #04- 01, and Plat #04-04; 6. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit; 7. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access; and 8. Fire access lane/drive aisle shall be striped on bituminous area and kept open at all times. MOTION by Councilmember Bolkcom to amend the motion to add an additional Stipulation No. 9"All not-tracked or rubber tired vehicles and equipment shall be parked on a hard surface." UPON A VOICE VOTE ON THE MOTION TO AMEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE ON THE MAIN MOTION, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Resolution No. 2004-41 to Vacate Unimproved Portions of Ely Street and the Alley Way beiween Ely Street and Liberiy Street, Generally Located at 30 - 81St Avenue N.E. (Vacation Request, SAV #04-01, by Park Construction) (Ward 3) (Tabled August 9, 2004). MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to remove this item from the table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to adopt Resolution No. 2004-41. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Preliminary Plat Request, PS #04-04, by Park Construction, to Replat Multiple Parcels to Create One Lot, to Allow Petitioner to Develop the Property Generally Located at 30 — 81St Avenue N.E. (Ward 3) (Tabled August 9, 2004). MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to remove this item from the table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 10 of 16 MOTION by Councilmember Bolkcom, seconded by Councilmember Billings to approve Preliminary Plat Request, PS #04-04 with the following stipulations: 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat; 2. Petitioner to be in charge of all water and sewer connection fees; 3. Petitioner shall obtain all necessary building permits prior to construction; 4. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits; 5. Petitioner to install code required hard surface drive, curb, gutter, and parking area as indicated on site plan dated 7/9/94; 6. Gravel parking/storage area to be defined and maintained as indicated on site plan dated 7/9/04; 7. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit; 8. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access; 9. Fire access land / drive aisle shall be striped on bituminous area and kept open at all times; and 10. Petitioner to vacate remaining streets and alleys and replat property to incorporate the Met Council and Syverson / Daniels parcels within 2 years of the preliminary plat approval for Lot 1, Block 1, Park Shop. Southerly lots owned by the Carlson's shall not be used for "Park" or other operations until aforementioned approvals have been granted, except for the removal of existing material. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 11. First Reading of an Ordinance Amending the Fridley Municipal Code by Allowing Certain Holders of Liquor Licenses to Sell Intoxicating Liquor until 2:00 a.m. Mr. Abbott, Public Safety Director, explained this amendment affects Chapter 602, 603 and 606 of the Fridley City Code. State hours allowing extended hours of alcohol sales until 2:00 a.m. became effective June 1, 2003. The law allows that local jurisdictions may decide whether or not they wish to allow the extended hours until 2:00 a.m. Several Fridley restaurants and clubs holding licenses to sell intoxicating liquor and beer requested that the City allow extended hours to keep Fridley restaurants and clubs competitive with those in neighboring cities. Council directed staff to research the 2:00 a.m. closing, meet with licensees, and to prepare proposed ordinance language. With the exception of Columbia Heights, Mr. Abbott stated, all cities bordering Fridley currently allow the 2:00 a.m. closing. These cities have not reported any significant problems due to the extended hours. Just over one year of data concerning DUI enforcement records and accident reports are available, and while the data is not conclusive, it does not indicate a drastic change. Mr. Abbott said the proposed ordinance change establishing the late hour license endorsement will sunset April 30, 2006. A new ordinance will need to be enacted at that time to continue the additional hours of sales. Without that new ordinance, the additional hours would cease to exist as of April 30, 2006. This is basically a trial period CITY COUNCIL MEETING. AUGUST 23, 2004 Paqe 11 of 16 of just over a year that will allow for the review of any detrimental effects of 2:00 a.m. closings. Staff will be reviewing any impact of this change on police calls and will report back to Council before the sunset of this ordinance. Mr. Abbott stated the proposed changes are to Chapter 602, Chapter 603 and Chapter 606. The change will allow the additional sales 7 nights per week, assuming the licensee already has a permit to sell on Sunday evenings. Licensees must apply to the City for a late hour endorsement to their current license. New licensees can apply for both their license and the late hour endorsement at the same time. Licensees must also obtain a late hour permit from the State of Minnesota. Licensees are required to pay a fee of $200 to $600 to the State for the late hour permit. The fee is based on their gross revenues over the preceding finrelve-month period. Mr. Abbott said the proposed ordinance allows the City to collect a fee for the late hour endorsement; however staff recommends no fee at this time. Staff time required by late hour endorsements will be reviewed and a fee may be proposed to be added to Chapter 11 if late hour sales are extended beyond April 30, 2006 and if it is indicated by a review of the records. Mr. Abbott explained that restaurants with late hour endorsements will be required to submit semiannual certification of compliance with the existing ordinance requirements that at least 40% of all sales be food. All patrons of on-sale establishments will continue to be required to leave the licensed premises within one-half hour of closing. In no event would that be later than 2:30 a.m. Mr. Abbott stated several current licensees interested in the late hour endorsement have reviewed the proposed changes and have indicated that they find them acceptable. Councilmember Billings said the word "semi-annually" has been added to Section 603.07, Item B. He questioned if this change is inadvertently making it a requirement that all licensees report semi-annually. He also stated he is willing to support the ordinance to keep it moving forward, but asked that this language be clarified before the second reading. The cleanest thing might be to create a whole new section and leave the section for regular licensees unchanged. MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to waive the reading and approve the ordinance on first reading. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Receive Referendum Petition 2004-1 Requesting the Fridley City Council to Submit Ordinance No. 1196 to the Electorate. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 12 of 16 Mr. Pribyl, Finance Director, explained that after discussions and a public forum, the City Charter Commission recommended amending the City Charter by ordinance regarding the definition of fees. Ordinance No. 1196 was created to amend Chapter 7 of the City Charter to redefine certain utility and recycling fees. That ordinance was adopted on June 26, 2004. That same ordinance was published on July 8, 2004 and would have become effective 90 days after publication. Minnesota statutes allow for a referendum petition to be submitted up to 60 days after publication requesting the Council to reconsider the action or place the issue on the ballot. Staff received Referendum Petition 2004-1 on August 6, 2004. Minnesota statutes state that a petition is sufficient if it contained signatures of 2% of the total number of votes cast in the City at the last state general election. The number of votes cast in the last state general election for Fridley was 12,512. Two percent of that number would be 253. Staff found the petition to be sufficient with 460 registered voters' signatures. Staff recommends that Council receive the petition. Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., recommended that Council receive the petition, place the matter on the ballot, and leave the Charter as it was before. Councilmember Bolkcom asked if this agenda item was to receive the petition. Mr. Pribyl said it was. MOTION by Councilmember Barnette, seconded by Councilmember Billings, to receive Referendum Petition 2004-1. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Resolution No. 2004-42 Declaring an Election to Approve or Disapprove Ordinance No. 1196, an Ordinance Amending Section 7.02, Power and Taxation, of the Fridley City Charter. Mayor Lund asked what portion of the ordinance would appear on the ballot. Mr. Pribyl explained the ordinance would appear on the ballot in its entirety. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to adopt Resolution No. 2004-42. Mr. Eisenzimmer asked if the ordinance will be published prior to the election. Ms. Deb Skogen, City Clerk, said the City is required to publish the sample ballot at least two weeks prior to the election. