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CCA 07/24/2017 CITY COUNCIL MEETING OF JULY 24, 2017 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. (TTD/572-3534) CONFERENCE MEETING (5:30 p.m.) Liquor Market Study Analysis CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE. PR OCLAMATION: Night to Unite – August 1, 2017 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 10, 2017 .......................................................... 1 - 9 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Fridley City Code, Section 102.01, Disposal of Lost and Stolen Property, to Allow for the Private Sale of Unclaimed Property to a Nonprofit Organization with a Significant Mission of Community Service and Resolution Approving Private Sale of Bicycles that have been Declared as Unclaimed Property to a Local Non-Profit Community Organization for the Calendar Year 2017 .......................................................................... 10 – 16 FRIDLEY CITY COUNCIL MEETING OF JULY 24, 2017 PAGE 2 NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of June 21, 2017 ........................................................ 17 - 18 3. Final Plat Request, PS #17-03, by Kurt Manufacturing Co., Inc., to Replat the Property by Taking Two Irregular Shaped Lots and Creating Two Rectangular Shaped Lots, Generally Located at 7585 Highway 65 N.E. and Resolution Approving Final Plat, P.S. #17-03, by Kurt Manufacturing Company Incorporated to Create Two Rectangular Shaped Lots from the Properties Located at 7585 Highway 65 N.E. and the Vacant Lot to the East of 7585 Highway 65 N.E. (Ward 2) ............................................................................ 19 - 21 4. Receive Bids and Award Contract for the Main Street Drainage Improvements Project No. 17-486 to Lametti & Sons, Inc. .................................................................................. 22 - 26 5. Claims: 1707 (ACH PCard) and 177308 - 177535 ...................................... 27 - 64 OPEN FORUM, VISITORS: Consideration of items not on Agenda – 15 minutes. ADOPTION OF AGENDA: PUBLIC HEARING: 6. Consider Transferring Property from the City of Fridley to the Fridley Housing and Redevelopment Authority for Development; and First Reading of an Ordinance Pursuant to Section 12.06, of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Conveyance Thereof .............................................................................. 65 - 70 FRIDLEY CITY COUNCIL MEETING OF JULY 24, 2017 PAGE 3 OLD BUSINESS: 7. Second Reading of an Ordinance Amending Fridley City Charter, Chapter 7, Taxation and Finances ....................................................................................................... 71 - 75 NEW BUSINESS: 8. Resolution Abating the Street Rehabilitation Project No. ST 2016-01 on PIN Number 26-30-24-32-0028 (Ward 3) .......................................................................... 76 - 81 9. Resolution Authorizing Signing an Employment Agreement between Certain Employees Represented by Local No. 1986 (Firefighters) ............................................. 82 - 108 10. Approve a Memorandum of Understanding between the City of Fridley and the Rice Creek Watershed District for a 2017 Metropolitan Council Stormwater Grant for the Fridley Civic Complex (Ward 1) ............................................... 109 - 121 st 11. Approve Change Order No. 1 for the 71 Avenue Watermain Project 17-513 ............................................................................ 122 - 124 12. Informal Status Reports ................................................................................ 125 ADJOURN. _____________________________________________________________________________________________ _~r{p|pƒx~} _____________________________________________________________________________________________ WHEREAS, the Minnesota Crime Prevention Association, along with AAA, and local law enforcement agencies are sponsoring a statewide program called “Night to Unite” on August 1, 2017; and WHEREAS, Night to Unite is designed to get to know one another in your neighborhood, build neighborhood involvement by bringing police and communities together; and to bring an awareness of crime prevention and local law enforcement efforts; and WHEREAS, Night to Unite supports the idea that crime prevention is an inexpensive, effective tool in strengthening police and community partnerships; and WHEREAS, Night to Unite provides opportunities to celebrate the ongoing work of law enforcement and neighborhoods in the City of Fridley by working together to fight crime and victimization and increase public safety for all citizens; and WHEREAS, the citizens of the City of Fridley play an important role in assisting the Fridley Police Department through joint crime, drug and violence prevention efforts; NOW, THEREFORE, BE IT RESOLVED that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim Tuesday, August 1, 2017, as: NIGHT TO UNITE BE IT FURTHER RESOLVED, that I, Mayor Scott J. Lund, do hereby call upon all citizens in the City of Fridley to participate in Night to Unite on August 1, 2017. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed th this 24 day of July, 2017. _______________________________________ Scott J. Lund, Mayor CITY COUNCIL MEETING CITY OF FRIDLEY JULY 10, 2017 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:04 p.m. ROLL CALL: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director Shelly Peterson, Finance Director James Kosluchar, Public Works Director David Ostwald, 6675 East River Road NE Pat Gabel, 5947 – 2 ½ Street NE Brad Slawson, 18407 Highway 65 NE, East Bethel PRESENTATION: Anoka County Commissioner Jim Kordiak. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked about the extension on a variance and how many times Council should allow this to happen. Scott Hickok , Community Development Director, replied that Council has had extension requests before that have to do with budgeting for a project. There been situations in the past that have gone to a third extension. Councilmember Bolkcom said she cannot remember when we have done that many. Hopefully in the next year, he can get this done. They should indicate in the letter that this would be the end of any extensions. APPROVAL OF MINUTES: City Council Meeting of June 26, 2017. APPROVED. FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2017 PAGE 2 NEW BUSINESS: 1.Preliminary Plat Request, PS #17093, by Kurt Manufacturing Co., Inc., to Replat the Property by Taking Two Irregular Shaped Lots and Creating Two Rectangular Shaped Lots, Generally Located at 7585 Highway 65 N.E. (Ward 2) APPROVED. 2.Extension Request for Variance, VAR #14-03, by James Lange, for Two Variances which will Allow a Single Stall Garage to be Expanded to a Double Stall Garage, Generally Located at 6940 Hickory Drive N.E. (Ward 3) APPROVED. 3.Claims 177203 – 177307. APPROVED. ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed Consent Agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Martinez spoke about a letter he sent to Jim Kosluchar regarding the flooding of their businesses. He asked Council to consider the minimum the group is asking for; which is the second option. This would solve the issue and is what should have been done before. Mayor Lund said that Council did have a copy of the letter. Staff has been very interested in trying to help him and the other businesses in that area. This had to be done correctly so businesses downstream were not affected. Staff has to cooperate with other jurisdictions and the County. It is not a simple fix. It all comes down to engineering and cost factors. Councilmember Bolkcom asked what the next steps would be. Jim Kosluchar , Public Works Director, replied the option for added capacity and the higher performing option is in draft form in the Capital Investment Program that was discussed at the conference meeting tonight. Staff made sure that this is a prioritized project. The next step is to make a final design and go out for bids which may happen this fall. The City needs to have a discussion with the watershed district. If other funding sources are available, staff will try to pursue them. FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2017 PAGE 3 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING/NEW BUSINESS: 4.Consider Issuing an On-Sale Intoxicating Liquor License to Brad Slawson of Route 47 Pub and Grub, Located at 7820 University Avenue N.E.; and Motion to Approve an On-Sale Intoxicating Liquor License for Route 47 Pub & Grub, Located at 7820 University Avenue N.E. (Ward 3). MOTION by Councilmember Varichak to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:24 P.M. Deb Skogen , City Clerk, stated Brad Slawson has applied for an on-sale intoxicating liquor license to operate Route 47 Pub & Grub, a restaurant located at 7820 University Ave NE (formerly known as Pickle Park or The Park). Section 603.07 of the City Code requires a public hearing be held to consider the on-sale intoxicating liquor license. A notice of the public hearing was published in the Fridley SunFocus on June 30, 2017, meeting the ten day advance notice requirement. Ms. Skogen said Mr. Slawson has experience in restaurant management and is the owner of Route 65 Pub & Grub in Ham Lake. Mr. Slawson is aware of the food to liquor ratio and understands the importance of food