02/23/1998 - 4811�
anor
FRlDIEY
FRIDLEY CITY COUNCIL MEETING
ATTENDENCE SHEET
Manday, Febnu.any 23, 1998 .
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
ITEM
PRINT NAME (CLEARLY) ADDRESS NUMBER
� FRIDLEY CITY COUNCIL MEETING OF
FE6RUARY 23, 1998
CRY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or
employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services,
programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who
require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF MINUTES:
City Council Meeting of February 9, 1998
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Resolution Approving and Authorizing
Signing an Agreement for Police
Officers of the City of Fridley Police
Department for the Year 1998 1.01 - 1.26
...................................................
Approve Change Order No. 4 for
I-694/TH 47 NE Ramp Reconstruction
Project No. ST. 1997 - 3 2.01 - 2.03
............................................................
FRIDLEY CITY COUNCIL MEETING OF FEBRU4RY 23_ �q4st unr_c �
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED�
Receive Bids and Award Contract
for Sanitary and Storm Sewer
RepairProject No. 314 .............................................................. 3.01 - 3.02
Receive Bids and Award Contract
for Miscellaneous Concrete Curb
and Gutter and Sidewalk Project
No. 315 ..................................................................................:... 4.01 - 4.02
Claims: ......:............................................................................... 5.01
Licenses: ................................................................................... 6.01 - 6.02
�..
Estimates: .................................................................................. 7.01
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 23, 1998 PAGE 3
ADOPTION OF AGENDA:
OPEN FORUM. VISITORS:
Consideration of Items Not on Agenda (15 minutes).
PUBLIC HEARING:
Ordinance Repealing Chapter 407 of
the Fridley City Code in its Entirety,
and Adopting a new Chapter 407,
Entitled "Right-of-Way Management,"
and Amending Chapter 11 of the
Fridley City Code, Entitled "General
Provisionsand Fees" ........................................................................... 8.01 - 8.02
,
.
Informal Status Reports 9.01 �
.......................................................................
�
ADJOURN.
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FRIDLEY CITY �O UNC� MEETING OF FEBR UARY 23, 1998
., • �
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'
CIiY OF
FEIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its service
programs, or activities because of race, color, creed, religion, national origin, ses, disabiliry, age, marital status, sexual orientation or stat
with regazd to public assistance. Upon request, accommodation will be provided to allow individuats with disabilities to participate in an
of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabiliries wh
require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF MINUTES:
City Council Meeting of February 9, 1998
.:�' � �
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APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Resolution Approving and Authorizing
Signing an Agreement for Police
Officers of the City of Fridley Police
Department for the Year 1998 ..................... 1.01 -1.26
�-z,��,,.t�..� �'�Z_ !� . / 5� �/� y�
Approve Change Order No. 4 for
I-694/TH 47 NE Ramp Reconstruction
Project No. ST. 1997 - 3 .............................. 2.01 - 2.03
C�f .�� � ,y�...t�" ` .�livt. ����,
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Receive Bids and Award Contract
for Sanitary and Storm Sewer
Repair Project No. 314 ................................ 3.01 - 3.02
��,� ��, � �_._.��-�-�-�
C ,sY�'"�",`l /�"' �
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NEW BUSINESS (CONTINUEDI:
Claims: `=�' , � �.,,, ° �� .. 5.01
�� .. ................. .......
`1:.1::.::::. ::�-...... s.o, - s.o2
Licenses: .
� .�C'�
Estimates: ... �1�-2 `:'v .................... 7.01
ADOPTION OF AGENDA: '��_.
_ �.�_. �..�-��- 'L�-- �-�-"-�1�- .
OPEN FORUM. VISITORS:
Consideration of Items Not on Agenda (15 minutes).
�.�,, .-,.�,..7,�.-y -
PUBLIC HEARING:
Ordinance Repealing Chapter 407 of
the Fridley City Code in its Entirety,
and Adopting a new Chapter 407,
Entitled "Right-of-Way Management,"
and Amending Chapter 11 of the
Fridley City Code, Entitled "General
Provisions and Fees" .......... ............�.�..�� � - 8:02
�
�-�.�3� � '��,
,
� � �' �� / �(f �� � �� r �
Informal Status Reports . ......... � ��^�-�
� � ��� ... ��� �� . ��L
� � � � ;�� � r-�-:-� r.,� ;��,.�.,.,..� �
Receive Bids and Award Contract -�-�( � q�� «-^K e
for Miscellaneous Concrete Curb '�°�'; ��� � h �� '• /'� � �'- - �
��� • �...-�-�-�T� ��'Y)
an�utter and Sidewalk Project ADJOURN.
No. 315 �.��� �.....�st. � � . �4.01 -�4.02
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THE MINUTES OF THE REGUZ,P,R MEETING OF THE FRIDLEY CITY COUNCIL OF
FEBRUARY 9, 1998
The Regular Meeting of the Fridley City Council was called to order
by Mayor Jorgenson at 7:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS ABSENT:
Mayor Jorgenson,
Councilman Billings,
Councilwoman Bolkcom
None
PRESENTATION OF AWARD:
MR. MARV KOLLING, UNITED DEFENSE:
Councilman Barnette,
Councilman Schneider and
Mr. Siah St. Clair, Naturalist, introduced Mr. Marv Kolling,
Procurement Manager from United Defense. Marv and his co-workers
volunteer their time in maintaining the trails at Springbrook
Nature Center. Their parent company, FMC, recognized these
individuals for outstanding achievement working with the
environment. The group was presented with an award, as well as
$1,000 which was used to purchase video equipment for Springbrook
Nature Center.
Mr. Kolling stated that the procurement employees were nominated in
1997 for this award. He said he has enjoyed doing the work and
will continue this year on the same project. He presented this
award to Mayor Jorgenson and Council.
Mayor Jorgenson stated that this was truly a
and his group have worked replacing some of
They are to be commended for their community
efforts.
P,PPROVAL OF MINUTES:
COUNCIL MEETING, JANiJARY 26, 1998:
MOTION by Councilman Barnette to
Seconded by Councilwoman Bolkcom.
aye, Mayor Jorgenson declared the
beautiful award. Marv
the paths and benches.
involvement and their
approve the minutes as presented.
Upon a voice vote, all voting
motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
FRIDLEY CITY COUNCIL I�ETING OF FEBRUARY 9, 1998 PAGE 2
OLD BUSINESS:
1. ORDINANCE NO. 1113 RECODIFYING THE FRIDLEY CITY CODE,
CHAPTER 508, ENTITLED "PARKS AND PARKWAYS," BY AMENDING
SECTION 5.08.03:
Mr. Burns, City Manager, stated that this ordinance provides
Council definition of park hours. Currently, the
establishment of park hours is delegated to the Parks and
Recreation Commission. The purpose of the change,is to
provide a more effective tool for enforcement of park hours.
It has been prompted by concern of neighbors who live near the
Stevenson Elementary School playground. The definition of
park includes school playgrounds for school districts that
have agreed, by resolution, to have- their playground areas
included in this ordinance. The hours of operation are
5:00 a.m. to 10:00 p.m. "
WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1113 ON
THE SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS:
2. RESOLUTION NO. 11-1998 APPROVING AND ADOPTING THE 1998
COMM[7NITY DEVELOPMENT BLOCK GRANT PROGRANl:
Mr. Burns, City Manager, stated that a public hearing was held
January 26, 1998 with no objections raised on the proposed use
of these funds. The funds will be appropriated as follows:
$120,952 for housing rehabilitation; $8,500 to ACCAP; $4,000
to the Fridley Senior Center; $4,000 to Fridley Recreation and
Natural Resources; $3,000 to Alexandra House; $2,500 to SACA;
and $1,000 for the County administrative fee. These funds
will be spent during the period of July l, 1998 to June 30,
1999.
ADOPTED RESOLUTION NO. 11-1998.
3. RESOLUTION NO. 12-1998 APPROVING A VACATION, SAV #97-02,
GENERALLY LOCATED AT 8200 UNIVERSITY AVENUE N.E., AND
REPEALING RESOLUTION NO. 5-1998 (WP.RD 3):
Mr. Burns, City Manager, stated this easement that was vacated
on January 5 bisected the Bachman's property and would have
prevented construction of their new store. Stipulation No. 2
to the vacation that was approved on January 5 provided a
description of the easement to be vacated. The attorney for
Bachman's believed this stipulation to be redundant and asked
Council to re-approve the vacation without it. Mr. Burns
stated that in view of the fact that the original easement was
described earlier in the vacation document, staff concurs that
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 1998 PAGE 3
the attorney's request was reasonable and will help to prevent
future confusion.
ADOPTED RESOLUTION NO. 12-1998.
4. VARIANCE REQUEST, VAR #98-02, BY ANDERSON CARPET, TO REDUCE
THE SIDE YARD SETSACK FROM 15 FEET TO 5 FEET TO EXPAND THE
EXISTING BUILDING, AND TO REDUCE THE PARKING SETBACK FROM 20
FEET TO 17 FEET FOR LP.NDSCAPING, IN ORDER TO ALLOW THE REUSE
OF AN EXISTING BUILDING (FORMERLY HANNA MAGIC CAR WASH) AS A
4C'ac�L' i Vaavr�a�wra� v..+r.r..v++++..� ---- --- — - - -
N . E . (WARD 3 ) :
Mr. Burns, City Manager, stated that these variances will
allow the reconstruction and reuse of the former Hanna Car
Wash building at 7300 University Avenue. The first variance
is a side yard variance on the north side of the property _for
the existing building and a 1,330 square foot showroom
addition. If granted, this variance would reduce the side
yard setback from 15 feet to 5 feet. The second variance is
for a parking setback on the south side of the building to
reduce the required setback from 20 feet to 17 feet. The
Appeals Commission voted unanimously to approve these
variances at their January 28 meeting.
GRANTED VARIANCE REQUEST, VAR #98-02, TO REDUCE THE SIDE Y�,RD
SETIIP.CK FROM 15 FEET TO 5 FEET AND REDUCE THE PARKING SETSACK
FROM 20 FEET TO 17 FEET AT 7300 UNIVERSITY AVENUE•
5. ESTABLISH A PUBLIC HEARING FOR FEBRUARY 23, 1998, TO ADOPT AN
ORDINANCE FOR THE MANAGEMENT OF THE PUBLIC RIGHT-OF-WAY:
Mr. Burns, City Manager, stated that this proposed ordinance
has been drafted pursuant to a 1997 state statute that enables
cities to establish ordinances governing the location of
utilities in public rights-of-way. In order to have this
legislation in place for the 1998 construction season, it is
recommended that a timetable for consideration of the
ordinance begin on February 23, 1998. With Council's
concurrence the first and second readings of this ordinance
will be held March 3 and March 16, 1998 respectively.
SET THE PUBLIC HEARING FOR FEBRUARY 23, 1998, ON THE ORDINANCE
FOR MANAGEMENT OF THE PUBLIC RIGHT-OF-WAY.
6. RECEIVE BIDS AND AWARD CONTRP.CT FOR THE RICE CREEK BANK
STABILIZATION PROJECT NO. 309:
Mr. Burns, City Manager, stated that bids were opened on
January 21. Park Construction was the lowest bid for a
project that would be built with riprap and gabion materials.
This project will provide for erosion control and bank
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 1998 PAGE 4
7.
8.
restoration along a one-half mile stretch of Rice Creek
located between 400 Rice Creek Terrace and Locke Park.
Mr. Burns said that the total bid was $265,032.50. Of this
amount, half is to be paid by the Rice Creek Watershed
District, and the other half is split evenly between the City
and abutting property owners. The City's share is $66,258,
and funds are budqeted in the Storm Water Capital Improvements
Fund. It is recommended that the bids be received and the
contract be awarded to Park Construction in the amount of
$265,032.50.
RECEIVED THE FOLIAWING BIDS FOR PROJECT NO. 309: PARK
CONSTRUCTION, $265,032.50; VEIT & COMPANY, $296,322.00; AND
CARL BOLANDER & SONS, $296,956.00. " FURTHER, TO AWARD THE
CONTRACT TO THE LOWEST BIDDER, PARK CONSTRUCTION IN-THE AMOUNT
OF $265,032.50.
RESOLUTION NO. 13-1998 REQUESTING A VARIANCE FOR THE CENTRAI�
AVENUE BIKE PATH (WARD 1) :
Mr. Burns, City Manger, stated that under the terms of this
resolution the City is requesting�a two-foot variance from the
required bike path width from the Minnesota Department of
Transportation. The variance is needed to accommodate
reconstruction of the southern leg of the Old Central Avenue
bike path in conjunction with the improvement of the Lake
Pointe intersection.
ADOPTED RESOLUTION NO. 13-1998.
MOTION TO AUTHORIZE ADVERTISEMENT FOR 1998 PLAYGROUND
EQUIPMENT BIDS•
Mr. Burns, City Manager, stated that the playground equipment
scheduled to be replaced is in Briardale, Edgewater Gardens,
Plymouth Square, Ruth Circle and Sylvan Hills parks. The
playground equipment in each park will be bid as a separate
project with an approved expenditure. The bids will be
evaluated with input from area residents and the Parks and
Recreation Commission. The projects will be awarded to the
vendor(s) that provide the best value for the funds available.
The amount of funds budgeted for these upgrades is $204,000,
and the goal is to complete the bidding and have the
installation completed by the middle of July, 1998.
AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR THE 1998 PLAYGROUND
EQUIPMENT.
9. CLAIMS:
AUTHORIZED PAYMENT OF CLAIM NOS. 78928 THROUGH 79182.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 1998 PAGE 5
10. LICENSES:
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
11. ESTIMATES:
APPROVED THE ESTIMATES, AS FOLLOWS:
Frederic W. Knaak, Esq.
Holstad and Larson, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City At.torney �
for the Month of January, 1998 .......$ 4,250.00
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432-4381
Services Rendered as City Prosecuting
Attorney for the Month of November, 1997 ..$16,194.50
McMagney Construction, Inc.
19245 Highway 7
Excelsior, MN 55331
Wellhouse No. 1 and Water Booster Station
Rehabilitation Project No. 298
Estimate No. 5 . . . . . . . . . . . . . . . $25, 460.00
�
No persons in the audience spoke regarding the proposed consent
agenda items.