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 13 of 16 14. Resolution No. 2004-43 Certifying Proposed Tax Levy Requirements for 2005 to the County of Anoka. Mr. Pribyl, Finance Director, stated the proposed 2005 tax levy complies with both state law and with the City Charter requirement r�garding inflationary increases. The total proposed levy for 2005 totals $7,792,949. This includes $275,000 that would be used for the administration, programming and maintenance for the Springbrook Nature Center if it is approved through an election process. Mr. Pribyl explained that this amount is 20.2% higher than that of 2004. The increase is due to the reductions in Local Governmental Aid (LGA) and also due to the possibility of levying for the Springbrook Nature Center. Approximafiely 21 % of the increase is due to the Springbrook Nature Center levy of $275,000. Mr. Pribyl further explained that the amount of the proposed tax levy is a proposed levy that cannot be exceeded when a final certification is made to Anoka County in December. It can be reduced, however. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe to adopt Resolution No. 2004-43. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Resolution No. 2004-44 Adopting the Proposed Budget for the Fiscal Year 2005. Mr. Pribyl, Finance Director, stated the certification of the proposed budget must be to the County Auditor before September 15 in accordance with the Truth in Taxation process. The City has complied with Section 7.05 of the City Charter requiring that it be the principal item of business at the last regular meeting in August. Mr. Pribyl explained that for 2005, the economy once again has rippled through all departments and caused a cutback budget for the City. The first major issue the City had to deal with was the continuing loss of $1,103,605 in Local Government Aid (LGA). Other revenue losses occurred due to the economy-based changes in which we saw other revenues declining from previous years. The budgeting process has been a painful process of reducing expenditures in all departments. The 2005 proposed budget is being presented this evening along with a resolution to approve it as a proposed budget for 2005. Mr. Pribyl said the remaining steps in the budgeting process are: ■ Public hearing on the budget December 6. ■ Resolution approving the final tax levy on December 6. ■ Resolution approving the final budget for 2005 of December 6. ■ Continuation of the public hearing would be to December 13 if required. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 14 of 16 Mr. Pribyl reviewed the following budget figures: ■ General Fund $12,270,609 ■ Special Revenue Funds $ 1,013,688 ■ Capital Improvements $ 2,810,000 ■ Agency Fund (Six Cities) $ 6,200 ■ Total Budget $16,100,497 Mr. Pribyl said the 2005 Street Reconstruction Program is budgeted at $1,820,000. The Fire Department has budgeted $750,000 to replace the 1972 Arial truck. Mr. Pribyl stated this resolution was for the proposed budget for 2005. The final budget would be adopted after a public hearing in December. MOTION by Councilmember Billings, seconded by Councilmember Barnette, to adopt Resolution No. 2004-44. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to amend the fourth WHEREAS to read as follows: "WHEREAS, the City Council will hold a public hearing on December 6, 2004, before determining a final budget." And to amend last paragraph to read: "NOW THEREFORE BE IT RESOLVED that the following proposed budget be adopted and approved." UPON A VOICE VOTE ON THE AMENDED MOTION, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE ON THE MAIN MOTION, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Councilmember Bolkcom referred to the August 9, 2004, minutes and her motion regarding Marion Hills Reservoir Project No. 356. She asked that the minutes be corrected to reflect the exclusion of the City logo on the water tower. Councilmember Wolfe asked that his statement on Page 16 of the minutes be corrected to reflect that he received no complaints about BFI. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to table the August 9 minutes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING. AUGUST 23, 2004 Paqe 15 of 16 3. Resolution No. 2004-39 Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Neighborhood Street Improvement Project No. ST. 2005 -1. Councilmember Bolkcom asked when the dates for the neighborhood meetings on this project would be. After some discussion, it was agreed that the meetings will be held September 14 and 15. Councilmember Bolkcom asked if there are any other streets that may be widened. Mr. Jon Haukaas, City Engineer, stated other than Chesney Way and the railroad right- of-way, no other streets will be widened except to take some streets from the current 29-foot width to the standard 30-foot width. For Glen Creek Road, they do not have sufficient right-of-way yet, but eventually it will also be widened to 30 feet. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-39. 4. Resolution No. 2004-40 Receiving the Feasibility Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Neighborhood Street Improvement Project No. ST. 2005-1. Councilmember Bolkcom asked if staff can ask CenterPoint Energy and Xcel to expedite their portion of this project to avoid the delays created in previous large projects. Mr. Haukaas explained that staff has been working with the utilities since spring. No telephone or electric relocation will be necessary. CenterPoint has preliminary p�ans but does not anticipate being able to start until the spring. Councilmember Bolkcom asked that staff make a concerted effort to ensure that the current property owners are notified of this special assessment. Mr. Pribyl stated that staff will work with the County and the City Assessor to try and catch any property ownership changes. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-40. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 16 of 16 ADJOURNMENT: MOTION by Councilmember Barnett, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:35 PM. Respectfully submitted by, Rebecca Brazys Scott J. Lund Recording Secretary Mayor � � CffY OF FRIdLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 William W. Burns, City Manager�'I�� Don Abbott, Public Safety Director September 9, 2004 Second reading of an ordinance amending Chapters 602, 603, and 606. This memo provides for the second reading of ordinance revisions amending Chapter 602, Chapter 603, and Chapter 606 of the Fridley City Code. This will allow establishments licensed for on-sale beer, on-sale liquor, and on-sale clubs to apply for permits to extend their hours of sale unti12:00 a.m. The first reading was held during the August 23, 2004 meeting of the Fridley City Council. The ordinance has been revised as directed by Council during the first reading. The revised language clarifies the requirement for holders of Late Hour License Endorsements to submit semi-annual certification of their ratio of food sales as a part of total sales. Establishments holding licenses to sell liquor that do not apply for a Late Hour Endorsement will continue to be required to submit annual certification of their food sales as part of total sales at license renewal. Staff recommends proceeding with the second reading. Ordinance No. AN ORDINANCE AMENDING THE FRIDLEY MUNICIPAL CODE BY ALLOWING CERTAIN HOLDERS OF LIQUOR LICENSES TO SELL INTOXICATING LIQUOR UNTIL 2:00 A.M. The City Council of the City of Fridley, Minnesota, hereby ORDAINS: That Chapter 602 of the Fridley City Code shall be amended to include the following language: 602.02 LICENSES REQUIRED 6. Late Night License Endorsement An On-Sale license may be amended to include a Late Ni�ht License Endorsement subiect to the terms and conditions imposed by the City Council within its discretion and otherwise in accordance with the provisions of this Chapter No person mav sell anv beer under an�permit issued pursuant to this chapter after 1•00 a.m. without first obtainin� a Late Hour License endorsement No Late Ni�ht License Endorsement shall be effective after Apri130, 2006. 602.05 GR.ANTING OF LICENSES 3. Late Night License Endorsement. An On-Sale license mav be amended to include a Late Ni�ht License Endorsement subiect to the terms and conditions im�osed by the Citv Council within its discretion and otherwise in accordance with the �rovisions of this Chapter. An application for a Late Hour License Endorsement shall be made at the same time as but separate from, an initial license or license renewal No Late Hour Endorsement�ranted bv the Citv of Fridley will be effective after Apri130, 2006. 