12/07/1998 - 4838OFFICiAL CITY COUNCIL AGENDA
COUNCIL MEETING
DECEMBER 7, 1998
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FRIDLEY CITY COIINCIL MEETING
ATTENDENCE SHEET
Mancfay, Decembe�c. 7, 1998
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
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ITEM
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� FRIDLEY CITY COUNCIL MEETING OF
cmroF DECEM6ER 7, 1998
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. (T"TD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Presentation to Mrs. Fridley International 1999
APPROVAL OF MINUTES:
City Council Meeting of November 23, 1998
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Approve Agreements for Administrative
Services between the City of Fridley and
the Center for Energy and Environment,
Inc. for the Years 1996, 1997 and
1998 ...................................................................................... 1.01 - 1.02
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FRIDLEY CITY COUNCIL MEETING �F DECFMRFR 7 �Qqst oe�� �
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APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED�
Approve an Amendment to the
Agreement Between the City of
Fridley and Northern States Power
Company for Fluorescent Lamp
Recycling....................................................................................... 2.01 - 2.03
Approve an Amendment to the
Agreement Between the City of
Fridley and J.R.'s Appliance '
Disposal, Inc. for Appliance
Recycling....................................................................................... 3.01 - 3.02
Motion to Approve Specifications and
Request for Proposal for Curbside Recycling
Services....................................................................................... 4.01 - 4.20
�. Approve 1999 GIS Range Rider
Contract between the City of Fridley
andPlanSight, LLC ......................................................................... 5.01 - 5.10
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 1998 I�
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The City of Fridley will not discriminate against or hazass 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. Heazing impaired persons who
need an interpreter or cther- gerso^s w:th disa'�:.ities whc :�quire auxiliary u:ds shcul4 �onta�� P.obe:ta C�:tins at 572-3500 at
least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Presentation io Mrs. Frid/ey lntemationa/1999
APPROVAL OF MINUTES:
City Council Meeting of November 23, 1998
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APPROVAL OF PROPOSED CONSENT AGENDA:
NE`11! BUSlNESS:
Approve Agreements for Administrative
Services between the City of Fridley and
the Center for Energy and Environment,
Inc. for the Years 1996, 1997 and
1998 .................................. 1.01 -1.02
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Approve an Amendment to the
Agreement Between the City of
Fridley and Northern States Power
Company for Fluorescent Lamp
Recycling ................................... 2.01 - 2.03
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APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDI:
Approve an Amendment to the
Agreement Between the City of
Fridley and J.R.'s Appiiance
Disposal, Inc. for Appliance
Recycling ...........................
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........ 3.01 - 3.02
Motion to Approve Specifications and
Request for Proposal for Curbside Recycling
Services ................................... 4.01 - 4.20
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Appro��e 1999 GIS !?�r.ge Ride�
Contract between the City of Fridley
and PlanSight, LLC ......................... 5.01 - 5.10
Approve Agreement between the City
of Fridley and the Minnesota Department �
of Public Safety, Fire Marshal Division,
for Fire Code Compliance Inspections of
Hotels and Motels within the City of
Fridley ................................... 6.01 - 6.06
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 1998
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED): (�, ,�'p
KJ� `i I d�
Resolution Estabiishing a Youth Advisorv ����
Council and Determining Its Membership,
Officers, Meetings and Duties ......... 7.01 - 7.05
Resolution Authorizing Execution of �
Agreement Between the City of Fridley
and the Minnesota Department of
Public Safety to Obtain Two Automated
External Defibrillators ...... ............... 8.01 - 8.02
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Resolution Extending the Term �,.�' /�
of the Southern Anoka County � U�
Community Consortium Joint
Powers Agreement ......................... 9.01 - 9.23
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Resolution Authorizing an Increase in � ��
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Compensation for Select Female
Employees in Regards to Pay Equity
Compliance ............ .... .......... 10.01 -10.02
Resolution Authorizing the Signing of y�2
an Em lo ment A reement Between �
p Y 9 � !�G`
Police Officers and the City of
Fridley ........................... 11.01 -11.26
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Claims ...................................12.01
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Licenses
Estimates
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...................................13.01 - 13.03
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ADOPTION OF AGENDA:
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OPEN FORUM, VISITORS:
.. 14.01
Consideration of Items Not on Agenda (95 minutes).
PUBLIC HEARING:
1999 City of Fridley Budget ...................15.01 - 15.03
NEW BUSINESS:
Informal Status Reports .................
ADJOURN.
16.01
FRIDLEY CITY CDUNCIL MEETING OF DECEMBER 7, 1998 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS �CONTINUEDI:
Approve Agreement befinreen the City
of Fridley and the Minnesota Department
of Public Safety, Fire Marshal Division,
for Fire Code Compliance Inspections of
Hotels and Motels within the City of Fridley ..................................... 6.01 - 6.06
Resolution Establishing a Youth Advisory �
Council and Determining Its Membership,
Officers, Meetings and Duties ......................................................... 7.01 - 7.05
Resolution Authorizing Execution of
Agreement Between the City of Fridley
and the Minnesota Department of
Public Safety to Obtain Two Automated
External Defibrillators .................................................:.................... 8.01 - 8.02
Resolution Extending the Term of the
Southern Anoka Counfiy Community
Consortium Joint Powers Agreement ............................................. 9.01 - 9.23
Resolution Authorizing an Increase in
Compensation for Select Female
Employees in Regards to Pay. Equity
Compliance..................................................................................... 10.01 - 10.02
FRIDLEY CITY COUNCIL MEETING nF nF��MR�Q � �QQR �A�C A
APPROVAL OF PROPOSED CONSENT AGENDA•
NEW BUSINESS (CONTINUED)•
Resolution Authorizing the Signing of
an Employment Agreement Between
Police Officers and the City of Fridley ....:........................................ 11.01 - 11.26
Claims....................................................................................... 12.01
Licenses....................................................................................... 13.01 - 13.03
Estimates....................................................................................... 14.01
ADOPTION OF AGENDA:
OPEN FORUM. VISITORS:
Consideration of Items Not on Agenda (15 minutes).
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 1998 PAGE 5
PUBLIC HEARING:
1999 City of Fridley Budget .................................................................. 15.01 - 15.03
NEW BUSINESS:
Informal Status Reports ....................................................................... 16.01
ADJOURN.
THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF
NOVEMBER 23, 1998
THE MINUTES OF THE FRIDL•EY CITY COUNCIL OF NOVEMBER 23, 1998
The Regular Meeting of the Fizdley City Council was called to order by Acting Mayor
Barnette at 7:30 p.m.
PLEDGE OF ALLEGIANCE:
Councilmember Baxnette led the City Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL:
Members present: Councilmember Barnette, Councilmember Billings, and
Councilmember Bolkcom.
Members absent: Mayor Jorgenson and Councilmember Schneider
APPROVAL OF MINUTES:
Council meeting of November 9, 1998:
MOTION by Councilinember Bolkcom to approve the minutes of the November 9, 1998
City Council Meeting as presentec� in wilting. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM
BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY.
APPROVAL OF CONSENT AGENDA:
OLD BUSINESS:
1. RESOLUTION NO. 91-1998 ADOPTING ASSESSMENT FOR
HACKMANN AVENUE/HACKMANN CIRCLE IMPROVEMENT
PROJECT NO ST 1998-1 (TABLED NOVEMBER 9,1998):
Mr. Burns, City Manager, explained that the City is proposing to assess 59
property owners amounts that range fiom $8G2.50 to $2,357 for the Hackmann
Avenue/Hackmann Circle street improvements that were completed this year.
The total project cost is $393,026.85, of which $58,753.50 is being assessed to
property owners. The assessment is limited to the cost of $11.50 per front foot
fox concrete curb and gutter.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23 1998 PAGE 2
Mr. Burns noted that in response to dxzveway-related issues raised by residents
of six propex•ties in the area, staff recently completed additional improvements to
these properrties, which they believe correct the problems raised by residents in
the area. The Public Works Engineeiing staff indicated that they have talked
with residents and that they are satisfied with the adjustments made. The
assessments will be certified for a peizod of ten years at an interest rate of 6.5
percent.
APPROVED RESOLUTION NO. 91-1998 ADOPTING ASSESSMENT
FOR HACKMANN AVENUE/HACKMANN CIRCLE IMPROVEMENT
PROJECT NO. ST. 1998-1.
2. APPROVAL OF CHANGE ORDER NO. 2 FOR FRIDLEY COMMUNITY
CENTER PROJECT NO. �19 (TABLED NOVEMBER 9, 1998Z
1V�. Burns, City Manager, inclicated that at the last City Council meeting,
questions were raised about the cutting of the conduit at the time the concrete
was removed foY� construction of the dance floor/aerobics area. Jack Kirk,
Recreation and Natui•al Resources Director, spoke with the architect and the
City's Chief Builcling Official in rega�.�d to this matter. Their response was that
there was no way of knowing that the City would be removing the subject section
of concrete at the time it was ox�ginally poured. When the section of concrete
was removed to build the dance floor/aerobics area, there was no way to remove
the concrete without cutting the conduit. Thex�efore, staff felt the change order
was justified and recommended Council's approval. The total cost of the change
order is $4,447 and, upon approval, will be made payable to Crawford-Merz
Construction Company.
APPROVED CHANGE ORDER NO. 2 FOR FRIDLEY COMMUNITY
CENTER PROJECT NO. 319.
NEW BUSINESS:
3. APPROVE CHANGE ORDER NO. 2 FOR 57TH AVENUE
RECONSTRUCTION PRO.JECT NO. ST. 1997-4:
Mr. Burns, City Manager, explained that this change order was a deduct in the
amount of $1,390.17. The amount covers the cost of an additional loop detector
that is the responsibility of MnDOT rather than the City.
APPROVED CHANGE ORDER NO. 2 FOR 57TH AVENUE
RECONSTRUCTION PROJECT NO. ST. 1997-4.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23. 1998 PAGE 3
4. CONSIDER,ATION OF RESOLUTION NO. 92-1998 IN SUPPORT OF AN
APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE
PERMIT FOR TOTINO-GRACE HIGH SCHOOL AT SPIKERS GRILLE
AND BEACH CLUB NVARD 2):
Mr. Burns, City Manager, noted that this would be the second lawful gambling
permit for Totino-Grace High School. Staff was satisfied that they spent more
than fifty percent of their proceeds in the Fildley trade area from their existing
location. The Fridley Police Department has no objection to their operations.
APPROVED RESOLUTION NO. 92-1998 IN SUPPORT OF AN
APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE
PERMIT FOR TOTINO-GRACE HIGH S�HOOL AT SPIKERS GRILLE
AND BEACH CLUB.
5. RESOLUTION NO. 93-1998 AUTHORIZING AN INCREASE IN
COMPENSATION AND CHANGES IN CERTAIN BENEFITS FOR THE
1999 CALENDAR YEAR:
Mr. Burns, City Manager, eYplained that this authorization would include a
three pe�rcent increase in salailes, a three percent increase in auto allowances,
and recognition of a new mileage reimbursement rate of 32 cents per mile. It
would also provide for increases in the City's portion of employee health
insurance costs from the cuY7�ent i•ate of $345 per month to $378 per month for
dependent coverage. It would provide proportionately sunilax increases in single
health insurance coverage as well as in the City's cash option to health
insurance coverage. It would also increase the ceiling on employee tuition
reimbursement fiom $2,250 per year to $2,975 per year. Additionally, it would
change the employee vacation sellback allowance fiom three days after seven
years to five days aftei five years.
Mr. Burns noted that staff believed these changes were consistent with salary
and benefit changes in compax�able cities and that they ar�e necessary for Fildley
to be competitive in today's labor market.
APPROVED RESOLUTION NO. 93-1998, AUTHORIZING AN INCREASE
IN COMPENSATION AND CHANGES IN CERTAIN BENEFITS FOR
THE 1999 CALENDAR 1'EAR.
6. RESOLUTION NO. 94-1998 DIRECTING THE DESIGN FOR
RIVERVIEW TERRACE NORTH OF 79TH WAY:
1VIz. Burns, City Manager, explained that this resolution was responsive to
conceins of the City's Engineeizng staff that they might be held personally liable
for the design of Riveiview Tei�ace below recommended design standards. The
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23 1998 PAGE 4
resolution recognizes Council's belief that widening of Riverview Texzace beyond
20 feet in width would have an adverse effect on the environment and traffic
patterns of R.ivezview Ter�xace residents. It also establishes that signage shall be
placed along the reconstructed roadway in a manner that alerts motorists, bikers
and pedestYlans to the naizowness of the street. It directs staff to design the
street at an overall width of 20 feet fiom face of curb to face of curb. �
THIS ITEM �VAS REMOVED FROM THE CONSENT AGENDA AND
PLACED ON THE REGULAR COUNCIL AGENDA, UNDER NEW
BUSINESS IMMEDIATELY FOLLOWING ITEM 11.
7. CLAIMS:
APPROVED PAYMENT OF CLAIM NOS. 83995-84310.
8. LICENSES:
APPROVED LICENSES AS SUBMITTED.
9. ESTIMATES:
APPROVED ESTIMATES AS FOLLOWS:
Ron Kassa Construction
G005 250th Street East
Elko, MN 55020
1998 Miscellaneous Concrete Curb and
Gutter and Sidewalk Project No. 315
FINAL ESTIMATE: $11,576.02
Mr. A1 Stahlberg, 8055 Riveiview Terrace, stated that there had been discussion
in the Riveiview Heights neighborhood as to what was actually agzeed upon at
the neighbox•hood meetings which were held to discuss this issue. He believed
most of the residents wished to have it remain "as is." He believed that his street
was eighteen feet wide. With the new road proposed at 20 feet, he did not
believe that the residents were being listened to.
Councilmembez• Bolkcom e�plained that the width of the street vaxles fiom 16
feet to 21 feet. She had not heax•d many objections to the new proposed width,
and most seemed pleased that new concrete curb and gutter would be installed.
In recognition of the number of residents present regarding the Riverview
Heights improvements, Councilmembei� Billings asked that Item 6 be removed
fiom the consent agenda.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 1998 PAGE 5
MOTION by Councilmember Billings to approve the consent agenda without
Item 6. Seconded by Councilmembex Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, ACTING MAYOR
BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY.
Acting Mayor Barnette suggested that Ttem 6 be placed under New Business,
immediately following Item 1 l.
ADOPTION OF AGENDA:
MOTION by Councilmember Billings to approve the adoption of the agenda, AS
AMENDED to include Item G from the Consent Agenda immecliately following Item 11.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM
BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
Mayor Pro Tem Barnette noted that this was the time reseived for residents to adcixess
the Council on items that are not on the agenda.
There were no questions or comments fi•om the public.
NEW BUSINESS:
10. RESOLUTION NO 95-1998 ORDERING FRELIMINARY PLANS,
SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF:
STREET IMPROVEMENT PRO.JECT NO. ST. 1999-1:
Mr. Flora, Director• of Public Wor•ks, explained that aftex the number of ineetings that
staff has had with i�esidents in the Riverview Heights area, the results of the
discussions were to rebuild the lower sections of Faiumont Street, Ely Street, Dover
Street, Cheryl Street and Buffalo Street, Broad Avenue and 79th Way, to improve
Riveiview Terrace from Ironton to 79th Way at a width of Y8 feet with concrete curb
and gutter, to acquix•e the properties in the lower section of 79th Way and Rivexview
Terrace for a storm water detention facility, to design a Flood Control Structure at the
intersection of Spizngbrook Creek and 79th Way, and to include storm water and
sanitaxy sewer problems associated with the streets in the entire neighborhood in the
construction pi•oject.
1VIi. Flora explained that the City policy for assessments on the concrete curb and
gutter project is not to exceed $14.00 per fi•ont foot. On the storm water, the City's
policy will be to assess the amount of $1,000 per property. Properties that have had a
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23 1998 PAGE 6
previous storm water project assessment will have a credit toward this assessment.
The assessments will be collected over a fifteen-year pexlod at an interest rate of 6.5
percent to 7 percent.
Mr. Flora e�lained the approval process for this type of project. After Council has
approved the preliminaty plans, staff would be dix�ected to obtain final plans and cost
figures. A public heazing would then be held (likely in March 1999) and the City would
advertise for bids. A bid would be awarded with a beginning construction date likely in
May. The assessment heaiing would be held in October of 1999. Residents would then
be given the opportunity to pay for the assessments without interest or to pay them
over a pexzod of time at a"yet to be detexmined" interest rate.
Councilmember Bolkcoin stated that x•esidents have indicated many times that they do
not want to destroy the scenic areas. She asked that Mr. Flora provide infoimation
with regard to plans on the cuive of 79th Way and Riveiview Tei7ace.
Mr. Flora stated that the City is pi•oposing to acquire the parcels between Buffalo
Street and 79th Way. In that process, the City would improve 79th Way and to provide
for an obstruction to the Mississippi River• flooding back into the neighborhood and
provide a 30 m.p.h. cuive as a transition fi•om 79th Way to R.ivezview Terrace. A
detention pond would then be pi•ovided to sexvice all of the storm waters in the area.
Additionally, a flood control structui•e would be constructed on the south side of 79th
Way, which could close a gate to stop the creek fi•om going into the izver and the ilver
from backing up into the creek to prevent the area from backflooding north of 79th
Way. The flood control structure would include a concrete platform adjacent to the road
where pumps and generators could be placed in the event they are neec�ed for flood
control.
Councilmember Bolkcom asked if all the tz•ees and natural area would be lost between
79th Way and Buffalo Street. Mr. Flora stated that, yes, most would be removed in
order to provide the proper depth for the stoxm water.
Darlene Brady, G41 Buffalo Street, stated that her property would be extremely
affected by the proposal. She felt the flood control structure would be obstructive and
very visible. Part of the attraction to the area is the natural aesthetics, which she felt,
would be lost. She clid not think that the neighbors would want the cuive
reconsti•ucted. The corner now in e�:istence actually slows the tra�c in the area.
Councilmember Bolkcom noted that as cars go around the cuYVe, they often end up in
the other traffic lane. If this road is to continue serving as a two-way street, something
would need to be c�one in the area.
Ms. Brady stated that she does not want the streets widened in the area. She felt that
it was also the feeling of other residents in the area. Mr. Flora noted that most of the
other streets axe 30 feet wide now.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23 1998 PAGE 7
Ms. Brady noted that the proposed changes in the road would have a big impact on her
propexty. Her home was likely there before the street was ever put in. She wondered if
there was any way the street could be angled so that her proper.�ty was not encroached
on. Councilmember Bolkcom and Mr. Flora stated that her request could be
investigated.
Lee Arrnan 8125 Riveiview Tex�ace, stated it was his understanding that the streets
were being considered for reconstruction only in conjunction with any repairs necessar.y
on the stoim/sanitaxy sewer systems. He stated he was told that the current storm
sewer is not sufficient; however he has not seen any evidence of that. He asked why
the concrete curb and gutter cost for 57th Avenue ended up being less than what is
being estimated for their assessments. Mr. Flora noted that there were several factors,
which deteimine cost, such as quantity and the time of the year.
Mx. Arman asked if the assessed cost of $1,000 is per lot or per property. He has three
contiguous properties, which currently have different PIN numbers and are taxed
separately. 1VIr. Flora noted that the $1,000 assessment is per property PIN number.
1VIi. Axman asked if a safety fence would sui�•ound the retention pond. Mr. Flora noted
that this is a"detention pond" rather than a"retention pond." Under normal
circumstances, there would be little if any water in the area.
Mr. Arman stated that he also would like to see the ax�ea retain its natural appeal.
Garland Lagesse, 7951 Broad Avenue N.E., asked if changes could be made to the
plans once they are drawn up. Councilmembex: Bi]lings noted that some changes can
be made without di�`iculty. However, the puipose of the neighborhood meetings were
to obtain input from the residents as to what they wanted. He proceeded to outline the
proposed improvements for the area. He noted that the residents on R.iveiview Terrace
indicated that they did not want the street widened. The proposal calls for a 20-foot
roadway fi•om face of curb to face of curb; this width is less than the width desired by
the police and fire departments; however in lieu of the resident's requests, they are
asl:ing that it be kept at 20 feet.
