11/08/2004 - 4580OFFICIAL CITY COUNCIL AGENDA
CITY COUNCIL MEETING
NOVEMBER 8, 2004
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FRIDLEY CITY COUNCIL MEETING
OF NOVEMBER 8, 2004
7:30 p.m. - City Council Chambers
Attendance Sheet
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� CITY COUNCIL MEETING OF NOVEMBER 8, 2004
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FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an
interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at
572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
BOARD OF CANVASS
Receive and Certify the Statement of Canvass
from the General Election of November 2, 2004 �"$
..........................................................
CITY COUNCIL MEETING
APPROVAL OF PROPOSED CONSENT AGENDA:
Q►PPROVAL OF MINUTES:
City Council Meeting of October 25, 2004
OLD BUSINESS:
1. Second Reading of an Ordinance to Amend the
City Code of the City of Fridley, Minnesota, by
Approving the Transfer and Exchange of Certain
Parcels of Land with Brendan M. Klein and Cheryl
A. Klein (Ward 2) ................................................................................................ 9,-11
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8 2004 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
2. Receive Proposals and Award Contract
for Design and Construction Administration
Services for the Commons Park Filter Plant
Upgrades....................................................................................................... 12
3. Approve 2004-2005 Winter Snow Removal
Policies and Procedures .............................. ....... 13 - 25
...............................................
4. Resolution for Agency Agreement befinreen the
City of Fridley and the Minnesota Department
ofTransportation ................................................................................................ 26 - 27
5. Resolution Approving and Authorizing Signing an
Agreement for Police Officers of the City of Fridley
Police Department for the Years 2004 and 2005 ............................................... 28 - 52
v
6. Approve Agreement for Legal Services Befinreen
the City of Fridley and Newquist & Ekstrum,
Chartered and Carl J. Newquist ......................................................................... 53 - 56
7. Appointment ....................................................................................................... 57
.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8 2004 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
8. Claims ....................................................................................................... 58
9. Licenses ....................................................................................................... 59
10. Estimates ..................... 60
..................................................................................
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes
PUBLIC HEARING:
11. Consideration of an Application for an
On-Sale Intoxicating Liquor License for
Applebee's Neighborhood Grill and
Bar Located at 6490 Central Avenue N.E.
(Ward 1) ........................................ 61 - 62
...............................................................
0
- NEW BUSINESS:
12. Informal Status Reports ......................... 63
............................................................
ADJOURN.
MINUTES OF THE
FRIDLEY CITY COUNCIL MEETING
OF OCTOBER 25, 2004
CITY OF FRIDLEY
CITY COUNCIL MEETING
OCTOBER 25, 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-at-Large Barnette
Councilmember Billings
Councilmember Wolfe
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Jon Haukaas, Public Works Director
Richard Pribyl, Finance Director
Rebecca Brazys, Recording Secretary
PROCLAMATION:
Mayor Lund presented a proclamation declaring November, 2004, as Values First
Month. Councilmember Barnette, co-chairman of Values First, accepted the
proclamation.
PRESENTATION: Fridley City Band
Mary Jane Olson, 119 Rickard Road, stated she is a member of the Fridley City Band
. and would like to reacquaint Council and the viewing public with the Fridley City Band
which has been playing for various community organizations for over 40 years.
* APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of September 27, 2004
City Council Meeting of October 4, 2004
APPROVED.
FRIDLEY CITY COUNCIL MEETING OCTOBER 25 2004 PAGE 2 OF 18
OLD BUSINESS:
1. Resolution No. 2004-59 to Vacate an Existing Drainage and Utility
Easement Vacation on Lot 13, Block 1, Innsbruck North 2"d Addition,
Generally Located at 1419 Danube Road (Ward 2) (Tabled September 13,
2004).
Dr. Burns, City Manager, explained this item was tabled at the September 13 Council -
meeting and the consent item brings it from the table. The easement is not used nor
expected to be used. Staff is recommending that the easement be vacated and the
land located beneath a portion of the Klein's swimming pool be swapped for land that ,
the Klein's own.
ADOPTED RESOLUTION NO. 2004-59.
2. Resolution No. 2004-60 Approving a Subdivision, Plat, PS #03-05, Generally
Located at 1419 West Danube Road (Ward 2) (Tabled September 13, 2004).
Dr. Burns, City Manager, stated this item was also tabled on September 13 and this
consent item brings it from the table. Staff is proposing this replat as a part of the
agreement between the City and Brendan and Cheryl Klein of 1419 West Danube Drive.
By this agreement, the City is trading a small portion of Farr Lake Park for a similarly
sized portion of the Klein's property. These properties have been incorporated into the
plat and the plat was approved by the Planning Commission on September 17, 2003.
Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2004-60.
NEW BUSINESS:
3. First reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Approving the Transfer and Exchange of Certain Parcels of
Land with Brendan M. Klein and Cheryl A. Klein (Ward 2).
Dr. Burns, City Manager, said staff recommends the exchange of Tracts A and B. The
exchange, easement vacation and replat complete actions necessary to correct the
encroachment by the Klein's swimming pool on City park land.
WAIVED THE READING AND ADOPTED THE ORDINANCE ON FIRST READING.
4. Receive the minutes from the Planning Commission Meeting of October 7,
2004.
RECEIVED.
I
FRIDLEY CITY COUNCIL MEETING OCTOBER 25 2004 PAGE 3 OF 18
5. Resolution No. 2004-61 to Vacate an Unimproved Portion of 53`d Avenue,
Generally Located at 5351 Central Avenue N.E. (Vacation Request, SAV
#04-02, by Menard, Inc.) (Ward 1)
Dr. Burns, City Manager, stated the portion of street being vacated is located north and
east of the former Ground Round site. Through the vacation the petitioner, Menards,
will obtain a 90 x 200 foot strip of land that they will use for parking lot reconfiguration.
The Planning Commission reviewed and approved this request at their October 6tn
meeting. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2004-61.
6. Resolution No. 2004-62 Certifying Certain Delinquent Utility Services to the
County Auditor for Collection with 2005 Taxes.
Dr. Burns, City Manager, stated staff has listed 335 delinquent accounts for a total
amount owed with penalties of $161,071. This figure compares with 311 delinquent
accounts and an amount owed of $115,817 for 2003. Those on the list have been
notified that their utility bills will be certified to the county and they have 30 days after
passage of this resolution to pay their bill in order to avoid certification and further
penalty. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2004-62.
7. Resolution No. 2004-63 Authorizing Changes in Appropriations for the 2004
Budget for January through October 2004.
Dr. Burns explained these changes may be attributed to unbudgeted revenues and
corresponding expenditures including: $32,777 in unbudgeted general fund revenues
and expenditures; and $21,096 in unbudgeted capital improvement revenues and
expenditures. These expenditures are for such things as insurance reimbursement for
police squads and for the MnDOT signal upgrade at University and 69th Avenue. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2004-63.
8. Resolution No. 2004-64 Appointing Additional Election Judges for the 2004
General Election.
Dr. Burns stated several of the people previously appointed have indicated they are not
available for the election. In order to provide adequate staffing for the election, staff
recommends the appointment of additional election judges. Staff recommends
Council's approval.
ADOPTED RESOLUTION NO. 2004-64.
FRIDLEY CITY COUNCIL MEETING OCTOBER 25 2004 PAGE 4 OF 18
9. Claims 118624 —118903
APPROVED.
10. Licenses:
APPROVED AS SUBMITTED AND AS ON FILE.
11. Estimates:
APPROVED THE FOLLOWING ESTIMATES:
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
2004 Street Improvement Project
No. 2004-1
Estimate No. 4
Ron Kassa Construction, Inc.
6005 250th East
Eiko, MN 55020
$17,971.74
2004 Miscellaneous Concrete Repair
Project No. 355
Estimate No. 3 $ 3,565.45
Michels Corporation
16500 West Rogers Drive
New Berlin, WI 53151
Sanitary and Sewer Lining
Project No. 354
Estimate No. 1
$59,363.70
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve
the consent agenda. -
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION •
CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA
MOTION by Mayor Lund, seconded by Councilmember Barnette, to adopt the agenda.
0
FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 5 OF 18
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORSI: Consideration of items not on agenda —15 minutes.
Mayor Lund asked audience members to refrain from using the open forum for lobbying
or campaigning for an issue or candidate.
Pete Eisenzimmer, 6535 Oakley Drive, asked how much the televised City government
meetings cost the taxpayers. He also restated his opinion that the sewer and water fee
issue should go to the voters and questioned why an increase is necessary when the
City is getting a 60% return on their costs. He also expressed his opposition to the
Council changing the City Charter.
Dr. Burns, City Manager, explained that the government meetings are televised on the
City's own channel and there is no cost for the air time.
Councilmember Wolfe commented that the City is merely trying to cover expenses, not
generate a profit.
Councilmember Billings disputed Mr. Eisenzimmer's claim that there is sufficient money
coming into the City to cover utility expenses. He explained that because the City
cannot raise the utility rates sufficiently, there is not enough money coming in to cover
those expenses. Also, the utility fees were not on the original ballot that the citizens
voted for. They were put in by an ad hoc committee that went to the Charter
Commission and the Charter Commission came to Council and Council approved the
change. The very same Charter Commission that added the utility fees is the same
Charter Commission that came to Council and asked that they be removed, which
Council did. Mr. Eisenzimmer and a group of citizens circulated a petition to have this
matter on the November ballot, which has been done. Council is doing exactly what Mr.
Eisenzimmer asked. The City is doing its best to give as much information as possible
to the public so they can understand what they are voting for.
Mr. Pribyl, Finance Director, stated the ballot question regarding the utility fees is
confusing. He reviewed the language for a clearer understanding of the issue. This
ballot question comes down to a"YES" or "NO" regarding water, storm sewer, storm
water and recycling fees. Currently water, sewer, storm water and recycling fees are
restricted as to the annual increase in fees by the City Charter. The Charter limits the
annual increase to the lesser of the inflationary index or 5%. Due to the continuing
losses in these funds attributable to pass-through expenses in excess of the revenues,
the question to the voters is whether they would remove water, sewer, storm water and
recycling fees from the annual limitation on the increase in the fees. A"YES" vote
would change the City Charter and remove only water, sewer, storm water and
recycling fees. A"NO" vote would keep the City Charter in tact and continue to limit the
annual increases to water, sewer, storm water and recycling fees. If there are any
FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 6 OF 18
questions, residents can visit the City website or watch for informational programming
on the City's cable channel.
Councilmember Wolfe stated if this referendum fails, the City will pay have to pay out of
tax funds approximately 9% of water and 7% of sewer bills for the residents.
Dr. Burns stated if the ballot question fails, the City has been forced to spend down the
money that the City has in reserve for replacement of equipment and fixed assets.
Consequently, the City does not have enough money to pay for replacement of fixed
assets and capital investment in the system. When that money is gone, the City will
have to look elsewhere for the funds.
Councilmember Wolfe asked Mr. Pribyl to explain how much this referendum would cost
the individual taxpayer.
Mr. Pribyl explained that on a monthly basis the senior rate would increase $1.64, the
average household increase would be $3.55 per month and a low user $2.43 per
monfh.
Mr. Haukaas, Public Works Director, explained that the pass-through costs the City
incurs include Xcel Energy to operate the electric pumps, and the Minnesota DNR
which charges permit fees for the City to have wells. The biggest expense to the City is
disposal of sewage. The sewage disposal fees have been going up 5% most years and
with the fee restrictions the City is facing, we are losing ground.
Mayor Lund commented that 73% of the residents' sewer bill goes for outside fees, with
the remaining 27% used to maintain the infrastructure in the City.
Mr. Pribyl stated that annually, staff conducts a cost of city services for 10 surrounding
communities and Fridley has been the lowest with respect to water and sewer. Even
with these proposed increases, Fridley would still be second to the lowest.
PUBLIC HEARING:
12. Consideration of proposed assessment for 2004 Nuisance Abatement
(Continued October 4, 2004).
MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom to open
the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Mr. Pribyl, Finance Director, stated this is the annual assessment for the properties the
City has expended resources for compliance in accordance with the City code. The first
abatement is for the property located at 7699 Highway 65 where a sump pump line was
FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 7 OF 18
instalied at a cost of $9,836.10. The second property is located at 7601 Arthur Street
which had an abatement regarding nuisance weeds at a cost of $113.16.
Mr. Haukaas, Public Works Director, reviewed the history of the abatement for 7699
Highway 65 stating that in 1985, the City and Dr. Wayne Dahl, owner, agreed to a land
swap in order to create a looped frontage road south of Osborne Road. Prior to this,
sump pump water from the building was drained to the east where the road was to be
- constructed. During construction, it was determined that the sump pump discharge
from the building was making the ground too wet to pave. As a solution, a 1 inch
, copper sump pump discharge line was connected from Mr. Dahl's building to the storm
sewer. The property owner has stated that this line plugged with silt and mineral
deposits shortly after it was installed. There was a disagreement between the sewer
foreman, Rusty Silseth, and the City Engineer, John Flora, at the time regarding the size
of this discharge line. After the line became plugged, the sump pump was directed into
the street during the summer and the sanitary sewer during colder months. In 1985,
such discharge was allowed into the sanitary sewer. In 1995, due to the rising costs to
treat sanitary sewer discharge, the City passed an ordinance requiring the separation of
sump pumps from the sanitary sewer. This information was widely distributed and
promoted to the entire City. Over 400 properties worked with the City to comply with
this ordinance. In September of 2002, staff noted that Dr. Dahl was in violation of this
ordinance and contacted him to take action to correct it.
