12/17/1990 - 5141FRIDL$Y CITY COIINCIL MEETING
ATTENDENCE SHEET
Monday-, December 17, 1990
7:30 P.M.
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FRIDLEY CITY COUNCIL
DECEMBER 17� 1990
�]iDGE OF ALLEGIANCE:
�] 'ROPAL OF MINIITES :
City Council Meeting of December 10, 1990
�CPTION OF AGENDA:
OPBN FORIIM. VISITORB:
(Consideration of items not on agenda - 15 minutes)
OLD BIISINESB:
Fir�t Reading of an Ordinance
Rec xlifyinq the Fridley City Code,
Cha�ter 30, Entitled "Charitable
Gam�ling," by Renaming the Chapter
"La�iful Gambling" and Amending
Sec�:ion 30.03 and Section 30.04
(Ta: �led 10/15/90) . . . . . . . . . . . . . . . . . . . 1 - 1G
�
l�1LDLRY CZTY COIINCiL MEETiNG OF DECEMBER 17, 1990 Baq� Z
Q�� BII8INE88 (CONTINIIED):
Ap�ointment to the Appeals Commission
(T ibled 12/10/90) . . . . . . . . . . . . . . . . . . . . 2
i� I BIIBINESB:
Re:olution Supporting the Adoption
of an Emergency Ordinance Placing
a�[oratorium on the Siting of
Se::ually Oriented Businesses
Pr�>hibiting their Location Within
Ce:�tain Specified Distances From
Re;�idential Areas, Schools, Churches,
Pa: �ks and Playgrounds . . . . . . . . . . . . . . . . . 3 - 3C
EmErgency Ordinance Placing a
Mo� atoriwn on the Siting of
Se�ually Oriented Businesses
Prchibiting their Location
wit hin Certain Specified
Diftances from Residential Areas,
Sciools, Churches, Parks and
Pl� ygrounds . . . . . . . . . . . . . . . . . . . . . . . 4 - 4D
Re��lution Approving and Authorizing
Signinq an Agreement Establishing
WoYking Conditions, Wages and Hours
of Police Officers of the City of
Fri3ley Police Department for the
Yea r 1991 . . . . . . . . . . . . . . . . . . . . . . . 5 - 5V
F1;IDL8Y CITY COUNCIL MEETINa OF DECEMBER iT, 1990 paq• 3
�jj� BUBINESB tCONTINIIED):
Re.solutfon Authorizinq Signing an
�icreement for Certain Employees
REpresented by International Union
oi Operating Engineers, Local No. 49,
AiL-CIO (Public Works Maintenance)
fc r 1991 . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6W
SFecial Use Permit, SP #90-08, by John
Babinski, to Allow Exterior Storage of
Materials on Lots 1 through 20, Central
Avsnue Addition, Generally Located at
12�0 - 73rd Avenue N.E. (Tabled 12/10/90) . . . . . . . . 7 - 7X
Re:eive the Minutes of the CATV
Ad�►isory Commission Meeting of
No� ►ember 15, 1990 . . . . . . . . . . . . . . . . . . . . 8 - 8E
Nu:sance Abatement at 1571 - ?5th
AvE nue N.E. . . . . . . . . . . . . . . . . . . . . . . 9 - 9B
�RCDI.BY CITY COIINCiL MEETiNG OF DECEMBER 17, 1990 paqe 4
�1_B�SINESS LCONTINIIEDI:
�ip;�roval of Container Distribution
Co:�tract with Super Cycle, Inc . . . . . . . . . . . . . . 10 - lOG
Motion to Write-Off Outstanding
ChE cks . . . . . . . . . . . . . . . . . . . . . . . . . 11 - 11A
Res�lution in Support of an
Application for a Minnesota
LawEul Gambling Premise Permit
to the Shaddrick LeBeau American
Leg ion �303 . . . . . . . . . . . . . . . . . . . . . . 12 - 12A
Res��lution in Support of an
App..ication for a Lawful Gambling
Exe�iption for Totino-Grace High
Sch� �ol . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 13A
Fx:DLEY CITY COONCIL MEETING OF DECEMHER 17, 1990 paq• S
�l I BII8INE88 (CONTINLTED� :
Re:��olution Authorizinq Changes in
Ap��ropriations for the Capital
Im��rovement Fund and Authorizing
th� Transfer of Funds from the
Ca�ital Improvement Fund, General
Ca�ital Improvements Division, to
thE Municipal Center Remodeling Fund . . . . . . . . . . 14 - 14A
Res�lution Appropriating Municipal
State-Aid Funds to a Municipal
Off-System Project . . . . . . . . . . . . . . . . . . . 15 - 15C
Res��lution Approving Plans and
Reqiiesting Anoka County to Proceed
witl� Improvements on Mississippi
StrE:et from Main Street to 5th
Stre:et, Street Improvement Project
No. ST 1991 - 3 . . . . . . . . . . . . . . . . . . . . . 16
Resclution Requesting the Posting
of "vo Parking" Signs on Mississippi
Strest (C.S.A.P. 02-606-08 and
M.S.�.P. 127-020-09) Betwean Main
Stre at and 5th Street . . . . . . . . . . . . . . . . . . 17
FR:'.DL$Y CiTY COIINCZL MEETiNC3 OF DECEMBER 17, 1990 paq� 6
�1' �IISINESS (CONTIATUEDI:
Refolution Amendinq the Classification
anc Compensation Plan for Employees of
the City of Fridley . . . . . . . . . . . . . . . . . . . 18 - 18E
Res�lution Appointing a Responsible
Autiority in Reference to the
Miniesota Government Data Practices
Act for the City of Fridley . . . . . . . . . . . . . . . 19 - 19A
Appc �intment . . . . . . . . . . . . . . . . . . . . . . 20
Infc rmal Status Reports . . . . . . . . . . . . . . . . . 21
Clai as . . . . . . . . . . . . . . . . . . . . . . . . . 22
Lice: ises . . . . . . . . . . . . . . . . . . . . . . . . 23 - 23A
Estii .ates . . . . . . . . . . . . . . . . . . . . . . . . 24
ADJO� �N t
� l[INOTEB OF THE REC�IILAR MEBTIN�3 OF TH$ FRIDLEY CITY COIINCIL OF
� BMHER 10, 1990
ThF Reqular Meetinq of the Fridley City Council was called to order
at 7:33 p.m. by Mayor Nee.
� DGE OF ALLEGIANCE:
Ma�or Nee led the Council and audience in the Pledge of Alleqiance
to the Flag.
$Q� L CALL :
MEI�BERS PRESENT: Mayor Nee, Councilman Billings, Councilman
Fitzpatrick, Councilman Schneider, and
Councilwoman Jorgenson
MEI�BERS ABSENT: None
Ma�or Nee welcomed Councilman Schneider back to the Council
fo]lowinq his illness.
$� ROVAL OF MINUTES:
COUNCIL MEETING. NOVEMBER 19, 1990:
M07ION by Councilman Fitzpatrick to approve the minutes as
prESented. Seconded by Councilwoman Jorgenson. Upon a voice vote,
al] voting aye, Mayor Nee declared the motion carried unanimously.
� PTION OF AGENDA:
M07ZON by Councilwoman Jorgenson to adopt the agenda as submitted.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq
ayE, Mayor Nee declared the motion carried unanimously.
Q� �T FORUM. VISITORS :
�E7ITION FOR ACTION AGAINST OBSCENITY:
Mr. Steve Boswell, 6800 Washington Street, reviewed events and
dif cussions that have taken place since the location of the Fantasy
Hotse in Fridley. He stated that this business which specializes
in pornoqraphy moved into the City without the City's knowledqe as
a�esult of the greed of the shopping center owner.
Mr. Boswell stated that the City needed time to research the
prcblem and come up with a solution. He stated that he knows the
City has been working on a zoning ordinance with other
ju�isdictions; however, there still are no safeguards.
Mr, Boswell submitted a petition for the City to continue efforts
to pass zoning laws to control those businesses which sell, rent,
or distribute material that is unsuitable for viewing by children.
He Btated that they would give the original copy of the petition
to Senator Frank to petition the State to clarify and strenqthen
the current State obscenity statute, includinq a ban on the sale
of items whose purpose is to facilitate torture, bondage, or rape.
He stated that the State should provide financial and leqal aid to
communities for the purpose of prosecuting pornoqraphy dealers.
Mr. Boswell stated that the petition was signed by 2,278 persons
who reside or do business in Fridley.
Mr. Boswell stated he would agree that current State laws are vaque
and difficult to enforce; however, this vagueness is a boom to
porno owners. He asked that the City continue its efforts for
enactment of a zoning ordinance as these efforts are clearly backed
by the citizens of Fridley.
MOTION by Councilman Schneider to receive Petition No. 17-1990 for
Action Against Obscenity. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
Ms. Dacy, Planning Coordinator, stated that adult impact reports
from St. Paul, Indianapolis, and Phoenix, as well as a copy of the
Attorney General's Report, and a draft ordinance will be reviewed
by the Planning Commission on December 12. She stated that it is
intended that a public hearing will be scheduled before the
Planning Commission on January 9, 1991 to review the proposed
ordinance.
Councilwoman Jorgenson asked if the City could place a moratorium
on adult businesses in the City.
Mr. Herrick, City Attorney, stated that in a meeting with Carl
Newquist and Jim Hill, the issue of a moratorium was discussed, and
he will have some proposed legislation to the Council by the first
meeting in January. Iie stated that an initial version of an
obscenity ordinance has been drafted and felt it would be
considerably more effective if some of these provisions were
included in the State statute. He stated that one of the problems
with the ordinance is that the City is limited to a misdemeanor
prosecution which these operators do not consider of great
substance. He stated that his office would be happy to cooperate,
as far as sending materials to Senator Frank.
INTRODUCTION OF ROBERTA ANDERSON. INTERN:
Mr. Burns, City Manager, introduced Roberta Anderson who is
attendinq St. Cloud State University and will be working as an
Intern in the City Manager's Office.
i�
�$�DLEY CITY COIINCIL MEETING OF DECEMBER 10. 1990 PA(iE 3
Qj+p BUSINESS :
1. 4RDINANCE NO. 960 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER
1�Q�, ENTITLED "ZONING" BY AMENDING SECTIONS 205.09.06,
�05.13.06. 205.14.06, 205.15.06. 205.16.06, 205.17.06.
205.18.06, DELETING SECTIONS205.13.05.D.t8). 205.13.0?.D.(1).
12), (3), (4).(c), �51, (6), 205.13.07.F. 205.14.05.D.(8),
�05.14.07.D. (1) . (2� L3) . (4) . (c) . (5� . (6) . 205.14.07.F.
295.15�05.D. (8) . 205.15.07.D. ll) , �2) , (3) , l4) . (c) . (5) . (6) .
�Q5.15.0?.F, 205.16.05.D.(8�, 205.16.07.D.(1), i21, (3).
(�).lc), (5), (6), 205.16.07.F. 205.17.05.D.(8).
?�45.17.07.D. (1) . (2) . (3) . (4) . (c) . (5L, (6) , 205.17.07.F.
�5,18.05.D. (8) . 205.18.07.D. (1) . (2) . (3) , (4) . (c) . f5) , (6) ,
205.18.07.F AND RENUMBERING CONSECUTIVE SECTIONS:
MOTCON by Councilman Fitzpatrick to waive the reading and adopt
Ord�nance No. 960 on second reading. Seconded by Councilman
Schieider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
Due to the length of the above ordinance, an Official Title and
Swa�ary was prepared to be published that would inform the public
of :he intent and effect of the ordinance.
MOT:ON by Councilman Billings to waive the reading and adopt the
Off.cial Title and Summary of Ordinance No. 960 and order
pub.ication. Seconded by Councilman Fitzpatrick. Upon a voice
vot�s, all voting aye, Mayor Nee declared the motion carried
una: iimously.
2. ORDINANCE NO. 961 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER
�06 ENTITLED "BUILDING CODE." BY AMENDING SECTIONS 206.01.02,
246,01.03, 206.01.04, 206.01.05. 206.03.02 AND 206.05:
MOT::ON by Councilman Billings to waive the reading and adopt
Ord:.nance No. 961 on second reading and order publication.
Sec�►nded by Councilwoman Jorgenson. Upon a voice vote, all votinq
aye Mayor Nee declared the mation carried unanimously.
3. ORDINANCE N�. 962 RECODIFYING THE FRIDLEY CITY CODE CHAPTER
�13, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION".
BY ADDING SECTIONS 113.06 AND 113.07, "SOLID WASTE ABATEMENT
�ROGRAMMING" AND "SOLID WASTE PROGRAM FEE", AND RENUMBERING
�HE PRESENT SECTIONS 113.06 TO 113.08 AND 113.07 TO 113.09,
IdD THE REMAINING SECTIONS CONSECUTIVELY; FURTHER AMENDING
�HAPTER 11 OF THE FRIDLEY CITY CODE ENTITLED "GENERAL
PROVISIONS AND FEES", SECTION 11.10:
MOT]ON by Councilwoman Jorgenson to waive the readinq and adopt
Ord�nance No. 962 on the second readinq and order publication.
Seccnded by Councilman Billings.
�
FRIDLEY CITY COIINCIL MEETING OF DECEMBER 10, 1990 PAG$ 4
Councilwoman Jorgenson stated that she received a call from a
resident regarding the fee the City pays to Super-Cycle and wanted
some questions answered. She stated that the resident's concern
was that Super-Cycle was making a profit from the materials
collected in the City. She stated that staff has checked into this
question.
Councilwoman Jorgenson �stated that about 70 percent of the
aaterials collected in Fridley is paper and Super-Cycle has to pay
$2.50 per ton to qet rid of this paper so they are actually losing.
She stated that cardboard accounts for about 6 percent of the
materials for which Super-Cycle receives $10.00 per ton; qlass
accounts for 19 percent and Super-Cycle receives $50.00 per ton;
tin accounts for 3 percent and Super-Cycle receives $40.00 per ton;
and aluminum is less than 2 percent for which Super-Cycle receives
$900.00 per ton.
Councilwoman Jorgenson stated that the costs to Super-Cycle are
$40.70 for labor; $3.80 for insurance, $8.79 for maintenance on the
trucks, for a total of $53.29 and does not take into consideration
such items as costs for accounting, management, rent, etc. She
stated that Super-Cycle collects 38 pounds at the average stop in
Fridley and with all their costs, the net profit is $14.50 per ton
on the recyclables collected.
Councilwoman Jorgenson stated that Super-Cycle is not getting rich
collecting recyclables. She stated that the reason they bother to
collect the materials is because it is mandated by State law. She
stated that everyone has to work towards markets for these items
and reduce their non-recyclable materials.
Mr. Burns, City Manager, stated that the City has one of the lowest
fees in the area for this service.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
4. APPOINTMENT TO THE APPEALS COMMISSION (TABLED 11119J90):
MOTION by Councilwoman Jorgenson to table this item. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
NEW BUSINESS:
5. RESOLUTION NO. 97-1990 PROVIDING FOR THE ISSUANCE AND SALE OF
�1,615,000 GENERAL OBLIGATION WATER REVENUE BONDS SERIES
�As
Mr. Pribyl, Finance Director, stated that bids were opened today
for two different bond issues. He stated that Mr. Bob Thistle,
representing Springsted, will report on the bidding process.
�" ��)LEY CITY COIINCIL MEETINQ OF DECEMBER 10. 1990 PAaE S
Mr. Thistle stated that the City�s credit rating was re-affirmed
at �►aI by Moody's. He stated that there were some questions raised
reg�rdinq fund balances, as there is a particular concern about
thi� in Minnesota. He stated that the market for these bonds was
vert qood, and the projection made in mid-November was a rate
aro ind 7. 05� . He stated that the lowest rate for the water revenue
boni was 6.7335$ which was received from Norwest Investment
Ser�ices, Inc. He stated that it is recommended this bid be
acc:pted by adopting this resolution.
MOTCON by Councilman Billings to receive the followinq bids for
thia water revenue bond issue:
Bid ier
Nor�est Investment Serv., Inc.
Ame-. Natl. Bank St. Paul
Daii Bosworth, Inc.
Pip:r, Jaffray & Hopwood, Inc.
Pruiential-Bache Capital Funding
Price
$1,591,195.10
$1,592,730.00
$1,594,812.50
$1,594,005.00
$1,590,776.10
Net Interest
Cost & Rate
$1,383,052.40
(6.7335�)
$1,384,872.96
(6.7424$)
$1,390,102.92
(6.7679$j
$1,398,060.63
(6.806665$)
$1,405,158.48
(6.8412$)
Fur:her, to adopt Resolution No. 97-1990, awarding the bid to the
low bidder, Norwest Investment Services, Inc. at an interest rate
of 6.7335�. Seconded by Councilwoman Jorgenson. Upon a voice
vot:, all voting aye, Mayor Nee declared the motion carried
una iimously.
6. RESOLUTION NO. 98-1990 PROVIDING FOR THE ISSUANCE AND SALE OF
�1.020,000 GENERAL OBLIGATION IMPROVEMENT BONDS. SERIES 1991B:
Mr. Thistle, Springsted, stated that it was projected the rate for
the�e bonds would be around 6.73� and the actual low bid was
6.3:50�. He stated that it is recommended the low bid of American
Nat.onal Bank St. Paul be accepted.
MOT:ON by Councilman Fitzpatrick to receive the following bids for
the improvement bond issue:
Bidder
Price
Net Interest
Cost & Rate
Ame;-ican National Bank St. Paul $1,008,780.00 $432,001.84
(6.3250$)
4
FRIDLEY CITY COIINCIL MEETIN(3 OF DECEMBER 10, 1990 PAGE 6
Bidder
Norwest Investment Serv., Inc.
Dain Bosworth, Inc.
Piper, Jaffray & Hopwood, Inc.
Prudential-Bache Capital Funding
Price
$1,009,800.00
$1,008,780.00
$1,007,760.00
$1,004,700.00
Net Interest
Cost � Rate
$432,928.33
(6.3386$)
$434,343.12
(6.3593$)
$437,002.50
(6.398572$)
$444,550.63
(6.5087$)
Further, to adopt Resolution No. 98-1990, awarding the bid to the
low bidder, American National Bank St. Paul at an interest rate of
6.3250$. Seconded by Councilman Billings. Upon a voice vote, all
votinq aye, Mayor Nee declared the motion carried unanimously.
7. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION
MEETING OF OCTOBER 30, 1990:
A. VARIANCE RE4UEST, VAR #90-30. BY PAT AND RITA BOYLE. TO REDUCE
THE SIDE YARD SETBACK FROM 17.5 FEET TO 4.5 FEET. TO ALLOW THE
CONSTRUCTION OF A SECOND ACCESSORY BUILDING ON LOT 1. BLOCK
�, SYLVAN HILLS, GENERALLY LOCATED AT 6261 RAINBOW DRIVE N.E.:
Ms. Dacy, Planning Coordinator, stated that this variance is
requested to reduce the side yard setback from 17.5 feet to 4.5
feet to allow the construction of a second accessory building. She
stated that the Appeals Commission recommended approval of the
variance noting the sight lines were not adversely affected.
Ms. Dacy stated that the petitioner is also requesting a special
use permit to allow the second accessory building at this location.
Councilman Billings asked if there was anyone present this evening
who opposed this variance. There was no response.
MOTION by Councilman Billings to grant variance request,
VAR �90-30 to reduce the side yard setback from 17.5 to 4.5 feet
at 6261 Rainbow Drive N.E. Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
�DLBY CITY CO�I�TCIL MEETINQ OF DECEMBER 10. 1990 PAO$ 7
8. BECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
NOVEMBER 14,1990:
A. �ECIAL USE PERMIT, SP #90-07. BY PAT AND RITA BOYLE. TO ALLOW
A SECOND ACCESSORY BUILDING IN EXCESS OF 240 SOUARE FEET ON
LQT 1. BLOCK 2. SYLVAN HILLS. GENERALLY LOCATED AT 6261
RAINBOW DRIVE N.E.:
Ms. Dacy, Planning Coordinator, stated that this special use permit
ie requested in order to allow construction of a second accessory
building on this property in excess of 240 square feet. She stated
that the Planning Commission recommended approval of this special
use permit with the stipulations that the accessory buildinq shall
be architecturally consistent with the existing house and the
hei�ht of the accessory building shall be limited to 14 feet.
Councilman Billings asked what was meant by "architecturally
con �istent�' .
Ms. Dacy stated that the intent was to hold the petitioner to the
typa of construction submitted in the proposed drawing.
Councilman Billings asked the petitioner, Mr. Boyle, if the drawing
he submitted was consistent with the style of buildinq he planned
to �onstruct. Mr. Boyle stated that he would construct something
ver � similar.
MOTLON by Councilman Billings to grant special use permit, SP �90-
07, with the following stipulations: (1) the accessory building
shall be architecturally consistent with the existing house; and
(2) the height of the accessory building shall be limited to 14
feet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
B. ESTABLISH PUBLIC HEARING FOR JANUARY 7. 1991. FOR A REGISTERED
7�AND SURVEY. P.S. #90-06. BY GLACIER PARK COMPANY TO REPLAT
�IiAT PART OF LOTS 2 AND 3, AUDITOR' S SUBDIVISION NO. 78 , ANOKA
COUNTY, MINNESOTA. GENERALLY LOCATED NORTH OF I-694 AND WEST
9F MAIN STREET N.E.:
MOT[ON by Councilman Fitzpatrick to set the public hearinq on this
plat for January 7, 1991. Seconded by Councilwoman Jorgenson.
Upoz a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
MOTCON by Councilman Fitzpatrick to receive the minutes of the
Plalninq Commission Meeting of November 14, 1990. Seconded by
Coulcilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor
Nee declared the motion carried unanimously.
FRIDL$Y CITY COIINCIL MEETING OF DECEMBER 10, 1990 PAGB 8
9. S��CZAL USE PERMIT, SP #90-08, BY JOHN BABINSKI. TO ALLOW
EXTERIOR STORAGE OF MATERIALS ON LOTS 1 THROUGH 20� CENTRAL
AVENUE ADDITION, GENERALLY LOCATED AT 1290 73RD AVENUE N.E.:
Ms. Dacy, Planning Coordinator, stated that since the petitioner
was not here this eveninq, she would feel more comfortable with
tablinq the item until the next meetinq on December 17.
MOTION by Councilman Schneider to table this item to December 17,
1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all
votinq aye, Mayor Nee declared the motion carried unanimously.
10. APPROVAL OF JOINT POWERS AGREEMENT FOR THE PROPOSED FIRE
TRAINING FACILITY:
Mr. Aldrich, Fire Chief, stated that this joint powers agreement
for a proposed training facility has been reviewed and modified by
Greqg Herrick of the City Attorney's Office and by Charles LeFevre
on behalf of the City of Brooklyn Center. He stated that this
aqreement forms the Fire Training Association where six cities made
up of four individual Fire Departments would jointly and
collectively construct, use, and maintain a fire training facility.
Mr. Aldrich stated that this facility would be constructed on
property owned by the City at 348 - 71st Avenue N.E. He stated
that initial construction costs are projected to be about $200,000
which shall be shared equally by the parties. He stated that a
limited annual operating budget would assess each party $1,500.
Mr. Aldrich stated the agreement includes a provision that allows
the Chiefs of the Fire Departments strict control over the yearly
operating costs and does not anticipate costs would run out of
control. He stated that Fridley would act as the construction
agent because the facility is being constructed in the City. He
stated that major repairs or alternations, regardless of who
proposes them, cannot be done without approval of the Councils.
Mr. Aldrich stated that he recommends the Council consider enterinq
into this joint powers agreement for a training facility.
MOTION by Councilman Fitzpatrick to approve the Fire Training
Association Joint Powers Agreement and authorize the Mayor and City
Manager to enter into the agreement. Seconded by Councilwoman
Jorgenson.
Councilwoman
accomplished
she felt it
Departments.
Jorgenson thanked Mr. Aldrich for all the work he has
in regard to this training facility. She stated that
would be a great asset to all the local Fire
Councilman Schneider stated that this was a good example of
qovernments working together.
;$;DL$Y CITY COIINCIL MEETINa OF DECEMBER 10. 1990 PAd$ 9
UP( N A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Ka�or Nee declared the motion carried unanimously.
11. RECEIVE BIDS AND AWARD CONTRACT TO REFURBISH THE FRIDLEY FI1ZF
QEPARTMENT'S AERIAL LADDER:
Mr. Aldrich, Fire Chief, stated that only one bid from Determan
Weldinq and Tank Service� was submitted for refurbishinq the Fire
DeFartment's aerial ladder. He stated that with this refurbishinq,
it will probably extend the life of the ladder by ten to twelve
yea rs .
Mr. Aldrich stated that it is difficult to obtain bidB on
ref �rbishing; however, the bid by Detenaan is within the ranqe they
anttcipated it would cost to have this work completed. He stated
it is recommended that the contract for refurbishing the aerial
lad ier by awarded to Determan Welding and Tank Service, Inc. in
the amount of $51,234.
Cou icilman Billings asked if Determan Weldinq has done work for the
Cit; ► in the past.
Mr. Aldrich stated that they have not done any major refurbishing,
but have done some work on pumps. He stated that they are very
com��etent and qualified and felt they would do a good job for the
Cit� �.
MOT:ON by Councilman Billings to receive the following bid for the
rep�ir of Ladder Truck No. 2:
DetErman Welding & Tank Service, Inc. $51,234.00
Further, that the contract be awarded to Determan Welding and Tank
Ser�ice, Inc. for refurbishing the aerial ladder in the amount of
$51,234. Seconded by Councilwoman Jorgenson.
Courcilwoman Jorgenson asked the cost of a new truck.
Mr. �ldrich stated that a new truck would cost between $400,000 to
$500,000. He stated that one was recently delivered to Elk River
at a cost of $475,000. He stated that the average life would be
abou t 25 years.
Mr. �ldrich stated that Fridley�s truck is eighteen years old and
it will probably run another fifteen years. He stated that with
the iddition of the new unit, they will be able to place this unit
into a reserve status.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayo:- Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF DECEMBER 10, t990 PAQE 10
12. APPROVAL OF AMENDMENT TO THE ANIMAL CONTROL CONTRACT:
Mr. Hill, Public Safety Director, stated that in July, when the
Anoka County Humane Society cancelled their contract, the City
contracted with Skyline Veterinary Hospital for animal control
services. He stated that the City is currently payinq $830 per
month, and Skyline has requested an increase to $1,100 per month.
Mr. Hill stated that the $830 per mcnth rate was based on a
projection of 20 animals per month; however, the City has been
averaginq 32 animals per month and, apparently, $830 is not
sufficient to cover Skyline's costs.
Mr. Hill etated that in checking with the Humane Society, this
sudden increase in animals is County-wide. He stated that various
alternatives have been considered; however, he felt it would be
best if the City agreed to an amendment and increase the monthly
fee to $1,100 per month with Skyline Veterinary Hospital. He
etated that, at this time, all other cities are payinq higher
rates.
Councilman Fitzpatrick asked if the Police Department picks up
animals.
Mr. Hill stated that they normally would not pick up animals,
unless they are called by a resident. He stated that Skyline
Veterinary Hospital does everything possible not to destroy an
animal.
Councilwoman Jorgenson stated that an alternative may be to offer
a free neutering service.
MOTION by Councilwoman Jorgenson to approve the amendment of the
animal control contract with Skyline Veterinary Hospital to
increase the compensation from $830 per month to $1,100 per month.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
13. RECEIVE COMPUTER SPECIFICATIONS AND RE4UEST APPROVAL TO
B�V�RTISE FOR VENDOR BIDS ON SOFTWARE AND HARDWARE:
Mr. Pribyl, Finance Director, stated that the specifications for
the software and hardware have been included in the Council's
packets. He stated that the specifications were reviewed by the
City's Computer Review Committee which included Councilman
Schneider and Councilman Billings. He requested that the Council
receive the specifications and authorize advertising for bids for
software and hardware.
MOTION by Councilman Billings to receive the computer
specifications and authorize advertising for bids on software and
hardware. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
t$�;)L$Y CITY COIINCIL MEETINa OF DECEMBER 10. 1990 pAGg 11
14. j2ESOLUTION NO. 99-1990 AUTHORIZING AN INCREASE IN COMPENSATION
FOR FRIDLEY CITY EMPLOYEES FOR THE 1991 CALENDAR YEAR:
Mr. Hunt, Assistant to the City Manager, stated that staff is
pro�iosinq a 4 percent cost of living increase for City employees.
He ��tated that various indicators were reviewed on cost of livinq
adj� �stments, some are above this figure and some in the private
sec1:or are below. Mr. Hunt stated that the June 1990 consumer
pri�:e index for the Twin Cities was 4.3 percent above the previous
yea� �. He stated that in an infonaal survey of 22 comparable cities
in the metropolitan area, the anticipated cost of livinq adjustment
was almost exactly 4 percent.
Mr. iiunt stated that a$30.00 per month increase is recommended for
tho:e employees on Option A of the Flexible Benefit Plan and a
$10,00 per month increase for those employees on Option 8 of the
Fle� ible Benefit Plan.
MOT70N by Councilman Billings to adopt Resolution No. 99-1990.
Seccnded by Councilman Fitzpatrick. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
15. RESOLUTION NO. 100-1990 TO ADVERTISE FOR BIDS FOR ONE [1) SIX-
WHEEL DRIVE SLOPE MOWERITRACTOR:
Mr. Flora, Public Works Director, stated that $30,700 was budgeted
in �:he 1990 Storm Sewer Capital Outlay budget for this mower/
tractor to cut weeds and grass along the storm ditches and holding
poncs throughout the City. He stated that it is recommended the
Cour.cil adopt this resolution authorizing the advertisement for
bids.
MOTI�N by Councilman Fitzpatrick to adopt Resolution No. 100-1990.
Seccnded by Councilman Billings. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
16. RESOLUTION NO. 101-1990 AUTHORIZING THE TRANSFER OF RESIDUAL
CASH AND INVESTMENT BALANCES FROM VARIOUS DEBT SERVICE FUNDS
TO THE IMPROVEMENT BONDS OF 1980 AND THE CLOSED DEBT SERVICE
D:
Mr.:�ribyl, Finance Director, stated that this resolution transfers
resiival funds from the following closed Debt Service Funds: (1)
1975 General Obligation Refunding Bonds; (2) Improvement Bonds of
1976; and (3j Improvement Bonds of 1977. He stated that in the
revi:w process for the bond ratings, this was one of the areas
Moodr's keyed into and where they found the City extremely stronq.