Mr. Lagesse stated that he was also concerned about the aesthetic aspects of the area.
He asked if the cuzve could be widened, but designed in such a way as to keep the
tra�c speed below 30 m.p.h.
Councilmember Bolkcom noted that Council and staff did not want to increase the
traffic speed. They are merely attempting to increase the safety in the neighborhood.
Mr. Lagesse asked if the puipose of the stoim sewer improvements was to comply with
DNR or State/Federal mandates on water quality issues. If so, he felt they should be
paying for these improvements. Mr. Flora stated the reason for such improvements
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 1998 PAGE 8
was to biing this particular.• area of the City up to the same standards as the rest of the
City.
Councilmember Bolkcom noted that it would not make sense to make street
improvements without completing the stoxm sewer at the same time.
Mark Anderson, 8310 Broad Avenue N.E., asked if there was anything in the plans,
which could not be adclressed at this time. Mr. Flora stated there was not. He asked if
a stop sign could be put in rathex• than widening the road at the cuzve on 79th Way.
He felt that would prevent dxlvers from going into the opposite lane. Mr. Flora
e�lained that there would need to be a reason for a stop sign or the public would not
adhere to it.
Mz•. Anderson stated that he opposed widening between Broad Avenue and Kimball
and Lafayette Streets. The road onl_y sexves thz•ee residents at this time. He felt that if
a twenty foot wide road was sufficient for Riveiview Terrace, it was certainly sufficient
far� that area as well.
Steve Brown, 8330 Broad Avenue N.E., stated that his property was one that was
anneYed. At that time a bikeway �vas put in, and he understood that the intent was to
continue the bikeway. If this street was widened, it would create a px•oblem with the
bikeway. He would also prefer to see a stop sign put in instead of the road being
widened.
Debra Strand, 590 Hugo Street N.E.> stated that she clid not wish to see a stop sign put
in. TheY•e ar•e other areas where signs are needed in the City before this area. She
thanked Council fox• afforcling the public the opportunity to provide input.
Ben Butzer, 8095 Rivexview Terrace, stated that he was in favor of the improvements.
He stated he hoped that a landscape consultant could be hi�ed to provide input as to
the aesthetic elements of the project.
Ms. Brady asked if the City could keep some of the natural trees around the four
propei•ties on the corner of i 9th Way and Buffalo. This would be evaluated after the
plans are completed. Ms. Brady also asked if the concrete pad could be fenced to
pi•ovide an obseivation deck, which would be mor�e aesthetical.ly pleasing.
There were no fiirther questions or comments.
MOTION by Councilmember Bolkcom to approve Resolution Na 95-1998, Ordex�ng
Preliminary Plans, Specifications and Estimates of the Costs Thexeof fox Street
Impi•ovement Pr�oject No. ST 1999-1. Seconded by Councilmember Billings.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23 1998 PAGE 9
Councilmember Billings explained that this resolution would give Mr. Flora the
authoilty and direction to begin clrawing up the final plans and specifications for the
project.
Councilmember Bolkcom asked if the public would be able to view the plans and
specifications should they desire. NIr. Flora stated the plans would likely be completed
by March and that they would be available for review.
UPON A VOICE VOTE, ALL NiEMBERS VOTING AYE, MAYOR PRO TEM
BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY.
11. RESOLUTION NO. 96-1998 RECEIVING THE PRELIMINARY REPORT
AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF
CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET
IMPROVEMENT PROJECT NO. ST. 1999-1:
Mr. Flora noted that this resolution would authoizze them to set a date for a public
heaYing on the ��roposed improvements. All residents in the affected area would be
notified of the public heax�ng.
MOTION by Councilmember Bolkcom to approve Resolution No. 96-1998, Receiving
the Preliminary Report and Calling for a Public Heaxzng on the Matter of Construction
of Certain Improvements: Street Impx�ovement Project No. ST 1999-1. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM
BARNETTE DECLARED THE 1VT0'I'ION CARRIED UNANIMOUSLY.
6. RESOLUTION NO. 94-1998 DIRECTING THE DESIGN FOR
RIVERVIEW TERRACE NORTH OF 79TH WAY:
Councilmember Billings stated that his puxZ�ose for removing this resolution fiom the
consent agenda was to provide the public with a better idea of what was being
requested. This x�esolution essentially indicates to the Police Chief, Fi.re Chief, Public
Wox•ks Directox• and City Engineer that Council was aware of the fact that staff was
being asked to design Riverview Terrace in a way that was different fiom the other
streets in the area.
MOTION by Councilmember Billings to approve Resolution No. 94-1998, Directing the
Design for Riveiview Terrace, Norfh of 79th Way. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM
BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23 1998 PAGE 10
12. MOTION TO APPROVE REQUEST FOR PROPOSAL FOR
ENGIN�EKIN� ;�tJ PPORT F(3I�, THE R,iVER,VIE� _ HE�GHT'S Afi,EA
IMPROVEMENT:
Mr. Floxa noted that approval of this request would allow staff to advertise and receive
a bid to retain a consultant to design the pi•oject.
MOTION by Councilmembex• Bolkcom to approve the request for proposal for
engineeiing support for the Riveiview Heights area improvement. Seconded by
Councilmembex� Billings.
UPON A VOICE VOTE, ALL M�MBERS VOTING AYE, MAYOR PRO TEM
BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY.
13. INFORMAL STATUS REPORTS:
Mr�. Burns, City Manager, noted that a reception would be held in honor of
Councilmember Schneider's years of seivice on the Fizdley City Council. This reception
will be held Decembei• 15 fi•om 5:30 p.m. to i:30 p.m. at the Fxzdley Community Center.
The public is inviY.ed to attend.
AD.JOURNMENT:
MOTION by Councilmember Bolkcom to adjourn the meeting at 9:10 p.m. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM
BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE
NOVEMBER 23, 1998 MEETING OF THE FRIDLEY CITY COUNCIL WAS
ADJOURNED AT 9:10 P.M.
Respectfully submit.ted,
Tamara D. Saefl:e Robert L. Barnette
Recording Secretary Mayoz� Pro Tem
MEMORANDUM
�IQ�USING DIVISION
DATE: December 4, 1998 �
TO: William W. Burns, City Manager ��
FROM: Barbara Dacy, Community Development Director
Grant Fernelius, Housing Coordinator
SUBJECT: Consider Service Agreements with the Center for Energy
and Environment (CEE) for Administration of the CDBG
Rehabilitation Grant Program.
This memo describes three separate agreements for City Council consideration
at the December 7, 1998 meeting.
Extension to 1996 Contract
In October of 1996 the City and CEE entered into a service agreement for
administration of the CDBG rehabilitation grant program. The program provides
assistance to low-income homeowners for home improvements and basic
repairs. CEE's responsibilities include processing the applications, verifying
eligibility, conducting inspections, preparing work write-ups, monitoring work
progress, and verifying that all of the work has been done in a satisfactory
manner. Prior to CEE's involvement this function was administered by ACCAP.
The term of the original agreement ran from October 15, 1996 through
December 31, 1997. Due to an oversight the contract should have been
extended earlier this year. The proposed extension would allow CEE to process
applications and complete the files through D�cember 31, 1999. CEE has
received numerous inquires about the program and has over 20 applications
pending.
1.01
CEE Service Agreements
Decemb�r 4, 1998
Page 2
Contracts for 1997 and 1998 CDBG Funds
Anoka County requires that the City execute separate service contracts with
CEE for each funding cycle. The proposed contracts cover the 1997 and 1998
funding years. The agreements were too large to include in the agenda book,
but were included in the information packet.
Below is a summary of each contract.
1997 Funds
Budget
Administration *
Net Available for Rehab
Date of Completion
1998 Funds
Budget
Administration **
Net Available for Rehab
$124,848
$12,484
$112,364
December 31, 1999
$120,952
$8,750
$112,202
Date of Completion December 31, 1999
Notes: * Based on 10% of budget.
** Based on flat rate of $875 per rehab grant processed.
Assumes 10 applications will be processed.
The language for each contract is the identical. The only differences are the
level of funding and administrative amounts.
Recommendation
Staff recommends that the City Council approve extension to the senrice
agreement with CEE for the 1996 CDBG Rehabilitation Grant Program and
approve the service agreements with CEE for administration of the 1997 and
1998 CDBG Rehabilitation Grant Programs. �
1.02
�
___ .
MEMORANDUM
DEVELOPMENT DIRECTOR
Date: December 1, 1998
To: William Burns, City Manager���
From: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Julie Jones, Planning Assistant/Recycling Coordinator
Subject: Extension of NSP Fluorescent Lamp Recycling Agreement
Background:
On August 25, 1997, the City of Fridley approved a fluorescent lamp recycling
agreement with NSP, where NSP pays for the collection and recycling costs of
fluorescent lamps collected at the Fridley Recycling Center. This agreement is due to
expire December 31, 1998. NSP has agreed to extend the existing agreement one
more month to February 1, 1999, the date the Recycling Center is scheduled to close.
Recommendation:
Residents and small businesses seem to especially appreciate having a free option for
fluorescent lamp disposal. Staff recommends that the City Council approve the
attached amendment to the existing lamp recycling agreement in order to continue this
service as long as possible. Staff is in the process of preparing a proposal to continue
this type of arrangement with NSP under the monthly collection, which will be
considered later by the City Council.
M-9&239
2.01
. �,:
AMENDMENT NO. 1 TO AGREEMENT
This Agreement is made and entered into by and between the CITY OF
- FRIDLEY, State of Minnesota, here�na�;er refe� ��� tc as th2 "�it�', 6�3't -
University Avenue NE, Fridley, MN 55432, and Northern States Power Company,
414 Nicollet Mall, Minneapolis, MN 55401, hereinafter referred to as "NSP°.
It is hereby agreed that certain Agreement made and entered into on the 25�' day
of August 1997, between the herein-named parties for collection by the City of
lamps to be recycled, is hereby amended in accordance with the provisions set
forth below:
A. Section 7(page 3) is hereby amended to read:
Term: The term of this Agreement is September 1, 1997 through February 1,
1999. At the option of NSP and the City, this Agreement may be renewed on an
annual basis concurrent with NSP's statutory obligation to establish a system to
collect and recycle lamps from residential and small commercial customers or
otherwise. Notwithstanding the term of this Agreement, NSP and the City may
terminate this Agreement, in whole or in part, upon sixty (60) days prior
notification to the other party. If NSP terminates this Agreement, NSP shall pay
the City all amounts due and not previously paid as well as the amounts due for
Work performed in accordance with the Agreement during the sixty (60) day
notification period.
B. Section 8(page 3) is hereby amended to read:
Notice: All information shall be sent by United States mail, postage prepaid,
to the following representatives of NSP and the City:
NSP: Kathv Chameli
414 Nicollet Mall
Minneapolis MN 55401
City: Julie Jones
The Citv of Fridlev
6431 Universitv Ave NE
Fridlev. MN 55432
This Agreement shall be effective from September 1, 1997 through February 1,
1999.
Except as hereinabove amended, the terms, conditions and provisions of
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates indicated below:
2.02
APPROVED AS TO FORM:
City Attomey/Date
APPROVED AS TO EXECUTION
City Attorney/Date
Approved by The City of Fridley
Resolution No.
STATE OF MINNESOTA )
)ss.
COUNTY OF )
By:
Date:
QI
CITY OF FRIDLEY
NORTHERN STATES POWER
CO NY
� �l
Kevin Lawl ss, Director
Energy Management Marketing
Date: �� �2 r �
Thi instrumen was acknowledged before me on �����a �, 19 , by
' e,,.;�� �..�...2c,d✓ , (titie) . , of
(company name) /✓s� , who, be ng duly sworn,
represents and warrants that he/she/they is/are authorized by law and all
necessary board action to execute this contract on behalf of the corporation/
organization, intending this contract to be a legally binding obligation of the
corporation/organization.
i�.�J /�I - -
Notary Public
2.03
...«»».
� CATHEAINc M. VVELLMAN
��_',�� NU�AHYPU:�.:-�•,�NI:ESOTA .
�� M� �......__ ... _.._.�. S7. 2qN �
.
�...M... ...�^^.. - - �.�r.rw.�
MEMOR.ANDUM
DEVELOPMENT DIRECTOR
Date: December 1, 1998
To: Wiliiam Burns, City Manage�,� f�
From: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator �
Julie Jones, Planning Assistant/Recycling Coordinator
Subject: Extension of JR Appliance Contract
Background
Since September of 1997, the City of Fridley has contracted with JR's Appliance
Recycling to haul away and recycle the appliances collected at the Fridley Recycling
Center. Our current contract with them expires December 31, 1998. In order to
continue our existing arrangement until the R�ecycling Center closes February 1, 1999,
we need to amend the term of the existing agreement.
Recommendation
Staff has had no problems with JR's service, and they offer the best pricing we can find.
Staff recommends that the City Council approve authorization of the attached
amendment, extending the term of the existing agreement another 30 days.
M-9&238
3.01
AMENDMENT NO. 1 TO APPLIANCE RECYCLING AGREEMENT
This agreement is made on the day of December, 1998, between the City of
Fridley, Fridley, Minnesota, ("Customer") and J.R.'s Appliance Disposal, Inc.
("Recycler").
- _ _ _
WHEREAS, Recycler is a certified appliance recycler, and
WHEREAS, Customer desires Recycler to continue transporting and recycling
appliances collected at the Fridley Recycling Center in accordance with the terms of an
Agreement approved by the Customer on August 25, 1997, with the following "
amendment to the last paragraph.
NOW, THEREFORE, the Customer and Recycler agree as follows:
The term of the Agreement is extended by mutual agreement to be from August
4, 1997 through February 1, 1999, the date of the signature by each party
notwithstanding. Both parties continue to have the right to terminate for cause
with thirty (30) days written notice as provided in original agreement.
Executed as of the day and year first above written.
CITY OF FRIDLEY
By
Its City Manager
3.02
JR'S APPLIANCE DISPOSAL, INC.
By
Its
MEMORANDUM
DEVELOPMENT DIRECTUR
Date: December 2, 1998
To: William Burns, City Manager�,��
From: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Julie Jones, Planning Assistant/Recycling Coordinator
Subject: Curbside Recycling RFP
Background:
The City of Fridley's existing curbside recycling service contract with Waste
Management expires March 31, 1999. Waste Management officials have met with staff
and offered to extend the existing contract for another finro years for the current price.
Staff has not pursued this option since service from Waste Management over the term
of the contract has been less than satisfactory. Staff informally discussed the options
with the Environmental Quality and Energy Commission (EQEC) at their October
meeting, and they concurred with staff s suggestion to seek proposals rather than
extend the existing contract with Waste Management.
At the November 17 EQEC meeting, however, the EQEC passed a motion
recommending a one-year extension to the existing contract with Waste Management.
The reason for their change in opinion is that they would like to conduct a year-long fact
finding study of solid waste management options for the City. In the case that the study
would result in recommendations to change the current recycling collection system,
they would not want to see the City locked into a long term contract.
Staff, however, continues to recommend that we pursue proposals for curbside
recycling services at this time for the following reasons:
• Even after many meetings with Waste Management managers, service problems
have continued.
• It is possible that we could obtain a lower collection rate by going out for proposals
(obtaining a rate just $.05 lower per household would save residents $5,154 per
year). _ _ __
4.01 �
• The carts the City owns now for multi-unit recycling collection are wom out. The
existing contract does not require replacement of the carts, except if they are
rendered dysfunctional.
• i 997 �Ciiizen Survey resulis showed ihai residents were overwneimingly satisfied
with the current weekly recycling service program, so staff sees no urgent need to
re-evaluate the system.
• Before Fridley considers drastic changes in its solid waste management system, we
should wait at least a year after the closing of the Recycling Center to evaluate the
impact of that change on the effectiveness of the curbside program.
• A thorough solid waste management study will likely take two years, and asking
residents to deal with service problems for another two years is unreasonable.
Recommendation:
Staff recommends that the City Council pursue obtaining curbside recycling service
proposals, authorizing staff to advertise and distribute the attached RFP. We have
changed the proposal format to include both a three-year and a finro-year contract
option. We feel the three-year option may be necessary to spread out the cost burden
of replacing all multi-unit carts. Under the proposed timeline, staff will have acceptable
proposals in hand for consideration at the January 25, 1999, council meeting. This
timeline will be necessary to allow a possible different contractor 60 days to be
adequately prepared to start collections April 1.
M-9&237
4A2
��
CITY OF FRIDLEY
MINNESOTA
SPECIFICATIONS AND REQUEST FOR PROPOSAL
FOR
CURBSIDE RECYCLING SERVICES
CONTRACTOR'S NAME
ADDRESS:
December 1998
Proposals accepted until
10:00 a.m.
January 15, 1999
City of Fridley Municipal Center
6431 University Avenue N.E.
Fridley, MN 55432
(1>
4.03
NOTICE
CITY OF FRIDLEY
MINNESOTA
THE CITY OF FRIDLEY IS REQUESTING PROPOSALS FOR CURBSIDE
RECYCLING SERVICES TO ALL RESIDENTIAL SINGLE FAMILY HOUSEHOLDS
AND MULTI-UNIT HOUSEHOLDS UP TO AND INCLUDING TWELVE-UNIT
BUILDINGS
WITHIN THE
CITY OF FRIDLEY, MINNESOTA
for
April 1, 1999, to March 31, 2002
The proposals shall be made in accordance with the Specifications and must be
submitted to the City by:
10:00 a.m.
Friday
January 15, 1999
The proposals shall be made on forms identical in content to those contained in the
Specifications. All completed proposal forms shall be submitted to:
Julie Jones, Recycling Coordinator
Community Development Department
Fridley Municipal Center
6431 University Avenue N.E.
Fridley, MN 55432
Questions and requests for packets should be directed to:
Julie Jones, Recycling Coordinator
City of Fridley
6431 University Ave. N.E.
Fridley, MN 55432
(612)572-3594
(z)
4.04
PROPOSALFORM
CURBSIDE RECYCLING COLLECTION SERVICES
TO: Julie Jones, Recycling Coordinator
Fridley Municipal Center
6431 University Avenue N.E.
Fridley, MN 55432
Dear Ms. Jones:
1. The following proposal is made for CURBSIDE RECYCLING COLLECTION
SERVICES as described in the Specifications provided to the prospective
Contractors.
2. The undersigned certify that the specifications contained herein have been
carefully examined and understood, and that at no time will misunderstanding of
said specifications be pleaded. .
3. In submitting this proposal, it is understood that the right is reserved by the City
to reject any or all proposals and to waive any informalities and technicalities
without explanation.
4. If a corporation, what is the State of incorporation?
5. If a partnership, state full names of all co-partners.
6. The Contractor, in compliance with the Notice Requesting Proposals for
Curbside Recycling Services, hereby submits the following proposal:
Official Address: Firm Name:
By:
Title:
Date:
(3)
4.05.
I. 2-Year Contract Proposal:
A. Singte-Family Rate: The City is currently divided into four Recycling Collection
Districts, according to Exhibit A. Curbside collection for single-family through
four-plex apartment buildings shall occur weekly. Cans, glass, newspaper,
mixed mail (which includes magazines, boxboard, telephone books), and
- - carrugated cardboard wi{I be cc311ected from p!{ certifed R�Js,1-4 unit buildinr�s. ---
Base proposal also includes the provision of weeklv recycling services as
described above to the Municipal Center, the Community Education Center,
Springbrook Nature Center, the Public Works Garage, and two Liquor Stores,
including provision of approximately 20 collection containers.
$ per RDU per month
B. Multi-Unit Rate: The City is divided into four Recycling Collection Districts,
according to Exhibit A. Collection shall occur every other week for cans, glass,
newspaper, mixed mail (which includes magazines, boxboard, and telephone
books), and corrugated cardboard. These items will be collected from all
certified MDUs in 5-12 unit buildings. Contractor must also remove, dispose of,
and replace all existing multi-unit carts. This option would include
incorporating the cost of these carts into the two-year term of the agreement.