Mr. Haukaas stated that Dr. Dahl contends that the City promised him they would install
a larger discharge pipe to fix the problem with the original 1-inch copper line. In
November, 2002, Mr. Silseth (retired since 1990) wrote a letter supporting Dr. Dahl's
claim. No documentation of such an agreement can be found by either the City or Dr.
Dahl to support this claim. If such an agreement was made by Mr. Silseth, it was
without the approval of his supervisors and beyond his authority. On November 5,
2002, the City initiated code violation proceedings against Dr. Dahl. This is a set
process that gives the property owner three options: correct the problem, request the
City to correct the problem and bill them, or have the matter reviewed by a hearing
examiner. Dr. Dahl chose to have the matter reviewed and a hearing was held before
attorney Karen Marty on January 6, 2003. On January 13, 2003, Ms. Marty ruled in
favor of the City. This finding was mailed directly to the City and Dr. Dahl. No action
was taken until May to allow Dr. Dahl time to appeal the ruling. We received no contact.
' Mr. Haukaas said on May 23, 2003, the City continued the code violation proceeding by
a letter stating that Dr. Dahl had two options to correct the problem. On June 13, 2003,
. staff received a letter from Dr. Dahl's attorney stating the City should fix the problem
and bill Dr. Dahl. A subsequent letter to the City Clerk stated their objection to the
assessment. Upon review with the City attorney, it was agreed the letter to the City
Clerk did constitute a proper objection to the assessment and could, therefore, be
considered on the record. In September of 2003, the problem was corrected in
cooperation and coordination with Dr. Dahl and the City's contractors. Dr. Dahl is now
being asked to reimburse the City for this work as agreed to.
FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 8 OF 18
Mr. Haukaas stated staff recommends that Council uphold the proposed nuisance
abatement assessment against Dr. Dahi.
Councilmember Billings questioned how Dr. Dahl was discharging his sump pump prior
to the placement of Viron Road and if the 1-inch pipe was put in for the City's
convenience in paving Viron Road and as a temporary fix.
Mr. Haukaas responded that the sump pump was being discharged to the yard behind
Dr. Dahl's building. In reviewing this matter, staff contacted retired sewer employees
who had worked for the City at that time and they indicated the pipe was put in to drain
the area to allow construction of Viron Road.
Councilmember Wolfe expressed his concern that this appears to be a problem
originally created by the City itself.
Councilmember Billings stated Mr. Haukaas has indicated that the former Public Works
Director indicated this was not meant to be a permanent fix for Dr. Dahl. He pointed out
that Dr. Dahl was in no worse condition with the installation of the 1-inch pipe than he
was before. There is no documentation stating that the City agreed to provide any kind
of inechanism to get rid of his sump pump water.
Mr. Jack Kirkham, 430 67th Av. N.E., stated he did not think Council should now back
out of that agreement.
Mayor Lund commented that it would not be customary for the City to assist private
residents in this matter. He believes the 1-inch pipe was a temporary fix for the City's
benefit. There are other residents who complied with new regulations and Dr. Dahl
should do the same.
Councilmember Bolkcom asked if Dr. Dahl realized this matter was being discussed at
this meeting.
Mr. Haukaas stated he did not inform Dr. Dahl.
Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., questioned why the City would install a
1 inch copper pipe in this situation. He believes this problem should be corrected by the
City.
MOTION by Councilmember Billings to close the public hearing.
MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to table this
matter until November 22, 2004.
Councilmember Wolfe asked Mr. Haukaas to notify Dr. Dahl via written correspondence.
FRIDLEY CITY COUNCIL MEETING. OCTOBER 25, 2004 PAGE 9 OF 18
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OLD BUSINESS:
13. Resolution Adopting the Assessment for the 2004 Nuisance Abatement
(Tabled October 4, 2004).
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to table this
matter until November 22, 2004.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
NEW BUSINESS:
14. First Reading of an Ordinance of the City of Fridley, Minnesota, Amending
Chapter 30 of the Fridley City Code by Imposing Additional Requirements
on Licensed Organizations Conducting Lawful Gambling within the City.
Mr. Pribyl, Finance Director, stated this change was drafted at the request of the Mayor.
Notices were mailed to all licensed establishments in the City. The proposed changes
are as follows:
No licensed organization shall be permitted to conduct lawful gambling within the City of
Fridley until it has first established any of the following: a) that a majority of its
membership resides within the City of Fridley; or b) that a majority of its Board of
Directors or any similar such body resides within the City of Fridley; or c) the
organization conducts at least 80% of all its non-gambling related acti�ities or events
within the City of Fridley." At the time of application for renewal, the applicant shall
submit proof that these requirements have been met. "Proof" for purposes of this
section shall consist of not less than a sworn affidavit establishing compliance with
either "a" or "b" above; or a statement provided by a Certified Public Accountant (CPA),
attesting to the percentage of expenses related to non-gambling activities, as compared
to total expenses of the full organization. The certified statement provided by a CPA
shall be accompanied by a verifiable annual report of expenditures based upon
Generally Accepted Accounting Principles (GAAP) and other industry related standards.
Any organization holding a license to conduct lawful gambling within the City of Fridley
on August 1, 2004, that does not comply with the above-stated restrictions will be
permitted to continue holding an unlawful gambling license in the City of Fridley without
complying with these restrictions until April 30, 2007.
Notwithstanding the foregoing provisions, any organization that operates as a single
entity exclusively for charitable purposes throughout the State of Minnesota that: 1) has
no fewer than 6 other lawful gambling locations licensed outside of the City of Fridley;
FRIDLEY CITY COUNCIL MEETING. OCTOBER 25, 2004 PAGE 10 OF 18
and 2) has had a verifiable annual budget in excess of ten million dollars annually, shall
be exempt from these requirements.
Mayor Lund said he received complaints from organizations that would like to have the
chance to hold a charitable gaming license in the City, but there is a limited amount of
opportunities. Those organizations sought opportunities outside Fridley only to be
denied by nearby communities because they have a more restrictive ordinance. He
asked the City Attorney why there was a need for the "sunset" date for those
organizations that currently do not meet the requirements and why the provision
exempting large organizations from these restrictions.
Mr. Knaak, City Attorney, responded the concern raised was whether this proposed
amendment would result in an immediate hardship to organizations that are currently
conducting charitable gambling within the City that would not be able to comply in the
near term with the new restrictions. Language was created to provide a reasonable
period of time these organizations could come into compliance, or prepare themselves
for the eventuality that they would no longer be allowed to conduct lawful gambling in
the City. Three years was considered to be a reasonable length of time.
Councilmember Billings asked Mayor Lund what organizations might now be able to get
into the City of Fridley that could not before this proposed amendment
Mayor Lund stated he has had a few conversations with organizations that are present
tonight and he will let them speak for themselves.
Councilmember Wolfe questioned if the amendment addresses what the City would do
if a restaurant had a long-term relationship with a specific organization that may not
meet the new criteria.
Mr. Knaak said the organization would have to comply within the three-year period.
Councilmember Bolkcom pointed out that the deadline for compliance is April 30, 2007,
which is not a full three-year period.
Mr. Jim Marino, CEO of the Italian-American Foundation, stated they have been
operating lawful gambling at the Main Event for eight years and have enjoyed a good
relationship with the City and Main Event. For the last fiscal year, which ended on June
30, net profits from that location were $26,321.20. From that amount, $15,000 was
donated to the high school for scholarships, $5,500 was donated for the STRIDE
program, $4,500 was donated to 49'er Days and $500 was donated to the Fridley Fire
Department National Fire Safety program for a total of $25,500. He commented that
charitable gambling is down, but their relationship with Fridley has been excellent. In
addition, there have been Fridley students who received scholarships directly from the
Italian-American Foundation.
Mayor Lund said it was not his intent to exclude the Italian American Club or any other
organization.
FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 11 OF 18
Councilmember Bolkcom asked if the Italian-American Club would qualify under the
new restrictions.
Mr. Marino responded it would not.
Mr. Todd Christenson, 7800 Pearson Way, stated he is a r
Fridley and works with the Fridley Wrestling Boosters. Tr
attempts within and outside the community but has been
from lawful gambling. He questioned if the figures quoted
actual profits or were after expenses. He'd lilce to see the
stay in the community.
esident and businessman in
iat group has made several
unable to reap any benefits
by Mr. Marino reflected the
money from lawful gambling
Mayor Lund pointed out that the proposed change does not change the requirements as
far as where the money must go. The ordinance will continue to read that such
organizations must donate 50% of their revenues to the trade area, which includes 9
communities that border Fridley.
Mr. Christenson commented that other communities have restrictions on charitable
gambling and there must be a reason for those restrictions.
Councilmember Bolkcom asked if the Fridley Wrestling Boosters would qualify under
the new restrictions.
Mr. Christenson responded that they would.
Councilmember Bolkcom asked if all surrounding communities have such restrictions.
Mr. Pribyl stated some communities are more restrictive and others are less.
Councilmember Barnette asked if the organizations have to ask permission of the City
or if they can approach bars and restaurants directly.
Mr. Pribyl stated they would contact the restaurant directly. As a part of their liquor
license, that restaurant would have an endorsement allowing lawful gambling.
Councilmember Billings stated it is his understanding that the profits from charitable
gambling are calculated on forms provided by the State of Minnesota. The $26,321.20
figure was in fact the profit for the Italian-American Club for charitable gambling and that
figure was not reduced by other expenses.
Mr. Marino indicated that is correct.
Mr. Jeff Cerisier, DeLaSalle High School gambling manager, stated they are new to the
City of Fridley and are located at Broadway Pizza on 85t" and University. He explained
their organization would be affected by the new ordinance and would not be able to
comply. He stated there are currently four students at DeLaSalle from the City of
Fridley. More than 50% of their students receive financial aid. Lawful gambling
FRIDLEY CITY COUNCIL MEETING OCTOBER 25 2004 PAGE 12 OF 18
provides that financial aid but does not come anywhere near covering the cost of the
financial aid, which amounts to nearly $1 million per year. DeLaSalle files monthly
forms with the City of Fridley detailing their gambling activity, how much is spent, how
much is taken in and how much is given back.
Ms. Maureen Vachuska, 4930 Madison Street N.E., gambling manager for the Church
of the Immaculate Conception, stated they have four nights of pull tabs and finro nights
of bingo in conjunction with the Knights of Columbus in Fridley. The majority of the
profits go towards keeping the Immaculate Conception school open. She pointed out
that the state has certain criteria an organization must follow to participate in charitable
gambling, so a group cannot simply decide they want to do charitable gambling without
meeting those criteria.
Councilmember Bolkcom asked if Immaculate Conception uses some of the funds for
scholarships and whether or not there are any Fridley students who benefit.
Ms. Vachuska responded they do use the funds for scholarships and there are quite a
few Fridley students, but she did not know the total number.
Councilmember Bolkcom asked if Immaculate Conception would qualify under the new
ordinance.
Ms. Vachuska stated they probably would not, but added that there may be a fine line
because the Knights of Columbus is in Fridley.
Mr. Bill Lepsch, 4608 Second Street N.E., stated he is a 28-year Fridley resident and
the assistant gambling manager for the Knights of Columbus. He asked if the purpose
of this ordinance was to keep the funds local, why the exemption for the larger state-
wide organizations. He asked if the organizations from outside the City are subject to
the 3% tax and 50% donation minimum in the trade area and whether or not their
reports are public records.
Mr. Pribyl explained all organizations licensed in the City of Fridley must comply with the
lawful gambling requirements.
Councilmember Bolkcom explained the exemption is to allow organizations, such as the
Red Cross, to participate in charitable gambling. She asked if the Knights of Columbus
will qualify under the new ordinance.
Mr. Lepsch responded the board membership varies every year, but since their site is in
Fridley and 90% of their events are in the City of Fridley, so they would qualify.
Ms. Vachuska stated each year these organizations have to have an annual audit. She
asked if the City would accept the annual audit or will there be an additional report
required at more expense to the charity.
FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 13 OF 18
Mr. Pribyl explained that the auditor would have to attest to the requirement in the
proposed City ordinance. The City could not just accept the audit.
Mayor Lund asked the City Attorney to clarify the $10 million figure referred to in the
proposed ordinance change.
Mr. Knaak explained the $10 million figure would refer to the size of the annual budget
for the entire organization. Council can lower the amount.
Mr. Steve Anderson stated he is the Vice President of the Tri-City Hockey Association.
He said he was concerned to learn that the Spring Lake Park hockey program operates
lawful gambling in a Fridley bar. He expfained that he would like to see priority
consideration given to Fridley organizations over outside groups.