MOTI�)N by Councilman Billings to adopt Resolution No. 101-1990.
Seco:ided by Councilwoman Jorgenson. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
FRIDL$Y CITY COIINCIL MEETING OF DECEMBER t0. 1990 PAQB 12
17. �SOLUTION NO. IO2-1990 IN SUPPORT OF AN APPLICATION FOR
EXEMPTION FROM LAWFUL GAMBLING LICENSE TO THE CHURCIi OF SAINT
�TILLIAM:
MOTION by Councilman Billings to adopt Resolution No. 102-1990.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
18. �SOLUTION NO. 103-1990 IN SUPPORT OF AN APPLICATION FOR A
LAWFUL GAMBLING EXEMPTION TO TOTINO-GRACE HIGH SCHOOL:
MOTION by Councilman Billings to adopt Resolution No. 103-1990.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
19. �SOLUTION NO, 104-1990 IN SUPPORT OF AN APPLICATION FOR A
�WFUL GAMBLING PREMISE PERMIT FOR FRIDLEY MOOSE LODGE NO. 38:
MOTION by Councilman Billings to adopt Resolution No. 104-1990.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
20. RESOLUTION NO. 105-1990 IN SUPPORT OF AN APPLICATION FOR A
L�AWFUL GAMBLING LICENSE FOR FRIDLEY JAYCEES IN SANDEE'S•
MOTION by Councilman Billings to adopt Resolution No. 105-1990.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
21. ItESOLUTION NO. 106-1990 IN SUPPORT OF AN APPLICATION FOR A
�WFUL GAMBLING PREMISE PERMIT FOR FRIDLEY JAYCEES IN JOE
DIMAGGIO'S•
MOTION by Councilman Billings to adopt Resolution No. 106-1990.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
22. �ESOLUTION NO. 107-1990 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR THE FRTDLEY VFW
POST 363•
MOTION by Councilman Billings to adopt Resolution No. 107-1990.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
23. INFORMAL STATUS REPORTS:
COMMONS TCE STUDY:
Mr. Flora, Public Works Director, stated that two representatives
from Bruce A. Liesch Associates, Mike McMurtry and Jim de Lambert,
� DLEY CITY COIINCIL MEETING OF DECEMBER 10, 1990 PAa$ 13
are here this evening to present a summary on the wells monftored
in Commons Park.
Mr. Mike McMurtry stated that he wished to update the findinqs from
the well monitoring program and remedial and investigative options
for the City. He stated that the area of study was the Commons
Park well field where four of the City's most productive �ells are
loc�ted. He stated that.these are wells No. 6, 7, 8, and 9 and in
the Prairie du Chien aquifer. He stated that the focus this Bummer
was to install monitorinq wells in order to sample water from the
qla:ial drifts. He stated that based on the water quality results
fron the samplings, the qlacial drift deposits in the vicinity of
Comnons Park Well Field do not appear to be impacted by TCE
con :amination.
Mr. McMurtry stated that in Well No. 9, in the Prairie du Chien
aqu �fer, levels of TCE were first detected in 1984. He etated that
thi> well continued to be the main culprit with levels above the
maxLmum contaminant level (MCL) of 5 parts per billion. He stated
tha : this year, one sample reached 30 parts per billion. He stated
tha: Well No. 8 had never previously reached the MCL and did this
yea:�and Wells No. 6 and 7 have intermittently been up and down and
exc� :eded the MCL.
Mr. McMurtry stated the sampling this summer suggested that there
is ��o contamination in the glacial drift formation and it would be
mor�: loqical to focus on a regional contaminant source.
Mr. McMurtry stated that he felt there were several options the
Cit�� could take in dealing with the TCE. He stated that one option
is ��ot to take any action. He stated that the Health Department
con:iders a minimum level of monitoring is necessary to insure the
disi.ributed water is below the MCL. He stated that the second
opt: on is to treat the water, and that it would probably take a
min�mum of a year to design and build such a facility. He atated
that the cost would probably be between 1 to 4 million dollars for
a pE rmanent f ac i 1 ity .
Mr. McMurtry stated that another option is a water quality
mon�toring program with monthly and quarterly sampling at a cost
of about $16,000 a year for the monthly analysis and $5,000 a year
for the quarterly review. He stated that still another option
would be to expand the monitoring well program and install deeper
monitoring wells at Commons Park that penetrate the Prairie du
Chie n- Jordan formation. He stated that the cost for expandinq the
moni toring would be about $10, 000 per year, and the cost to install
dee�er wells would be about $50,000.
Mr. McMurtry stated that a potential contamination update could
also be considered to evaluate MPCA files and look at pumpinq data
from New Brighton or other communities. He stated that the cost
for this option would be about $5,200 a year.
�RIDLEY CITY COIINCIL MEETINQ OF DECEMBER 10, 1990 pAG$ 14
Mr. McMurtry stated that the final option is a Wellhead Protection
Grant. He stated that this involves well monitoring, a review of
facilities upstream of the aquifer to identify sensitive areas, and
investiqate where potential spills could damage the quality of the
water. He stated that Fridley has already undertaken certain
aepects of such a program. He stated that the Clean Water
Partnership with the State provides matching funds and is a fairly
new proqram in the State.
Mr. Flora stated that the City does not have a contamination
problem in the soil in the Commons Park area. He stated that there
is TCE in the aquifer from which the City is pumping. We do not
know the source of the contamination. He stated that Bruce A.
Liesch Associates is proposing some options on what courses of
action the City may wish to follow. He stated that based on health
standards, the City does not produce a contaminated water.
Mr. Flora felt that it would be best to continue to work with Sruce
A. Liesch Associates to determine if they can find the source of
the pollution. He stated that even if the source was found, there
is a question if the City could obtain any reimbursement because
we do not have a"health" problem. He stated that if the source
is found, action could be taken with the MPCA to remove the
contamination and eliminate future problems.
Mayor Nee asked if Well No. 9 could be driven down deeper.
Mr. Flora stated the l�i Pollution Control Agency's position is that
they do not want the City to avoid the problem, but to deal with
it. He stated that with New Brighton coming back on line and using
the aquifer, he did not know what affect it would have on the
contamination. He stated that the Army will be pumping additional
water out of the ground water at the Twin City Arsenal recovery
site and treating that water and that may have an impact.
Councilwoman Jorgenson stated that she had some concern when Well
No. 9 was taken off line if some TCE would be picked up in other
wells.
Mr. McMurtry stated that Well No. 9 has the highest levels, but
since it is not in production, TCE contamination has increased in
Well No. 8. He stated that, tentatively, it also looks like an
increase in the other wells. He stated that he felt there was a
suggestion that more TCE is moving towards the other wells because
of the additional pumping.
Councilwoman Jorgenson asked if some monitoring wells were
installed, if Bruce A. Liesch would suggest locations.
Mr. Flora stated that Bruce A. Liesch is proposing three deeper
monitoring wells into the aquifer itself and obtaining data from
wells outside of Fridley to detenaine the flow and direction of the
+ �'DLEY CITY COIINCIL MEETING OF DECEMBER 10, 1990 PAa$ 15
co��taminant. He etated that Mounds View receives water from the
aqi.ifer and does not have any contamination.
Mr. McMurtry etated that, in Fridley, there has been only one
prEdominant contaminant which is TCE.
Mr. Flora stated that he would recommend the Council receive the
reFort from Bruce A. Liesch Associates and staff will contfnue to
woYk with them regarding a recommendation to the Council.
MOZION by Councilwoman Jorgenson to receive the Fridley Monitoring
Well Installation Report dated October, 1990 from Bruce A. Liesch
Ass�ciates, Inc. Seconded by Councilman Fitzpatrick. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Cou c
n ilman Schneider asked if any more is known now than before the
stuiy was completed.
Mr. McMurtry stated the study concluded that it is less likely that
the contamination source is immediately upgrade of Commons Park in
the sands and gravel. He stated that if they had detected
con :amination in the local wells, they could have checked the soils
in �:ommons Park. He stated that even though it is most likely not
the source, he would like the City to consider monitoring the
gla:ial drift wells.
24. CLAIMS:
MOT::ON by Councilman Billings to authorize payment of Claims No.
I 350:.8 through 35384. Seconded by Councilwoman Jorgenson. Upon a
voi�:e vote, all voting aye, Mayor Nee declared the motion carried
� una� �imously.
�
25. LZCENSES:
MOT]ON by Councilman Fitzpatrick to approve the licenses as
subiitted and as on file in the License Clerk's Office. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
26. �STIMATES:
MOTION by Councilwoman Jorgenson to approve the estimates as
suba itted :
0
� 1
lRIDL$Y CITY COIINCIL MEETING OF DECEMBER 20, 1990 PAQE 16
Lindahl � Carlson
1821 University Avenue
Suite 318
St. Paul, NIN 55104
I990 Miscellaneous Concrete Curb,
Gutter & Sidewalk Project
pINAL EBTIMATE . . : . . . . . . . . . . . . $ 1, 625. 39
Herrick & Newman
205 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, I�I 55432
Services Rendered as City Attorney for
the Month of November, 1990. . . . . . . . . $ 2,016.90
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, 1�I 55432
Services Rendered as City Prosecuting
Attorney for the Month of September, 1990. .$ �,138.00
AEC Engineers & Designers
511 - iith Avenue South
Minneapolis, MN 55415
Phase II - 3 MG Concrete Reservoir
Repair Project No. 200
(Inspection Services)
Partial Estimate . . . . . . . . . . . . . . $ 591.50
Phase II - 3 MG Concrete Reservoir
Repair Project No. 200
(Inspection Services)
Partial Estimate . . . . . . . . . . . . . . $ 4,239.48
Seconded by Councilman Billings. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
���LSY CITY COIINCIL MEETING OF DECEMBER 10, 1990 PAQ$ 17
$�7 �ZJRNMENT •
MOT[ON by Councilwoman Jorgenson to adjourn the meetinq. Seconded
by :ouncilman Schneider. Upon a voice vote, all votinq aye, Mayor
Nee declared the motion carried unanimously and the Regular Meetinq
of :he Fridley City Council of December 10, 1990 adjourned at 9:13
p.m.
Res�ectfully submitted,
Car�le Haddad William J. Nee
Sec�etary to the City Council Mayor
App �oved :
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�ATE DECEN
ROM PUBLI
UBJECT
CHARIT;
REVISI�
POLICE DEPARTMENT
City of Fridisy
M innesota
MEMORANDUM
1
EnclosE d for first
Code, Chapter 30,
"LawfuJ Gambling"
reading is an ordinance recodifying the Fridley City
entitled, "Charitable Gambling", by renaming the chapter
and amending sections 30.03 and 30,04.
The 76th Legislature passed a sixty-seven page law attempting
compreYensive gambling regulations. Due to statute changes, City staff
has re�iewed our local ordinances that relate to gambling resulting
in specific legislative recommendations. The review process included
discussions with Council as well as conversations and/or meetings with
all currently licensed gambling organizations in our city, two previously
license3 organizations, and one possible future licensed organization.
Several contacts were also made with the State Gambling Board.
On Octo�er 15, 1990 a first reading was conducted with comments from
city or�anizations received. The item was tabled to allow the American
Legion :ime to review the amendments. iCouncil minutes enclosed).
On 11-1E-90 I met with Commander Griff Arnold and Gambling Manager,
Bob Eng�sether af the VFW, along with Harvey Thureen, the Gambling Cammittee
Chairmai of the American Legion.
Mr. Thu:�een stated he was not present at the time the Legion passed
a resol�.tion in opposition of the 50� requirement to spend net profits
in the 3'ridley trade area. Mr. Thureen stated the Legion will have
no prob:ems meeting this requirement. Mr. Arnold and Mr. Engesether
felt th�t by specifically defining the purpose and location of contributions
to the Iepartment of Minnesota VFW, much of which is spent in our defined
trade aiea, they can meet our 50� requirement.
Both orcanizations were plesed that we were proposing to withdraw the
requirenent of 5$ to a city fund. They suggested that organizations
that ha�e sought funds from the city in the past, be directed to their
organizations for contributions.
Both organizations appeared to understand the need of uniformity in
applying the 3� gambling tax to their organizations. They were advised
that we aould monitor the 3$ revenue to the city, which is limited by
the Stat: as to purpose of expenditure, and in the event the city does
not spen3 all of these revenues, we will provide an internal method
of reduc�ng the tax or returning a portion of the funds.
JPH/sa
�
�
�
� . � � . �� : 1 _ .� r . •.�l' 1� : � -
�ersons in tti� audienc� spoks r�qardinq this propos4d sale
�c �s property. �
MOTI)N Councilaan Schnsider to close the publi earinq.
Seco3ded Councilsan Fitzpatrick. Qpon a voice vot all voting
aye, Kayor daclared tha aotion aarried unan usly and the
publ'.c hearinq o�ed at 8:12 p.a.
Qyp� wsirrESS :
6.
HOTIt N by Councilsan Schneidi
Counc il�an l�itzpatrick. Upon
Nee ceclared the aotion car�t'
7.
N
N
w
1A
�le tiiis item. Seconded by
vote, all votinq aye, lta�yor
�ously.
N
KOTIO � Councilsan !'itzpatrick to waive the second
Ordi ce No. 957 and adopt it on second raadinq
p �:ation. Seconded by Council�an Schneider. Upon a
1 v� �tinq aye, llayor Nee declared the sotion carried L
M
inq of
order
;_ ;_ � � • ;.� � • � 4. �!� � -
• � �L i � � f.� � t. .i _ i_Y �. Sf
f �L.i � � 'Y i Y � 1 � r 1f!� � � � � 1
Mr. Hill, Public Saisty Director, stated that the State Legislature
passec a atatute on compr�hensive gamblinq requlations, and he
received calls from orqanizations who currently hold qamblinq
licenses in the City. He �tated that one of the items in the
City's ordinance that waa in conflfct wfth the State �tatute wae
prohibitinq booth workers to announce winnerB. He stated that
there elso was some questfon regardinq limitation on the amount
that orqanizations could pay for rent in liquor eStablishments.
He sta�:ed that the City'� ordinance liaited it to $ioo per veek and
the Stite atatute allowed up to $60o per aonth.
I+Iz�. Hiil stated that wfth the chanqes by the State, it became
obviou,� the City's ordinance had to be reviewed. He stated that
these :asues have been discussed with the Council and sn amendment
to the City's charitable qaablinq ordinance has been drafted, as
vell aa an a�o�endment to applicable �ections of the liquor ordinance
that ralate to sales. Se stated that one of the •iqnificant
chanqes in the etatute explicitly stated that if a City were to
have a�ore �trinqent requlation that it suet apply squally to all
iorms cf charitable qamblinq.
1B
� : � .. �1. � . . � . ..� �� _ � � �
ldr. 8i11 statad that bscause the proposed chanqes Mould hava an
sff�ct on orqanizations in lrridl�y, be spoke p�rsonally vith
rep= �s�ntativ�s o! tiiese organiEationo to aake sure they under�tood
the saendsanta and the axistinq ordinatsce. He stat�d that the only
cancsrn �xpress�d to hia froa th� v�tsrans' orqanizations relatad
to th� control ot qaablinq aanaqars' salaria� and salaris� oi the
boot� workars. H� statsd that h4 is r�cos�endinq th� City not
inclide this r�striction�in th� ordinance.
Mr.:Iill statad that the �ajor chanqaa and proposed aser�dments ara
as i��llows: (1) �xpand provision� o� all forms of lawful qamblinq
thro�ghout the City rather than ju�t pull-tabs; (2) sxpande local
auth�rity to all licensed orqanizatfon4 conductfnq lawful qamblinq
in �.he City rather than just to retail fntoxicatinq liquor
estal>lishments; (3) changes the requirement to contribute 10$ of
the z et proffts within the City to fffty percent wfthin the Fridley
trad�: area; (4) establiehes a fund admini�tered by the City in
whicl� 5� of net profits are passed throuqh to •liqible
orqa��izatfons; (5) aliainatas aost local qame operstion
requ:ations; (6) eliminates employee coapensation restrictions; (7)
incrEases allowable rent from $100/vaek to $600j�onth; (8) applies
the :�� local qamblinq tax �qually to all orqanizations; and (9)
specjfias by ordinance, specific qa�blinq prohibitiona in retail
beer and intoxicatinq lfquor establiahments.
� l�ir. t ene Rafferty, Vice-Coamander of the 1�►�aerican Leqion, atated
� that the 1►�erican Legion has thrse ar�as of concern with this
propcsed ordinance, but thanked Isr. Hill !or clearinq up a lot of
siecc nceptf one . He �tated that one area oi concern is the 3� local
qamblinq tax. He stated he understands that thie three percent tax
ia a oaximum and since aeveral aore orqanizatfons will be added,
it na� be possible to decrease this percentaqe and if there is a
deficit, it could be raised up to three percent.
Mr. Zafferty stated that another area of concern iB the
distr�butfon of the charitable qamblinq funde in the trade area.
He felt that the County ahould be included in this trade area as
they ;�ave sade donations to the li►noka County Sheriff's Department
which vill benefit Fridley. He felt ti�at the trade area needed to
be re� �def ined .
Kr. R��fferty stated that the other concern i• the iive percent of
net p�ofits to the City. He felt that this tive percent could
qradu2.11y increase where it became ten percent. He falt that thie
requi��ement substitutea the Council'� judqement for their policy
�akinc decisions in distributinq funds to the communfty.
I�iz�. l tafferty r�questod the Council allow ti�e !or their
orqanization to review theBe proposed changee vith their
aembei ship.
1C
�p�i ezr�c co�cZL 1[EETI]RG �t O�.'TOBEit 1S,i,90 r�aa s
l�ir. �:rilf 7lrnold, Coa�andar ot th� VMi Post 363, stat�d that there
are a lot o! donations the V!'f� bas to aake to v�terans'
orqaiisations. He statad that last yaar they qave S77•000 to the
V�ta�an� Hoapital tor t�lsphonas. He tslt that tha trade arsa
shoula bs r.vi.wea.
Coun:ilaan Sctin�ider telt that th� orqanization� should ravfew
wher�: their contributions� tiave baan aade over the last several
yaar� since they aay, in lact, ba coaplyinq vith thase proposed
charn�ea in r�gard to the trade arta. _�
l�ir. 1'rench, Gaablinq I�tanqer !or tti� 1Cniqhts ot Colusbus, ielt that
thei: � orqanization would not hav4 a proble� �eetinq the requirement
for �expenditurea in the trade area. He �tated their one concerr�
ia t.iat the ordinance contain provisions for a bingo hall since
they could not �urvive without the rantal of their hall.
Mr. Hill stated that there is nothinq in the City's current
ordi��ance or the propoeed amendments that would prohibit the
Rniqi,ts of Columbue irom conductinq their binqo operatfona.
Mayo� Nee asked that the Rniqhts of Columbua supply information to
whom they have aade contributions.
- 1sr. clen Van Iiulzen, 901 Overton Drive, President of the Fridley
Tiqe= Booeters and past-President of the Fridley Youth J►ssociation,
� statE d that the vaterans o�qanizations havs contributed much to the
youtt in Fridley. He stated that their annual contributions �ake
it pcssible for any youth to participate in sports and use first
rate aquipment that would not have been poBSible without their
suppc rt .
Irlr. ��an Hulzen stated that the veterane' orqanizations have a
formal procese for determininq where their funds will be spent.
He sttited that he haB nothinq aqainst qovernmental orqanizations,
but h�s seen where deciaiona sade by qovernment sometimes were not
in t]�e best intereSts of all. He stated that the veterans'
orqanizations bave done only the best for Fridley and to put
constraints on how they should use their funds ie like a"slam in
the ie�ce". He urqed that tt�e veterane' orqanizations be allowed
to co�tribute to the City as they have done in the past.
Mr. l;aynard Nielsen, Gamblinq ltanaqer ior the Fzidley Lion'B,
statei that the Lion's Club waB in aqreement with the amendmente,
but q ueetioned the five percent. He stated that speakinq as a
Fridl:y resident, he would like to see the contributions from
chari:able gambling remain in the City.
KOTIO'� by Councilsan Billinqs to table this item. Seconded by
Counc llman Schneider. Upon a voice vote, all votinq aye� lrtayor Nee
decla�ed the aotion carried unanf'ously.
�� LE? CI'PY OOOIfCIL ItEETIITSi O! OL'TOHER iS, i, o p�►as io
Coun�ilian Schn�ider asked Mr. Raliarty how auch tiae the �erican
Leqi�n n��dsd to rsvisw thsss propos�d aaand�ants.
lir. Ratlarty stat�d tt�at this issua vould ba discussed at the
aembarship saetinq on Nov�aber 5, 1990.
liayor N�e suggestsd that any o! tiis orqanizations vhich aay have
iurt�er que�tions be in contact with Jia Hill batore this item
comea back to the Councii. Se �xprsssed hfs appreciation of the
dona:ions by the veterans' orqanizations and stated the City is
probsbly the largest recipient of thefr qenero�ity.
� : "; � • , � • �.� � . � " K�' � M►�" �� �
, � �
�i�� �}r, � .� • � -fl� � .; � Y
� • � - i � : �
KOTL �N Council�an Schneider
ordi.►anc upon first rsadinq.
Upon a vo vote, all votinq
carr.ed una ouely.
10.
to waive the readinq and approve
Ssconded by Councilman Fitzpatr
sye, l�iayor Nee declared the a�
M
MOTIc �N by Councflsan S eider to waive .the read q and approve the
ordi��ance upon firat rea nq. Soconded by Co ilman Fitzpatrick.
Upon a voice vote, all v nq aye, Kayor N declared the �otion
�� carr:ed unanimously.
11.
DISTRICTS:
This item will be considere after tem 12, which concerns a
Spec9al Use Permit for this rcel.
12.
�
1��Is. Le�cy, lanninq Coordinator, stated that this is a p eal to
const ru two buildinqs for use as auto repair related us and a
resta ant. She stated that the �ite plan aeets al the
re rements of a C-3 zoninq district. She stated that e
itfoner submitted a landscapinq plan whfch needs some ain
j ue tments .
1D
1E
GAMBLING ORDINANCE 71MENDMENTB
* Expands provisions to all forms of lawful gambling rather than
just pull-tabs. •
* Expands local authority to all licensed organizations
conducting lawful gambling in the city rather than just to
retail intoxicating liquor establishments.
* �hanges the requirement to contribute 10$ of the net profits
aithin the City of Fridley to 50� within the Fridley trade
�rea .
* sliminates most local game operation regulations.
* ::liminates employee compensation restrictions.
* :',ncreases allowable rent from $100 per week to $600 per month.
* �.pplies the 3� local gambling tax equally to all
crganizations. Requires return of unused tax. Exempts tax
to holders of exemption certificates.
* i imits Bingo halls and lawful gambling organizations to 4 days
a week and 12 Bingo occasions in a week on the premises.
0
BINGO OCCASION
At lea:,t 15 Bingo games must be held at each occasion and a Bingo
occasic�n must continue for at least 1- 1 1/2 hours but not more
than fcur consecutive hours.
.��,. , .. .,. �:
� a�un� �ooun�x� � �r c�r c�oo�, �
so, �rrrtz� � c�n��, ssr �i� �
� �rr,�W�'QI, G�I,ni�� � �MENIDII�a S�M3L'I'I�T 30.03 AI�ID
BBLTI�T 30.04
;�u�cil of the City of Fridley does on�ain as follvws:
t itle of this Cri�apt:�r "Ct�aritable Gambling" is amer�ad as follc�rs:
1F
nlawf il Gamblinctn
Sec�ti 7�1 30. 03. 'T� T�'A�S �'.A�$+T�[+I�f'e"T�� �e9a = °� � �TIONS
� �--�f-��� }°--���et�-s'�' e�—�.�ee�ls��es Q''�� � ,�..�,a,,,.�-e.a �,
�� C�'�"�� �{'� ��VW'CW�—/�}��rb�A ��O�b�Vi'O TT 7�a1+'i/�„
� i2i G�GiG�Vii�
�
�� --�1 �i �wi ��l 'C'i+��i ww�e.f- 1��_— -_'-�_� � � -=LL L�as -'� � ��avia
4lf�
1� r�—�v�� "�'+v�le4.vT�€ i- .�vw�r�i.s��-i�rs ++e�` r.w�fi� rl.vric»ri Pw�an ln�rfi�l
� r� Y�►!.'.'��r�}��A w� • LTe�- r�w�Ei �-�+ �--- �-i =_�t �.s� �e� A�f � r�era ivas
'� . C�� fi�- �� }�Z v��l �r�A v��n�l �i-i r�c+ �e3ro�A--� �'+ �rlrni�ti ��i-er '�e
,,,�y,.���. �l
�'bQbli • •
Lioen �ed organizations vo�uctiriq lawful c�amblina within the Citv of Fridlev
shall expex�d f ifty oe�*�*� � 50$ ) of its exi�erd? tures for lawful �es
o�ndu�:ted or located within the City of FYidley trade area. Zhe FYidlev trade
area s limited to the City of FYidlev ar�l each city oontictuous to the City of
F`ridl� y_
�.--� �,�-�-=�o-:�t�----t#�-A�-�}=���--a�t���T-a-�st�-��,a' ;.,.. }�,� .,,,,,e� ,.„a
� �e.�e. ..� �i 1 _.•�,,...�,e.,� ,...�nnL,s,.,�
2. � LIR i�� Fi l e sti �l l� �� ��a s •�y i-H �L�� /�i f's� nl �rL
Lioex�: sd oraanizations oor�ducting lawful clamblina within the Citv of Fridlev
must i ile a oapY of nbnthly,gambling board financial reports to t1'ie FY'idlev Ci
Clerk
3. �, �.icensed organizations conductina lawful �lir�a may r�t �e-a conduct
pull-i ab sale c�erations in more than two pre�mises in the City.
4. �• Liaen.sed organizatiarss vonducting lawful aamblir�g within the Citv of
111�E Y- � a+�1�i� �rvi e�ll �+�ll }� �� yre}l� ' w�—�ivbri 1-rt �He n��a�
`�a: Q aposso z�M .l l
in an establishmerit lioensed urider Chavter 603 IIZtitled "Intoxicatirw Liauor��
of thE FYidley Citv Code shall onlv se11 null-tabs fresn a booth u.sed solelv bv
the 1� oe,r�sed lawfvl gamblinq.,organizatio�, and xull-tabs shall neither be sold
b�� layees of the liauor estaUlisYnnent or sold frc�n the bar area•
�� r w� r»�m +w <s r� � Aitn�l ��+e rwwwib i+� �+r �Fl� A.�l 1�v� �w�rnx�i- �F
7
�
� a� i r��v1� �1ffi TV�fI A/r�tif�e .+�wiL+
1G
Page 2 -- OYdinanoe No.
Br--S
-�e�} a�aeve
_� ..__�__�.. �.a. e �nn
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T J �
�
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��i� 11 i�.�er t'�i� i+� G�� � /'"�wSvl ir�e= �++ w� l l e�—..�ir�v�e��' •••�] eww-�l i� ��e.erl
r�Yx =�xveor—��xQS s vvee� vosm � �
i s> > � i �s r✓i —..�1 e� 1� rn t�v� �+��1�1 i�.i•nw.�.r.i
�— .
2�OT f�iR�tiF�3x"� * l�l e �+ra�e�r� ��s � i ro� 1� � 1 7 wr�- • ic e� v� �l l �-�1� e#� i e�+i� A.�.e+.• ���•s�'+ �?v i;a
�w � r� �x !qv Oo�V�q'��x iacsa
�
�} �g�}�A 6�'i�� 33aF3�1i6�@--��A6-�3}�6 eeW`a��r-"'��-
�3.., � ;. �••�.^ ,�,�r;}=�, � ..,^�.,; ��}� Lioen.sed oraanizations wnductirxt lawful
gaanbl: ra in the Citv of Fridley � sha7.1 be responsible for #�e booths and
other equip[netlt used in },. .-,,,,.�+.;,b.. „� �.,"_}''� �awful 9amblinq.
6. Nc b�qo hall lioense holder or lawful.gaanbli.ra lic�er�se holder shall permit
biriao to be conduct.ed oaz the premi.ses more th�n 4 davs in arrv w�eek or nermit
n�re t han 12 bingo oocasions in ariy week.
SEGTIC v 30. 04 . IIJCAL t'�N�j �G TAX
A loc� 1 gambling tax of three peroent (3�) of the gross reoeipts froan lawful
gambli r�, less prizes actually paid by the organization, shall be paid to the
City � or the purpose of regulatir�g said gaanblux�. A� tax not utilized in
oonl.un -tion with r+egulati.rXr said qambling shal.l be retux�'ied to the oontributiria
o�3ani :ations annually Organizations vperatirw urrier a State and Citv at�raved
lawfu]. c;ambliria exe�,ti� certificate are exe�t fran the local crambliria tax.
PASSID AND ADOPTID BY � CITY OaINCII, OF Zf� CIi'Y OF FRIDIEY Zi�IIS LIAY
OF , 1990.
WIIS,IAM J. I� - I�YOR
: M4�-�M
Sf�RT�i A. HAAPAIA - CITY CL�2K
First Feading:
S�d [�eading:
PublisY :
�►
G11'C =
fRIDLE �
2
FGR CONCIIRRENCE BY THE CITY COQNCIL--COMMI88ION 11PPOII�iT1d8NT
CIIRRENT MEMBER
�oveals Commission
Cli °ford Johnson
515i Hughes Avenue N.E.
(H) 572-8214
(Re;�igned--Effective
Oct� ►ber 1, 1990)
DECEMSER 17, 1990
TERM
ERPIRES
4-1-91
APPOINTEE
�
�
CtTYO '
FRIDI� t
MEMORANDUM
Municipsl C�nt�r
6431 Univ��sity Av�nu� N.E.
Fridl�y� MN 55432
�s�z� s��-saso
Office of ths City Manager
TOs The Honorable Mayor and City Counc�
!RO!Is William W. Burns, City Manager *:�
D71T B s
BIIB T$CT:
December 14, 1990
William W. Burns
Establishing a Moratorium on Sexually Oriented Businesses
We zave been hearing rumors that someone is attemptinq to Bite an
adult book store in either Fridley or Columbia Heights. In order
to 3void the embarrassment of another adult use business, we are
rec�mmending that Council pass an emergency ordinance that
regilates the location of a large number of adult oriented
bus inesses .