Contractor would retain ownership of the carts upon completion of the
agreement.
$ per MDU per month
II. 3-Year Contract Proposal:
A. Single-Family Rate:
This option is the same as I. A. above except for a three year time period.
$ per RDU per month
Multi-Unit Rate: This option is the same as I. 6. above except that the cost of
the carts is spread out over a three year time period.
$ per MDU per month
III. Optional Components, Added Materials
A. � Food Shelf Donations
Curbside collection of canned food once per year to benefit area food shelf.
� per collection
(4)
►, � ;�
AFFIDAVIT AND INFORMATION REQUIRED OF RFP SUBMITTERS
Affidavit of Non=Collusion
I hereby swear (or affirm) under the penalty for per�ury:
1. That I am the bidder (if the bidder is an individual), a partner with the bidder (if
the bidder is a partnership), or an officer, or an employee of the bidding
corporation having the authority to sign on its behalf (if the bidder is a
corporation);
2. That the attached proposal or proposals have been arrived at by the bidder,
independently, and have been submitted without collusion with, without any
agreement, understanding, or planned common course of action with any other
vendor of materials, supplies, equipment, or services described in the invitation
to bid, designed to limit independent bidding or competition;
3. That the contents of the proposal or proposals have not been communicated by
the bidder or its employees or agents or to any person not an employee or agent
of the bidder or its surety or any bond furnished with the proposal or o�cial
opening the proposal or proposals; and
4. That I have fully informed myself regarding the accuracy of the statements made
in this affidavit.
Signed
Firm Name
Subscribed and sworn to be on this day of 1999•
Signed
My Commission Expires
(5)
4.07
CITY OF FRIDLEY
SPECIFICATIONS FOR CURBSIDE RECYCLING SERVICES TO ALL
RESIDENTIAL SINGLE-FAMILY HOUSEHOLDS AND MULTI-UNIT HOUSEHOLDS
UP TO AND INCLUDING TWELVE UNIT BUILDINGS
_. _�_ _ _ _
I. Introduction: These specifications define the requirements of the Curbside
Recycling Program for the City of Fridley. For the purpose of these
specifications the City of Fridley has identified 7,680 Residential Dwelling Units
(RDUs), defined as units in 1-4 unit buildings. These units will be serviced as
residential units, as specified herein. The City has identified 910 additional Multi-
Unit Dwellings (MDUs}, defined as units in 5-12 unit buildings. These units will
be serviced as multi-units, as specified herein. Weekty recycling services also
includes six City-operated facilities.
The City will recertify the number of RDUs and MDUs prior to execution of a
contract a.nd each year on July 1 and January 1. Adjustment of the number of
RDUs and MDUs may also be made throughout the year upon mutual
agreement between the City and the Contractor, if the number of units changes
by more than 20 units. •
II. Specifications
1. Contractor Service Requirements: The Contractor agrees to
provide curbside recycling services described herein and as
described in the Proposal.
2. Collection Vehicle Equipment Requirements• Each collection vehicle shall
be equipped with the following:
a. a two-way radio
b. a first aid kit
c. an approved 2A106C Dry Chemical Fire Extinguisher
d. waming flashers
e. warning alarms to indicate movement in reverse
f. signs on the rear of the vehicle which state 'This Vehicle Makes
Frequent Stops"
g. a broom and a shovel for cleaning up spills
All of the required equipment must be in proper working order.
All vehicles must be maintained in proper working order and be as clean
and free from odors as possible.
(6)
� 1 :
City of Fridley Specifications for Curbside Recycling Services to all Residential
Single Family Households and Multi-Unit Households Up to and Including Twelve
Units
Ali vehicles must be clearly identified on both sides with Contractor's
name and telephane numt,er. - --
3. Personnel Reauirements: Contractor shall retain sufficient personnel and
equipment to fulfill the requirements and specifications of this Agreement.
The Contractor will provide a Route Supervisor to oversee the recycling
route drivers servicing the City. The Route Supervisor will be available to
address customer complaints by cell phone or voice mail at minimum 4
hours per day.
Contractor's personnel shall:
a. Conduct themselves at all times in a courteous manner with the
general public.
b. Make a concerted effort to have at all times a presentable
appearance and attitude.
c. Perform their work in a neat and quiet manner, clean up all
recyclables spilled in col�ection and hauling operations.
d. Avoid damage to property.
e. Not perform their duties or operate vehicles while consuming
alcohol or illegally using controlled substances or while under the
influence of alcohol and/or such substances.
f. Handle containers by picking them up, emptying their contents into
the collection vehicle, and place, not throw or slide, the container
back in its original location.
4. Publicity Promotion and Education: Contractor shall pay for the
design and printing of a curbside program brochure for distribution to all
certified RDUs in March of each year during the term of the contract. City
and Contractor staff will develop the brochure. The Contractor will provide
and pay for 10,000 copies of the brochure. The City will be responsible
for the cost of mailing the brochure to all certified RDUs. The Contractor
will also be required to provide annually a one-page flyer proof and a
collection calendar for the City to distribute to the owners of the MDUs.
5. Weighina of Loads and Reporting ReQUirements: Contractor will keep
accurate records consisting of an approved weight slip with the date, time,
collection route, driver's name, vehicle number, tare weight, gross weight, net
weight, and number of recycling stops for each loaded vehicle.
c�)
4.09
City of Fridley Specifications for Curbside Recycling Services to all Residential
Single Family Househoids and Multi-Unit Households Up to and Including Twelve
Units
Collection vehicles will be weighed empty before collection to obtain a tare
weight and weighed afier completion ofi a route ar ai ihe enci of the day,
whichever occurs first. An original of each weight ticket shall be
maintained on file by the contractor in the event of an audit by the City or
County. Contractor will include a monthly report on total number of stops,
total tons collected, a fair estimate �f the percentage of the total that each
material type represents, and the markets generally used for the sale of
recyclables with the Contractor's monthly billing.
6. Recycling Containers: The City will provide containers to all Curbside
RDUs, 1-4 unit buildings. The Contractor shall provide 90 gallon or other
acceptable containers for all MDU 5-12 unit buildings and City-operated
buildings. Containers will be placed in centralized locations, as� specified
by the apartment owner/manager, musf be clearly labeled for which
recyclables are to be placed in each container, and be of sufficient
quantity to adequately contain the recyclable materials for two weeks.
The Contractor shall also provide containers to any additional MDUs
certified for service by the City.
a. Curbside containers shall be required to be placed at the curbside
by the resident by 7:00 a.m. on the designated collection day.
b. Multi-Unit Containers shall not be located inside the building but
shall be located inside/adjacent to waste dumpster enclosures at all
certified multi-unit collection sites. All multi-unit recycling collection
containers shall be clearly marked with the materials accepted and
materials preparation requirements. Alternate container locations,
not located inside the building, may be designated by the individual
building owner or manager.
7. Ownership: Ownership of the recyclables shall remain with the person
placing them for collection until Contractor's personnel physically touches
the recyclables for collection, at which time ownership shall transfer to
Contractor.
8. Acceptable Recyclables: means newsprint and Sunday newspaper
advertisement inserts, unsorted green, brown, and clear glass (food and
beverage containers), unsorted aluminum and steel (food and beverage
containers), plastic bottles, corrugated cardboard, mixed mail including
magazines, telephone books, and boxboard, and other materials as
mutually agreed upon befinreen the City and Contractor.
i$)
4.10
City of Fridley Specifications for Curbside Recycling Services to all Residential
Single Family Househoids and Multi-Unit Households Up to and Including Twelve
Units
9. Preparation: Contractor shall collect recyclables which have been
prepared in the foiiowing rr�ann�r: - - �
a. Curbside residents shall be educated to prepare recyclable
materials as follows
Newsprint will be placed in paper kraft bags or securely tied and
bundled.
Glass Food and Beveraye Containers Metal Food and Beveracae
Containers. and Plastic Bottles with a Neck will be commingled
loose in container or in paper bags. The will also be rinsed clean.
Green, brown, and clear glass may be placed together in one bag
or container. �
Mixed Mail Magazines Teleghone Books and Boxboard will be
separated from other items and placed in a paper bag.
Boxboard (dry food boxes only) will be placed together with mixed
mail in paper bags. Boxboard is defined at minimum to include the
4"C's," which includes cereal boxes, cake mix boxes, chip boxes,
and cracker boxes.
Corn.rgated Cardboard will be broken down flat into bundles no
larger than 3 feet by 3 feet, tied together with string. No cardboard
that is wax or plastic coated or contaminated by food or grease
shall be accepted.
Preparation standards for other materials will be determined by mutual
written agreement between City and Contractor.
b. Multi-unit residents (includes City-operated buildings) shall
prepare recyclable materials as follow:
Newsprint will be placed in the container labeled "Newsprint Only."
All paper materials which are part of the daily or Sunday
newspaper are acceptable. Newsprint may be bagged, tied, or
loose.
�9)
4.11
City of Fridley Specifications for Curbside Recycling Services to all Residential
Single Family Households and Multi-Unit Househoids Up to and Including Twelve
Units
Glass Food and Beverage Containers. Metal Food and Beverage
_ _.. £�ntai�ers, and Plas#ic Battle�- will be ri�sed and - placed inr
specially marked containers labeled commingled glass, cans and
plastic bottles. Removal of paper labels from cans is not required
but will be encouraged.
Mixed Mail, Maqazines, Telephone Books. Corruqated Cardboard.
and Boxboard will be separated from newspaper and placed in a
paper bag or loose in recycling container.
10. Procedure for Unacceptable Recyclables. If Contractor determines that a
resident has set out unacceptabte recyclables, the driver shall use the
following procedures:
a. Curbside:
1) Contractor shall leave only the unacceptable recyclables
and leave an "education tag" indicating acceptable materials
and the proper method of preparation.
2) The driver shall record the address on forms provided by the
Contractor and acceptable to the City and maintain records
in the Contractor's complaint tracking system daily.
3) Upon request, the City Recycling Coordinator will undertake
efforts to educate the resident or owner regarding proper
materials prep.aration.
b. Multi-Unit: Contaminated carts of material will not be collected and a
tag will be left indicating the reason the material is unacceptable. The
Contractor shall also notify the City Recycling Coordinator by phone
that the material was left and the reason that the material was
unacceptable. It will be the responsibility of the Recycling Coordinator
to obtain cooperation from the building owner/manager in removal of
trash and separation of acceptable materials. The contractor will then
be called to return to the site of contamination and collect properly
sorted carts.
clo)
4.12
City of Fridley Specifications for Curbside Recyciing Services to all Residential
Single Family Househoids and Multi-Unit Households Up to and Including Twelve
Units
-- 11. t�laterials Disposition: - Cor�tracta� shai� assure that afi recyclables
collected in the City are not landfilled or incinerated and are distributed to
appropriate markets for recycling. No recyclables will be landfilled or
incinerated by the Contractor without written authorization from the City
and the Minnesota Office of Environmental Assistance.
If the Contractor determines that there is no market for a particular
recyclable or that the market has become economically unfeasible, the
Contractor shall immediately give written notice to the City. Said notice
shall include information demonstrating the effort the Contractor has made
to find market sources, and the financial information justifying the
conclusion that the market is economically unfeasible. Upon receipt of
said notice, the Contractor and the City shall have 30 days to attempt to
find a feasible market. During this period the Contractor shall continue to
pick up the particular recyclable.
If the Contractor or the City is not able to find a market within 30 days, the
City has the option to:
a. Require the Contractor to continue to collect the particular
recyclable. In such case, the City would pay the Contractor, as
additional compensation, the tipping fee at the Elk River RDF plant
or a mutually agreeable alternative site. The Contractor is required
to keep accurate records of said fees and provide the City receipts
of payment.
b. Notify the Contractor to cease collection of the particular recyclable
until a feasible market is located, either by the Contractor or by the
City. The Contractor would then be responsible for the cost of
printing and distributing educational materials explaining the market
situation to residents.
If the City notifies the Contractor to cease collection of a particular
recyclable, the parties shall immediately meet to renegotiate the per unit
fee for service.
In the event that the parties disagree on the question of whether there is a
market for a particular recyclable or on the economic feasibility of that
market, the disagreement shall be submitted to non-binding arbitration. In
cll�
4.13
City of Fridley Specifications for Curbside Recycling Services to ali Residential
Single Family Households and Multi-Unit Households Up to and Including Twelve
Units
---- fihis case, each party shall name arz arbitratcr, and #he two shalf se6�e# a -
third person to serve as chairperson of the arbitration panel. The
arbitration panel shall meet and decide said question within 30 days.
Meanwhile, collection of said material shall continue pending outcome of
arbitration.
12: Collection Point:
a. Curbside containers shall be required to be placed at the residents
by 7:00 a.m. on the designated collection day. Contractor shall empty all
acceptable materials from containers and any acceptable materials that
are placed adjacent to containers, and shall replace container at curbside.
b. Multi-Unit Containers shall not be located inside the building but
shall be located inside/adjacent to waste dumpster enclosures at all
certified multi-unit collection sites. All multi-unit recycling collection
containers shall be clearly marked with the materials accepted and
materials preparation requirements. Alternate container locations,
not located inside the building, may be designated by the individual
building owner or manager.
Contractor shall empty all acceptable materials from inside the
containers and acceptable materials that may be set adjacent to
the containers. The Contractor shall replace containers in their
appropriate location.
13. Frequency of Collection: The City is currently divided into four Collection
Districts. The City has weekly recycling collections, Monday through
Thursday. The layout of the current collection districts in shown in exhibit
A.
14. Collection Hours. Collection shall commence no earlier than 7:00 a.m.
Contractor shall maintain su�cient equipment and personnel to assure
that all collection operations are completed by 6:00 p.m. on the scheduled
collection day. Residents will be required to place recyclables at curbside
before 7:00 a.m. on the scheduled collection day.
(ia)
4.14
City of Fridley Specifications for Curbside Recyciing Services to all Residential
Single Family Househoids and Multi-Unit Households Up to and Including Tweive
Units
15:- Cieanup R�s��rs�bilitv. Contractcr shall adequa+�ly clear� u� any
material spilled or blown during the course of collection and/or hauling
operations. Any unacceptable materials left behind should be secured
within resident's recycling container, if provided. Driver shall take all
precautions possible to prevent littering of unacceptable recyclables. All
collection vehicles shall be equipped with at least one broom and one
shovel for use in cleaning up material spillage. Contractor shall have no
responsibility to remove or clean up any items which are not recyclable
materials.
16. Missed Collection Policy and Procedure. Contractor shall have a duty to
pick up missed collections. Contractor agrees to pick up all missed
collections on the same day Contractor receives notice of a missed
collection, provided notice is received by Contractor before 12:00 p.m. on
a business day. With respect to all notices of a missed collection received
after 12:00 p.m. on a business day, Contractor agrees to pick up that
missed collection before 12:00 p.m. on the immediately following business
day.
Contractor shall provide staffing of a telephone equipped office to receive
missed collection complaints befinreen the hours of 7:30 a.m. and 5:00
p.m. on weekdays, except holidays. The Contractor shall have an
answering machine or voice mail system.activated to receive phone calls
after hours. Contractor shall keep a log of all calls including the subject
matter, the date and the time received, the Contractor's response and the
date and time of response.
17. Non-completion of Collection and Extension of Collection Hours. If
Contractor determines that the collection of recyclables will not be
completed by 6:00 p.m. on the scheduled collection day, it shall notify the
City Recycling Coordinator by 4:30 p.m. and request an extension of the
collection hours. Contractor shall inform the City of the areas not
completed, the reason for non-completion, and the expected time of
completion. If the Recycling Coordinator cannot be reached, the
Contractor will contact the first designated alternate, the Community
Development Director. If the Community Development Director cannot be
reached, the Contractor shall contact the City Manager.
(13)
4.15
City of Fridley Specifications for Curbside Recycling Services to all Residential
Single Family Households and Multi-Unit Households Up to and Including Twelve
Units
� 8. Penalt�s. - _ _
a. Missed Collection
$25.00 for each missed collection above three misses per
collection day, to be assessed at the end of each collection month.
A missed collection would be defined as a report by a resident that
their material was out by 7:00 a.m. and the address did not appear
on the Contractor's conveyance sheet as a"Late Set Out" and the
recyclables were properly sorted.
b. Throwing Containers
$50.00 for each eyewitnessed report of a driver throwing rather
than placing, the curbside recycling container.
c. Missing Entire Streets
$500.00 per each incident of the Contractor missing an entire
street. A missed street would be defined as a street where
residents from at least three households on that street report that
they had their material out before 7:00 a.m., the material was not
picked up, the recyclables were property sorted, and the addresses
did not app�ar on the Contractor's conveyance sheets as "Late Set
Outs".
d. District-wide Collection Not Completed
$1,000 per incident of failure to complete collection when the
Contractor has not received an extension of collection hours from
the Recycling Coordinator, the Community Development Director,
or the City Manager.
e. Failure to Complete a Majority (50%) of the Collection District
$2,500 per incident.
(14)
4.16 .
City of Fridley Specifications for Curbside Recycling Services to all Residential
Single Family Househoids and Multi-Unit Households Up to and Including Twelve
Units
_ 19. Severe Weather. _ Re�cy�ling colle�ctions may be postponed d�e to severe -
weather at the sole discretion of the Contractor. "Severe weather' shall
include, but shall not be limited to, those cases where the air temperature
at 6:00 a.m. is -20 degrees F. or colder. Upon postponement, collection
will be made the following business day. The Contractor will be
responsible for notifying the residents by radio and television
announcements. The City will be responsible for notifying the residents
by municipal cable television. All three means of communication will be
used for each severe weather postponement of recycling collection.
20. Holidays. Holidays means any of the following: New Year's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas Day. When the scheduled collection day falls on a holiday, an
alternative collection day shall be scheduled by mutual agreement. The
Contractor shall assist the City in publicizing the alternative collection day,
including delivery of notices to each RDU and MDU in the affected
Collection District.
21. Insurance Coverage. Contractor shall provide a certificate of insurance as
proof of liability coverage or death in the amount of $600,000 for any one
person, in the sum of $1,000,000 for two or more persons for the same
occurrence, and in the sum of $3,000,000 for damages to property. The
certificate of insurance shall name the City as an additional insured and
state that Contractor coverage shall be the primary coverage in the event
of a loss. Further, the certificate shall provide for thirty (30) days written
notice to the City before cancellation, expiration, or change of coverage.
22. Comqensation for Services. The City agrees to pay the Contractor for
recycling collection services provided to the City in the manner described
in "Exhibit B" of the Agreement for Curbside Recycling Services (to be
negotiated).
23. Method of Payment: Contractor shall submit itemized bills for recycling
collection services provided to the City on a monthly basis. Bills
submitted shall be paid in the same manner as other claims made to the
City. The Contractor shall submit the monthly documentation and reports
as required under paragraphs five and sixteen of these specifications, with
the monthly bill. Payment to the Contractor will not be released unless the
required are included in the monthly bill.
cls)
4.17
City of Fridiey Specifications for Curbside Recycling Services to ail Residential
Single Family Households and Multi-Unit Households Up to and Including Twelve
Units
24. ,qud:t Disclosure: - T! �� Contract�r - shall allaw the- City or its duly
authorized agents reasonable access to such of the Contractor's books
and records as are pertinent to all services provided under this
agreement. Any reports, information, data, etc., given to, prepared, or
assembled by the Contractor under a future contract shall not be made
available by the Contractor to any other person or party without the City's
prior written approval. All finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports prepared by
the Contractor shall become the property of the City upon termination of
the City's Contract with the Contractor.
25. Term: means the thirty-six month period from April 1, 1999, to March 31,
2002.
26. Termination: The executed Contract may be terminated by either party
upon sixty (60) days written notice to the other party for cause upon the
other party's breach of its duties under the executed Contract.
27. Independent Contractor: At all times and for all purposes, the Contractor
is an independent contractor and not an employee of the City. No
statement herein and in the executed Contract shall be construed so as to
find the Contractor to be an employee of the City.