602.09 HOURS 3 Notwithstanding the fore�� a sale of beer or 3.2 percent malt liQUOr mav occur on a licensed premises between the hours of 1:00 AM and 2:00 AM if the licensee has been granted by the City a Late Hour Endorsement for that license. No sale of beer or 3.2 percent intoxicating liquor for consumption on anv license premises for which a Late Hour Endorsement has been granted by the Cit�shall occur between 2:00 AM and 8:00 AM on the days of Monda�ough Saturdav It shall be unlawful for anv persons or customers, other than the licensees or their emplovees to remain on a licensed premises for which a Late Hour Endorsement has been granted bv the Citv nor shall there be any consumption bv anv persons including the licensees and their emplovees on such premises, more than one half- hour after closin� operations for that day and, in no event, later than 2:30 AM. 2 That Chapter 603 of the Fridley City Code shall be amended to include the following language: 603.02 LICENSE REQUIRED No person, except wholesalers or manufacturers to the extent authorized under State License, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this Chapter. No person shall sell any intoxicating liquor on Sundays without obtaining a separate license for Sunday sales, as required by Minnesota State Statutes. No person shall sell anv intoxicating liquor after 1:00 a.m. without obtaining a special Late Hour License Endorsement for an existin� liquor license as provided in this Chapter. No Late Hour License Endorsement granted pursuant to this Chapter will be effective after Apri130, 2006. 603.06 SUNDAY AND LATE HOUR LIQUOR SALES The annual license fee for "Sunday Liquor Sales" shall be provided in Chapter 11. The annual fee for a license endorsement for Late Hour Liquor sales after 1:00 a.m., but before 2:00 a.m., shall be provided in Chapter 11. These fees are in addition to the fee charged for an "on-Sale" license. All provisions of this Chapter pertaining to the "on-Sale license shall apply to the "Sunday Liquor Sales" license, and the Late Hour Endorsement, insofar as practicable. 603.07 GRANTING OF LICENSES 2. Renewal Licenses B. At the earliest practicable time after application is made for a renewal of an "on- sale" license, and in any event prior to the time the application is approved by the City Council, the applicant shall file with the City Clerk a statement made by a Certified Public Accountant that shows the total gross sales and the total food sales. A foreign corporation shall file a current Certificate Authority. 603.10 CONDITIONS OF LICENSE 19. At the time of application for renewal of application of an"on-sale" license �ra ^„" T^+ u,,,,,. �,,,a,,,...o.,..o�+ +„ +�,.,+ �:,.o„�e� �e applicant sha11 submit proof to the City that the minimuxn percentage provided in Section 603.10.18 of the gross sa.les, derived from the sale of food and intoxicating liquors of the establishment, for which the "on-sale" license � r,,,.o u,,,,,. ��a,,,.�o,ro.,++,. ,-�,.,+,;,.�.,��, is to be used, is in the serving of food. A. Late Hour License Endorsement In addition to anv other reporting requirement that mav be imposed bv the municinal code anv licensee holding a Late Hour License Endorsement shall also nrovide proof to the citv that the minimum percenta��e provided in Section 603.10.18 of the �ross sales derived from the sale of food and intoxicating liquors of the establishment, for which the "on-sale" license is to be used is in the serving of food. "Proof' for purposes of this section shall consist of not less that a statement of accuracv, attested to by a certified public accountant accompanyin� a verifiable semiannual report of sales receipts based upon acceptable and recognized accountin� and bookkeepin� standaxds Separate statements are required for a license renewal and the renewal of any Late Hour Endorsement to that license. � 3 603.11 HOURS OF OPERATION 2. Notwithstandin� the foregoing a sale of intoxicatin�quor for consumption may occur on a licensed premises between the hours of 1:00 AM and 2:00 AM if the licensee has been �ranted bv the City a Late Hour Endorsement for that license. No sale of intoxicatin� liquor for consumption on anv license premises for which a Late Hour Endorsement has been granted bv the City shall occur between 2:00 AM and 8:00 AM on the davs of Mondav through Saturdav It shall be unlawful for any persons or customers, other than the licensees or their emplovees to remain on a licensed premises for which a Late Hour Endorsement has been granted by the Citv nor shall there be anv consumption b��persons, includin� the licensees and their emplo� es on such premises, more than one half-hour after closin� of operations for that dav and, in no event, later than 2:30 AM. That Chapter 606 of the Fridley City Code shall be amended to include the following language: 606.02 LICENSES REQUIRED No person shall sell, deal in or dispose of by gift, sale or otherwise, any liquor without first having obtained a license to do so from the City Council; provided, however, that this section shall not prohibit the given or serving thereof to guests in a private home, shall not prohibit the sale thereof by a manufacturer or distributor to a person holding a license thereunder, and shall in no way effect the operation of the municipal liquor stores. In addition to the fore og ing, no person shall sell anv intoxicatin�quor after 1:00 a.m. without obtainin� a �ecial Late Hour License Endorsement for an existin�quor license as provided in this Chapter No Late Hour License Endorsement granted pursuant to this Chapter will be effective after Apri130, 2006. 606.03 SUNDAY LIQUOR AND LATE HOUR SALES No person or organization sha11 sell any intoxicating liquor on Sundays without obtaining a separate license for said Sunday sales. The annual license fee for "Sunday Liquor Sales" shall be as provided in Chapter 11. The annual fee for a license endorsement for Late Hour Liquor Sa1es after 1:00 a.m. but before 2:00 a.m. shall be provided in Chapter 11. These fees are in addition to the fee charged for an"On-Sale" license. All provisions of the Chapter pertaining to the "On-Sale" license shall apply to the "Sunday Liquor Sales" license, and the Late Hour Liquor Sales endorsement, insofar as practicable. 606.11 HOURS OF OPERATION 3. Notwithstandin�the foregoing a sale of intoxicating liquor for consumption mav occur on a licensed premises between the hours of 1:00 AM and 2:00 AM if the licensee has been �ranted by the Citv a Late Hour Endorsement for that license. No sale of intoxicatin� liquor for consum�tion on anv license premises for which a Late Hour Endorsement has been granted bv the City shall occur between 2:00 AM and 8:00 AM on the davs of Monday through Saturdav. It shall be unlawful for anv persons or customers, other than the licensees or their emplovees to remain on a licensed premises for which a Late Hour Endorsement has been granted by the City nor shall there be any consumption b�y persons, includin� the licensees and their employees on such �remises, more than one half-hour after closure of operations for that day and, in no event, later than 2:30 AM. ' 4 Passed and adopted this day of , 2004 by the City Council of the City of Fridley. Attest: Debra A. Skogen, City Clerk First Reading: August 23, 2004 Second Reading: Publication: 5 Scott J. Lund, Mayor � q1Y OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 Date: September 7, 2004 To: William Burns, City Manager �t�'9�� G1V From: Scott Hickok, Community Development Director Stacy Stromberg, Planner Subject: Utility & Drainage Easement Vacation Request, City of Fridley M-04-118 INTRODUCTION On September 2003, the Council approved a preliminary plat to allow the creation of legal descriptions necessary to swap properties with the Klein's. The Klein's mortgage holders have requested that the unused utility easement, located under the swimming pool be vacated. Though the property is being replatted into a new configuration and legal description, a Council resolution is necessary to vacate the underlying easement. PLANNING STAFF RECOMMNEDATION City Staff recommends the Council approve the resolution vacating the Klein's utility easement as part of the approval of the final plat. 0 RESOLUTION NO. RESOLUTION TO VACATE AN EXISTING UTILITY EASEMENT VACATION ON LOT 13, BLOCK 1, INNSBRUCK NORTH 2ND ADDITION, GENERALLY LOCATED AT 1419 DANUBE ROAD. WHEREAS, The City Council approved the utility vacation request, SAV #04-04, for LOT 13, BLOCK 1, INNSBRUCK NORTH 2ND ADDITION at the September 13, 2004, meeting; and WHEREAS, The easement is unused; and WHEREAS, The easement is located through the Klein's in-ground pool; and WHEREAS, The Klein's mortgage holder requires the vacation to be vacated. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the 10' wide drainage and utility easement lying southwesterly of and adjacent to the northeasterly line of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13th DAY OF SEPTEMBER, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK 7 SCOTT LUND - MAYOR � � � C7TY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 September 7, 2004 William Burns, City Manager � �� Scott Hickok, Community Development Director Stacy Stromberg, Planner Final Plat Request, PS #03-05, City of Fridley M-04-119 INTRODUCTION City Staff is requesting a replat of City owned property located in Farr Lake Park and property located at 1419 West Danube Road, which is owned by Brendan and Cheryl Klein. The replat will allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. It has come to the City's attention that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these two pieces of property. The replat of these two pieces of land will simply allow both owners to benefit by owning the parcels they are currently using. PAST COUNCIL ACTION At the September 29, 2003, City Council meeting, a public hearing was held for PS #03-05. After a brief discussion, the City Council approved preliminary plat request, PS #03-05. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends approval of the final plat. ; RESOLUTION NO. A RESOLUTION APPROVING A SUBDIVISION, PLAT, PS #03-05, GENERALLY LOCATED AT 1419 WEST DANUBE ROAD WHEREAS, the Planning Commission held a public hearing on the Preliminary Plat, PS #03-05, on September 17th , 2003 and recommended approval; and WHEREAS, the City Council at the September 29, 2003, meeting approved the Preliminary Plat request; and WHEREAS, such approval was to create the legal descriptions necessary to facilitate a land exchange to correct encroachments into Farr Lake Park and property located at 1419 West Danube Road; and WHEREAS, the City has received the required signed Plat mylars from the owners. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley directs the petitioner to record this Plat at Anoka County within six (6) months or said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13T" DAY OF SEPTEMBER 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK 0 SCOTT J. LUND - MAYOR � AGENDA ITEM � CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 CfTY OF FRIDLEY Date: September 8, 2004 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Stacy Stromberg, Planner Subject: Property Exchange Request, Brendan & Cheryl Klein M-04-120 INTRODUCTION The attached resolution authorizes the exchange of properties with the Klein's. The Klein's will now own the land underneath their swimming pool and the City will own the portion of the Klein's lot where the bike trail exists. PLANNING STAFF RECOMMNEDATION City Staff recommends approval of the land exchange. The land exchange will resolve the encroachment issue. 10 RESOLUTION NO. RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA, APPROVING THE TRANSFER AND EXCHANGE OF CERTAIN PARCELS OF LAND WITH BRENDAN M. KLEIN AND CHERYL A. KLEIN. WHEREAS, Brendan M. and Cheryl A. Klein ("the Klein's") are the fee owners of Lot 13, Block 1 Innsbruck North 2°d Addition, Anoka County, Minnesota; and WHEREAS, the City is the fee owner of Fan Lake Park; and WHEREAS, a portion of the Klein pool encroaches into City property; and WHEREAS, the City currently has a trail easement over a portion of the Klein property; and WHEREAS, the two parcels of land are of approximately the same size; and WHEREAS, it is of mutual benefit to the City and the Klein's to exchange portions of these lots to eliminate the encroachment; and WHEREAS, the City found and continues to find that the proposed land exchange is in the best interest of the City and its citizens. NOW, THEREFORE, BE IT RESOLVED: 1. That the City convey to the Klein's that real property described as that 1,447 sq. ft. portion of Outlot E, Innsbruck North, Anoka County, Minnesota, labeled and described as Tract "A" on the attached sheet. 2. That the City accept from the Klein's that real �property described as that 1,550 sq. ft. portion of Lot 13, Block 1, Innsbruck North 2° Addition, Anoka County, Minnesota, labeled and described as Tract "B" on the attached sheet. 3. That the Mayor and City Manager are authorized to execute on behalf of the City any and all such documents and instruments as may be necessary to effect the foregoing on behalf of the City. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF SEPTEMBER, 2004. ATTEST: Deb Skogen, City Clerk 2osa2�_i 11 Scott Lund, Mayor r � CRY dF FRIDLEY DATE � FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 September 7, 2004 William W. Burns, City Manager ,r�� G� Scott J. Hickok, Community Development Director Paul Bolin, Assistant Director of HRA SUBJECT: Consider HRA Tax Levy for Taxes Payable in 2005 M04-121 Since 1996, the HR.A has utilized a tax levy to help support it housing rehabilitation programs. The levy is equal to .0144% of the taxable market value of all real estate and personal property in the City. The 2005 tax levy will allow the Authority to collect approximately $321,192. In terms of the impact on taxpayers, the levy would cost $28.80 per year for a home valued at $200,000 and $144.00 per year for a commercial property valued at $1,000,000. This tax levy was originally implemented to help fund the HRA's revolving loan program. In 1997, the City made a loan of $1.5 million to the HRA to capitalize the loan fund. In turn, the tax levy was used to make the debt service payments. The principal balance of the loan is now $541,244. The HRA unanimously approved the levy at their September 2, 2004, meeting. The City Council must consent to the levy before it can be placed on the tax rolls. As a final note, the HRA tax levy must be certified to the County Auditor by September 15, 2004. Recommendation Staff recommends that the City Council approve the attached resolution consenting to the HRA tax levy for taxes payable in 2005. As a final note, the HRA tax levy must be certified to the County Auditor by September 15, 2004. Attachment H:\My Documents�Paperless Agenda�2004 Council Dates\9-13-04\2005CC Memo (HRA Tax Levy).doc 12 RESOLUTION NO. A RESOLUTION CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CTTY OF FRIDLEY, NIINNESOTA ADOPTING A 2004 TAX LEVY COLLECTIBLE IN 2005. BE IT RESOLVED by the City Council (the "Council) of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority") at its regular meeting on September 2, 2004, adopted the attached HRA Resolution No. 2004-5: A Resolution Adopting A 2004 Tax Levy Collectible in 2005. 1.02. The Council must consent to any Authority levy prior to its becoming effective as required by Minnesota Statutes Section 469.033. Section 2. Consent. 2.01. The Council hereby consents to the HRA Resolution and to the levy described therein. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY, MINNESOTA THIS 13� DAY OF SEPTEMBER, 2004. ATTEST: DEBRA SKOGEN, CLERK G:\WPDATA�F�FRIDLEY�OS�I-IRA LEVY�DOCS\CITY RES - 2004.DOC 13 SCOTT LUND — MAYOR HR.A RESOLUTION NO. 2004-5 A RESOLUTION ADOPTING A 2004 TAX LEVY COLLECTIBLE IN 2005 BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority"), as follows: Section 1. Recitals 1.01. The Authority is authorized by Minnesota Statutes Section 469.033 to adopt a levy on all taxable property within its area of operation, which is the City of Fridley, Minnesota (the "City"). 1.02. The Authority is authorized to use the amounts collected by the levy for the purposes of Minnesota Statutes Sections 469.001 to 469.047 (the "General Levy"). Section 2. Findin�s 2.01. The Authority hereby finds that it is necessary and in the best interests of the City and the Authority to adopt the General Levy to provide funds necessary to accomplish the goals of the Authority. Section 3. Adoption of Lew 3.01. The following sums of money are hereby levied for the current year, collectible in 2005, upon the taxable property of the City for the purposes of the General Levy described in Section 1.02 above: Total General Levy: .0144% of Taxable Market Value Amount: Maximum Allowed by Law Section 4. Report to Citv and Filin� of Levies 4.01. The Executive Director of the Authority is hereby instructed to transmit a certified copy of this Resolution to the City Council for its consent to the General Levy. 4.02. After the City Council has consented by resolution to the General Levy, the Executive Director of the Authority is hereby instructed to transmit a certified copy of this Resolution to the County Auditor of Anoka County, Minnesota. PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA THIS 2t''D DAY OF SEPTEMBER 2004. ATTEST: William W. Burns, Executive Director 14 Lawrence R. Commers, Chairperson � � QTY OF FRIDLEY TO: �3�]u� AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 WILLIAM W. BURNS, CITY MANAGER r,�, �{y'N vt RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2004-1 DATE: September 8, 2004 Attached you will find the resolution directing preparation of the assessment roll for the Street Improvement Project No. St. 2004-1. This project included 67 properties. The assessment will be for 10 years at a rate of 6.5%. . � . ,� Attachment 0 15 RESOLUTION NO. -2004 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2004-1 WHEREAS, the costs for the Street Improvement Project No. ST. 2004-1 have been estimated to be $384,091.99 for the contract price for such improvement and $5,288.64 for expenses incurred in the making of such improvement so that the total estimated cost of the improvement is $389,380.63. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: The portion of the cost of such improvement to be paid by the City is hereby estimated to be $283,208.96 and the portion of the cost to be assessed against benefited property owners is declared to be $106,171.67. Assessments shall be payable in equal installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2005 and shall bear interest at the rate of 6.5 percent per annum from the date of the adoption of the assessment resolution. The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The clerk shall upon the completion of such proposed assessment, notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR `�� ! � CITY OF FRIDLEY TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 ✓ WILLIAM W. BURNS, CITY MANAGER � �� RICHARD D. PRIBYL, FINANCE DIRECTOR �� GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE ALLEY PAVING PROJECT NO. ST. 2003-3 DATE: September 8, 2004 Attached you will find the resolution directing preparation of the assessment roll for the Alley Paving Project No. St. 2003-3. This project included 15 properties. The assessment will be for 10 years at a rate of 6.5%. RDP/gt Attachment 17 RESOLUTION NO. -2004 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE ALLEY PAVING PROJECT NO. ST. 2003-3 WHEREAS, the costs for the Alley Paving Project No. ST. 2003-3 incurred in the making of such improvement is $21,336.