MOTION by Councilman Barnette to approve the consent agenda items.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda as submitted.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 1998 PAGE 6
OLD BUSINESS:
12. ORDINANCE NO. 1114 TO AMEND THE CITY CODE OF THE CITY OF
FRIDLEY, CHAPTER 205.29, "0-5, TEI.ECONIlr1tJNICATIONS TOWERS AND
FACILITIES DISTRICT," TO AMEND APPENDIX A:
Mr. Hickok, Planninq Coordinator, stated that this ordinance is a
zoning text amendment, ZTA #97-04, to designate seven sites as
"approved sites" for telecommunication towers or antennas on
existing buildings. At the January 26 meeting this ordinance was
approved on first reading. At this time, Council requested that
staff evaluate a number of questions that arose.
Mr. Hickok stated that Jim and Heidi Skarie expressed concern about
the identification of the City right-of-way, adjacent to I-694 (and
his apartment complex) as an approved site for telecommunication
equipment and facilities. Mr. Skarie asked if the billboard site,
east of his complex, could be utilized.
Mr. Hickok stated that, in response to Mr. Skarie's question,
Mr. Brown of Fairway Outdoor Advertising was contacted. He may be
interested in the use of his site as a telecommunications site
under certain conditions. Mr. Brown indicated that the current
billboard structure could possibly be rebuilt on a single pole to
serve both as support for the billboard and also function as a
communications antenna. Mr. Hickok stated this rebuilding would
require rezoning of the property.
Mr. Hickok stated that Mrs. Skarie also indicated they would prefer
not to have the right-of-way site listed as an approved site.
However, if it is so designated, a location further to the east
would be preferred. The owner of the apartment complex east of
this site has contacted staff and said that she does not want the
tower moved to the east as suggested by the Skaries.
Mr. Hickok stated that staff felt the most efficient location.to
place a tower and facilities on the right-of-way (north of the
Skarie site) would be near the Fifth Street end of the property.
In a telephone conversation with staff, Mr. Skarie indicated that
he would allow the northeast corner of his site to be utilized as a
tower location. However, in a later conversation, he retracted the
offer and stated that he is still evaluating the possibilities.
Mr. Hickok stated that Mayor Jorgenson asked about the vacant
parcel between the billboard site and the Skarie property.
Mr. Nedegaard was contacted and indicated a strong interest in
having his site utilized as an approved site. The aceess to this
site would either have to be from Fifth Street or an extended drive
aisle would be required across the Fairway Billboard property.
Mr. Hickok stated that Councilwoman Bolkcom asked about the
uncertainty of the NSP pole location near Springbrook Nature
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 1998 PAGE 7
Center. This pole is not on City property. Council can either
eliminate the Sprinqbrook/NSP site from the ordinance or leave it
as an approved site; however, this would be contrary to the
recommendation of the Parks and Recreation Commission.
Ms. Rajmanaan, Agro-K, indicated that she and her employees would
prefer their site be removed as an approved site. However, even if
this site is designated as an approved site, the owner does not
have too allow this equipment on the site.
Mr. Hickok
continuing
considered
March.
stated that Mr. Carlson of Park Construction is
to evaluate whether they wish to have their site
as an approved site and will be responding in early
Mr. Hickok stated staff is recommending that Council adopt the
ordinance on second reading with all the sites as recommended with
the exception of the Springbrook/NSP site. If Council concurs,
this language referring to the Springbrook/NSP site would be
deleted prior to the Mayor and City Clerk signing the official
ordinance.
Councilman Barnette asked if the owner of the apartment complex on
Seventh Street stated her objections. Mr. Hickok stated that it
was the proximity of the tower location in regard to her apartment
complex.
MOTION by Councilman Billings to waive the second reading and adopt
Ordinance No. 1114 on the second reading and order publication.
Seconded by Councilman Schneider.
MOTION by Councilwoman Bolkcom to delete the last paragraph in
Section 2 of this ordinance which refers to the NSP power
structures on City-owned property. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously. _
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Jorgenson declared the motion carried unanimously.
13. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that Mr. Flora wished to discuss
the storm water line on Hac]Qnann Avenue as part of the improvements
in this area.
Mayor Jorgenson stated that Council will be discussing the City
Manager's performance review.
Councilwoman Bolkcom reminded everyone of the SOth Anniversary Task
Force meeting on Thursday, February 12 at 5:30 p.m. in the lower
level of the Municipal Center.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 9, 1998 PAGE 8
ADJOURNMENT •
MOTION by Councilman Schneider to adjourn the meeting. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously and the Reqular
Meeting of the Fridley City Council of February 9, 1998 adjourned
at 7:54 p.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
Nancy J. Jorgenson
Mayor
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CITY OF
FRIDLEY
MEMORANDUM
William C. Hunt
Assistant to the City Manager
Memo to: William W. Burns, City Manager�r��
��
From: William C. Hunt, Assistant to the City Manager y�l �
Subject:
Date:
1998 Police Contract
February 19,1998
Attached is the labor agreement and the accompanying resolution setting forth terms
and conditions of employment for Police Officers in 1998.
Apart from changes in dates and correction of typographical errors, the following are
the changes for 1998:
1.
��
3.
Article 7 Emvlovee Rights - Grievance Procedure.
Section 7.7 Choice of Remedy has been added to the contract. This incorporates
a provision of state law which allows an employee to appeal a grievance either to
an arbitrator in accordance with the labor agreement or to the Fridley Police
Civil Service Commission, but not both. This does not limit an employee's option
to appeal a grievance to the federal Equal Employment Opportunity
Commission, the state Human Rights Department, or to the Veterans'
Administration.
Article 20. P.O.S.T. Trainin�.
Section 20.2 has been added which reads as follows: "Employer shall pay the
cost of maintaining P.O.S.T. licensure for all Employees required to maintain
such license."
The fee for licensure for three years has recently increased from $15 to $90. On
average the cost to the City fox paying this fee for all union members will be
about $840 per year. For all 36 licensed officers the average cost per year will be
about $1,080.
Arttiicle 22. Wage Rates.
Sectaon 22.1 raises wage rates by 3.0 percent over the wage rates for 1997.
1.01
Memorandum to William W. Burns, City Manager
1998 Police Contract
February 19, 1998
Page �vo
Section 22.4 adds the following language: "An Employee certafied for and
assigned to Field �aining Officer (FTO) shall receive a mi,,;mum of one hour's
pay at the overtime rate for each complete shift worked as Field Training O�`icer
or compensatory time at time and one-half up to the limit in Article 30." It is
di�cult to estimate the cost per year, since we do not always have a police officer
in training. We estimate that at current rates the maximum additional gross
wages to be about $1,400 each time a new police officer is assigned to and
completes the FTO program. Most, if not all, of this cost will be absorbed by the
current overtime budget.
I request that you present this contract to the City Counci]. for consideration at their
meeting of February 23, 1998, with the recommendation for approval.
c: David H. Sallman, Public Safety Director
Gary Lenzmeier, Deputy Director of Public Safety
Herb Zimmerman, Police Lieutenant
Lisa McConnell, Human Resources/Public Information Technician
Frederic W. Knaak, City Attorney
Cyrus F. Smythe, Labor Relations Associates, Inc.
1.02
RESOLUTION NO. - 1998
A RESOLUTION APPROVING AND AUTHORIZING SIGNING AN
AGREEMENT FOR POLICE OFFICERS OF THE CITY OF
FRIDLEY POLICE DEPARTMENT FOR THE YEAR 1998
WHEREAS, the Law Enforcement Labor Services, Inc. as bargaining representa.tive of the
Police Officers of the City of Fridley, has presented to the City of Fridley various requests
relating to the wages and working conditions of Police Officers of the Police Depariment of
the City of Fridley; and
WHEREAS, the City of Fridley has presented various requests to the Union and to the
Employees relating to wages and working conditions of Police Officers of the Police
Department of the City of Fridley; and
WI�REAS, representatives of the Union and the City have met and negotiated regarding the
requests of the Union and the City; and
WHEREAS, agreement has now been reached between the representatives of the two parties
on the proposed changes in the existing contract between the City and the Union;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said
Agreement and that the Mayor and the City Manager are hereby authorized to execute the
attached Agreement (E�cliibit "A") relating to wages and working conditions of Police Officers
of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1998.
ATTEST:
WII,LIAM A. CHAMPA - CITY CLERK
NANCY J. JORGENSON - MAYOR
1.03
.
EX�IIBIT "A"
d
LABOft AGKEEI�IENT
BET`VEEN
THE CITY OF FRIDLEY
AND
LA`V ENFORCEI�IEtiT LABOR SERVICES, I�rC.
LOCAL 1V0. 119
1998
1.04
�
Y
LABOft AGREENIENT
BE'ItiVEEN
THE CITY OF FR.IDLEY
AND
LAW ENFORCEi�IENT LABOR SEftVICES, INC. .
LOCAL N0.119
1998 . � �
TABLE OF CONTENTS
ARTICLE PAGE
1. Purpose of Agreement 1
2. Recognition 1
3. Definitions 2
4. Employer Security 3
5. Employer Authority 3
6. Union Security 3
7. Employee Rights - Grievance Procedure 4
8. Savi.ngs Clause 7
9. Seniority 7
10. Discipline 8
11. Constitutional Protection 9
12. Work Schedules 9
13. Overti�me 9
1.05
14. Court �ime
15. Call Back 7.ime
16. Worl�ng Out of Classification
17. Insurance
18. Standby Pay
19. Uniforms
20. P.O.S.T.�aining
21. Longevity and Educational Incentive
22. Wage Rates
23. Legal Defense
24. Probationary Periods
25. Annual Leave
26. Holidays
27. Short Term Disability
28. Funeral Pay
29. Jury Pay
30. Compensatory �ne
.
31. Employee Education Program
32. Pay for Investigators or School Resource Officer
33. BMC Case Na 85-PN-486-A Issue 8
34. Waiver
35. Duration
1.06
.`.
10
10
10
10
11 •
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LEIBOR AGR,EEI�IENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC. ��
LOCAL N0.119
Article 1. Purpose of Agreement
This Agreement is entered into between the City of Fridley, hereinafter called the
Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union.
It is the intent and purpose of this Agreement to:
1.1 Establish procedures for the resolution of disputes concerning this Agreement's
interpretation and/or application; and
1.2 Place in written form the parties' agreement upon terms and conditions of
employ�ment for the duration of this A�eement.
Article 2. Recognition
2.1 The Employer reco�;�es the Union as the exclusive representative, under
Minnesota Statutes, Section 179A03, subdivision 8, for all police personnel in
the following job classifications:
1. Police O�cer
2. Police Corporal
22 In the event the Employer and the Union are unable to agree as to the inclusion
or exclusion of a new or modi.fied job class, the issue shall be submitted to the
Bureau of Mediation Services for determination.
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Article 3. Definitions
3.1 Union
Law Enforcement Labor Services, Inc.
32 Union Member
A member of the Law Enforcement Labor Services, Inc.
3.3 Employee
A member of the exclusively recognized bargaining unit.
3.4 Department -
The Fridley Police Department.
3.5 Emplover
The City of Fridley.
3.6 Chief
The Public Safety Director of the Fridley Police Department.
3.7 Union Officer
Officer elected or appointed by the Law Enforcement Labor Services, Inc.
3.8 Investigator/Detective
An Employee specafically assigned or classi.fied by the Employer to the job
classi.fication and/or job position of Investigato-r/Detective.
3.9 Overtime
Work performed at the express authorization of the Employer i.n excess of the
Employee's scheduled shift.
3.10 Scheduled Shift
A consecutive work period includi.ng rest breaks and a lunch break.
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.
3.11 Rest Breaks
Periods duri.ng the scheduled shift during which the Employee remai.ns on
conti.nual duty and is responsible for assigned duties.
3.12 Lunch Break
A period during the scheduled shift during which the Employee remai.ns on
continual duty and is responsible for assigned duties. ,
3.13 Strike
Concerted action in failing to report for duty, thE willful absence from one's
position, the stoppage of work, slow-down, or absti.nence in whole or in part from
the full, faithful and proper performance of the duties of employment for the
purposes of inducing, influencing or coercing a change in the conditions or
compensation or the rights, privileges or obligations of employment.
Article 4. Employer Security
The Union agrees that during the life of the Agreement the Union will not cause,
encourage, participate in or support any strike, slow-down or other interruption of or
interference with the normal functions of the Employer.
tlrticle 5. Employer Authority
5.1 The Employer retains the full and unrestricted ri;ht to operate and manage all
manpower, facilities, and equipment; to establish functions and programs; to set
and amend budgets; to determine the utili.zation of technology; to establish and
moclify the organizational structure; to select, direct, and deternaine the number
of personnel; to establish work schedules, and to perform any inherent
managerial function not specafically limited by this Agreement.
5.2 Any term and condition of employment not speci.fically established or modi.fied
by this Agreement shall remain solely withi.n the discretion of the Employer to
modify, establish, or eliminate.
Article 6. Union Security
6.1 The Employer shall deduct from the wages of Employees who authorize such a
deduction in writing an amount necessary to cover monthly Union dues. Such
monies�shall be remitted as directed by the Union.
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6.2 The Union may designate Employees from the bargaining unit to act as a
steward and an alternate and shall i.nform the Employer in writing of such
choice and changes in the position of steward and/or alternate.
6.3 The Employer shall make space available on the Employee bulletin board for
posti.ng Union notice(s) and announcement(s).
6.4 The Union agrees to indemnify and hold the Employer harmless aga.i.nst any
and all claims, suits, orders, or judgments brought or issued agai.nst the
Employer as a result of any action taken or not taken by the Employer under the
provisions of this Article.
Article 7. Employee Rights - Grievance Procedure-
7.1 Definition of a Grievance
A grievance is defined as a dispute or disagreement as to the interpretation or
application of the speci.fic terms and conditions of this Agreement.
72 Union Representatives
The Employer will recognize Representatives designated by the Union as the
grievance representatives of the bargaining unit havi.ng the duties and
responsibilities established by this Article. The Union shall notify the Employer
in writing of the names of such Union Representatives and of their successors
when so designated as provided by Section 62 of this Agreement.