sales. The Police Department completed their background investigation and found no issues with the business or the applicant. Ms. Skogen said Section 603.07.1.D. allows the City Council to approve the liquor license on the same night as the public hearing. Staff recommends the following actions: Hold the Public Hearing for an on-sale intoxicating liquor license for Brad Slawson; and Motion to approve on-sale intoxicating liquor license and other related business licenses to Brad Slawson, Applicant, for Route 47 Pub & Grub located at 7820 University Avenue NE. th Brad Slawson said he appreciated Council’s support. This is his 12 year in the business, which is focused on food, but they will have alcohol for sale plus entertainment on the weekends. FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2017 PAGE 4 Route 65 is in their fifth year of business and they have never had a police officer called and they work hard for that not to happen. He hopes to bring that to Route 47--offering good food, a safe environment and fair pricing. Councilmember Bolkcom said if there is a situation where they need to call the police, they should make sure they do that so things do not get out of hand. She asked when they were opening. Mr. Slawson replied that they plan to open before or after Labor Day weekend. He stated they train staff to call police if needed, and he would feel comfortable to call police for safety reasons. They try hard to prevent that type of behavior. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:34 P.M. MOTION by Councilmember Bolkcom to approve the On-Sale Intoxicating Liquor License for Route 47 Pub & Grub, located at 7820 University Avenue N.E. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 5.First Reading of an Ordinance Amending Fridley City Charter, Chapter 7, Taxation and Finances. Deb Skogen, City Clerk, stated Minnesota Statute Section 410.12, Subd. 7, allows for charter amendment by ordinance upon recommendation of the Charter Commission. It requires a notice of public hearing and publication of the full text of amendment at least two weeks prior to the public hearing. On May 15, 2017 the Charter Commission recommended an amendment to Chapter 7 to City Council. The public hearing was scheduled on May 22, 2017. The public hearing notice and text of the amendment was published in the official newspaper on June 2, 2017. The public hearing was held on June 26, 2017, and there was no opposition to the amendment. Ms. Skogen said the Charter Commission had discussed and reviewed Chapter 7 extensively over the past year in light of budget constraints due to the restrictions placed in the Charter in 2000. The amendment to Section 7.02.1 proposes to remove the inflationary Consumer Price Index (CPI), allowing Council to increase tax levy up to 5% over the previous year’s tax levy. The Charter Commission also recommended the Council have the ability to increase the previous year’s tax levy up to an additional 3% with an affirmative vote of four members of the City FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2017 PAGE 5 Council. A few other amendments were required to correct inconsistencies with Minnesota State Law and general accounting standards. Ms. Skogen stated the amendment requires a first and second reading and a unanimous vote of the City Council to become adopted. If adopted, the amendment becomes effective 90 days after publication (Nov 2). Staff recommends waiving the reading and holding the first reading on the proposed amendment to Fridley City Charter Chapter 7. Taxation and Finances. David Ostwald, 6675 East River Road, Chair of the Charter Commission, said this decision was not made lightly and the Charter Commission spent seven months going over data. The Charter Commission consists of 15 members, and they came to an overwhelming agreement that the Charter needed to be changed. There has been great support to send this to Council to vote on this. Mayor Lund thanked the Charter Commission for their willingness to consider this change. He feels confident and comfortable that Council will take this serious. For the last 17 years, Council only had one choice when it came to the budget. If we were short, things had to be cut because property taxes could not be raised. He appreciates the work of the Charter Commission. Pat Gabel, 5947 – 2 ½ Street NE, stated the former Charter change was detrimental to the City and she is in support of this change. MOTION by Councilmember Barnette to waive the reading of the ordinance and approve the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6.First Reading of an Ordinance Amending Fridley City Code, Section 102.01, Disposal of Lost and Stolen Property, to