28. Subcontractor: The Contractor shall not enter into subcontracts for any of
the services provided for under the executed Contract for the services
specified herein, without the express written consent of the City.
29. Assignment: Neither party shall assign the executed Contract, nor any
interest arising therein, without the written consent of the other party.
30. Services Not Provided For: No claim for services furnished by the
Contractor not specifically provided for herein shall be honored by the
City.
31. Severabilitv: The provisions of the executed Contract are severable. If
any portion hereof and in the executed Contract is, for any reason, held
by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of the same Contract.
(16)
4.18
City of Fridley Specifications for Curbside Recycling Services to all Residential
Single Family Households and Multi-Unit Households Up to and Including Twelve
Units
32. Compliancs with Laws and Regulations: Jn providing services hereunder _.
and in the executed Contract, the Contractor shall abide by all statutes,
ordinances, rules, and regulations pertaining to the provision of services
to be provided hereunder. Any violation shall constitute a material breach
of the executed Contract.
33. Governing Law: The executed Contract shall be controlled by the laws of
the State of Minnesota.
34. Equal Opportunitv: During the performance of the executed Contract, the
Contractor, in compliance with Executive Order 11246, as amended by
Executive Order 11375 and Department of Labor regulations 41 CFR Part
60, shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
Contractor shall take affirmative action to insure that applicants for
employment are qualified, and that employees are treated during
employment, without regard to their race, color, religion, sex, or national
origin.
35. Waiver: Any waiver by either party of a breach of any provisions of the
executed Contract shall not affect, in any respect, the validity of the
remainder of the executed Contract.
36. Indemnification: The Contractor shall indemnify and hold harmless the
City, its employees and agents, for all claims, damages, losses, and
expenses, including, but not limited to, attorneys' fees, which they may
suffer or for which they may be held liable as a result of the fault of the
Contractor, its employees, or subcontractors in the performance of the
executed Contract.
37. Workers Compensation - Insurance: The Contractor shall provide
workers compensation insurance covering all employees of the Contractor
engaged in the performance of the executed Contract, in accordance with
the Minnesota Workers' Compensation Law.
38. Performance and Pa�ment Bond: The Contractor shall execute and
deliver to the City a performance and payment bond with a corporate
surety in the sum of $36,000. The executed Contract shall not become
effective until such a bond in a form acceptable to the City has been
delivered to the City and approved by the city attorney. The executed
(i�)
4.19
City of Fridley Specifications for Curbside Recycling Services to all Residential
Single Family Households and Multi-Unit Households Up to and Including Twelve
Units
Contract shall be subject to termination by the City at any time if said bond
shall be canceled or the surety thereon relieved from liability for any
reason. The t�rm of siach -performance, bond shal! be for the life of #he
executed Contract. Extensions or renewals shall require the execution
and delivery of a performance bond in the above amount to cover the
period of extension or renewal.
39. Utilities: The Contractor shall be obligated to protect all public and private
utilities whether occupying street or public or private property. If such
utilities are damaged by reason of the Contractor's operations, under the
executed Contract, it shall repair or replace same or, failing to do so
promptly, the City shall cause repairs or replacements to be made and the
cost of doing so shall be deducted from payment to be made to the
Contractor.
40. Conflict of Interest: Contractor agrees that no member, officer, or
employee of the City shall have any interest, direct or indirect, in the
executed Contract or the proceeds thereof. Violation of this provision
shall cause the executed to be null and void and the Contractor will forfeit
any payments to be made under the executed Contract.
41. Entire Contract: The executed Contract supersedes all oral agreements
and negotiations befinreen the parties relating to the subject matter hereof
as well as any previous agreements presently in effect between the
parties relating to the subject matter hereof. Any alterations,
amendments, deletions, or waivers of the provisions of the executed
Contract shall be valid only when expressed in writing and duly signed by
the parties, unless otherwise provided herein.
42. Contract Conditions:
a. The City reserves the right to waiver minor irregufarities in the
proposal documents and to reject any or all proposals. The City
reserves the right to enter into a contract with a contractor who
does not submit the lowest proposal.
b. The Contractor shall be required to execute the City's Contract and
to fulfill the requirements contained within it. The bond and
certificate of insurance shall be provided when the Contract is
executed.
c. No proposal can be withdrawn before 60 days after the date for
submission of proposals.
(is>
4.20
City of Fridley
{!
TO: William W. Burns, City Manager �-,�'' PW98-238
FROM: John G. Flora, Public Works Director
Jon H.�ykaas, Assistant Public Works Director
DATE: December 4, 1998
SUBJECT: Approve 1999 GIS Range Rider Contract with PlanSight, LLC
The cities of Andover and Columbia Heights are in favor of extending the Tri-City Range Rider Project for
contracted GIS services. Jerry Happel, Principal, P1anSight, LLC is in agreement to continue the project
for 1999.
In addition to existing services outlined in the 1998 proposal and the contract, PlanSight will continue to
expand its services for special projects on request. Past examples of such projects include: Polling Location
maps for individual precincts and wards, location maps for the Hydrant Painting Program and Home
Improvement Loan Program mapping.
The administrative responsibilities of each city will remain the same: financial matters handled by Columbia
Heights, contract prepazation by Andover, and general administration by Fridley. The total cost of the 1999
contract is $47,000, a 0% increase over the 1998 contract price. The City of Fridley's portion will remain
at $15,667.
Recommend the City Council approve and authorize the City Manager to execute the attached contract for
GIS Services for 1999.
THI3/JGF:cz
Attachment
5.01.
CONSULTING SERVICES AGREEMENT
This Coatract is made and entered into between the Tri-City GIS Joint Powers
Organization, consisting of the Cities of Fridley, Columbia Heights and Andover,
hereinafter "Tri-City" and P1anSight LLC., Suite 201, 3625 Talmage Circle, Vadnais
Heights, Minnesota, 55110, hereinafter "Contractor".
WHEREAS, Tri-City requires services to be provided for the staffing of a GIS
Range Rider to provide GIS technical assistance to the Cities of Andover, Columbia
Heights and Fridley; �
WHEREAS, Contractor desires to and is capable of providing the necessary
services according to the terms and conditions stated herein;
NOW, THEREFORE, in consideration of the mutual promises and agreements contained
herein the parties agree as follows:
1. TERM
1.1 Term.
The term of this Contract shall be from January 1, 1999 to and including
December 31, 1999 unless earlier terminated by law or according to the
provisions of this Contract.
2. CONTRACTOR'S OBLIGATIONS - �
2.1 General Description.
Contractor shall provide the following services generally described as:
5.02
Fifty weeks of full tiare onsite GIS technical assistance to the communities of
Fridley, Andover and Columbia Heights. The services will be in the form of one
or raore GIS Range Riders that would spend an average of 50 - 60 6ours per
month in each community over the course of the Contract.
2.2 Conformance to Specification.
Services provided shall meet or.eaceed the tasks outlined in the Tri-City GIS
Technical Assistance Request for Proposal set out in Eahibit A which is
attac6ed hereto and incorporated hereia by reference.
3. PAYMENT
3.1 Total Cost.
The total amount to be paid by Tri-City pursuant to this Contract shall be
$47,000.00.
3.2 Invoices.
Contractor s6alt, wit6in fifteen (1� working days following the last day of each
calendar aronth in which services were provided, submit an invoice and request
for payment on an invoice form acceptable to Tri-City. This invoice shall
itemize 1) the hours of services rendered listed by classification, 2) the date such
services were provided, 3) a general description of the services provided, 4) the
name of client receiving services, 5) the amount and type of all reimbursable
expenses being charged to the Contract, 6) the dates of the performance period
covered by the invoice.
3.3 Time of Payment.
Tri-City shall make payment to Contractor within thirty-five (3S7 days of the
date on which the invoice is received. If the invoice is incorrect, defective, or
otherwise improper, Tri-City wilt notify Contractor within ten (10) days of
5.03
receiving the incorrect invoice. Upon receiving the corrected invoice from
Contractor, Tri-City will make payment within thirty-five (35) days.
�.4 Pavment of Unauthorized Claims.
Tri-City may refuse to pay any claim which is aot specifically authorized by this
Coatract. Payment of a claim shall not preclude Tri-City from questioning the
propriety of the claim. Tri-City reserves the right to offset any overpayment or
disallowance of claim by reducing future payments.
4. COMPLIANCE WITH LAWS/STANDARDS
4.1 GeneraL
Contractor shall abide by all Federal, State or local laws, statutes, ordinances,
rules and regulations now in effect or 6ereinafter pertaining to this Contract or
to the facilities, programs and staff for which Contractor is responsible.
4.2 Minnesota Law to Govern.
This Contract shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Minnesota, without giving effect
to the principles of conflict of laws. All proceedings related to this Contract
shall be venued in the State of Minnesota.
5. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor and nothing herein contained shall be
construed to create the relationship of employer and employee between Tri-City and
Contractor. Contractor shall at all times 6e free to exercise initiative, judgment and
discretion as to how to best perform or provide services. Contractor acknowledges
and agrees that Contractor is not entitled to receive any of the benefits received by
Tri-City employees and is not eligible for workers' or unemployment compensation
benefits. Contractor ackaowledges and agrees that no withholding or deducNon for
5.04
State or Federal income taxes, FICA, FUTA, or otherwise, will be made form the
payments due Contractor and that it is Contractor's sole obligation to comply with the
applicable provisions of all Federal and State tax laws.
6. INDENINIFICATION
Any and atl claims that arise or may arise on behalf of Contractor, its agents, servants
or employees as a consequence of any act or omission on the part of Contractdr or its
agents, servants, employees while engaged in the performance of the Contract shall in
no way be the obligation or responsibility of Tri-City. Contractor shall indemnify,
hold harmless and defead Tri-City, its members, officers and employees against any
and all liability, loss, costs, damages, ezpenses, claims or actions, including attorneys'
fees which Tri-City, its officers or employees may hereafter sustain, incur or be
required to pay, arising ont of or by reason of any negligent or willful act or omission
of Contractor, its agents, servants or employees, in the execution, performance, or
failure to adequately perform Contractor's obligations pursuant to this Contract.
7. INSURANCE
7.1 General Terms.
In order to protect itself and to protect Tri-City under the indemnity provisioas
set forth above Contractor shall, at Contractor's expense, procure and maintain
policies of insurance covering the term of this Contract, as set forth below.
Such policies of iasurance shall apply to the extent of, but not as a limitation
upon or in satisfaction of, the indemnity provisions herein. All retentions and
deductibles under such policies of insurance shall be paid by Contractor. Each
such policy shall not be canceled by the issuing insurance company without at
least ten (10) days written notice to Tri-City of intent to cancel.
5.05
7.2 CoveraQe.
The policies of insurance to be obtained by Contractor pursuant to this section
shall be purchased from a licensed carrier and shall include the following:
A) Professional Liability
(1) A professional liability insurance policy covering personnel of
Contractor, if any, who provide professional services under this
Contract, which shall include the following coverages at a minimum:
Personal Injury/Damage: $200,000 per person
$600,000 per occurrence
B) Workers' Compensadon
If applicable, Contractor shall procure and maintain a policy that at least
meets t6e statutory minimum.
7.3 Certificates.
Prior to or concurrent with execution of this Contract, Contractor s6all file
certificates or certified copies of suc6 policies of insurance with Tri-City.
7.4 Failure to Provide Proof of Insurance.
Tri-City may withhold payments or immediately terminate this Contractor or
failure of Contractor to furnish proof of insurance coverage or to comply with
the insurance requirements as stated above.
7.5 Non-waiver.
Nothing in this Contract shall constitute a waiver by Tri-City of any statutory
limits or exceptions on liability.
5.06
_ �
8. SUBCONTRACTING
Contractor shall not enter into any subcontract for t6e performance of the services
contemplated under this Contract nor assign any interest in the Contract without
prior written consent of Tri-City.
9. DEFAULT
9.1 Inabilitv to perform.
Contractor shall make every reasonable effort to maintain staff, facilities, and
equipment to deliver the services to be purchased by Tri-City. Contractor shall
immediately notify Tri-City in writing whenever it is unable to, or reasonably
believes it is going to be unable to, provide the agreed upon quality of services.
Upon such notification, Tri-City shall determine whether such inability requires
a modificallon or cancellation of this Contract.
9Z Dutv to Mitigate.
Both parties shall use their best efforts to mitigate any damages which might be
suffered by reason of any event giving rise to a remedy hereunder.
10. TERNIINATION
10.1 With or Without Cause.
�
This Contract may be terminated, with or without cause, by Tri-City upon
thirty (30) days written notice.
10.2 Notice of Default.
Either party may terminate this Contract for cause by giving ten (10) days
written notice of its intent. Said notice shall specify the circumstances
warranting termiaation of this Contract.
5.07
10.3 Failure to Cure.
If the party ia default fails to cure the specified circumstances as described by
the notice given uader t6e above paragraph within the ten (10) days, or such
additional time as may be authorized by the party giving notice, then the whole
or any part of this Contract may be terminated by written notice.
10.4 Notice of Termination.
Notice of Termination shall be made by certified mail or personal delivery to
the authorized agent of the party. Notice of Termination is deemed effective
upon delivery to the address of the party as stated in paragraph 12.
10.5 Effect of Termination.
Termination of this Contract shall not discharge any liability, responsibility or
right of any party whic6 arises from tLe performance of or failure to
adequately perform the terms of this Contract prior to the effective date of
termination.
11. CONTRACT RIGHTS/REMEDIES
11.1 Ri�hts Cumulative.
Alt remedies available to either party under the terms of this Contract or by
law are cumulative and may be exercised concurrently or separately, and the
exercise of any one remedy shall not be deemed an election of such remedy to
the exclusion of other remedies.
11.2 Waiver.
Waiver for any default shall not be deemed to be a waiver of any subsequent
default. Waiver or breac6 of any provision of this Contract shall not be
construed to be modification for t6e terms of this Coatract unless stated to be
'rJ.08 .
such in writing and signed by authorized representatives of Tri-city and
contractor.
12. AUTHURIZED R�PRESENTATIVE
Notification required to be provided pursuant to this Contract shall be provided to the
following named persons and addresses unless otherwise stated in this Contract, or in
a modification of this Contract.
To Contractor:
Jerry Happel
Suite 201
3625 Talmage Circle
Vadnais Heights, MN 55110
13. MODIFICATIONS
To Tri-City:
Richard Fursman
City of Andover
1685 Crosstown Blvd
Andover, MN 55304
Any alterations, variations, modifications, or waivers of the provisions of this Contract
shall only be valid when they have been reduced to writing, and signed by authorized
representatives of Tri-City and Contractor.
14. SEVERABILITY
The provisions of this Contract shall be deemed severable. If any part of this Contract
is rendered void, invalid, or unenforceable, such rendering shall not affect the validity
and enforceability of the remainder of this Contract unless the part or parts which are
void, invalid or otherwise unenforceable shall substantially impair the value of the
enNre Contract with respect to eit6er party.
15. MERGER
15.1 Final A�reement.
This Contract is the final expression of the agreement of the parties and the
complete and exclusive statement of the terms agreed upon, and shall
5.09.
�
supersede alt prior negotiations, understandings or agreements. ' There are
not representations, warranties, or stipulations, eit6er oral or written, not
herein coatained.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the
date(s) indicated below.
CONTRACTOR
By:
Title:
Date:
5.10
TRI-CITY GIS ORGANIZATION
sy:
Title:
Date:
By:
Title:
Date:
By:
Title:
Date:
INTEROFFICE MEMORANDUM
TO: WILLIAM W. BURNS, CITY MANAGER
FROM: CHUCK MCKUSICK, FIRE CHIEF ,�
DATE: NOVEMBER 30, 1998
SUBJECT: FIRE INSPECTION AGREEMENT
Attached for your review, and approval by the City Council_is an agreement between the
City of Fridley and the Minnesota Department of Public Safety wherein the City agrees to
provide fire code compliance inspections of hotels and motels within the City at least once
every three years, and report its tindings to the State. We currently conduct such
inspections; accordingly, the a�reement does not present a budget issue. The agreement
can be terminated by either party upon 30 days notice. In exchange for this service, the
City receives free fire code trainin� for one inspector. This agreement is nearly identical
to the agreement approved by the Council for school inspections.
If Council approves the resolution, each copy of the agreement must be signed and
returned to our office for further handling.
cc: Richard H. Larson, Fire Marshall
dir: blemos\Bums9RlHotel [nsp Agr
6.01
Resolution Na. -1998 -
Resolution Approving Fire Code Inspection Agreement
with the Minnesota Department of Public Safety
Whereas, the City of Fridley Fire Department routinely conducts fire code compliance
inspections in hotels and motels within the City, and
Whereas, the State of Minnesota is also responsible for conducting such inspections, and
now desires to rely on the City for its inspections services, and
Whereas, in consideration of the City's contract performance, the State agrees to provide
fire code compliance training for one of City's inspectors, at no cost to the City;
NOW THEREFORE, BE IT RESOLVED, that the Agreement between the Minnesota
Department of Public Safety, State Fire Marshall Division, tendered to the City under
cover of its letter dated November 13, 1998, for the inspection of hotels and motels within
the City, is hereby approved.
ATTESTED:
DEBRA A. SKOGEN - CITY CLERK
6.�2 ,
Nancy J. Jorgenson, Mayor
;. ,
� �'���
i *'�
\ �► . ,
� . _,
Alcohol &
Gambling
Enforcement
Bureau of
Criminal
Apprehension
Capitol Security
Driver & Vehicle
Services
Emergency
Management/
Emergency
Response
Commission
State Fire
Marshal/
Pipeline Safety
State Patrol
Traffic Safety
MINNE30TA
PU6WC B�PCIY
= 1�.
_ ' �
State Fire Marshal Division
444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145
r'hone: 612/215-05Gu FAX: 612.215.0525 T I Y: 612/2is2-6555
Internet: http://www.dps.state.mn.us
November 13, 1998
Dear Richard Larson, Inspector,
I have enclosed six contracts for hoteUmotel inspections that will need
to be signed and returned to me for contract renewal. When all the
required signatures have been attained, I will send you two executed
copies for your files.
If you have any questions, you can reach me at (651) 215-0518.
C����.
Robbie Flo d �
y
Residential Inspection Program
s.o3
EQUAL OPPORTUNITY EMPLOYER
DEPA.RTMENT OF PUBLIC SAFETY
FIRE MARSHAL DIVISION
444 CEDAR STREET - SUITE 145
ST. PAUL, NIINNESOTA 55101-5145
- TRIENMAI., INSPECTION O�` HOT'�LS
This agreement is made by and between the State of Minnesota, Departrnent of Public Safety - Fire Marshal
Division (STATE) and
Minnesota (CONTRACTOR), address
WHEREAS, the STATE, pursuant to Minnesota Statutes: Section 229F.46, Subdivision 2, is empowered to enter
into an agreement with any county, two or more contiguous counties, or city or other municipality, and
WHEREAS, the Fire Chief of the above named fire department, dces hereby agree that a representative of the city's
fire departrnent will conduct all hotel inspections within their jurisdiction to ensure uniformity of enforcement
throughout the state, these inspections will be conducted in accordance with M.S. 299F.46, Subdivision l, and
WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth herein,
NOW TI-iEREFORE, IT IS AGREED AS FOLLOWS:
Section 1: Service to be Provided bv CONTRACTOR
CONTRACTOR shall triennially inspect every hotel within its jurisdiction and enforce the provisions of the
Minnesota Uniform Fire Code as it applies to those facilities, at no cost to the STATE.
CONTRACTOR shall furnish to the State Fire Marshal, for processing and service, a copy of the inspection report,
orders issued, and exit interviews; with documentation being submitted to the State Fire Marshal within 30 days.
CONTRACTOR shall requue all inspectors employed for the purposes of this agreement to successfully complete
the State Fire Marshal's Code Update Class, to be provided to the municipality by the STATE.
CONTRACTOR shall adopt ordinances establishing fire safety standards at least equivalent to the minimum
standards established by M.S. 299F.011 and the rules promulgated thereunder, as such statutes and rules amended.