7.3 Processing of Grievance
It is recognized and accepted by the Union and the Employer that the processin;
of grievances as hereinafter provided is li.mited by the job duties and
responsibilities of the Employees and shall therefore be accomplished during
normal worl�ng hours only when consistent with such Employee duties and
responsibilities. The aggrieved Employee and a Union Representative shall be
allowed a reasonable aznount of time without loss in pay when a grievance is
inveshgated and presented to the Employer during normal worl�ng hours
provided that the Employee and the Union Representative have noti.fi.ed and
received the approval of the designated supervisor who has determined that
such absence is reasonable and would not be detrimental to the work programs
of the Employer. �
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7.4 Procedure
Grievances, as defined by Section 7.1, shall be resolved in conformance with the
following procedure:
Step 1
An Employee claiming a violation concerni.ng the interpretation or application of
this Agreement shall, within twenty-one (21) calendar days after such alleged
violation has occurred, present such grieva.nce to the Employee's supervisor as
designated by the Employer. The Employer-designated representative will
discuss and give an answer to such Step 1 grievance within ten (10) calendar
days after receipt. A grievance not resolved in St�p 1 and appealed to Step 2
shall be placed in writing setting forth the nature of the grievance, the facts on
which it is based, the provision or provisions of the Agreement allegedly violated,
the remedy requested, and shall be appealed to Step 2 withi.n ten (10) calendar
days after the Employer-designated representative's final answer to Step 1. Any
grievance not appealed in writing to Step 2 by the Union within ten (10)
calendar days shall be considered waived.
Step 2
If appealed, the written grievance shall be presented by the Union and discussed
with the Employer-designated Step 2 representati� e. The Employer-desi�ate�
representative shall bive the Union the Employer's answer in writing w-ithin ten
(10) calendar days after receipt of such Step 2 grievance. A grievance not
resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days
following the Employer-designated representative's final answer in Step 2. Any
grievance not appealed in writi.ng to Step 3 by the Union withi.n ten (10)
calendar days shall be considered waived.
Step 2a
If the grievance is not resolved at Step 2 of the grievance procedure, the parties,
by mutual agreement, may submit the matter to mediation with the Bureau of
Mediation Services. Submitting the grievance to mediation preserves timeliness
for Step 3 of the grievance procedure. Any grievance not appealed in writing to
Step 3 by the Union within ten (10) calendar days of inediation shall be
considered waived.
Step 3
A grievance unresolved in Step 2 or Step 2a and appealed to Step 3 by the Union
shall be submitted to arbitration subject to the provisions of the Public
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Employment Labor Relations Act of 1971 as amended. The selection of an
arbitrator shall be made in accordance with the "Rules Governing the
�rbitration of Grievances" as established by the Bureau of iVIediation Services.
7.5 Arbitrator's Authoritv
a. The arbitrator shall have no right to amend, modify, nullify, ignore, add
to, or subtract from the terms and conditions of this Agreement. The
arbitrator shall consider and decide only the specific issue(s) submitted in
writing by the Employer and the Union, and shall have no authority to
make a decision on any other issue not so submitted.
b. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way to application of
laws, rules, or regulations having the force and effect of law. The
arbitrator's decision shall be submitted in writing within thirty (30) days
following close of the hearing or the submission of briefs by the parties,
whichever be later, unless the parties agree to an e.ctension. The decision
shall be binding on both the Employer and the Union and shall be based
solely on the arbitrator's interpretation or application of the express terms
of this Agreement and to the facts of the grievance presented.
c. The fees and e.�cpenses for the arbitrator's services and proceedings shall
be borne equally by the Employer and the Union provided that each partp
shall be responsible for compensating its ow-n representatives and
witnesses. If either party desires a verbatim record of the proceedi.ngs, it
may cause such a record to be made, providi.ng it pays for the record. If
both parties desire a verbatim record of the proceedings the cost shall be
shared equally.
7.6 `�aiver
If a grievance is not presented within the time limits set forth above, it shall be
considered "waived." If a grievance is not appealed to the next step within the
specified time liYnit or any agreed extension thereof, it shall be considered settled
on the basis of the Employer's last answer. If the Employer does not answer a
grievance or an appeal thereof within the specified time limits, the Union may
elect to treat the grievance as denied at that step and immediately appeal the
grievance to the next step. The time limit in each step may be extended by
mutual written agreement of the Employer and the Union in each step.
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7.7 Choice of Remedv
If, as a result of the written Employer response in Step 2 or 2a, the grievance
remai.ns unresolved, and if the grievance involves the discipline of an Employee
who has completed the required probationary period, the grievance may be
appealed either to Step 3 of Art.icle 7 or to the Civil Service Commission. If
appealed to the Civil Service Commission the grievance is not subject to the
arbitration procedure as provided in Step 3 of Article 7. The aggrieved Employee
shall indicate in writing which procedure is to be utilized - Step 3 of Article 7 or
the appeal procedure in the Fridley Police Department Civil Service Rules and
Regulahons - and shall sign a statement to the effect that the choice precludes
the aggrieved Employee from mal�ng a subsequent appeal through Step 3 of
Article 7.
Article 8. Savings Clause
This Agreement is subject to the laws of the United States, the State of
�Iinnesota and the City of Fridley. In the event a.ny provision of this Aa�eement
shall be held to be contrazy to law by a court of competent jurisdiction from
whose final judgment or decree no appeal has been taken within the time
provided, such provisions shall be voided. All other provisions of this Agreement
shall continue in full force and effect. The voided provision may be renegotiated
at the written request of either party.
Article 9. Seniority
9.1 Seniority shall be deteimined by the Employee's length of continuous
employment with the Police Department and posted in an appropriate location.
Seniority rosters may be maintai.ned by the Chief on the basis of time in grade
a.nd time within specific classifications.
92 During the probationary period, a newly hired or rehired Employee may be
discharged at the sole direction of the Employer. During the probationary period
a promoted or reassigned Employee may be replaced in his previous position at
the sole discretion of the Employer.
9.3 A reduction of work force will be accomplished on the basis of seniority.
Employees shall be recalled from layoff on the basis of seniority. An Employee
on layoff shall have an opportunity 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 given preference with regard to transfer, job
classification assignments and promotions when the job-relevant qualifications
of Employees are equal.
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9.5 Senior qualified Employees shall be �ven shift assignments preference after
ei;hteen (18) months of continuous full-ti.me employment.
9.6 One conti.nuous scheduled annual leave period shall be selected on the basis of
seniority until March ls� of each calendar year. Afier March 1s�, scheduled
a.nnual leave shall be on a first come first served basis.
9.7 Employees shall lose their Seniority for the following reasons:
a. Discharge, if not reversed.
b. Resignation; _
c. UneYCUSed 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 returning to work will not cause loss of
seniority.
d. Retirement.
Article 10. Discipline
10.1 The Employer will discipline Employees for just cause only. I}iscipline will be in
one or more of the followin; forms:
a. oral reprimand;
b. written reprimand;
c. suspension;
d. demotion; or
e. discharge.
102 Suspensions, demotions and discharges will be in written form.
10.3 Written reprimands, notices of suspension, and notices of discharge which are to
become part of a.n Employee's personnel file shall be read and acknowledged by
signature of the Employee. Employees and the Union will received a copy of
such repri.mands and/or notices.
10.4 Employees may examine their own individual personnel files at reasonable
times under the direct supervision of the Employer.
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10.5 Discharges will be preceded by suspension without pay for forty (40) regularly
scheduled worl�ng hours unless otherwise required by law.
10.6 Employees will not be questioned concerni.ng an investigation of disci.plinary
action unless the Employee has been given an opportunity to have a Union
representative present at such questioning.
10.? Grievances relating to this Article shall be initiated by the Union in Step 2 of the
grievance procedure under Article 7.
Article 11. Constitutional Protection
Employees shall have the rights granted to all citizens by the United States and
Minnesota State Constitutions.
Article 12. Work Schedules
12.1 The normal work year is an average forty (40) hour work week for full-time
Employees to be accounted for by each Employee through:
a. hours worked on assigned shifts
b. holidays;
c. assigned training;
e. authorized leave tune.
122 Nothing contained in this or any other Article shall be i.nterpreted to be a
guarantee of a m�n;mum number of hours the Employer may assign Employees.
Article 13. 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 in excess of the Employee's regularly
scheduled shift. Changes of shifts do .not qualify an Employee for overtime
under this Article.
132 Overtime will be distributed as equally as practicable.
13.3 Overti.me refused by Employees will for record purposes under Article 132 be
considered as unpaid overtime worked.
13.4 For the purpose of computing overtime compensation, overtime hours worked
will not be pyramided, compounded or paid twice for the same hours worked.
13.5 Overtime will be calculated to the nearest fifteen (15) mi.nutes.
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13.6 Employees have the obligation to work overtime or call backs if requested by the
Employer unless unusual circumstances prevent the Employee from so worl�ng.
Article 14. Court 1`ime
An Employee who is required to appear in Court during his scheduled off-duty ti.me
shall receive a m;,,;mum of three (3) hours pay at one and one-half (1-1/2) times the
Employee's base pay rate. An estension or early report to a regularly scheduled shift
for Court appearance does not qualify the Employee for the three (3) hour m;n�t,;um.
Article 15. Call Back 1`ime
An Employee who is called to duty during the Employee's scheduled off-duty time shall
receive a min;mum of two (2) hours' pay at one and one-half (1=1/2) times the
Employee's base pay rate. An extension or early report to a regularly scheduled shift
for duty does not qualify the Employee for the two (2) hour m�n;mum.
Article 16. `Vorking out of Classification
Employees assigned by the Employer to assume the full responsibilities and authority
of a higher job classification shall receive the salary schedule of the higher classi.fication
for the duration of the assi, ament.
Article 17. Insurance
17.1 The Employer will contribute up to a ma�amum of three hundred forty-five
dollars (�345.00) per month per Employee toward health, life and long-term
disability insurance, in accordance with the Employer's flexible benefit plan, for �
Employees choosing dependent coverage for calendar year 1998.
17.2 The Employer will contribute up to a maximum of two hundred ten dollars
($210.00) per month per Employee toward health, life and long-term disability
i.nsurance, in accordance with the Employer's flexible benefit plan, for
Employees choosing single coverage for calendar year 1998.
17.3 By mutual agreement each Employee may use up to fifteen dollars ($15.00) per
month of health i.nsurance dollars in 17.1 and 17.2 for group dental insurance
offered through the city, i.n accordance with the Employer's flexible benefit plan. _
17.4 The Employer will provide group term life insurance with a maximum of
$25,000 per Employee and additional accidental death and disability insurance
with a ma.ti.mum of $25,000 per Employee. Provided that the total City cost for
all insura.nce premiums does not exceed the amount set for in this Article.
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Article 18. Standby Pay
Employees required by the Employer to standby shall be paid for such standby ti.me at
the rate of one hour's pay for each hour on standby.
Article 19 Uniforms
The Employer shall provide required uniform and equipment items.
Article 20. P.O.S.T. Training
20.1 Employer shall assign training at Employer's expense for Employees to complete
48 hours of P.O.S.T. Board approved education during each three year licensing
period. -
20.2 Employer shall pay the cost of maintaining P.O.S.T. licensure for all Employees
required to maintain such license.
A.rticle 21. Lonsevity and Educational Incentive
Effective July 1, 1978, the following terms and conditions are effective, e.YCept that
Employees hired after January 1, 1987, shall not be eligible for educational incentive.
21.1 After four (4) years of continuous employment each Employee shall choose to be
paid three percent (3%) of the Employee's base rate or supplementaxy pay based
on educational credits as outlined in 21.6 of this Article.
21.2 After eight (8) years of continuous employment each Employee shall choose to be
paid supplementary pay of five percent (5%) of the Employee's base rate or
supplementary pay based on educational credits as outlined 21.6 of this Article.
21.3 After twelve (12) years of conti.nuous employment each Employee shall choose to
be paid supplementary pay of seven percent (7%) of the Employee's base rate or
supplementary pay based on educational credits as outlined in 21.6 of this
Article.
21.4 After sixteen (16) years of continuous employment each Employee shall choose to
be paid supplementary pay of n.i.ne percent (9%) of the Employee's base rate or
supplementary pay based on educational credits as outlined in 21.6 of this
Article.
21.5 Employees may choose supplementary pay either for length of service or for
educational cre�dits no more often than once every twelve (12) months.
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21.6 Supplementary pay based on educational credits will be paid to Employees after
twelve (12) months of contanuous employment at the rate of
Educational credits stated i.n
terms of college auarter credits
45-89
90 - 134
135 - 179
180 or more
Percentage Pay
increment
3%
6%
7%
9%
Not all courses are to be eligible for credit. Courses receiving qualif�i ,�credits must be
job related. (Thus, a four year degree is not automatically 180 credits - or two year
certificate is not automatically 90 credits.) Job-related courses plus those formally
required to enter such courses shall be counted. If Pri.nciples of Psychology (8 credits) is
require�d before tal�ng Psychology of Police Work (3 credits), completion of those
courses would yield a total of eleven qualifyin� credits, C.E.U.'s (Continuing Education
Units) in job-related seminars, short courses, institutes, etc. shall also be counted.
The Employer shall determine which courses are job related. Uisputes aze grieveable
based on the criteria outlined in the award of Mi.nnesota Bureau of Mediation Services
Case No. 78-PN-3"r 0 .4
Article 22. `Vaae Rates
22.1 Follow-ing hourly wa�e rates will apply for 1998:
..;
Start $14.19
After six months $ I52 i
After one year � 17.45
After two years � 19.61
After three years $21.79
222 Employees classi.fied or assigned by the Employer to the following job
classi.fications or positions will receive one hundred fifty-five dollars ($155.00)
per month or one hundred fifty-five dollars ($155.00) pro-rated for less than a
full month in addition to their regular wage rate:
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Investigative (detective)
School Resource Officer
Juvenile Officer
Dog Handler
Paramedic
22.3 Employees classi.fied by the Employer to the following job classi.fication will
receive two hundred five dollars ($205.00) per month or two hundred five dollars
($205.00) pro-rated for less than a full month in addition to their regular wage
rate:
Corporal
22.4 An Employee certified for and assigned to Field Training Offi.cer (FTO) duties
shall receive a m;n;mum of one hour's pay at the overtime rate for each complete
shift worked as Field Training Officer or compensatory time at time and one-half
up to the limit in Article 30.