Councilmember Wolfe asked if Tri-City Hockey would meet the new criteria.
Mr. Anderson stated he believes they would as all their practices are at Columbia Arena
and their board meetings are held in Fridley. The board is 75% Fridley residents and
80% to 90% of the participants live in Fridley.
Councilmember Barnette explained that one-fourth of the students in Spring Lake Park
schools live in Fridley.
MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom to receive
the correspondence dated October 25, 2004, from the Minnesota Sports Federation.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Councilmember Bolkcom asked that the correspondence regarding this matter that was
included in the Council's packet be reviewed.
Mr. Pribyl reviewed the correspondence stating that CLIMB Theater asked Council not
to change the City ordinance as it relates to charitable gambling; Spring Lake Park
Lions Club asked for an exemption if this ordinance is approved; Sandee's Restaurant
expressed concern about this proposed change; and the Fridley Lions Club questioned
the exemption for large organizations.
MOTION by Mayor Lund, seconded by Councilmember Billings, to waive the reading
and approve the ordinance on first reading.
Mayor Lund stated he brought this matter forward in response to concerns from several
organizations, but it was not his intent to exclude existing organizations. He added that
he is uncomfortable approving an ordinance that will help some but force others out of
the City.
FRIDLEY CITY COUNCIL MEETING OCTOBER 25 2004 PAGE 14 OF 18
Mr. Knaak said the current ordinance does restrict the number of locations for any one
organization to no more than two within the City and the proposed language would not
change that.
Councilmember Billings stated that while he appreciates the reason for bringing this
change forward, the current organizations that are not Fridley based are doing a good
job of getting their money into the City of Fridley and helping Fridley residents. He
thinks the proposed ordinance change would merely trade organizations that are
helping one aspect of the City of Fridley in order to get organizations that also help the
citizens of Fridley a little differently. He stated those organizations trying to set up lawful
gambling should go directly to the Fridley locations that are licensed rather than going
through the City.
Councilmember Wolfe stated he understands the Mayor's interest in proposing this
ordinance change, but he pointed out that groups representing specific interests, such
as wrestling or hockey, would use the proceeds from the gambling for their interests
only, not for wide-spread uses such as currently established organizations do.
Councilmember Barnette commented that as sensitive as he is to the needs of Fridley
organizations, he cannot support this proposed ordinance, particularly because of how it
would impact organizations currently established.
Councilmember Bolkcom expressed concern that this ordinance would be hurting some
organizations for other organizations' gain. She added that Sandee's Restaurant
indicated they have never been approached by a Fridley organization.
Councilmember Billings stated he appreciates Mayor Lund bringing this matter forward
because now there will be an action by the City Council that will let the residents know
where Council stands on this issue. This discussion also enlightens Fridley residents as
to what happens to the charitable gambling dollars in the City.
Mayor Lund commented that he believes it is unfair that other communities have these
types of restrictions, but he is concerned that some organizations would be hurt in an
effort to help others.
UPON A VOICE VOTE, ALL VOTING NAY, MAYOR LUND DECLARED THE
MOTION TO APPROVE THE FIRST READING OF THIS ORDINANCE FAILED ON A
UNANIMOUS VOTE.
15. Resolution No. 2004-65 to Vacate an Unimproved Portion of Carlton Street,
Generally Located at 1420 Rice Creek Road NE and an Unimproved 12 Foot
Alley Way on the Northeast Side of the Property Located at 1420 Rice Creek
Road NE (Vacation, SAV #04-03, by Yoava Klucsar).
FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 _ PAGE 15 OF 18
16. Preliminary Plat Request PS #04-05 by Yoava Klucsar to Divide One Single
Family Lot into Two Single Family Lots, Generally Located at 1420 Rice
Creek Road NE.
Mr. Hickok, Community Development Director, stated Mr. Klucsar is seeking a vacation
of an unimproved portion of Carlton Street and an unimproved 12-foot alley on the
northeast side of his property. These vacations will allow platting without any
encumbrances. The petitioner is also seeking to replat his property to divide it into two
single family lots. The existing home was built in 1951 and the garage on the east side
of the lot was built prior to 1949 or was built without a permit. The second garage was
constructed in 1991 and is located next to the home. To allow construction of that
garage, a variance was granted to increase the total floor area of all accessory buildings
from 1,400 square feet to 1,932 square feet. If Council approves this request, that
previous variance will no longer be an issue. The lot is 193 x 238 feet for a total square
footage of 42,208. The petitioner plans to subdivide the lot with one lot to
accommodate the existing home and garage and the other to accommodate the original
garage and allow for construction of a single family home. Fridley requires the lots in an
R-1 district be a minimum of 75 feet in width and a minimum total area of 9,000 square
feet. The first lot will be 117 feet in width with 28,461 square feet and the second lot will
be 77 feet in width with 17,747 square feet after the replat. While preparing the
preliminary plat, the surveyor discovered an unimproved 30 foot portion of Carlton
Street and unimproved 12 foot alley way that had never been vacated. Neither the
street nor the alley could be utilized or connected and there are no underground utilities
that would stop them from being vacated.
Mr. Hickok stated the Planning Commission reviewed this petition on October 6 and
recommended approval of the proposed street and alley way vacation and the
preliminary plat with the following stipulations. Staff recommends concurrence with the
Planning Commission's recommendation.
1. Property owner of record shall obtain all necessary permits prior to construction.
2. Property owner of record at time of building permit application to pay required
$1,500 park fee prior to issuance of building permits.
3. Property owner of record at time of building permit application to pay all water
and sewer connection fees prior to issuance of a building permit.
4. Petitioner to properly maintain Lot #2 until sale occurs.
5. Provide proof that any existing wells or individual sewage treatment systems
located on the site are properly capped or removed.
6. Petitioner shall provide easements as shown on preliminary plat drawing.
FRIDLEY CITY COUNCIL MEETING OCTOBER 25 2004 PAGE 16 OF 18
7. The garage on Lot 2
residential home is not
shall be demolished a
district.
shall remain for a maximum of one year. If the new
constructed within that one year timeframe, the garage
s garages are accessory uses in a single family zoning
8. The garage on Lot 2 shall be made compatible with the future residential
structure on this site, through the addition of a residential roof design and siding.
MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to adopt
Resolution No. 2004-65, with the stipulations recommended by staff.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to approve
Preliminary Plat Request, PS #04-05, by Yoava Klucsar to divide one single family lot
into two single family lots, generally located at 1420 Rice Creek Road NE.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
17. Resolution of the Fridley City Council about the Springbrook Nature
Center.
Councilmember Billings stated he drafted this resolution because there was a lot of talk
in the City about matters on which the Council had made no decisions. The only
purpose of the resolution was to make the public aware.
Councilmember Wolfe referred to information in one of the local newspapers claiming
that if the levy is not successful a larger Public Works budget would be required. He
pointed out that the City has maintained this park for 30 years. There was also a claim
that Springbrook Nature Center is a factor for many people purchasing homes in
Fridley, yet a review of recent home sales records revealed no remarks regarding
Springbrook. He commented that Council is not taking sides on the Springbrook
referendum by simply telling the truth.
Councilmember Bolkcom stated misinformation is typical in many political campaigns.
She recommended that the residents contact the City Manager if they have questions
regarding Springbrook.
Councilmember Wolfe commented that the Springbrook levy is not the only tax increase
affecting Fridley residents.
Councilmember Billings stated again if Council wishes to table this resolution until after
the vote on the referendum, we will know whether we need to go into more detail.
FRIDLEY CITY COUNCIL MEETING, OCTOBER 25. 2004 PAGE 17 OF 18
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to amend
the resolution to add the following language: Be it further resolved that the City Council
of the City of Fridley has not made any determination with regard to the continuance of
any fees to be charged for the use of the Nature Center.
MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to table
this resolution.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
TO TABLE CARRIED UNANIMOUSLY.
18. Informal Status Reports:
Councilmember Billings stated Council received a copy of correspondence from Mr.
Hickok to Dr. Burns stating that on October 15, 2004, the Islamic Center submitted their
application for an expansion of their school located at 1401 Gardena Avenue.
Councilmember Billings stated this is the first official action by the Islamic Center with
the City and in the next several weeks staff will be reviewing the application to
determine if it meets City code. This matter will be scheduled for a hearing by the
Planning Commission on November 17 and letters will go out to every property owner
within 350 feet of the Islamic Center. City Council will review the Planning
Commission's recommendation at their December 13 meeting.
Mayor Lund stated the Fridley Historical Society is holding their first Hall of Fame event
to recognize 10 Fridley residents who have given their time and talent to the betterment
of Fridley. This will take place at the Knights of Columbus at noon on Saturday,
November 6.
Councilmember Bolkcom thanked everyone who attended the housing forum. The final
forum is scheduled for Thursday, November 18, at 7:00 p.m. at the Fridley Community
Center.
ADJOURN:
MOTION by Councilmember Barnette, 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 10:21 PM.
Respectfully submitted by,
Rebecca Brazys Scott Lund
Recording Secretary Mayor
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FRIDLEY
TO:
FROM:
SUBJECT:
AGENDA ITEM
BOARD OF CANVASS MEETING OF
NOVEMBER 8, 2004
WII.,LIAM W. BURNS, CITY MANAGER ��!+
RICHARD D. PRIBYL, FINANCE DII2ECTOR
DEBRA A. SKOGEN, CITY CLERK
CANVASS REPORT OF GENERAL ELECTION — NOVEMBER 2, 2004
DATE: November 4, 2004
A general election was held on Tuesday, November 2, 2004, for the offices of Mayor and
Councilmember-At-Large and for two ballot questions. Attachment 1 is the Statement of Canvass for
this election. State Law states that the City Council must canvass the results within 7 days of the election.
I have included the total number of ballots cast in the city for this election, the total number of votes for
each candidate and ballot question (which includes over-votes, under-votes and write-ins where
applicable), a true copy of the ballot, and the names of the election judges as required.
There were a total number of 14,984 registered voters at 7:00 a.m. and 3,184 Election Day registrations
for a total number of 18,168 registered voters. 14,576 registered voters cast a ballot in the City thereby
giving the City a voter turnout of 80.2%.
Staff recommends a motion accepting and certifying the results of the election.
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CffY OF
FRIDLEY
DATE
IC�'.
�;Zi7TF
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 8, 2004
November 4, 2004
William W. Burns, City Manager ���
Scott J. Hickok, Community Development Director
Stacy Stromberg, Planner
SUBJECT: Second Reading of an Ordinance to amend the City Code of the
City of Fridley, Minnesota, by approving the transfer and exchange
of certain parcels of land with Brendan M. Klein and Cheryl A Klein
(Ward 2)
INTRODUCTION
The attached ordinance authorizes the exchange of properties between the City
and the Kleins. The Kleins will now own the land underneath their swimming
pool, and the City will own the portion of the Kleins' lot where the bike trail exists.
PLANNING COMMISSION ACTION
At the October 6, 2004, Planning Commission meeting, a public hearing was held
for the land exchange between the City and the Kleins. After a brief discussion,
the Planning Commission recommended approval of the land exchange befinreen
the City and the Kleins.
THE MOTION CARRIED UNANIMOUSLY.
CITY COUNCIL ACTION
The City Council Approved the First reading of this ordinance at their October 25,
2004 meeting.
PLANNING STAFF RECOMMENDATION
City Staff recommends approval of the land exchange and second reading of the
attached ordinance.
M-04-145
�
�
ORDINANCE NO.
AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,
NIINNESOTA, BY APPROVING THE TRANSFER AND EXCHANGE OF CERTAIN
PARCELS OF LAND WITH BRENDAN 1VI. KLEIN AND CHERYL A. KLEIN.
WHEREAS, the City of Fridley, Minnesota., owns certain property on which property fixtures
and improvements by an adjoining landowner have encroached; and
WHEREAS, it would be to the benefit and advantage of the City of Fridley, Minnesota, that
certain land on which a pathway easement is located in the City to benefit the public would be
converted to fee ownership in the City; and
WHEREAS, the Fridley City Charter Chapter 12.06., SALES OF REAL PROPERTY, requires
that no real property of the City shall be sold or disposed of except by ordinance and that the
proceeds of any such sale shall be used as far as possible to retire any outstanding indebtedness
incurred by the City in the purchase, construction, or improvement of this or other property used
for the same public purpose; but if there is no such outstanding indebtedness, then the Council
may by a resolution adopted by an affirmative vote of at least four (4) members of the Council
designate some other public use for such proceeds; and
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 Farr Lake Park with no outstanding indebtedness; and
WHEREAS, the Kleins have inadvertently encroached upon the City's Farr Lake Park property
by constructing improvements thereon; and
WHEREAS, the City has, from the Kleins, obtained easements for use for pathway purposes but
would prefer to own its interest in the property in fee; and
WHEREAS, the two parcels of land are of approximately the same size; and it is of mutual
benefit to the City and the Kleins to exchange portions of these lots to eliminate the
encroachment; and
WHEREAS, The City finds that the proposed land exchange is in the best interest of the City and
its citizens.