Sec :ion 4 of the proposed. ordinance specifically says that sexually
ori:nted businesses shall not be located less than 500 feet from
any residential zoning district boundary, and 1,000 feet from any
chu�ch site, school site, or City park. We are also proscribing
the location of one sexually oriented business any closer than
1,0)0 feet from another sexually oriented business.
In ��ddition to the emergency ordinance, we are also suggesting that
Couicil pass a resolution supporting the adoption of an emerqency
ord�nance. The resolution establishes that Council is aware of
stu�iies done in other communities regarding the impact of sexually
ori�:nted businesses, and that the emergency ordinance is based on
kno�iledge of this impact. The resolution is consistent with the
firnlings of a Supreme Court case involving the city of Renton,
Was; iington.
Altliough we did not have an opportunity to give you much notice of
thi;� leqislation, we do hope that you will understand the urqency
of this situation. Staff recommends your approval of this
leq .slation.
WWB rsc
3A
RESOLUTION - 1990
RESOLUTION SUPPORTING THE ADOPTION OF AN EMERGENCY
ORDINANCE PLACING A MORATORIOM ON THE SITING OF
SEXUALLY ORIENTED BUSINESSES PROAIBITING THEIR
LOCATION WITHIN CERTAIN SPECIFIED DISTANCES FROM
RESIDENTIAL AREAS, SCHOOLS, CHURCHES, PARRS AND
PLAYGROUNDS
WHERE�S, the City Council has received copies of the "Report of
the Attorney General's Working Group on Regulation of Sexually
Oriented Businesses", dated June 6, 1989, prepared in conjunction
with Fubert A. Humphrey, III, Attorney General, State of
Minne��ta and the reports of the cities of Indianapolis, Indiana,
dated 1984; Phoenix, Arizona, dated 1979; St. Paul, Minnesota,
dated 1987; all of which regorts are hereafter collectively
referr�d to as "Reports"; and
WHEREA3, the Reports consi�ered evidence from studies conducted
in Minaeapolis and St. Paul and in other cities throughout the
countrt relating to Sexually Oriented Businesses; and
WHEREA�, the Attorney General's Report, based upon the above
refere�ced studies and the testimony presented to it has
concluied "that sexually oriented businesses are associated with
high c-ime rates and depression of property values". In
additi��n, the Attorney General's Working Group ". .. heard
testim��ny that the character of a neighborhood can dramatically
change when there is a concentration of sexually oriented
busine�;ses adjacent to residential property."; and
WHEREA:'�, the Reports conclude that Sexually Oriented Businesses
have ai. impact on the neighborhoods surrounding them which is
distin<t fram the impact caused by other commercial uses; and
WHEREA;, the Reports conclude that residential neighborhoods
locatec within close proximity to adult theatres, bookstores and
other :exually Oriented Businesses experience increased crime
rates lsex-related crimes in particular), lowered pro.perty
values, increased transiency, and decreased stability of
ownersrip; and
WHEREA�, the Reports conclude the adverse impacts which Sexually
Oriente3 Businesses have on surrounding areas diminish as the
distanc� from the Sexually Oriented Businesses increases; and
WI�EREAS, the Reports conclude that studies of other cities have
shown tlat among the crimes which tend to increase either within
or in t�e near vicinity of Sexually Oriented Businesses are
rapes, �rostitution, child molestation, indecent exposure, and
other lewd and lascivious behavior; and
:
WHERE�.S. the Reports conclude that the City of Phoenix, Arizona
study confirmed that the sex crime rate was on the average 500
perceit higher in areas with Sexually Oriented Businesses; and
WHERE]S, the Reports conclude that many members of the public
perce;ve areas within which Sexually Oriented Businesses are
locatEd as less safe than other areas which do not have such
uses; and
WHERE�S, the Reports conclude that studies of other cities have
shown that the values of both commercial and residential
propeities either are diminished or fail to appreciate at the
rate cf other comparable properties when located in proximity to
Sexua]ly Oriented Businesses; and
WHEREFS, the Reports conclude that the Indianapolis, Indiana
study established that professional real estate appraisers
belie�e that an adult bookstore would have a negative effect on
the value of both residential and commercial properties within a
one tc three block area of the store; and
WHEREpS, the Fridley City Council finds the suburban
characteristics of Fridley are similar to those of the larger
citie� cited by the Reports when considering the effects of
Sexually Oriented Businesses; and
WHEREpS, the Fridley City Council finds, based upon the Reports
and the studies cited therein, that Sexually Oriented Businesses
will have secondary effects upon certain pre-existing land uses
within the City; and
WHEREAS, the Fridley City Council finds that proper planning for
the siting of Sexually Oriented Businesses within the City is
necess�ry in order to protect the City's planning process and the
health, safety and welfare of the citizens; and
WHEREA3, the Fridley City Council finds that an interim ordinance
placin� a moratorium on the locating of Sexually Oriented
Businesses within certain specified distances from churches,
resideltial zone district boundaries, schools, and youth
facilities is necessary in order to permit the planning process
to tak� place; and
WHEREA3, the Fridley City Council has received reliable
inform�tion that causes it to conclude that one or more Sexually
Orient�d Businesses may locate in the City before the City
Council completes its study and adopts a permanent ordinance
regula:ing the location and operation of said businesses.
NOW TiEREFORE BE IT RESOLVED that the City Council of the City of
Fridlay, for the reasons stated above, finds that it is in the
inter:st of the health, safety and welfare of its citizens to
adopt an emergency ordinance entitled AN EMERGENCY ORDINANCE
PLACIJG A MORATORIUM ON THE SITING OF SEXUALLY ORIENTED
BUSIN'sSSES PROHIBITING THEIR LOCATION WITHIN CERTAIN SPECIFIED
DISTAJCES FROM RESIDENTIAL AREAS, SCHOOLS, CHURCHES, PARRS, AND
PLAYG tOUNDS .
PASSE) AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS l7th day of DECEMBER, 1990.
William J. Nee, Mayor
Shirl�y A. Haapala, City Clerk
3C
4
ORDINANCE N0.
CITY OF FRIDLEY
ANORA COUNTY, MINNESOTA
AN EMFRGENCY ORDINANCE PLACING A MORATORIUM ON THE SITING OF SEXUALLY
ORIEN7ED BUSINESSES PROHIBITING THEIR LOCATION WITHIN CERTAIN
SPECIiIED DISTANCES FROM RESIDENTIAL AREAS, SCHOOLS, CHURCHES, PARKS
AND P] �AYGROUNDS .
The Cc�uncil of the City of Fridley does ordain as follows:
SECTIt�N 1 PURPOSE AND INTENT
T:�e City Council finds that an interim ordinance placing a
morat�>rium on the locating of Sexually Oriented Businesses within
certa.n specified distances of residential areas, schools, churches,
parks and playgrounds is necessary to protect the health, safety,
moral�, and general welfare of the citizens of the Community; and
T�e City Council further finds that an interim ordinance placing a
morat�rium on the location of Sexually Oriented Businesses is
neces�ary in order to permit the planning process to take place and to
allow the City staff, Planning Commission and Council to proceed in an
orderly fashion to adopt a permanent ordinance restricting the
location of Sexually Oriented Businesses within the City.
SECTI�N 2 AUTHORITY
This ordinance is adopted pursuant to that authority
City in Minnesota Statutes Annotated 5462.355, Subd. 4,
"Interim Ordinance" and City Charter Provision, Section
"Emezgency Ordinance".
SECTION 3 DEFINITIONS
granted the
entitled
306 entitled
pdult Use: Any of the activities and businesses described
belov constitute "Sexually Oriented Businesses" which are subject
to tte regulations of this ordinance.
�. Adult Book and Media Store: An establishment having as a
substantial portion of its stock in trade or stock on
b k ma azines films videotape or other
display oo s, g , .
media which are characterized by their emphasis on matter
depicting, describing, or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas".
4A
8. Adult Cabaret: An establishment which provides dancing
or other live entertainment, if such establishment
excludes minors by virtue of age or if such dancing or
other live entertainment is distinquished or
characterized by an emphasis on the performance,
depiction or description of "specified sexual activities"
or "specified anatomical areas."
C. Adult Establishment: Any business which offers its
patrons services, entertainment or the sale of
merchandise characterized by an emphasis on matter
depicting, exposing, describing, discussinq or relating
to specified sexual activities or specified anatomical areas.
Specifically included in the term, but without
limitation, are adult book and media stores, adult
cabarets, adult hotels or motels, adult mini-motion
picture theaters, adult modeling studios, adult motion
picture arcades, adult motion picture theaters, adult
novelty businesses, and other adult establishments.
D. Adult Hotel or Motel: Adult hotel or motel means a hotel
or motel from which minors are specifically excluded from
patronage and wherein material is presented which is
distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual
activities or specified anatomical areas.
E. Adult Mini-Motion Picture Theater:
(i) An enclosed building with a capacity for less than
50 persons used for presenting motion pictures,
including but not limited to film and videotape,
having as a dominant theme material distinquished
or characterized by an emphasis on matter
depictinq, describing, or relating to "specified
sexual activities" or specified anatomical areas".
(ii) Any business or building which presents motion
pictures, including films and videotapes, having
as a dominant theme material distinguished or
characterized by an emphasis on matter depicting,
describing, or relating to "specified sexual
activities" or "specified anatomical areas", for
viewing on the premises, including but not limited
to private booths, viewing by means of coin
operated or other mechanical devices, and the
viewing of excerpts of motion pictures offered for
sale or rent.
-2-
�.
F. Adult Modeling Studio: An establishment whose major
business is the provision, to customers, of fiqure models
who are so provided with the intent of providing sexual
stimulation or sexual qratification to such customers and
who enqaqe in specified sexual activities or display
specified anatomical areas while being observed,
painted, painted upon, sketched, drawn, sculptured,
photoqraphed, or otherwise depicted by such customers.
G. Adult Motion Picture Arcade: Any place to which the
public is permitted.or invited wherein coin or token-
operated or electronically, electrically or mechanically
controlled or operated still or motor picture machines,
projectors or other image-producing devices are
maintained to show images to five or fewer persons per
machine at any one time, and where the images so
displayed are distinguished or characterized by an
emphasis on depicting or describing specified sexual
activities or specified anatomical areas.
H. Adult Motion Picture Theater: An enclosed building with
a capacity of 50 or more persons used regularly and
routinely for presenting live entertainment or motion
pictures, including but not limited to film and
videotape, having as a dominant theme material
distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas" for
observation by patrons therein.
I. Adult Novelty Business: A business which sells, offers
to sell, or displays devices which simulate human
genitals or devices which are designed for sexual
stimulation.
J. Specified Anatomical Areas are any of the following
conditions:
(i) Less than completely and opaquely covered: (a)
human genitals, pubic region, or pubic hair; (b)
buttock, and (c) female breast below a point
immediately above the top of the areola; and
(ii) Human male genitals in a discernibly turgid state,
even if opaquely covered.
-3-
R. Specified Sexual Activities are any of the following 4C
conditions:
(i> An act of sexual intercourse, normal or perverted,
actual or simulated, including genital-qenital,
anal-genital, or oral-genital intercourse, whether
between human beings or between a human being and
an animal.
(ii) Sadomasochi�stic abuse, meaning flagellation or
torture by or upon a person who is nude or clad in
undergarments or in a revealing costume or the
condition of being fettered, bound, or otherwise
physically restricted on the part of one so
clothed.
(iii) Masturbation or lewd exhibitions of the qenitals
including any explicit, close-up representation of
a human genital organ.
(iv) Physical contact or simulated physical contact
with the clothed or unclothed pubic areas or
buttocks of a human male or female, or the breasts
of the female, whether alone or between members of
the same or opposite sex or between humans and
animals in an act of apparent sexual stimulation
or gratification. .
SECTI(�N 4 LOCATION OF SEXUALLY ORIENTED BUSINESSES
D�.ring the term of this Ordinance, no Sexually Oriented
Busine�sses shall be located less than 500 feet from any residential
zoninc district boundary or site used for residential purposes
and lE�ss than 1,000 feet from any church site, from any school
site, or from any park. In addition, no Sexually Oriented
Busin��sses may be located within 1,000 feet of another Sexually
Orien�.ed Business. For purposes of this Ordinance this distance
shall be a horizontal measurement from the nearest existing
resid��ntial district boundary or site used for residential
purpo:,es, church site, school site, park site or another Sexually
Orien�.ed Business site to the nearest boundary of the proposed
Sexua:.ly Oriented Business site.
SECTIc►N 5 PUBLIC HEARING AND STUDY
Tl�e City Council hereby directs the City staff to study the siting
of Se::ually Oriented Businesses as defined in Section 3 above and tc.�
sched�ile a public hearing before the Planning Commission on the �
day o:` January, 1991, at which time public comment will be accepted
and r��ceived regarding the placement and location of Sexually Oriented
-4-
4D
Busine:ses within the City. The City staff is further directed to
report the results of their studies along with the recommendations of
the Pl�.nning Commission as soon as the Planninq Commission has
complet.ed their hearings and recommendation. The City staff is
furthe� directed to prepare for Council's consideration a permanent
ordina�.ce prescribing the permitted locations of Sexually Oriented
Busine:ses within the City.
SECTIOI f 6 VIOLATION .
Tl�e City may enforce any provision of this ordinance by mandamus
injunci.ion or any other appropriate civil remedy in any court of
compet�:nt jurisdiction.
SECTI011 7 SEVERABILITY
Ev��ry section, provision or part of this ordinance is declared
several�le from every other section, provision or part thereof to the
extent that if any section, provision or part of this ordinance shall
be helcl invalid by a court of competent jurisdiction it shall not
invali�late any other section, provision or part thereof.
SECTIOIf 8 EFFECTIVE DATE
Th.s ordinance becomes effective upon its passage and shall be in
effect for a period of one hundred eighty (180) days from the date
hereof
PA;�SED by the City Council of the City of Fridley, Minnesota, the
17th d,�y of December, 1990.
ATTEST
Mayor
-5-
MEMORANDUM
Mtxticipat CeMer
6�31 University Avsnue NortheBSt
Fridley, Minnesota 55432
C1ZYOf (612) 572-3507
FRIDLFI F�; (612j 571-1287
�1ll18ID C. H11IIt
Asaistant b t6e Ciry Maaager
S
� �[O '1''Os RII.LZ71K •. BIIRNB, CITY I[71�D►OER � ��'v
��x: wZbt+I�1[ C. 80l1'1', �BSZ8TI1�lT TO TSE CITY �GER I����
• TBJECT t 1! 91 �OLICE CO�i'PRACT
D:ITE: DEC�ER 10, 1�9Q
Tl�e followinq changes to the 1990 Police Contract have been
i��corporated into the 1991 Police Contract:
1, Article I. Date chanqed to Decemb 17
2.
3.
4.
er , 1990.
�rticle 17.1. Kaximum insurance contributfon chanqed from
5225.00 to $255.00
Article 22.1 Waqe rates raised 4.0 percent.
Article 22.2 Amount chanqed from $120.00 to $130.00 per
month.
5. �rticle 22.3
month.
6• J►rticle XXXIII.
l�,mount changed from $140.00 to $150.00 per
Chanqed from $120.00 to $130.00 per month.
7• �irticle XXXVI. Chanqed dates.
WCl [/jb
5A
1tEBOL�TIO� l�. - 1990
� iiE80LIITI0�T 7►PBROVIIiG l�TD �OTHOftISI�TG BIG�TIytG �T
�GREE�LE�1'P sBT71HLIBHI�IG *ORxZ�1G CO�iDZTIO�TB, �G88
�?D 80IIR8 Ol� POLICE OFFICERB O�' THE CITY O! ?itIDI.EY
�OLICE DEP]1RTILB�T'P !OA TSB YE71it 1991
WHEREs,S, the Law Bnforcement Labor Services, Inc. as barqaininq
representative of the Police Officers of the City of Fridley, has
preBelted to the City of Fridley variouB requests relatinq to the
working conditions, waqes and hours of Police Oificers of the
Police Department of the City of Fridley; and
WHEREAS, the City of Fridley has presented various requests to the
Unior and to the employees relatinq to workinq conditions, waqes
and h�urs of Police Officere of the Police Department of the City
of Fridley; and
WHEREAS, representatives of the Union and the City have met and
neqotiated reqardinq the requests of the Union and the City; and
WHERi AS, aqreement has now been reached be�ween the representatives
of the two parties on the proposed changes in the existinq contract
betwEen the City and the Union;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
apprc ves said Aqreement and that the Mayor and the City Manager are
hereiy authorized to execute the attached Aqreement (Exhibit "A")
relatinq to workinq conditions, waqes and hours of Police Officers
of ti e City of Fridley.
PASSI�D AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
th DAY OF , 1990.
WILLIAM J. NEE - MAYOR
ATTE; �T:
SHIRI.EY �. HAAPAI�A CITY CLERK
E�iIBIT "A"
LABOR AGREEMENT
BETWEEN
TiiE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LpiBOR SERVICES, INC.
1991
�
5C
LABOR AGREF•MENT
BETWEEN
THE CITY OF FRIDLEY
PiPTD
LAW ENFORCEMENT LABOR SERVICES, INC.
1991
TABLE OF CONTENTS
�� � PAGE
I P'tJRPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . 1
IZRECOGNITION . . . . . . . . . . . . . . . . . . . . . 1
IIIDEFINITIONS . . . . . . . . . . . . . . . . . . . . . 1
IV EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . 3
V EMPI,OYER AUTHORITY . . . . . . . . . . . . . . . . . . 3
VIUNION SECURITY . . . . . . . . . . . . . . . . . . . . 3
VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE . . . . . . . . 4
VIIISAVINGS CLAUSE . . . . . . . . . . . . . • • • • • • • 7
IXSENIORITY . . . . . . . . . . . . . . . . . . . . . . 7
XDISCIPLINE . . . . . . . . . . . . . . . . . . . • • • 7
XI CONSTITUTIONAL PROTECTION . . . . . . . . . . . . . . 8
XIIWORK SCHEDULES . . . . . . . . . . . . . . . . . . . . 9
XII] OVERTIME . . . . . . . . . . . . . . . . . . . . . . . 9
XIVCOURT TZME . . . . . . . . . . . . . . . . . . . . . • 9
�CV CALL BACK TIME . . . . . . . . . . . . . • • . . . . . 9
XVI WORKING OUT OF CLASSIFICATION . . . . . . . . . . . . 9
XVI: INSURANCE . . . . . . . . . . . . . . . . . . . . . . 10
XVI::I STANDBY PAY . . . . . . . . . . . . . . . . . . . . . 10
XIXUNIFORMS . . . . . . . . . . . . . . . . . . . . . . . 10
5D
TABLE OF CONTENTS (Continued)
�B.T�.S 'S+� ��
XXP. O. S . T . TRAINING . . . . . . . . . . . . . . . . . . 10
7CXI LONGEVITY �PTD EDUCATIONAL INCENTIVE . . . . . . . . . 10
XXIIWAGE RATES . . . . . . . . . . . . . . . . . . . . . . 11
XXII7 LEGAL DEFENSE . . . . . . . . . . . . . . . . . . . . 12
XXIV LOSS OF SENIORITY . . . . . . . . . . . . . . . . . . 12
XXV PROH�ATIONARY PERIODS . . . . . . . . . . . . . . . . . 12
XXVI ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . . . 13
XXVI] HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . 14
XXVI] I SHORT TERM DISABILITY . . . . . . . . . . . . . . . . 15
XXIX FUNERAL PAY . . . . . . . . . . . . . . . . . . . . . 15
XXXJURY PAY . . . . . . . . . . . . . . . . . . . . . . . 16
XXXI COMPENSATORY TIME . . . . . . . . . . . . . . . . . . 16
XXXI7 EMPLOYEE EDUCATION PROGRAM . . . . . . . . . . . . . . 16
XXXI]I PAY FOR INVESTIGATORS OR DETECTIVES . • • • • • • • • 1�
XXXI� BMS CASE NO. 85-PN-486-A, ISSUE 8 . . . . . . . . . . 17
XXXVWAIVER . . . . . . . . . . . . . . . . . . . . . . . . 17
XXXV7 DURATION . . . . . . . . . . . . . . . . . . . . . . . 18
5E
IABOR ]1GREEMENT
BETWEEN
CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
�RTI� :LE I P'URPOSE OF J�iGREEMENT
This AGREEMENT is entered into as of December 17, 1990 between the
CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the LAW
ENFO]:CEMENT LABOR SERVICES, INC., hereinafter called the UNION.
It i:� the intent and purpose of this AGREEMENT to:
1.1 Establish procedures for the resolutfon of disputes concerning
thie AGREEMENT'S interpretation and/or application; and
1.2 Place in written form the parties' aqreement upon terms and
conditions of employment for the duration of this 1�iGREEMENT.
ARTI(LE II RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive
representative, under Minnesota Statutes, Section 179.71,
Subdivision 3, for all police personnel in the following job
classifications:
1. Police Officer _
2. Police Corporal
2.2 In the event the EMPLOYER and the UNION are unable to agree
as to the inclusion or exclusion of a new or modified job
class, the issue shall be submitted to the Bureau of Mediation
Services for determination.
ARTItLE III DEFINITIONS
3.1 Union
Law Enforcement Labor Services, Inc.
� •� r-���
A member of the Law Enforcement Labor Services, Inc.
1
5F
��� ._�
l� �ember of the exclusively recoqnized barqaininq unit.
�� . _ ti �� - � a
The Fridley Police Department
3 . 5 Em��
The City of Fridley
3.6 Chief
The Public Safety Director of the Fridley Police Department.
3.7 i�n;on Officer
Officer elected or appointed by the Law Enforcement Labor
Services, Inc.
3.8 Tnvestigator�Detective
An employee specifically assiqned or classified by the
EMPLOYER to the job classification and/or job position of
INVESTIGATOR/DETECTIVE.
3.9 Uvertime
Work performed at the express authorization of the EMPLOYER
in excess of the employee's scheduled shift.
3.10 Scheduled Shift
I► consecutive work period includinq rest breake and a lunch
break.
3.11 Rest Breaks
Periods durinq the SCIiEDULED SHIFT durinq which the employee
remains on continual duty and is responsible for aesiqned
duties.
3.is Lunch Break
A period during the SCHEDULED SHIFT durinq which the amployee
remains on continual duty and is responsible for assiqned
duties.
2
5G
3.13 �g
Concertod action in lailinq to rsport for duty, tba willful
absence lro� one's poaition, the stoppage of work, slow-down,
or abstinence in whole or in part from the full, taithful and
proper performance of the duties of employment !or the
purposes of inducing, influencinq or coercinq a�vile eB or
conditione or compensation or the riqhts, p 9
obliqations of employment.
ARTIt'LE IV EMPLOYER SECURITY
The 1 rNION aqrees that durinq the life of this AGREEMENT ti�at the
UNIO2' will not cause, encouraqe, participate in or �upport any
stril:e, slow-down or other interruption of or interference with the
norm�.l functions of the EMPLOYER.
ARTI�'LE V EMPLOYER AUTHORITY
5.1 The EMPLOYER retains the full and unrestricted right to
operate and manage all manpower, facilities, and Qquipment;
to establish functions and proqrams; to set and amer►d budgets;
to detera4ine the utilization of technology: to establieh and
iodify the orqanizational atructure; to aelect, direct, and
determine the nwnber of personnel; to establieh work
schedules, and to perform any inherent manaqerial function not
specifically limited by this AGREEMENT.
5.2 Any term and condition of employment not specifically
established or modified by this AGREEMENT shall remain solely
within the discretion of the EMPLOYER to modify, establish,
or eliminate.
ARTI�'LE VI 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 barqaininq unit to
act as a eteward and an alternate and shall inform the
EMPLOYER in writing of such choice and changes in the position
of steward and/or alternate.
6.3 The EMPIAYER shall make space available on the amployee
bulletin board for postinq UNION notice(B� and
announcement(sj.
3
5H
6.4 The UNION aqrees to indemnify and hold the F•MPLOYER harmless
sqainst any and all claims, suite, orderB, or judqment6
brought or iasued aqainst the EMPIAYER as a result of any
action taksn or not taken by the EMPLOYER under the provisions
of this Article.
ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
7.2
7.3
7.4
�: � •� - -�•-
]� qrievance is
interpretatio
conditions of
defined as a dispute or disaqreement as to the
n or application of the specific terms and
thie AGREEMENT.
Z •> ;-. - - -
The EMPLOYER will recoqnize REPRESENTATIVES desiqnated by the
UNION as the qrievance representatives of the barqaininq unit
havinq the duties and responsibilities established by this
Article. The UNION ehall notffy the EMPIAYER in writinq of
the names of such UNION REPRESENTATIVES and of their
successors when ao desiqnated as provided by Section 6.2 of
this AGREEMENT.
. - �. . - . � -
It is recognized and accepted by"the UNION and the EMPLOYER
that the processinq of qrievances ae hereinafter provided is
limited by the job duties and responsibilities of the
EMPLOYEES and ehall therefore be accomplished during normal
workinq hours only when consistent with �uch EMPLOYEE duties
and responsibilities. The agqrieved EMPLOYEE and a UNION
REPRESENTATIVE ehall be allowed a reasonable amount of time
without loss in pay when a qrievance is investiqated and
presented to the EMPIAYER durinq normal working houra provided
that the EMPLOYEE and the UNION REPRESENTATIVE have notified
and received the approval of the desiqnated supervisor who has
determined that euch absence is reasonable and would not be
detrimental to the work proqrams of the EMPZAYER.
Procedure
Grievances, as defined by Section 7.1, shall be resolved in
conformance with the following procedure:
�tep 1.
An EMPLOYEE claiming a violation concerning the interpretation
or application of this AGREEMENT shall, within twenty-one (21)
calendar days after Buch alleged violation has xcurred,
present such qrievance to the EMPIAYEE'S aupervisor as
desiqriated by the EMPIAYER. The EMPLOYER-desiqnated
4
51
representative will discuss and give an answer to auch Step
1 qrievance within ten (10) calendar daye after receipt. �
qrievance not resolved in Step 1 and appealed to Step 2 shall
be placed in writinq �ettinq lorth the nature of the
qrievance, the lacts on which it is based, the provision or
provisiona oi the AGREEMENT alleqedly violated, the remedy
requested, and shall be appealed to Step 2 within ten (10)
calendar days after the EMPLOYER-desiqnated representative's
ifnal anawer in Step 1. Any qrievance not appealed in writinq
to Step 2 by the UNION vithin ten (10) calendar days shall be
considered waived.
�tep 2•
If appealed, the arritten qrievance ehall be presented by the
UNION and discussed with the EMPIAYER-desiqnated Step 2
representative. The EMPLOYER-designated representative shall
qive the UNION the EMPLOYER'S answer in writinq within ten
(10) calendar days after receipt of such Step 2 qrievance.
A grievance not resolved in Step 2 may be appealed to Step 3
within ten (10j calendar days following the EMPIAYER -
desiqnated representatfve's final answer in Step 2. Any
qrievance not appealed in writing to Step 3 by the UNION
within ten (10) calendar days ehall be considered waived.
��''��!
A qrievance unresolved in Step 2 and appealed to Step 3 by
the UNION ehall be submitted to arbitration subject to the
provisions of the Public Employment Labor Relations Act of
1971. The selection of an arbitrator shall be made in
accordance with the "Rules Governinq the Arbitration of
Grievances" as established by the Public Employment Relations
Board.
7.5 Arbitrator's AuthoritY
a. The arbitrator shall have no riqht to amend, modify,
nullify, iqnore, 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 �rritinq by the EMPIAYER 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 the application of laws, rules, or
regulations having the force and effect of law. The
arbitrator's decision shall be submitted in writinq
within thirty (30) days following close of the hearinq
or the submission of briefs by the parties, whichever be
5
5J
later, unless the parties aqree to an extension. The
decision shall be bindinq on both the EMPLOYER and the
UNION and shall be based �olely on the arbitrator's
interpretation or applicatfon of the sxprese terma of
this AGREEI�NT and to the lacts of tha qrievance
presented.
c. The fees and expenses for the arbitrator'� aervices and
proceedings shall be borne equally by the EMPIAYER and
the UNION provided that each party ehall be responsible
for compensatinq its own representatives and witnesses.
If either party desires a verbatim record of the
proceedinqs, it may cause euch a record to be aade,
providinq it pays for the record. If both parties desire
a verbatim record of the proceedinqs the cost shall be
ahared equally.
? . 6 �la iver
If a qrievance ie not presented within the time limite set
forth above, it shall be considered "waived". If a qrievance
is not appealed to the next step within the specified time
limit or any aqreed extension thereof, it shall be considered
settled on the basis of the EMPLOYER'S last answer. If the
EMPIAYER does not answer a qrievance or an appeal thereof
within the specified time limits, the UNION may elect to treat
the qrievance as denied at that step and immediately appeal
the qrievance to the next etep. The time limit in each etep
may be extended by mutual written aqreement of the EMPLOYER
and the UNION in each step.
7.7 ��+oice of Remedy
If, as a result of the written EMPLOYER response in Step 2,
the qrievance remains unresolved, and if the qrievance
involves the suspension, demotion, or discharge of an employee
who has completed the required probationary period, the
qrievance may be appealed either to Step 3 of Article VII or
a procedure such as: Civil Service, Veteran's Preference, or
Fair Employment. If appealed to any procedure other than Step
3 of Article VII, the qrievance is not subject to the
arbitration procedure as provided in Step 3 of Article VII.
The aqqrieved employee Bhall fndicate in writinq t�thich
procedure is to be utilized (Step 3 of Article VII or another
appeal procedure) and ehall siqn a statement to the effect
that the choice of any other hearinq precludes the aqqrieved
employee from making a subsequent appeal throuqh Step 3 of
Article VII.