Article 23. Legal Defense
23.1 Employees involved in litigataon because of proven negligence, or non-
observance of laws, or of a personal nature, may not receive legal defense by the
municip ality.
232 Any Employee who is charged with a traffic violation, ordinance violation or
cri.minal offense arising from acts performed within the scope of his employment,
when such act is performed in good faith and under the direct order of his
supervisor, shall be reimbursed for attorney's fees and court costs actually
incurred by such Employee i.n defending against such charge.
23.3 Employer will provide protection of all Employees against false arrest charges.
Article 24. Probationary Periods
All newly hired or rehired Employees will serve a twelve (12) month probationary
period.
Article 25. Annual Leave
25.1 Each Employee shall be entitled to annual leave away from employment with
pay. Employees shall accrue annual leave based on an average eight (8) hour
work day. Annual leave may be used for scheduled or emergency absences from
employment. Annual leave pay shall be computed at the regular rate of pay to
which such an Employee is entitled; provided, however, that the amount of any
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c
compensation shall be reduced by the payment received by the Employee from
workers' compensation insurance, Public Employees Retirement Association
disability insurance, or Social Security disability insurance. An Employee's
accumulation of annual leave wi]1 be reduced only by the amount of annual��
leave for which the Employee received compensation.
252 Seniority shall apply on scheduled annual leave up to March 1St of each year.
After March lst, scheduled annual leave shall be on a first come, first served
basis.
25.3 A beginning Employee shall accrue annual leave at the rate of eighteen (18)
days (144 hours) per year for the first seven (7) years (84 successive months).
An Employee who has worked seven (7) years (84 consecutive months) shall
accrue annual leave at the rate of twenty-four (24) days (192 hours) per year;
beginning with the eighty-fifth (85th) month of successive employment.
An Employee who has worked fifteen (15) years (80 successive months) shall
accrue annual leave at the rate of twenty-six (26) days (208 hours) per year,
beginning with the one hundred eighty-first (1815�) month of successive
employment.
These rates are based on a forty hour regular work week. The actual amount
credited to an Employee in any given pay period shall be prorated according to
the actual number of regular hours worked duri.ng that pay period. Hours
worked on overtime, callback, or standby shall not enter into the calculation of
the accrual of annual leave.
25.4 For an Employee hired on or after January 1, 1984:
The ma�mum total accumulataon of annual leave at the end of any given year
shall be thirty (30) days (244 hours).
Once a year, at a time designated by the City, an Employee who has completed
seven (7) years of service with the City will have the opportunity to exchange up
to three (3) days (24 hours) of accumulated annual leave for cash. At the same
time, an Employee who has completed fifteen (15) years of service with the City
will have the opportunity to exchange up to five days (40 hours) of accumulated
a.nnual leave for cash.
25.5 For an Employee hired before January 1, 1984:
Vacation accrued but unused as of December 31, 1983, shall be converted by
annual leave at the rate of one (1) day of annual leave for one (1) day of vacation.
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Accrued but unused sick leave as of December 31, 1983, shall be converted to
annual leave accordi.ng to the following schedule:
a. ls� 45 days @ 1 day of annual leave for 1 day of sick leave
b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave
c. Remai.nder @ 1 day of annual leave for 3 days of sick leave
In lieu of severance pay, one hour of annual leave shall be credited for each full
month of employment up to a ma�dmum 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 sick leave converted according to the forisula above plus the amount in
lieu of severance pay. If upon conversion to the annual leave plan an Employee's
accumulation of annual leave exceeds thirty (30) days (240 hours), that amount
shall be the maximum total accumulation (cap) for that Employee at the end of
any subsequent year.
Once a year, at a time designated by the City, an Employee will have the
opportunity to e.cchange up to five (5) days (40 hours) of accumulated annual
leave for cash.
In addition, once a year at a time designated by the City, an Employee with an
accumulation of annual leave in escess of tbirty (30) days (240 hours) will have
the opportunity to eschange up to five (5) days (40 hours) of annual leave for
cash. Such an exchange shall reduce the ma�d�mum total accumulation (cap) of
an Employee by an equal amount.
An Employee who wishes to take advantage of the catch-up provision of the
I.C.NIA Retirement Corporation may exchange as many days as desired for
cash under the followi.ng conditions:
a. The Employee's cap is reduced by the number of days exchanged.
b. In no case may the cap be reduced below thirty (30) days (240 hours).
c. An Employee tal�ng advantage of this provision must file the appropriate
forms for the payroll division of the Finance Department of the I.C.M.A
Retirement Corporation.
25.6 Upon separation from employment with the City, an Employee will be paid one
(1) day's salary for each day of accrued annual leave remain.i.ng in the
Employee's balance. .
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ti
Article 26. Holidays
26.1 Employees will accrue eight (8) hours of holiday leave for each of eleven (11)
holidays in a calendar year.
262 In addition to the eleven holidays, Employees assigned to the Patrol Division
shall be paid at one and one-half (1- 1/Z) times their base rate of pay for all hours
worked on the actual holiday between the hours of midnight and midni.ght.
26.3 Employees, with approval, may use accumulated holiday leave time in a.ny
hourly increment the Employee chooses.
Article 27. Short Term Disability
27.1 Calculation of the short-term disability benefit shall be based on an average
eight (8) hour work day. Each Employee who has successfully completed the
Employee's probationary period shall be eligible for the short-term disability
benefit. Such an Employee shall be entitled to full pay commencing on the
twenty-first (21�t) consecutive working day on w•hich the Employee is absent
(after absence for 160 consecutive regularly scheduled working hours) due to a
physician-certified illness or injury off the job, and continuing until the
Employee returns to work able to carry out the full duties and responsibilities of
the Employee's position or through �'�e one hundred tenth (110�h) worlflng day
(880�h regularly scheduled working hour) of absence, whichever occurs first.
Such an Employee shall also be entitled to full pay commencina on the eleventh
(ll�h) consecutive worl�na day on which the Employee is absent (after absence
for eighty consecutive regularly scheduled w orl�ng hours) due to a physician-
certified illness or injury on the job and conti.nuin� until the Employee returns to
work able to carry out the duties and responsibilities of the Employee's posi.tion
or through the one hundredth (100th) worl�n; day (800� re,�ularly scheduled
worl�ng hour) of absence, whichever occurs first. The amount of any
compensation for the short term disability benefit shall be reduced by any
payment received by the clisabled Employee from workers' compensation
insurance, Public Employees Retirement Association disability i.nsurance, or
Social Security disability insurance. Payment of short-term disability benefit by
the City to an Employee shall not exceed ni.nety (90) worl�ag days (720 worl�ng
hours) for any single illness or injury, regardless of the number and spacing of
episodes. The annual leave balance of an Employee receiving short term
disability benefit shall not be reduced, nor shall such Employee accrue _annual
leave during that period.
272 Before any short-teizn disability payments are made by the City to an Employee,
the City may request and is entitled to receive a certificate signed by a
competent physician or other medical attendant certifying to the fact that the
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entire absence was, in fact, due to the illness or injury and not otherwise. The
City also reserves the right to have an e:camination made at a.ny time of any
Employee cla;t,,;ng payment under the short-term disability benefit. Such
e.camination may be made on behalf of the City by any competent person
designated by the City when the City deems the same to be reasonably necessary
to verify the illness or injury claimed.
27.3 If an Employee hired before January 1, 1984, has received payments under the
injury-on-duty provisions of previous contracts, the number of days for which
payment was received will be deducted from the number of days of eligibiiity for
coverage under short-term disability for that same injury.
Article 28. Funeral Pay
Funeral leave will be granted to full-ti.me Employees up to a ma�dmum of
twenty-four (24) scheduled hours. Funeral leave is gra.nted in case of deaths
occurring in the immediate family. For this purpose immediate family is
considered to be a spouse, child, parent, grandparent, brother or sister, mother-
in-law and father-in-law.
Article 29. Jury Pay
It shall be understood and agreed that the City shall pay all regular full-ti.me
Employees sezvina on any jury the difference in salary between jury pay a.nd the
Employee's regular salary or pay while in such service.
Article 30. Compensatory Time
Management reserves the right to approve compensatory time in lieu of overtime pay.
Compensatory time shall not be accumulated in e:ccess of twenty-four (24) hours, and
must be used within the calendar year in which it was accumulated as determined by
the Employer.
Article 31. Employee Education Program
31.1 The City will pay certain expenses for certai.n education courses based on the
followi.ng criteria.
a. The training course must have relevance to the Employee's present or
�'nticipated career responsibilities. Attendance shall be at a City
approved institution. The course must be approved by the Department
Manager. Financial assistance will be extended only to courses offered by
an accredited institution. This includes vocational schools, Minnesota
School of Business, etc.
17
1.23
31.2 Programs Financial Policy
Financial assistance not to exceed the amount of two thousand two hundred fifty
dollars ($2,250.00) per Employee per year will be extended to cover the cost of
tuition, required books or educational materials, and required fees related to the
course. Char;es for student union membership, student health coverage and
other charges for which the student receives some item or services other than
actual instruction will nat be paid. The City will pay fifty percent (50%) of the
cost of tuition in advance of the Employee's actual participation in the course
and the Employee shall pay fifty percent (50%) of the cost. Upon successful
completion of the course, an Employee will be required to present to his
Department Manager a certification of satisfacto�y work. Satisfactory work is
defined as follows:
a. In courses issuing a letter grade, a C or above is required.
b. In courses issuing a numerical grade, seventy percent (70%) or above is
required.
c. In courses not issuing a grade, a certification from the instructor that the
student satisfactorily participated in the activities of the course is
required.
31.3 If the Employee satisfactorily completes the course, the Employee w�ll be
reimbursed for the additional fifty percent (50%) of the tuition cost for which the
Employee obligated himself or herself in the approved application as well as for
the cost of a.ny course required books, educational materiaLs or fees. If the
Employee fails to satisfactorily complete the course, the . Employee will not be
reimbursed for these costs.
31.4 The program will not reimburse the Employee for the hours the Employee
spends in class, only for the tuition.
31.5 Expenses for which the Employee is compensated under some other educational
or assistance program, such as the GI bill, will not be covered.
31.6 The City will not pay tuition or other costs for those courses which are used to
make the Employee eligible for additional salary.
Article 32. Pay for Investigators or School Resource Officer
Employees receiving the one hundred fifty-five dollars ($155.00) per month differential
pay shall not be eligible for the overtime provisions of the contract applicable to Police
18
1.24
Officers, but they shall be eligible to receive overtime at time and one-half the
Employee's regular base rate of pay if the Employee is assigned by the Employer to
work in escess of the number of hours allowed by the Fair Labor Sta.ndards Act for the
work period chosen by the Employer in accordance with the special overtime
exemptions for public safety Employees.
Article 33. BI�IC Case No. 85-PN-486-A, Issue 8
The City shall establish a m;n;mum of two months between each shift change: in the
rotation. �
Article 34. Waiver
34.1 Any and all prior agreements, resoluhons, practices, policies, rules and
regulations regarding terms and conditions of employment, to the extent
inconsistent with the provisions of this Agreement, are hereby superseded.
342 The parties mutually acknowledge that during the negotiations which resulted
in this Agreement, each had the unlimited right and opportunity to make
demands a.nd proposals with respect to an.y term or condition of employment not
removed by law from bargaining. All agreements and understandings arrived at
by the parties are set forth in writing in this Agreement for the stipulated
duration of this Agreement. The Employee and the Union each voluntarily and
unqualifiedly waives the right to meet and ne�oti.ate regardi.n� 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 the Agreement, even though such terms or conditions may not
have been within the knowledge or contemplation of either or both of the parties
at the time this contract was negotiated or esecuted.
Article 35. Duration
This Agreement shall be effective as of the first day of January, 1998, and shall remain
in full force and effect through the thirty-first day of December, 1998. In witness
whereof, the parties hereto have e.cecuted this Agreement on this day of
, 1998.
Nancy J. Jorgenson, Nlayor
FOft CITY OF FRIDLEY
lQ
1.25
�Villiam W. Burns, City Manager
FOR LAW ENFOR,CE'VIENT LABOK SERVICES, INC.
�
� •.�
Daniel J. Wells, usi.ness Agent
��
�--- �`G�
Ku e, Steward
I hereby recommend approval of this agreement.
� j /
,���L ��` � .,.- � �� /
�� �
�
tiVilliam C. Hunt, �Lssistan to the City Nla.na;er
�
3 �/
�
David H. Sallman, Public Safety Director
20
1.26
�
P,arks
Si�eets
M�iinten,�ncc
City of Fridley
TO: William W. Burns, City Manager � PW98-038
�
FROM: John G. Flora,'Public Works Director
Jon H. H,a�lcaas, Assistant Public Works Director
DATE: February 23, 1998
SUBJECT: Change Order No. 4 for I-694/TH 47 NE Ramp Reconstruction Project No. ST. 1997-3
MnDOT has added a minor work order to the above ramp reconstruction proj ect to cover bituminous milling
where the ramp pavement meets the existing pavement on TH 47 (University Avenue). This item has been
approved and will be paid for by MnDOT.
The net cost of Change Order No. 4 is $193.40. The revised contract amount will be $473,292.81. The
project is 100% complete and $17,307.92 under budget at a final cost of $455,984.89.
Recommend the City Council approve Change Order No. 4 to the I-694/TH 47 NE Ramp Reconstruction
Project No. ST. 1997-3 in the amount of $193.40.
JHH/JGF:cz
Attachment
2.01
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 IJNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432
February 19, 1998
.�.
Forest Lake Contracting Inc.
14777 Lake Drive
Forest Lake, MN 55025
SUBJECT: Change Order No. 4, I-694/TH 47 NE Ramp Reconstruction, Project No. ST. 1997 - 3
Gentlemen:
You are hereby ordered, authorized, and instructed to modify your contract for the I-694/TH 47 NE Ramp
Reconstruction Project No. ST. 1997 - 3 by adding the following work:
Addition:
Item
1. Bituminous Milling W/O No. 9
uanti
Lump Sum
Price Amount
193.40 193.40
TOTAL ADDITTONS . . . . . . . . . . . . . . . . . . . . . . $ 193.40
TOTAL CHANGE ORDERS:
Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $453,496.01
Contract Additions - Change Order
No.l ........................................ $3,546.40
No.2 ......................................... 4,237.50
No.3 ........................................ 11,819.50
No.4 .......................................... 193.40
REVISED CONTRACT AMOITNT $473,292.81
2.�2
Forest Lake Contracting Inc.