The CONTRACTOR may enact ordinances with more stringent requirements.
CONTRACTOR shall attach to this contract a certified copy of the municipality's fire ordinance and a copy of the
council resolurion to enter into this agreement.
Section 2: Assistance to be Provided bv STATE
The STATE will discontinue inspection and enforcement actions in those facilities covered by this agreement. . The
STAT'E will provide, without cost to the CONTRACTOR, training, consultation and advise on rules promulgated by
the STATE which are enforced by the CONTRACTOR.
s.o4
The STATE will triennially review the CONTRACTOR'S program to determine its continued compliance with the
agreement. Triennial review criteria inctudes code interpretation, enforcement procedures, inspection results and
frequency, records completeness, and stafftraining.
Section 3• STATE' S Authorized Asent
The STATE'S authorized agent for the purposes of administration of this agreement is Jon Nisja, Bureau Chief,
State Fire Marshal Division. Such agent shall have final authority for acceptance of CONTRACTOR'S services and
if such services are accepted as satisfactory.
Section 4• Terms of AQreement
This agreement shall be effective on July 1, 1998, or upon the date that the final required signatwe is obtained by the
STATE, pursuant to Minnesota Statute 16C.05, Subd. 2., whichever occurs later, and shall remain in effect until
June 30, 2003, or until all obligarions set forth in this contract have been satisfactorily fulfilled, whichever occurs
first.
If the CONTRACTOR'S program is found by the STATE to be deficient, but under conditions that do not endanger
the fire safety of the community, the STATE may continue the agceement on a provisional status for a specific titne
period.
Section 5: Assi�nment
CONTRACTOR shall neither assign nor transfer any rights or obligarions under this agreement without the prior
written consent of the STATE.
Section 6: Amendments
Any amendments to this agreement shall be in writing, and shall be executed by the same parties who executed the
original agreement, or their successors in office.
Section 7: State Audits
The books, records, documents, and accounting procedures and practices of the CONTRACTOR relevant to this
agreement shall be subject to e�nination by the contracting department and the legislative auditor for a minunum
of six years from the end date of this agreement
Section 8: Liabilitv
The STATE and the CONTRACTOR agree that each party will be responsible for its own acts and the results
thereof to the extent authorized by law and shall not be responsible for the act of any others and the results thereof.
The STATE'S liability shall be governed by the provision of the Minnesota Tort Claims Act, Minnesota Statutes,
Section 3.376, and other applicable law. The CONTRACTOR'S liability shall be governed by the provisions of the
Minnesota Tort Claims Act, Minnesota Statutes, Section 466.01 - 466.15, and other applicable law.
Section 9: Cancellation
This agreement may be cancelled by the STATE or CONTRACTOR at any time, with or without cause, upon thirty
(30) days' written notice to the other party. ----- ---
6.0 'rJ
IN WIZNESS WHEREOF, the parties have caused this agreement to be duly executed intending to be bound
thereby.
APPROVED:
CONTRACTOR
COMRACTOR certifies that ffie appropriste
person(s) I�ve executed the agroemrnt on behaif of
the COi�fIRACfOR as rcquired by apPlicable
articles, by-lavvs, resoludons, or ordinanas.
BY:
TITLE:
DATE:
BY:
T'ITLE:
DATE:
STATE AGENCY OR DEPARTMENT;
(Authoriz,od Signature)
BY:
TITLE:
DATE:
ATTORNEY GENERAL:
APPROVED TO SIGN ON BEHALF
OF T'HE ATTORNEY GENERAL
AS TO FORM AND EXECUTION
BY:
DATE:
COMNIISSIONER OF ADMINISTRpTION:
BY:
DATE:
NO ENCUMBRANCE:
(Authorized Signature)
BY:
DATE:
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Fridley Police Department
Memorandum
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To: William W. Bums
From: Dave Sallman l',
Date: November 30, '19 8
Re: Youth Advisory Council
Attached is a resolution for consideration by the City Council at the December 7`�, 1998
Council Meeting. There were several terms used for the Youth Advisory Council during
the discussion at the November 16`�, 1998 Council Work Session. The intent is that the
"Youth Council" operate as sub-committee or sub-commission to the Human Resources
Commission.
Deborah Campobasso and Jeanie Robinson of the Recreation Department have agreed to
serve as staff liaisons to the Youth Advisory Council. They will be meeting with the
Human Resource Commission and myself on December 3'd, 1998 at 7:00 PM to discuss
recruitment and appointment of inembers.
Staff recommends approval.
7.01
_�
RESOLUTION NO. -1998
RESOLUTION ESTABLISHING A YOUTH ADVISORY
COUNCIL AND DETERMINING ITS MEMBERSHIP,
OFFICERS, MEETINGS AND DUTIES
WHEREAS, many issues arise in city government and the community as a whole that may be of
interest to youth and the community; and
WHEREAS, it is beneficial for the community and the youth to develop the citizenship skills of
youth in the community by working with the local government on such issues; and
WHEREAS, the city government can directly benefit from the advice and efforts of youth in the
community on the issues that confront the city; �
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Fridley
that:
1. A Youth Advisory Council is hereby created.
2. The Youth Advisory Council shall operate as a sub-committee of the Human Resources
Commission.
3. Its membership shall consist of nine members. The distribution shall be as follows;
Two from Grade 12
Two from Grade 11
One from Grade 10
One from Grade 9
One from Grade 8
One from Grade 7
One from Grade 6
Members shall be selected from within the City of Fridley:
4. T'he Youth Advisory Council shall elect its own chair and vice-chair.
5. The Youth Advisory Council shall meet once a month. No student shall serve as a youth
member on the Youth Advisory Council beyond August 31 in the yeaz in which the youth
graduates or in which they reach 19 years of age or they cease to be enrolled in school.
%. �i�
Resolution No. - 1998
Page 2
6. Youths are limited to one single consecutive two-year term. The youth may reapply after
one year's absence from the Youth Advisory Council as a voting member.
7. Each member of the council shall be entitled to vote at all regular and special meetings of
the Youth Advisory Council.
8. Youths with expired terms can act as advisors but not have voting privileges.
9. Regular meetings of the Youth Advisory Council shall be held at a minimum of once per
month. Specific times and locations to be determined at the first meeting along with the
selection of officers.
10. A majority of the members for the Youth Advisory Council constitute a quorum in order
to accomplish council business.
1 l. At least three days' notice reminder of each monthly special meeting shall be given to
each member of the Youth Advisory Council either personally or by mail addressed to
such member at the address appearing from the records of the Youth Advisory Council.
12. Such notice shall state the date, time, place and purpose of the meeting.
13. Any Youth Advisory Council member missing three meetings without a satisfactory
explanation to the Youth Advisory Council may forfeit his/her membership. The Youth
Advisory Council may recommend to the City Council that such a member be replaced
by a person to serve the remainder of that members term.
14. The Youth Advisory Council shall make recommendations as it deems necessary on any
City Council agenda items or other matters affecting youth in the community. It shall also
recommend ways to improve communication with students in area schools, consider a
recognition program for youth in the community, and consider recommendations for how
to interest and involve youth in local govemment. The Youth Advisory Council shall
monitor other City boards and councils for issues relating to youth and make
recommendations on them as it deems appropriate.
15. A Youth Advisory Council member who attends a meeting of the City Council as a
Representative of the Youth Advisory Council should follow these guidelines:
A. Copies of any report should be made available to each member of the City Council.
Such a report may be delivered orally.
B. The representative should answer questions about the Youth Advisory Council's
policies if these are addressed to him/her by the City Council .
7.03
Resolution No. - 1998
Page 3
16.
C. The representative should support the
and should not present his/her point
specifically asked.
Youth Advisory Council's majority report
of view nor that of the minority unless
D. The representative may ask the City Council to meet jointly with the Youth
Advisory Council before making a determination which reverses or is contrary to
the recommendation of the Youth Advisory Council.
E. Meetings for the summer months, June-July-August, can be suspended by a
majority vote of the Youth Advisory Council.
The officers of the Youth Advisory Council shall be a Chairperson, Vice-Chairperson and
Secretary.
A. The Chairperson shall preside at all meetings. - The duties of this office sha11 also
include; initiating meetings, calling meetings to order, doing public presentations or
delegating another member to do so, encouraging participation from all committee
members, following up on problems of inember non-attendance, arranging for
speakers at committee meetings, setting up agendas.
B. The Vice-Chairperson shall perform all of the duties of the Chairperson in his/her
absence. The duties of this office shall also include; assisting Chairperson with any
agreed upon task, perform duties of administrative recorder in his/her absence,
securing another member to perform these duties, setting up agendas.
C. The Secretary shall be responsible for keeping records of the Youth Advisory
Council and performing such other services for the Youth Advisory Council as are
customary to this role. The duties of this office shall also include; recording
member attendance at meetings, informing Chairperson of inembers that are
reaching the absence limit, taking minutes at meetings, setting up agendas, official
correspondence, seeing that staff person received minutes/agenda by deadline,
meeting with staff person for editing.
D. The Secretary shall be responsible for keeping records of the Youth Advisory
Council and performing such other services for the council as are customary to this
role.
F. The members shall elect all officers for the Youth Council for terms of one year and
each shall hold office until they shall resign or shall be removed or disqualified or
until their successors aze elected. Elections shall be held in September of each year.
7.04
Resolution No. - 1998
Page 4
G. In case any office of the Youth Advisory Council becomes vacant by resignation,
retirement, removal, disqualification, illness, death or any other cause, a majority
vote of the membership, shall elect an officer to fill the expired term. The officer
elected shall hold office and serve until the next election of officers.
H. The Chairperson shall appoint subcommittees as needed.
I. The Chairperson may appoint a chairperson for each subcommittee or may serve in
this capacity him/herself.
J. The Chairperson is an ex-officio member of all subcommittees.
17. The goals of the Youth Advisory Council are as follows:
A. To advocate for youth and their environment as a community priority;
B. To promote the development of youth socially, emotionally, spiritually,
educationally and physically;
C. To identify and prioritize unmet needs of azea youth;
D. To recommend strategies and solutions to meet identified needs of youth;
E. To encourage community involvement through dissemination of information;
F. To evaluate council activities on an ongoing basis;
G. To promote the seven identified core values of Values First;
H. To stand for and set a good example for all area youth.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF DECEMBER, 1998.
NANCY J. JORGENSON - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK •
7.05
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Fridley Police Department
Memorandum
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Tc�: William W. Bum t
From: Dave Sallman )
Date: December 3, 1998
Re: AED Grant
Attached is a resolution authorizing the Public Safety Director to sign agreements with the State
of Minnesota in order to receive two Automated External Defibrillators (AED). There are
currently AEDs in the Fire Department, but the current medical philosophy is to place one in
each squad car with the idea being that in the event of a heart attack, the most important factor
(from a first responder standpoint) is to get the victim defibrillated as soon as possible.
If we receive two AEDs from the State, we will have three tota� ( I won one at a conference last
year which will be donated to the City). Medtronic has also contacted us about providing some
funding for additional units. We believe that we will have enough to substantially place one in
each squad caz on duty at any given time at no expense to the City. Studies support that this will
greatly enhance survivability of future heart attack victims. We would anticipate obtaining the
AEDs and completing officer training sometime in 1999.
Staff recommends approval.
8.01
RESOLUTION NO. - 1998
RESOLIITION AUTHORIZZNG EXECUTON OF AGREEMENT
BE IT RESOLVED that the City of Fridley enters into a
cooperative agreement with the Minnesota Department of
Public Safety to receive two Automated External
Defibrillators.
NOW, THEREFORE BE IT RESOLVED by the City Council of the
City of Fridley that the Director of Public Safety is hereby
authorized to execute such agreements and amendments, as are
necessary to implement the project on behalf of the City of
Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF TI�E CITY OF
FRIDLEY THIS DAY OF , 1998.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
NANCY J. JORGENSON - MAYOR
8.�2
�
`
CRY OF
FRIDLEY
MEMORANDl1M
William W. Burns
City Manager
To: The Honorable Mayor and City Cou��ij
From: William W. Burns, City Manager�� `�
Date: December 3,1998
Subject: Southern Anoka County Community Consortium (SACCC)
At the SACCC meeting on December 2, we were asked to do two things. The
first thing was to readopt the joint powers agreement that establishes our
participation in the group. This is the same agreement that we have been party to
since approximately 1993. �
7'he other issue is an increased contribution to SACCC for the purpose of
providing a half-time Values First Coordinator. Currently we are contributing
$2,750 per year. The new rate would bring the amount to $4,959. It may be a
little less, depending on the size of the County's contribution.
The Values First Steering Committee had asked for funding for a full-time
coordinator. SACCC, however, determined that a half-time coordinator was the
best option. The thinking is that the half-time person would be expected to
search for grant funding that may enable the position to be expanded to full-
time. Our group generally felt, however, that Values First should have a larger
base of support than it currently has.
The Steering Committee is also proposing that Values First be reorganized.
Their assessment of the 9-sector strategy that they now have is that it is not
working. Instead, they would like to organize along the lines of task committees.
They are also recommending reorganization of the Values First leadership
structure. That organization is reflected in Attachment C.
On Monday evening, I would ask that you address the joint powers agreement as
part of the consent agenda. It does not commit us to a specific sum of money.
Then, as an informal item, I ask that you consider the increase in our
contribution. If you agree informally, the funding would be covered in our first
quarter 1999 supplemental appropriation.
I have also included a number of other attachments that were presented to the
SACCC Board in October. Thank you for your consideration of this matter.
9.01
RESOLUTION NO. -1998
RESOLUTION EXTENDING THE TERM OF THE SOUTHERN
ANOKA COUNTY COMMUNITY CONSORTIUM JOINT
POWERS AGREEMENT
WHEREAS, in June of 1995, a Joint Powers Agreement established the Southern Anoka County
Community Consortium, consisting of Anoka County; the cities of Columbia Heights, Fridley,
and Hilltop; and Independent School Districts 13 and 14; and
WHEREAS, the general purpose of this Joint Powers Agreement is to allow each party to jointly
and cooperatively coordinate the delivery of services, maximize the use of resources, avoid
redundancy, encourage public and private community partnership, and develop and fund
programs to promote the general community health and safety in the territory of the cities herein;
and
WHEREAS, a very successful example of this joint, cooperative effort is the establishment of the
community values program known as Values First, which has been recognized throughout the
country as a model for promoting core values consistently across all sectors of the community so
that youth and adults have a common, inclusive foundation upon which to operate.
NOW THEREFORE, BE IT RESOLVED, that the City of Fridley supports the efforts of the
Southern Anoka County Community Consortium and does hereby renew and enter into the
aforesaid Southern Anoka County Community Consortium Joint Powers Agreement until
December 31, 2000, unless earlier terminated or extended under the terms thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF DECEMBER, 1998.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
9.02
NANCY J. JORGENSON - MAYOR
Contract No. 950154
JO �T PO WERS AGREE:tiiE�E�iT
SOL�RN Alti'OKA COLTti"I'Y CON�'IG�'ZTY CONSORTIi,�i
"SACCC" _ _
The parties to this Aoreement are Anoka County, Ciry of Columbia Heiahcs, City of
Fridley, City of Hilltop, Independent School District No. 13, Independent School District
No. 14, all of which are governmental units of the State of Minnesoca. This A�rerment is
made pursuant to Minnesota Statutes, Section 471.59.
ARTICLE I. GE.��tERAL PURP4SE
The ;eneral purpose of this Aareement is to create an organization to be known as the
Southern Anoka County Community Consortium ("SACCG") throu;h which the parties may
joindy and cooperatively coordinace the delivery of services, maximize the use of resources,
avoid redundancies, encourage public-private community partnerships, and develop and fund
pro�rams to promote the general community health and welfare in che territory of the cities
herein.
ARTICLE II. PARTIES
Section 1. The aovernmental units eligible to be�ome parties to this A;reement are
Anoka County, City of Columbia Heights, City of Fridley, City of Hilltop, Independent
School District No. 13, Independent School District No. 14, and such other governmencal
units sharing common concerns and designated by the Board from time to time.
Section 2. Any eligible governmental unit desirin; to enter into this A;reement may �
do sa by the duly authorized execution of a copy of this Aareement by its proper officers.
Thereupon, the clerk or other corresponding officer of the governmental unit shall file a duly
execu[ed copy of the Agreement, together with a certified copy of the authorizing resolution
or other action, with the Board of Directors. The resolu[ion authorizina the execudon of the
Agreement snall also designate the first directors and alternate director.
9.03 .
ARTICLE III. BOARD aF DIRECTORS
Section 1. The governin� and policy-making responsibilities of SACCC shall be
_ ��ested in its Bcard of Directors, which sha�l control its orooerty, be responsible for its
finances, and direct its affa.irs. Each party shall be entided to two directors who shall have
one vote each.
Section 2. Each party shall also be encided to one alternate director who shall be
entitled to attend meetings of the Board and may vote in the absence of the parry's director.
Secrion 3. Directors and alternate directors shall be appointed by the aoverning body
of each party. Directors and alternates shall serve without compensa[ion from SACCC, but
may be paid expenses for attendance at meetings of, or on behalf of, the Board. A party
may provide compensation for its director or alternate director if such compensation is
authorized by such governmental unit and by law.
Section 4. There shall be no votin; by proxy, but all votes must be cast in person at
Board meetinDs by the director or alternate director.
Section 5. Directors and alternate directors shall be appointed to serve until their
successors are appointed and qualified.
Section 6. When the governina body of a party appoints a director or alternate
director, it shall give ao[ice of such appointment to the SACCC in writin;.
Section. 7. Any director or alternate director shall serve at the pleasure of the
governing body of the appointing pa.rty.
Section 8. A majority of the votes attributable to the parties shall constitute a quorum
of the Board.
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9.04 :
Section 9. The Board by majority vote may desi�nate ex-officio members who shall
be entitled to attend and participate in Board meetings, but shall not be entitled to vote.
Such ex-officio membezs shall serve for a term of two years, and may be re-appointed.
ARTICLE IV. POWERS A:ti'D DU"TIES OF 'THE BOARD
Section 1. The powers and dudes of the Board shall include the powers set torth in
this Article.
Section 2. It may employ a person to act as Executive Director of the Board and may
employ such other persons as it deems necessary to accomplish the purposes of this
Agreement, to carry out iu responsibilicies, or to effectuate irs powers. Any such persons
may be employed on a full-time, part-time, or consultina basis, as the Board may determine.
Section 3. It may make such contracts as the Board deems necessary and advisable to
make effective any power to be exercised by the Board pursuant to the provisions of this
Agreement.
Secdon 4. Ic may provide for any of its employees to be members of the Public
Employees Retirement Association and may make any required employer contribution to that
oraanization and any other employer contributions which municipalities are authorized or
required by law to make.
Section 5. It shall establish an annual budget. It may invest or reinvest funds not
needed for current operating expenses, if any, in the manner applicable by law to cities. Ic
shall not at any time incur obliaadons in excess of funds then available to it. Organization
funds may be expended by the Board in accordance with procedure established by laws for
the expenditure of funds by the members hereto. The Board, annually, shall appoint a fiscal
-3-
9.�� .
agent from among its members to sign orders, checks and dratts. Other le;al instruments
shall be executed on behalf of the Board by the chair and vice-chair.
Secdon 6. It shall mainta.in a strict accountina of aIl funds and report of all receipcs 4
and disbursements. It shall make a tinancial accountin; and report to the pardes at least
once each year and its books and records shall be audited annually and be available for and
open to examination by the parties at all reasonable times.
Section 7. It may accept gifts, apply for and use grants of money or other property
from the State of Minnesota or any other governmental or private oraaniza[ion and may enter
into agreements required in connection therewith and may hold, use, and dispose.of such
monies or property in accordance with che terms of the gift, ;rant, loan or aareement relacing
thereto.
Section 8. It may concract or lease for space, materials, services, and supplies with a
member party or elsewhere. Contracts let and purchases made shall be in conformance with
the requirements applicable to Anoka County.