WI�REAS, the description of the property that the the City would convey to the Kleins is
described as that real properiy 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.
10
WHEREAS, the description of the property that the City would accept from the Kleins is that
real property described as that 1,550 sq. ft. portion of Lot 13, Block 1, Innsbruck North 2"d
Addition, Anoka County, Minnesota., labeled and described as Tract "B" on the attached sheet.
IT IS, THEREFORE, HEREBY ORDAINED BY TI� CITY OF FRIDLEY, that in accordance
with City Charter, this land shall be disposed of in a land exchange, rather than a sale.
IT IS FURTHER ORDAINED that the City convey to the Kleins 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, and
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"a Addition, Anoka County, Minnesota, labeled and described
as Tract "B" on the attached sheet.
IT IS FURTI�R ORDAINED 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 T'HE CITY OF FRIDLEY THIS 8'�
DAY OF NOVEMBER, 2004.
ATTEST: Deb Skogen, City Clerk
Public Hearing: October 25, 2004
First Reading: October 25, 2004
Second Reading: November 8, 2004
Publication: November 18, 2004
11
Scott Lund, Mayor
�
�
�
CITY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 8, 2004
�
Wiliiam W. Burns, City Manager��
�
Jon . aukaas, Public Works Director
hovember 2, 2004
Award of Design and Construction Administration Contract
Commons Park Filter Plant Upgrades
PWO�-077
The City went out for proposals for design and construction administration services for the
2005 CIP upgrades to the Commons Filter Plant to five local consulting firms with experience
in this area. Ail five firms responded.
Two proposals received stood out from the rest The proposals were from Mr. I`laeem Qureshi
of Progressive Consulting Engineers (PCE) and from Mr. Thomas Roushar of Bonestroo Rosene,
Anderlik 8� Associates (BRA�. Both firms have an excellent understanding of the City's needs
in this project and offer well experienced teams at competitive prices. PCE is a smail 12
person firm that will be aided by several sub�consultants. BRAA is a large full service
engineering and architectural firm.
The fees proposed by PCE were an hourly not-to-exceed cost of �72,650 for the design and
an estimated cost of �62,321 for construction adminish-ation. Total cost estimated at �134,971.
The fees proposed by BRAA were an hourly no�to-exceed cost of �70,500 for the design and
an hourly no�to�exceed cost of �82,250 for consh-uction administration. Total cost estimated
at �152,750.
City staff evaluated all the proposals and came to a unanimous recommendation to go with the
proposal offered by Bonestroo, Rosene, Anderlik 8� Associates. Although it has a slightly higher
cost, they offer norto�exceed pricing on both the design and construction administration
aspects of the project !n addition, BRAA has a long history with and, therefore, an intimate
understanding of the City of Fridley's water system. This includes the predesign of Filter Plant
I`�o. 3, TCAAP and the 63'� Avenue booster station, installation of SCADA to our water system,
and most recently with our water system study and Vulnerability Assessment study. We have
not yet had the opportunity to work with PCE.
Recommend the City Council accept the proposals and award the contract for design and
construction administration services for the Commons park Filter Plant Upgrades to Bonestroo,
Rosene, Anderlik and Associates of St Paul, Ml`�, for noNto-exceed cost of �152,750.
Jtitt:cz
12
�
0
�
�
QTY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 8, 2004
William W. Burns, City Manager ��
�.� �
Jon tI. tlaukaas, Public Works Director
I`lovember 2, 2004
Approval of 2004 - 2005 Winter Snow Plan
PW04-078
We held our annual snow season kickoff lunch on Wednesday, October 27. We made sure all
personnel were familiar with their required duties and answered any questions.
Attached is the 2004 � 2005 Snow Removal Operations Policies and Procedures with maps.
This document gives an overview of equipment, responsibilities, plowing and sanding policies,
districts, emergency plan reference and the responsibilities of other jurisdictions.
The other attachments include the snowplow disixict and equipment assignments, Emergency
Snow Removal Procedures policy, assignments and map and the Priorities on Sidewalk Plowing.
The F'ridley Info Line iFIL) is no longer operational and therefore that update has been
discontinued.
We have a new Street Supervisor this year, Jeff Jensen, and two new Stxeet Division employees,
Kevin Mensch and Brandon O"Mora. Jeff has been with the City for over 11 years and will be
able to coordinate the snow removal efforts without dif�iculty. Kevin and Brandon both have
past plowing experience but will be supenrised by one of the Division Supenrisors riding along
with each during the first few snow events.
To ensure the City has a reasonably defensible snow rernoval plan, 1 recommend the City
Council adopt this plan by motion for the 2004 - 2005 winter snow season.
Jr[ti:cz
Attachments
13
SNOW REMOVAL OPERATIONS POLICIES AND PROCEDURES
T'he Fridley Public Works Department is engaged in a continuing effort to provide improved snow removal
services, and yet keep expenses in balance with the current budget appropriation. For street snow removal, the
City currently deploys 20 pieces of equipment. Each of the 10 residential snowplow districts and the 2 industrial
districts has a major piece of equipment dedicated to clearing snow from its roadways. These 11 major pieces of
equipment are made up of 5 dump trucks with one-way plows and wing plows, 1 flatbed truck with a one-way
plow, 1 dump truck and 2 pot patcher trucks with one-way plows and underbody plows, and 3 loaders with
directional plows and wing plows. Six of these trucks are also equipped with sand spreaders for use when ice and
slippery conditions exist. There are 8 minor pieces of equipment are used to supplement the major equipment and
to clear cul-de-sacs, dead end streets, improved alleys, municipal parking lots and concrete sidewalks. These 8
pieces are comprised of 6 4x4 pickups, 1 1-ton 4x4 truck and 1 sidewalk plow/snowblower.
The Public Works Director has overall responsibility for snow and ice control operations. The Street Supervisor
has direct responsibility for supervising the day-to-day operations, such as determining when to call out
manpower, equipment needs, ordering materials, etc. The Street Supervisor utilizes weather services and reports,
police reports, citizen input and consults with the Director when necessary to determine when to initiate the snow
plowing operation.
Our policy is to begin snow removal operations after the snow storm has subsided, normally in the early morning
hours. However, if the storm ends in late evening, the crews are called out in an attempt to clear redline collector
routes by morning rush hour. If a storm is predicted to last unreasonably long, or heavy accumulations appear
imminent, full snow plowing operations begin on the redline collector routes in eight districts when accumulations
become hazardous for driving. Based on different storm situations and severity levels, the starting time frames are
flexible. For blizzard or high wind storms, plowing does not commence until the storm subsides. For economy
purposes, weekend snow storms will be reviewed for impact and delay in starting times to minimize overtime
costs.
Whenever ice or slippery conditions develop, sanding crews are dispatched to the six sanding• districts (see
attachment A- Sanding Districts). Sand and salt mixtures are spread over ice or slippery areas. The sand provides
an abrasive to help melt the ice. We are currently using straight salt in the Melody Manor, Rice Creek Plaza, Rice
Creek Teirace, Sylvan Hills, Hyde Park, Christie and Florence Park neighborhoods. Salt is less effective below 20
degrees F, therefore, sand may be used to a limited degree in these areas if extreme cold follows an icing
condition. The Public Works "on call" employee upon notification of slippery conditions by the Police
Department is authorized to respond with up to two additional personnel to sand or salt slippery areas. If more
personnel are needed, the "on call" employee will notify the Public Works Superintendent or Street Supervisor of
the need for additional personnel.
When snow removal operations begin, redline collector routes are plowed first. (See Attachment B- Redline
Collector Routes map). It takes approximately 4 to 6 hours (depending upon the snowstorm) to complete these
routes. These streets have been declared redline routes because they allow residents and emergency vehicles faster
and better access to the highways and into all azeas of Fridley.
The City is divided into ten snow plowing districts after the redline collector routes are plowed. (See Attachment
C- Snow Plowing Districts map). In each district, there are four alternaring starting points. After each snow, the
starting points will change. It takes approximately 6 to 8 hours to complete snow plowing operations on the
remaining streets. This results in providing clean, safe streets 12 to 16 hours after an average snow stortn.
There are 86 cul-de-sacs and 35 dead-end streets in Fridley. It takes considerable time before the smaller and
specialized equipment can complete the cul-de-sac areas. A snowplow may complete the regular street and a
portion of the cul-de-sac area. The major portion of the cul-de-sac will be plowed by the special equipment within
the total time of the snow plowing operation.
14
Concurrent with the plowing of the streets and cul-de-sacs, the sidewalks, improved alleys and municipal parking
lots are also plowed. We do not plow bikeways or asphalt paths, we only clear concrete sidewalks.
Cleanup operations begin on the next normal working day after the snow removal operations have been completed.
This includes cul-de-sac clearing and hauling, intersection clearing, sidewalks, traffic light areas, bus stops, and
winging back on boulevards
The snowbird vehicles parked on streets during a snow storm create problems for snow removal operations. City
ordinance prohibits vehicles from parking on City streets from 2:00 a.m. to 6:00 a.m. and during any snow
removal operation from November 1 to April 1 of each year. Snowplow drivers report snowbirds to the Police
Department. Depending on available police personnel, tickets are issued, if the vehicle is not removed. Vehicles
that are blocking the street are towed away. Snowbirds that are still parked when cleanup operations begin are
towed and impounded under the direction of police personnel.
For a major storm, over 9 inches, our alternate plan comes into effect. The City is sectioned into 9 districts (see
Attachment D- Emergency Snow Removal Plan) and the personnel are esta.blished into two 12 hour shift crews.
The redline streets are plowed first and then the remaining streets in the district are plowed. The major difference
is only one pass is made down the center of each street initially. Once all streets are opened, the crews then go
back and start clearing the roads full width. This continues until all the streets are cleared by rotating the crews
through their shifts.
MnDOT is responsible for clearing TH 47 (University Avenue), TH 65 (Central Avenue) and I-694. Their policy
is black pavement and run teams down the highway as the snow storm progresses.
Anoka County plows East River Road, the 44th Street bridge, Main Street to 57th, 57th to University, 49th
between Main Street and University, Mississippi Street, Osborne Road, 85th and Old Central. The County also
varies its starting points and attempts to clear to black pavement.
11/04
H:M�Ies�snow�2004�snow Remove Proc
15
EMERGENCY SNOW REMOVAL PROCEDURES
We differentiate between a"normal snowfall" and what we would call an "emergency snowfall." An
"emergency snowfall" is a snowfall of 9 inches or more that is projected to fall within a 24 hour period.
2. When there is a projection of an emergency snowfall, the snow plowing procedure will begin when there is
6 inches of snow on City streets. The Police Departrnent will have the responsibility for notifying the Public
Works Department of the existence of 6 inches of snow on the streets.
Once the plowing for an emergency snowfall has been decided, Public Works employees will be divided into
two 12-hour shifts beginning at the time they are called out.
4. Each shift will consist of eight employees who will operate five dump trucks and three front-end loaders.
Each group of eight employees will be assigned to one 12-hour shift.
In addition to the eight employees assigned to each shift, another employee shall be assigned as needed to
address particular problems. He may, for example, be assigned to digging out cul-de-sacs, plowing
sidewalks, and plowing City parking lots.
The storm and/or any other circumstances surrounding the storm will dictate the use of any additional
employees. These employees will also be available to assist the Police and Fire Department with emergency
operations (i.e., police calls, medical and iue emergencies).
5. The Police Department will take the primary responsibility for responding to questions from citizens. It was
agreed that the Police Department personnel will be updated approximately every two hours. Personnel will
keep maps and be responsible for plotting the progress of the snow removal crews as reported.
6. As the plows are working during a major snowfall, they will make an initial pass in each direction through
redline streets and then residential streets. Efforts toward plowing curb to curb will not be made until all
streets have been opened to traffic. It is understood that there will be difficulties with cul-de-sacs and
driveways being plowed shut on a number of occasions and with cars being parked on the streets.