Change Order No. 4
February 19, 1998
Page 2
Submitted and approved by John G. Flora, Public Works Director, on the 23rd day of February, 1998.
Prepared by
Checked by
John G. Flora, P.E.
Director of Public Works
Approved and accepted this day of , 1998 by
FOREST LAKE CONTRACTING, INC.
Bob Vollhaber, Project Coordinator
Approved and accepted this day of , 1998 by
CITY OF FRIDLEY
Nancy J. Jorgenson, Mayor
William W. Burns, City Manager
Approved and accepted this day of , 1998 by
Metro Division Assistant State Aid Engineer
2.03
�
City of Fridley
TO: William W. Burns, City Manager �,�� PW98-039
FROM: John G. F1ora,�Public Works Director
Jon H. Hauk�,as, Assistant Public Works Director
��
DATE: February 23, 1998
SUBJECT: Sanitary and Storm Sewer Repair Project No. 314
On Thursday, February 19, 1998, four bids were opened for the Sanitary and Storm Sewer Repair Project.
The low bid was submitted by , Insituform Central, Inc. of Chesterfield, MO, in the amount of $198,865.00.
The 1998 budget has $75,000 budgeted for the sanitary sewer repair and $150,000 for the storm sewer
repair.
Recommend the City Council receive the bids and award the contract for the Sanitary and Storm Sewer
Repair Project No. 314 to Insituform Central, Inc. in the amount of $198,865.00.
JHF-I/JGF:cz
Attachment
3.01
■
1
BID FOR PROPOSALS
SAlVITARY & STORM SEWER REPAIR PROJECT NO. 314
THiJRSDAY, FEBRUARY 19,1998,10:00 A.M.
3.02
City of Fridley
TO: William W. Burns, City Manager ��i'
FROM: John G. Flora,`Public Works Director
Jon H. Hauk�.as,_Assistant Public Works Director
DATE: February 23, 1998
SUBJECT: Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 315
PW98-037
On Wednesday, February 18,1998, at 10:00 am, bids were opened for the Miscellaneous Concrete Curb and
Gutter and Sidewalk Project No. 315.
Specifications were sent to 12 contractors and eight bids were received. The low bid was submitted by Ron
Kassa Construction of Richfield, MN, in the amount of $52,825.00. The 1998 project includes remedial
sidewalk, curb repair and replacement in the City whether due to utility repairs or driveway entrance permit.
Quantities are estimated based on past years needs plus work projected for 1998.
Recommend the City Council receive the bids and award the contract for the Miscellaneous Concrete Curb
and Gutter and Sidewalk Project No. 315 to Ron Kassa Construction in the amount of $52,825.00.
JH/JGF:cz
Attachment
4.01
BID FOR PROPOSALS
MISCEL CONCRETE CURB AND GUTTER AND SIDEWALK PROJECT NO. 315
WEDNESDAY, FEBRUARY 18,1998,10:00 A.M.
-:� �: , ,M ..,�.
���� � � � �y �t, ���
� ��A b� �� � �� ���� ��s�-�"�� �° ��' a�"' � �
v, � �
��c� �u � ,� � :. F ; ,., " , { y��
'',.
,
. +,; ,, .. , .
�..�4 � .,.....: .�» �::. .a, ,,,,, , , ��t xa.. .::,. " �.
Ron Kassa Construction Granite Re. $52,825.00
7438 Upton
Richfield MN 55423
Landmark Concrete Ohio Casuality $53,103.00
17630 Hwy 65 Insurance Co.
Ham Lake MN 55304
Gunderson Bros Inc Capital Indemnity $57,877.50
2325 Snelling Ave -
Minneapolis MN 55404
Scandy Concrete American Insritute of $58,050.00
328 East Hennepin Ave Ste 220 Architects
Minneapolis NIN 55418
Thomas & Sons Construction Inc United Fire & $63,280.00
13925 Northdale Blvd Casualty
Rogers MN 55374
Independent Curb Capital Indemnity $65,475.00
111 Highway 25
Buffalo MN 55313
Curb Master Inc Capital Indemnity $69,125.00
10150 101 st St N
Stillwater MN 55082
Victor Cazlson & Sons Granite Re. $69,950.00
14540 40th Place No
Plymouth MN 55446-3312
Halvorson Construction Co NO BID
1345 157th Ave NE
Anoka NIN 55304
S. M. Hentges NO BID
650 Quaker Ave -
Jordan NIN 55352
Schmidt Curb Co NO BID
13195 95th St
Elk River MN 55330
Standard Sidewalk NO BID
29635 Neal Ave
Lindstrom MN 55015
4.02
�
�
CfTY OF
FRIDLEY
CLAIMS
FEBRUARY 23, 1998
ClA1MS
79183 - 79389
5.01
e
-
-
QTY OF
FRIOIEY
LICENSES
FEBRUARY 23,1998
GENERAL CONTRACTOR-COMMERCIAL
K J Management
478 Hazel St '
St Paul MN 55119 Dennis Olson
Northrup G M Corp
8525 W 163 St
Lakeville MN 55044
John Northrup
GENERAL CONTRACTOR-RESIDENTIAL
Lee's Construction & Remodeling (20035159)
4633 Camden
Minneapolis MN 55412 Larry Lees
PLUMBING
AWD Coolers
2415 Annapolis Ln N #130
Plymouth MN 55441 Steve Gould
Ebert Plumbing & Heating
7613 Bacon Dr
Fridley MN 55432
SIGN ERECTOR
Electro Neon & Design
1680 99 Ln NE
Blaine MN 55449
WRECKING
Don Zappa & Son Excavating Inc
1801 Radisson Rd
Blaine MN 55449
Douglas Ebert
Michael Ziertman
Tony Zappa
6.02
RON JULKOWSKI
Building Official
Same
STATE OF MINN
STATE OF MINN
Same
RON JULKOWSKI
Building Official
RON JULICOWSKI
Building Official
�
�
QiY OF
FRIDLEY
ESTIMATES
FEBRUARY 23, 1998
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
TH 47 and I-694 Ramp N.E. Reconstruction �
Project No. ST 1997 - 3 �
Estimate No. 5 ...................................................................... $4,218.15
7.01
City of Fridley
TO: William W. Burns, City Manager��f°
FROM: John G. Flora,'Public Works Director
DATE: February 23, 1998
SUBJECT: Right-of-Way Ordinance
PW98-041
The 1997 Legislature established Chapter 123 dealing with the management of the public right-of-way.
Within that Statute it enabled the cities to adopt an ordinance for the management of the public right-of-way
for utilities placed within it effective March 1,1998, with the assumption that rules from the Public Utilities
Commission (PUC) would be available at that time.
The PUC is requesting an extension for establishing the right-of-way rules. We expect their request will be
approved and, therefore, the rules will not be available until sometime in 1999.
To ensure that we have some control of the right-of-way for the 1998 construction season, we need a public
hearing to adopt a right-of-way ordinance. Notice was published in the Fridley Focus February 12 and 19,
1998. As a result of the public hearing, it is anticipated that the first reading would be presented to the
Council on Mazch 2,1998 and the second reading on March 16,1998 with the publication to follow and the
ordinance to become effective on March 30, 1998.
A copy of the model ordinance is available in the Council packet.
JGF:cz
Attachment
8.01
City of Fridley
TO: William W. Burns, City Manager
FROM: John G. Flora, �ublic Works D'uector
DATE: January 16, 1998
SUBJECT: Right-of-Way Ordinance
PW98-009
The Public Utilities Commission (PUC ) Task Force dealing with model telecom right-of-way ordinance
has scheduled a special meeting for Tuesday, January 20, 1998, in an attempt to complete their review and
corrunent of the model ordinance that had been jointly prepazed by the City Engineers and League of
Minnesota Cities. That task force group is primarily made up of lawyers from the League and the telecom.
It is considered that at the completion of this meeting, they will submit their comments as the task force
review to the PUC. Accordingly, we will not know exactly what the changes may be to the model ordinance
until after the 20`�.
Tom Grunhoffer from the League will be presenting the re-drafted model ordinance to the City Engineers
conference on Tuesday, January 27. At that time I expect to receive the most recent version of the
ordinance. Upon receipt of the revision, I propose to review the document as it pertains to the City of
Fridley and to initiate action before the Council to adopt a right-of-way ordinance so we will have a
workable document by March 1 prior to the construction season and in compliance with the state Statute
authorizing the cities to implement ordinances after that date.
The PUC also proposes to initiate another task force made up of one representative from the municipalities
(LMC), one representative from the telecom and other agencies that had not been in the initial process:
Attorney General's office, public service division, businesses plus others. After this new task force
completes their recommendations to the PUC, I would expect that there might be some additional changes
that will have to be considered with any ordinance the City adopts. I also expect that any additional
revisions will not be established by the PUC until 1999. Accordingly, I believe it is essential that the City
adopt something in the interim period with the understanding that there might be a revision in the next year
or so.
JGF:cz
8.�2
�
` FRIDLEY CITY COUNCIL MEETING OF
arroF FEBRUARY 23,1998
FRIDLEY
INFORMAL STATUS REPORT
9.01
F�B-23-1998
14 � Q7'
February 23, 1998
Mr. ]ohn Flora
City of Fridley
City Hall
6431 Univcrsity Ave. NE
Fridley, MN 55432-4353
Dear Mr. Flora:
PARAGON CABLE MINN
_���
_=�
PARAGON
C � B � E
Kim M. Roden, Vice President of Public Affairs
�
6I2 521 ?626 P.02iO4
I azn writing regarding the proposed right-of-way ordinance that the Fridley City Council will be discussing
this evening. 1 appreciata the opportunity to convey some of Paragon Cable's suggestions regarding the
potcndal adoption of this new ordinance.
As you know, our cable television franchise with the Cicy of Fridley contains mat►y similar provisions
regarding construction, insurance, sccurity, indemnifiestion, ete. When the city adopts this ordinance, we
suggest that tanguage foT those campanies that alrcady havc francluses with the citybe added indicating that
che franchise is the prevailing document We have atrached su�ested language from the Edina Right of Way
Ordinance for your considerarion that we believe clarifies this issue.
We also request that ouc company be exempt from paying permit feES as we are the only eompany in tht right
of way now �h,at pays franchise fees to thc eity of Fridley. The city of �dina has exempted our company from
permit fees in its right of way ordinance f�r this reason. We are concerned about added eosts to our
customcrs on top of the five per cent fee that they are already payin� and a level playin� field with our
competitors. We would simply be requesting that the city tireat all companies and their customersin the ri�ht�
of vvay fairly and equitably. We aze also concerned about increascd costs of constivction and the impact t�st
will have on our business which is now hishly compctitive.
One other item worth noting is that the city. throu�h this proposed new �rdinance, appears to be moving
toward puttina more facilities underground, while at the same time, indicating that underg�ound facilities are
the problem. We would like to understand this new policy in li ;ht of this issue.
We appreciale the opportunity to provide this infotmation to you and che Council tonight and look forward
to working on these issues in the near future.
Since e1y,
' O �J��
�'�'/'l
imberly M. Roden
Attachments
801 Plymouth Avenue North, M�nneapolis, M�nnesota 55411 612l522-5200 FAX 612/521•7626
A Time Warner Inc. Compor�y
FEH-23-1998 14�08
City oi Edina
� PA�AGON CABLE MINN j } 612 521 7626 P.03�4
Bt�ldings, �onstrucdon and Signs 421.04
Subd. 1 Application; �'ee. A� applicazion for a permit shall be made on forms
provided by the Eaginecr and shall be accompanied by the fees set forth in Section 185
of chis Code w}uch arc cstablished to rei�mbune che Ciry for City costs. A person �+ho
pay� a franchise fee co che Ciry in accordan,ce with a f�aaachise agreemeat sball be
exempt from the paymenc of penniL fees. If the work is to be performed by an agent,
contractor or subc:oniraccor on behalf of a registrant, such applicadon shall be signed
by che registrant. T'b.e applicarion shall also be acxo�mpanied by the following:
A. Scaled drawings shawing �e locarioa of all facilicies and i�mprovemeacs
psoposed by the applicant.
B. A descripcion of the mechods that will bc uscd for installation.
C. A proposed schedule fc�r all w�rk.
D. The locacian of any public streets, sidewallcs or alleys that will be
tcmporarily closed to trafFic �turing che work.
E. The tocation of any public sQeets, sidewallcs or alleys chat will be disrupted
by che work.
F. A descriprion of inethods for restorin� aay public im�rovemeats disrupted
by the work.
G. Any other informad�on reasonably required by the Eagineer.
Subd. 2 Securitq. For companies not operating under a fraachise wirh the City, a
surecy boad, letter of credit or cash deposit in the amount decermined by �he Engineer
but noc less than �5,000. shall be required from each applicant. A sure�y bond shall be
from a corponie surtry aut�orized to do business in the Staie. Security required
pursuant to this Subd. 2 shall be conditianed that the holder will pertorm the work in
accordance wich chis Seeeion and applieable re�uladons, will pay to the City any coses
ineurred by the Ciry in performing work pursuanc t4 chis Section; aad will ind�mniif}►
and save the Ciry and ics officers. agenrs and employees harmless agai.nsL any and all
claw�s, judg�ment or ocver costs arising from any excavation and other work covered by
�he pemiit or for which the City, Council or any City officer may be liable by reason
of any aeeideat or iajury co persons or property through c'he fault of the permit holder.
eithcr in ia�prope�rly guarding che excavation or for any ocber injury resulting from the
negligence of the permiL holder. The bond, lette�r af credii or cash deposit shall be
releascd by the City upoa compl�tion of the work and compliance with all condirions
imposed by the genmit. For permits allowing excavations wirhin public streets, such
bond, lcner oY �redit or cash deposii shall be held for a period of 24 monchs �o
guaranry the adequacy of all re.Storacion Work. �
Subd. 3 Yermit Yssuance; Conditions. The Engineer shall granc a permic upon finding
the work will comply wirh ap�licable secdons of tbis Cflde. The permit shall be kepc on
the sitc of the work while iL is in prog�ess, in the custody of the individual in chaxg� of
che work. The permit shall be exhibited upon requcsc r�nade by any City offiicial or
4Z1 - 3
Y
F�':B-23-1998 14:08
City of Edina
�- -
PRRAGON CABLE MINN .. • 612 521 7626 P.04i@4
g�dings, Con,sttudion aad S'�ns 421.19
repair of said equig�me� by the regis�� or on the regi.s�a�'s b�, ��ng bnt
on of plans or wotk- Th�s secti°n �
not limited w, the iss�ance of permics aad inspecn o��e available to the
not, as to third pardes� a waiver of any defcase or ��ry ��n on behalf of the
regisQanc or to the Ciry; �d ��P��• � defending anY
City, shall be enutled w assart ia �nY acuon every defense oi immuairy �t � City
could assert in iu oaa behalf. �
421.19 �lanchise �olders. If there is a confli �in�languago �� �� of�e�franchisc hall
holding a franchise a�� with Lhe Ciiy �n
prevail. .