Section 9. It shall have the power to enter into contracts with other a�encies,
companies, or individuals to provide services according to the terms of such contracts.
Section 10. Subject to the limitations contained in Minnesota Statutes 466.07, it shall
defend and indemnify directors, officers, and employees against claims for damages; costs
and expense incurred by any of such persons in connection with any action, suit or
proceeding in which such person may be involved by reaSon of such person's having been a
director, officer, or employee. Such defense and indemnification need not be exclusive of
other rights to which any such person would ocherwise be en[itled as a matter of law.
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9.06
Section 11. It may establish annual monetary contributions, and any supplements
thereto, from the member governmental units in amounts to be determined by the Board t;om
time to dme. Any such proposed annual contributions shall be reported to the mernber
governmental units at least two months prior to the end of SACCC's tiscal year and shall not
become effective until the commencement of the ensuin� fiscal year.
Section 12. It may bud;et for and purchase insurance a�ainst risks which may aris°
out of the opention of this A�reement, includin� the actions of the Board of Directors, its
officers, directors, employees, and member parties.
Section 13. It may exercise any other power necessary and incidental to the
implementation of its powers and dudes under the provisions of this A�reement.
ARTICLE V. MEETL�IGS - ELECTION A��1D DUTIES OF OFFICERS
Section 1. At the first meetin� of the Board of Directors of SACCC and at the annual
meeting of the Board each even-numbered year thereafter, the Board shall elect from its
members a chair and vice-chair. New officers shall cake office at the adjournment ot the
annual meeting of the Board a[ which they are elected.
Section 2. A vacancy shall immediately occur in the office of any officer upon
resignation, death, or otherwise upon such otficer ceasing to be a representa[�ve of a
oovernmecital unit. Upon vacancy occurrin; in any office, the Board shall fill such position
at its next meeting.
Section 3. At the organizadonal meeting or as soon thereafter as may reasonably be
done, the Board shall determine its procedures, including the time, place, frequency and
notice of its regular meetings and [he manner of callin� special meetings.
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9.07
ARTICLE �%I. WITHDR�W"?►i
Section l. Any member party may at any time oive writter, notice of withdrawal
from SACCC. A party withdrawin; from membership at a time when such withdrawai does
not result in dissolution of the or�anizaaon shall forreit its claim to any assets ot the^
organiza[ion, includin; any contribucions pursuant to Article IV, Section 11.
ARTICLE VII. DISSOLUTIOti
Section 1. The organizadon shall be dissolved whenever (a) a;ore;ate withdrawals of
member parcies representing more than one-half of the area populadon occurs, or (b) by a
majority vote of all members of the Board.
Section 2. Upon dissolution the remaining assets of the oroanization, after payment
of all obligations, shall be distributed among the then existing member paraes in proportion
to their contributions, as determined by the Board. If there have been no such contribucions,
the assets of the organizadon shall be recurned to Anoka County,
ARTICLE VIII. TERM
The term of this Agreement shall commence on January 1, 1997, and shall continue in
full force and effect until December 31, 1998, unless earlier terminated by the parties pursuant
to Articie VII of this agreement. This Agreement may be renewed fo� additional terms of two
years each by resolution of all of the governing bodies of the parties hereto, prior to the
expiration date of this Agreement.
ARTICLE IX. EFFECTIVE DATE
This Aoreement shall become efiective upon its execution by the parties hereto.
�
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IN WTI'Iv'FSS WHEREOF, the undersioned par'ses have caused this Agreement to be
executed on their behalf.
ATTEST: COiJti'TY OF r��iOK.4 ---
John "Jay" McLinden
County Administrator �
ATTEST:
By:
Title:
ATTEST:
By:
Title:
ATTEST:
By:
Tide: -
ATTFST:
By:
Tide:
9.09
By:
Dan Erhart, Cha.ir
Anoka Board of Commissioners
Date:
CITY OF COLU�IA HEIGHTS
By:
Date:
CITY OF FRIDLEY
By:
Date:
CITY OF HILLTOP
By:
Date:
I�YDEPE�tDE:�iT SCFi00L DISTRICT n13
By:
Date:
ATTEST:
Lv'DEPEr'DErT SCHOOL DISTRICT �1�
By: By; _ __— _
Tide: Date:
9.10'-
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Fridley Police Department
Memorandum
���
To: Wiiliam W. Bur
From: Dave Sallman � '
Date: December 3, 1998
Re: Values 1 st
I apologize for the format but I am a little tight on time today. I suspect the question may
arise as to what Values 1�` had to do with Project Safety Net , zone, etc. I think the
significant issue is that without the Values 1'� effort in place, we would never have had the
focus in that area. The first large grant that we used to expand Project Safety Net was an
effort by Values 13`/ SACCC/ Judy Yantos. The more interesting issue is where are we
going from here? I would like the opportunity to address tliat issue at a future date.
The attached is from Tom Johnson's (Columbia Heights Police Chiefl presentation to
SACCC on Sept. 9'�.
9.11
�r�
� � '...
'L' ...
�
1.
PRESENTATION OVTLINE FOR VALUFS F�tST
SFP'TEIV�ER 9,1998 _
How many ptogra�ns involve tha rntire commumiry. b��. schools, cMa�cha�.
seruors, city. wnacY. and citiZeas st latgc?
2. How oftcn do you aee vol�mteers carrY a ProB�m t� �e �C°t thst our vvhm�eds
have camed Values 1"?
3.
a.
0
'fhere comes s dme in e�►erY P'�S� thst votunt�eets jnrt can't d�o it oa t6�dr an�►u
any more. That timc has come fot Valuea l'� .
Lets look ac some of tha programs that have had tha'0 °'°�"°s �� Values 1` o�
are associated with Valud ist.:
A. Projcct Safety Net
H. The Zone
C. The Home Depot Kids and Seniots Building projects pro�am
, D. The Columbia Heigh� Youth Coaunission
E. �As�ec buiiding threugh t!►e Fridley and Colwnbia Heig,hts School
Districts
F. The Values 1" Neighborhaod Si�oa project
G. Participation ia the annual Youth First pro�a
H. Values 1" Business Program throuSt► the Southern Aaoka County
Chamber of Coramtrce
i. Values 1" Ftoat for Fridl�y Forty Niners DaYs and the Colwnbia Heights
Jaa1botee
J. Billboards and newspaper articles tellin8 P�ple �o� �e s�ven wre
values and how import�t they aze. Accicles� bY con�C�e
members explaiaing the values and $ivin8 examP►a of how thd7► should
b� used in our daily livcs.
ZO'd S00'oN bE�St 86`ZT �oN
9.12
ObISZOSZt9'oN �31
_ �.
211� J�1W� .�l3�QI21�.
Valuea 1" and sponsoredby the
�{. a�n�al Choir Concert to heip supp� _
Fridloy Columbia Heigb.b Ro��'Y �ub.
L. Speeches to Civic Groups, PTA's, and buaincss grouPs about
Values 1�.
M. Retuming mail aad phone calls co othet co �� � w do for� �'�
can only wish that th�Y h� � much go�8 �
ourselves.
N. Heafthy Stazt Prog�n. '�u8h U��/M�Y �d Allma
O. Assisdng SACA with plans fot' a n� bwl�g a`n`d how to gd this
accomplishcd
P. Echics and Value� training
for cvache� pa�ents a°d pa�cip�ts �n
org�izcd sports in our commusuties.
ro has a Iocal, m�tro, state and national rcputarion. Mai1 and Ph°ne
The Values 1" P� for iefomnation about nur proSrat�s� °� issues ar pK'oblCms
masages azo ceceived daily askin8
and our successes. Some of thc programs that M'e want to work on foT the fuhue i�clude:
.�
�
A, The Value's 1" Prize pa�trol teWBd�� �os� � o� ���a� �at t�nly hve the
5��� �on v�ueg day ��,a agy o�c•
B. A concinued focus on our schools and the You
ch who attend them cmn8 co enhaac� �
many assets as possible so that vut children will have the best Chan�e Pos��le fot
future suecess.
� the public eye, and b�"'�S a
.: ��;,;� �. C. A continnued presence in the communitY� s�'Y��he focus on tbe seven values �o tl�a1
��_� �' presence at CommunitY events� We m'�st kccp D We do.
� = '- ��e values in everYthi S
..,�._.�'`:;:' ��~�: '_ the community bcgins to model
... :
' - D. Truancy Center 550,000 Seed Grant
�,� . .
y� 'li tum the resentation oves to Kasen Schaub who w111 �ve you our �►is►on of
� At this pomt [ wt P
whcn the Values Is` program �*►i11 go from here.
TO"d 900'oN Ib�St 86`ZT ^�N
9.13
ObZSZOSZT9'�N �31
211J AlW�
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�
J43�QI ,
Responsiblity • Nonviolence • Self-Control • Citizenship • Integrity • Respect • Caring
Columbia Heights ♦ Hilltop ♦ Fridley
October l, 1998
Dear Southern Anoka County Community Consortium Member,
In 1992, SACCC was established to address some community concerns which had been
identified over a perceived deterioration of the area of Southern Anoka County. One
solution that was formulated came in the form of a healthy community initiative
promoting community values and assets based on the studies of Dr. Peter Benson of the
Search Institute. The healthy community initiatives have been forming all over the
country. In Anoka County alone, there are four including Values lst
In 1992, the social and political climate was such that there was a general impression that
our society was failing. Crime was emphasized in the media and political campaigns. The
youth gangs were taking over the metropolitan area. The population was fleeing the Twin
Cities and first ring suburbs in mass. The negative aspects were probably exaggerated at
that time. Today we have near full employment, the economy is strong, and the
perception is that our society is strong. Just as the negative aspects in society were
exaggerated in the eazly 90's, it is not as good as we would believe today. All of the
reasons for a healthy community initiative still exist. Drugs are still present in epidemic
proportions (think methamphetamine), violence (especially in the family) has not
disappeared, and much of the bragging that is prevalent concerning less crime is a
national demographic issue. Most crime is (and always has been) committed by the
younger segment of our population (teens and early twenties). The percentage of our
population in that category is comparably small right now. There is a boom of youth that
are entering the crime prone yeazs (predicted to be 2000-2010) that even if the rate of
crime for that population remains constant, we will see a significant increase in total
crime.
The value in healthy community initiatives such as Values ls` is not in programs. There
are countless good programs in our schools, government (Project Safety Net, recreation
programs, etc.), churches, youth sports, scout programs, and the list goes on. The value
that comes from promoting community values and assets is the impact that it has on those
who lead the programs. It is reminding the coaches, teachers, youth workers, police
officers, scout leaders, parents, and the rest of us that we have a responsibility to act as
role models and attempt to positively impact the youth that we deal with in addition to
teaching them to play hockey, math, etc. Many of these people volunteer their time
and/or got into their chosen field so that they can have a positive impact on the youth.
These people are in an incredible position to positively impact the values and lives of our
6085 7`� Street NE, F 9' 14 [innesota 55432
Telephone: 502-5 i u� • rax: 502-514Q
future and community. Values ls` is uniquely positioned to provide the support for these
people.
The �'aluzs 1 St ste�ring coriv-nittee car�ststs af proiessionals and voiunteer who have a -
finite amount of time to support this effort. There is a real need for additional staff time if
the Values ls` initiative is going to be successful. It is with this in mind that the attached
proposals are made. The Values ls` steering committee has invested much time and
thought in this process, and is making the recommendation of Option A, hiring a full time
Values ls` coordinator.
The members of SACCC need to answer the question as to the significance of this
community effort. We have gone through a fairly extensive planning process and believe
that we are positioned to have a positive impact. The size of that impact is going to
depend upon the support of the community and members of SACCC.
Sincerely,
Values ls` Steering Committee and Vision Team
9.15
Attachment C2 (Option B)
Values 15t Job Description
Mission of the Initiative
Is to provide a grassroots effort to mobilize all of our community in Southern Anoka County to
encourage positive values and youth development.
Job Title: Values 15` Iniriarive Coordinator (half time position)
Supervisor: Values 1�` Board of D'uectors
Job Summary: To provide leadership and support in the promotion of the
seven core community values across all of our communities.
Job Responsibilities:
1. Work with the Values 1� Board of Directors, iYs committees ��d the Southern Anoka Co �nt�
Consortium on a regular basis to develop vision, direction and annual action plan.
2. Build capacity of the community to enhance the assets and resiliency of all children in our
communities.
3. Recruit and coordinate work of all the volunteers and committees involved in Values 1�.
4. Over see the Values 1�` budget and make recommendation to the Southern Anoka County
Consortium for payment of bills.
5. Provide leadershi� and direction for fundraiS�ng and long term financial sP��,rit� for the
init�ative•
6. Write and seek o�t grants as a�� riate
7. Promote collaboration among existing partners, organizations and resources to achieve our
goals.
8. Coordinate community events, workshops, speeches and training as require by the Board of
Directors.
9. Develoc� and im f m nt a marketing plan for Values 1$`.
10. Make sure that appropriate outcomes and evaluation processes are in place for all projects
that are support by this initiative.
11. Keep appropriate records, minutes and budgets for Values 1� activities.
12. All other duties as assignad by the Chair of the Values 1$` Initiative.
Qualification:
1. Demonstrate experience in most of the following area:
• Marketing and public relations
• Program design and impfementation
• Volunteer development.
• Training
• Public Speaking
• Strategic Planning
• Grant Writing
2. Demonstrated experience providing leadership in collaborative projects,
3. Experience with budget management and fundraising.
4. Demonstrate experience with program planning, design, and implementation.
5. Experience facilitating planning processes and plan development.
6. Knowledge of Southern Anoka County area.
9.1s
Skills and Abilities:
1. Skills in mobilizing leaders and citizens.
2. Ability to work as a cooperative team member.
3. �trong speaking and wriiing
4. Ability to work independently.
Pe�sonality Traits:
1. Integrity
2. Wllingness to work some evenings and weekends
3. Initiative
4. Adaptability
5. Warmth and fiendliness
6. Enthusiasm
7. Modesty
Salary and Other Details:
• Contracted Position —$25/houc .
• Contract pay detertnined by the development of outcomes
. Hours varied as needed
. No benefits provided
. Begins January 1, 1999 to December 31, 1999
. Contract renewable by Board of Directors
• May office out of your home if you live in Southem Anoka County
9.17 i
�
Attachment A
Organizational Structure
1. Values 1�` Execurive Board will consist of
• 2 SACCC members
• 2 Values 1�` Steering Committee Members
• 1 Chair of Values 1�` Steering Committee
Objective: To oversee the direction of on-going budget, clarify priorities,
set work direction of the coordinator, and provide evaluation of the
coordinator.
2. Values 1�` Coordinator — see Values 1�` j ob description.
3. Values 1�` Steering Committee
Objecrive: To develop programs/services that support the mission of
Values 1 �` including
• Identifying tasks
• Staffing and recruiting of task groups
• Securing funding for smaller projects
3. Task Committees
Objective: To carry out the mission of Values ls` by producing programs
and acriviries.
SACCC
Values 1 st Executive Board
Values 1 st Coordinator � � Clerical S
Values 1 st Steering Committee
_ ____ _ ..
_� 9.18
Task Committee Task Committee Task Committee Task Committee
Attachment B
Task Committee #1
Promote Methods To Reduce Youth Violence
1. Meet with CH Youth Connection to develop an action plan.
2. Fridley — develop a Youth Commission and then do #1.
3. Ask for and identify current School District policies on violence.
4. Identify what happens when a student is suspended/brainstorm community and
school alternatives.
5. Brainstorm ideas/plans for follow-up of students who are identified as violent or
at risk of acting violent.
6. Participate in county-wide sports violence efforts.
7. Redevelop Peer Mediation programs.
8. Awareness of youth violence or threats/speaker — place to go for help in the
community and schools.
9.19
Task Committee #2
STAY IN THE PUBLIC EYE
l. Values Fair `"This is a way of life" - Develop a steering committee
- Deternzine committee chair, cost, time line and sponsorship
2. Values of the month.
3. Community Survey
4. Back to school workshop '
5. Youth/school leaders breakfast
6. School district calendars - value of the month
7. School district newsletters
8. City newsletters - an article each issue
9. Billboazds - Values lst & advertise the Values Fair
10. Assets/Values
11. Review list of PR ideas
9.20:
_��
Task Committee #3
INVOLVE THOSE WORKING WTTH YOUTH TO EVALUATE IMPACT OF VALUES iST
& ENGAGE THEM IN IDENTIFYING AND INVESTING IN FUTURE DIRECTIO S
Identify those working with youth
Churches
City Recreation Depaztment and School coaches _
Civic organizations & non-profits (Rotary, Scouts) & youth workers
Sports Associations
Survey those identified
Survey will have an introductory paragraph and include questions about familiarity with Values lst,
impact, pros, cons, suggestions, willingness to meet, etc. Surveys will be mailed and phone surveys
might be done, as well.
Gather Stackholders
Have a meeting for all interested stakeholders.
Facilitate a process to identify azeas of focus and implementation. Also, develop action plans
including how, when and who.
9.21
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9.22
�
Ontions for Values lst
Option A
•- Full time coordinator (average of 40 hours per week)
• Contracted position - $35,000 to $50,000 annually
• Organizational Structure recommendarion —(see attachment A)
• Job Description — (see attachment C1)
• 3 Task Committees and Action Plans —(see attachment B)
Option B
• Half time coordinator (average of 20 hours per week)
• $25/hour = $26,100 (1044 hours)
• Organizational Structure recommendation —(see attachment A)
• Job Description — (see attachment C2)
• 3 Task Committees and Action Plans —(see attachment B)
• Task Committees each receive small amount of money and fund raise for specific
P�J��
Option C
• Oae quarter time coordinator (average of 12 hours per week)
• $25/hour = $15,600 (625 hours)
• No SACCC responsibilities, only Values ls` duties
• Organizational Structure recommendation —(see attachment A)
� Job Description — (see attachment C3)
• 3 Task Committees and Action Plans —(see attachment B)
Option D
� No Values 1s` coordinator
• No SACCC coordination from Values ls`
• Task committees receive a small amount of money from SACCC to implement
various Values ls` projects, and each fund raises for specific projects
• Liaison from each task committee would report back to SACCC on status of Values
15` projects once or twice a year
• Values ls` phone line disconnected
• Values ls` Steering Committee no longer operates
Options , B. C. & D
• Develop a fund raising committee to aide continued funding of Values 15` projects
and coordinator
• Continue on-going support from SACCC at levels of contribution that exist now
Other Considerallons
• Name change to include the word "Youth" — Values 15t for Youth, for example
9.23
�
`
CffY OF
FRIDLEY
To:
From:
Date:
MEMORANDIIM
William W. Burns, City Manager �'� �
,
Sara S. Hill, Human Resources Manager r ��
�ir
December 3, 1998
Re: Pay Equity Compliance
Sara S. Hill
Human Resources Manager
(612) 572-3507
As you know, the City of Fridley is required to submit a Pay Equity report every three years to
the Minnesota Department of Employee Relations under the 1984 Local Government Pay Equity
Act. Fridley's number has come up again and our next report is due by January 31, 1999.
After running the preliminary numbers for 1998, I found that we were out of compliance due to
an inequity in our underpayment ratio between men and women. After consulting with Ann
Antonsen of Labor Relations Associates, Inc., we found that most of the inequities between male
and female classes were minor and that they could be "fixed" by increasing the maximum
salaries of 7 female-dominated classes (PT Liquor Store Clerk II, ReceptionistlLicense Clerk,
Police Technician, Secretary, Senior Secretary, Crime Prevention Specialist and City Clerk = 23
employees). The increases range from $2.00 per month to $36.00 per month. After a complete
calculation, we have found that there is minimal cost to the City to achieve compliance. The
total cost to the City would be $175.00 per month or $2100.00 per year. After researching all
options, we found this to be our best and least costly solution.
It is my recommendation that we ask the City Council for their approval in regards to these
increases and make them effective December 1, 1998. This will ensure our compliance as of
December 31, 1998, as instructed by the Minnesota Department of Employee Relations.
I have attached a Resolution for the Council's consideration.