6
5K
I►ItTIC LE VIII SAVINGS CLAUSE
l'his I�GREEMENT is subject to the laws of the United Statee,
the State of Kinnesota and the City of Fridley. In the ovsnt
sny provi�ion of this l►GREEMENT shall be held to bs contrary
to law by a court of competent jurisdiction iroa vhoae linal
judqment or decree no appeal has been taken withfn the time
provided, �uch provieions shall be voided. All other
provi�ions of tt�is �1GREEMENT ehall continue in lull lorce and
�ffect. The voided.provision may be reneqotiated at the
rrritten rsqueet of sither party.
ARTIC LE IX SENIORITY
9.1 5eniority shall be determined by the employee's lenqth of
�ontinuous employment with the Police Department and posted
in an appropriate location. Seniority rosters may be
naintained by the Chief on the basis of time in qrade and time
within epecific classifications.
9.2 During the probationary period, a newly hired or rehired
employee may be discharqed at the sole discretion of the
EMPLOYER. Durinq the probationary period a promoted or
reassiqned employee may be replaced in his previous poeition
nt the sole discretion of the EMPLOYER.
9.3 A reduction of work force will be accomplished on the basis
�f seniority. Employees shall be recalled from layoff on the
basis of senio=ity. An employee on layoff shall have an
�pportunity to return to work within two years of the time of
his layoff before any new employee is hired.
9.4 Senior employees will be qiven preference with regard to
transfer, job classification assignments and promotions when
the job-relevant qualifications of employees are equal.
9.5 Senior qualified employees shall be qiven shift assiqnments
preference after eiqhteen (18) months of continuous full-time
employment.
9.6 �ne continuous vacation period shall be Belected on the basis
�f seniority until May ist of each calendar year.
ARTICLE X DISCIPLINE
10.1 The EMPLOYER will discipline employees for just cause only.
Discipline will be in one or more of the followinq forms:
n. oral reprimand;
b, written reprimand;
c. euspension;
?
5L
d. demotion; or
e. discharqe.
10.2 Suspensions, demotions and discharqes will be in written form.
10.3 Written reprimande, notices oi �uspension, and notices of
diacharqe which are to become part of an employee's personnel
tile shall be read and acknowledqed by �fqnature 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 pereonnel tiles at
reasonable times under the direct supervision ot the EMPLOYER.
10.5 Discharqes will be preceded by a five (5) day 4uspension
without pay.
10.6 Employees will not be Questioned concerninq an investigation
�f disciplinary actfon unless the employee has been qiven an
�pportunity to have a UNION representative present at auch
questioninq.
10.7 Grievances relatinq to this ARTICLE ehall be initiated by the
UNION in Step 2 of the qrievance procedure under Article VII.
ARTIC LE XI CONSTITUTIONAL PROTECTION
EmplcYees shall have the rights granted to all citizens by the
Unite3 States and Minnesota State Constitutions.
ARTICLE XII WORK SCHEDULES
12.1 The normal work year is an average forty (40) hour work week
ior full time employees to be accounted for by each employee
through:
d. hours worked on assiqned ehifts:
b. holidays;
�. assigned traininq;
3. authorized leave time.
12.2 �Yolidays and authorized leave time is to be calculated on the
easis of the actual length of time of the assiqned shifts.
12.3 vothinq contained in this or any other Article shall be
interpreted to be a guarantee of a minimum or maximum number
�f hours the EMPLOYER may assiqn employees.
ARTIC LE XIII OVERTIME
13.1 Employees will be compensated at one and one-half (1-1/2)
times the employee's regular base pay rate for hours worked
8
5M
in sxcess of the amployee's reqularly �cheduled shift.
Changes of ahifts do not qualify an employee for ovartime
under this Article.
13.2 yvertime will be distributed as equally as practicable.
13.3 yvertime refused by employees will for record purposes under
�irticle 13.2 be considered as unpaid overtime worked.
13.4 P'or the purpose of computfnq overtime compensatfon overtime
zours worked shall not be pyramided, compounded or paid twice
Eor the eame hours worked.
13.5 )vertime will be calculated to the nearest fifteen (15)
ninutes.
13.6 :mployees have the obligation to work overtime or call backB
[f requested by the EMPLOYER unless unusual circumstances
�revent the employee from so working.
ARTIC � XIV COURT TIME
An em� >loyee who is required to appear in Court durinq hiB scheduled
off-dity time shall receive a minimum of two (2) hours' pay at one
and cne-half (1-1/2) times the employee's base pay rate. �n
exten:ion or early report to a reqularly scheduled shift for Court
appea:�ance does not qualify the employee for the two (2) hour
minimim. An employee who is required to appear in court within
eiqht (8� hours of completinq his regularly scheduled shift between
3:00 3.m., and 9:00 a.m., shall receive a minimum of three (3)
hours pay at one and one-half (1-1/2) times the employee's base pay
rate.
ARTIC: �E XV CALL BACK TIME
An em;>loyee who is called to duty durinq the employee's echeduled
off-d��ty time shall receive a minimwa of two (2) hours' pay at one
and cne-half (1-1/2) times the employee's base pay rate. An
exten,�ion or early report to a regularly scheduled ehift for duty
does �►ot qualify the employee for the two (2) hour minimum.
ARTIC:� XVI WORKING OUT OF CLASSIFICATION
Emplo;�ees assiqned by the EMPIAYER to assume the full
respo� �sibilities and authority of a hiqher job classification shall
recei� �e the salary schedule of the higher classification for the
durat:,on of the assignment.
9
5N
ARTI�:LE XVII INSURANCE
17.1 The EMPLOYER will contributs up to a maximum of two hundred
liity-iive dollars ($255.00) per a�onth per amployas toward
health, lifo and lonq-term disability insurance.
17.2 By autual aqreement sach employee aay use up to fifteen
dollar� ($15.00) per month of health insurance dollara in 17.1
for qroup dental insurance offered throuqh the city.
ARTI�:LE XVIII STANDBY PAY
Empl �yees required by the EMPLAYER to standby shall be paid for
Buch standby time at the rate of one hour's pay for each hour on
etan iby.
ARTI:LE XIX UNIFORMS
The �'iPIAYER shall provide required uniform and equipment items.
ARTZ:LE XX POST TRAINING
The :ity shall assiqn traininq at City expense for Police Officers
to c�mplete 48 hours of P.O.S.T. Board approved education durinq
each three year licensinq period.
ARTI�LE XXI LONGEVITY AND EDUCATIONAL'INCENTIVE
Effe�tive July 1, 1978, the followinq terms and conditions are
effe ctive, except that employees hired after January 1, 1987, shall
not be eliqible for educational incentive.
21.1 After four (4) years of continuous employment each amployee
ehall choose to be paid three percent (3�) of the employee's
base rate or supplementary pay based on educational credits
as outlined in 21.6 of this ARTICLE.
21.2 After eiqht (8) years of continuous employment each employee
shall choose to be paid supplementary pay of five percent (5$)
of the employee's base rate or supplementary pay based on
educational credits as outlined in 21.6 of this ARTICLE.
21. ? After twelve (12 ) years of continuous employanent each employee
shall choose to be paid supplementary pay of eeven percent
(7�) of the employee's base rate or supplementary pay based
on educational credits as outlined in 21.6 of thiB ARTICLE.
21.� After sixteen (16) years of continuous employment sach
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
I►itTICLE .
10
50
21.5 l�nployees �ay choose supplementary pay •ither for lenqth of
i�srvice or for oducational credite no aore often than once
��very twelve (12) �onthe.
21.6 ;�upplementary pay based on educational credits will be paid
�:o employees after t�►elve (12 ) months of continuous smployment
� �t the rate of :
�;ducational Credite etated in
tgrms of colleae cuarter credits
45 - 89
90 - 134
135 - 179
180 or more
Percentaqe Pay
�ncrement
3�
5�
7t
9$
l�ot all courses are to be aliqible for credit. Coursee
:•eceivinq qualifyinq credits must b� job related. (Thus, a
,; year deqree is � automatically 180 credits -- or a 2 year
�:ertificate ie not automatically 90 credits.) Job-related
�:ourses plus those formally required to enter such courBes
��hall be counted. If Principles of Psychology (8 credit6) is
:�equired before takinq Psychology of Police Work (3 credits),
�:ompletion of these courses would yield a total of 11
��ualifyinq credits, C.E.U.'s (Continuing Education Units) in
•ob-related seminars, short courses, institutes, etc. shall
��lso be counted.
"he EMPLOYER shall determine which courses are job related.
1�isputes are qrievable based on the criteria outlined in the
��ward of Minnesota Bureau of Mediation Services Case No.
''8-PN-370-A.
ARTIC:.E XXII WAGE RATES
22.1 ''he followinq wage rates will apply for 1991:
; �taY't. . . . . . .
;►fter Six Months .
� ►tter One Year . .
� ►fter Two Years. .
;►fter Three Years.
. . . . .
. . . . .
. . . . .
. . . . .
. . . .
. . . . .
. . . . .
. . . . .
. . . . .
. . . . .
. . $2,009
, . 2,162
. . 2,470
. . 2,779
. . 3,086
22.2 ��►ployees classified or assiqned by the EMPLOYER to the
;�ollowir►g job classifications or positions will receive one
]�undred thirty dollars ($130.00) per month or one hundred
�hirty dollars (S130.00) pro-rated for less than a lull month
:.n addition to their reqular wage rate:
11
5P
Investiqator (detective)
School Liaison Offfcer
Juvenfle Officer
Doq Handler
Paramedic
Z2.3 Bmployeee classified by the EMPLOYER to the iollowinq job
classification will receive one hundred lifty dollars
($150.00) per aonth or one hundred fifty dollars ($150.00)
pro-rated for lesa than a full aonth in addition to their
reqular waqe rate: �
Corporal
l�RT] CLE XXIII LEGAL DEFENSE
23.] Employees involved in litiqation because of proven neqliqence,
or non-observance, or non-observance of laws, or of a personal
nature, may not receive legal defense by the municipality.
23.: Any employee who is charged with a traffic violation,
ordinance violation or criminal offense arisinq from acts
performed within the scope of his employment, when such act
is performed fn qood faith and under direct order of his
supervisor, ehall be reimbursed for attorney's fees and court
costs actually incurred by Buch employee in defendinq aqainst
6uch charqe.
23.'� The City of Fridley will provide protection for all officers
and Patrolmen aqainst false arrest charqes.
1�RT :CLE XXIV LOSS OF SENIORITY
24.� Employees ehall lose their seniority for the followinq
reasons:
a. Discharqe, ff not reversed.
b. Resiqnation.
c. Unexcused failure to return to work after.expiration of
a vacation or formal leave of absence. Events beyond the
control of the employee which prevent the employee from
returninq to work will not cause loss of seniority.
d. Retirement.
ARZLCLE XXV PROBATIONARY PERIODS
All newly hired or rehired employees will serve a twelve (12)
aorths probationary period.
12
5Q
1�iRTIC LE XXVI I�iNUAL LEAVE
26.1 3ach employee shall be entitled to anrival leawe sway from
�mployment with pay. J►nr►ual leave may be used for �cheduled
�r emerqency absences from amployment. Annual leav� pay shall
�e comguted at the regular rate of pay to which such an
unployee is entftled; provided, however, that tha amount of
iny compensation shall be reduced by the payment received by
:he employee from workers' compensation insurance, Public
�nployees Retirement Association disabilfty insurance, or
;iocial Security di�sability fnsurance. J►n amployee B
.�ccumulation o! annual l�ave will be reduced only by the
.�nount of annual leave tor which the employee roceived
�:ompensation.
26.2 ;►eniority shall epply on scheduled annual leave up to May let
�►f each year. After May lst, scheduled annual leav� shall be
�►n a first come, first serve basis.
26.3 i�beginninq employee ehall accrue annual leave at theea=set84
�:ighteen (18� days per year for the first Beven (7) y
i;uccessive months). An employee �aho has worked aeven (7j
;�ears (84 successive months) shall accrue annual leave at the
�•ate of twenty-four (24) days per year, beqinninq with �e
�:ighty-fifth (85th) month of successive employment.
i,mployee who has worked fifteen (15) years (180 successive
s�onthsj shall accrue annual leave at the rate of twenty-six
i26) days per year, beqinning with the one hundred eiqhty-
iirst (181st) month of consecutive employment. These rates
:re based on b forty hour regular work week. The actual
�mount credited to an employee in any given pay period shall
xe pro-rated accordinq to the actual number of regular hours
`orked during that pay period. Hours worked on overtime,
callback, or standby ehall not enter into the calculation of
the accrual of annual leave.
26.4 Fcr an employee hired on or after January 1, 1984:
Z he maximum total nccumulation of annual leave at the end of
any qiven year shall be thirty (30) days.
C nce a year, at a time designated by the City, an employee
who has completed seven (7) years of service with the City
will have the opportunity to exchange up to three (3) days of
a�cumulated annual leave for cash. At the eame time, an
eaployee who has completed fifteen (15) years of service with
t ze City will have the opportunity to exchanqe up to iive days
oE accumulated annual leave for cash.
13
5R
26.5 For an employee hired before January 1, 1984:
Vacation accrued but unuaed as of December 31, 1983, sha12 be
converted to annual leave at the rate of one (2) day annual
leave tor one (1) day of vacatfon. �lccrued but unuaed sick
leave ae oi December 31, 1983, �hall be converted to annual
leave accordinq to the followinq schedule.
a. lat 45 days @ 1 day ot annual leava for 1 day of sick
leave
b. Znd 45 days @ 1 day of annual leave for 2 daye of 4ick
leave
c. Remainder @ 1 day of annual leave for 3 days of �ick
leave
In lieu of severance pay, one hour of annuaZ leave shall be
credited for each full month of employment up to a maximum of
two hundred forty (240) hours.
The total amount of annual leave credited to the employee's
balance as of January 1, 1984, shall be equal to accrued but
unused vacation plus accrued but unused cick leave converted
accordinq to the formula above plus the amount in Zieu of
severance pay.
If upon conversion to the annual leave plan an +employee'e
accumulation of annual Ieave exceeds thirty (30) days, that
amount shall be the maximum total accumulation (cap) for that
employee at the end of any subsequent year.
Once a year, at a time designated by the City, an smployee
will have the opportunity to exchange up to five (5) daye 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 will have the opportunity to exchange up to
five (5) days of annual leave for cash. Such an exc�ganan
shall reduce the maximum total accumulation (cap)
employee by an equal amount.
26 6 Upon separation from employment with the City, an employee
will be paid one (1) day's salary for each day of accrued
annual leave remaining in the employee's balance.
1�R �ICLE XXVII HOLIDAYS
Employees will receive eleven (il) holidays.
In addition, employees shall be paid at one and one-half (1-
i/2) times their base rate of pay for all hourB worked on
e2even (li) City desiqnated holidays.
ia
5S
l�RTIC �E XXVIII S80RT TERId DISABILITY
28.1 3ach employee who has successfully completed the amployee's
�robationary period �hall be Qliqible ior short ter�
iieabilfty benefit. Such an employee shall be antitled to
Eull pny commencinq on the twenty-first (21et) consecutive
rorkinq day on which the employee fs abeent due to a
physician-certified illness or injury whether on or off the
job, and continuinq until the employee returns to work able
to carry out the full duties and responsibilitias of the
omployee's position �or through the one hundred and tenth
(110th) workinq day of absence, whichever occurs first;
provided, however, that the amount of any compensation shall
be reduced by any payment received by the dieabled omployee
irom worker6' compensation insurance, Public En►ployees
Retirement Assocfation disability insurance, or Social
Security disability insurance. Payment of short term
disability benefit by the City to an employee shall not exceed
ninety (90) working days for any sinqle illnesB or injury,
regardless of the number and spacinq of episodes. The annual
leave balance of an employee receiving short term dieability
benefit shall not be reduced, nor shall Buch employee accrue
annual leave durinq that period.
28.2 Before any ehort term disability payments are made by the City
to an employee, the City may request and fs entitled to
receive from an employee who has been absent more than twenty
(20j working days fn succession a certificate siqned by a
competent physician or other medical attendant certifyinq to
the fact that the entire absence was, in fact, due to the
illness or injury and not otherwise. The City also reserves
the right to have an examination made at any time of any
employee claiming payment under the short term disability
benefit. Such examination may be made on behalf of the Cfty
by any competent person designated by the City when the City
deems the same to be reasonably necessary to verify the
illness or injury claimed.
28.s If an employee hired before January 1, 1984, haa 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 eliqibility for
coverage under short term disability for that same injury.
ARZICLE XXIX FUNERAL PAY
Funeral leave will be qranted to full time employees up to a
maximum of three days. Funeral leave is qranted in case of
deaths occurrinq in the immediate family. For this purpose
immediate family is considered to be a spouse, child, parent,
qrandparent, brother or sister, mother-in-law and
father-ir►-law.
15
5T
ARTIC7� XXX JURY PAY
::t �hall be understood and aqreed that the City ahall pay all
:�eqular full time employees serving on any jury tha difference
.n salary between jury pay and the employee's reqular salary
��r pay while in auch service.
1�iRTIC �E XXXI COMPENSATORY TIME
+Ianagement reserves the riqht to approve compensatory time in
lieu of overtime pay. Compensatory time shall not be
sccumulated in excess of twenty-four (24j hours, and aust be
�sed within the calendar year in �hich it was accumulated as
3etermined by the employer.
ARTICLE XXXII EMPIAYEE EDUCATION PROGRAM
32.1 The City will pay certain expenses for certain education
courses based on the followinq criteria.
a. The traininq course must have relevance to the employees'
present or anticipated career responsibilities.
Attendance shall be at a City approved institution. The
course must be approved by the Department Head.
b. Financial assistance will be extended only to courees
offered by an accredited institution. This includes
vocational schools, Minnesota School of Business, etc.
32.2 Proqrams Financial Policy
Financial assistance vill be extended to cover only the cost
of tuition. Charges for books, student union membership,
etudent health coverage and other charges for which the
student receives some item or services other than actual
instruction will not be paid. The City will pay 50� of the
cost of tuition in advance of the employee's actual
participation in the course and the employee shall pay 50$ of
the cost. Upon successful completion of the course, an
employee will be required to present to his Department Head
a certification of satisfactory work. Satisfactory work is
defined as follows:
a. In courses issuing a letter qrade, a C or above is
required.
b. In courses issuinq a numerical grade, 70� or above ie
required.
c. In courses not issuing a qrade, a certification from the
instructor that the student satisfactorily participated
in the activities of the course is required.
16
5U
32.3 ]t the Employee �atiefactorily completea the couree, he will
2e reimbursed for the additional 50� ot the tuition cost tor
`hich he obliqated himself in the approved application. If
the amployee faila to eatisfactorily complate the courae, he
i�ill not be reimbursed.
32.4 '.'he proqram will not reimburse the employee for the hours he
��pends in class, only for the tuition.
32.5 ;sxpenses ior which the employee is compensated under some
�>ther educational or assistance proqram, �uch as the GI bill,
�rill not be covered.
32.6 Che City will not pay tuition or other costs for those courses
rhich are used to make the employee eliqible for additional
salary.
�iRTICLE XXXIII PAY FC>R INVESTIGATORS OR DETECTIVES
Emplcyees receivinq the one hundred thirty dollars (5130.00j per
monti differential pay shall not be eliqible for the overtime
prov�sions of the contract applicable to Police Officers.
ARTICLE XXXIV BMS CASE NO. 85-PN-486-A, ISSUE 8
The c ity ehall establish a minimum of two months between each ehift
chanc �e in the rotation.
ARTI� :LE XXXV WAIVER
35.1 Any and all prior agreements, resolutions, practfces,
policies, rules and regulations regardinq terms and conditions
of employment, to the extent inconsistent with the provisions
of this AGREEMENT, are hereby superseded.
35.2 The parties mutually acknowledge that durinq the neqotiations
which resulted in this AGREEMENT, each had the unlimited riqht
and opportunity to make demands and proposals with respect to
any term or condition of employment not removed by law from
barqaining. Al1 agreements and understandings arrived at by
the parties are set forth in writinq in this AGREEMENT for the
stipulated duration of this AGREEMENT. The EMPLOYER and the
UNION each voluntarily and unqualifiedly waives the riqht to
meet and negotiate regardinq any and all terms and conditions
of employment referred to or covered in this AGREEMENT or with
respect to any term or condition of employment not
specifically referred to or covered by this AGREEMENT, even
though such terms or onditions may not have been within the
knowledge or contemp�ation of either or both of the parties
at the time this contract was negotiated or executed.
17
sv
7�RTIC] g XXXVI DURATION
Thia 1,GREEMENT shall be sffective as of January 1, 1991, and �hall
remai�� in tull torce and affective until the thirty-first day of
Deceml�er, 1991. In witness whereof, the parties hereto bave
execu•:ed this �GREEMENT on this 17th day of December 1990.
FOR C[TY OF FRIDLEY
Willidm J. Nee, Mayor
Will:am W. Burns, City Manager
FOR 7�1W ENFORCEMENT LABOR SERVICES, INC.
� � _
� %i►
..., .� . _
."
is
MEMORANDUM
Municipal Center
� 6431 U�+iversiry Avenue Northeast
�
Fridley, Minnesota 55432
�y� (612) 572-3507
FR! FAX: (612) 571-1287
William C. Hunt
Assistant W the City Manager
� �
Memo TOt RII.LIAM W. BIIRNS, CITY MANAGER�. �
From� BILLIAM C. HIINT, ASSISTANT TO THE CITY MANAGER �(�j�
SubjlCt: LABOR AGREEMENT WITH INTERNATIONAL UNION OF OPSRATINC;
ENGINEERS LOCAL NO. 49
Date; DECEMBER 14, 1990
The employees of the City of Fridley represented by the
Inte�national Union of Operating Engineers Local No. 49 have voted
to a� ;cept the offer which the City has made. This will involve the
foll�wing changes to the present contract:
1. Article XIV. Discipline. The words "or the union
repres�ntative" are added after the words "to have a third
party" in Section 14.2.
2. Article XIX. Insurance. The maximum monthly contribution of
the employer increased by $30.00 from $225.00 per month to
$255.00 per month.
3.
4.
In accordance with the memorandum of understanding
dated June l, 1987 members of the bargaining unit
who choose Option B of the Flexible Benefit Plan
for City will receive $145.00 per month in 1991.
The duration of the contract will be for one year only from
January 1, 1991 to December 31, 1991.
There will be a four percent increase in hourly rates as
indicated in Appendix A.
I haie prepared a resolution for consideration by the Fridley City
Coun:il at its meeting of December 17, 1990.
WCH/ j b
itE80LIITION NO. - 1990
it880LIITION 71IITHORIZINQ BIQNING 11�i !►GREEMEri'1'
!OR CERTAIN EMPLOYEEB ItEPREBENTED SY INTERNATIO�TA1+
DNIO�T OF OPERATINl3 ENGINEERB, LOCAL �O. �9� �l�'I+�CIO
(pIIBLIC wOR1CB MAINTENANCE) FOR 1991
WHERE�S, the International Union of Operatinq Engineers, Local No.
49, I�iFL-CIO, as bargaining representative for certain Public Works
MaintEnance employees of the City of Fridley, has presented to the
City cf Fridley various requests relating to the wages and workinq
conditions of employees of the Public Works Department of the City
of Fr� dley; and
WHERE2,S, the City of Fridley has presented to the desiqnated
repre:entatives of Local 49 various requests relating to the waqes
and wcrkinq conditions of employees of the Public Works Department
of th�: City of Fridley; and
WHEREi .S, representatives of the Union and the City have met and
neqot:.ated regardinq the requests of the Union and the City; and
WHERE;.S, agreement has now been reached between representatives of
the t�ro parties on the proposed changes to the existinq aqreement
betwe�:n the City and the Union;
NOW, PHEREFORE, BE IT RESOLVED by the City of Fridley that euch
agree�ient is hereby ratified and that the Mayor and City Manaqer
are l�ereby authorized to sign the attached Labor Aqreement
inclu�ling Appendix A, Appendix B, and Appendix C relatinq to waqes
and w��rking conditions of employees of the City of Fridley Public
Works Department.
pASSE) AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
T i DAY OF , 1990
WILLIAM J. NEE - MAYOR
SHIRL�Y A. HAPPALA - CITY CLERK
�
. :
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
THE ZNTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL N0. 49
AFL-CIO
ARTI:LE l. PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the CITY OF FRIDLEY,
hereinafter called the EMPIAYER, and the Local No. 49,
Inte-national Union of Operatinq Engineers, AFL-CIO, hereinafter
call ad the UNION.
It i� the intent and purpose of the AGREEMENT to:
1.1 Establish certain hours, wages and other conditions of
employment;
1.2 Establish procedures for the resolution of disputes concerninq
this AGREEMENT'S interpretation andJor application; and
1.3 Specify the full and complete understandinq of the parties;
and
1.4 Place in written form the parties' agreement upon terms and
conditions of employment for the duration of this �►GREEMENT•
The EMPIAYER and the UNION, through the AGREEMENT, continue
their dedication to the highest quality of public service.
Both parties recoqnize this AGREEMENT as a pledqe of this
dedication.
ARTICLE II. RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative
in i unit as certified by the Minnesota Bureau of Mediation
Serv ices .
ARTICLE III. UNION SECURITY
In �ecognition of the UNION as the exclusive representative, the
EMPIOYER shall:
3.1 Deduct each payroll period an amount sufficient to provide the
payment of dues established by the UNION from the wages of all
employees authorizing in writing such deduction, and
3.2 �emit such deduction to the appropriate desiqnated officer of
the UNION.
3.3
3.4
7he UNION may
t nit to act
t�ritinq of eu
7he UNION aqr
�qainst any
i rought or i:
this Article.
desiqnate certai
�s stewards and
:h choice.
:es to indemnify �
dnd all claims,
sued against the
�RTIC1� IV. EMPIAYER SECURITY
n employees from the barqaininq
shall inform the EMPLOYER in
nd hold the EMPLOYER harmless
suits, orders, or judgments
CITY under the provieions of
The tlt� ION agrees that during the life of this
cause, encourage, participate in or Bupport
or otier interruption of or interference with
of thE EMPIAYER.
ARTICI�E V. EMPLOYER AUTHORITY
AGREEMENT it will not
any strike, alow-down
the normal functions
sc
5.1 7he EMPLOYER retains the full and unrestricted right to
cperate and manage all manpower, facilities, and equipment;
t o establish functions and programs; to set and amend budgets;
to determine the utilization of technology; to establish and
�odify the organizational structure; to se�ect, direct, and
cetermine the number of personnel; to establish work Bchedules
end to perform any inherent managerial function not
Fpecifically limited by this AGREEMENT.
5.2 �ny term and condition of employment not specifically
Established or modified by this AGREEMENT shall remain solely
`ithin the discretion of the EMPLOYER to modify, establish,
cr eliminate.
ARTICI� VI. EMPIAYEE RIGHTS -- GRIEVANCE PROCEDURE
6.1 jEFINITION OF A GRIEVANC�
� grievance is
�nterpretatio
conditions of
defined as a dispute or disagreement as to the
n or application of the specific terms and
this AGREEMENT.
6.2 jNION REPRESENTATIVES
7he EMPLOYER will recognize REPRESENTATIVES designated by the
tNION as the grievance representatives of the barqaininq unit
2aving the duties and responsibilities established by the
)rticle. The UNION shall notify the EMPLOYER in writing of
the names of such UNION REPRESENTATIVES and of their
fuccessors when so designated.
. �
6.3 ;'ROCESSTNG OF A GRIEVANCE
:t is recoqnized and accepted by the UNION and the BMPLOYER
:hat the processinq of qrievances as hereinafter provided is
Limited by job duties and responsibilities of the 81dPIAYEES
�nd ehall therefore be accomplished durinq nor�nal working
iours only when consistent with such EMPLOYEE duties and
cesponsibilities. The aggrieved EMPIAYEE and the UNION
tEPRESENTATIVE shall be allowed a reasonable amount of time
rithout loss in pay when a qrievance is investiqated and
�resented to the EMPLOYER durinq normal workinq hours provided
that the EMPIAYEE and the UNION REPRESENTATIVE have notified
snd received the approval of the desiqnated supervisor who has
ietermined that such absence is reasonable and would not be
3etrimental to the work programs of the EMPLOYER.
6.4 PROCEDURE
Grievances, as defined by Section 6.1, shall be resolved in
conference with the following procedure:
0
An EMPLOYEE claiminq a violation concerning the interpretation
or application of this AGREEMENT shall, within twenty-one (21)
calendar days after such alleged violation has occurred,
present Buch grievance to the' EMPLOYEE'S Bupervieor as
designated by the EMPLOYER. The EMPLOYER-desiqnated
representative will discuss and qive an answer to such Step
1 grievance within ten (10) calendar days after receipt. A
grievance not resolved in Step 1 and appealed to Step 2 shall
be placed in writing setting forth the nature of the
qrievance, the facts on which it is based, the provision of
provisions of the AGREEMENT allegedly violated, and the remedy
requested and shall be appealed to Step 2 within ten (10)
calendar days after the EMPLOYER-designated representative's
final answer in Step l. Any grievance not appealed in writinq
to Step 2 by the UNION within ten (10) days shall be
considered waived.
Sten 2.
If appealed, the written grievance shall be presented by the
UNION and discussed with the EMPLOYER-designated Step 2
representative. The EMPLOYER-designated representative shall
qive the UNION the EMPLOYER'S Step 2 answer in writinq within
ten (10) calendar days after receipt of such Step 2 qrievance.
A grievance not resolved in Step 2 may be appealed to Step 3
within ten (10) calendar days followinq the EMPLOYER-
desiqnated representative's final Step 2 answer. Any
qrievance not appealed in writing to Step 3 by the UNION
within ten (10) calendar days shall be considered waived.
l•� '�
a teB 3 •
:f appealed, the written grievance Bhall be presented by the
iNION and discussed with the EMPIAYER-designated Step 3
��epresentative. The EMPLOYER-designated representative ahall
��ive the UNION the EMPLOYER'S answer in writinq within ten
10) calendar days after receipt of such Step 3 qrievance.
i� qrievance not resolved in Step 3 may be appealed to Step 4
�rithin ten (10) calendar days followinq the F.MPLOYER-
�lesiqnated representative's final answer in Step 3. Any
��rievance not appealed in writing to Step 4 by the UNION
�rithin ten (10) calendar days shall be considered waived.
�,�
.► qrievance unresolved in Step 3 and appealed in Step 4 shall
>e submitted to the Minnesota Bureau of Mediation Services.