History: Ord 199� 7 adopted �1 �97 .
Grors Reference: Secrion I85
0
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TOTAL P.04
�
`
SENT BYtMINNEGASCO • ` } 2-23-98 : 15�08 �
,
February 23, 1398
Mr. John G. Flora, P.E.
Director of Public Works
City of Fridley
6�l31 University Avenue N.E.
�'ridley, Minnesota 55932
LINDfN-�� 612 571 12�7:# 2/10
�y�nn�rasco•
Al11mRAti1 E�srConrP�
Re: Proposed City of Fridley Right-of-Way Ordinance
Dear Mr. Flora:
I appreciated the opportunity to talk to you Friday afternoon
about the City of Fridley proposed Right-of-Way Management
Ordinatice. John, as we discussed, we have a number of concerns
with the ordinance in its present forn�.
As a franchised utility, many of issues addressed in the
ordinance are covered in the franchise agreement between the city
of Fridley and Miniiegasco. While we can appreciate the City's
dPqi.re to develop a Right-Of-Way management plan that extends
beyond the traditional gas and electric utilities that have
served the City for many years, there are issues that need
further discussion.
Attached are my comments on the various segments of the
ordinance. Amonq the principal concerns are:
User fees and the Right to use the right-of-way,
Indemnification,
Restoration,
Annual Registration, fees and reporting.
Cvnstruction Performance Bonds,
Potential arbitrary relacations,
Removal of Out of Use or Abandoned racilities,
Emergency Actions by the Director,
Probation.
I believe that rnany of these issues and concerns were discussed
during the Public Utility Commissivn Task Force hearings during
1997 and early 1998. As you know, Minnegasco was actively
involved in these Task Force discussions on right-of-way
managemer�t and intends to continue our involvement. As a
stake holder in the discussion, we do not believe i:hat the
Right-of-Way ordinance currently proposc�d by the league of
Minnesota Cities, sufficiently balances the needs of the
municipalities and industry. We caution against adopting
ordinance as currently written.
TW WCSt Giuden Avertue
T.O. Bruc I 1 r►5
Minnr.apolis. MN fi614fL11(5.5
key
Mode1
the
�
SElYT BY�MINNEGASCO y: 2-23-98 : 15�08 : LtNDEN� � 612 571 1287;# 3l10�
,
John, as you work to establish aa workable Right-of-Way ordinance
for Fxadley, We would welcome the opportunity to work with the
City and other utilities to develop language Lhat i.s acceptable
to all.
Should you have any questions please conLact me.
Sincerely, �
Richard ilon, P.E.
Senior A inistration Engineer
Technical Services
612-327.-5426
pc: Al 5wintek
.,
�
SENT BY*M(fVNEGASCO - "" � 2-23-98 : 15�09 : LINDFN� 612 571 1287,# 4/14
MINNEGASCO COMMENTS
City of Fri.dley
Right-Of-Way Manaqement Ordinance
The ordinance itself while using wording from the Minnesota
League of Cities/City Engineers Association Model does not appear
to use the latest version. The ordinance, as written, raises
many questions for utilities and other operators within the
public riqht-of-way.
907.01. FINDINGS AND PURPOSE
1. in most communities the city excavates more than the rest of
the utilities making excavations as much a ciLy problern as a
utility problem.
Minneqasco and its contractors use their best efforts to
minimize obstructior�s and inconveniences to residents and
businesses. They are our customers. It is not in the
citizens or our best interests to inconvenience them any
more than necessary.
Currently the city ordinance requires utilities to pay
permit fees .f.or projects not only in their city right-of-way
but also in st�te and county right-of-way. The reason given
was that the city got all the calls about work in the right-
of-w�y. At that time we did not object. With the proposed
user fee and increase in permit fees we should not be paying
Fridley for projects on state and county rights-of-way.
Minnegasco provides an essential service to the residents
and businesses oi Fridley and have been since 1947. Over
100 years ago Justice Mitchell �tated in an opinion: *** But
it is now taniversal.Iy conceded that urban highways may be
used for constructing sewers and laying pipes for the
transmission of gas, water, and the like for public use. ***
The uses referred to of urban streets ate noL �n aid oi
travel, but are themselves indepenc�ent and primary uses,
although a11 within the qeneral purposes for which highways
are designed. ***
Minnegasco does obtain revenue from the product delivered
through our gas rnains and service l.i.nes. The revenue and
profit received from these customers is controlled by a
state agency or commission. In addition, these buried
facilities, gas mains and services, in Fridley, paid over
$223,000 in taxes in 1997. These taxes benefit the schools,
residents and businesses in Fridley.
�
SEM' BY�MINIVEGASCO �; 2=23-98 ; 15�09 : LINDfN� 612 571 1287;# 5/10�
2. To the best of my knowledge all the utilities are willing to
pay their share for maintaining the right-of-way but they do
not want to pay the total cost.
3. The city apparently wants to institute a"User Fee" in
addition to other permit fees. It telecommunications
companies are not subject to the user fee, what are they
subject to and what are the other utilities subject to.
This appears to be a substitute for a franchise fee.
Minnegasco has indicated a willingness to discuss a
Franchise Fee.
a. Public Interest and Welfare
This says that all users oi Liie right-of-way should pay a
user fee to provide equity among users. How will there be
equity if the telecommunications companies are exempt irom
both user and franchise fees and there is no mention of the
city.
c. Not a Rate
It's still a fee and the customer still pays.
907.02. DEFINITIONS
f, Degradation Fee
The cit}� must also be responsible for the excavations they
perform and the costs involved in repairing them. Will the
city refund any funds not needed to complete the projPCt
restoration?
t. Obstruction Permit
Is this a temporary permit or is it also a permanent permit?
ie: Is this the permit a utility would get for an above
g��ound switch box, or a regulator station.
x. "Person" �
This detinition must include the "city".
y. z. Pr.obation and Probation Period
Is this legal for a franchised utility?
cc. Restore or Restoration
Somehow the city has to make e, f, cc, and dd. work
together. cc. does not necessarily mean the same as e, f,
and dd.
SF1VT BY�MINNEGASCO - ' : 2-23-98 : 15�09 �
ee. Right-of-Way
LINDE�V� 612 571 1287f# 6/10
The city should only accept fees f.or the rights-of-way they
control_ Other rights-of-way should be eliminated from this
definition.
kk. User Fee
This sounds like a blank check to me. Is this something
over �r�d above what the 5tate Legislature? If Telcoms are
not subject to user fees why are the o�her utilities?
407.4. REGISTRATION AND RIGHT-OF-WAY OCCUPANCY
1. Registration
Registration should not be required of Franchised Utilitie�. Thc
city has the basic infvrmation. If additional information is
required it can be furnished. If the city insists on reqistra-
tion from franchised utilities, it siiould be a one-time registra-
tion only, with only one fee. Periodic updates can be made as
personnel change.
907.05. REGISTRATION INFOI�MATION
1. Information Required
a, and b. Reasonable
c, and d. This is covered by our franchise agreemer�t.
2. Notice of Changes
The city should also give the operator notice of their changes.
3. Grant of Right; Payment of User Fee
Tr�is particular wording is not in any League of Cities Model. As
mentioned, the state has already given us the right and defined
gas pipelines as a primary user of the public right-of-way.
407.06. REPORTING OBLIGATIONS '
1. Operations
The rehabilitation or maintenance projects we do each year
depends, to a large extent, on what the city does each year.
2. Next Year Projects
'1'he new projects we do depends on customer requests.
SEIVT BY�MINNEGASCO � ; 2=23-98 ; 15�10 �
407.07, PERMIT REQUIREMENT
LINDFN� , 612 571 1287:# 7/10'
We don't always know when our projects are going to begin and how
fast they will go. We would like to get an approved permit, at
least in concept and location, subject to a later notification to
the city for the start date. Our policy is once a project is
started we work until it is completed. When working with a gov-
ernmenfi agency we try to coordinate our project with theirs,
Decause of the way our smaller projects are developed and our
requirement to respond to emergencies we would oppose a Delay
Penalty.
407.08. PEKMIT APPLICATION
c. Payment of money due the city for
Minnegasco will pay permit fees for gas main installations
at the time of application, as required. We would prefer to
pay fees for service line installations and other small
projects monthly.
Minnegasco discourages Franchise or user fees because they
put the city at a competitive disadvantage with cities that
do not have such fees. We would, however, preLer, and agree
to discuss, a franchise fee rather than a user fee.
407.11. RIGHT-OF-WAY PATCHING AND RESTORATION
2. Patch and Restoration.
The restoration standards developed by the PUC task group were�
�stablished and agreed on only as maximums. Most agreed that
many of the streets do not warrant the maximum. Minnegasco would
like to believe that the director will cooperate with utilities
in determining reasonable and proper restoration.
Minnegasco believes that it is unreasonable to require a perfor-
mance bond from utilities, with a proven track rec:ord, who have
been servinq the city for over 50 years. It may be better to
say, The City may require a construction performance bond.
5. Failure to Restore.
Minnegasco has confidence in its restoration contractors. We
want to be able to contest a failure of restoration ruling.
6. Degradation Cost in Lieu of Restoration.
Minnegasco pref.ers to complete its own restoration. Our restora-
tion contractors are experts and can easily meet reasonable re-
quirements. If the city wishes to do restoration, it must meet
the same standards demanded of the operator.
SF�VT.B��MINNEGASCO • ` ; 2-23-98 : 15�10 :
407.15. DENIAL OF P�RNjIT
LINDE1Vy 612 571 1287;# 8/10
As most utilities provide an essential service or at a minimum, a
service that is requested by a resident or business. It should
be imperative that the director try to find a route for the
installation or council the operator to get the proper plans or
paperwork submitted. The director mus� realize that denying a
permit may also cause not only an inconvenience, b��t also the
possibi:tity of an unseen emergency.
407.17. INSPECTION
1. Notice of Completion.
If the city wants and will use a written notice of completion we
will submit ane. If the city can�t or won't use a completion
notification, why burden the utility.
3. Authority of Director.
The director must be aware that ordering a cessation of work may
in itself cause a safety concern. The director must also be
aware that he has authority only to the codes addressed in the
perrnit, and not to interpret industry, state, or federal codes.
9. Obligation.
Redundant. '1'his statement should be earlier in the document,
either in the restoration section or part of the fact finding.
907.18. WORK DONE WITHOUT A PERMIT
1. Emergency Situations
First paragraph ok.
Second paragraph:
What kind of emergency? Is the director qualified to safely deal
with the particular emergency? Unless the Director or his
designate is qualified to work on qas or electric facilities or
equipment, he is better off waiting for the utility crew. If the
director or his representative acts without direction by a
utility representar_i.ve both the director and the city could be
held liable for any or all consequences occasioned by the
director's acts.
907.20. REVOCATION OF PERMITS
Minnegasco and the other utilities have a sizable investment in
the facilities within City of Fridley rights-of-way. The
utilities pay personal property taxes on these facilities; in
Minnegasco'9 case over 5223,000. Minnegasco expects the director
or his repxesentative to call if there is a problPm.
_ �
SFNT BY�MtNNEGASCO `: 2=23-98 : 15=11 : LINDFN-� , 612 571 1287�.# 9/10'
407.21. MA.PPING D11TA
We can provide information on paper or electronically if it can
and will be used by the city. �
407.22. LOCATION OF FACILITIES
3. Nuisance
Minnegasco has been serving gas custamers in Fridley since i947.
O�rer the years we have abandoned facilities in place in
conjunction with city improvement projects and in some cases our,
own projects. We do not have readily available information on
where these facilities were abandoned. In most cases the new
pipe was installed within two feet of the existing. We canriot be
certain that any of this abandoned pipe is_still in the ground.
407.24. PRE-EXCAVATION FACII,ITY AND FACILITIES LOCATION
We do not know of facilities with les� than twenty (20) inches
cover.
407.25. DAMAGE TO OTHER FACILITIES
Minnesota Statute 216D.05 states:
"An excavator shall:
(1) Plan thc �xcavation to avoid damage to and minimize
interference with undergrounr� f.acilities n and near the
construction area;
(2) mairitain clearance between an underground facility and
cutting edge or point of any mechanized equipment, considering
the known limit of control of the cutting edgP or point to avoid
damage to the facility;
(3)provide support for underground facilities in and near the
constr,uction area, including during backfill operations, to
protect the facilities; and
(9j conduct the excavation in a careYul and prudent manner."
216D.05 says excavator. If Minnegasco is the excavator than we
support at our cost. If our contractor is the excavator, they
support as part of their project. It is unfair to expect our
customers outside of Fridley to support facilities for City of
Fr.i.dley excavations. The city's sewer or water user fees should
cover the costs of supporting foreign structures if sewer or
water are the reason for the excavation. -
If this same language is put forth to the PUC, MinnegasCO will
speak against it there as well.
0
�
SENT BY�MINNEGASCO , : 2-23-98 � 15�11 �
407.26. RIGHT-OF-WAY VACATION
° LINDF.�V� 612 571 1287.#10/10
2. Relocation of E'acilities.
(ii) This vacation must be a proper use vf the city's police
powers.
407.27. INDEMNIFICATION AND LIABILITY
This is covered in our franchise agreement.
907.28. A�ANDONED AND UNUSABLE I'ACILITIES
See.comment under 407.22. (c) Nuisance
Thee Minnesota Legislature, Minnesota Uftice of Pipeline safe�y
and Gopher State One-Call are addre�sing abandoned and out of
service facilities.