Thank you for your attention to this matter.
10.01
RESOLUTION NO. -1998
A RESOLUTION AUTHORIZING AN INCREASE IN
COiVIPENSATION FOR SELEC'T FETvIAI�E EMPLOYEES IN kEGARDS TO
PAY EQUITY COMPLIANCE
WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable
compensation to Fridley City Employees within budgetary constraints; and
WHEREAS, the City of Fridley intends to comply with the Minnesota Local Government Pay
Equity Act; and
WHEREAS, an adjustment of employee salaries is warranted in order to achieve compliance
under the Minnesota Local Government Pay Equity Act;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the
following adjustments and changes be authorized for select female employees of the City of
Fridley, effective December 1, 1998:
1. A total increase of $175.00 per month to adjust the salary maximums of seven (7) female
dominated classes.
PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS
DAY OF , 1998.
DEBRA A. SKOGEN - CITY CLERK
10.02
NANCY J. JORGENSEN - MAYOR
�
�
CRY OF
FRIDIEY
To
From:
Date:
MEMORANDUM
William W. Burns, City Manager �
� �
Sara S. Hill, Human Resources Manager ^�
�
December 1, 1998
Re: 1999-2000 Police Contract
Sara S. Hill
Human Resources Manager
(612) 572-3507
I am pleased to present the labor agreement, the baseline and settlement form and a resolution
setting forth terms and conditions of employment for Police Officers in 1999 and 2000.
Apart from changes in dates, names and correction of typographical errors, the following are the
changes for 1999-2000:
1. Article 14. Court Time.
Article 14 adds the following language: "If the court appearance is during the employee's
off-dury time and the court appearance is cancelled, the employee will be notified by the
end of the business day (S: 00 p. m.) preceding the court appearance. If notification of
cancellation is not given by the end of the business day (5:00 p.m.) preceding the court
appearance, the employee will receive three hours pay at one and one half times the
employee's base rate ofpay.
2. Article 15. Call Back Time.
Article 15 increases call-back time from two to three hours. Article 15 also adds the
following language: "An employee who works extra-duty work (outside employment)
during the employee's scheduled off-dury time shall receive a minimum of two hours pay at
one and one half times the employee's base rate.
3. Article 17. Insurance.
Section 17.1 raises employer contributions towards the flexible benefit plan from $345.00
to $378.00 per month for dependent coverage.
Section 17.2 raises employer contributions towards the flexible benefit plan from $210.00
to $230.00 for single coverage.
11.01
3. Article 22. Wage Rates.
. �
Section 22.1 and 22.2 raises wage rates by 3% over the wage rates for 1998 and 1999.
Section 22.3 and 22.4 provide for a$25.00 increase in the wage differentials.
4. Article 25. Annual Leave
Section 25.61anguage reflects the change in our annuai leave sell-back policy and will read:
"Once a year, as designated by the City, an employee who has completed five years of
service with the Ciry will have the opportuniry to exchange up. to forty hours of accumulated
leave for cash. "
5. Article 26. Holidavs.
Section 26.2 adds new language: "For any overtime hours worked on a holiday employees
will be paid two times their base rate of pay. "
6. Article 31. Employee Education Program
Section 31.2 raises tuition reimbursement limits from $2250.00 to $2925.00 per employee
per year.
I request that you present this contract to City Council for consideration at their meeting of
December 7, 1998, with the recommendation for approval.
Cc: Dave Sallman, Public Safety Director
Gary Lenzmeier, Deputy Public Safety Director
Frederic W. Knaak, City Attorney
Cyrus F. Smythe, Labor Relations Associates, Inc.
11.02
Resolution No. - 1998
A RESOLUTION AUTHORIZING THE SIGNING OF AN
EMPLOYMENT AGREEMENT BETWEEN POLICE OFFICERS
AND THE CITY OF FRIDLEY.
WHEREAS, Law Enforcement Labor Services, Inc., as bargaining representative of the
Police Officers of the City of Fridley, has presented the City of Fridley various requests
relating to their employment contract with the City of Fridley; and
WHEREAS, the City of Fridley has presented various requests to the Union and to the
employees relating to the Police Officer's employment contract with the City of Fridley;
and
WHEREAS, representatives of the Union and the City have met and negotiated regarding
the requests of the Union and the City; and
WHEREAS, agreement has now been reached between the representatives of the two
parties on the proposed changes in the existing contract between the City and the Union;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said
Agreement and that the Mayor and the City Manager are hereby authorized to execute the
attached Agreement (E�ibit A) relating to the 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 7� DAY OF DECEMBER, 1998.
Attest:
Debra A. Skogen
11.03
Nancy J. Jorgensen - Mayor
EXHIBIT A
LABQR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119
1999 and 2000
11.04
LABOR AGREEMENT
BET'WEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119
1999 and 2000
TABLE OF CONTENTS
ARTICLE
1. Purpose of Agreement
2.
3
0
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Recognition
Definitions
Employer Security
Employer Authority
Union Security
Employee Rights - Grievance Procedure
Savings Clause
Seniority
Discipline
Constitutional Protection
Work Schedules
Overtime
Court Time
11.05 ;
'
PAGE
1
1
1
3
3
3
4
7
7
8
8
8
9
9
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
Callback Time
Working out of Classification
Insurance
Standby Pay
Uniforms
P.O.S.T. Training
Longevity and Educational Incentive
Wage Rates -
Legal Defense
Probationary Periods
Annual Leave
Holidays
Short Term Disability
Funeral Pay
Jury Pay
Compensatory Time
Employee Education Program
Pay for Investigators or School Resource Officer
BMS Case No. 8�5-PN-486-A, Issue 8
Waiver
Duration
11.06'
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10
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10
11
11
11
11
12
13
14
14
15
15
16
16
16
17
18
18
18
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LABOR AGREEMENT
BETWEEN
�Ci 1 Y OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 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
employment for the duration of this Agreement.
Article 2. Recognition
2.1 The Employer recognizes the Union as the exclusive representative, under
Minnesota Statutes, Section 179A.03, subdivision 8, for all police personnel in the
following job classifications:
1. Police Officer
2. Police Corporal
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or
exclusion of a new or modified job class, the issue shall be submitted to the
Bureau of Mediation Services for determination.
Article 3. Definitions
3.1 Union
Law Enforcement Labor Services, Inc.
3.2 Union Member
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11.07
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A member of the Law Enforcement Labor Services, Inc.
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3.3 Emplo,�e
A member of the e.cclusively recognized bargaining unit.
3.4 Deparhnent
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 Investi �ator/Detective
An employee specifically assigned or classified by the Employer to the job
classification and/or job position of Investigator/Detective.
3.9 Overtime
Work performed at the express authorization of the Employer in excess of the
Employee's scheduled shift.
3.10 Scheduled Shift
A consecutive work period including rest breaks and a lunch break.
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3.11 Rest Breaks
- Periods duri�g tY��e scr�:,duled shi€t ~durin� �h�cir ��e Erriployee remains on
continual duty and is responsible for assigned duties.
3.12 Lunch Break
A period during the scheduled shift during which the Employee remains on
continual duty and is responsible for assigned duties.
3.13 Strike
Concerted action in failing to report for duty, the willful absence from one's
position, the stoppage of work, slow-down, or abstinence in whole or in part from
the full, faithful and proper performance of the duties of employment for the
purposes of inducing, influencing or coercing a change in the conditions or
compensation or the rights, privileges or obligations of employment.
Article 4. Employer Security
The Union agrees that during the life of this Agreement that the Union will not cause,
encourage, participate in or support any strike, slow-down or other interruption of or
interference with the normal functions of the Employer.
Article 5. Employer Authority
5.1 The Employer retains the full and unrestricted right to operate and manage all
manpower, facilities, and equipment; to establish functions and programs; to set
and amend budgets; to determine the utilization of technology; to establish and
modify the organizational structure; to select, direct, and determme the number of
personnel; to establish work schedules, and to perform any inherent managerial
function not specifically limited by this Agreement.
5.2 Any term and condition of employment not specifically established or modified by
this Agreement shall remain solely within 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.
6.2 The Union may designate employees from the bargaining unit to act as a steward
and an alternate and shall inform the Employer in writing of such choice and
11.09
changes in the position of steward and/or alternate.
6.3 The Employer shall make space available on the employee bulletin board for
posting.Union n�tice(s) �nd ar�nounc�mentEs). - _.
6.4 The Union agrees to indemnify and hold the Employer harmless against any and all
claims, suits, orders, or judgments brought or issued against the 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 specific terms and conditions of this Agreement.
7.2 Union Representatives
The Employer will recognize Representatives designated by the Union as the
grievance representatives of the bargaining �unit having the duties and
responsibilities established by 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 6.2 of this Agreement.
7.3 Processing of a Grievance
It is recognized and accepted by the Union and the Employer that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities
of the Employees and shall therefore be accomplished during normal working hours
only when consistent with such Employee duties and responsibilities. The
aggrieved Employee and a Union Representative shall be allowed a reasonable
amount of time without loss in pay when a grievance is investigated and presented
to the Employer during normal working hours provided that the Employee and the
Union Representative have notified and received the approval of the designated
supervisor who has determined that such absence is reasonable and would not be
detrimental to the work programs of the Employer.
7.4 Procedure
Grievances, as defined by Section 7.1, shall be resolved in conformance with the
following procedure:
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Step l.
An Employee claiming a violation concerning the interpretation or application of
this Agreement shall, within twenty-one (21) calendar days after such alleged
violation has occurred, present such b ievan�e io +_hP Emr?eyee's sup�r�isor as
designated by the Employer. The Employer-designated representative will discuss
and give an answer to such Step 1 grievance within ten (10) calendar days after
receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in
writing setting forth the nature of the grievance, the facts on which it is based, the
provision or provisions of the Agreement allegedly violated, the remedy requested,
and shall be appealed to Step 2 within ten (10) calendar days after the Employer-
designated representative's final answer in Step 1. Any grievance not appealed in
writing to Step 2 by the Union within ten (10) calendar days shall be considered
waived.
Step 2.
If appealed, the written grievance shall be presented by the Union and discussed
with the Employer-designated Step 2 representative. The Employer-designated
representative shall give the Union the Employer's answer in writing within ten
(10) calendar days after receipt of such Step 2 grievance. A grievance not resolved
in Step 2 may be appealed to Step 3 within ten (10) calendar days following the
Employer .designated representative's final answer in Step 2. Any grievance not
appealed in writing to Step 3 by the Union within ten (10) calendar days shall be
considered waived.
Step 2a.
If the grievance is not resolved at Step 2 of the grievance procedure, the parties, by
mutual 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 Employment
Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be
made in accordance with the "Rules Governing the Arbitration of Grievances" as
established by the Bureau of Mediation 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
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the Employer and the Union, and shall have no authority to make a decision
on any other issue not so submitted.
b. . The arbitrator—sh�11 bP with�ut p�wer -t� �nake decisions con�rary �o, or
inconsistent with, or modifying or varying in any way the application of
laws, rules, or regulations having the force and effect of law. The arbitrator's
decision shall be submitted in 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 extension. The decision shall be binding on
both the Employer and the Union and shall be based solely on the
arbitrator's interpretation or application of the express terms of this
Agreement and to the facts of the grievance presented.
c. The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by the Employer and the Union provided that each party shall
be responsible for compensating its own representatives and witnesses. If
either party desires a verbatim record of the proceedings, it may cause such a
record to be made, providing it pays for the record. If both parties desire a
verbatim record of the proceedings the cost shall be shared equally.
7.6 Waiver
If a grievance is not presented within the time limits set forth above, it shall be
considered "waived." If a grievance is not appealed to the next step within the
specified time limit or any agreed extension thereof, it shall be considered settled
on the basis of the Employer's last answer. If the Employer does not answer a
grievance or an appeal thereof within the specified time limits, the Union may elect
to treat the grievance as denied at that step and immediately appeal the grievance to
the next step. The time limit in each step may be extended by mutual written
agreement of the Employer and the Union in each step.
7.7 Choice of Remedv
If, as a result of the written Employer response in Step 2 or 2a, the grievance
remains unresolved, and if the grievance involves the discipline of an Employee
who has completed the required probationary period, the grievance may be
appealed either to Step 3 of Article 7 or to the Civil Service Commission. If
appealed to the Civil Service Commission the grievance is not subject to the
arbitration procedure as provided in Step 3 of Article 7. The aggrieved Employee
shall indicate in writing which procedure is to be utilized - Step 3 of Article 7 or the
appeal procedure in the Fridley Police Department Civil Service Rules and
Regulations - and shall sign a statement to the effect that the choice precludes the
aggrieved Employee from making a subsequent appeal through Step 3 of Article 7.
Except that with respect to statues under the jurisdiction of the United States Equal
Employment Opportunity commission, an employee pursuing a statutory remedy is
not precluded from also pursuing an appeal under this grievance procedure.
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Article S. Savings Clause
This Agreement is subject to the laws of the United States, the State of Minnesota
a:�d ±he City of Fridley. In th� �v�n� any �,ro � ision-of this �grzzmen� shall '�e i�eid
to be contrary to law by a court of competent jurisdiction from whose final
judgment or decree no appeal has been taken within the time provided, such
provisions shall be voided. All other provisions of this Agreement shall continue in
full force and effect. The voided provision may be renegotiated at the written
request of either party.
Article 9. Seniority
9.1 Seniority shall be determined by the employee's length of continuous employment
with the Police Department and posted in an appropriate location. Seniority rosters
may be maintained by the Chief on the basis of time in grade and time within
specific classifications.
9.2 During the probationary period, a newly hired or rehired employee may be
dischaxged at the sole discretion 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 �vill
classification assignments
employees are equal.
be given preference with regard to transfer, job
and promotions when the job-relevant qualifications of
9.5 Senior qualified employees shall be given shift assignments preference after
eighteen (18) months of continuous full-time employment.
9.6 One continuous scheduled annual leave period shall be selected on the basis of
seniority until March 1 st of each calendar year. After March 1 st, scheduled annual
leave shall be on a first come first served basis.
9.7 Employees shall lose their Seniority for the following reasons:
a.
�:�
c
Discharge, if not reversed;
Resignation;
Unexcused failure to return to work after expiration of a vacation or formal
leave of absence. Events beyond the control of the employee which prevent
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11.13
the employee from returning to work will not cause loss of seniority;
d. Retirement.
Article 10. Discipline
10.1 The Employer will discipline employees for just cause only. Discipline will be in
one or more of the following forms:
a. oral reprimand;
b. �vritten reprimand;
c. suspension;
d. demotion; or
e. discharge.
10.2 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 an employee's personnel file shall be read and acknowledged by
signature of the employee. Employees and the Union will receive a copy of such
reprimands and/or notices.
10.4 Employees may examine their own individual personnel files at reasonable times
under the direct supervision of the Employer.
10.5 Discharges will be preceded by suspension without pay for forty (40) regularly
scheduled working hours unless otherwise required by law.
10.6 Employees will not be questioned concerning an investigation of disciplinary
action unless the employee has been given an opportunity to have a LTNION
representative present at such questioning.
10.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the
grievance procedure under Article 7.
Article 11. 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:
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a. hours worked on assigned shifts;
b. holidays;
c. assigned training; - -
d. authorized leave time.
12.2 Nothing contained in this or any other Article shall be interpreted to be a
guarantee of a minimum or maximum number of hours the Employer may assign
employees.
Article 13. Overtime
13.1 Employees �vill be compensated at one and one-half (1-1/2) times the employees
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. _
13.2 Overtime will be distributed as equally as practicable.
13.3 Overtime refused by employees will for record purposes under Article 13.2 be
considered as unpaid overtime worked
1"3.4 For the purpose of computing overtime compensation overtime hours worked
shall not be pyramided, compounded or paid twice for the same hours worked.
13.5 Overtime will be calculated to the nearest fifteen (15) minutes.
13.6 Employees have the obligation to work overtime or call backs if requested by the
Employer unless unusual circumstances prevent the employee from so working.
Article 14. Court Time
An employee who is required to appear in Court during his scheduled off-duty time shall
receive a minimum of three (3) hours pay at one and one-half (1-1/2) times the
employee's base pay rate. If the court appearance is during the employee's off-duty time
and the court appearance is canceled, the employee will be notified by the end of the
business day preceding the court appearance. (Business Day ends at S:OOpm)
If notification of cancellation is not given by the end of the business day preceding the
court appearance, the employee will receive three (3) hours pay at one and one-half (1-
1/2) times the employee's base pay rate. An extension or early report to a regularly
scheduled shift for Court appearance does not qualify the employee for the three (3) hour
minimum.
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Article 15. Call Back Time
An employee who is called to duty during the employee's scheduled off-duty time shall
- reee�ve Z minimur:i of tl�.ree-�3) n�urs' Yay at �7e a�.nd ore-�alf �I-1/2) times the
employee's base pay rate. An extension or early report to a regularly scheduled shift for
duty does not qualify the employee for the three (3) hour minimum.
An employee who works extra-duty work (outside employment) during the employee's
scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half
( 1'/z) times the employee's base pay rate. �
Article 16. Working out of Classification
Employees assigned by the Employer to assume the full responsibilities and authority of a
higher job classification shall receive the salary schedule of the higher classification for
the duration of the assignment. _
Article 17. Insurance
17.1 The Employer will contribute up to a maximum of three hundred seventy-eight
dollars ($378.00) per month per employee toward health, li€e and long-term
disability insurance, in accordance with the Employer's flexible benefit plan, for
employees choosing dependent coverage for calendar year 1999.
17.2 The Employer will contribute up to a maximum of two hundred thirty dollars
($230.00) per month per employee toward health, life and long-term disability
insurance, in accordance with the Employer's flexible benefit plan, for employees
choosing single coverage for calendar year 1999.
17.3 By mutual agreement each employee may us� up to fifteen dollars ($15.00) per
month of health insurance dollars in 17.1 and 17.2 for group dental insurance
offered through the City, in accordance with the Employer's flexible benefit plan.
17.4 The Employer will provide group term life insurance with a maximum of
$25,000.00 per employee and additional accidental death and disability insurance
with a maximum of $25,000.00 per employee. Provided that the total City cost for
all insurance premiums does not exceed the amount set forth in this Article.
17.5 The Employer and the Union agree to renegotiate the provisions of this Article for
the year 2000.
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Article 18. Standby Pay
Employees required by the Employer to standby shall be paid for such standby time at the
rate of one hour's pay for each hour on standby.
Article 19. Uniforms
The Employer shall provide required uniform and equipment items.
Article 20. P.O.S.T. Training
20.1 The City shall assign training at City expense for Police Officers 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.
Article 21. Longevity and Educational Incentive
Effective July 1, 1978, the following terms and conditions are effective, except 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 supplementary pay based
on educational credits as outlined in 21.6 of this Article.
21.2 After eight (8) years of continuous employment each Employee shall choose to be
paid supplementary pay of five percent (5%) of the Employee's base rate or
supplementary pay based on educational credits as outlined 21.6 of this Article.
21.3 After twelve (12) years of continuous employment each Employee shall choose to
be paid supplementary pay of seven percent (7%) of the Employee's base rate or
supplementary pay based on educational credits as outlined in 21.6 of this Article.
21.4 After sixteen (16) years of continuous employment each Employee shall choose to
be paid supplementary pay of nine percent (9%) of the Employee's base rate or
supplementary pay based on educational credits as outlined in 21.6 of this Article.
21.5 Employees may choose supplementary pay either for length of service or for
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11.17
90-134
135 - 179
180 or more
5%
7%
9%
Not all courses are to be eligible for credit. Courses receiving quali ing 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 Principles of Psychology (8 credits) is
required before talking Psychology of Police Work (3 credits), completion of those
courses would yield a total of eleven qualifying credits, C.E.U.'s (Continuing Education
Units) in job-related seminars, short courses, institutes, etc. shall also be counted.
The Employer shall determine which courses are job related. Disputes are grieveable
based on the criteria outlined in the award of Minnesota Bureau of Mediation Services
Case No. 78-PN-370-A.