Revised: 11 /04
h:�n�les\snow�2004\emergency_removal
16
PRIORITIES Ol`►
SIDEWALK PLOWING
1. Mississippi Street from University Avenue to tlighway 65
2. 7�' Street from Mississippi to 61St
3. 61S` from University to tiighway 65
4. Mississippi Street, from University Avenue west to East River Road, then to the two walkway
easements off Rivers Edge Way for Stevenson School
5. Osborne Road, from University Avenue to liighway 65
6. 7t'' Street, 61St south to 59�'
7. liayes School on Monroe, from Mississippi to 67�'
8. Mississippi Street, from East River Road to Central Avenue, south side
9. 5�' Streek, fi-om Mississippi to 63'�, then to University Avenue Service Road to 57�'
10. 6Pt, University Avenue west to Starlite, both sides, also two walkway easements fi-om Starlite
to Trinity
11. 61St, fi-om University to Moore Lake Commons on south side
12. Medtronic Parkway fi-om liighway 65 to 7�' Street
13. 53rd from Target to Menards
14. tiighway 65, fi-om Ground Round to Twin City Federal
15. East River Road from Osborne Road north to Lafayette Street west side
� _ h:\myfiles\snow\2004\sidewalk priorities
17
0
SIDEWALKS
Osbome Road
South side Commerce Lane to Old Central
Mississippi Street
I`lorth side, Stinson Boulevard to East River Road
South side, East River Road to Old Central
Monroe Street, fi-om Mississippi to 67�' Avenue
7"' Street, west side from Mississippi to 63`�
7"' Sfreet, east side fi-om 63'� to 61�`
61� Avenue
I`lorth side, Main Street to tiighway 65
South side, Main Street to just east of Sears Outlet Store
Easements north to 61�`
Between Starlite and Trinity
Between Rainbow and Sunrise
7"' Street from 61�` to 59"'
53`� Avenue north side from Leaming Tree to Menards
Fiiq�hway 65 east side, from 53rd to 52nd
57 Avenue north side
University west to Main Street
University East Service Drive from 57"' Avenue to Mississippi
5"' Street east side from Mississippi to 63`�
Fourmies Avenue between Service Drive and 5"' Street
63`� Avenue north side between University Service Drive and 7�' Street
University east side bikeway between Mississippi and 69"' Avenue
West Moore Lake Drive in front of high school
Walkway path behind high school and Little League fields
Medtronic Parkway, 7�' Street to Iiighway 65
Easements west side of East River Road
Between 62"d Way and River Edge Way
River Edge Way to Stevenson School
East River Road west side frorn Stevenson School to River Edge Way
East River Road west side from Osbome Road to Lafayette Street
h:\ m�les\snow\ 2004\sidewatks
i
SnOWPLOWS ASSIGnED TO PLOWInG DISTRICTS - 2004-2005 SEASON
District #1 - 774�'96 Case Loader w/wing
District #2 - 792-'97 Ford Dump Truck w/wing
District #3 - 775= 04 Sterling Tandem Dump w/wing
District #4 � 786�`89 Case Loader w/wing
District #5 � 795= 99 JD Loader w/wing
District #6 � 727�'91 Ford Potpatcher fmt plow w/underbody
District #7 � 755-'Ol Intemational Dump w/wing
District #8 - 763-'02 Sterling Dump w/wing
District #9 - 791= 95 Ford Dump fmt plow w/underbody
District #10 � 762-'Ol Sterling w/wing
I`I orth 8� South
Industrial 686-'86 Ford Single Axel w/UGI Box 8� Front
one�way plow
725-'92 Ford Potpatcher front plow
w/underbody
Red Denotes Snow Emeraencv Routes
Black Denotes SnowplowinQ Districts
Supervisor: Jeff Jensen
PlowinQ AssiQnments for Snow
EmerQencv Routes
I`lorth Area 792, 762, 774
East Area 791, 775
Central Area 786, 763, 795, 725, 686
West Area 755, 727
Allevs, Cul-de�sacs 8C Intersections:
Alleys 8� Area #1 781 - Ken Small
554 � Mark Schulte
Area #2 541 - Kevin Becklin
Area #3 528 - Ron Fields
753 - Jason Wiehle
Intersections 724 � Craig Fianson
Sidewalks 740 - Bruce Koopmeiners
9-7-04
Pete Gunderson
Scott Bradseth
Brandon O'Mara
Garry Volk
Craig Turbak
Kory Jorgensen
Kevin Mensch
Mike Graves
Taylor
Buddy Zurbey
Jon Wiliiams
Gary Bulman
Equiament resaondinQ to Snow EmerQencv
3 Front end loaders w/directional plows 8� wings
1 Dump truck w/one-way plow 8� underbody plow
5 Dump trucks w/one-way plows & wings
1 Ford Sngle Axel w/util box 8� front one-way plow
1 Sidewalk plow 8� snow blower
5 4x4 vehicies
1 one�ton truck 4x4 w/sander
2 Potpatchers w/one-way plow 8� underbody plow
IL�J
sno�nm�owin� ass��nMEnTs
for
SnOWS OF 9° OR MORE
TEAM A TEAM B
Area l:
Unit 791-Ford dump w/underbody Taylor Ron Fields
Area 2:
Unit 775�Ford tandem w/wing Brandon O Mara
Unit 774-Case loader w/wing Keven Becklin
Area 3:
Unit 762-Ford dump w/wing Bud Zurbey Jason Wiehie
Area 4:
Unit 763�Sterling dump w/wing Mike Graves Kory Jorgensen
Area 5:
Unit 755�Int. dump w/wing Kevin Mensch Ken Small
Area 6:
Unit 792-Ford dump w/wing Scott Bradseth Gary Bulman
Area 7:
Unit 795�JD loader w/wing Craig Turbak Garry Volk
Area 8:
Unit 774-Case Idr. w/wing Pete Gunderson
Unit 786-Case Idr. w/wing Phil Perron
Auxiliarv Crew: Gerry Long Mark Schulte
Bruce Koopmeiners Jon Williams -
Mechanics: Mark Foster Mark Kluge
Kelly Odenthal
1`IOTE: Crews will consist of 10-11 men, plus mechanics, in 12-hour shifts.
Updated 9-7-04
Z�
�
�
C(iY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 8, 2004
Wiliiam W. Burns, City Manager l'N�
�
Jon . aukaas, Public Works Director
1`lovember 2, 2004
Resolution for Agency Agreement with MnDOT
PW04-075 ,
The attached resolution authorizes the City Manager and Director of Public Works to enter into
an agreement with MnDOT in which they can then accept Federal Aid funding for use on
eligible local transportation projects.
F'ederal funds are only distributed to the state level. The state then distributes the funds
according to the Transportation System Plan. MnDOT uses a program called the Delegated
Contract Process (CDP) by which local agencies can build projects using these Federal Aid
construction funds. The agreement spells out the responsibilities of each party.
The agreement is written rather generically so as to make it applicable to the current project,
the 85 Avenue Trail, as well as any future projects that the City may apply and receive Federai
funding on.
Recommend the City Council adopt the resolution for Agency Agreement between MnDOT and
the City of Fridley.
Attachment
�
RESOLUTION NO. 2004 -
RESOLUTION FOR AGENCY AGREEMENT
BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the
Commissioner of Transportation be appointed as Agent of the City
of Fridley to accept as its agent, federal aid funds which may be
• made available for eligible transportation related projects.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Manager and the
Director of Public Works of the City of Fridley, Anoka County,
Minnesota, are hereby authorized and directed for and on behalf
of the City of Fridley to execute and enter into an aqreement
with the Commissioner of Transportation prescribing the terms and
conditions of said federal aid participation as set forth and
contained in "Minnesota Department of Transportation Agency
Agreement No. 87354," a copy of which said agreement was before
the City Council and which is made a part hereof by reference.
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
27
�
�
CITY dF
FRIDLEY
To:
From:
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 8, 2004
William W. Burns, City Mana.ger �
�
Deborah Dahl, Human Resources Director
Date: November 4, 2004
Re: 2004-2005 Police Patrol Contract (L.E.L.S.)
Attached is the labor agreement and the accompanying resolution setting forth terms and
conditions of employment for police officers in 2004 and 2005, based on the final axbitration
award issued on September 27, 2004. Apart from changes in dates and correction of
typographical errors, the following is a summary of the changes for the 2004 and 2005
contract:
1
�
3.
4
Article 35. Duration
A two-year contract has been awarded through December 31, 2005, retroactive to
January 1, 2004.
Article 17.1 Benefits
The City of Fridley has agreed to contribute up to the maximum amount provided per
month to non-union employees toward health, dental, life and long-term disability
insurance, in accordance with the employer's flexible benefit plan for the calendar
yeaxs 2004 and 2005.
Article 22.1 Wages
The arbitration award directed the City to increase hourly rates for LELS union
members by three percent (3%) for the calendar year of 2004 as well as three percent
(3%) for the calendar year of 2005.
Article 22.4 — FTO Pav
As a result of the September 27, 2004 arbitration award, the union will receive an
additional i/2 hour of FTO overtime pay per officer. The new language will read: "The
Employees certified for and assigned to Field Training Officer (FTO) duties shall
receive a minimum of two (2) hours of overtime or compensatory time in addition to
�i ;7
any other overtime worked for each twelve (12) hour shift, or one (1) hour of overtime
or compensatory time in addition to any other overtime worked for each eight (8) hour
shift. The rate of pay will be equal to the overtime rate or compensatory time at time
and one-half up to the limit in Article 30."
5. There are no other changes to contract language or terms other than what is mentioned
above.
Action Needed
I am recommending that this contract be presented to the City Council for approval at the
November 8, 2004, Council Meeting.
cc: Donovan W. Abbott, Public Safety Director
Chuck Bengston, LELS Business Agent
Kurt Morse, LELS Steward
Frederic W. Knaak, City Attorney
Ann Antonsen, Labor Relations Associates, Inc.
29
RESOLUTION NO. - 2004
RESOLUTION APPROVING AND AUTHORIZING SIGNING AN
AGREEMENT FOR POLICE OFFICERS OF THE CITY OF
FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2004 AND
2005
WI�REAS, the Law Enforcement Labor Services, Inc. as bargaining representative of the
Police Officers of the City of Fridley, has presented to the City of Fridley various requests
relating to the wages and working conditions of Police Officers of the Police Department of
the City of Fridley; and
WHEREAS, the City of Fridley has presented various requests to the Union and to the
Employees relating to wages and working conditions of Police Officers of the Police
Department of the City of Fridley; and
WHEREAS, representa.tives of the Union and the City have met and negotiated regarding
the requests of the Union and the City; and
WI�REAS, members of the Union and the City could not reach an initial agreement,
which resulted in mediation and interest arbitration; and
WI-�REAS, a final arbitration settlement was awarded 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 wages and working conditions of Police
Officers of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF TI-� CITY OF FRIDLEY
THIS DAY OF , 2004.
ATTEST:
DEBRA SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
30
EXHIBIT "A"
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL N0.119
2004 AND 2005
2
31
LABOR AGREEMENT
I_: �1111i.i/ � �l`►I
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL N0.119
2004 AND 2005
TABLE OF CONTENTS
ARTICLE
1. Purpose of Agreement
2. Recognition
3. Definitions
4. Employer Security
5. Ernployer Authority
6. Union Security
7. Employee Rights - Grievance Procedure
8. Savings Clause
9. Seniority
10. Discipline
11. Constitutional Protection
12. Work Schedules
13. Overtime
3
��
PAGE
1
1
1
3
3
3
4
6
7
7
8
.
�
�
14. Court Time
15. Call Back Time
16. Working Out of Classification
17. Insurance
18. Standby Pay
19. Uniforms
20. P.O.S.T. Training
21. Longeviiy arid Educational Incentive
22. Wage Ra.tes
23. Legal Defense
24. Probationary Periods
25. Annual Leave
26. Holidays
27. Short-term Disability
28. Bereavement Leave Pay
29. Jury Pay
30. Compensatory Time
31. Employee Education Program
32. Pay for Investigators or School Resource Officer
33. BMC Case No. 85-PN-486-A. Issue 8
34. Waiver
35. Duration
4
33
9
10
10
10
11
11
11
11
12
13
13
13
15
15
16
17
17
17
18
18
18
19
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL N0.119
Article 1. Purpose of Agreement
This Agreement is entered into between the City of Fridley, hereinafter called the Employer, and
Law Enforcement Labor Services, Inc., hereina.fter called the Union.
It is the intent and purpose of this Agreement to:
1.1 Esta.blish 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 2. Recognition
2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota
Statutes, Section 179A.03, subdivision 8, for all police personnel in the following job
classifications:
l. Police Officer
2.2 In the event the Employer and the Union aze unable to agree as to the inclusion or exclusion
of a new or modified job class, the issue shall be submitted to the Bureau of Mediation
Services for determination.
Article 3. Definitions
3.1 Union
Law Enforcement Labor Services, Inc.
1
34
3.2 Union Member
A member of the Law Enforcement Labor Services, Inc.
3.3 Employee
A member of the exclusively recognized bargaining unit.
3.4 Department
The Fridley Police Department.
3.5 Employer
The City of Fridley.
3.6 Chief
The Public Safety Director of the Fridley Police Department.
3.7 Union Officer
Officer elected or appointed by the Law Enforcement Labor Services, Inc.
3 . 8 Investigator/Detective
An Employee specifically assigned or classified by the Employer to the job classification
and/or job position of Investigator/Detective.
3.9 Overtime
Work performed at the express authorization of the Employer in excess of the Employee's
scheduled shift.
3.10 Scheduled Shift
A consecutive work period, including rest breaks and a lunch break.
3.11 Rest Breaks
Periods during the scheduled shift during which the Employee remains on continual duty
and is responsible for assigned duties.
fr.l
35
3.12 Lunch Break
A period during the scheduled shift during which the Employee remains on continual duty
and is responsible for assigned duties.
3.13 Strike
Concerted action in failing to report for duty, the willful absence from one's position, the
stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful; and
proper perFormance of the duties of employment for the purposes of inducing, influencing
or coercing a change in the conditions or compensation or the rights, privileges or
obligations of employment.