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: The portion of the cost to be assessed against benefited property owners is declared to be $21,336.00. Assessments shall be payable in equal installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2005 and shall bear interest at the rate of 6.5 percent per annum from the date of the adoption of the assessment resolution. The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The clerk shall upon the completion of such proposed assessment, notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR : r � CRY OF FRIDLE1f TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 WILLIAM W. BURNS, CITY MANAGER � RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 2004 NUISANCE ABATEMENT DATE: September 8, 2004 Attached you will find the resolution directing preparation of the assessment roll for the 2004 Nuisance Abatement. This project included 2 properties. The assessment will be for 1 year at a rate of 6.5%. RDP/gt Attachment 19 RESOLUTION NO. -2004 RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 2004 NUISANCE ABATEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AS FOLLOWS: 1. It is hereby determined that the assessable cost to the following named improvernent to wit 2004 NUISANCE ABATEMENT including all incidental expenses thereto is estimated at $9,830.16. 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said improvement according to law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR 20 � t CRY OF FRIDLEY TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 WILLIAM W. BURNS, CITY MANAGER �, � �� RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR STREET IMPROVEMENT PROJECT NO. ST. 2004-1; ALLEY PAVING PROJECT NO. 2003-3; AND NUISANCE ABATEMENT PROJECT 2004-1 DATE: September 8, 2004 Attached you will find the resolution directing publication of the public hearing notice on the assessment rolls for the following projects: Street Improvement Project No. ST. 2004-1. This project included 67 properties. These properties will be assessed a total of $106,171.67. Alley Paving Project No. 2003-3. This project included 15 properties. These properties will be assessed a total of $21,336.00. Nuisance Abatement Project No. 2004-1. This project included 2 properties. These properties will be assessed a total of $9,284.16. The Public Hearing Notice will be published in the Focus newspaper on September 16, as required by State Statute. RDP/gt Attachment 21 RESOLUTION NO. -2004 RESOLUTION DIItECTING PUBLICATION OF THE PUBLIC HEARING NOTICE ON THE PROPOSED ASSESSMENTS FOR STREET IMPROVEMENT PROJECT NO. ST. 2004-1; ALLEY PAVING PROJECT NO. 2003-3; AND NUISANCE ABATEMENT PROJECT 2004-1 WHEREAS, by resolution passed by the Council on September 13, 2004, the Finance Director was directed to prepare the proposed assessments of the Street Improvement Project No. ST. 2004-1; Alley Paving Project No. 2003-3; and Nuisance Abatement Project No. 2004-1. AND WHEREAS, the Finance Director has notified the council that such proposed assessments have been completed and filed by his office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Hearings shall be held on the 4�' day of October, 2004 in the City Hall commencing at 7:30 p.m. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. The Finance Director is hereby directed to cause a notice of the hearings on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearings and he shall state in the notice the total cost of each improvement. He shall also cause mailed notice to be given to the owner of each paxcel described in the assessment rolls not less than two weeks prior to the hearings. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding yeax. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK 22 SCOTT J. LUND - MAYOR � � CffY 4F FRIDLEY Date: Memo to: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 10 September 2004 William W. Burns, City Manager � � Deborah K. Dahl, Director of Human Resources 2004 FIRE CONTRACT I am pleased to present the labor agreement and resolution outlining the terms and conditions of employment for Firefighters in 2004 (one year contract). Apart from any unintentional typographical errors, the following is a list of highlights or changes from the previous contract: 1) Article 21— Insurance The contract will be equal to the health, dental and life insurance benefits provided to non-union employees. 2) Article 22 — Cost of Living Adjustment Union members will receive a 2% COLA for 2004 (same as non-union employees). 3) No other changes to the current contract language. This contract is attached and ready for Council adoption and the Mayor's signature. I can be available for any questions you may have at the September 13, 2004, Council meeting. Thank you for your assistance on this process. DKD Attachments 23 RESOLUTION NO. - 2004 RESOLUTION AUTHORIZING SIGNING AN EMPLOYMENT AGREEMENT BETWEEN CERTAIN EMPLOYEES REPRESENTED BY LOCAL NO. 1986 WHEREAS, Firefighters Local No. 1986, as bargaining representative of the Firefighters of the City of Fridley, has presented the City of Fridley various requests relating to their employment contract with the City of Fridley; and - WHEREAS, the City of Fridley has presented various requests to the Union and to the employees relating to the Firefighters' employment contract with the City of Fridley; and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, agreement has now been reached between the representatives of the two parties on the proposed changes in the existing contract between the City and the Union; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit A) relating to the wages and working conditions of Firefighters Local No. 1986 of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF SEPTEMBER, 2004. ATTEST: DEBRA A. SKOGEN — CITY CLERK 24 SCOTT J. LUND - MAYOR � � CffY OF FRIDLEY Date: Aug. 24, 2004 William W. Burns M E M O R A N D U M City Manager To: Kim Hermann, President, IAFF Local 1986 Kevin Swanson, Treasurer, IAFF Local 1986 Renee Long, Secretary, IAFF Loca1 1986 _ From: William W. Burns �I�1'� CC: John Berg, Fire Chief John Crelly, Assistant Fire Chief Deborah Dahl, Director of Human Resources Ann Antonsen, Labor Relarions Associates Fritz Knaalc, City Attorney SUBJECT: 2004 Contract �� This memo is to officially accept your proposed a�eement submitted on 8/12/2004 for the 2004 Contract. The terms of the agreement are as follows: 1) 2% cost of living increase for 2004. 2) Insurance benefits will equal those of non-union employees for 2004. 3) No other changes to the current contract language. Attached is the contract for your review and signatures. If you have any fiirther questions, please call Debbie Dahl at 763-572-3507. Thank you. 1.�./: ._, � Attachment: 2004 Contract 25 LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL N0.1986 2004 EXHIBIT A 26 � FIREFIGHTERS LOCAL NO 1986 CONTRACT FOR 2004 TABLE OF CONTENTS ARTICLE PAGE I. PURPOSE OF AGREEMENT ...................................................................4 II. RECOGI�TI'TION ........................................................................................4 III. DEFII�TI'TIONS ...........................................................................................4 IV. EMPLOYER SECURITY .........................................................................6 V. EMPLOYER AUTHORITY .....................................................................6 VL LJNION SECURITY ..................................................................................7 VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ............................7 VIII. SAVINGS CLAUSE ..................................................................................10 IX. SEIVIORITY .................................................................................................10 X. DISCIPLINE ..............................................................................................10 XI. WORK SCHEDi.JLES ...............................................................................11 XII. Ar1N[JAL LEAVE .....................................................................................11 XIII. SHORT-'I'ERM DISABILITY ..................................................................12 XIV. OVERTIME ...............................................................................................13 XV. EMPLOYEE EDUCATION PROGRAMS ..............................................14 XVI. HOLIDAYS ................................ ��.Z��;�M[��ii' : �� ........................... ........................... XVIII. BEREAVEMENT LEAVE ............................................ XIX. JLJRY PAY ... 27 ...........................15 ...........................15 ...........................15 ...........................16 ,n� .- XX. UI�TIFORM ALLOWANCE ......................................... XXI. INSUR.ANCE ................................................................ XXII. R.ATES OF PAY ........................................................... XXIII. ADDITIONAL INCENTIVE PAY .............................. XXIV. SEVERANCE PAY ...................................................... XXV. WAIVER ....................................................................... XXVIDUR.ATION .................................................................. : .................16 .................16 .................17 .................17 .................17 ...17 ...18 ��I LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL N0.1986 ARTICLE I. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986, hereinafter called the LJNION. It is the intent and purpose of the AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpreta.tion and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II. RECOG1vITION The EMPLOYER recognizes the IJNION as the exclusive representative, under Minnesota. Statutes, Section 179.71, Subdivision 3, for all personnel in the following job classifications: 2.1. Firefighter. ARTICLE III. DEFIIVITIONS 3.1 Union The International Association of Firefighters Local No. 1986. 3.2 Union Member A member of the International Association of Firefighters Local No. 1986. r�'s. 29 3.3 Employee A member of the exclusively recognized bargaining unit. 3.4 Department � The City of Fridley Fire Department 3.5 Employer The City of Fridley. 3.6 Chief The Chief of the Fire Department for the City of Fridley. 3.7 Union Officer Officer elected or appointed by the Intema.tional Association of Firefighters Loca1 No. 1986. 3.8 Overtime Work performed at the express authorization of the ENIPLOYER in excess of the number of hours in a work period specified by the Federal Fa.ir Labor Standards Act. 3.9 Scheduled Shift A consecutive work period including two rest breaks and one or more meal breaks. 3.10 Rest Breaks Two twenty (20) minute periods during the SCHEDLTLED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 Mea1 Break A one (1) hour period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. - rd�� 30 3.12 Strike Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges of obligations of employment. 3.13 Base Rate of Pay The Employee's hourly rate of pay exclusive of longevity or any other special allowance. 3.14 Compensatory Time Time off during the employee's regularly scheduled work scheduled equal in time to 1.5 times overtime worked. 3.15 Severance Pay Payment made to an employee upon honorable sepazation of employment. 3.16 Sal� A fi�ced payment at regular intervals for services as set forth and agreed to in this contract. 3.17 Compensation Salary reduced by those amounts as required by law and/or authorized by the employee. ARTICLE IV. EMPLOYER SECURITY 4.1 The iJNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interferences with the normal functions of the EMPLOYER. ARTICLE V. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to esta.blish functions and programs; to set and amend budgets; to deternvne the utilization of technology; to establish and modify the organizational structure; to select, direct, and deteimine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. . �� 31 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT sha11 remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VI. LTNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly LJl�]ION dues. Such monies shall be remitted as directed by the iJNION. 6.2 The LJNION 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 and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting iTNION notice(s) and announcement(s). 6.4 The LJNION agrees to indemnify and hold the EMPLOYER hamzless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 7.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 Union Representatives The EMPLOYER will recognize REPRESENTATIVES designated by the IJNION as the grievance representa.tives of the bargaining unit having the duties and responsibilities established by this Article. The LTNION sha11 notify the EMPLOYER in writing of the names of such LJNION REPRESENTATIVES and of their successors when so designated as provided by Section 6.2 of the AGREEMENT. �� 32 7.3 Processing of a Grievance It is recognized and accepted by the Ul�tION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a iJNION REPRESENTATNE shall be allowed a reasona.ble amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the iJNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 Procedure 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-designa.ted representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and sha11 be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representa.tive's fitial answer in Step l. Any grievance not appealed in writing to Step 2 by the iTNION within ten (10) calendar days sha11 be considered waived. Step 2• If appealed, the wr�tten grievance shall be presented by the LJNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the iJNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER- designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the IJNION within ten (10) calendar da.ys shall be considered waived. Step 3 • If appealed, the written grievance shall be presented by the tJNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated Step 3 8 �. 33 representative shall give the LJNION 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 writing to Step 4 by the LJNION within ten (10) calendar days shall be considered waived. Step 4• A grievance unresolved in Step 3 and appealed to Step 4 by the iJNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of - 1971. The selection of an arbitrator sha11 be made in accordance with the "Rules Goveming and the Arbitration of Grievances" as established by the Public Employment - Labor Relations Boazd. 7.5 Arbitrator's Authority a. The azbitrator sha11 have no right to amend, modify, nullify, ignore, and to, or subtract from the terms and conditions of the AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the tJNION, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision sha11 be submitted in writing within thirry (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�ension. The decision sha11 be binding on both the EMPLOYER and the iJNION and shall be based solely on the arbitrator's interpreta.tion 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 born equally by the EMPLOYER and the iJNION provided that each party sha11 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 sha11 be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER' S last answer. If the EMI'LOYER does not answer a grievance or an appeal 9 �. 34 thereof within the specified time limits, the iJNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the LJNION in each step. 7.7 Choice of Remedy If, as a result of the written EMPLOYER response in Step 3, 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 either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee sha11 indicate in writing which procedure is to be utilized (Step 4 of Article VII 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 4 of Article VII. ARTICLE VIII. SAVINGS CLAUSE 8.1 The AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any provision of this AGREEMENT sha11 be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of the AGREEMENT sha11 continue in full force and effect. The voided provision may be renegotiated at the written request of either pariy. ARTICLE IX. SENORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Fire Department and posted in an appropriate location. Seniority rosters may be maintained by the FIRE CHIEF on the basis of time in grade and time within specific classifications. 9.2 During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in the employee's previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall _ be recalled from layoff on the basis of seniority. An employee on layoff sha11 have an opportunity to return to work within two yeazs of the time of that layoff before any new employee is hired. 9.4 Vacation periods to a maximum of two (2) weeks shall be selected on the basis of seniority until May 1�` of each calendar year. 10 � 35 ARTICLE X. DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause and disciplinaiy action may 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 written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasona.ble times under the direct supervision of the EMPLOYER. ARTICLE XI. WORK SCHEDULES 11.1 The normal work schedule for the employees of the Fire Department sha11 consist of a fifly (50)-hour workweek including hours worked on assigned shifts, holidays, and authorized leave time. The Department Mana.ger is responsible for scheduling and assigning the weekly work schedule. 11.2 The City claims the authority to schedule EMPLOYEE'S duty schedule. 11.3 It is recognized by the parties that service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis, other than the regularly scheduled hours. The employer will give advance notice to the employees affected by the establishment of workdays different than the normal employee's workday. 