,� grievance not resolved in Step 4 may be appealed to Step 5
rithin ten (10) calendar days following the EMPLOYER'S final
�nswer in Step 4. Any grievance not appealed in writing to
�tep 5 by the UNION within ten (10) calendar days shall be
:onsidered waived.
'te
�, qrievance unresolved in Step 4 and appealed in Step 5 shall
�e submitted to arbitration subject to the provisions of the
Public Employment Labor Relations Act of 1971, as amended.
if the parties cannot agree upon an arbitrator the selectfon
�f an arbitrator shall be made in accordance with the "Rules
soverninq the Arbitration of Grievances" as established by the
Public Employment Relations Board.
6.5 A�tBITRATOR'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 UNZON, and shall have
no authority to make a decision on any other issue(s) not
so submitted.
B. The arbitrator shall be without power to make decisions
contrary to or inconsistent with, or modifyinq or varyinq
in any way the application of laws, rules, or regulations
having the force and effect of law. The arbitrator's
decision shall be submitted in writing within thirty (30)
days following the close of the hearinq or the submission
of briefs by the parties, whichever be later, unless the
parties agree to an extension. The decision ehall be
binding on both the EMPLOYER and the UNION and ehall be
based solely on the arbitrator's interpretation or
sF
application of the express terms of thie AGREEMENT and
to the facts of the grievance presented.
�. The fees and expenses for the arbitrator's services and
proceedings Bhall be borne equally by the EMPLOYER and
the UNION provided that each party shall be responsible
for compensatinq its own representatives and witnesses.
If either party desires a verbatim record of the
proceedings, it may cause such a record to be aade,
providing it pays for the record. If both parties desire
a verbatim record of the proceedinqs, the cost ahall be
shared equally.
6.6 WAIVER
If a grievance is not presented within limits set forth above,
it shall be considered "waived". If a grievance is not
appealed to the next step within the specified time limit or
any agreed extension thereof, it shall be considered eettled
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
qrievance as denied at that step and immediately appeal the
grievance to the next step. The time limit in each step may
be extended by mutual agreement of the EMPLOYER and the UNION.
6.7 CHOICE OF REMEDY
If, as a result of the EMPLOYER response in Step 4, the
grievance remains unresolved, and if the grievance involves
the suspension, demotion, or discharge of an employee who has
completed the required probationary period, the grievance may
be appealed to Step 5 of Article VI or a procedure such as:
Civil Service, Veteran's Preference, or Fair Employment. If
appealed to any procedure other than Step 5 of Article VI, the
qrievance is not subject to the arbitration procedure as
provided in Step 5 or Article VI. The aggrieved employee
shall indicate in writing which procedure is to be utilized
(Step 5 or Article VI or another appeal procedure) and shall
Bign a statement to the effect that the choice of any other
hearing precludes the aggrieved employee from makinq a
subsequent appeal through Step 5 of Article VI.
ART]CLE VII. DEFINITIONS
7.1 UNION
The International Union of Operating Engineers, Local No. 49,
AFL-CIO.
7.2 EMPLOYER
The City of Fridley.
6G
• ,����r = :
7, �ember of the International Union ot Operatinq Enqineers,
��ocal 49, AFL-CIO.
7 . 4 j �IPLOYEE
;► member of the exclusively recognized bargaininq unit.
7.5 ;3ASE RATE OF PAY
��he Employee'B hourly pay rate exclusive of lonqevity or any
�ther special allowance.
7.6 �ENIORITY
f,ength of continuous service in any job classiffcations
�overed by ARTICLE II -- RECOGNITION. Employees who are
promoted from job classification covered by this AGREEMENT and
return to a job classification covered by the AGREEMENT shall
have their seniority calculated on their lenqth of service
under this AGREEMENT for purposes of promotion, transfer and
lay off and total length of service with the EMPIAYER for
�ther benefit under this AGREEMENT.
7.7 SEVERANCE PAY
Payment made to an employee upon honorable termination of
employment.
7.8 QVERTIME
Work performed at the express authorization of the EMPLOYER
in excess of either eight (8) hours within a twenty-four (24)
hour period (except for shift changesj or more than forty (40)
hours within a seven (7) day period.
7.9 �ALL BACK
Return of an employee to a specified work site to perform
assigned duties at the e�cpress authorization of the EMPIAYER
at a time other than an assigned shift. An extension of or
early report to an assigned shift is not a call back.
7.10 STANDBY PAY [Transferred from Local Addendum, ARTICLE A.]
A. Compensation for standing by at the City's request, or being
available for work on days that are normally considered to be
employee's day off.
ARTI�LE VIII. SAVINGS CLAUSE
The AGREEMENT is subject to the laws of the United States, the
State of Minnesota and the signed municipality. In the event any
6H
provision of this AGREEMENT shall be held to be contrary to law by
a cou= t of competent jurisdiction from trhose final judqement or
decree no appeal has been taken within the time provided, such
provis ions Bhall be voided. All other provisions of the �iGREEt+�NT
shall :ontinue in full force and effect. The voided provision aay
be rereqotiated at the request of either party.
IIRTICI E IX. WORR SCHEDULES
9.1 7 he Bole authority i.n work schedules is the EMPLOYER• The
t ormal work day for an employee shall be eight ( 8) hours. The
rormal work week shall be forty (40) hours Monday throuqh
iriday.
9.2 :ervice to the public may require the establishment of reqular
: hifts for some employees on a daily, weekly, seasonal, or
�,nnual basis other than the normal 8:00-4:30 day. The
]�IPLOYER will give seven (7) days advance notice to the
�:mployees affected by the establishment of work days different
:`rom the employee's normal eight (8) hour work day.
9.3 :n the event that work is required because of unusual
�:ircumstances such as (but not limited to) fire, flood, snow,
:leet, or breakdown of municipal equipment or facilities, no
idvance notice need by given. Zt is not required that an
:mp2oyee working other than the normal workday be acheduled
:o work more than the eight (8) hours; however, each employee
ias an obligation to work overtime or call backs if requested
inless unusual circumstances prevent the employee from Bo
rorking.
9.4 3ervice to the public may require the establishment of reqular
aork weeks that schedule work on Saturdays and/or Sundays.
ARTICLE X. OVERTIME PAY
10.1 Hours worked in excess of eight (8) hours within a twenty-four
(24) hour period (except for shift changes) or more than forty
(40) hours within a seven (7) day period will be compensated
for at one and one-half (1 1/2) times the employee's regular
base pay rate.
10.2 Overtime will be distributed as equally as practicable.
10.3 Overtime refused by employees will for record purposes under
ARTICLE 10.2 be considered as unpaid overtime worked.
10.4 For the purpose of computing overtime compensation, overtime
hours worked shall not be pyramided, compounded, or paid twice
for the same hours worked.
PiRTI� :LE XI . CAI+L BACK
An e��ployee called in for work at a time other than the employee's
norm �l echeduled shift will be compensated for a minimum of two (2)
61
hour:,' pay at one and one-half (1 1/2) times the employee'B base
pay � �ate .
ARTI�'LE XII. LEGAL DEFENSE
12.1 Employees involved
iqnorance of laws,
employee judgmental
the municipality.
in litigation because of neqliqence,
non-observance of laws,or as a result of
decision may not receive leqal defense by
12.2 Any employee who is charged with a traffic violation,
ordinance violation or criminal offense arisinq from acts
performed within the scope of the employee's employment, when
auch ect is performed in good faith and under direct order of
the employee'a supervisor, shall be reimbursed for reasonable
attorney's fees and court costs actually incurred by such
employee in defendinq against such charqe.
ARTI:LE XIII. RIGHT OF SUBCONTRACT
Nothing in this AGREEMENT shall prohibit or restrict the right of
the EMPLOYER from subcontracting work performed by employees
coveced by this AGREEMENT.
ARTI�LE XIV. DISCIPLINE
14.1 The EMPLOYER will discipline employees only for just cause.
14.2 An employee(s) will not be required to participate in an
investigatory interview by the EMPLOYER where the information
qained from the interview could lead to the discipline of the
employee(s) unless the employee(s) is given the opportunity
to have a third party or the Union Representative present at
the interview to act as a witness for the employee(s).
ARTICLE XV. SENIORITY
15.] Seniority will be the determining criterion for transfers,
promotions and lay-offs only when all job-relevant
qualifications factors are equal.
15.� Seniority will be the determining criterion for recall when
the job-relevant qualification factors are equal. Recall
rights under this provision will continue for twenty-four (24)
months after lay off. Recalled employees shall have ten (10)
workinq days after notification of recall by registered mail
at the employee's last known address to report to work or
forfeit all recall rights.
ART]CLE XVI. PROBATIONARY PERIODS
16. : Every newly hired or rehired employee will serve a twelve (12 )
month probationary period.
�•1'J
16.2 Gvery employee will serve a twelve (12) month probationary
period in any job classification in which the employee hae not
served a probationary period.
16.3 At any time durinq the probationary period, a newly hired or
rehired employee may be terminated at the sole discrQtion of
the EMPIAYER.
16.4 At any time durinq the probationary period, a promoted or
reassiqned employee��may be demoted or reassigned to the
employee's previous position at the sole discretion of the
EMPLOYER.
ARTI(LE XVII. SAFETY
The �IPLOYER and the UNION agree to jointly promote aafe and
healthful working conditions, to cooperate in safety matters and
to eicourage employees to work in a safe manner.
ARTI('LE XVIII• JOB POSTING
18.1 The EMPLOYER and the UNION agree that permanent job vacancies
within the designated bargaininq unit shall be filled based
on the concept of promotion from within provided that
applicants:
18.11 have the necessary qualifications to meet the
standards of the job vacancy; and
18.12 have the ability to perform the duties and
responsibilities of the job vacancy.
18.2 Employees filling a higher job class based on the provisions
of the ARTICLE shall be subject to the conditions of ARTICLE
XVI (PROBATIONARY PERIOD).
18.3 The EMPLOYER has the right of final decision in the selection
of employees to fill posted jobs based on qualifications,
abilities and experience.
18.4 Job vacancies within the designated bargaining unit will be
posted for five (5) working days so that members of the
barqaining unit can be considered for such vacancies.
ARTI�:LE XIX. INSURANCE
19.1 The EMPLOYER will contribute up to a maximum of two hundred
fifty-five ($255.00) per month per employee for qroup health
and life insurance including dependent coveraqe for calendar
year 1991.
19.2 By mutual agreement employees may use fifteen dollars ($15.00)
of the per month per employee of health insurance dollars in
19.1 for dental insurance for all unit employees.
Bmployees not choosinq dependent coveraqe cannot be covered
at EMPLOYER expense for any additional insurance than the
individual group health and group lffe insurance. l�idditional
life insurance can be purchased by employees at the employee's
�xper►se to the extent allowed under the EMPIAYER'S qroup
policy.
19.4 Individual employees may provide for an increased EMPLOYER
contribution for insurances over that amount stipulated by
19.1, 19.2 and 19.3 by lowerinq their salary from the rates
stipulated in APPENDIX A to provide for an increased EMPLOYER
contribution which will fully pay for the employee's health,
life and dental insurance including dependent coveraqe.
1�iRTIC LE XX. ANNUAL LEAVE
20.1 Each employee shall be entitled to annual leave away from
employment with pay. Annual leave may be used for scheduled
or emergency absences from employment. Annual leave pay shall
be computed at the regular rate of pay to which euch an
employee is entitled; provided, however, that the amount of
any compensation shall be reduced by any payment received by
the employee from workers' compensation insurance, Public
Employees Retirement Association disability insurance, or
Social Security disability insurance. An employee's
accumulation of annual leave will be reduced only by the
amount of annual leave for which the employee receives
compensation.
20.2 Seniority shall apply on scheduled annual leave up to May lst
of each year. After May lst, scheduled annual leave shall be
on a first come, first served basis.
20.3 A beginning employee shall accrue annual leave at the rate of
eighteen (18) days per year for the first seven (7) years (84
successive months). An employee who has worked seven (7)
years (84 successive months) shall accrue annual leave at the
rate of twenty-four (24) days per year, beginning with the
eighty-fifth (85th) month of successive employment. An
employee who has worked fifteen (15) years (180 successive
months) shall accrue annual leave at the rate of twenty-six
(26) days per year, beginning with the one hundred
eighty-first (181st) month of consecutive employment. These
rates are based on a forty (40) hour regular work week.erTh�
actual amount credited to an employee in any given pay p
shall be prorated according to the actual number of reqular
hours worked durinq that pay period. Hours t�rorked on
overtime, callback, or standby shall not enter into the
calculation of the accrual of annual leave.
20.4 For an employee hired on or after July 1, 1983:
�
The maximum total accumulation of annual leave at the end of
any qiven year shall be thirty (30j days.
6L
O Zce a year, at a time designated by the City, an employee who
his completed eeven (7) years of eervice with the City will
bsve the opportunity to exchanqe up to three (3) daye of
a:cumulated annual leave for cash. At the aame time, an
enployee who has completed fifteen (15) years oi service with
tze City will have the opportunity to exchanqe up to 5 days
oE accumulated annual leave for cash.
20.5 F�r an employee hired before July 1, 1983:
Vscation accrued but unused as of June 30, 1983 ahall be
c�nverted to annual leave at the rate of one (1) day of annual
leave for one (1) day of vacation. Accrued but unused eick
leave as of June 30, 1983 shall be converted to annual leave
a�cordinq to the following schedule:
a. ist 45 days @ 1 day of annual leave for 1 day of aick
leave
�. 2nd 45 days @ 1 day of annual leave for 2 days of sick
leave
c. Remainder @ 1 day of annual leave for 3 days of �ick
leave.
In lieu of severance pay, one hour of annual leave shall be
credited for each full month of employment up to a maximum of
two hundred forty (240) hours. .
7he total amount of annual leave credited to the employee's
ialance as of July 1, 1983 shall be equal to accrued but
�:nused vacation plus the amount in lieu of severance pay.
]f upon conversion to the annual leave plan an employee's
zccumulation of annual leave exceeds thirty (30) days, that
�mount shall be the maximum total accumulation (cap) for that
Employee at the end of any subsequent year.
C nce a year, at a time designated by the City, an employee
�ill have the opportunity to exchanqe up to five (5) days of
tccumulated annual leave for cash.
7n addition, once a year at a time designated by the City, an
employee with an accumulation of annual leave in excess of
ihirty (30) days will have the opportunity to exchanqe up to
� ive (5) days of annual
7eave for cash. Such an exchange shall reduce the maximum
1ota1 accumulation (cap) of an employee by an equal amount.
20.6 t�pon separation from employment with the City, an employee
��ill be paid one (1) day's salary for each day of acczued
�.nnual leave remaining in the employee's balance.
6M
1�RTI:LE XXI. SHORT TERM DISABILITY
21.1 Each employee who has successfully completed the employee's
probationary period shall be eligible for chort term
disability benefit. Such an employee shall be sntitled to
full pay commencinq on the twenty-first (21st) consecutive
workinq day on which the employee is absent due to a
physician-certified illness or injury, �rhether on or off the
job, and continuing until the employee returns to work able
to carry out the full duties and responsibilities of the
amployee'6 position �or throuqh the one hundred and tenth
(ilOth) workinq day of absence, whichever occurs tiret;
provided, however, that the amount of any compensation shall
be reduced by any payment received by the disabled amployee
from workers' compensation insurance, Public Employees
Retirement Association disability insurance, or Social
Security disability insurance. Payment of short term
disability benefit by the City to an employee shall not exceed
ninety (90) working days for any single illness or injury,
regardless of the number and spacing of episodes. The annual
leave balance of an employee receiving short term disability
benefits shall not be reduced, nor shall such employee accrue
annual leave during that period.
21.2 Before any short term disability payments are made by the City
to an employee, the City may request and is entitled to
receive from any employee who has been absent more than twenty
(20) working days in succession a certificate signed by a
competent physician or other medical attendant certifyinq to
the fact that the entire absence was, in fact, due to the
illness or injury and not otherwise. The City also reserves
the right to have an examination made at any time of any
employee claiming payment under the short term disability
benefit. Such examination may be made on behalf of the Cfty
by any competent person designated by the City when the City
deems the same to be reasonably necessary to verify the
illness or injury claimed.
21.3 If an employee hired before July 1, 1983 has received payments
under the injury-on-duty provisions of previous contracts, the
number of days for which payment was received will be deducted
from the number of days of eligibility for coverage under
short term disability for that same injury.
ARTI:LE XXII. STANDBY PAY AND MINIMUM CALLBACK FOR STANDBY
EMPIAYEES
22.1 Employees who are designated by the City Manager to Berve fn
a"standby" status on behalf of the City on a Saturday, Sunday
or Holiday will receive as compensation for such eervice as
"standby" two (2) hours of overtime pay for each day served
in such status.
sN
22.2 Employees required to pstandby" during the week will receive
as compensation for such service four (4) hours pay at the
overtime rate.
22.3 If on any such day the Employee on "star►dby" shall actually
perform work for the City, the Employee shall be entitled to
compensation for each hour or portion thereof actually worked
at the overtime rate of pay, which shall be in addition to the
standby pay.
22.4 An Employee who is on standby and is called out to perform
work ehall be paid a minimum of one (1) hour overtime for
perforn►ing such work.
ART]CLE XXIII. EMPLOYEE EDUCATION PROGRAM
23.7 The City will pay tuition costs for training courses relevant
to the Employee's present or anticipated career
responsibilities at City-approved institutions. The City will
pay fifty percent (50�) of the cost of tuition in advance and
the Employee will pay the other fifty percent (50�). The
Employee will be required to present to his Department Head
a certification of satisfactory work when the course is
completed.
a. Courses issuing a letter grade: a"C" or above ie
required.
b. Courses issuing a numerical grade: a 70 percent qrade
is required.
c. Courses not issuing a grade: A certification from the
instructor certifying that the student has satisfactorily
participated in the activities of the courses is
required.
23.: If the Employee satisfactorily completes the course, the
Employee will be reimbursed for the additional fifty percent
(50$) of the tuition. The City will not reimburse the
Employee for fees which are charged for instruction,
associated administrative expense, books, student memberehip,
student health coverage and other charqes for which the
student receives some item or service.
23.:'� The City will not reimburse the Employee for expenses
reimbursed under some other education system or program, e.q.
G.I. Bill.
ART::CLE XXIV. FUNERAL PAY
In �:ase of death occurring in the immediate family of an Employee,
suc'.i an Employee may be excused from work for up to three (3) days
wit;i additional time off granted by the City Manager if additional
tim�: is needed. This time off shall not subject the Employee to
. •
loss of pay.
the EmF loyee
(Natura 1 or
aother-in-law
For this purpose, members of the immediate family of
are considered to be =and arent in brother,Se sistera
adopted), parent, q p
or father-in-law.
PiRTICLE XXV. JURY PAY AND WITNESS FEES
An Employee who has been duly summoned for jury duty in any court,
or who Zas been duly summoned as a witness in any proceedinq, shall
be excLSed from work in accordance therewith. Such employee ehall
be antitled to receive as pay a sum of money equal to the
differEnce between what the Employee received as compensation for
such ji.ry duty or witness fees, and the Employee's regular pay.
ARTICLI� XXVI. MILITARY LEAVE
Any Em;�loyee absent from work in accordance with the order o and
duly �:stablished military authority shall receive pay
compen.:ation during such absence as is provided by State Law.
ARTICI:: XXVII. INCENTIVE PAY (LONGEVITY)
Incent'�ve Pay will be paid over and above the base rate of pay for
employ:es permanently hired prior to March 31, 1973 accordinq to
the following schedule:
AEter 5 years of Service:
AEter 10 years of Service:
After 15 years of Service:
2-1/2� of base salary rounded
to the nearest dollar amount
5� of base salary rounded to the
nearest dollar amount.
7-1/2� of base salary rounded
to the nearest dollar amount.
The City of Fridley has agreed to pay incentive pay to Employees
hired prior to March 31, 1973, in recognition of their prior
Bervice and contribution to the City of Fridley. Neither the City
nor tie UNION will attempt to take away longevity or incentive pay
for tzose persons hired prior to March 31, 1973, in future
contr�cts. The amount of incentive pay for eligible Employees will
be necotiated for the affected Employees.
ARTIC]� XXVIII. HOLIDAYS
The II[PLOYER will provide eleven (11) paid holidays.
ARTIC:� XXIX. UNIFORMS
The City of Fridley will furnish uniforms to Employees of the
barqa.ning unit free of charge to the Employee. The City reserves
the r.ght to select the type of uniform to be furnished. The ment
will igree to furnish rain equipment and special safety equip
for a .1 Employees.
. '
�RTICI E XXX •
If thE UNZON
work f �rce as
more lhan on
�uch i mploye
neqotj ations.
negot� ation
negot:ations.
REpRESENTATIVE ON AREA WIDE NEGOTIATIONS
chooses to use one of the personnel from the Fridley
a representative on the area wide bargai�e �a aryf of
e year in three, Local No. 49 will pay
e for the Becond year for the time spent on area wide
The purpose is to spread the cost of such
amonq the several communities involved in joint
]1RTIC] � XXXI • INSZJI2ANCE
The C:,ty will provide group term life insurance with a�aximum of
$10,0i�0 per Employee, and also will provide additior►al AD 4 D
Insur� �nce with a maximum of S10, 000 per Employee. Provided that the
total City cost for all insurance does not exceed the amount set
forth in ARTICLE XIX.
ARTIC: � XXXII . WAIVER
32.1 .►ny and all prior agreements, resolutions, practices,
;�ole�ilo� enteSto the ext nt inconsi tent this the provisions
� � f p ym ,
��f this AGREEMENT, are hereby superseded.
32.2 '�he parties mutually acknowledge that during the negotiations
��rhich resulted in this AGREEMENT, each had the unlimited right
�nd opportunity to make demands and proposals with respect to
�ny term or condition of employment not removed by law from
�argaining. All agreements and understandings arrived at by
;.he parties are set forth in writing in this AGREEMENT for the
;tipulated duration of the AGREEMENT. The EMPLOYER and the
JNION each voluntarily and unqualifiedly waives the riqht to
neet and negotiate regarding any and all terms and conditions
�f 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 this AGREEMENT, even
though such terms or canditions may not have been within the
knowledge or contemplation of either or both of the parties
gt the time this contract was negotiated or executed.
ARTICLE XXXIII. DURATION
The � ��� ulls force and ef fe t unt 1 the u31 t lday9of Decemberl
remal n in
1991.
IN WI TNESS WHEREOF, the parties hereto have executed this AGREEMENT
on ti is day of , 1990.
. �
FOR TH� ZNTERNATIONAL UNION OF
OPERAT]NG ENGINEERS, LOCAL NO. 49,
AFL-CIC
Fred DEreshuk, Business Manager
Joh-n iP ndzimas, President
Jchn M Schouveler, Recording Secretary
Tim Co��nors, Business Representative
Dav d ,indquist, Steward
Richar�l Cameron, Steward
FOR TH: CITY OF FRIDLEY
Wi n J. Nee, Mayor
Willian W. Burns, City Manager
p ;W-A.1
P aW-A. 2
. �
71PPENDIZ 71
RAQEB 1991
public 8arvices ltorker (PSW)
Entry
After one (1) year of
satisfactory perforraance
in PSW-A classification
P;W-B.1 After two (2) year of
satisfactory performance
in PSW-A classification
and achievement of minimwn
qualifications
p;W-8.2 After one (1) year of
satisfactory performance
in PSW-B classification
p;W-C After two (2) years of
satisfactory performance
in PSW-B classification
and achievement of minimum
qualifications
F 5W-C
(Maintenance II in 1989�
F5W-D After five (5) years of
satisfactory performance
and achievement of minimum
qualifications
F SW-D
(Maintenance III in 1989)
gQu_rly Rate
$io.00
$10.'75
$11.51
$12.26
S�•�
S�•�
S13•77
$14.04
Advanc ement to the next step will occur at the next reqular pay
period following satisfactory completion of the time of service
requizement and achievement of minimum qualificatione, if
pertirent.
Mechania
Level �ourlv Rate
A $ 13.02
g $. 14 . 04
I
11PPENDI7C B
pQBLIC wOR1CB MAINTENANCE
ISINIMIIM REQQIREMEIZTB 1991
Publio Bervicea worker Levei 7► Minimum Requir�ments
Hiqh School Diploma, GED or equivalent.
Vali3 l+Iinnesota Class B Driver's License.
Successful completion of City's physical examination includinq druq
test ing, if required.
Ability to read, understand, and follow written and oral
instructions, including safety rules.
Ability to meet the physical demands of the job includinq but not
limited to lifting, bending, climbing, reachinq overhead, pushinq
and pulling.
Abi]ity to perform job responsibilities in climactic extremes.
Abi]ity to perform routine repair and maintenance tasks in one or
morE of the following sections: Streets, Parks, Sewer, Water,
Veh�cle Maintenance.
Abi7ity to work cooperatively as a member of a crew or team.
ss
publia Bervices worker Lsvel 8 l�inimum Rsquirsmsata
l�Ieets c�r exceeds all the minimum requirements of Public Services
Worker Level A
Compleiion of two (2) years of experience at Level A
l�innesc�ta Class B driver's license or appropriate Commercial
Driver's License �.
Succea:�ful completion of all applicable City safety and hazardous
aateri� ,ls training
Safe w��rk practices and safe driving record
Adhere�ice to City's policies in regard to tardiness and sick leave
Adhere��ce to all other policies and procedures for City employees
Abilit;► to deal effectively and tactfully with the public
Good k�owledge of location of streets and public facilfties
Workin�� knowledge of fundamental job duties
CERTIF:CATION:
For St: �eets Workers: Ability to use non-motorized and small engine
types >f equipment in area of job responsibilities
For Parks Workers: Minnesota Non-Commercial Pesticide/Herbicide
Applic�tor License/Certificate
For Se�er Workers:
For W. �ter Workers :
Cert i f icate
Class S-D Waste Water Operator'8 Certificate
Class D Water Supply System Operator's
For Me:hanic's Helper: Demonstrated ability in the repair of emall
enqinea and routine vehicle maintenance
6T
pubiio 8orvices llorker Level C Miaimum Requir�m�nta
l�ieets or exceeds all the minimum requirements of Public Services
Worker Level B
Completion of two (2) years of experience at Level B
Ability to work with minimum amount of on-site supervision
Good knowledqe of all operations, preventive maintenance and
routine repair of equipment operated in area of job responsibility
Enrollment in a Public Works Certificate Proqram or other proqram
related to public works maintenance offered by a technical colleqe
or ccmmunity college with successful completion of one quarter of
course work (at least 16 quarter credits)
Good knowledge of inethods and materials used in area of job
respc nsibility
CERT]FICATION:
For :treets Workers: Completion of course work (at least three (3)
quarl.er credits), in-service training, or certification in one (1)
or m� >re areas including but not limited to the followinq areas:
bitw�inous technology and repair, light equipment operation, tree
trim��ing, traffic control, asphalt testing, sign makinq, pavement
mark:.ng, snow removal
For Parks Workers: In addition to Minnesota Non-Commercial
Pest.cidefHerbicide Applicator License/Certificate, successful
comp:.etion of a course at a technical college (at least 3 quarter
cred.ts) or other certification designated by the City after
cons��ltation with Local 49 in one (1) or more areas includinq but
not :imited to the following: landscaping, irrigation, entomology,
fore:try, turf maintenance, building maintenance and construction,
conc-ete finishing, and surveying
For :ewer Workers:
For Water Workers:
Cert Lficate
Class S-C Waste Water Operator's Certificate
Class C Water Supply System Operator's
su
publia B•rviaas worker Levsi D Kinimum Requir�m�nt•
l�isets �r sxceeda all the minimum requirements of Public ServiceB
i�lorker Level C
Conple-ion of one (1) year of experience at Level C
Comple�ion of a Public Works Certificate Program or other proqram
relatei to public works maintenance offered by a technical colleqe
or co�rmunity college with successful completion of three (3)
quarters of course work (at least 48 quarter credits), provfded
that, 3uring 1990 only, this requirement is waived for employees
in thE Maintenance II classification on December 31, 1989, upon
achiev zment of ten years of service in the Public Works Maintenance
Diviei�n cf the City
AbilitY to work without direct on-site supervision and to make on-
Bite decisions related to task assignments
Broad knowledge of operational aspects of public works maintenance
department/division
CERTII+ICATION:
For Streets Workers: Successful completion of a certified heavy
equipnent training program or equivalent training a�er credits),
and co�pletion of course work (at least three (3� qu
in-sezvice training, or certification in two (2) or more areas
inclucing but not limited to the following areas: bituminous
technclogy and repair, tree trimming, traffic control, asphalt
testirg, siqn making, pavement marking, snow removal, and basic
carper try .
For Farks Workers: In addition to Minnesota Non-Commercial
Pesticide/Herbicide Applicator License/Certificate, successful
complEtion of a course at a technical college (at least 3 quarter
credits) or other certification designated by the City after
consu: tation with Local 49 in three (3) or more areas includfng but
not limited to the following: landscaping, irrigation, entomoloqy,
foresl.ry, turf maintenance, building maintenance and construction,
concre .te finishing, and surveying
For S� :wer Workers :
For i►ater Workers:
Certi: ' icate
Class S-B Waste Water Operator's Certificate
Class B Water Supply System Operator'e
6V
appExDia c
PIISLIC �OR1C8 lSAINTENANC$
�INIMtTM REQIIIREMENTS 1991
Hecbanic
Levei !►
Hiqh school diploma, GED, or equivalent.
Valii Minnesota Class 8 Driver's License or appropriate Commercial
Drivar's License.
Succassful completion of City's physical examination includinq druq
test �nq, if required.
Ability to read, understand, and follow written and oral
inst�uctions, including safety rules.
AbilLty to meet the physical demands of the job including but not
limi�ed to lifting, bending, climbing, reachinq overhead, pushinq,
and �ul 1 ing .
Cour;e work or experience�in diesel mechanics.
Expecience in electric and gas welding.
Two (2) years of applicable experience in auto and/or diesel
main tenance and repair with a variety of light and heavy equipment.
One (i) year of technical college course work (51 quarter credits)
in a ito or diesel mechanics or certification as a Master Automotive
Technician by the National Institute for Automotive Service
Excellence. One additional year of applicable experience can be
Bubstituted for up to seventeen (17) quarter credits.