Article 4. Employer Security
The Union agrees that during the life of this Agreement the Union will not cause, encourage,
participate in or support any strike, slow-down or other interruption of or interference with the
normal functions of the Employer.
Article 5. Employer Authority
5.1 The Employer retains the full and unrestricted right to operate and manage all manpower,
facilities, and equipment; to esta.blish functions and programs; to set and amend budgets; to
deternune the utiliza.tion of technology; to establish and modify the organizational structure;
to select, direct, and determine the number of personnel; to establish work schedules, and to
perform any inherent managerial function not specifically limited by this Agreement.
5.2 Any term and condition of employment not specifically established or modified by this
Agreement shall remai.n solely within the discretion of the Employer to modify, esta.blish,
or eliminate.
Article 6. Union Security
6.1 The Employer shall deduct from the wages of Employees who authorize such a deduction
in writing an amount necessary to cover monthly Union dues. Such monies shall be
remitted as directed by the Union.
6.2 The Union may designate Employees from the bargaining unit to act as a steward and an
alternate and shall inform the Employer in writing of such choice and changes in the
position of stewazd and/or alternate.
63 The Employer shall make space available on the Employee bulletin boazd for posting Union
notice(s) and announcement(s).
3
36
6.4 The Union agrees to indemnify and hold the Employer harmless against any arid all claims,
suits, orders, or judgments brought or issued against the Employer as a result of any action
taken or not taken by the Employer under the provisions of this Article.
Article 7. Employee Rights — Grievance Procedure
7.1 Definition of a Crrievance
' A grievance is defined as a dispute or disagreement as to the interpretation or applica.tion of
the specific terms and conditions of this Agreement.
7.2 Union Representatives
The Employer will recognize Representatives designated by the Union a.s the grievance
representatives of the bargaining unit having the duties and responsibilities established by
this Article. The Union shall notify the Employer in writing of the names of such Union
Representa.tives and of their successors when so designa.ted as provided by Section 6.2 of
this Agreement.
7.3 Processing of Crrievance
It is recognized and accepted by the Union and the Employer that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
Employees and sha11 therefore be accomplished during normal working hours only when
consistent with such Employee duties and responsibilities. The aggrieved Employee and a
Union Representative sha11 be allowed a reasonable amount of time without loss in pay
when a grievance is investigated and presented to the Employer during normal working
hours provided that the Employee and the Union Representative have notified and received
the approval of the designated supervisor who has determined that such absence is
reasonable and would not be detrimental to the work programs of the Employer.
7.4 Procedure
Grievances, as defined by Section 7.1, shall be resolved in conformance with the following
procedure:
Step 1
An Employee claiming a violation conceming the interpreta.tion or application of this
Agreement sha11, witlun twenty-one (21) calendar da.ys after such all�ged. violation has
occurred, present such grievance to the Employee's supervisor as designated by the
Employer. The Employer-designated representa.tive will discuss and give an answer to such
Step 1 grievance within ten (10) calendaz days after receipt. A grievance not resolved in
Step 1 and appealed to Step 2, sha11 be placed in writing setting forth the nature of the
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grievance, the facts on which it is based; the provision or provisions of the Agreement
allegedly violated; the remedy requested; and shall be, appealed to Step 2 witivn ten (10)
calendar days after the Employer-designated representative's fmal answer to Step 1. Any
grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall
be considered waived.
Step 2
If appealed, the written grievance shall be presented by the Union and discussed with the -
Employer-designated Step 2 representative. The Employer-designated representa.tive sha11
give the Union the Employer's answer in writing within ten (10) calendar days after receipt .
of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3
witivn ten (10) calendar days following the Employer-designated representative's final
answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten
(10) calendar days sha11 be considered waived.
Step 2a
If the grievance is not resolved at Step 2 of the grievance procedure, the parties, by mutual
agreement, may submit the matter to mediation with the Bureau of Mediation Sexvices.
Submitti.ng the grievance to mediation preserves timeliness for Step 3 of the grievance
procedure. Any grievance not appealed in writing to Step 3 by the Union within ten (10)
calendar days of inediation shall be considered waived.
Step 3
A grievance unresolved in Step 2 or Step 2a and appealed to Step 3 by the Union shall be
submitted to arbitration subject to the provisions of the Public Employment Labor Relations
Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with
the "Rules Governing the Arbitration of Crrievances" as established by the Bureau of
Mediation Services.
7.5 �irbitrator's Authority
a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the terms and conditions of this Agreement. The arbitrator shall
consider and decide only the specific issue(s) submitted in writing by the Employer
and the Union, and shall have no authority to make a decision on any other issue not
so submitted.
b. The arbitrator shall be without power to make decisions contrary to, or inconsistent
with, or modifying or varying in any way to application of laws, rules, or
regulations having the force and effect of law. The arbitrator's decision shall be
submitted in writing within thirry (30) days following close of the hearing or the
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submission of briefs by the parties, whichever be later, unless the parties agree to an
extension. The decision shall be binding on both the Employer and the Union and
shall be based solely on the arbitrator's interpretation or application of the express
terms of this Agreement and to the facts of the grievance presented.
c. The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the Employer and the Union provided that each pariy shall be responsible
for compensating its own representa.tives and witnesses. If either party desires a
verbatim record of the proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire a verbatim record of the
proceedings the cost shall be shared equally.
7.6 Waiver
If a grievance is not presented within the time limits set forth above, it shall be considered
"waived." If a grievance is not appealed to the next step within the specified time limit or
any agreed extension thereof, it shall be considered settled on the basis of the Employer's
last answer. If the Employer does not answer a grievance or an appeal thereof within the
specified time limits, the Union may elect to treat the grievance as denied at that step and
immediately appeal the grievance to the next step. The time limit in each step may be
extended by mutual written agreement of the Employer and the Union in each step.
7.7 Choice of Remedv
If, as a result of the written Employer response in Step 2 or 2a, the grievance remains
unresolved, and if the grievance involves the discipline of an Employee who has completed
the required probationary period, the grievance may be appealed either to Step 3 of Article 7
or to the Civil Service Commission. If appealed to the Civil Service Commission the
grievance is not subject to the arbitration procedure as provided in Step 3 of Article 7. The
aggrieved Employee shall indicate in writing which procedure is to be utilized - Step 3 of
Article 7 or the appeal procedure in the Fridley Police Department Civil Service Rules and
Regulations - and shall sign a statement to the effect that the choice precludes the a.ggrieved
Employee from making a subsequent appeal through Step 3 of Article 7.
Article 8. Savings Clause
This Agreement is subject to the laws of the United States, the State of Minnesota and the
City of Fridley. In the event any provision of this Agreement shall be held to be contrary to
law by a court of competent jurisdiction from whose final judgment or decree no appeal has
been taken within the time provided, such provisions shall be voided. All other provisions
of this Agreement shall continue in full force and effect. The voided provision may be
renegotiated at the written request of either pariy.
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Article 9. Seniority
9.1 Seniority shall be determined by the Employee's length of continuous employment with the
Police Department and posted in an appropriate location. Seniority rosters may be
mainta.ined by the 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 d.ischarged at
the sole direction of the Employer. During the probationary period a promoted or
reassigned Employee may be replaced in his/her previous position at the sole discretion of
the Employer.
9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall
be recalled from layoff on the basis of seniority. An Employee on layoff sha11 ha.ve an
opportunity to return to work witlun two years (2) of the time of his/her layoff before any
new Employee is hired.
�.4 Senior Employees will be given preference with regard to transfer, job classification
assignments and promotions when the job-relevant qualifications of Employees aze equal.
9.5 Senior qualified Employees sha11 be given shift assignments preference after eighteen (18)
months of continuous full-time employment.
9.6 One continuous scheduled annual leave period shall be selected on the basis of seniority
until March 1�` of each calendar yeaz. After March 1�`, scheduled annual leave shall be on a
first-come, first-served basis.
9.7 Employees shall lose their seniority for the following reasons:
a. Discharge, if not reversed;
b. Resignation;
c. Unexcused failure to returr� to work after expiration of a vacation or formalleave of
absence. Events beyond the control of the Employee, which prevent the Employee
from returning to work will not cause loss of seniority;
d. Retirement.
Article 10. Discipline
10.1 The Employer will discipline Employees for just cause only. Discipline will be in one or
more of the following forms:
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a. oral reprimand;
b. written reprimand;
c. suspension;
d. demotion; or
e. discharge.
10.2 Suspensions, demotions and discharges will be in written form.
103 Written reprimands, notices of suspension, and notices of discharge which are to become
part of an Employee's personnel file, shall be read and acknowledged by signature of the
Employee. Employees and the Union will receive a copy of such reprimands and/or
notices.
10.4 Employees may examine their own individual personnel files at reasonable times under the
direct supervision of the Employer.
10.5 Dischazges will be preceded by suspension without pay for forry (40) regularly scheduled
working hours unless otherwise required by law.
10.6 Employees will not be questioned concerning an investigation of disciplinary action unless
the Employee has been given an opporhu�ity to have a Union representative present at such
questioning.
10.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the grievance
procedure under Article 7.
Article 11. Coastitutional Protection
Employees shall ha.ve the rights granted to all citizens by the United Staxes and Minnesota Sta.te
Constitutions.
Article 12. Work Schedules
12.1 The normal work year is an average foriy (40) hour work week for full-time Employees to
be accounted for by each Employee through:
a. hours worked on assigned shifts;
b. holidays;
c. assigned training;
e. authorized leave time.
12.2 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a
minimum or maximum number of hours the Employer may assign Employees.
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Article 13. Overtime
13.1 Employees will be compensated at one and one-half (1-1/2) times the Employee's regulaz
base pay rate for hours worked in excess of the Employee's regularly scheduled shift.
Changes of shifts do not qualify an Employee for overtime under this Article.
13.2 Overtime will be distributed as equally as practicable.
13.3 Overtime refused by Employees will for record purposes under Article 13.2 be considered
as unpaid overtime worked.
13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be
pyramided, compounded or paid twice for the same hours worked.
13.5 Overtime will be calculated to the nearest fifteen (15) minutes.
13.6 Employees have the obligation to work overtime or call backs if requested by the Employer
unless unusual circumstances prevent the Employee from so working.
Article 14. Court Time
14.1 An Employee who is required to appear in court during his/her scheduled off-duty time
shall receive a minimum of three (3) hours pay at one and one-half (1.5) ti.mes the
Employee's base pay rate. The City may assign the Employee to stand by pending the
notification of their appearance bei.ng required. Unless otherwise specified by the City or
the prosecutor, this period of standby shall commence two (2) hours prior to the tixne
scheduled for the Employee's appeazance in court. The Employee will be compensated for
two (2) hours at their base rate as provided in Article 18 for each da.y on standby.
14.2 If the court appearance is scheduled during the Employee's off time, and if the court
appearance is cancelled, the Employee will be notified by the end of the business day (5:00
p.m.) preceding the court appearance. If notification of cancellation is not made by the end
of the business day (5:00 p.m.) preceding the court appearance, the Employee will receive
standby pay for two (2) hours at their base rate of pay.
14.3 The business day notice applies to all court cases for which the Employee receives notice
resulting from their employment with the City.
14.4 Employees who aze assigned to standby for a court appearance during their off-duty time,
and who aze then notified by the prosecuting attomey that they need to appear and who do
appeaz in court shall receive a minimum of three (3) hours pay at one and one-half (1.5)
times the Employee base ra.te of pay. Employees will not be paid both standby pay and for
three (3) hours at one and one-half their base rate of pay.
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14.5 Employees will be required to appear for the Court Trials/Traffic Court, for Contested
Omnibus Hearings, for Implied Consent Hearings, and for any other court appearance
where the City or the prosecuting attorney directs that Standby is not feasible.
Article 15. Call Back Time
15.1 An Employee who is called to duty during the Employee's scheduled off-duty time shall
receive a minimu.m of three (3) hours pay at one and one-half (1-1/2) times the Employee's
base pay rate. An extension or early report to a regularly scheduled shift for duty does not
qualify the Employee for the three (3) hour minimum.
15.2 An Employee who works extra-duty work (outside employment) during the Employee's
scheduled off-duty time sha11 receive a minimum of two (2) hours pay at one and one-half
(1 '/z ) times the Employee's base pay rate. �
Article 16. Working Out of Classification
Employees assigned by the Employer to assume the full responsibilities and authority of a higher
job classification sha11 receive the salary schedule of the higher classification for the duration of the
assignment.
Article 17. Insurance
17.1 For the calendaz year 2004, for Employees who choose single coverage, 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.
17.2 For the calendar year 2004, for Employees who choose dependent coverage, 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 grea.ter, in accordance with the
Employer's Flexible Benefit Plan.
17.3 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. �
17.4 The Employer will provide group term life insurance with a maximum of $25,000 per
Employee and additional accidental death and disability insurance with a maximum of
$25,000 per Employee (current cost is $4.75 per month), or an amount equal to that
provided to non-union employees, whichever is greater, in accordance with the Employer's
Flexible Benefit Plan.