Allow for the Private Sale of Unclaimed Property to a Nonprofit Organization with a Significant Mission of Community Service. Deb Skogen, City Clerk, stated the Police Department receives approximately 70 to 100 lost, unclaimed or stolen bikes annually. Currently, City waits 60 days for the proper owner to claim a bike. If unclaimed, bikes are auctioned off with the current auction company, Propertyroom.com. The Police Department spends a significant amount of time entering data into Propertyroom.com, labeling each bike, and assisting in loading the truck for pick-up. Ms. Skogen said the proceeds from sales are deposited to the City’s general fund. Bikes sell from $6 to $25. The City receives 50% of the sale. The majority of bikes are sold in groups of up to 10 bikes due to the condition of the bikes. In 2016, the City received $142 for bikes sold on Propertyroom.com. Staff is looking for efficiency in disposing of unclaimed, lost or stolen bikes. This amendment would save police staff time, allow for sale to a private local nonprofit community organization. The bikes would be refurbished and repaired and distributed throughout the community. FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2017 PAGE 6 Ms. Skogen said at this time, the Police Department would like to sell the bikes to the Fridley- Columbia Heights Rotary Club at a cost of $2 per bike. The Rotary Club would work with Bikes 4 Kids to refurbish, repair and distribute bikes. The cities of Blaine, Lino Lakes, St. Paul and Spring Lake Park are working with Bikes 4 Kids. Staff recommends a motion waiving the reading and holding the first reading of the ordinance. Brian Weierke , Public Safety Director, said they are trying to give back to the community and the way the ordinance reads now they have to sell the bikes through an auction. The amendment makes sense and saves staff time. When a bike is found, they have to wait 60 days for the bike to be claimed and after that it is abandoned property. This allows us to donate the bike for a good cause. MOTION by Councilmember Saefke to waive the reading of the ordinance and approve the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7.Resolution Approving and Authorizing Signing an Agreement with Sergeants of the City of Fridley Police Department for the Years 2017, 2018 and 2019. Debbie Dahl, Human Resources Director, said the Police Sergeants (LELS Local #310) have been unionized since 2003. They are one of three labor groups, and currently have six members. In the future, they plan to move an inspector over, so there will be seven in all. The current contract expired on December 31, 2017, and because they are essential employees, they cannot strike. They must reach an agreement or it goes to arbitration. We met on three occasions to discuss interests and could not reach a settlement. The Union filed for mediation with the Bureau of Mediation Services. Mediation was conducted on June 15, 2017, which resulted in a tentative agreement. Ms. Dahl said the Sergeants’ union recognizes the burdens of the City’s economic conditions due to the levy restriction and the priorities of the new civic campus. Wages are always the center of the discussions and the market was the primary issue with this unit with a desire to remain competitive. The challenge has been to agree on which cities we compare to. Our history has consistently showed that all groups (union and non-union) continue to lag behind the market in base wages. Ms. Dahl stated in 2006, the City revised the general compensation policies and identified 15 cities that were believed to be similar in size, make-up, kinds of services provided, proximity, etc. In 2015, the list was revised slightly by department managers. The Sergeants’ unit and the City could not agree on a mutual list in order to determine the market. This resulted in working with a mediator to come to an overall agreement. The key issues included good discussions, no final list established and both parties agreed on the terms presented in the memo. Keeping pace with the market is critical. Recruitment and retention is difficult if we do not remain competitive and fair internally as well as with the market. Maintaining good relationships is essential with all employees. The City’s interest is to establish fairness across all groups. FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2017 PAGE 7 Ms. Dahl reviewed the proposed Agreement: 3 Year Contract (2017-2019) Insurance is the same as non-union. Wages - 2.5% for 2017, 2.75% for 2018, 3.0% for 2019. Non-union employees received 2% for 2017 and 2% is proposed for 2018. Removed some outdated language One additional holiday was added—from 11 to 12. The market