Lavel 8
Meets or exceeds all the minimum requirements of Level A.
Three (3) years
maintenance and
or one (1) year
Frid ley.
of applicable experience in auto and/or diesel
repair with a variety of light and heavy equipment
experience as Mechanic, Level A, with the City of
One (1) year of technical college course work (51 quartet creditsj
in a ito or diesel mechanics or certification as a Master Automotive
Tech nician by the National Institute for Automotive Service
Excellence.
sw
�
�
c�nroF
F� ��
C011ILMUN[TY DEVELOPMENT
DEPART'MENT
M EMO RAN D UM
DATE: December 6, 1990 ��
TO: William Burns, City Manager�� •
FROM: Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJEt 'T :
Special Use Permit, SP #90-08, by Babinski
Limited
Attacl �ed is the staff report for the special use permit request,
SP #9)-08, to allow outside storage of materials and equipment.
The P:anning Commission voted unanimously to recommend approval of
the r�:quest with the following stipulations:
1. "he existing storage area shall be cleaned of materials not
� lirectly related to the retail lumber and contracting business
:�nd shall be used to store only heavy equipment and materials
�lirectly related to the retail lumber and contracting
I>usiness. Clean up shall be completed by November 15, 1990.
2. �'lat bed trailers shall be allowed to be stored outside the
>torage area in the rear yard at the loading docks. Two
•►ehicles may be parked in the front parking lot for overnight
;>arking, but all other trucks and trailers shall be stored in
:he rear yard.
3. "he existing storage fence shall be re-slatted.
4. "he petitioner shall install an eight foot high wood fence and
:hree boulevard trees along the east property line. The fence
iesign shall be approved by staff prior to installation. The
�oulevard trees shall be a minimum of 2 1/2" caliper.
5. �he special use permit shall be reviewed in one year, and
innually thereafter.
This item was to be presented to the City Council on Noveiaber 19,
1990. The petitioner requested a postponement until more clean-up
could occur. We permitted a delay to this Monday's meeting. We
will �resent a video tape of the results of the petitioner's clean-
up ef:ort. The Planning Commission was adamant that the petitioner
clean-up the site prior to City Council consideration.
7
7A
Bab inski SUP
Dec amber 6, 1990
Pag : 2
We �ideotaped the property on December 6, 1990. The fence has been
installed and the petitioner has cleaned the yard, but it does not
app�ar that the storage area surrounded by a chain link fence has
been cleaned or reslatted as required in stipulation #1.
Therefore, the compliance date should be amended to January 1,
1991.
Staff recommends the City Council approve the request as
rec�mmended by the Planning Commission with the following
stipulations:
1. The existing storage area shall be cleaned of materials not
directly related to the retail lumber and contracting business
and shall be used to store only heavy equipment and materials
directly related to the retail lumber and contracting
business. Clean up shall be completed by January 1, 1991.
2. Flat bed trailers shall be allowed to be stored outside the
storage area in the rear yard at the loading docks. Two
vehicles may be parked in the front parking lot for overnight
parking, but all other trucks and•trailers shall be stored in
the rear yard.
3.
4.
5.
The existing storage fence shall be re-slatted.
The petitioner shall install three boulevard trees 2 1/2
inches in caliper by July 1, 1991.
MM, dn
The special use permit shall be reviewed in one year, and
annually thereafter.
M-� 0-874
_ 7B
� STAFF REPORT
APPEALS DATE
�'�O� �,Ai1i1�j(` (;Q�1I�1I�$$� �14�: June 20, 1990 ; September 26, 1990;
FRtDLEY CITY OOI�ICIL DATE : 12/ 10/90 October 24, 1990 �� � dn
REQUESI'
PERMIT NUMBE R
APPLtCANT
PROPOSED RE �UEST
LOCATION
SITE DA1'A
SIZE
�ENSITY
PRESENT ZON� IG
ADJACENT LAt ID USES
. $� Z�%i:�i
U�.RE$
PARK DEDICAT ON
ANALYS{S
FINANCIAL MAPL ICATIONS
CONFORMANCI : TO
COMPREF� SNE PLAN
COMPAT�ILITY WITH
ADJACENT USI :S 8� ZONNG
ENVIRONMENT� ,L
CONSIDE ;ATIONS
STAFF RECOM �AENDATION
APPEALS RECC �MMENDATION
PLANNING COti MISSION
RECO �AMENDATION
�
SP ��90-08
John Babinski
Allow exterior storage of materials and equipment
1290 - 73rd Avenue N.E.
98,260 square feet
M-1, Light Industrial
M-1, Light Industrial to South and West; M-2, Heavy
Industrial to East; C-1, Local Business to North
Approval with stipulations
Approval with stipulations
7C
Staff Report
SP #9�-08, John Babinski
Page :
e e: t
The p�:titioner, John Babinski, is requesting that a special use
permii, be issued to allo�a the exterior storage of equipment and
mater:als, generally located on Lots 1 through 20, Central Avenue
Addit:.on, the same being 1290 - 73rd Avenue N.E. The petitioner
propo:,es to construct a screening fence along the Central Avenue
boule��ard to comply with the screening requirements.
Site
The s:.te is zoned M-1, Light Industrial, as are the parcels to the
south and west. There is M-1 and C-1, Local Business, zoning to
the n�rth, and R-3, General Multiple Dwelling, and M-2, Heavy
Indus�:rial, zoning to the east. Mr. Babinski's retail lumber and
contr��cting business is located in the concrete building located
in th� southwest corner of the intersection of 73rd Avenue and
Centr��l Avenue. Onan occupies the building south of the
petit.oner's building and the two share a common drive off of
Centr; �1 Avenue.
Analv� cis
Secti�>n 205.17.O1.C.(11) of the Fridley City Code requires that a
speci� �1 use permit be granted for exterior storage of materials and
equip:�ent. The petitioner has an existing storage area of 50 'x
90', `or which a special use permit was not granted. Mr. Babinski
was first cited in 1980 for lack of appropriate screening of
outsi�te storage of materials and equipment as required by code
(Sect.on 205.17.07.B.(1)). Recently, Steve Barg, Code Enforcement
Offic �r, has been working with Mr. Babinski to remove the materials
that ire currently being stored in the front and rear yards of the
parce., or having him apply for a special use permit (please see
attacied code enforcement letters).
As wa; stated earlier, the petitioner has an existing storage area
surroinded by chain link fence with vinyl slats on the east side
as screening. The materials currently being stored within this
area�ire listed on Attachment A. An old MTC bus is currently being
used aithin the storage area to store various types of plumbing
materLals instead of placing these within the warehouse structure.
In adiition, staff could not determine the direct relationship of
some ��f the materials to the retail lumber business and contracting
busin asses.
To conply with the screening requirements of the zoning code, the
petitioner proposes to construct a screening fence along the east
property line. The fence would extend east away from the building
7D
Staff Report
SP #9C-08, John Babinski
Page =
a sho�t distance into the boulevard and then south along the
propeity line (please see site plan).
Staff was contacted by Woody Nelson of Onan Manufacturing regarding
the s�>ecial use permit request. Mr. Nelson inquired as to the
statu: of the storage area; whether or not the petitioner would be
in effect expanding this storage area. Mr. Nelson wanted to insure
that t here was adequate space for their semi-trailer trucks to turn
arounc. in order to access the loading docks on the north side of
the biilding. Mr. Nelson indicated that it is extremely difficult
for Ozan to utilize the loading docks at the west end of the
build:.ng, as it is difficult for their semi-truck trailers to
acces:; these loading docks due to the amount of materials stored
by th� : petitioner.
Updat,� after June 20 1990 Planninq Commission Meetinct
The P Lanning Commission tabled action on this item to allow the
petit.oner time to explore the option of expanding the building.
A war�:house expansion was rejected by the petitioner as it was too
expen, >ive.
The p:titioner has indicated that the existing storage area will
be cl�aned in order to store all the equipment within the storage
area. The equipment that does not fit within the storage area will
be re.ocated to another site. The petitioner indicated that this
couZd be completed by November 15, 1990.
In ad�ition to the items in the rear yard, there are several items
still being stored in the front yard (see Attachment A). The
petitLoner has moved the school bus to another site. The
petitioner indicated that he would like to store the tractor-
trail:rs in the front yard permanently, due to the amount of
vandalism they have experienced. The Code prohibits storage of
materials and equipment in the front yard, therefore, staff cannot
recomnend approval of this request.
Since the building expansion will not be built, and the storage
area aill not be expanded, the issue raised by Mr. Nelson of Onan
has Yeen resolved. There should not be any conflict with the
access points for Onan.
ecoamendation and Stipulations
The s�ecial use permit request is consistent with the uses outlined
by th� M-1 zoning requirements. The proposed fence will allow the
petitioner to meet the screening requirements of the zoning code.
Staff recommends that the Planning Commission recommend to the City
Council approval of the special use permit request, SP #90-08, with
7E
Staf f Report
SP #90-08, John Babinski
Page 4
the following stipulations:
1. The existing storage area shall be cleaned of materials not
directly related to the retail lumber and contracting
business, and shall�be used to store only heavy equipment
directly related to the retail lumber and contracting
business. Clean up shall be completed by November 15, 1990.
2. Flat bed trailers shall be allowed to be stored outside the
storage area in the rear yard at the loading docks.
3. The existing storage fence shall be re-slatted.
4. The petitioner shall install an 8 foot high wood fence and 3
boulevard trees along the east property line. The fence
design shall be approved by staff prior to instaZlation. The
boulevard trees shall be a minimum of 2 1/2" caliper.
Pla:�nina Commission Action
The Planning Commission, at their October 24, 1990 meeting, voted
una iimously to recommend approval of the special use permit request
witi the amended stipulations:
1. The existing storage area shall be cleaned of materials not
directly related to the retail lumber and contracting business
and shall be used to store only heavy equipment and materials
directly related to the retail lumber and contracting
business. Clean up shall be completed by November 15, 1990.
2. Flat bed trailers shall be allowed to be stored outside the
storage area in the rear yard at the loading docks. Two
vehicles may be parked in the front parking lot for overnight
parking, but all other trucks and trailers shall be stored in
the rear yard.
3. The existing storage fence shall be re-slatted.
4. The petitioner shall install an eight foot high wood fence and
three boulevard trees along the east property line. The fence
design shall be approved by staff prior to installation. The
boulevard trees shall be a minimum of 2 1/2" caliper.
5. The special use permit shall be reviewed in one year, and
annually thereafter.
City Council Recommendation
St�ff recommends that the City Council concur with the Planning
aLa�� Report
SP #9t -08, John
Page '
Babinski
Commi:,sion action, except for the second half of stipulation #2,
allow:.ng outside storage in the front yard. Staff recommends that
the CLty Council require all vehicles to be parked in the rear
yard.
7F
S1�ecial Use Permit Aoolfcation
Reasc�r� far spec i a 1 use perrn i t
Jahr� Pabir�ski is the c�wner af Babinski, Ltd. Pabinski Ltd.
i s a whc�lesale/retai 1 lurnber and rni l lwark �uppl ier as whi le
�s a excavating cantractar. As such, �abinski Ltd recefves
1 ��rnber by the truck laad. At t irnes r�ot �11 the lurnber car�
re stared inside the building or the fenced area. Als�,
t etweer� excavat ing �r�trs r�ot al 1 the equipment car� be stc,red
inside the fenced �rea.
T tierefare, we are request i ng a 5pee i a 1 u5e perrn i t t c� st c�re
1 urnber� and equipment in the rear ��f the bui ldir�g autside of
t�e fer�ced area. Ta shield the equiprnent and lurnber fr•��rn
ttie p��blic �^ight of way we are prc�pasing tc build a fer�cP ��n
t�e c�ld Cer�tral Averrue side c�f the buildir�g �s shawn c�r� the
p 1 �n.
7G
Attachment A
Exterior Storaae Items - Babinski Ltd.
In ienced storage area:
Paint buckets
Plumbing supplies
Gas tanks
Iron pieces
MTC bus - used as warehouse space
Heavy equipment
Siding and roofing materials
Miscellaneous unidentifiable items
Out:ide in rear of building:
Three caterpillars
Two forklifts
Four dropped trailers
Five flatbed trailers
Two trucks
Scraper
Dumpster is outside
Pallets
Miscellaneous shipments
Out:ide in front of building:
Motorhome
Trailer
Three green trucks
7H
.
�1
+' /I
;�
�
�- �,� �,
�'� _
1 �
! `r Ma t 12, 1980
�'
'�
CtTI( Q� FF��C.�L�E1�71
•�'1 UNIVER8ITY AVENUE N.E.. FRIDLEY, MINNESOTA 66�9Z
� Mz. John Babiriski
` Ba binski Limited Linnber
1:90 - ?3rd Avenue tl.E.
f Fiidley, MN 55432
TELEPNONE ( d1Z)571•3450
ItE: Screenirg of Outside Stored Materials and Equipment at 1290 - 73rd
Avenue 2i.E. (SECOND NOTICE)
i
DEar Mr. Babinski:
Erclosed please find this department's letter dated April 2. 19Q0 which
b�ought to your attention the need to provide and maintain approved
screeninq around the outside stored materials and equipment located on
tte above listed property.
A: indicated, a reinspection was conducted on May 8, 19dQ at which time
ii was determined that r.o effort has been made to correct this vinlati�n.
T2erefore, the City must aqain require you to either ramove all of tbe
oi tside stored building supplies from this property or provide and
m� intain an approved screening f ence to conceal any outside stored
m� terials and equignent or place this inaterial within ths confines of a
b� ildinq.
A reinspection will be conducted on or a�bout May 27, 1980 to determine
a a►pliance. We are confident in your'cooperation and desire to make
F: �idley a better commnunity to live within. If any questions or �:roblems
r� :sult fro�a this letter, please feel free to contact me at 571-345�.
F�.ilure to abate this violation will rPSUlt in this matteX beinq turned
o• �er to the Cit Pros ecutor for his le�al consideration. �
S. .acerely,
S'EV J. OISOtJ, R S.
E ivironmental Officer
s rol�►n �
E tC: 1 '
�:: Mr. John D. Babinski, 7296 Central Avenue N.E.
Mr. John D. Babinski, 331 Rice Creek Zrerrace N.E.
0
�
..�
CITYOF
FRIDLEY
FR1DLEl' MUf�fC{P.4L CEITER • 6431 UNI�'ERSiTY AVE. N.E. FRfDLEY. Mti SS�i32 •(612) 571-:i450 • FAX �6i?► 571-i�K7
I+Iay 9, 199� �
John Babin: �ki
Babinski L:.mited
1290 - 73rc1 Avenue N.E.
Fridley, l�D � 55432
RE: First Notice of Noncompliance at 1290 - 73rd Avenue N.E.
Dear Mr. 8< .binski :
The City of Fridley has established a City Code for the purpose of
promoting � pleasant and attractive 6uburban environment. The
ebove refe:�enced business is located in an M-1, Light Industrial,
2oning dis:rict. A recent inspection of this property revealed
that not a71 of the requirements pertaining to an M-1 district are
presently �einq met. Listed below are the items which are in
noncompl ia� �ce :
1. 1►iscontinue unscreened storaqe of all materials and
�:quipment located to the 6outh of the building (City Code
�:opy enclosed).
2. 1►iscontinue storage of trailers and school bus located
:.n parkinq area north of the building (City Code copy
� �nclosed) .
Your promp: attention is correcting this situation would qreatly
assist in helpinq make Fridley a better place to live. An
inspection will be conducted on or about I+Iay 28, 1990, at which
time compl Lance is expected. Please call me at 572-3595 if you
have quest.ons or wish to discuss this further. Thanks for your
coopezatio� �!
Sincerely,
Steven Bar� f
Planning l�: ;sistant
SB:ls
C-90-254
7J
PLANN ;
offic�: makes a final decision on the site expansio She would
recomiend tabling the request for 90 days.
The o�:her Planning Commission members were ' agreement.
OM TIO;t by Ms. Sherek, seconded by M. Saba, to table special use
permi� : request, SP #90-06,. by Rob Bushey for Sears Outlet Store,
per Section 205.15.O1.C.(8) the Fridley City Code to allow
exter.or storage of materi on Lot l, Block 1, Shorewood Plaza,
gener �lly located at 100 ast Moore Lake Drive N.E., until a final
deter.iination is ma by Sears' corporate office, or 90 days,
which�ver comes s er.
OPON � VOI VOTE, ALL VOTING AYE� CBAIRPERSON BETZOLD DECLARED
THE M�)TI CARRIED IINANIMOOSLY.
Mr. ishey stated he certainly appreciated the extra time granted
th� Planning Commission.
3. 'UBLIC HEARING CONSIDERATION OF A SPECIAL USE PERMIT. #90-
)8. BY JOHN BABINSKI:
�er Section 205.17.O1:C. (11) of the Fridley City Code to allow
:xterior storage of materials on Lots 1 through 20, Central
.�venue Addition, generally located at 1290 - 73rd Avenue N.E.
MOTIOI by Mr. Saba, seconded by Ms. Sherek, to waive the reading
of th: public hearing notice and open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED
THE M)TZON CARRIED AND THE PIIBLIC HEARZNG OPEN AT 8:05 P.M.
7K
Ms. M�Pherson stated this request is for the exterior storage of
equipnent and materials at 1290 - 73rd Avenue. The petitioner
occup'�.es the yellow building at the intersection of 73rd and
Centril Avenues. The property is zoned M-1, Light Industrial, and
there is additional industrial zoning to the south and west. The
petit�oner's site shares a common driveway with the Onan building
to tte south. In order to screen the outside storage, the
petit�oner is proposing to construct a fence along the public
right-of-way on the east side of the property.
Ms. M�Pherson stated that in 1980, the petitioner was cited for
lack ��f appropriate screening of outside of materials and equipment
as required by Code. Recently, Steven Barg, the City's Code
Enfor;ement Officer, has been working with Mr. Babinski to either
remov� the materials that are currently being stored in the front
and raar yards of the parcel or apply for a special use permit.
Ms. M:Pherson stated the petitioner does have an existing fenced
stora�e area on the south side of the building. The materials
curreitly being stored within this storage area are listed on
Attac iment A of the Staff Report. Currently, an old MTC bus is
7L
pLANNZ2 G COI+D�IBSION KEETING. JVNE 20. 1990 P71GE 7
being i.sed to store various types of plumbinq materials; and, in
additicn, staff could not determine the direct relation of some
materiFls to the petitfoner's lumber contracting business and
excavating business.
Ms . Mc: �herson stated there is adequate space on the property to
constn ct a 55 ft. x 300 ft. warehouse addition which would giin
the petitioner an additional 5,500 sq. ft. of warehouse space.
additic n to the items within the storage area, there are items that
are cu:-rently being stored in the front and rear yards. These
items tre also listed on Attachment A of the Staff Report.
Ms. Mc'. �herson stated the petitioner is proposing to construct a
solid `ence along the east property line which would follow the
public boulevard. This fence would allow the petitioner to comply
with t2e screening requirement of the zoninq code.
Ms. Mc��herson stated staff was contacted by Woody Nelson of Onan
Corpor�tion. Mr. Nelson was concerned that the storage area not
be exp� nded any larger than it is as it can be difficult for Onan's
trucks to access their loading docks. The loading docks of the two
buildiigs are staggered so that access and truck parking will not
interfEre with each other. Mr. Nelson was concerned that any
furthe� expansion of the storage area could interfere with this
type o� activity and would limit the access to the western loading
dock a� eas .
Ms. Mcl�herson stated the special use permit request is consistent
with the uses outlined by the M-1 zoning requirements. The
proposc d fence would allow the petitioner to meet the screening
requirements of the zoning code. Staff recommends that the
Planniig Commission recommend to City Council approval of the
specia: use permit request with the following stipulations:
1, The existing storage area shall be cleaned of materials
not directly related to the retail lumber and contracting
business and shall be used to store only the following
items:
a. three caterpillars
b. one forklift
c. one scraper
d. pallets
e. one crane
2 Vehicles used on a daily basis shall be allowed to be
stored outside the storage area.
7M
PLANNIrG COMMZSSION MEETING, JIINE 20, 1990 pAGE S
3. The existing storage fence shall be reslatted.
4. The petitioner shall desiqnate parkinq spaces at the rear
of the building for the tractor trailers currently parked
in the front yard.
5. The petitioner shall discontinue outside storaqe of the
follow.ing items which are currently stored in the front
yard:
a. school bus
b. motorhome
c. trailer
6. The petitioner shall install an 8 foot high wood fence
and 3 boulevard trees along the east property line. the
fence desiqn shall be approved by staff prior to
installation. The boulevard trees shall be a minimum of
2 1/2 inches caliper.
Ms. Dac� stated the petitioner has advised staff that they might
want tc pursue constructing additional warehouse space, and the
Plannin; Commission may want to encourage the petitioner to explore
that op :ion.
Mr. Bet;old asked if the petitioner is aware of Onan�s concerns.
Ms. Dac � stated staff gave a copy of Mr. Nelson's letter to the
petitio�er. It is staff's understanding that Mr. Nelson is
concern:d about the expansion of the storage area, and it is
staff's intent to limit the storage area to what is existing and
not to Lncrease the storage area beyond the existing fence line.
Mr. Sabi stated he is concerned about the materials being stored
on the ��roperty. Have any environmental impact or soil tests been
done fo- this area?
Ms. Dac�� stated that according to the petitioner, the storage area
is blac�topped and not raw earth. To staff's knowledge, no soil
tests h��ve been done in this area, and that is the reason 6taff is
zecomme �ding the area be cleaned up and used only for the equipment
needed :'or the business. Staff has reviewed the stipulations with
the petitioner, and he has assured staff that he will separate
those m. ►terials.
Mr. Sab� stated there is a storm sewer right outside the storage
area. 1,ny contaminants will wash down the blacktop right into the
storm s� �wer.
�I1 fG COMMISSION MEETING. JIINE 2C �
9 9
Ms. Dacy stated there is also a continuinq concern about the
proper�:y next door and the outside storage for a welding and tank
operat.on. If there is any contamination, it is probably coming
from tzat location. The bottom line is that they all want the
petiti�ner's outside storage area cleaned up.
Ms. Sharek asked what the �zoning code says about outside storage
of materials in M-1 zoning districts. Is. storage limited to
equipm:nt and materials related to the particular business, or can
anythi�g be stored outside?
Ms. Da�y stated the language for the M-1 zoning district states:
"exterior storage of materials and equipment". In another section
of th�' 1 use mat be stored in theCrear yardCif they are screened
princi �a Y
from tze public right-of-way."
MoTION by Ms. Sherek, seconded by Mr. Dahlberg, to receive the
letter dated June 18, 1990, from Norwood Nelson, Director,
Corpor3te Facilities, Onan Corporation, to Donald Betzold.
UPON ! VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD DECLARED
TiiE MC TION CARRZED UNANZMOUSLY .
Mr. F:�ank Kramer stated he is representing John Babinski. He
statec Mr. Babinski is willing to clean up the storage area of
materials not directly related to the retail lumber and contracting
busine ss.
Mr. B�tzold asked what can be done about any environmental
conce2ns. Is there any City staff that can look into that?
Ms. D�cy stated there is no one on staff qualified to do that. In
the p�st, the City has asked Pollution Control Staff to do an on-
site ��isit, and then have the property owner conduct soil tests
and/oz samples of runoff as it discharges from the site.
Mr. K�amer stated that basically all they have stored on the site
are tires and smaller tanks. The larger tanks are owned by
Deterr,an Welding located next to their property.
Ms. Sierek stated if it is the petitioner's intention to remove at
least one old truck body and the MTC bus.
Mr. K�amer stated they want to explore the possibility of building
addit:.onal warehouse space. They are a contracting business that
insta:.ls sewer and water and they do a lot of earthwork.
The MTC
bus i: used to store fittings for their Pewer and water contracta�e
busin�sss, and they would like to kee the MTC bus. They
prepa.-ed to cover it or camouflage it in some way.
7N
TO
�LAN]'ING COMMISSION l�IEETIHQ. JIINB 20. 1990 PAGE 10
Ms. :herek stated she is very concerned because she lives in this
neigi borhood. She asked if it is logically possible to accommodate
all the equipment on this site, particularly in the winter time,
withcut parking some of the vehicles either in front of the
building or behind the building?
Mr. Kramer stated they do have other storage areas for their heavy
equipnent. Only about 10$ of all their heavy equipment is at this
locat ion at any given time. He stated they have removed almost
every:hing from the front parking lot. The reason the trucks are
still parked in front is because there is a severe vandalism
probl:m in this area. When the trucks are parked in back, windows
are �roken, mirrors torn off, etc. In six months, they had 5
broke� windows and cne bzoken mirror.
Mr. BEtzold stated that because of the vandalism problem, maybe it
would be more practical and more feasible to build a storage area.
Ms . Sr erek stated that a slatted fence around the storage area will
not hElp the vandalism problem; in fact, it will probably make it
worse, because the vandals cannot be observed from the street.
Mr. K2amer stated they would like to discuss with City staff the
possitility of a 5,500 sq. ft. storage additicn. The addition
would be a pole, metal type storage building. The metal building
would be more cost effective, and the side facing Central Avenue
would �e all garage doors so they can back in the trucks off their
existi�g driveway. The other two sides would face Determan Welding
and On 3n's warehouse side. Before they start drawing up plans,
they winted to first get a feeling from staff and the Commission
on whe:her this type of building is feasible.
Ms. Da :y stated there is no specific statement in the code that
says m�tal buildings are prohibited. However, it has been the
City's consistent policy that additions are to be architecturally
compa�:ble with the existing building. Mr. Kramer does raise a
good pcint about the visibility issue and what is surrounding the
proposE d addition. She stated that, depending upon the type of
metal Exterior, it is possible that it might not be offensive.
MOTION by Ms. Sherek, seconded by Mr. Dahlberq, to close the public
hearinc.
IIPON A VOICE VOTE, ALL VOTING lIYE, CHAIRPERSON BETZOLD DECLARED
TSE MOTtON CARR2ED I�ND THE PQBLIC REARING CLOSED 71T 8:35 P.M.
Mr. Sa�� stated he would be more in favor of a storaqe addition
than a Fenced-in stcrage area.
Ms. She:-ek stated she would prefer the storage addition, because
it is a more permanent solution than a fence along Central Avenue.
7P
L� ANN:NG COMMISSION MEETIN^ T"u° 'n �oog E 1
Ms. D<<cy stated staff, along with Darrel Clark, the Chief Building
Offic.al, can discuss the storage addition with the petitioner.
Mr. K^amer stated he would be willing to table the epecial use
permi�: request as long as he can clean up the area, but not
elimi��ate everything until they arrive at a more penaanent
solut: .on.
Ms. Sl�erek stated her biggest concern is that the petitioner can
have 1he best intentions of resolving the issue by cleaning up the
storac �e area and putting everything in back. By havinq a fence
which might encourage more vandalism, she can see everything coming
back c�ut front again, and that is not a solution to this storage
problEm. She would like to see the petitioner explore the option
of a:torage addition with staff.
MOTIOr by Mr. Saba, seconded by Ms. Sherek, to table special use
permit , SP #90-08, by John Babinski, to give the petitioner and
staff an opportunity to discuss the possibility of a storage
build�ng addition.
OPON 7, VOZCE VOTE, ALL VOTING AYE, CBAZRPERSON BETZOLD DECLARED
THE MCTI�N CARRIED IINANZMOUSLY.
4. FUBLIC HEARING CONSIDERATION OF A SPECIAL TJ_SE PERMIT. SP
,�90-09 BY EF E INCORPORATED OR MAACO AUTO PA NTING ND
E�DYWORKS:
Fer Section 205.18.01.C.(12� of the Fridley City Co to allow
exterior storage of materials and equipment on ot 2, Block
4, Commerce Park, and that part of Lat 2 lyin n Section 10-
30-24, subject to utility and gas easemen as shownenerallt
and subject to any other easements record, g Y
l�cated at 100 Osborne Road N.E.
MOTION by Mr. Kuechle, seconded by Ms. herek, to waive the reading
of the public hearing notice and o n the public hearing.
UPON p VOICE VOTE, ALL VOTIN YE, CHAIRPERSON BETZOLD DECLARED
THE MOPION CARRIED l�ND T8E LIC HEARING OPEN AT 8:40 P.M.
Ms. Mc�herson stated th' property is zoned M-2, Heavy Industrial,
with a�ljacent M-2 zo � g on the north, east, and south sides of the
proper:y. There i commercial and residential zoning to the west
of the property cross the railroad tracks.
Ms. McPhers stated the petitioner is requesting a special use
permit in rder to construct a fenced storage area directly outside
the te�� t stall of this multi-tenant building. The petitioner has
a con �act with Shorty's Towinq, which has a contract with the City
of ic ley, to tow accident vehicles from accident sites to various
7Q
CITY OF lRIDLEY
pL1�I1dNING COldi[ISSIOl�T �EETINC;, OCTOBBR Z4, 1990
�rwrw� tiA►�.Y�,►�Ar��Y�►��YA��r�w�MM��►��►r��YM����'�A��A1�r�YF����A��Ati�r���YrAMS
CALL TO ORDER:
Chairperson Betzold called the October 24, 1990 Planning
Commission meeting to order at 7:35 p.m.
ROLL A L:
Members Present:
Membe rs Absent :
Don Betzold, Dave Kondr
Sue Sherek, Paul Dahlbe
Diane Savage
If,/ Dean Saba,
, Connie Modig
Other� Present: Barbara Dacy, P nninq Coordinator
Michele McPhe on, Planninq Assistant
Frank Kraem , 1290 - 73rd Avenue N.E>
Christine ansen, 230 Rice Creek Boulevard
Tay Kers , 8450 Eastwood Road, Mpls. 55112
Roger ene, 870 Pandora Drive N.E.
Rob Lange, 189 Logan Parkway N.E.
D g Erickson, Fridley Focus
P�1 pRO,
O�I TIOI [ by Sherek, seconded by Ms. Modig, to approve the October
10, 1!�90 Planninq Commission minutes as written.
IIPO :1 VOICE VOTE, ALL QOTINa AYE, CHPiIRP$RSON BETZOLD DECLARED
T M(�TION CARRIED QNANIMOIIBLY.