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17.4 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
greater than the amount provided to non-union employees. Benefit Leave days are required
to be used within in the calendar year and may not be carried into the following year.
Article 18. Standby Pay
Employees required by the Employer to standby shall be paid for such standby time at the rate of
one hour's pay for each hour on standby. Employees placed on standby shall' remain able to
respond wittun a reasonable time. Such reasonable time, if not otherwise specified at the time of
assignment to standby, shall be one (1) hour to the police department, assigned court location, or
other location designated by the City. Employees placed on standby sha11 remain available to be
contacted by the Employer by normal means to include phone or wireless communicaxion devices.
Employees assigned to standby for court appearances shall be compensated for two hours' pay for
each day or portion of a day on standby.
Article 19. Uniforms
The Employer sha11 provide required uniform and equipment items.
Article 20. P.O.S.T. Training
20.1 Employer sha11 assign training at Employer's expense for Police Officers to complete 48
hours of P.O.S.T. Boazd approved education during each three-year licensing period.
20.2 Employer shall pay the cost of maintaining P.O.S.T. licensure for all Employees required to
maintain the license.
Article 21. Longevity and Educational Incentive
Effective July l, 1978, the following terms and conditions are effective, except that Employees
hired after January 1,1987, shall not be eligible for educational incentive.
21. � After four (4) years of continuous employment each Employee shall choose to be paid three
percent (3%) of the Employee's base rate or supplementary pay, based on educational
credits as outlined in 21.6 of this Article.
21.2 After eight (8) years of continuous employment, each Employee shall choose to be paid
supplementary pay of five percent (5%) of the Employee's base rate, or supplementary pay
based on educational credits, as outlined 21.6 of this Article.
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21.3 After twelve (12) years of con:inuous employment, each Employee shall choose to be paid
supplementary pay of seven percent (7%) of the Employee's base rate, or supplementary
pay based on educational credits, as outlined in 21.6 of this Article.
21.4 After sixteen (16) years of continuous employment, each Employee shall choose to be paid
supplementary pay of nine percent (9%) of the Employee's base rate, or supplementary pay
based on educational credits, as outlined in 21.6 of this Article.
21.5 Employees may choose supplementary pay either for lengkh of service or for educational
credits no more often than once every twelve (12) months.
21.6 Supplementary pay based on educational credits will be paid to Employees after twelve (12)
months of continuous employment at the rate of
Educational credits stated in Percentage Pay
terms of colle�e quarter credits increment
45 - 89 3%
90 - 134 5%
135 - 179 7%
180 or more g%
Not all courses aze to be eligible for credit. Courses receiving gualifyin� credits must be
job-related. (Thus, a four-year degree is not automatically 180 credits - or two year
certificate is not automatically 90 credits.) Job-related courses plus those formal.ly required
to enter such courses shall be counted. For example: If Principles of Psychology (8 eredits)
is required before taking Psychology of Police Work (3 credits), completion of those
courses would yield a total of eleven qualifying credits. C.E.U.'s (Continuing Education
Units) in job-related seminars, short courses, institutes, etc. shall also be counted.
The Employer shall deterniine which courses are job-related. Disputes aze grievable based
on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No.
78-PN-370-A.
Article 22. Wage Rates
22.1 The following hourly wage rates will apply for 2004 & 2005 (amounts may be rounded to
two decimal points):
Start
After six months
After one year
After two years
After three years
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2004
17.43
18.77
21.43
24.09
26.78
2005
17.95
19.33
22.07
24.81
27.58
22.2 Employees classified or assigned by the Employer to the following job classifications or
positions will receive five percent (5%) in addition to their regular wage rate:
Investigative (detective)
School Resource Officer
Rental Housing Officer
223 An Employee certified. for and assigned to Field Training Officer (FTO) duties shall receive
a minunum of two (2) hours of overtime or compensatory time, in addition to any other
overtime worked for each twelve (12) hour shift worked as Field Training Officer or one (1)
hour of overtime or compensatory time in addition to any other overtime worked for each
eight (8) hour shift. The rate of pay will be equal to the overtime ra.te or compensatory time
at time and one-half up to the limit in Article 30.
Article 23. Legal Defense
23.1 Employees involved in litigation because of proven negligence, or non-observance of laws,
or of a personal nature, may not receive legal defense by the municipality.
23.2 Any Employee who is charged with a traffic viola.tion, ordi.nance violation or criminal
offense arising from acts performed within the scope of his/her employment, when such act
is performed in good faith and under the direct order of his/her supervisor, shall be
reimbursed for attomey's fees and court costs actually incuired by such Employee in
defending against such charge.
23.3 Employer will provide protection for a11 Employees aga,inst false arrest charges.
Article 24. Probationary Periods
All newly hired or rehired Employees will serve a twelve (12) month probationary period.
Article 25. Annual Leave
25.1 Each Employee shall be entitled to annual leave away from employment with pay.
Employees shall accrue annual leave based on an average eight (8) hour work day. Annual _
leave may be used for scheduled or emergency absences from employment. Annual leave
pay shall be computed at the regular rate of pay to which such an Employee is entitled;
provided, however, that the amount of any compensation shall be reduced by the payment
received by the Employee from workers' compensation insurance, Public Employees
Retirement Association disability insurance, or Social Security disability insurance. An
Employee's accumulation of annual leave will be reduced only by the amount of annual
leave for which the Employee received compensation.
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25.2 Seniority sha11 apply on scheduled annual leave up to March 1�` of each year. After March
1�`, scheduled annual leave shall be on a first-come, first-served basis.
25.3 A be,�Lnning Employee shall accrue annual leave at the rate of eighteen (18} days (144
hours} per yeaz for the first seven (7) years (84 successive months).
An Employee who has worked seven (7) years (84 consecutive months) shall accrue annual
leave at the rate of twenty-four (24) days (192 hours) per year, beginning with the eighty-
fifth (85`�) month of successive employment.
An Employee who has worked fifteen (15) years (180 successive months) shall accrue
annual leave at the rate of twenty-six (26) days (208 hours) per yeaz, beginning with the one
hundred eighty-first (181� month of successive employment.
These rates aze based on a forty-hour (40) regulaz workweek. The actual amount credited to
an Employee in any given pay period shall be prorated according to the actual number of
regular hours worked during that pay period. Hours worked on overtime, callback, or
standby shall not enter into the calculation of the accrual of annual leave.
25.4 For an Employee hired on or after January 1, 1984:
The maxi.mum total accumulation of annual leave at the end of any given year shall be
thirry (30) days (240 hours). ,
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 opporiunity to exchange up to five days (40
hours) of accumulated annual leave for cash.
25.5 For an Employee hired before January 1, 1984:
Vacation accrued but unused as of December 31, 1983, sha11 be converted by annual leave
at the rate of one (1) day of annual leave for one (1) day of vacation. Accrued but unused
sick leave as of December 31, 1983, sha11 be converted to annual leave according to the
following schedule:
a. 1�` 45 days @ 1 day of annual leave for 1 day of sick leave
b. 2°d 45 days @ 1 day of annual leave for 2 days of sick leave
c. Remainder @ 1 day of annual leave for 3 days of sick leave
In lieu of severance pay, one hour of annual leave shall be credited for each full month of
employment up to a maximum of two hundred foriy (240) hours.
The total amount of annual leave credited to the Employee's balance as of January l, 1984,
shall be equal to accrued but unused vacation plus accrued but unused sick leave converted
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according to the formula above plus the amount in lieu of severance pay. If upon
conversion to the annual leave plan an Employee's accumulation of annual leave exceeds
tlurty (30) days (240 hours), that amount shall be the maximum total accumulation (cap) for
that Employee at the end of any subsequent year.
Once a year, at a time designated by the City, an Employee will have the opporhanity to
exchange up to five (5) days (40 hours) of accumulated annual leave for cash.
In addition, once a year at a time designated by the City, an Employee with an accumulation
of annual leave in excess of thirty (30) days (240 hours) will have the opporhzriity to
exchange up to five (5) da.ys (40 hours) of annualleave for cash. Such an exchange shall
reduce the maximum total accumulation (cap) of an Employee by an equal amount.
25.6 An Employee who wishes to take advanta.ge of the catch-up provision of the I.C.M.A.
Retirement Corporation may exchange as many days as desired for cash under the
following conditions:
a. The Employee's cap is reduced by the number of days exchanged.
b. In no case may the cap be reduced below thirty (30) days (240 hours).
c. An Employee taking advantage of this provision must file the appropriate forms
with the payroll division of the Employer.
25.7 Upon separation from employment with the City, an Employee will be paid one (1) day's
salary for each day of accrued annual leave remaining in the Employee's balance.
Article 26. Holidays
26.1 Employees will accrue eight (8) hours of holiday leave for each of eleven (11) holidays in a
calendar year.
26.2 In addition to the eleven holidays, Employees assigned to the Patrol Division shall be paid
at one and one-half (1- '/z ) times their base rate of pay for all hours worked on the actual
holiday between the hours of midnight and midnight. For any overkime hours worked on a
holiday, Employees will be paid two (2) times their base rate of pay.
26.3 Employees, with approval, may use accumulated holiday leave time in any hourly
increment the Employee chooses. '
Article 27. Short Term Disability
27.1 Calculation of the short-term disability benefit shall be based on an average eight (8) hour
workda.y. Each Employee who has successfully completed the Employee's probationary
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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 (after absence for 160 consecutive regularly scheduled working
hours) 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 tenth (110�') working day (880�' regularly
scheduled working hour) of absence, whichever occurs firs�t. Such an Employee shall also
be entitled to full pay commencing on the eleventh (11�) consecutive working day on which
the Employee is absent (after absence for eighty consecutive regularly scheduled working
hours} due to a physician-certified illness or injury on the job and continuing until the
Employee returns to work able to carry out the duties and responsibilities of the Employee's
position or through the one hundredth (100'�) worki.ng day (800� regularly scheduled
working hour) of absence, whichever occurs first. The amount of any compensation for the
short-term disability benefit shall be reduced by any payment received by the disa.bled
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
da.ys (720 working hours) for any single illness or injury, regardless of the number and
spacing of episodes. The annual leave balance . of an Employee receiving short-term
disability benefit shall not be red.uced, nor shall such Employee accrue annual leave during
that period.
27.2 Before any short-term disability payments are made by the Employer to an Employee, the
Employer may request and is entitled to receive a certificate signed by a competent
physician or other medical attendant certifying to the fact that the entire absence was, in
fact, due to the illness or injury and not otherwise. The Employer also reserves the right to
have an examination made at any time of any Employee claim.ing payment under the short-
term disability benefit. Such examination may be made on behalf of the Employer by any
competent person designated by the Employer when the Employer deems the same to be
reasonably necessary to verify the illness or injury claimed.
27.3 If an Employee hired before January 1, 1984, has received payments under the injury-on-
duty provisions of previous contracts, the number of days for which payment was received
will be deducted from the number of days of eligibility for coverage under short-term
disability for that same injury.
Article 28. Bereavement Leave
28.1 Bereavement leave will be granted to full-time Employees up to a maximum of twenty-four
(24) scheduled hours. Bereavement Leave is granted in case of deaths occurring in the
immediate family. For this purpose, immediate family is considered to include: spouse,
children, parents, brothers, sisters, grandparents, grandchildren, parents in-laws, brothers in-
law, and sisters in-law.
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28.2 The City will allow union employees to follow current practices for non-union employees,
which gives Employees an option to appeal directly to the City Mana.ger for additional time
off if extenuating circumstances prevail.
Article 29. Jury Pay
It shall be understood and agreed that the Employer sha11 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 30. Compensatory Time
0
Mana.gement reserves the right to approve compensatory time in lieu of overtime pay.
Compensatory time shall not be accumulated in excess of twenty-four (24) hours, and must
be used within the calendaz year in which it was accumulated as detemuned by the
Employer.
Article 31. Employee Education Program
31.1 The Employer will pay certain expenses for certain education courses based on the
following criteria:
a. The training course must have relevance to the Employee's present or anticipated career
responsibilities;
b. Attendance shall be at an institution approved by the Employer. The course must be
approved by the Chief.
c. Financial assistance will be extended. only to courses offered by an accredited
institution. This includes vocational schools, Minnesota School of Business, etc.
31.2 Programs Fina.ncial Policy
Financial assistance not to exceed the amount of two thousand, nine hundred, twenty-five
dollars ($2,925.00) per Employee per year will be extended to cover the cost of tuition,
required books or educational materials, and required fees related to the course. Charges for
student union membership, student health coverage and other charges for which the student
receives some item or services other than actual instruction will not be paid. The Employer
will pay fifty percent (50%) of the cost of tuition in advance of the Employee's actual
participation in the course and the Employee shall pay fifty percent (50%} of �lie cost.
Upon successful completion of the course, an Employee will be required to present to the
Chief a certification of satisfactory work. Satisfactory work is defined as follows:
a. In courses issuing a letter grade, a C or above is required.
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b. In courses issuing a numerical grade, seventy percent (70%) or above is required.
c. In courses not issuing a grade, a certification from the instructor that the student
satisfactorily participated in the activities of the course is required.