11.4 It is also recognized by the parties that service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. Employees who are regulazly scheduled to be on duty Saturday and/or Sunday will be granted two consecutive days off in lieu of Saturday and/or Sunday. ARTICLE XII. ANNUAL LEAVE 36 (%�� 12.1 Each employee shall be entitled to annual leave away from employment with pay. Annual leave pay sha11 be computed at the regular rate of pay to which such an employee is entitled. Because of changes in average hours per week and because of the relative adjustment of hourly wage rates, annual leave accumulations shall be recalculated as of the day prior to the effective date of this contract. Tota1 hours accumulated annualleave sha11 be divided by 11.33 and multiplied by 10.00 to calculate each EMPLOYEE'S adjusted annual leave accumulation. Henceforwazd EMPLOYEES sha11 accuxnulate and use annual leave based on ten (10.00) hour days. 12.2 A beginning employee shall accrue annual leave at the ra.te of eighteen (18) days per yeaz 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 yeaz, beginning with the eighty-fifth (85�') month of successive employment. An employee who has worked fifteen (15) years (180 consecutive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one hundred eighty-first (181� month of consecutive employment. 12.3 For an employee hired on or after January 1, 1984: The maximum total accumulation of annual leave at the end of any given year shall be r�.y (3o)-aays. Once a yeaz, at a time designated by the City, an employee who has completed five (5) years of service with the City will have the opportunity to exchange up to five (5) da.ys of accumulated annualleave for cash in the City's Annual Leave Sell-back option. 12.4 Upon separation from employment with the City, an employee will be paid one (1) day's salary for each day of accrued annual leave remainixig in the employee's balance. ARTICLE XIII. SHORT TERM DISABILITY 13.1 Each employee who has successfully completed the employee's probationary period sha11 be eligible for the short- term disability benefit. Such an employee shall be entitled to full pay commencing on the twenty-first (21 � consecutive working day on which the employee is absent due to a physician-certified iliness or injury off the job, and continuing until the employee returns to work able to carry out the full duties and responsibilities of the employee's position or through the one hundred and tenth (110�') working da.y of absence, whichever occurs first. Such an employee sha11 also be entitled to full pay commencing on the eleventh (11�') consecutive working day on which the employee is absent due to a physician-certified illness or injury on the job and continuing until the employee returns to 12 � 37 work able to carry out the duties and responsibilities of the employee's position or through the one hundredth (100�') working day of absence, whichever occurs first. The amount of any compensation for the short-term disability benefit shall be reduced by any payment received by the disabled employee from workers' compensation insurance, Public Employees Retirement Association disability 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 of spacing of episodes. The annual leave balance of any employee receiving short-term disability benefit shall not be reduced, nor shall such employee accrue annual leave during that period. 13.2 Before any short term disability payments are made by the City to an employee, the City - may request and is entitled to receive a certificate signed by a competent physician or other , medical attendant certifying to the fact that the entire absence was, in fact, due to the iliness '�, or injury and not otherwise. The City a.lso 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 in order to verify the illness or injury claimed. 133 If an employee's off-duty illness or injury exceeds one hundred (100) working days, the employee may draw from the employee's remaining annual leave in addition to those benefits to which the employee receives in accordance with the workers' compensation provisions. 13.4 If an employee's on duty related illness or injury exceeds one hundred (100) working days, the employee may draw from the employee's remauung annual leave in addition to those benefits to which the employee receives in accordance with the workers' compensation provisions. 13.5 When an employee exceeds the one hundred ten (110) working days (off duty) disability or one hundred (100) working days (on duty) disability and commences to draw on annual leave, the employee shall again accrue benefits in accordance with accepted City policy. ARTICLE XIV. OVERTIME 14.1 General: Hours worked in excess of the regularly scheduled fifty (50) hour work week shall be paid at the rate of one and one-half (1 1/Z) times the hourly rate calculated in accordance with the provisions of the Fair Labor Standazds Act. It is not required that an employee be scheduled to work more than the regularly fifty (50)-hour workweek, however, each employee has an obligation to work overtime if requested, unless circumstances prevent the employee from doing so. �� ,� : 14.2 Call Back: In the event an employee not working a regularly scheduled shift is called back to work, the employee shall be paid a minimum of one (1) hour at the overtime rate. And time worked in excess of one (1) hour will be calculated in fifteen (15) minute increments. To calculate the time worked on call back, time sha11 be considered to have started at the time of the alann or call. In the event there is a delayed response to work by the employee of fifteen (15) or more minutes, time sha11 be considered to have started when the employee arrives at work. ARTICLE XV. EMPLOYEE EDUCATION PROGRAMS 15.1 The City will pay certain expenses for certain education courses based on the following criteria. 21 The training course must have relevance to the Employee's present or anticipated career responsibilities. Attendance sha11 be at a City-approved institution. The course must be pre-approved by the Department Manager. 22 Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 15.2 Employee Education Programs Financial Policy Financial assistance not to exceed the amount of two thousand nine hundred twenTy-five dollars ($2,925.00) per EMPLOYEE per year will be extended to cover the cost of hzition, required books or educational materials, and required fees related to the course. Charges for student union membership, student health coverage and other charges for which the student receives some item or services other than actual instruction will not be paid. The City will pay fifty percent (50%) of the cost of tuition in advance of the EMPLOYEE'S actual participation in the course upon receipt of written evidence that the EMPLOYEE has paid the entire tuition for the course. Upon successful completion of the course an EMPLOYEE will be required to present to his/her Departrnent Manager a certification of satisfactory work. Satisfactory work is defined as follows: a. In courses issuing a letter grade, a C or above is required. b. In courses issuing a numerical grade, seventy percent (70%) or above is required. c. In courses not issuing a grade, a certification from the institution that the student satisfactorily participated in the activities of the courses is required. 15.3 If the employee satisfactorily completes the course, the employee will be reimbursed for the additional fifty percent (50%) of the tuition cost incurred as well as for the cost of any course required books, educational materials, or fees. If the EMPLOYEE fails to satisfactorily complete the course, the City will not reimburse the EMPLOYEE for these costs. 14 � � 15.4 The program will not reimburse the employee for hours spent in class, only for the tuition. 15.5 Expenses for which the employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 15.6 The City will not pay tuition or other costs for those, courses which are used to make the employee eligible for additional salary. ARTICLE XVI. HOLIDAYS 21.4 EMPLOYEES sha11 accrue ten (10) hours at their regulaz rate of pay for each scheduled City-designated holiday. Annual leave hours taken during a pay period shall be reduced by the number of holidays hours earned during that same pay period, unless the EMPLOYEE requests otherwise in advance in writing to the payroll division of the Finance Department. 21.5 Holidays designated by the City include: New Year's Day (January 1), Martin Luther King Jr. Birthday (the third Monday in January), Washington and Lincoln's Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Veterans' Day (November 11), Thanksgiving Day (the fourth Thursday in November), The Day After Thanksgiving (fourth Friday in November), and Christmas Day (December 25). Each yeaz, the City Council officially designates one additional holiday to be given to EMPLOYEES, which may vary from year to year and will be announced prior to the calendar year. 16.3 EMPLOYEES required to work on any of the City-designated holidays shall paid at the overtime rate (one and one-half times base rate) for all hours worked on the designated holiday between the hours of midnight and midnight. ARTICLE XVII. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. ARTICLE XVIII. BEREAVEMENT LEAVE 21.4 In the case that an employee's immediate family member occurs, the employee will be granted up to up to three (3) days of bereavement leave with pay. The City Manager may grant additional time off or time off without pay, depending on the situation. 