1. Discontinued Operations.
Minnegasco has no intentions of discontinuing operations. We do
feel that in most cases the cost to remove an abandoned or
nuisance facility far outweighs the benefit.
2. Abandoned Facilities.
See eomments above and in 907.22 (c).
Chapter 11
The fee structure is confusing and apparently a significant
increase over previous permit fees. The legislature will insist
on an audit track to assure thaL• operators and LGUs are treated
fairl,y and that the fees only cover expenses.
Minnegasco
A Division of Houston Industries
February 23, 1998
Richard J. Pilon, P.E.
612-321-5426
�
February 22, 1998
John Flora
Directo� of Public Works
City of Fridley
Re: City of Fridley Proposed Right-of-Way Ordinance
Dear John,
Northem States Power Company
Maple Grove Materials Compiex
8701 Monticello Lane
Maple Grove, Minnesota 55369-4550
Telephone (612) 493-1550
ELECTRIC REPAIR CENTER
We appreciated the opportunity to meet with you on Friday t discuss our comments on
the proposed right-of-way ordinance. Fridley's proposed ordinance appears to be based on the
most recent version of the League of Minnesota Cities Model Right-of-Way Ordinance. While
this version is much improved over past versions, NSP still has many remaining concerns about
the language of the proposed Fridley ordinance. Those concerns include the requirement to
register with the City annually, the requirement to post bonds, the inclusion of "use� fees," the
undergrounding provision, the indemnification language, and the potential requirements for
arbitrary relocations and removal of abandoned equipment.
We support any city's reasonable regulation of public right-of-way. To that end, we have
been active participants in the Public Utilities Commission task force on �ight-of-way
management. We have had numerous meetings with cities who are proposing to adopt right-of-
way ordinances. And we actively supported the League of Minnesota Cities in their efforts to
clarify the new state law on right-of-way management. While we support reasonable regulation,
we do not believe that the League model represents reasonable regulation. We caution Fridley
in adopting the ordinance as written.
If you decide to adopt the ordinance as is, we request the opportunity to continue to work
with you to reach more mutually agreeable language. Of as an alternative, we could address
the NSP concerns as part of franchise negotiations. The new state law provides that the terms
of a franchise will prevail over any conflicting terms in a city ordinance. And as discussed in our
meeting, most of our concems could be resolved within a franchise agreement.
� n'�
,;
�.-, �+✓��
John R. Theis
Community Service Manager
NSP Maple Grove �
Minnegrasco�
A !�!�4!�M ENEAGY COMPANY
February 23, 1998
Mayor Nancy Jorgenson
City of Fridley .
6431 University Avenue NE
Fridley, MN 55432-4383
Dear Mayor Jorgenson,
T'hank you for giving Minnegasco the opportunity to appeaz before the City Council to
discuss the Right-of-Way Ordinance under consideration. We can appreciate the City's right-
of-way management concerns, and look forward to working cooperatively to develop a good
workable ordinance that addresses them.
As a franchised utility that has provided natural gas service to Fridley since 1952,
Minnegasco is in an unique position, in that our existing franchise agreement with the City,
already addresses many of the right-of-way management concerns that are addressed in the
ROW ordinance. A copy of the franchise agreement is attached for your review. In addition,
the following key points from the agreement may be particularly relevant to the ROW
discussion. Minnegasco's existing franchise agreement with the City of Fridley:
* specifies that location, construction, installation and maintenance of the gas utilities need
to be done so as not to endanger or unnecessarily interfere with traffic, travel and use of
public ground.
* specifies the need to obtain a permit and Fridley's right to impose a reasonable fee.
* specifies that restoration will be done to as good a condition as formerly, and that
Minnegasco shall exercise reasonable caze to maintain the repair for two (2) yeazs
thereafter in good condition.
* specifies the need to promptly, permanently relocate its facilities or equipment whenever
the Municipality orders such relocation.
* specifies that Minnegasco may be required to install gas service connections prior to
paving or resurfacing, whenever it is apparent that gas service will be required during the
five (5) years following the paving or resurfacing.
* specifies that Minnegasco shall indemnify, keep and hold the Municipality and its elected
o�cials and employees harmless from any and all claims resulting from operation of
Minnegasco's property located in, on, over, under or across public ground of the
Municipality.
800 LaSalle Avenue
P.O. Box 5�J038
Minneapolis, MN 5�
Given that Minnegasco does have this agreement in place, and presuming we have established
a solid reputation for working closely with the city's Public Works department, we're hoping
the Fridley City Council will do two things: �
1) Encourage city staff to continue to work with Minnegasco and the other utilities to ensure
the ordiriance will not place an undo burden on our ability to serve the energy needs of
homes and businesses in Fridley.
2) Encourage city staff to give serious consideration to adding language to the ordinance that
recognizes exceptions and/or exemptions for utilities (like Minnegasco) that have franchise
agreements in place, and a long standing history of providing utility service in Fridley.
Mayor Jorgenson, we understand the importance of working� closely with the city to fmd
workable solutions to complicated and potentially costly issues like this. We've had a number
of productive meetings with Bill Burns, John Flora and Bill Hunt on other issues of concern
to the city, and are confident we will arrive at language in this right-of-way ordinance that
will meet the needs of both Minnegasco and the City of Fridley.
Sincerely,
A1 Swintek
Local Government Relations
321-4799
pc Fridley City Council Members
Mr. Bill Burns, City Manager
Mr. John Flora. Director of Public Works
enc:
��
.:•.�►� « . �
AN ORDINANCE P,DOPTING A NEW CHAPTER 404 ENTITLID 'GAS
FRI�NCHISE" AI�ID REPE'.ALII� OLD CHAPTER 404 OF THE FRIDLEY
CITY �E IN ITS EZ�IRE.TY
An ordinance granting Minnegasco, Inc., a Minnesota corporation, its
sua:essors and assic�s, a nonexclusive franchise to construct� operate, regair
and maintain facilities and equipment for the transportation, distribution,
manufacture and sale of gas enerc� for public and private use and to use the
public ground of the City of Fridley, Minnesota for such purposes; and
prescribing certain terms and conditions thereof.
Zhe Cotmcil of the City of Fridley cbes ordain as follvws:
404.01 DEFINIT�I.S
�e following terms shall mean:
` 1. Canpany.
Minnegasco, Inc., a Miruiesota corporation, its successors and assigns.
2. Gas.
Natural gas, manufactu.red gas, mixture of natural gas and manufactured gas or
other forms of gas enerc�.
3. Mtmicigality, Mimicipal Council, Mtmicipal Qerk.
�ese terms mean respectively, the City of Fridley, the Council of the City of
EYidley and the C1erk of the City of Fridley.
4. Public Gramd.
All streets, alleys, public ways, utility easements and public grounds of the
Miuiicipality as to which it has the right to grant the use of the Ca�any.
404.02 FR�,N�ISE GEI�2ALLY
l. Grant of Franchise.
�here is hereby granted to the Company from the effective date hereof through
Jtuie 30, 2003, the right to import, manufacture, transport, distribute and
sell gas for public and private use in the Municipality, and f or these
purposes to construct, operate, repair and maintain in, on, over, under anc]
across the Public Ground of the Municipality, all facilities and equipment
used in connection therewith, and to do all things which are necessary or
customary in the accomplishment of these objectives, subject to zoning
ordinances, other applicable ordinances, permit procedures, customary
practices, and the pravisions of this franchise.
2. Effective Date; Written Aoceptance.
Zhis franchise shall be in foroe and effect from and after its passage and
publication as required by law, and its acceptance by the Company in writing
f iled with the Mimicipel C1erk within 60 days after publication.
3. Nonexclusive Franchise.
This is not an exclusive franchise.
G
C�
4. Franchise Fee.
�he Cc��any may be required to pay to the Mimicipality, in the mariner and at a
rate prescribed by a separate ordinance, a fee determined by oollections f rom
sales of Gas, but not to exceed 5$ of the Canpany's gross revenues from the
sale of Gas within the M�icipality. S�ch ordinance may be adoPted► amended,
repealed or reacbpted at any time durin9 the te�n► of this franchise. �e fee,
if required, shall be effective 90 days after writte� notice of the ordinance
to the Company. No such fee shall be efyective as to b� lis ra`endebed to
January l, 1984. R�e fee shall be separatel stated on gas
cust4ners within the Mtmicipality.
5. Publication Expense.
�he expense of publication of this Chapter shall be paid bY the ComPany•
6. Default.
If the Cc�*:pany is in default in the performance of ariy material part of this
franchise for more than 90 days af ter receiving written notice from the
Municipality of such default, the Municipal Council may, by ordinance,
terminate all rights granted hereunder to the Canpany. �e notice of def ault
shall be in writing and shall specify the provisions of this f ranchise under
which the default is claimed and state the bases therefor. Such notice sha11
be served on the C,omp�ny by personally delivering it to an offioer thereof at
its principal place of business in Minnesota.
If the Company is in def ault as to any part of this franchise, the
M�micipality may, after reasonable notice to the Company and the failure of
the Co�m�ny to cure the default within a reasonable time► take such action as
may be reasonably necessary to abate the condition caused bY the def ault, and
the Can�ar►y agrees to reimburse the Mimicip3l.ity for all �its reasonable costs
and for its costs of collection, including attorney fees.
Nothing in this section shall bar the Company from challenging the
Municipality's claim that a def ault has occurred. In the event of
disagreement over the existence of a default, the burden of proving the
default shall be on the Mtmicipal.ity.
404.03 OOAIDIT�ONS OF USE
1. Use of Public Ground.
All utility facilities and equipment of the Company shall be located,
canstructed, installed and maintained so as not to endanger or unnecessarily
interfere with the usual and customary traff ic, travel, and use of Public
Ground, and shall be subject to permit oorr3itions of the Municipality. The
permit conditions may prwide for the right of inspection by the 1N�mici�lity,
and the Campany agrees to make its facilities and equipment available f or
inspection at all reasonable times and plaoes.
2. Permit Required.
�e Canpany shall not open or disturb the surfaoe of ariy Public Ground for ariy
purpose without first having obtained a permit from the Municipality, for
which the M�micipality may im�o9e a reasonable fee to be paid by the Company.
�he permit oonditions imposed on the Ca�any shall not be more burdensane than
those im�osed on other utilities for si.milar facililties or work. The mains,
services and other property placed pursuant to such permit shall be located as
shall be designated by the M�mici�xil.ity.
6A
• :
ZYie Ccmpany maY.
without a pezmi
its facilities.
than the second
3 . Restor ati on.
however, open and disturb the surface of any F�ublic Ground
t where an emergency exists requiring the immediate repair of
The Canpany in such event shall request a pern��it not later
working day thereaf ter.
tlpon cc�rpletion of ariy work requiring the opening of any Publir. Ground, the
Ca�any shall restore the same, including paving and its foundations, to as
good condition as formerly, and shall exercise reasonable care ta maintain the
same for two (2) years thereaf ter in good condition. Said work shall be
completed as promptly as weather permits, and if the Company shall not
prom�tly perform and co�nplete the work, renave all dirt, rubbish, equipment
and material, and put the Public Gramd in good condition, the Municipality
shall have the right to put it in good condition at the expense of the
Ccxnpany; and the Canpany shall, upon denand, pay to the M�micipa]�ity the cost
of such work done for or performed by the Municipality, including its
administrative expense and overhead, together �ith ten p�rcent (10$)
additional as liquidated damages. This remedy shall be in addition to any
other renedy available to the MLmici�lity.
4. Relocation of Utility Facilities.
7�e Canpany shall pra�tly, with due regard for seasonal working conditions,
permanently relocate its facilities or equipment whenever the Municipality
orders such relocation. If the relocation is a result of the proper exercise
of the police pawer in grading, regrading, changing the location or shape of
or otherwise im�raving any Public Ground or o�nstructing or reconstructing any
sewer or water system therein, the relocation shall be at the expense of the
Company. If the relocation is not a result of the proper exercise of the
police power, the relocation shall be at the expense of the M�icipality. If
such relocation is c3orye without an agreanent first being made as to who shall
pay the relocation cost, such relocation of the facilities b� the Company
shall not be construed as a waiver of its right to be reimbursed for the
relocation cost. If the Campany claims that it should be reimbursed f or such
relocation costs, it shall notify the Municipality within thirty (30) days
after receipt of such order. The Municipality shall give the Company
reasonable notice of plans requiring such relocation.
Nothing contained in this Subsection shall require the Company �to remove and
replaoe its mains or to cut and reconnect its service pipe running f rom the
main to a customer's preqnises at its own expense where the removal and
replacenent or cutting and reconnecting is made for the purpuse of a more
expeditious operation for the oonstruction or reconstruction of underground
facilities; nor shall anything contained herein relieve any person from
liability arising out of the failure to exercise reasonable care to avoid
d�maging the Canpany's facilities while performing any work .in any Public
Grou¢�d.
5. Relocation When Public Gramd Vacated.
Zhe vacation of ariy Public Ground shall not aperate to deprive the Company of
the right to operate and maintain its facilities therein. U.nless ordered
tmder Section 404.03.4, the Company need not relocate until trie reasonable
oost of relocating and the loss and expense resulting from such relocation are
f irst paid to the Company. When the vacation is for the benef it of the
Municipality in the furtherance of a public purpose, the Company shall
relocate at its vwn expen9e.
6. Street 7mprovenents, Paving or Resurfacing.
Zhe M�mici�lity shall give the Canpany reasonable written notice of plans for
street improvements where paving or resurfacing of a permanent nature is
involved. The notice shall contain the nature and character of the
imprwements, the streets upon which the improvements are to be made, the
extent of the imprwenents and the time when the Mimicipality will start the
work, and, if m4re than one street is involved, the order in which this work
is to proceed. Zhe notice shall be given to the Canpany a suff icient length
of time in advance of the actual commencement of the work, considering
seasonable working conditions, to permit the Company to make any additions,
alterations or repairs to its facilities the Canpany deems necessary.
In cases where streets are at f inal. width and grade, and the M�icipality has
installed undergrotmd sewer and water mains and service connections to the
property line abutting the streets prior to a permanent paving or resurf acing
of such streets, and the Company's main is located under such street, the
Can�ny ir�ay i�e required to install gas service �o:�,-�ections prior to such
paving or resurfacing, whenever it is apparent that gas service will be
required during the five (5} years following the paving or resur�acing.