31.3 If the Employee satisfactorily completes the course, the Employee will be reimbursed for
the additional fifiy percent (50%) of the tuition cost for which the Employee obligated
' himself or herself in the approved application as well as for the cost of any course required
books, educational materials or fees. If the Employee fails to satisfactorily complete the
course, the Employee will not be reimbursed for these costs.
31.4 The program will not reimburse the Employee for the hours the Employee spends in class,
only for the tuition.
31.5 Expenses for which the Employee is compensated under some other educational or
assistance program, such as the GI bill, will not be covered.
31.6 The City will not pay tuition or other costs for those courses, which are used to make the
Employee eligible for additional salary.
Article 32. Pay for Investigators, School Resource and Rental Housing Officers
Employees receiving the five (5%) percent per month differential pay shall not be eligible for the
overtime provisions of the contract applicable to Police Officers, but they sha11 be eligible to
receive overtime at time and one-half the Employee's regular base rate of pay if the Employee is
assigned by the Employer to work in excess of the number of hours allowed by the Fair Labor
Standards Act for the work period chosen by the Employer in accordance with the special overtime
exemptions for public safety Employees.
Article 33. BMC Case No. 85-PN-486-A, Issue 8
The Employer shall establish a minimum of two (2) months between each shift change in the
rotation.
Article 34. Waiver
34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment, to the extent inconsistent with the
provisions of this Agreement, are hereby superseded.
34.2 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.
18
51
All agreements and understandings arrived at by the parties are set forth in writing in this
Agreement for the stipulated duration of this Agreement. The Employee and the Union
each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and
a11 terms and conditions of employment referred to or covered in this Agreement or with
respect to any term or condition of employment not specifically referred to or covered by
the Agreement, even though such terms or conditions may not have been within the
knowledge or contemplation of either or both of the parties at the time this contract was
negotiated or executed.
Article 35. Duration
This Agreement shall be effective as of the first day of Jan.l, 2004, and shall remain in full force
and effect through the thirly-first day of December, 2005. In witness whereof, the parties hereto
have executed this Agreement on this day of , 2004.
I hereby recommend approval of this agreement.
FOR CITY OF FRIDLEY
Scott J. Lund, Mayor (Date)
William W. Burns, City Manager (Date)
�, 11-�,-U�
Deborah K. Dahl, Human Resources Director (Date)
Donovan W. Abbott, Public Safety Director (Date)
FOR LAW ENFORCEMENT LABOR SERVICES, INC.
�--� ��- l e �' - ` �
huck Bengston, L LS Business Agent (Date)
�� z_ �t - �- a'-�
Kurt Morse, Steward (Date)
19
52
�
�
CffY OF
FRIDLEY
- To:
From:
Date:
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 8, 2004
The Honorable Mayor and City Council
William W. Burns, City Manager l� �
�
November 4, 2004
Subject: Contract with City Attorney
Attached is an agreement between the City of Fridley and Carl J. Newquist and Newquist &
Ekstrum, Chartered, for the services of City Prosecutor. Three minor changes were made to the
agreement. The hourly compensation for the City Prosecutor was increased to $95.00 in 2005,
$97.00 in 2006 and $99.00 in 2007. The hourly compensation for law clerks was increased from
$35.00 to $37.00. Subpoena service fees were added to reimbursable expenses. The contract will
be in effect for a period of three (3) years.
Based upon the quality of work being done by Newquist & Ekstrum, staff recommends approval
of the proposed legal services agreement. Thank you for your consideration of this matter.
Attachment
53
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF FRIDLEY
AND NEWQUIST & EKSTRUM, CHARTERED
AND CARL J. NEWQUIST
1. Citv Prosecutor Apnointment: Carl J. Newquist and his law office, Newquist &
Ekstruxn, Chartered, 6401 University Avenue N.E., Fridley, Minnesota., 55432, are
appointed City Prosecutor for the City of Fridley.
2. Term of Agreement: Thirty-six (36) months from and after January l, 2005, to terminate
on December 31, 2007, unless otherwise extended by mutual agreement of the parties -
hereta
3. Duties and Responsibilities of the Citv Prosecutor:
A. Proximity being of the essence hereof, the City Prosecutor sha11 maintain an office
in the City of Fridley.
B. Represent the City in all criminal proceedings and cases wherein the City is a
party, has jurisdiction, and/or has an identifiable interest therein, except those
cases arising under the City's zoning, housing, rental housing and building codes.
C. Prepare files for court, including assembling witness lists, preparing subpoenas,
copying statutes or ordinances for court trials, etc. Request certified documents,
such as driver's records, motor vehicle records, prior convictions, orders for
protection, bank records, ordinances and other information required for court.
D. Prepare letters and notices associated with various court trials. These include
letters to victims, omnibus hearing notifications, and notices of change in time,
date or place of hearings.
E. Maintain records, including the court calendar, records of formal complaint
requests, records regazding the criminal history requests from the BCA, records
of officer vacation schedules and court assignment schedules of the prosecutor.
F. Telephone conferences and maintaining correspondence with various agencies
including law enforcement agencies, courts, Minnesota correctional facilities,
victim/witnesses, defendants/defense attorneys, social workers, psychiatrists,
victim advocate representatives, hospitals, banks, insurance companies, etc.
Research statutes and/or ordinances for court cases, formal complaints, or as
requested by the Fridley Police Department or the City of Fridley.
G. Handle requests for disposition of detainer.
H. Maintain active files.
I. Advise Council, City staff, and the Police Department of legal questions and
issues that relate to official City business.
54
�
5.
Q
J. Advise and attend education and training programs for City staff and the Police
Department as requested by the City Manager and/or the Director of Public
Safety.
K.
L.
M.
Advise and attend such Council meetings and meetings of City commissions and
committees as the City Manager and/or Mayor may direct.
Prepare activity reports, billing information and reports on status of City litigation
as the City Manager may direct.
Defend City employees, when applicable, in suits and claims arising from the
performance of official duties as the City Manager may direct.
Conflict of Interesi: The City Prosecutor sha11 not represent any individual or par�y in
any civil or criminal matter against the City of Fridley.
Comnensation•
A. The City Prosecutor shall be compensated at the following rates:
2005: $95.00/hour
2006: $97.00/hour
2007: $99.00/hour
Law Clerk: $37.00/hour
Law Clerk: $37.00/hour
Law Clerk: $37.00/hour
B. The City Prosecutor shall be reimbursed for all expenses advanced or made by
him on behalf of the City such as fees and costs for subpoena service and court
transcripts and filing. All other expenses and costs of overhead such as dues,
subscriptions, licenses, insurance, secretarial services, etc., associated with the
performance of legal services sha11 be the responsibility of the City Prosecutor.
Assi�nment of Services and Agreement: The City Prosecutor shall not assign an
interest or obligation of this agreement without the prior written consent of the City.
7. Affirmative Action: Because the City requires and follows a policy of �rmative
Action and will not tolerate discriminatory acts, the City Prosecutor shall not
discriminate aga.inst any person on the basis of age, sex, religious beliefs, political
affiliations, or other protected classifications under federal, state, or local laws or
regulations.
8. Work Product: All ordinances, resolutions, correspondence and other documents or
materials drafted for the City by the City Prosecutor shall, upon their completion, become
the property of the City.
9. Insurance: The City Prosecutor agrees to inaintain a valid policy of Professional
Liability Insurance for the duration of this agreement. The value of the policy shall not
be less than Five Hundred Thousand and 00/100 Dollars ($500,000).
2
55
10. Severabilitv: The City or City Prosecutor may sever the terms of this contract upon
sixty (60) days written notice. Failure by the City or the City Prosecutor to comply with
any of the terms of this contract shall be grounds for ternunating this agreement, as shall
be the City's dissatisfaction with the City Prosecutor's performance under the agreement.
Upon termination of this contract, the City sha11 only be responsible for the monthly fee
and any additional billings accrued as of the date of termination.
Agreed and entered into this day of
2004.
��� �
� : �
,
�� � ,��.' ' i �.1��►�
� � '
NEWQUIST & EKSTRUM, CHARTERED
B
Carl J. New uist
Its � ��
CITY OF FRIDLEY
By
Scott J. Lund
Mayor
By
William W. Bums
City Manager
56
r
�
ClTY OF
FRIDLEY
Name
Julie
Jones
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 8, 2004
Position
Planning
Coordinator
Exempt
Appointment
Starting
Salarv
$58,552.00
per year
57
Starting
Date Replaces
Nov.9, Paul
2004 Bolin
� AGENDA ITEM
� COUNCIL MEETING OF NOVEMBER 8, 2004
cmr aF
FRIDLEY
CLAIMS
118906 -119113
:
_ ,
AGENDA ITEM
City Council Meeting Of Monday, November 08, 2004
City of
Fridley
Gas Services
Kevins Heating 8 Cooling Inc
6474 20 Ave S
Hugo MN 55038-
General Contractor-Commercial
Metro Building Systems Inc
4401 85 Avenue N STE 202
Brooklyn Park MN 55443-
General Contractor-Residential
Arseneau Contracting LLC (20426591)
7408 120 Ave N
Champlin MN 55316-
Lauer Mechanical Maintenance 4052
9309 Lyndale Ave S
Bloomington MN 55420-
Heatinq
Metro Sheet Mteal Inc
3260 Fanum Rd
St Paul MN 55110-
Vogel Sheetmetal Inc
10684 Lansing Ave N
Stillwater MN 55082-
�
Kevin Kopp
Todd Fischer
Dave Arseneau
Brian Lauer
Mike Dobihal
Bonnie Vogel
59
Approved Bv:
Ron Julkowski
Building Official
Ron Julkowski
Building Official
State of MN
State of M N
Ron Julkowski
Building Official
Ron Julkowski
Building Official
�► AGENDA ITEM
� CITY COUNCIL MEETING OF NOVEMBER 8, 2004
�TM�F ESTIMATES
FRIDLEY
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
.
0
2004 Street Improvement
Project No. ST. 2004 —1
FINALESTIMATE ............................................................................ $ 17,057.41
Hardrives Inc.
14475 Quiram Drive
Rogers, MN 55374-9461
2003 Street Improvement
Project No. ST. 2003 —1
FINALESTIMATE ............................................................................ $ 38,202.05
Natgun Corporation
11 Teal Road
Wakefield, MA 01880
Marian Hills Reservoir Construction
Project No. 356
Estimate No. 2 $350,887.25
.......................................................................................
.1
�
�
crrr aF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
November 8, 2004
TO: William W. Burns, City Manager �y�ld"
_p
From: Richard D. Pribyl, Finance Director ��3
Debra A. Skogen, City Clerk
Re: Public Hearing for Apple American Limited Partnership of Minnesota dba
Applebee's Neighborhood Grill & Bar located at 5277 Central Avenue NE,
Fridley, MN 55432 (Formerly Ground Round Restaurant)
Applicant: Rebecca R. Tilden, Officer
Apple American Limited Partnership of Minnesota dba Applebee's
Neighborhood Grill & Bar
4551 W. 107th Street, Suite 100
Overland Park, KS 66207
Date: November 4, 2004
Rebecca R. Tilden, Officer of Apple American Limited Partnership of Minnesota has applied for an on-
sale intoxicating liquor license to operate Applebee's Neighborhood Grill & Bar at the old site of
Ground Round Restaurant located at 6490 Central Avenue NE, Fridley, Minnesota. The new resta.urant
is under construction and grand opening is scheduled for the beginning of January 2005.
Section 603 of the Fridley City Code requires that a public hearing be held to consider the approval of
an Intoxicating Liquor License. The City Code also requires that the license can not be approved during
the same meeting. The Notice of Public Hearing, Attachment A, was published in the Fridley Sun
Focus on October 28, 2004.
The Police Department has conducted a background investigation and has found no reason to deny the
application at this time. The final approval of the license will be scheduled for November 22, 2004.
Staff recommends holding a public hearing for an intoxicating liquor license.
�
Attachment A
CITY OF FRIDLEY
PUBLIC HEARING BEFORE THE
CITY COUNCIL
(Lega1 Notice)
Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City
Municipal Center, 6431 University Avenue Northeast on Monday, November 8, 2004, at 7:30 p.m. on the
question of issuing an on-sale Intoxicating Liquor License to Rebecca R. Tilden, Officer to General and
Limited Partners Gourmet Systems of Minnesota, Inc., for and on behalf of Apple American Limited
Partnership of Minnesota dba Applebee's Neighborhood Grill & Bar located at 5277 Central Avenue NE,
Fridley, Minnesota.
Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities
who require auxiliary aids should contact Roberta Collins at 572-3500 no later than November 3, 2004
Anyone having an interest in this matter should make their interest known at this public hearing.
/s/ Debra A. Skogen, City Clerk
Published: October 28, 2004 in the Fridley SunFocus
62
�
� AGENDA ITEM
�TM�F CITY COUNCIL MEETING OF NOVEMBER 8, 2004
FRIDLEt'
INFORMAL STATUS REPORTS
63