21.5 For this purpose, members of the immediate family of the employee are considered to be the following: spouse, children (natural or adopted), parents, grandparents, grandchildren, ��, / .� siblings, parents-in-law, sisters-in-law, and brothers-in-law. Annual leave should be used to compensate an employee to attend funerals if the person is not immediate family. ARTICLE XIX. JURY PAY 19.1 It sha11 be understood and agreed that the City shall pay all regular full-time employees serving on any jury the difference in salary between jury pay and the employee's regular salary or pay while in such service. ARTICLE XX. UNIFORM ALLOWANCE 20.1 The EMPLOYER sha11 provide a uniform clothing allowance for Firefighters in the amount of $425 for 2004 contract year. ARTICLE XXI. INSURANCE 21.1 For the calendar year 2004, for Employees who choose single coverage of the base plan, the Employer will contribute up to $334.03 per month per employee toward health or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Fle�cible Benefit Plan. 21.2 For the calendar yeaz 2004, for Employees who choose dependent coverage for the base plan, the Employer will contribute up to $748.22 per month per employee toward health, or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.3 For the calendar year 2004, for Employees who choose dental coverage, the Employer will contribute up to $15 per month toward dental, or an amount equal to that provided to non- union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.4 The Employer will provide group term life insurance with a maxixnum of $25,000 per Employee and additional accidental death and disability insurance with a maximum of $25,000 per Employee (current cost is $4.75 per month), or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Fle�ble Benefit Plan. - 21.5 In accordance with the Employer's Flexible Benefit Plan, Employees have the option during an open enrollment period or during approved qualified events to decline health or dental insurance coverage, provided they provide proof of coverage elsewhere. In lieu of electing health and dental benefits, Employees may elect the option of having ten (10) additional Benefit Leave Days or a monthly cash benefit of $267, or the amount equal to or 16 � greater than the amount provided to non-union employees. Benefit Leave days are required to be used within in the calendar year and may not be carried into the following yeaz. ARTICLE XXII. RATES OF PAY 22.1 The hourly wage rates will apply for 2004, effective January 1, 2004 (Note: amounts may be rounded to two decimal points.) Firefighters First six months After six months After 1 1/2 years After 21/Z years After 3 %z years %��ZIJCj 15.92 16.73 17.55 18.42 19.37 ARTICLE XXIII. ADDITIONAL INCENTIVE PAY I[�IIIZ] 16.24 17.06 17.90 18.78 19.76 � 23.1 Incentive pay will be paid over and above the standard base rate or going rate of EMPLOYEES hired prior to January 1, 1974 according to the following schedule, provided employees have demonstrated progress towards improving their proficiency for their particular job title or job assignment. After 5 years of service $24 After 10 yeazs of service $48 After 15 years of service $72 ARTICLE XXIV SEVERANCE PAY 24.1 For all employees hired prior to January l, 1978, the severance pay policy shall be as follows: Any EMPLOYEE with forty-eight (48) or more consecutive months of employment will receive severance pay in cash based on one and one-half (1'/z) days for each twelve (12) consecutive months worked, but not to exceed thirty (30) days of the same. �_�� t�� .�i�iail � �i�� 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of the AGREEMENT, are hereby superseded. 17 42 0 25.2 The parties mutually acknowledge that during the negotiations, which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of the AGREEMENT. The EMPLOYER and the iJNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this agreement or with respect to any term or condition of employment not specifically referred to or covered in 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 negotiated or executed. ARTICLE XXVII. DURATION The AGREEMENT sha11 be effective as of January 1, 2004, and shall remain in full force and effect through the thirry-first da.y of December 2004. In witness whereof, the parties hereto have executed this AGREEMENT on this day of , 2004. SIGNATURES FOR THE CITY OF FRIDLEY: MAYOR -SCOTT J. LUND CITY MANAGER - WILLIAM W. BURNS FOR �HE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL N0.1986: � l'r RENEE LONG I hereby recommend to the City Council approval of this agreement. HUMAN RESOURCES DIRECTOR, DEBORAH K. DAHL — E:i 43 FIRE CHIEF - JOHN .. � � � Q1Y OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager e�� • DATE: i SUBJECT: September 9, 2004 2005 City Calendar Attached is a proposed 2005 City calendar which indicates City Council meetings, conferences and holidays. Budget work sessions were set for June 20 and October 17. Staff recommends that Council approve the attached resolution and the 2005 calendar of City Council meetings and holidays. Thank you for your consideration of this matter. WWB:rsc Attachments 45 RESOLUTION NO. RESOLUTION DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS FOR 2005 WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the City Council meet at a fixed time not less than once each month; and WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the Council sha11 meet at such times as may be prescribed by resolution; and WHEREAS, it is the intent of the Council to comply with the open meeting provisions contained in Minnesota Statutes 471.705 as interpreted by the courts; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that: 1. The Council will hold regulax meetings in the Council Chambers of the Fridley Municipal Center, commencing at 7:30 p.m. on the following Mondays in 2005: January 3, January 24, February 14, February 28, March 14, March 28, April 11, April 25, May 9, May 23, June 13, June 27, July 1 l, July 25, August 8, August 22, September 12, September 26, October 3, October 24, November 7, November 21, December 5 and December 12. 2. The Council will hold conference meetings at the Fridley Municipal Center, at which time matters are discussed but no formal action taken, commencing at 7:00 p.m. on the following Mondays in 2005: April 18, May 16, August 15 and November 14. 3. On the dates of regular Council meetings, Council information sessions will be held in the Fridley Municipal Center at 7:00 p.m. and following adjournment of each regular meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF SEPTEMBER, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK .� SCOTT J. 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Gerald Samuelson Robert Barnette Pam Wolf Scott Lund Pamela Reynolds Barb Goodwin Nathan Jones .• Approved By• NA NA NA NA NA NA NA City of Fridley AGENDA ITEM City Council Meeting Of Monday, September 13, 2004 � Electricai Donneliy Electric Inc 1126 Rice St Joe Sobanski St Paul MN 55117- Dymanyk Electric Inc 1915 NE Broadway St NE Jerry Dymanyk Minneapolis MN 55413-1758 General Contractor-Commercial First National Realty of Eagan 3984 Mica Trail Richard Heggemeyer Eagan MN 55122-2930 Minnesota Christian Homes of Fridley Inc 8310 University Ave NE Mike Prokott Fridley MN 55432-1171 Morcon Construction Inc 5905 Golden Valley Rd Jerry Jullie Golden Valley MN 55422- Pleasant View Homes Inc 8310 Pleasant View Dr Merl Lensing Mounds View MN 55112- General Contractor-Residential All American Roofing Remodeling (5160) 14749 Wake St NE James Piersiak Ham Lake MN 55304- Fisher Bldg � Remodeling (20290562) 2420 96 Way Steve Fisher Brooklyn Park MN 55444- 50 Approved Bv: State of M N State of M N Ron Julkowski Building Official Ron Julkowski Building Oificial Ron Julkowski Building Official Ron Julkowski Building Official State of M N State of M N . � Hackbarth Enterprises Corp (20082511) PO Box 303 Steve Hackbarth Waverly MN 55390- Heiderscheid Bros Const (20060354) 1532 164 Lane Pat Heiderscheid Ham Lake MN 55304- James Chimney 8 Masonry Repair (20232750) 10848 262 Ave Joseph James Zimmerman MN 55398- Ricks Roofing Siding Inc (3566) 256 Cleveland Ave SW Ricahrd Longnecker New Brighton MN 55112- Twin City Exteriors Co Inc (2535) 9060 Zachary Lane N Steven Patnode Maple Grove MN 55369- Wagener Construction Inc (20322148) 7250 181 Ave NW Tom Wagener Ramsey MN 55303- Window Academy Inc (20398809) 13405 Pineview Ct Michael Farrell Dayton Mn 55327- Heatinq Total Comfort 12800 Hwy 55 Heather Gonsior Plymouth MN 55441- Total Comfort 12800 Hwy 55 Amy Reed Plymouth MN 55441- 51 Approved By: State of MN State of MN State of MN State of MN State of M N State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Masonrv Gustafson Construction 3419 401 Ave NE Stanchfield MN 55080- Quality Concrete 8520 Bass Lake Rd • New Hope MN 55428- Plumbinq Boiler Services Inc 10327 Flanders St NE Blaine MN 55449-5711 Southside Plumbing � Heating 1919 Broadway St NE Minneapolis MN 55413- � Kevin Gustrafson James Evanov Jeremy Watkins John Boitman 52 Approved By: Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of M N � � AGENDA ITEM ��F CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 FRIDLEY INFORMAL STATUS REPORTS 53