404 .04 Il�IDIIrIIdZFICATIO�N
Zhe Canpany shall indemnify, keep and hold the Municipality, its elected
officials, offivers, emplayees, and agents free and harmless fram any and all
claims and actions on account of injury or death of persons or damage to
property occasioned by the construction, maintenance, repairr removal, or
operation of the Canpany's property located in, on, wer, �der, or across the
Public Ground of the Mimicipality, �uzless such injury or da¢nage is the result
of the negligence of the Municipality, its elected officials, employees,
offioers, or agents. The Mimicipality shall not be entitled to reimbursement
for its costs incurred prior to notif ication to the Comgany of claims or
actions and a_reasonable opport�nity for the Canpany to accept and undertake
the defense.
If a claim or action shall be brought against the Municipality under
circtunstances where i�if ication applies, the Compar�y� at its sole oost and
expense, shall defend the Municipality if written notice of the claim or
action is proc�tly given to the Ca�ny within a period wherein the Canpany is
not•prejudiced by lack of such notice. The Company shall have complete
oontrol of such claim or action, but it may not settle without the consent of
the M�micipality, which shall not be tmreasonably withheld. This section is
not, as to third parties, a waiver of any defense or immunity otherwise
available to the Mimicipality, and the Company in defending any action on
behalf of the Municipality shall be entitled to assert every defense or
inmimity that the Mtmicipality oould assert in its vwn behalf.
404.05 ASSIGN�I�
�e Company, upon notice to the Municipality, shall have the right and
authority to assi� all rights conferred upon it by this franchise to any
person. Zhe assic�ee of such rights, by accepting such assignment, shall
becane subject to the terms and pravisions of this franchise.
404.06 (�ANGE IN FOiiM OF DOVEE2I3�TP
Arry change in the form of gwerr�t of the Mimicipality shall not affect the
validity of this franchise. Any govermnental �it sucveeding the Mimicipality
shall, without the consent of the Campariy, autcmatically succeed, to all of the
6C
f
rights and obligations of the M�micipality prwided in this franchise.
404.07 5'�VERABILITY
If any portion of this franchise is found to be invalid for any reason
whatsoever, the validity of the rest af this franchise shall nat be affected.
404.08 I�ATICFS
Any notice requi.red by this franchise shall be sufficient if, in the case of
notioe to the Ca�any, it is delivered to Minnegasco, Inc., attention Vice
President, Minnesota Operations, 201 South Seventh Street, Minneapolis,
Minnesota 55402, and, in the case of the Municipality, it is dFlivered to:
City Manager
6431 University Avenue N.E.
Fridley, 1�AT 55432
.
' � ' � � �� � �.�: � `IJ� �t«�+�,��
This franchise superoedes all previous franchises granted to the Company or
its predeoessors.
PASSF.D AtID ADOPI� BY R� QTY OF FRID�EY �I.S 3RD � OF OCTOBER , 1983.
ATI�ST:
S�'Y C. IAIl�+fAN - CITY CI,IItR
Public eearing:
First Reading:
Seoond Reading:
Publish:
REL33/0/3/1
SQn�ember 26. 1q83
September 26, 1983
October 3, 1983
n�*nher 12, 1;83
WILLIAM J. I�E - MAYGIit
� �
i
(0t8eld PrbIlc�Wn)
EXHIBIT 1
OFFICIAL TiTLE AND 6UMMARY
ORDINANCE N0. 767
I. TiTLE
AN ORDINANCE ADOPTING A
NEW CHAPTER �0� ENTITLED
"GAS FRANCAISE" AND RE-
PEALING OLD CHAPTER �W OF
THE FRIDLEY CITY CODE [N ITS
ENTIRETY, THEREBY GRANT-
ING MINNEGASCO, INC.. A MIN-
NESOTA CORPORATION, ITS SOC-
CESSORS AND ASSIGN3, A NON-
SUN EXCLUSIVE FRANCHISE TO CON-
STAUCT, OPERATE. REPAIR AND
MA(NTAIN FACjLtTtE9 AND
EQUIPMENT FOR THE TRANS-
PORTATION, DISTRIBUTiON,
NE�'SPAPERS PS VATE USE ANDN O U� ETHE
PUSL(C GROUND OF THB CITY
OF FRIDLfiY. MINNE80TA FOR
AFFIDAVIT OF PUBLICATION sU�H PURP08E8; AND PRB-
SCRIBING CERTAIN TBRMS AND
CONDITIONB THER60F.
tI. BUMMARY
THE COUNCIL OF THE CITY OF
F RI D LE Y S iT N FRIDLEY, MINNESOTA ORDAINS:
That the tolioMin� tnmmary tAail
clearly Intorm tAe pubifc o[ Ne Intent
and ettect of the Ordiaaace and �hall
be published in t6e o(tiC(al newspaper
otehe Clty.
A. GENERAL PROYISIONS.
1. The lreachfae b`raated to the
5211 Central Ave. N.E. Fridle Minnesot companytraatheJune�o,soos.
i+ Z The Company miy be rcqulred
by separate ord[nance to pay to tde
City of Fridley a tee not to exceeA S96
of the Company's �rwa rereauea
[rom aa wles wiWn tlie City.
State of Minnesota 3. I�the Company defaules In per-
[orming any materfal part ot the
CiOUttt�/ Of E"�@M@pi�l franchlu[ormorcthan9odaytaGer
writtea notltication by Ne City of
FNdley of the detault, the City Coun-
c0 may terminate all rigdq;ranted
to the Company or cure the de[aWt
witfi costa reimbureable by tde Com-
any.
D. K. MORTENSON, bein dul sworn, on oath sa s he is and durin ail times here stated has been th� • CONDITIONS OF USE.
8 Y Y S 1. The Company's tacUttte� �hall
vice president and general manager ot the newspaper know as The Columbia Heights-St. Anthony Sw not eadaa er-or unneceesarity in-
and has tull knowiedge ot the tacts herein stated as tollows: (1) Said newspaper is printed in the Englisl �ertere wlt�i ehe uwal w[tic and rse
language in news a er tormat and in column and sheet form equivalent in printed space to at least 90 ot the pubUc ero�wds.�
P P • 2. The Com aar i� reqnired to ob-
square inches. (2) Said newspaper is weekly and is distributed at least once every week. (3) Sai� caln a permie rrom the Cit7 ot Fridley
newspaper has 50% ot its news columns devoted to news ot local interest to the communit;y which i betore dSstarbin` any pubile �rwad
purports to serve and does not wholly duplicate any other pubiication and is not made up f�ntirely o'urtace, naless aa emerjency e:Lts
requfrin` repair ot tacWtles.
patents, plate matter and advertisements. (4) Said newspaper is circulated in and near th �. The Company sAali rMoro aoy
municipalities which it purports to serve. has at least S00 copies regularly delivered to payin vublic srouad to fts tormerrnedlefoe,
subscribers, has an avera e o[ at least 75% o( its total circulation aid or no more than three months i or othen.be pay the Citr ot Fddley
8 P tor the co�t ot the work, admlals-
arrears and haa entry as second-class matter in its local post-otfice (5) Said newpaper purports to serv trauve e:peosa and loR Iiquldated
the City ot Columbia Heights and Hilltop in Anoka County, and St. Anthony in Hennepin and Ramse dame a.
counties, and tt has its known o[[ice ot issue in the Cit o[ Fridle �n Anoka Count establisheci and ope 4. T�e Company shall nlocate its
Y Y Y. facllitiea �v6enerer the City ot
during its regular business hours tor the gathering o[ news, sales of advertisements and sale < Fridtey oMera w aad will incur the
subscriptions and maintained by the managing otticer ot said newspaper or persons in its einploy an expeeae it retocadoe h the result ot
subject to his direction and control durin ali such regular business hours and devoted exclusively durin �he proper exercise d polfce pov►er.
g S. Vacation of any pnblic �round
such regular business hours to the business ot the newspaper and business related thereta. (6) Sai shall nM deprive tAe Companr ot ehe
newspaper tiles a capy ot each issue immediately with the State Historical Society. (7) Said newspapE �sht to operate tacFikia thereon.
is made avaflable at sin le or subscri tion rices to an The Companr �daU na rciocate mtll
g p p y person, corporation, partnership or othc �e C►ty o! Fridley wysdes reasao-
unincorporated association requesting the newspaper and making the applicabte payment. (e) Sai ableezpeoaesandcos4otrelocatlon.
newspaper has complied with all [oregoing conditions tor at least one year preceding the day or dates � s• TAe Cky of Fr►d1e� �lwil •�lre
publication mentioned below. (4) SaEd ne�vs s er has tiled with the Sec: etar ol State of Minnfrsota �i� reawoebte wrlaen ootice to theCom-
P P Y P any o[ etreec Im �ement plans.
to January 1, 1966 and each January 1 thereatter an af(idavit in the torm prescribed by the Secretary ��. OTHER PRO�SIONS. •
State and signed by the managing of[icer ot said newspaper and sworn to before a notary pubtic statin i. The Com ny �hall mdamnuy
that the newspaper is a legal newspaper. otticiaiad s�nd�mpol yee��iirmlii
He (urther states on oath th�t the printed__— OZ'dlIIdACe No . 787
hereto .ut:iched a. a p:irt hereo[ was cut from thi• culumns of said newspaper. ;md w�;is prinli
and published therein in the English language, once each week, [or0 ri e �uccessive week:
that it was tirst so published on W ed the � 2 day ot 0 c t o b e r 19_ 8 3
and was therea(ter printed and pubiished on every to and includir
the day ot , 19 and that the (ollowing is a printed coE
ot the lower case alphabet trom A to Z, both inclusive. and is hereby acknowledged as being t:he size ar
kind oI type used in the composition and publication ot said notice, to wit:
� abcdefghiJklmnopqrs W vwxyz
/ � / �
(rom clafms on account d penons'
inJn�ia or death or dsm��e to prop-
erty caused by the Compa�'s opera-
tions unlear �uch occurrence is dae W
the Ctty'a, lts o[[Icials' or itr employ-
ee�' oe;li�entt. The Company �6aU
detend the C►tr ot Fridley a�ain�tt a�ny
c1a1m or actfon tor which tM
N[(cadon applfes. '
2y. The Compeoy. vpon notice b the
eli�Ef oC11I!! Nihis t�Oynp�enpiflan
J. Chao`es in the City o[ Frldle� s
`overoment �6a11 not at[ect tdla
[ranchise'e raUdity.
IIL NOTICE ��
TAta 1Yde and Snmmarr Aa� been
pubtlshed ta ciearly Intorm t6epn bllc
o[ the Intent and e(tect ot the Citr o[
Frldler Gaa Franchlse ChaDter. A
capy at tAe OMlnance, in lU eoUroty,
Is evaitable [or InspecUon by anY
pereon dnrint ngular o[tice hours at
the o[lice ot the Cfty Clert and at !he
Mrota Cwnty Llbrary.
PA3SED AND ADOPTED BY THE
CITY COUNCIL OF THE CITY OF
FRIDLEY THIS sAD DAY OF OC-
TOBER, liQ�.
t9ILLIAEd J. NEE
A1"f ES'f : Mayor
SIDNEY C. INMAN
CttY Chrk �
Pabtic Hearin�: September sb. lfe,t
Ftrst Readina: ember 26, lYp
Second ReadiA`: r s, !f�
PublisA: October 12, lfl�
- (Oct. li. lYe1)-FRID =
� . ,
.
1, '
�
ACCEPTANCE OF ORDINANCE
WHEREAS, at a regular meeting of the City Council of the
City of Fridley, held on October 3, 1983, a franchise ordinance
entitled
ORDINANCE NO. 787
was duly passed by the City Council; and
WHEREAS,- said franchise ordinance was duly approved by
William J. Nee, Mayor of the City of Fridley, on October 3, 1983,
and was duly published in "Fridley Sun," the official newspaper
of the City of Fridley, on October 12, 1983; and
WHEREAS, Section 404.02(2) of said franchise ordinance
provides:
"Effective Date; Written Acceptance. This franchise
shall be in force and effect from and after its passage and
publication as required by law, and its acceptance by the
Company in writing filed with the Municipal Clerk within 60
days after publication."
and
WHEREAS, it is the purpose of this instrument to effect a due
and sufficient acceptance of said franchise ordinance by
Minnegasco, Inc.
NOW, TFiEREFORE, Minnegasco, Inc., for itself, its successors
and assigns, accepts said franchise ordinance upon the terms and
conditions contained therein.
Executed November 16, I983
MINNE CO, -.INC. �
/' : _
,� / �; ',;
i ;
bY tiz � ; ,,� _ -
An rew . Olson, Vice Presi ent-
Operations
and by � �
N.C. epse , retary
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
On November 16, 1983, before me, a Notary Public within and
for said county, personally appeared Andrew C. Olson and N. C.
Jepsen, to me personally known, who being each by me duly sworn,
did say that they are respectively the Vice President-Operations
and Secretary of Minnegasco, Inc., the corporation named in the
foregoing instrument, and that said instrument was signed in
behalf of said corporation by authority of its Board of
Directors; and said Andrew C. Olson and N. C. Jepsen acknowledged
said instrument to be the free act and deed of said corporation.
�,- � '
`� , /_:-- . ,
,.� �, J _ � �;� � c;/_ �ll<<; � 3%it-'_
Notary Public
3/�NJ�.M/'✓�1`J�NJ�N✓W'J�l���M/1,'a'�A.L� �,.'ti::
�`' ;��.� !'�r�-;�c�.a �. �.�;��rr��:�, �
:_-�-.,,� r:�r.aSY P.s��c-r����,�:.sc�a �
� :,-:/� Hti�P•i�Pii< C� ui'ii'! �
?
hiy r,.mo;:ssion E;nires C�.. 3Q 1950 ,
Kwvv� :^r.^: �tivw^�nnn�'v�Mivw�r,r✓v`.^��
(Notarial Seal)
The above acceptance was duly filed with the City of Fridley
in the office of the City Clerk on •%�,el�.�-e��,.z�..-��i.�/�, /-r'/��
,;
� Li2-Ec.� /- C� � � c---� c
�f City Clerk
�ity df Fridley, Minnesota