1. �ABLED CONSIDERATION OF A SPECIAL USE PERMIT SP #90-08. BY
�OHN BABINSKI:
Ier Section 205.17.O1.C.(11) of the Fridley City Code, to
�llow exterior storage of materials on Lots 1 through 20,
Central Avenue Addition, qenerally located at 1290 - 73rd
�venue N.E.
MOTIOr by Mr. Kondrick, seconded by Mr. Saba, to remove the item
from the table and reopen the public hearing.
IIPON ! VOZCE YOTB, ]1LL VOTINd 7lYE, CHl�IRPERSOlt BETZOLD DECLARED
THE Ma TION CARRIED �1ND THE PIIBLIC HEARINa REOPENED lilT 7s 37 P.M.
Ms. Mc?herson stated this item was first presented to the Planning
Commission on June 20, 1990. At that time, the petitioner was
requesting a special use permit to allow exterior storage of
■
7R
g� �ra coxi�isssox xasTZrt.= =--�a r�•, 1s9Q PI1t�E 2
materisls at the above location. The site is zoned rI-1, Light
Industrial, as are the parcels to the south and west. There is M-
1 and C-2, Local Business, zoninq to the north, and R-3, General
Multiple Dwelling, zoninq and M-2, Heavy Industrial, zoninq to the
east..' ��a �,°�ectwoesharee a bcommon drivetof Cen al �venueoner's
buildi q
Ms. McPherson stated there,is an existinq storage area surrounded
by a chain link fence with vinyl slats on the east eide of the
property which is used to store a variety of materials including
an MTC bus and other types of buildinq materials, lumber, plumbing
equipm ant, etc.
Ms. McPherson stated the petitioner has proposed to construct a
screen�n=ovideescreening and to meete the Code requir mentlght-of-
way to p
Ms. Mc �herson �tated that on June 20, 1990, the Planninq Commission
tabled the request to allow the petitioner time to explore a
potential warehouse expansion which would allow the petitioner to
locate as many materials as possible inside the buildinq instead
of outside the buildinq. The petitioner has infonaed staff that
a ware: �ouse expansion is not possible because of the cost involved.
In dis;ussions with staff, the petitioner indicated he could clean
the existing storage area in order to allow all the equipment to
be movsd inside the existing storage area and that the equipment
thathe � siten� The petiti ner ind cat d this could be compl ted by
anot
Novemb�r 15, 1990.
Ms. McPherson stated that in addition to those items that are
currently etored in the rear yard, there are still several items
that �.re beinq stored in the front yard. There are tractor
trailers and a mobile home (RV-type vehicle) still being stored in
the fr�nt yard. The petitioner has requested that he be allowed
the tr ict e vandalism � oblemowe However fitstafff cannot rrecommend
due tc th P
approv�l of this request.
Ms. M�:Pherson stated staff is recommendinq that the Planning
Commisaion recommend to the City Council approval of this special
use pe�mit as the special use permit is consistent with the use as
outlin:d by the M-1 zoninq requirements, and the proposed fence
�rill a'Code� Staff does r commend thesfollowingrfour stip lationse
Zoning
1. The existing storaqe area shall be cleaned of materials
not directly related to the retail lumber and contri�ment
business and shall be used to atore only heavy �Qu�P
directly related to the retail lumber and contractinq
business. Clean-up shall be completed by November 15,
1990.
7S
� .,. , � Y - . , � _ _ � •_� �,• = ' `
L�_ --
2. Flat bed trailers shall be allowed to be ator�d outside
the storage area in the rear yard at the loadinq docks.
3. The existinq storaqe fence shall be reslatted.
4. The petitioner shall install an 8 foot high wood fence
and 3 boulevard trees along the aast property line. The
fence desiqn shall be appzoved by staff prior to
installation. The boulevard trees shall be a minimum of _
2 1/2" caliper. -
Mr. Betzold asked how the clean-up is proceedinq.
Mr. Frank Kraemer, representinq Mr. Babinski, stated the
conlractinq business is elowing down now for the season, and they
wil: soon be able to have their employees work on the clean-up.
He 2�elieved they will be able to make the November 15 deadline.
Mr. Kraemer stated that stipulation �1 stated that the existing
sto�aqe area would be "used to store only h�avy �quipmsnt...." He
stat ed he would like to have the atipulation state that the storage
are� would be "used to store only heavy equipment and materia� ..."
Mr. Kraemer stated they are buildinq a storaqe facility in northern
Minr esota . All the equipment will be moved to that location by
NovE mber 15. �
Ms. Modig stated that on May 12, 1980, Mr. Babinski was cited for
illEqal outside storaqe of materials and equipment. No response
was ever made to that, so what assurance does the City have that
the site will be cleaned up by November 15, 1990?
Mr. Kraemer stated the clean-up process has already Btarted. A
lot of the lumber will soon be moved to the job site. They have
cle�red out and rearranqed half the warehouse. They have removed
one of the buses and one mobile home.
Mr. Kraemer stated they had soil tests taken and because of the
environmental problems caused by other businesses in the area, it
is slmost impossible to obtain a�ortqaqe eo any warehouse
expansion is just not financially feasible.
Ms. Sherek stated that at the June 20 Planninq Commission meetinq,
Mr. Kraemer had stated that the tractor trailers were parked in
frort because of the severe vandalism problem they heve in this
arez. This special use permit is stating that these vehicles must
be Farked in the rear.
7T
pL�NNI] tG CO1�iI68ION �$TING, OCTOBE� za 199Q p��8 4
Mr. Rr��emer�$aee� �eir vehiclest even while they were parked in
$5,000 in d q
f ront .
Ms. Sierek stated that parkinq these vehicles in tront of the
buildi �g is not an allowable situation. If this special use permit
is app�oved, will the petitioner continue to be in violation?
Mr. Rrsemer �stated that they have a lot of soney invested in these
trucks. The vandalism fs astronomical. They need to park two
vehiclas in front, a dump truck and a semi-tractor trailer. The
other ✓ehicles will be moved to the rear.
Mr. S� ba asked what measures the petitioner is taking to reduce
the vandalism.
Mr. Kzaemer stated they have improved the lightinq in front and in
back cf the buildinq.
Mr. BEtzold stated that if the petitioner continues to park these
two ve,hicles in front of the buildinq, will they be in violation
of thE Code?
Ms. D�cy stated, yes. The Code reads that if there are any trucks
or ve; �icles related to the business, they must be stored in the
rear ��ard. That was the basis for ctaff'e recommendation. �en
they c iscussed this a few weeks aqo with Mr. Kraemer, staff advised
him tl�at if he wanted the stipulation to read otherwise, it was up
to th�: Planninq Commission and City Council to do that.
Ms. Sherek stated that if the Planning Commission and Council
appro�►e the parking of the two vehicles in front, what assurance
does the City have that the two vehicles will not turn into 3
vehicles, then 4, etc.? She stated this is what has happened in
the p �st.
Mr. K�aemer stated that with the storaqe facility they are building
in no rthern fina eio��a of ther problem,e because�they nnowt have lan
take care o
alternative.
MOTIC N by Ms. Sherek, seconded by Mr. Saba, to close the public
hearinq.
IIPON 71 VOICC�V IED 11�iD THBTPIIBLIC�HEliRI�tQ CLOBED 71T 7 t35 BE1'���D
'1'HB l� OTZON
Mr. l:ondrick stated maybe the Planninq Commission should wait to
take action on this special use permit after the petitioner has
cleared up the property.
7U
PL��I�iN'r� COIrII�iI88ZON KEETING. OCTOBER �� 1990 _PAQE S
Ms. Sierek suqgested the Commission act on the Bpecial use permit
at ti;is meetinq, but ask that the Council not act on it until
Novem �er 19, 1990, after the November 15 deadline when the existing
stora�e area is supposed to be cleaned up.
Mr. Slba stated that because of the severe vandalism problems the
petitioner has had, he thought the Commission should have some
consiieration for the petitioner and allow the storage of two
vehicles in front of the buildinq as requested by the petitioner.
�OTIOJ by Ms. Sherek, seconded by Mr. Saba, to recommend to J hn
Council approval of special use permit, SP #90-08, by
Babin�ki, per Section 205.17.O1.C.(11) of the Fridley City Code,
to a_low exterior storaqe of materials on Lots 1 through 20,
Centr3l Avenue Addition, qenerally located at 1290 - 73rd Avenue
N.E., with the followinq stipulations:
L. The existing storage area shall be cleaned of materials
not directly related to the retail lumber and contracting
business and shall be used to store only heavy equipment
and materials directly related to the retail lumber and
contracting business. Clean-up shall be completed by
November 15, 1990.
2. Flat bod trail�rs shall ba alloved to bo storad outside
the storaqe area in the raar para at the loadinq docks.
Two vehicles may be parked in the front parking lot for
overnight parking, but all other trucks and trailers
shall be stored in the rear yard.
3. The existinq storaqe fence shall be reslatted.
4. The petitioner shall install an 8 foot hiqh wood fence
and 3 boulevard trees along the east property line. The
fence design shall be approved by staff prior to
installation. The boulevard trees shall be a minimum of
2 1/2" caliper.
5. The special use permit shall be reviewed �in one year,
and annually thereafter.
IIPON A VOICB VOT$, ]1LL VOTI�iG 71YB, CBAZRPBRSOld B$TZOLD DECL�IRED
T8E k�TION CARRIBD IINANIMOIISLY.
MOTICN by Ms. Sherek, seconded by Mr. Saba, tv direct staff submit
special use permit request, SP #90-08, to the City=Council on
Novenber 19, 1990, or later; and that, subsequent to the City
Council meeting, staff videotape the site for presentation to the
Counc il .
IIPON A VOICB VOT$, 11LL VOTING 71Y8, CSl�IRPERSON BBTZOLD DECLPiRED
THE ?OTION CARRIED IINANIMOIISLY.
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SP ��90-08
John Babinski
7
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LOCATION MAP
SP �C90-08
John Babinski
ZONING MAP
SP 4�90-08
John Babinski
SITE PLAN
�
CZTY OP FRIDLBY
CATV 71DV280RY COl�II�II8BI0lT �BETI�T�i� '10V$1dHBR 15� 1990
.r.... ..... w.i.w.r....w.�.r.�. w..�w...a....ror..r���.�....��.w...�.w.�..rr...r.vrww.w......��.w.i.�.�....rw.►w.n....
CAL � TO ORDE :
ChaLrperson Stouffer calied the November 15, 1990, CATV Advisory
Comnission meeting to order at 7:00 p.m.
ROL � CALL•
Mem�ers Present: Ralph Stouffer, Robert Scott, Duane Peterson,
Barbara Hughes, Burt Weaver
Mem�ers Absent: None
Oth�rs Present: Clyde Moravetz, City of Fridley
Mark Hammerstrom, Nortel Cable
APPtOVAL OF AUGUST 16, 1990 CATV ADVISORY COMMISSION MINUTES:
MOT:ON by Mr. Peterson, seconded by.Mr. Scott, to approve the
Augist 16, 1990, CATV Advisory Commission minutes as written.
UPO: i A VOIC$ VOTB � ALL VOTING ]1Y8 � CSl�IRP$R80Id STOIIFF$R DBCLARED
THE MOTION CARRIED IINANZMOIISLY.
APPtOVAL OF GENDA:
The-e was no change in the agenda as submitted.
I. NORTEL CABLE REPORTS:
A. 1990 Operations Update dated September 18, 1990
Mr. Hammerstrom stated this is the semi-annual update on
what has been going on since the annual report which is
issued in the sprinq.
Mr. Moravetz asked Mr. Hammerstrom to comment on the
subscriber survey.
Mr. Hammerstrom stated that at the previous meeting, they
had discussed some suggestions made by the Commission for
changes in the survey. He would also like the
Commission's opinion on a change Nortel would like to
make, which is to compile, analyze, and print the surveys
in-house, as opposed to doinq it with John Risdoll. He
understood that does present some problems with
0
CATV ADVIBORY COMMIBSION MEETINt3. NOVEMBER 15, 1990 PAGE 2
Jt.
t'.
verification, but they would save about $2,000 in
Fridley.
Mr. Hammerstrom stated he had suggested to Mr. Moravetz
that they could have the surveys come directly to the
City and counted before going back to Nortel. That way
the end total would be verifiable, and if there were
questions as to the result, the City could audit those
surveys for accuracy.
Mr. Moravetz stated all the franchise says is that the
survey must be conducted in a manner approved by the
City. The only reference to a third party is that if
there is a telephone survey, it should be made by a third
party. Otherwise, regarding a written survey, there are
no specifics stated in the franchise.
Mr. Hammerstrom stated it is their intention to also do
the surveys in-house in St. Louis Park and Bloomington.
They feel they have the people and the means to do it.
Mr. Hammerstrom stated they will be incorporating the
suggestions for changes made by the Commission members
from last year's survey.
Ms. Hughes stated it sounded reasonable to have the
surveys come to the City first for counting.
Mr. Stouffer stated he has no problem with Nortel doing
the surveys in-house, as long as they keep all the raw
data for one year and 10� self-audit by Nortel.
The Commissioners were in agreement.
Mr. Hammerstrom stated that if they find, for some
reason, that their personnel is not adequate to handle
it, they can always do the survey through John Risdoll.
Third Quarter Franchise Fee
MOTION by Ms. Hughes, seconded by Mr. Scott, to receive
the third quarter franchise fee.
IIPON A VOICE VOTE, ALL VOTING AYE, CSAIRPERSON BTOUFFER
DECLARED T8E MOTION CARRIED IINANIMOUSLY.
Annual Subscriber Notices regarding Subscriber Privacy,
Subscriber Rebates, and Availability of AB Switches
Mr. Hammerstrom stated these are copies of annual
subscriber notices that are required.
�
: :
CAT` ADVISORY COMMISSION MEETING, WOVEMHER 15. 1990 PAGE 3
D. Rate Increase, Metrc Systems Rate Comparison, and Channel
Lineup Changes dated November 1, 1990
Mr. Hammerstrom stated Nortel will be increasing the rate
from $16.50/month for basic cable service to
$19.00/month. Included in his November 1, 1990, letter
was some brief information on some of the costs that they
are seeing last year and this upcoming year.
Mr. Hammerstrom stated he had also included a rate
comparison with the other metropolitan cable systems in
the area. While Nortel is not the lowest any more, they
are pretty average. He believed that once other cable
companies raise their rates, Nortel will be near the
bottom, if not on the bottom, again.
Mr. Hammerstrom stated he had also included lineup
changes as of January 1, 1991. These were primarily to
give Nortel some small advantages in terms of license
fee. The Family Channel is the channel giving them the
most benefit. QBC will also give them a somewhat
reimbursement rate for being on that channel.
E. Proposed Delinquent Account Charge dated November 5, 1990
Mr. Hammerstrom stated this $3.00fmonth charge is being
proposed after.January 1, 1991, mainly to encourage
people to pay promptly. It will only be charged when
cable accounts are 30 days past due or older. Assessment
of this late fee is a common practice among the cable
operators throughout the Twin Cities area, and the charge
is in line with other charges.
MOTION by Mr. Weaver, seconded by Mr. Scott, to receive the
Nortel Cable reports.
IIF(1N A VOICE VOTE, ALL VOTIN(3 AYS, CHAIRPERBON BTOOFFER
DECLARED THE MOTION CARRIED UNANIMOUBLY.
II. FRIDLEY CABLE CONSORTIUM:
A. Halloween Bloodmobile Letter dated September 18, 1990
MOTION by Ms. Hughes, seconded by Mr. Peterson, to
receive the Halloween Bloodraobile letter dated September
18, 1990.
IIPON A VOICE VOTS� ALL VOTING AYE, CHAIRPER80N BTOQFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
8C
CATV ADVISORY COMMISSION ME$TINQ NOVEMBBR 15 1990 PAGE 4
B. Meeting Minutes of October 10, 1990
OM TION by Mr. Peterson, seconded by Ms. Hughes, to
receive the October 10, 1990, FCC minutes.
IIPON !l VOIC$ VOT$, AI.L VOTINa 1�iYE, CBAIRP$RSON STOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIIBLY.
III. ANOKA COUNTY COMMUNICATIONS WORKSHOP:
A.
B.
C.
Board of Directors' Meeting Minutes
MOTION by Mr. Weaver, seconded by Mr. Scott, to receive
the July 11, 1990; August 15, 1990; and the September
12, 1990, ACCW Board of Directors' meeting minutes.
OPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BTOOFFER
DECLARED THE MOTION CARRIBD IINANIMOOSLY.
Director's Reports:
OM TION by Mr. Scott, seconded
the August (September 5, 1990)
1990) ACCW Director's Reports.
by Ms. Hughes, to receive
and September (October 2,
IIPON A VO�CE VOTE, ALL VOTING AYE, CHAIRPERBON BTOUFFER
DECLARED T8E MOTION CARRIED IINANIMOIISLY.
Third Quarter Report to the City dated October 1, 1990,
including Financial Report and Statistics
MOTION by Ms. Hughes, seconded by Mr. Peterson, to
receive the ACCW Third Quarter Report dated October 1,
1990, and the Financial Report and Statistics.
QPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOOFFER
DECLARED THL MOTION CARRI$D IINANIMOIIBLY.
IV. OTHER BUSINESS:
A. 1991 Meeting Dates and Times
Mr. Moravetz stated that this year, the Commission went
to a new format of ineeting quarterly. The bylaws require
that the Commission meet a minimum of four times per
year. He stated it is up to the Commission as to what
months they would like to meet.
The Commission members agreed to meet quarterly on the
fourth Wednesday of that month beginning in January 1991.
The meeting dates are as follows:
: �
ADVISORY COlrII�IBBION MBSTINa. NOVSMB$R 15. 1990 PAGE 5
January 23, 1991
April 24, 1991
July 24, 1991
October 23, 1991
B. Conferences
Ms. Hughes asked Mr. Moravet2 how many conferences he
has been attending and is money budgeted for those
conferences?
Mr. Moravetz stated that the MACTA conference is
generally in Minneapolis in January, but the NATOA
conference is held in various parts of the country.
There is money in the budget for conferences, but he did
not know if there is enough to cover both conferences.
It has been several years since he has been to a NATOA
conference. Mr. Peterson went to one NATOA conference,
and Mr. Weaver has gone to a couple. At one time, there
was some discussion about budgeting for 1-2 commissioners
and one staff person to attend conferences each year.
The Commission might want to discuss this and whether it
should be only the state conference or just the national
or both.
Ms . Hughes stated her reason for bringing up this subj ect
is that she feels it is very important for staff and
commission members to attend conferences, and she would
like them to attend conferences whenever possible. She
would like the Commission to recommend that money be set
aside in the budget for conferences.
Mr. Weaver stated he has not heard about a Commission
budget for several years.
Mr. Stouffer stated the Commission should request a copy
of the budget and discuss this again at the January
meeting.
Ms. Hughes stated it is important for staff and
Commission members to know what is happening in the cable
TV field, and it broadens their horizons. She stated
that with the amount of money generated by the 5�
franchise fee, there is no reason why a percentage of
that money can't be set aside for the professional
development of staff and Commission members.
Mr. Moravetz stated he will put this on the January
agenda for discussion.
CATV �iDVI80RY COMMI88ION ME$TING. NOVEMB$R 15. 1990 __ PAGE 6
ADJOU 2NMENT •
MOTIOI by Mr. Weaver, seconded by Mr.
meetilg. Upon a voice vote, all voting
decla�ed the motion carried, and the
Advis�ry Commission meeting adjourned at
Respe:tfully submit ed,
�0
O �c.L.
Lynne ba
Recoriing Secretary
Peterson, to adjourn the
aye, Chairperson Stouffer
November 15, 1990, CATV
8:15 p.m.
8E
HQILDINdi INBPBCTIOId DIVIBION l[EMO
1dEMC To: Bill Burns, City Manager ��
�
MEMO FROM: Darrel Clark, Chief Building Offici�
_ Barbara Dacy, Planninq Coordinator
l[8M0 D�iTE: December 3,, �1990
RECiAtDING: Nuisance Abatement at 1571 - 75th Avenue N.E
____________________________________________
We h 3ve a vacant house at 1571 - 75th Avenue which is presently
unse:ured with broken windows and doors that are open. The
prop�rty is going through a foreclosure process which will not be
sett.ed until early January, 1991.
We have notified all parties who may have an interest in the
prop��rty. The letter and the list of persons notified is attached.
We h�ve received two quotes for abating the nuisance by installing
plywc�od over all windows and doors; one from Timbercraft
Cons1.ruction for $475.00 and one from Brickner Builders for
$250 00. '
We r+�quest and recommend that the City Council, at their meeting
on DECember 17, 1990, approve the execution of a purchase order to
Bric}ner Builders for $250.00 to cover the nuisance abatement, and
to a�prove the abatement cost plus 25 percent to be placed as an
assessment against the property.
DGC/FD/mh
ATTAC H : 1
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FR{ULEI' �il' ►1ClPAL CE�TER • M�� UI�IVERSITY AVE. N.E. FRIDLEY. MN 5�+432 • 1612) 571-3450 • FA� ibl') 571-1'_Ki
Novea ber 3�, 1990
Ms l�r n Keller
Loan 3uazanty Division
pept. of Veterans Affairs
Reg. afc/Insurance Cntr
Bisho? Henry Whipple Fed Bldg
Fort 3nelling
St. P �ul, I+�1 55117
Lomas Mortgage USA
8400 lormandale Lake Blvd
Bloom ington, 1rW 55437
Kr. Steven H. Sreens
Price i Bruns LTD
1900 Silver Lake Road, Suite 202
Iiew Brighton, !Qt 55112
1�saociatas Industrial Loan Co.
7924 University �venue NE
Fridley, l�i 55432
Nr. Harlan i� Ks. Tammy George
2850 Greenwold Island
Oak Grove, 1�1 55011
Re: 1571 - 75th �venue NE, Fridley, I�1
TO WH� )M IT MAY CONCERN :
�,s yo�i know, the home at 1571 - �5th avenue NE has been vacant and
in di:repair for quite sometime. The aost recent and unresolved
probl�:m is that now the house ir open and many of the winciows are
broke+�. This is a condition that can not be continued. The house
must l�e secured and the broken vindcws repaired or covered so they
are s�:cure and prevent the entrance of intruders.
The h��use in its present condition is a public nuisance and must
be ab�ted by December 13, 1990. If not corrected on or before the
allot�.ed time, we wfll recommend to the City Council at their
�eeti��g of December 17, 1990 that they authorize the correction of
the p��oblem by a private contractor.
The cc�st of the work plus 25 percent (25�) will then be assessed
again:t the property as a epecial assessment.
Novemt er 30, 1990
g� :�� 71 - 7 5th �,venue NE
Page :
Your c�operation in correcting this situation will be appreciated.
P1easE ieel free to contact ae at 571-3450 if you have any
questions on this matter.
Sinee: Y. �
. �
DARREI G. CId�►RK
Chief Buildinq Official
DGC/mh
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DAT; � :
TO:
FROI I t
BIIB: $CT t
PLANNING DIVISION
MEMOR,ANDl1M
December 12, 1990 �
,`� � ,
Willia.m Burns, City Kanaqer �
Barbara Dacy, Planninq Coordinator
Lfsa Campbe G�lanninq Associate
Consideration of Container Distribution Contract
with Super Cycle, Inc.
Thi: is to provide you and the Council with a recommendation on a
container distribution contractor. The distribution of containers
is :cheduled for the last week ot January, beqinning on January
28, 1990.
ack oun
tJn September 6, 1990, Mike Tierny of Independent Delivery Service
subaitted a quote of $9,729.83 for the distribution of 7,661 sets
of <:ontainers and a promotional piece at curbside to the same
num�er of households. Independent Delivery Service indicated that
it would take three weeks to distribute the containers.
Inde�endent Delivery Service had planned to lease warehouse space
in tze City of Fridley.
On N�vember 14, 1990, Nancy Healy of Super Cycle, Inc., submitted
a qu�te of $6,790.00. This quote includes tha delivery o! 7,661
sets of containers and a promotional piece at curbside to the same
numb:r of households. Super Cycle, Inc., proposes to complete
dist-ibution in 3-10 days. This distribution would be staqed at
the :ity garaqe.
Duriiq the week of December 10, 1990, staff evaluated the
feas.bility of offering the activity of distributinq the containers
to a public service grvup as a community service project. Without
inqu.ring directly with any one service qroup, staff believes that
the �listribution of 7,661 sets of containers would be too larqe a
proj�:ct for a servica qroup. To distribute tha containers
ef f i� :iently and in three to ten days a routing system should ba
deve:oped, communication by two-way radio with the distribution
persc�nnel is needed, and delivery should occur durinq the work
week ,
10
10A
Con�ideration of Container Distribution Contract
Dec amber 12, 1990
Pag � 2
Pub.ic service groups qenerally do not have access to two-way
equ.pped vehicles, would likely not have a developed routing
sys�:em, and would have to complete the distribution during the
wee::ends. Under these circumstances, the distribution would take
weel:s rather than days.
Sta:'f Recommendation
Sta:f recommends the Council consider awarding the distribution
coniract to Super Cycle, Inc. Super Cycle's quote is $2,939.83
les: than Independent Delivery Service, and Super Cycle proposes
to complete the distribution more quickly than Independent Delivery
Ser�ice. Super Cycle has an established routing system, two-way
rad�o communication with the distribution personnel, and will
del�ver the containers during the work week, when City Staff will
be available to respond to resident phone inquiries. The proposed
distribution contract is attached for your consideration.
Staff will provide you with a progress report on the promotional
activities for the containers in a separate memorandum.
LC :1 s
M-90 -895
AGREEMENT
1 :
AGREEMENT, effective , 1990, between Super
Cy�le, Inc., and the City of Fridley (hereinafter referred to as
"C ity" ) .
RECITALS
1. City is a purchaser of recycling bins, that it wishes to
haTe Super Cycle, Inc., distribute within the corporate borders of
th� City of Fridley (hereinafter called "the area").
2. Super Cycle, Inc., is a provider of recycling collection
se:vices willing to undertake the provision of distribution
se:vices for the City of Fridley on the terms and conditions
he�einafter set forth.
3. The parties have each determined that the other is a
re�utable organization in good standinq, fully authorized, and
ca�able of performing its obligations hereunder.
NOW, THEREFORE, in consideration of the foregoing and of the
mu:ual terms, covenants, representations, and conditions
he�einafter set forth, the parties agree as follows:
i. Delivery service
1.1 Super Cycle agrees to deliver to residences in the
area recycling bins: (a) 19" x 12" x 12" in size and weighing
no more than five (5) pounds each; and (b) will be stacked,
accessible, and available for Super Cycle to pick up
periodically during the distribution at the City of Fridley
City Garage located at 400 - 71st Avenue N.E. Super Cycle
agrees to unpack the bins and to take them off the delivery
10C
pallets. Super Cycle is to dispose of the wrapping materials
from the bins inside the City Garage. The City will
coordinate the scheduling function of the contract. Super
Cycle agrees to cooperate with the City in scheduling and
performing work.
1.2 Super Cycle agrees to use its best effort to make
such deliveries in the following manner:
(a) Deliveries will be made at curbside of residences
or per instructions as given in the special list. Bin
placement should be in such a way as to prevent them from
being blown away by the wind;
(b) Delivery to all single family residences of one to
four units and to all residences on the special list provided
by the City.
(c) Super Cycle.shall be notified at least ten (10)
working days in advance of the date the distributing can
begin;
(d) Super Cycle shall be granted only ten (10) days to
complete the distribution after the day bins become available
for pick-up and the list is provided. Deliveries by Super
Cycle must be completed no later than March 1, 1991.
(e) Bins shall be delivered only during daylight hours
on the following days: Monday through Friday.
2. Payment tor Bervices
2.1 City agrees to pay Super Cycle the amount of 86
cents ($0.86) per residence delivered.
-2-
10D
2.2 Payment for the distribution shall be due upon
completion.
2.3 A brochure will be delivered along with the bins.
super Cycle will put brochures and materials in plastic bags.
The City agrees to pay Super Cycle for plastic baqs.
3. List ot Addreases
3.1 City agrees to provide Super Cycle with a complete
list of addresses where it wishes deliveries to be made in
addition to all single family residences of one to four units.
3.2 Super Cycle agrees to provide the City with the
total number of bins delivered to single family residences and
the number of bins to each specific area listed on the special
list.
3.3 If delivery is impossible to a residence, Super
Cycle is to make a list of these residences and present it to
the City.
4. independent Contraator. In performing the above
referred-to services, Super Cycle shall be engaged as an
independent contractor, not as a City employee.
5. Insurance. Before commencing work, Super Cycle shall
provide the City with a certificate of insurance with the City
named as an additional insured which is equal to or exceeds
the following:
(a) Worlaaen's Compensation in compliance with state
statutory requirements;
-3-
10E
(b) General Comprehensive (Liability) in a minimum
amount of $500,000;
(c) Automotive Liability in a minimum amount of
$500,000; and
(d) Umbrella Liability Coverage in a minimum amount of
$2,000,000.
6. Warranty. Super Cycle warrants that its services will
be performed in a professional and courteous manner.
7. Indemnity. 5uper Cycle agrees to indemnify and hold the
City harmless from any claim made by third parties as a result
of the services performed by it. In addition, Super Cycle
shall reimburse the City for any cost or attorney's fees it
may incur as a result of any such claim.
8. Assiqnment or Subcontract. Super Cycle may not assign
or subcontract any of the work to be performed hereunder
without the written consent of the Fridley City Council.
9. Force Majeure. Neither party shall be liable for any
failure to perform hereunder where such failure has been
occasioned by fire, embargo, strike, governmental restrictions
or actions, failure to secure materials from usual supply, or
acts of war.
l0. Notices
10.1 In every instance where it shall be necessary or
desirable for a party to serve any notice or demand upon the
other, it shall be sufficient to:
-4-
10F
(a) deliver or cause to be delivered to an officer of
the party to be served a written or printed copy of said
notice; or
(b) send a written or printed copy thereof by United
States certified or registered mail, postage prepaid to the
party at the address set forth herein, in which event the
notice or demand shall be deemed for all purposes to have been
served at the time the copy is mailed.
10.2 The addresses of the parties for all purposes herein
shall be:
As to super Cycle: Super Cycle, Inc.