Article 22. Wage Rates
22.1 The following hourly wage rates will apply for 1999:
Start
After six months
After one year
After two yeazs
After three years
$14.61
$15.72
$17.97
$20.19
$22.44
22.2 The following hourly wage rates will apply for 2000:
Start
After six months
After one year
After two years
After three years
$15.04
$16.19
$18.50
$20.79
$23.11
22.3 Employees classified or assigned by the Employer to the following job
classifications or positions will receive one hundred eighty dollars ($180.00) per
month or one hundred eighty dollars ($180.00) pro-rated for less than a full month
in addition to their regular wage rate:
Investigative (detective)
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After rivo yeazs
After three years
$20.79 **A.�ceady .2,i.a�ed on pnev�oue
$23.11 Pa9e' �� ,`�
;����
22.3 E^:pl ;yPes classif e� �� SS3i�x�� �;y t'�e Er�gioyer t� Lh� f�i�ozvir�b jc�
classifications or positions will receive one hundred eighty dollars ($180.00) per
month or one hundred eighty dollars ($180.00) pro-rated for less than a full month
in addition to their regular wage rate:
InvestiQative (detective)
School Resource Officer
Juvenile Officer
Dog Handler
Paramedic
22.4 Employees classified by the Employer to the following job classification will
receive nvo hundred thirty dollars ($230.00) per month or two hundred thirty
dollars ($230.00) pro-rated for less than a full month in addition to their regular
�vage rate:
Corporal
22.5 An employee certified for and assigned to Field Training Officer (FTO) duties shall
receive a minimum of one hours pay at the overtime rate for each complete shift
worked as a 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 litigation because of proven negligence, or non-observance,
or non-observance of laws, or of a personal nature, may not receive legal defense
by the municipality.
23.2 Any employee who is charged with a traffic violation, ordinance violation or
criminal offense arising from acts performed within the scope of his employment,
when such act is performed in good faith and under direct order of his supervisor,
shall be reimbursed for attorney's fees and court costs actually incurred by �such
employee in defending against such charge.
23.3 Employer will provide protection for all Employees against false arrest charges.
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11.19
Article 24. Probationary Periods
All newly hired or rehired employees �vill serve a twelve (12) months probationary
periad. _
Article 25. Annual Leave
2�.1 Each Employee shall be entitled to annual leave away from employment with pay;
Employees shall accrue annual leave based on an average eight (8) hour work day.
Annual leave may be used for scheduled or emergency absences from employment.
Annual leave pay shall be computed at the regular rate of pay to which such an
employee is entitled; provided, however, that the amount of any compensation
shall be reduced by the payment received by the employee from workers'
compensation insurance, Public Employees Retirement Association disability
insurance, or Social Security disability insurance. An Employee's accumulation of
annual leave will be reduced only by the amount of annual leave for whiGh the
Employee received compensation. - -
25.2 Seniority shall apply on scheduled annual leave up to March lst of each year. After
Mazch 1 st, scheduled annual leave shall be on a first come, first serve 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 successive 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 (1S) years (180 successive months) shall
accrue annual leave at the rate of twenty-six (26) days (208 hours) per year,
beginning with the one hundred eighty-first (181st) month of successive
employment.
These rates are based on a forty hour regular work week. The actual amount
credited to an employee in any given pay period shall be prorated according to the
actual number of regular hours worked during that pay period. Hours worked on
overtime, callback, or standby shall not enter into the calculation of the accrual of
annual leave.
25.4 Once a year, at a time designated by the City, an employee who has completed five
(5) years of service with the City, will have the opportunity to exchange up to foriy
(40) hours of accumulated annual leave for cash.
25.5 An Employee who wishes to take advantage of the catch-up provision of the
I.C.M.A. Retirement Corporation may exchange as many days as desired for cash
under the following conditions:
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11.20
26.1 Employees will accrue eight (8) hours of holiday leave for each of eleven (11)
holidays in a calendar year.
26.2 In addition to the eleven (11) holidays, Employees assigned to the Patrol Division
shall be paid at one and one-half(1-1/2) times their base rate of pay for all hours
worked on the actual holiday between the hours of midnight and midnight. For any
overtime hours worked on a holiday employees will be paid two (2) times their
base rate of pay.
26.3 Employees, with approval, may use accumulated Holiday leave time in any hourly
increment the employee chooses.
Article 27. Short Term Disability
27.1 Calculation of the short-term disability benefit shall be based on an average eight
(8) hour 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 (21st)
consecutive working day on which 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
the one hundred and tenth (110th) working day (880`� regularly scheduled working
hour) of absence, whichever occurs first. Such an employee shall also be entitled to
full pay commencing on the eleventh (l lth) consecutive working day on which the
employee is absent (after absence for 80 consecutive regularly scheduled working
hours) due to a physician-certified illness or injury on the job and continuing until
the employee returns to work able to carry out the duties and responsibilities of the
employee's position or through the one hundredth (100th) working day (800th
regularly scheduled working hour) of absence, whichever occurs first. The amount
of any compensation for the short term disability 6enefit shall be reduced by any
payment received by the disabled employee from workers' compensation
insurance, Public Employees Retirement Association disability insurance, or Social
Security disability insurance. Payment of short term disability benefit by the City to
an employee shall not exceed ninety (90) working days (720 working hours) for
any single illness or injury, regardless of the number and spacing of episodes. The
annual leave balance of an employee receiving short term disability benefit shall
not be reduced, nor shall such employee accrue annual leave during that period.
27.2 Before any short term disability payments are made by the City to an employee, the
City may request and is entitled to receive a certificate signed by a competent
physician or other medical attendant certifying to the fact that the entire absence
was, in fact, due to the illness or injury and not otherwise. The City also reserves
the right to have an examination made at any time of any employee claiming
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11.21
payment received by the disabled employee from workers' compensation
insurance, Public Employees Retirement Association disability insurance, or Social
Security disability insurance. Payment of short term disability benefit by the City to
an emplc�yee shall not exceed.nanety �90�worlc�n� days (72Q wo_rk_ing 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.
27.2 Before any short term disability payments are made by the City to an employee, the
City may request and is entitled to receive a certificate signed by a competent
physician or other medical attendant certifying to the fact that the entire absence
was, in fact, due to the illness or injury and not otherwise. The City also reserves
the right to have an examination made at any time of any employee claiming
payment under the short term disability benefit. Such examination may be made on
behalf of the City by any competent person designated by the City when the City
deems the same to be reasonably necessary to venfy the illness or injury claimed.
27.3 If an employee hired before January 1, 1984, has received payments under the
injury-on-duty provisions of previous contracts, the number of days for which
payment was received will be deducted from the number of days of eligibility for
coverage under short term disability for that same injury.
Article 28. Funeral Pay
Funeral leave will be granted to full time employees up to a maximum of twenty -
four (24) scheduled hours. Funeral leave is granted 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 time
employees serving on any jury the difference in salary between jury pay and the
employee's regular salary or pay while in such service.
Article 30. Compensatory Time
Management reserves the right to approve compensatory time in lieu of overtime
pay. Compensatory time shall not be accumulated in excess of twenty-four (24)
hours, and must be used within the calendar year in which it was accumulated as
determined by the employer. �
Article 31. Employee Education Program
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Article 31. Employee Education Program
31.1 The City will pay certain expenses for certain education courses based on the
_ _. _ ._ ,
following criteria:
a. The training course must have relevance to the employees' present or
anticipated career responsibilities. Attendance shall be at a City approved
institution. The course must be approved by the Department Manager. Financial
assistance will be extended only to courses of%red by an accredited institution.
This includes vocational schools, Minnesota School of Business, etc.
31.2 Programs Financial Policy
Financial assistance not to exceed the amount of two thousand nine hundred
twenty-five dollars ($2,925.00) per Employee per year will be extended to cover
the cost of tuition, required books or educational materials, and required fees
related to the course. Charges for student union membership, student health
coverage and other charges for which the student receives some item or services
other than actual instruction will not be paid. The City will pay 50% of the cost of
tuition in advance of the employee's actual participation in the course and the
employee shall pay 50% of the cost. Upon successful completion of the course, an
employee will be required to present to his Department Head a certification of
satisfactory work. Satisfactory work is defined as follows:
a. In courses issuing a letter grade, a C or above is required.
b. In courses issuing a numerical grade, 70% or above is required.
c. In courses not issuing a grade, a certification from the instructor that the
student satisfactorily participated in the activities of the course is required.
31.3 If the Employee satisfactorily completes the course, the Employee will be
reimbursed for the additional 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 any course required books, educational materials or fees. If the Employee
fails to satisfactorily complete the course, the Employee will not be reimbursed for
these costs.
31.4 The program will not reimburse the Employee for the hours the Employee spends
in class, only for the tuition.
31.5 Expenses for which the Employee is compensated under some other educational or
assistance program, such as the GI bill, will not be covered.
31.6 The City will not pay tuition or other costs for those courses which are used to
make the Employee eligible for additional salary. •
17
11.23
Article 32. Pay for Investigators or School Resource Officer
- Employees receiving the one hundred ei dollars $18�.��i
�t3' ( ) per montfi differenfial pay "
shall not be eligible for the overtime provisions of the contract applicable to Police
Officers, but they shall be eligible to receive overtime at time and one-half the Employee's
regular base rate of pay if the Employee is assigned by the Employer to work in excess of
the number of hours allowed by the Fair Labor Standards Act for the work period chosen
by the Employer in accordance with the special overtime exemptions for public safety
employees.
Article 33. BMS Case No. 85-PN-486-A, Issue 8
The City shall establish a minimum of two months between each shift change in the
rotation. �
Article 34. Waiver
34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment, to the extent inconsistent with the
provisions of this Agreement, are hereby superseded.
34.2 The parties mutually acknowledge that during the negotiations which resulted in
this Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any term or condition of employment not removed by law
from bargaining. All agreements and understandings arrived at by the parties are
set forth in writing in this Agreement for the stipulated duration of this A�eement.
The Employer and the Union each voluntarily and unqualifiedly waives the right to
meet and negotiate regarding any and all terms and conditions of employment
referred to or covered in this Agreement or with respect to any term or condition of
employment not specifically referred to or covered by this Agreement, even though
such terms or conditions may not have been within the knowledge or
contemplation of either or both of the parties at the time this contract was
negotiated or executed.
18
11.24
Article 35. Duration
This Agreement shall be effective as of the first day of January, 1999, and shall remain in
fail for�e a��d ei�ect u'Zraagh the thir�-first day of Dece�r�b;.., 200J. I� ��'itness wh�reaf,
the parties hereto have executed this Agreement on this day of 1998.
FOR CITY OF FRIDLEY
William W. Burns, City Manager
FOR LAW ENFORCEMENT LABOR SERVICES, INC
•les Bengtson�usiness Agent
! — `� --v � c� L�
Steward
I hereby recommend approval of this agreement.
Mayor
�nager
)irector
19
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QiY OF
FRIDLEY
CLAIMS
DECEMBER 7,1998
CLAIMS _
84313 - 84498
12.01 �
r
�
CfTY OF
FRIDLEY
Tvpe of License
CIGARETTE SALES
Shorewood, Inc.
6161 Highway 65 NE
Fridley, Minnesota 55432
ENTERTAINMENT
Main Street Restaurant and Bar
7820 University Avenue NE
Fridley, Minnesota 55432
FOOD
Taco Bell Restaurant #20117
7295 University Avenue NE
Fridley, Minnesota 55432
L� IQUOR
Spikers Beach Club
7651 East Highway 65
Fridley, Minnesota 55432
LICENSES
DECEMBER 7, 1998
�
James Nicklow
Approved Bv: Fees:
Police Department $ 125.00
Fire Department
Planning; Inspection
Wendy K. Benincasa Police Department $ 885.00
Fire Department
Planning;Inspecrion
Erica Bertram Police Department $ 35.00
Fire Department
Planning; Inspection
Gordon Skamser, Jr. Police Department $ 400.00
Fire Department
Planning;Inspection
13.01;
_,
�
�
��
FRIDLEY
LICENSES
GENERAL CONTRACTOR-COMMERCIAL
A 1 Roofmg
5261 Edina Industrial Blvd �
Edina MN 55439 Roy Thomas
Coronet Company Inc
2849 Blackstone Ave
St Louis Park MN 55416 Russell Van Hoof
Coty Construction �
1001 6 Street S
Hopkins MN 5533 Pat Coty
Lunds Handyman Service
4009 Louisiana -Ave N
New Hope MN 55427 Steven Lund
New CC Inc
1900 Oakcrest Ave STE #6
Roseville MN 55112 Eric Bickuese
Velander Construction
2436 Garfield Ave S
Minneapolis MN 55405 Pat Velander
GENERAL CONTRACTOR-RESIDENTIAL
A 1 Roofmg (20127056)
5261 Edina Industrial Blvd
Edina MN 55439 Roy Thomas
Coty Construction(9356)
1001 6 Street S
Hopkins MN 55343 Pat Cory
Pioneer Mobile Homes Inc (7116)
8741 Hwy 65 NE
Blaine MN 55434 Jeff Comiskey
Top Notch Exteriors (20050151)
218 Lyndale Ave
Maple Plain Mn 55359 ___Stenhen Gravelle Jr
13.02
-- �
RON JULKOWSKI
Building Official
Same
Same
Same
Same
Same
STATE OF MINN
Same
Same
Same
Westphal Roofmg (3927)
686 141 Lane
Andover MN 55304
SIGN ERECTOR
Advanced Awning Design
1600 29 Street
Cloquet MN 55720
Sign A Rama
2950 White Bear Ave
Maplewood MN 55109
Roger Westphal
Chris Milosevich
Dean Hafner
13.03 ;
Same
RON JULKOWSKI
Building Official
Same
�
f
CfTY OF
FRIDLEY
Frederic W. Knaak, Esq.
Holstad and Knaak, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
ESTIMATES
DECEMBER 7, 1998
Services Rendered as City Attorney
for the Month of November, 1998 ...............................:...................... $ 4,670.00
14.01
��
TO: WILLIAM W. BURNS, CITY MANAGER ��
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
ALAN D. FOLIE, ASSISTANT FINANCE DIRECTOR
SUBJECT: TRUTH IN TAXATION PUBLIC HEARING NOTICE
DATE: December 4,1998
Attached is a copy of the 1999 Truth in Taxation Public Hearing Notice which appeared in the
Fridley Focus on December 3, 1998. We have also included a copy of the Budget Summary which
incorporates the General, Special Revenue and Capital Projects Funds. This information is
required by the Department of Revenue and fulfills a requirement as set out in the Truth in Taxation
Legislation and is in compliance with the City of Fridley Charter.
Prior to adjournment of the hearing, the City must announce the date, time, and place for the
adoption hearing, which will be December 14�' if a continuation hearing is not necessary.
RDP/af
Attachment
15.01
0
. _ _ _ � .`�' ....
, Notice of Proposed . � - -� `. . � . ���..•.°_� . .
� :.,..
. Total Budget and Propertyg Taxes _;: ; � � � �
. . .... ,.. -, �
The Fridley ciry council will hold a public hearing on its budget and on the.
amount of property taxes it is proposing to collect to pay for.the costs of ser=;=� �
vices the city will provide in 1999. ,. � "r ;
SPENDING: The total budget amounts below compare the city's 1998�total�'' .
actual budget with the amount the city proposes to spend in 1999. ,�
1998 Total Proposed 1999 Change From ...:
. Actual Budaet Budget 1998-1999 .
$12,384,876 $15;006,763 • 21.2% :.. . ..
TAXES: The property tax amounts below compare the portion of the current �
budget levied in property taxes in the City of Fridley for 1998 with the property �.
taxes the county proposes to collect in 1998. � ,-. �`a
��
, ;
1998 Property Proposed 1999 Change from
Taxes PrQp� Taxes 1998-1999 � � � '
$4,010,570 - � $4,034,919 .6°/a �
� � Attend the ,Public Hearing ,
Atl Fridley city residents are invited to attend the public hearing of the city .
council to express their opinions on the budget and on the proposed amount �
of 1999 property taxes. The hearing will be held on: � � '_ '°
� .. . - �.
Monday, December 7 at 7:30 p rr� _. y �. ,=
Fridley Municipal.Center i�� .. '
,,:.:
� - 6431 University Avenue NE - � . `=`". '" � ,
F�idley � ;
You are invited to send your written comments to: . •
City of Fridley, Mayor's Office, 6431 University Avenue, NE
• ' � Fridley, MN 55432 � ., . ,
. . . . . , .. . . . . � � �" . .�.. ..;.,..:::T �
_ __
15.02 -
a
CITY OF FRIDLEY, PUBLIC NOTICE
in accordance with Section 7.04 of the City Charter, the following city Manager's budget for fiscal year 1999 has been
submitted to the City Council. The Public Hearing on the budget will be held on December 7, 1998 at 7:30 p.m.
at the Fridley Municipal Center.
GENERALFUND
Taxes and Special Assessments:
Current Ad Valorem
Delinquent, Penalties,
Forteited
Special Assessments
Licenses and Permits:
Licenses
Permits
intergovernmental:
Federal
State-
Homestead and Agriculture
Credit Aid
Local Government Aid
Local Performance Aid
All Other
Charges for Services:
HRA
Water Fund
SewerFund
Storm Water Fund
Liquor Fund
Cable N Fund
Construction Funds
All Other
Fines and Forfeits
Interest on Investments
Miscellaneous Revenues
Other Financing Sources:
Sales of General Fixed Assets
Closed Debt Service Fund
Liquor Fund
TOTAL REVENUES AND OTHER
FINANCING SOURCES
Fund Balance:
General Fund Reserve
TOTALGENERALFUND
aaFrIAL REVENIlE FLlND�
Cabie N Fund
Grant Management Fund
Solid Waste Abatement Fund
Housing Revitalization Fund
Fund Balance
TOTAL SPECIAL REVENUE FUNDS
rAPITAL PRO,lEGTS FLlNDS
Capital Improvement Fund
Taxes - Current Ad Valorem
HACA
Interest on Investments
Donations
Fund Balance
TOTAL CAPITAL PROJECTS FUNDS
AGENCYFUND
Six Clties Watershed Fund
Taxes - Current Ad Valorem
HACA
TOTAL SIX CITIES WATERSHED FUND
TOTAL ALL FUNDS
ESTIMATED
REVENUE
a3,825,521
54,062
2.588
182.067
471,257
5,000
1,038,950
1,884.587
34,413
548,211
255,880
159,987
154,150
85.887
81,217
23,317
60,639
355,802
181,589
435,000
152,350
15,000
232,900
170,000
10,188,154
888.782
$11,074,936
$104,541
204,973
270,000
250,000
104,491
a�
$70,550
15,000
417,225
30,000
2,457,225
E2.990,000
$8.197
1,825
$7.822
515,006,783
William W. Burns, City Manager 15.�3
Legislative:
City CounCil
Planning Commissions
t�ther i:ommissions
City Management:
General Management
Personnel
Legal
Finance:
Elections
Accounting
Assessing
MIS
City Cle�k/Records
Police:
Police
Civil Defense
Fire:
Fire
Rental Housing Inspections
Public Works:
Municipal Center
Engineering
Lighting
Park Maintenance
Street Maintenance
Recreation:
Recreation
Naturalist
Community Development:
Building Inspection
Planning
Reserve:
Emergency
Nondepartmental:
APPROPRIATtONS
388,139
1,�53
8,600
272.693
131,017
298,280
0
559,168
137,835
212.877
113,076
3,501,219
12,645
809,844
93,182
213,584
458,816
203,795
826,157
1.243,287
774,648
246,474
247,903
437,189
102.569
76.408
$11,074,938
General Capital Improvement
Streets Capital Improvement
Parks Capital Improvement
Six Cities Watershed
$181,479
197,751
324,775
250,000
3934,005
�
5479,500
2,210,000
300,500
a2.sso,000
a�,s2z
57,822
�
515,�
�
� FRIDLEY CITY COUNCIL MEETING OF
a�r�roF DECEMBER 7, 1998
FRIDLEY
INFORMAL STATUS REPORTS
16.01