755 Rice Street
St. Paul, l�i
As to City: City of Fridley
6431 University Avenue N.E.
Fridley, l�T
Attention: Lisa Campbell
11. Waiver. The failure of either party tc enforce at any
time any of the provisions hereof shall not be construed to
be a waiver to any such provisions or of the right of such
party thereafter to enforce any such provisions.
12. Successors. This Agreement shall be binding upon and
inure to the benefit of the successors and assigns of the
parties hereto provided, however, that neither party shall
assign its interest in this Agreement without the prior
written approval of the other party.
13. Severabilitp. In the event that any part or parts of
this Agreement are found to be void, the remaining provisions
��
10G
of this Agreement shall nevertheless be binding with the same
effect as though the void parts were deleted.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
CITY OF FRIDLEY
BY:
William J. Nee, Mayor
BY:
William W. Burns, City Manager
ATTEST:
Shirley Haapala, City Clerk
ATTEST:
SUPER CYCLE, INC.
BY:
Its
-6-
i
�
FINANCE DEPARTMENT
�r
MEMORANDUM
.
��
TO ; WILLIAI�i W. BIIRNB, CITY MANAGER �•
FR�)Ms RICHARD D. PRIBYL, FINANCE DIRBCTOR
DAVE DIIBORD, A88ISTANT FINANCL DIRECTOR
SII:I.TECT: COIINCIL MOTION TO WRITB-OFIA OLD OIITSTANDINl3 CHBCRB
DA"E: DeCembe= 13� 1990
11
In the management letter from our last audit the auditors
re�:ommended that we take action to write off old outstanding checks
an�l that a policy of periodic write off be established. In
re:;ponse to their recommendation, Donna Tjornhom attempted to
co��tact by mail all vendors with old outstanding checks asking for
a:•esponse by August 31. Most of the letters were returned with
no forwarding addresses. Attached is a list of the 17 checks
toi.alling $535.50 dated from 1985 to 1989 for which no response was
obi.ained and for which we request authorization to write off.
Acc ;ording to our auditors, a City Council motion is required to
wr: te off these checks. As a policy we will be doing follow-up and
wr:te-off of old outstandinq checks on an annual basis.
We recommend Council approve a motion to write-off attached list
of outstanding checks.
RPI /me
Att achment
11A
PRIOR �'EARS OUTSTANDING CHECKS
CHECK
DATE CHECK#� VENDOR AMOUNT
12-12-85 59� 9 Ruth Sorum 40.00
Qutstandin Check From 1985 sao.00
CHECK
DATE
2-2�-as
6-05-86
7-17-86
8-2$-86
10-02-86
11-21-86
CHECK #�
7008
8705
9481
10197
10787
11697
YENDOR
Smiley Giotte� Association
Clara MaRin
Ralph Talbot
Geraid Poole
Larkin fo� Sheriff
M. Muirine
Outstanding Checks From 1986
AMOUNT
72.00
25.00
25.00
40.00
15.00
40.00
s2».00
CHECK
DATE CHECK #� VENDOR AMOUNT
6-05-87 14759 Dennis Behyner 40.00
7-Ot -87 15219 George Bartlett 40.00
7-30-87 15826 Gene Stoops 40.00
Outstanding Checks From 1987 s� 20.00
CHECK
DATE
6-09-88
7-28-88
5-12-SS
8-12-88
CHECK #� VENDOR
20795 George Sliva
21748 Janis Bromenschenkel
22007 Romona A. Schumm
22010 Corbin Washburn
putstand,ing Checks From 1988
AMOUNT
40.00
4.00
25.00
25.00
ssa.00
CHECK
DATE CHECK#� VENDOR AMOUNT
3-30-89 25582 Car-A-Van Car Wash 19.50
6-Ot -89 26554 Intl AssoGArson Investigators 20.00
12-21-89 29996 Henry Tschida 25.00
Outstanding Checks From 1989 asa.so
Total Prior Years Outstanding Checks asss.so
CITY OF FRIDL$Y
M 8 M O R A N D II M
p'
�,.
TO: WILLIAM W. BIIRNB, CITY MANAGER ��
FRCMs RICRARD D. PRIBYL, FINANCE DIRECTOR
SUEIECT: MINNESOTA LAWFUL GAMBLINti PREMI88 PERl+IIT APPLICATION
FOR BHADDRICR LEBEAII AMERICAN LEGION #303
DAZB: DECEMBER 12, 1990
12
The attached resolution approves the application for a Minnesota
Lawful Gambling Premise Permit Application for Shaddrick LeBeau
American Legion #303. Minnesota State Statutes requires a
res�lution approving or denying any type of gambling of permit.
RESOLIITION NO. - 1990
RESOLIITION IN SIIPPORT OF AN APPLICATION FOR A MINNESOTA
LAWFIIL aAMBLIN(� PREMISE PERMIT TO THB SHADDRICR LEBEAU
AMERICAN LEGION #303
12A
WH.REAS, the City of Fridley has been served with a copy of an
Ap;�lication for a Minnesota Lawful Gambling Premise Permit for the
sh.�ddrick LeBeau American Legion #303; and
WH::REAS, the City of Fridley has not found any reason to restrict
th�� location for the charitable gambling operation.
NOIf, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Fridley approves the Minnesota Lawful Gambling Premise Permit
to the Shaddrick LeBeau American Legion #303.
PA:SED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1990.
WILLIAM J. NEE - MAYOR
AT7 EST :
SHIRLEY A. HAAPALA - CITY CLERK
CITY OF FRIDLEY
M S M O R A N D II M
�•
��
TC: WILLIAM W. BIIRNS� CITY MANAGER �•
FFOM: RICHARD D. PRIBYL, FINANCB DZRECTOR
StBJECT: LAWFIIL GAMBLIN6 EBEMPTION APPLICATION
FOR TOTINO-GRACE HiGH SHCOOL
DpTE: DECEMBER 12� 1990
13
The attached resolution approves the application for a Lawful
Ga:nbling Exemption for Totino-Grace High School. The event is to
be held in the Nights of Columbus Hall on Friday, January 25. The
Mi nnesota State Statutes requires a resolution approving or denying
an� type of gambling of permit.
RESOLIITION NO. - 1990
RESOLIITION IN SIIPPORT OF AN APPLICATION FOR A LAWFUL
GAMBLINa EBEMPTION FOR TOTINO-GRACB HIGH SCHOOL
13A
WHEFEAS, the City of Fridley has been served with a copy of an
Application for a Lawful Gambling Exemption for Totino-Grace High
Schc ol ; and
WHEFEAS, the City of Fridley has not found any reason to restrict
the location for the charitable gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of :'ridley approves the Lawful Gambling Exemption Application by
the Totino-Grace High School to be held in the Knights of Columbus
Ha1= on Friday, January 25, 1990.
PAS:'�ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1990.
WILLIAM J. NEE - MAYOR
ATT: �ST :
SHItLEY A. HAAPALA - CITY CLERK
FINANCE DEPARTMENT
14
�
MEMORANDUM
�.
�'
T): WILLIAM 1I. BIIRNB, CITY MANAGER �.
FtOM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SJBJECT: RESOLIITION TO CLOSE DOWN THE CIVIC CENTER REMODELINt3
FUND
D: ►TE: DeCembe= 13, 1990
Tl�e attached resolution accomplishes two objectives. The first is
tc� adjust the General Capital Improvements Division budget within
ti.e Capital Improvement Fund to allow for a transfer of $14,409.21
tc� the Civic Center Remodeling Fund. The second action would then
p�ovide for the council authorization of the transfer.
TYis amount is required as a result of the 1990 retainage payment
tc Electrosonics, Inc., who provided the design and installation
of the electronics and media presentation equipment in the Council
Ci ambers area .
With this action the Civic Center Remodeling Fund will have a fund
balance of zero and be closed out.
RD P/me
At �achment
14A
RESOLUTION NO.
A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE
�APITAL IMPROVEMENT FUND AND AUTHORIZING THE TRANSFER OF FUNDS
FROM THE CAPITAL IMPROVEMENT FUND, GENERAL CAPITAL IMPROVEMENTS
�IVISION, TO THE MUNICIPAL CENTER REMODELING FUND
WHEREAS, the City of Fridley authorized various contracts for
conpletion of the municipal center remodeling, and
WH3REAS, the project was substantially completed in 1989 and most
of the remaining payables were recognized at that time, and
WH�REAS, the last remaining payments of retainages on contracts
pa,�able were made in 1990 resulting in a negative cash balance of
$1�,409.21 in the Municipal Center Remodelinq Fund, and
WH3REAS, additional funding of $14,409.21 is necessary to offset
tha negative cash balance and finalize the project.
NOa, THEREFORE, BE IT RESOLVED by the City Council of Fridley that
th� 1990 budget be amended as follows:
CAPITAL IMPROVEMENT FUND
General Capital Improvement Division
A��ropriation Ad�ustment
Otzer Financing Uses (Transfers Out) $14,409.21
Munici�al Center RemodelinQ Fund
Re�enue Adiustment
Otier Financinq Sources (Transfers In) $14,409.21
BE IT FURTHER RESOLVED, that the City Council of the City of
FrLdley authorizes the transfer of funds from the Capital
Im�rovement Fund, General Capital Improvement Division, to the
Muiicipal Center Remodeling Fund in the amount of $14,409.21.
PA�SED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1990.
WILLIAM J. NEE - MAYOR
AT"EST:
SH:RLEY A. HAAPALA - CITY CLERK
E������������,,
stWe�
Water
Pa�ks
Streets
Ma�ntenancu
MEMORANDUM
.
T�i: William W. Burns, City Manager�.�' PW90-463
F�:oM: John G. F1ora,�Public Works Director
Di�TBs December 3, 1990
S1'&7ECT: Mississippi Street Improvement between Main Street and
5th Street
B�sed upon the City's request, the Anoka County Highway Department
i: submitting their plans and specifications for the upgrade and
inprovement of Mississippi Street (C.S.A.H. #6) between Main Street
ar d 5th Street as a 1991 construction project. We have worked with
tYe County and identified the specific City requirements dealing
with the University Corridor Intersection Improvements, and Center
City concepts as well as providing for the future development of
ti-e southwest quadrant.
Ir order to expedite the coop agreement, which would be necessary,
fr�m the Minnesota Department of Transportation, the City needs to
pr�vide to the County three (3) resolutions.
1. Our request to authorize MSAS funds to be expended on an off
MSAS street.
2. The City's approval of the County plans.
3. Establishing "no parking" on the project segment of
Mississippi Street.
Th:se resolutions are attached for Council action with the
un ierstanding that the HRA fully supports these items and funds the
ap�ropriate costs associated with the improvement project.
JG '/kn
15
�
��
15A
�Parks
Slreets
Mamtendncc
MEMORANDUM
TO: Mark A. Winson, Asst. Public Works Director PW90-461
G. Flora, Public Works Director
FROM: yde V. Moravetz, Enqineering Aide
DAT$t November 29, 1990
BII&7�CT: Resolutions regarding the Improvement of Mississippi
Street between Main Street and 5th Street
Atta�hed are the three (3) resolutions for the December 17, 1990,
Coun �il meeting.
1. Resolution appropriatinq Municipal State Aid Funds to a
municipal off-system project. �
2. Resolution for approval of Anoka County Highway Department
plans for Mississippi Street.
3. Resolution for "no parking" on Mississippi Street between Main
Street and 5th Street.
Atta�hed is also a map illustratinq the areas in question.
CVM/ tn
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15C
R880LDTIOIi NO. - 1990
RESOLIITIO�i ]1PPROPAI71TINa l[IIlTICIPlIL BTATB-AID
FIINDB TO ]1 l[IINICIPI�L OFF-BYSTE1i PROJECT
WB�REAB, it has been deemed advisable and necessary for the City
of Fridley to participate in the reconstruction of Mississippi
St�eet between Main Street and 5th Street to further enhance the
prcposed intersection improvement of Trunk Highway 47 and
Mi:sissippi Street, and
WHI�REAB, said construction project is being submitted to the
Mi��nesota Department of Transportation State Aid office and
id�:ntified in its records as C.S.A.P. 02-606-08 and M.S.A.P.
12' -020-09.
N011, THBREFORE, BB IT RBSOLVBD by the City Council of the City of
Fr:.dley that an appropriation from the Municipal State-Aid Funds
in the amount of $900,000.00 be made to apply toward certain right-
of��way costs and the construction of said project and request the
Co�unissioner of the Department of Transportation to approve this
ap� ►ropriation.
PA��SED AND ADOPT$D BY T8E CITY CODNCIL OF T8E CITY OF FRIDLEY THIS
17"8 DAY OF DECEMHBR, 1990.
WILLIAM J. NEE - MAYOR
AT ^EST :
SHCRLEY A. HAAPALA - CITY CLERK
jtB80LOTIO�I NO. - 1990
R880LIITIOIi 7►PPROVI�13 PL7l�i8 �ND RBQIIESTINa ANO1Cl�
COII�ITY TO PROCSBD 11ITH IKPROVE1�liT8 O'i lYII88I88IPPI
BTREBT FR01[ i�7lIM BTREBT TO 5TH STRB$T
BTRBBT Ii[PROVSMB�i'P PROJBCT NO. 8T. 1991 - 3
WHEREAB, plans for Project No. C.S.A.P. 02-606-08 (M.S.A.P. 127-
02)-09) showing proposed aliqnment, profiles, grades and cross-
se�tions for the construction, reconstruction or improvement of
Cointy State Aid Hiqhway No. 6(Mississippi Streetj within the
liaits of the City as a State Aid Project have been prepared and
prasented to the City, and
WH3RE1�118, the improvement plans have been completed to further
eniance the Center City redevelopment area at the intersection of
Trink Highway 47 and Mississippi Street.
NOi, THEREFORB, BB IT RSSOLOED by the City of Fridley that the
ab�ve mentioned plans be approved and that Anoka County be
re�uested to proceed with the improvements on Mississippi Street
fr�m Main Street to 5th Street.
pA38ED AND ADOPTBD BY TH8 CITY COIINCIL OF THE CITY OF FRIDLEY THIB
_ DAY OF � 1990.
William J. Nee - Mayor
AT"EST:
Sh.rley A. Haapala - City Clerk
16
17
RBBOLIITIO�i �TO. - 1990
RBBOLOTIOIi RBQII$STINt� TSE POSTI�iti O! ���10 PARKINti��
SIQNB OiT 1[I88I88IPPI 8TR8$T (C.B.]►.P. 02-606-08 A�iD
l�[.B.�.P. iZ7-0�0-09) BET118B�i lLl1I�i STREBT 7lI�TD 5TH STRBST
WBEPBAB, the City of Fridley and County of Anoka have planned the
impr�vement of Mississippi Street (C.S.A.P. 02-606-08 and M.S.A.P.
127-�20-09) from Main Street to 5th Street, and
WHERBAB, the City and County will be expending City and County
Stata Aid Funds on this Street Improvement Project No. St. 1991 -
3 , a zd
WHER3A8, this improvement does not provide adequate width for
parking on both sides of the street, approval of the proposed
cons :ruction as a City and County State Aid Street proj ect must
ther:fore be conditioned upon certain parking restrictions, and
WHER 3AB, the extent of these restrictions that would be a necessary
prer aquisite to the approval of this construction as a City and
Coun:y State Aid project has been determined.
NOW, THEREFORE, BE IT RE80LVED by the City Council of the City of
FridLey that the County is hereby authorized to post "No Parking"
signa on both sides of the above street between Main Street and
5th 3treet upon completion of the Street Improvement Project No.
St. L991 - 3.
PA88':D AND ADOPTED BY TH8 CITY COIIDTCIL OF THB CITY OF FRIDLBY T8I8
_ DlIY O! � 19 9 0.
William J. Nee - Mayor
ATTE; �T:
Shir:.ey A. Haapala - City Clerk
�
�DL�E.Y
MEMORANDUM 18
Municipal Center
6431 Universiry Avenue Northeast
Ffidley� Minnesota 55432
(612) 572-3507
FAX: (612) 571-1287
William C. Hunt
Assistant w the City Maoager
k BMO TOs WILLIAM W. BIIRNB, CITY MANAGER �:r
FROMt WILLIAM C. BIINT� ASSISTANT TO THE CITY MANAGER ��'/y
BITH.TECTi AMENDMENT OF CLASSIFICATION AND COMPENSATION BLA�T
DAT$s DECEMHER 14� 1990
Ii 1987 the City Council approved Resolution No. 59-1987 which
e3tablished a classification and compensation plan for employees
o' the City of Fridley. The plan established salary ranges for
n�n-union employees based on the evaluation of their positions.
E:itry level was established at 80$ of the average high salary
(� :rend line) for each point range. After 30 months an employee
w� �uld move up to 92� of the trend line. There was no provision for
f� �rther movement partly because it was our understandinq of the law
tl�at pay equity could be achieved by bringing all employees within
a 10� corridor on either side of the trend line. Also, the
l�:gislation was in a state of flux, and we wanted more time to
e��aluate developments.
Dt ring the 1988, 1989, and 1990 sessions of
I,�gislature a number of amendments were
of 1984. Amonq other things, there
ccrridor concept. Also, if ranges are
irdicate how long it takes for an
classification to get to the top of the
tiat it is possible to get to the top
period of time.
the Minnesota State
made to the Pay Equity Act
is no recognition of the
shown it is necessary to
employee in a given job
range. The presumption is
of the range in a finite
In order to comply with our current understanding of the Pay Equity
Act we are proposing to add three additional steps to our
conpensation plan: after 5 years, after 7.5 years, and after 10
ye�rs. Under this proposal it would be possible to reach the trend
lize (100$j after 10 years.
Unier this proposal all employees, whether exempt or non-exempt
woild advance to 92$ of the trend line after 2.5 years with
sa�isfactory service. The next three steps would be a floor for
noi-exempt employees and a ceiling for exempt employees. That
me�ns tfiat a non-exempt (hourly) employee would advance to the 5
ye.�r, 7.5 year, and 10 year levels upon demonstration of
sa�:isfactory performance. If an employee's performance is not
sa�:isfactory, it is possible for these raises to be delayed.
Meno to William W. Burns
Am:ndment of Classification and
:ompensation Plan
Pa �e 2
A�on-exempt (salaried) employee would be eligible to advance to
th�: 5 year, 7.5 year, and 10 year levels upon demonstration of
sa�:isfactory performance. However, if the market value for that
pa;-ticular position in comparable cities in the Twin Cities
Me� :ropolitan Area is less than the City's salary for that step, the
em��loyee would not advance all the way to the step.
I<,m attaching an amended classification and compensation plan and
co:�responding resolution. I request that you present these to the
Ci�:y Council.for consideration at their meetinq of December 17,
19! �0.
RESOLIITION NO. - 1990
RESOLIITION AMENDIN(i THE CLASSIFICATION AND
COMPENSATION PLAN FOR EMPLOYEES OF THE CITY Oi BZtIDLBY
WHE]tEAS, the Minnesota Pay Equity Act of 1984 requires every
pol..tical subdivision to establish "equitable compensation
rel��tionships" among its employees; and
WIiE] tEAS, the City Council by Resolution No. 59-1987, adopted on
Jul:� 20, 1987, established a Classification and Compensation Plan
for City Employees; and
WHE:tEAS, certain modifications of the plan are required to comply
ful.y with recent amendments of state law; and
WHE:tEAS, the City Council has reviewed the attached amended
Cla:sification and Compensation Plan for City Employees;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Fri�iley, Minnesota, that the attached Classification and
Com�ensation Plan for City Employees be approved as amended.
BE IT FURTHER RESOLVED, that the City Manager be authori2ed to
exp:nd funds necessary to implement the above mentioned plan
eff:ctive January 1, 1991.
PAS>ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
_ DAY OF , 1990.
WILLIAM J. NEE - MAYOR
SHI2LEY HAAPALA - CITY CLERK
: :
CITY OF FRIDLEY
CLA88IFICATION AND COMPENSATION PLAN FOR CZTY EMPLOYEBB
EfieCtive OCtober 1, 1987
Ameadments Effective Januarp i, 1991
I . PUR ?OSE :
18C
The ptrpose of this classification and compensation plan is to comply
with the provisions of the Minnesota Pay Equity Act of 1984 (Minnesota
Statutes 471.991 to 471.999) by establishinq "equitable compensation
relat�onships between female-dominated, male-dominated, and balanced
classes of employees."
II. SCOPE:
A. The classification portion of this plan applies to all employees of
the City of Fridley, apart from fractional part-time employees, as
det�:rmined by Minnesota Statutes.
B. The compensation portion of this plan applies to all employees of the
Cit� � of Fridley except those employees who are members of a bargaininq
uni1: as determined by the Minnesota Public Employees Labor Relations
Act (MPELRA). Also, the terms of a labor agreement arrived at through
col:.ective bargaininq in accordance with the provisions of the MPELRA
tak�: precedence over the compensation prcvisions of this plan.
III. CLASSIFICATION:
A. Eac2. position shall be given a point value based on the results of the
stuc.y commissioned by the Metro Area Management Association ("Point
Val� .e" ) .
B. Pos: tions with similar Point Value shall be combined into groups which
sha71 receive similar minimum compensation.
IV. COMPENSATION:
A. The "Maximum Earning Potential" on each position on July l, 1987,
sha]1 be determined as follows:
1. For non-exempt employees it shall be determined by including the
top rate of pay for each position plus applicable longevity pay,
overtime pay, premium pay, and the insurance benefit available
from the City for each employee ($175.00 per month in 1987).
2. For exempt employees it shall be the top rate of pay for each
position plus the insurance benefit available from the City for
each employee ($175.00 per month in 1987).
B. The Maximwn Earning Potential for each position shall be plotted
against the Point Value of that position usinq standard statistical
procedures to develop two trend lines: one for non-exempt employees
and one for exempt employees. The trend line for exempt employees
will incorporate a five percent (5�) increase in Maximum Earninq
Potential to adjust for the fact that they do not receive longevity
pay, overtime pay, or premium pay.
r:r
C. The salary ranqe for each group shall be determined as follows:
1. The applicable trend line shall be reduced by the amount of the
insurance benefit available from the City ($175.00 per month in
1987).
2. The midpoint of all Point Values of each qroup shall be
determined (nMidpoint Value").
3. The position on the trend line corresponding to the Midpoint
Value of each group shall be plotted.
4. The monthly salary range ("Salary Range") for each group shall
extend from eighty percent (80�) to one hundred ten percent
(110�) of the corresponding dollar value associated with that
group's Midpoint Value as determined by the group's trend line.
D. Ea� :h individual employee shall be assigned to the Salary Ranqe for the
gr��up which includes the Point Value of the employee�s position.
E. Ea :h individual employee's minimum rate of compensation shall be based
on the applicable Salary Range to which the employee is assigned under
Pa�aqraph IV. C and D above and on length of service as an employee
of the City of Fridley.
1. If the employee has been employed less than six (6) months, the
minimum rate of compensation shall be no less than the minimum
amount provided for in that Salary Range ("Range Minimum").
2. If the employee has been employed for six (6) months but less
than eighteen (18) months, the minimum rate of compensation shall
be no less than five percent (5$) above the Range Minimum.
3. If the employee has been employed for eighteen (18) months but
less than thirty (30) months the minimum rate of compensation
shall be no less than ten percent (10�) above the Range Minimum.
4. If the employee has been employed for thirty (30) months or more
the minimum salary shall be no less than fifteen percent (15$)
above the Range Minimum.
5. For employees whose length of service in a particular job
classification exceeds thirty (30) months, the followinq steps
are established:
a. after sixty (60) months (= 5 years) 18.33$ above the ranqe
minimum (= 94.67$ of the trend line).
b. after ninety (90) months (= 7.5 years) 21.67� above the
range minimum (= 97.33$ of the trend line.)
c. after one hundred twenty (120) months (= 10 years) 25.00�
above the range minimum (= 100.00$ of the trend linej.
6 Each employee in a job classification which is non-exempt as
determined by the federal Fair Labor Standards Act will receive
adjustments to the steps in section IV. E. 5 above based on
satisfactory performance and completion of years of service in
the job classification.
18E
7. Each employee in a job classification which is exempt as
determined by the federal Fair Labor Standards Act and whose
length of service in a job classification exceeds thirty (months)
may receive additional adjustments up to the steps indicated in
section IV. E. 5 above based on comparisons with other comparable
municipalities in the Twin Cities Metropolitan Area and the Upper
Midwest Region as determined by the City Manaqer.
8. Th� City Manager may qrant an individual employee an increase o!
up to five percent ( 5.0$ ) of current salary based on documented
evidence of the necessity of the higher salary to retain the
employee in that position. A raise of more than five percent (
5.0$ ) or a raise which would place an employee above 100� of the
trend line for the job classification in question shall require
prior approval by the Fridley City Council.
9. The City Manager may grant merit awards of up to five percent (
5.0� ) of annual salary to an individual employee once in any
calendar year based upon a performance evaluation and merit pay
plan approved by the Fridley City Council and subject to budget
constraints.
F.Sa.ary adjustments which are required in order to comply with this
Pl�in shall be made in two stages. The first half of the adjustment
sh.�ll be made effective October 1, 1987. The second half of the
ad�ustment shall be made effective July 1, 1988.
G. Co��pensation of an individual employee above the minimum rate of
co�ipensation shall be determined by experience, performance, market
va:.ue of the position and other relevant work-related criteria.
H. Fr��m time to time all salary ranges collectively may be adjusted
pr��portionately through the annual budget process.
�
FW �
MEMORANDUM
Mun'�cipal Cemer
6431 Universiry Avenue Northeast
Fridley, Minnesota 55432
(612) 572-3507
FAX: (612) 571-1287
Kem � To s
FrO a!
subjeats
Dat e s
William C. Hunt
Assistant to the City Manager
WILLIAk �. BIIRNB, CITY MANAQER � �•
11ILLIAM C. HDNT, ASSISTANT TO TSS CITY ILA�TAGBR
DEBIGNATION OB REBPONSIBLS ADT80RITY FOR
INFORMATION DISSMENATED ONDER THE GOVERiQM8�1T
DATA PRACTICES ACT
DECEMBER 13, 1990
Upcn reviewinq Resolution No. 4- 1980 passed on February 4, 1980
by the Fridley City Council relat3ng to the appointment of a
retponsible authority for implementation of the Government Data
Pr�ctices Act we have noted that Nasim Qureshi is the officially
de:,iqnated responsible authority. Since it is necessary to
de:,ignate an individual person, not a position, to perform this
fu��ction, I am submittinq a resolution which would appoint you to
th<<t responsibility. I would appreciate it if you would present
th:.s matter to the City Council for action at their meetinq of
De�:ember 17, 1990.
WC i/jb
19A
RESOLIITIO�i �TO. - - 1990
!l RESOLIITIO�1 APPOINTINa 7► RESPONSIBLB
lIIITHORITY Ili AEBERENCB TO THB ][INN880T7►
OOVERNMT�i'1' DAT71 PRACTICEB ACT pOjt THB
CZTY OP FRIDLBY
WHEREAS, Minnesota Statues, Section 13.02, Subdivision 16, as
amended, requires that the City of Fridley appoint one person as
the Responsible Authority to administer the requirements for
collection, storage, use and dissemination of data on individuals,
wit!�in the City and,
WHE�EAS, the City Council of the City of Fridley shares concern
exp ressed by the legislation on the responsible use of all City
dati and wishes to satisfy this concern by appointinq an
administratively qualified Responsible Authority as required under
the statute, and
WHEtAS, the Responsible Authority designated by the Fridley City
Couicil by Resolution No. 10-1980 on February 4, 1980 is no longer
emp.oyed by the City of Fridley.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Fri�lley that William W. Burns, City Manager, be appointed the
Res�►onsible Authority for the purpose of ineetinq all requirements
of 1linnesota Statutes, Chapter 13, as amended, and rules lawfully
proY �ulgated from time to time by the Commissioner of Administration
as ��ublished in the State Register.
PAS:ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRiDLEY THIS
_tt DAY OF , 19 9 0.
WILLIAM J. NEE - MAYOR
ATTE 3T:
SHIRLEY A. HAAPALA CITY CLERR
�
0
�e
Bar bara
Dac �
FOR CONCURRENCE BY THE CITY COUNCIL
December 17, 1990
Position
Community
Development
Director
Exempt
Startinq
Salarv
$47,073.72
per year
$3,922.81
per month
20
11PPOINTMENTB
Startinq
Date
Dec. 18,
1990
Replaces
Johri
(Jock)
Robertson
i�
�
C
FI
�
CIT
fRfl
�
�
Type
CIGAA
T.R.
7820
Fridl
��
��
FOR CONCURRENCE BY THE CITY COUNCIL
GENE]AL CONTRACTOR
Amer:can Craftsmen
1140f Quinn Street
Coon Rapids, NIId 55433
Best Siding Co. Inc.
1261� Central Ave NE
Blair e, MN 55434
Steirbach Construction
2347 Gaston Avenue
WhitE Bear Lake, 1�T 55110
PLIIME ING
MKD Flumbing
1321 iVest Arlington
St. F 3u1, 1�IN 55108
Solar Mechanical, Inc.
4 04 0 Lake Road
Robbizsdale, MN 55422
Terry Wright
Melvin Lund
R.L. Steinbach
Michael Doody
Michael Nally
LICEN8E8 23A
DARREL CLARK
Chief Bldg Ofcl
Same
Same
STATE OF MINN
Same
I��
L�
CITY� �
FRIDI EY
��
FOR CONCIIRRENCB BY THB CITY COIINCIL
DECEMBER 1T� 1990
HNT] t
670�� France Avenue South
Min� �eapolis, NIId 55435
ESTZMATES
Inspection of the 1.5 MG Elevated
Water Reservoir Project No. 202
Partial Estimate . . . . . . . . . . . . . . . . $ 1,472.76
Bru�:e A. Liesch Associates, Inc.
13410 - 15th Avenue North
Min: ieapolis, NIIJ 55441
Water Quality Study Retainer
Project No. 214
Partial Estimate . . . . . . . . . . . . . . . . $
Wes:ern Waterproofing
283t Stevens Avenue South
Min ieapolis, NIIJ 55408
222.50
Phase II - 3 MG Concrete Reservoir
Repair Project No. 200
Estimate No. 3 . . . . . . . . . . . . . . . . . . $ 56, 637. 84