shows peers are providing 12 days. Employees wanted to add $25 to their Retiree Health Savings Account (Employee $$ only) Annual Tuition Reimbursement to $3,600 (up $675 from $2,925. One member is currently enrolled. Housekeeping and grammatical changes were made. One additional member was added to the unit. Retirements generated promotions. Police Inspector changed to Sergeant. Ms. Dahl reviewed the costs summarized in the memo: $689,800 (2017); $779,768 (2018); $812,127 (2019). It is estimated there will be an increase of $34,218 to the General Fund for 2017. This does not include overtime, shift differential or court time, which is unplanned. It also does not include the possibility of the legislature changing the employer contributions for the PERA pension (1.5% over 2 years). They have reached a tentative agreement with the Fire Union and hope to bring that to Council at the next Council meeting. Patrol negotiations continue, and a mediation has been scheduled for the end of August. Ms. Dahl said action is needed to approve the resolution adopting the tentative agreement which will ratify the contract effective January 1, 2017. Retroactive pay will be applied within the next few weeks. In conclusion, all labor groups and their representatives are very dedicated and passionate. Requests were generally reasonable and discussions were amicable. She is grateful for Director Weierke and Chief Berg for their participation and leadership. Arbitrations can be very costly on both sides. Mediation is a good option. As an HR Director, she feels fortunate that we have had few issues, grievances or arbitrations, which is an indication of good relationships and trust going on behind the scenes to resolve problems and concerns. MOTION by Councilmember Saefke to adopt Resolution No. 2017-33. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2017 PAGE 8 8.Receive Bids and Award Contract for BID Packet 15 (Millwork) for the City of Fridley Civic Campus Project 595; and Resolution Awarding a Contract to Vision Woodworking, Inc., for Base Bid Tax- Exempt Materials Bid Package for the City of Fridley Civic Campus Project 505; and Resolution Allowing the Assignment to McGough Construction Company, LLC, as Prime Contractor and assignment of the Contract between the City of Fridley and Vision woodworking, Inc., to McGough as the City of Fridley’s Construction Manager at Risk for the City of Fridley’s Civic Campus project which includes: City Hall, Police, Fire, and the Public Works Buildings. Scott Hickok, Community Development Director, stated Council is asked to receive bids for Bid Packet 15 and award the contract to Vision Woodworking Inc. of Fridley. Staff was pleased with the bid and the company. Vision Woodworking also did the work at the Springbrook Nature Center. There is also a resolution that allows the assignment to McGough who is the Construction Manager at Risk. MOTION by Councilmember Saefke to Receive Bids and Award Contract for Bid Packet 15 (Millwork) for the City of Fridley Civic Campus Project 595. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIEDN UNANIMOUSLY. MOTION by Councilmember Saefke to adopt Resolution No. 2017-34, Awarding a Contract to Vision Woodworking, Inc., for Base Bid Tax-Exempt Materials Bid Package for the City of Fridley civic Campus Project 505. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Saefke to adopt Resolution No. 2017-35, Allowing the Assignment to McGough Construction Company, LLC, as Prime Contractor and assignment of the Contract between the City of Fridley and Vision Woodworking, Inc., to McGough as the City of Fridley’s Construction Manager at Risk for the City of Fridley’s Civic Campus Project which includes: City Hall, Police, Fire, and the Public Works Buildings. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JULY 10, 2017 PAGE 9 5.Informal Status Reports Scott Hickok, Community Development Director, mentioned the recycling drop-off day is Saturday, July 22. It will not be held at the Public Works building, but at Green Lights Recycling. He said post cards will be sent out to residents. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE MEETING ADJOURNED AT 8:12 P.M. Respectfully submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor CITY COUNCIL MEETING OF JULY 24, 2017 To: Walter T. Wysopal, City Manager From: Brian T. Weierke, Public Safety Director Date: July 14, 2017 Re: Second Reading of an Ordinance Amending Fridley City Code 102.01, Disposal of Lost, Unclaimed and Stolen Property to Allow for the Private Sale of Unclaimed Property to a Nonprofit Organization with a Significant Mission of Community Service The police department receives approximately 70-100 lost, unclaimed, or stolen bikes into police storage inventory annually. According to Fridley City Code Chapter 102, we currently wait 60 days for the proper owner to claim their bike. If no one comes forward, the bikes are considered unclaimed and auctioned off with our current auction company Propertyroom.com. Police department staff spends a significant amount of time entering bike information into the Propertyroom.com system before the bikes are picked-up by Propertyroom.com. In addition, they assist in the labeling of each individual bike and help load them on to a truck for pick-up. The proposed amendment would save police staff time by allowing the police department to conduct a private sale of lost, unclaimed or abandoned bicycles at a price of $2.00 per bicycle to a local non-profit community organization, for the purpose of refurbishing and repairing bicycles that may be distributed to the youth within the community. The Fridley Columbia Heights Rotary Club is interested in acquiring the bikes and working with Bikes 4 Kids, a non-profit located in Ham Lake. The cities of Blaine, Lino Lakes, St. Paul and Spring Lake Park are currently participating with the Bikes 4 Kids program. I spoke with Al Sannerud, Executive Director, and found they will work with the Rotary Club and come to the City when requested to pick up our eligible bikes with very little police staff time invoved. The first reading was held on July 10, 2017. If the second reading is adopted, a resolution approving the private sale of unclaimed bicycles to the Fridley Columbia Heights Rotary would be in order. Staff recommends the following actions: 1.A motion waiving the second reading and ordering the adoption of an ordinance amending Fridley City Code Section 102.01, as shown in Attachment 1; and 2.A motion adopting a resolution approving the private sale of bicycles that have been declared as unclaimed property to the Fridley Columbia Heights Rotary Club for the calendar year 2017. Attachment 1 ORDINANCE NO. ____ AN ORDINANCE AMENDING FRIDLEY CITY CODE SECTION 102.01 DISPOSAL OF LOST AND STOLEN PROPERTY TO ALLOW FOR THE PRIVATE SALE OF UNCLAIMED PROPERTY TO A NONPROFIT ORGANIZATION WITH A SIGNIFICANT MISSION OF COMMUNITY SERVICE The Fridley City Council hereby finds after review, examination and recommendation of staff that Fridley City Code Chapter 102 related to Police be hereby amended and ordains as follows: 102.01. DISPOSAL OF LOST, UNCLAIMED, AND STOLEN PROPERTY Pursuant to this section, tThe Assistant City Manager/Public Safety Director shall dispose of hold a public sale for the disposal of property lawfully coming into possession of the Fridley Police Department in the course of municipal operation and remaining unclaimed by the owner for a period of at least sixty (60) days. Disposition of such property may be by live public auction, online public auction or, upon approval of the City Council, by private sale to a non- profit organization that has a significant mission of community service. Public sales shall be held at least annually., tThe proceeds from said such sales shall be deposited with the Treasurer of the City of Fridley and become part of the General Fund. The former owner of sold property shall have the right to payment of the sale price from the fund upon application and satisfactory proof of ownership within the six (6) months of the sale. Notice of said public live auction sales shall be given in a legal newspaper at least ten (10) days prior to said such sale. Any disposition of property lawfully coming into possession of the Police Department may only occur after the Police Department has made a reasonable effort to contact the legal owner of the property. th PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24 DAY OF JULY 2017. _________________________________ Scott J. Lund, Mayor ATTEST: _________________________________ Debra A. Skogen, City Clerk First Reading: July 10, 2017 Second Reading: July 24, 2017 Publication: August 4, 2017 Attachment 2 RESOLUTION NO. 2017 - __ A RESOLUTION APPROVING PRIVATE SALE OF BICYCLES THAT HAVE BEEN DECLARED AS UNCLAIMED PROPERTY TO A LOCAL NON-PROFIT COMMUNITY ORGANIZATION FOR THE CALENDAR YEAR 2017 WHEREAS, Fridley City Code Section 102.01 provides for the disposition of unclaimed property by private sale to a local non-profit community organization with a signification mission of community service; and WHEREAS, the Fridley Columbia Heights Rotary Club has expressed an interest in acquiring unclaimed bicycles in possession of the City; and WHEREAS, The Rotary Club proposes to work with Bikes 4 Kids to refurbish and repair bicycles that may be distributed to youth in the community. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that they hereby approve the private sale of bicycles to the Fridley Columbia Heights Rotary, a local non- profit community organization pursuant to Section 102.01 of the City Code for the purpose of refurbishing and repairing bicycles that may be distributed to the youth in the community for the calendar year 2017. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH 24 DAY OF JULY 2017. ______________________________ SCOTT J. LUND - MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN - CITY CLERK PLANNING COMMISSION MEETING June 21, 2017 Pro Tem Chairperson Hansen called the Planning Commission Meeting to order at 6:58 p.m. MEMBERS PRESENT: Mark Hansen, David Ostwald, Mike Heintz, and Blaine Jones MEMBERS ABSENT: David Kondrick, Leroy Oquist, and Brad Sielaff OTHERS PRESENT: Stacy Stromberg, Planner John Livingston, Kurt Manufacturing Co. Inc. Approval of Minutes: May 17, 2017 Commissioner Heintz noted his name should be “Mike” not “Mark”. MOTION by Commissioner Heintz to approve the minutes as corrected. Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, PRO TEM CHAIRPERSON HANSEN DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING. Consideration of a Plat, PS #17-03, by Kurt Manufacturing Co. Inc., to replat the property, which will take two irregularly shaped parcels (flag lots) and creating two rectangular shaped lots, generally located at 7585 Viron Road. MOTION by Commissioner Jones to open the public hearing. Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, PRO TEM CHAIRPERSON HANSEN DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 6:59 P.M. Stacy Stromberg, Planner, stated the petitioner, Steve Carlson with Kurt Manufacturing Company Inc., is requesting a preliminary plat to take two irregular shaped parcels and create two rectangular shaped lots from the lots at 7585 Hwy 65 and the vacant lot to the east. Ms. Stromberg stated the subject properties are zoned M-4, Manufacturing Only. The minimum lot size in this zoning district is 1 ½ acres. The replat will take (2) unplatted lots and create (2) new rectangular shaped industrial lots. They will be legally described as Lot 1 and Lot 2, Block 1, Kuban Addition. Lot 1 will be 252,051 square feet (5.78 acres) and Lot 2 will be 212,138 square feet (4.87 acres) in size; therefore, meeting the minimum standards of the zoning district. The purpose of replatting these lots is to allow Kurt Manufacturing to sell the vacant piece of land along Central Avenue if that is something they would like to pursue. Ms. Stromberg stated City Staff recommends approval of this preliminary plat request as platting the property creates two conforming industrial lots. Planning Commission Meeting June 21, 2017 Page 2 of 2 Commissioner Ostwald asked the petitioner if they are selling the lot. John Livingston , Kurt Manufacturing Co. Inc., replied, yes. They are selling it to their neighbor, Brenk Bros. MOTION by Commissioner Heintz to close the public hearing. Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, PRO TEM CHAIRPERSON HANSEN DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:03 P.M. Commissioner Heintz stated he did not see any problem with this. It is pretty straightforward. MOTION by Commissioner Ostwald approving Plat, PS #17-03, by Kurt Manufacturing Co. Inc., to replat the property, which will take two irregularly shaped parcels (flag lots) and create two rectangular shaped lots, generally located at 7585 Viron Road. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, PRO TEM CHAIRPERSON HANSEN DECLARED THE MOTION CARRIED UNANIMOUSLY. RECEIVE MINUTES FROM OTHER COMMISSIONS: 1. Receive the minutes of the May 2, 2017, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Ostwald to receive the minutes. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, PRO TEM CHAIRPERSON HANSEN DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: ADJOURN: MOTION by Commissioner Heintz to adjourn. Seconded by Commissioner Jones. UPON A VOICE VOTE, ALL VOTING AYE, PRO TEM CHAIRPERSON HANSEN DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:05 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary AGENDA ITEM CITY COUNCIL MEETING OF JULY 24, 2017 Date:July18,2017 To:WalterT.Wysopal,CityManager From:ScottHickok,CommunityDevelopmentDirector JulieJones,PlanningManager StacyStromberg,Planner Subject:ResolutionApprovingFinalPlat,PS#1703,KurtManufacturingCo.Inc. ANALYSIS TheCouncilwillrecallonJuly10,2017,KurtManufacturingCo.Inc.,receivedpreliminaryplatapprovalto taketwoirregularshapedparcelsandcreatetwo rectangularshapedlotsfromthelotsat7585Hwy 65andthevacantlottotheeast. Thereplatwillcreatetwolotstobelegally describedasLots1and2,Block1,KubanAddition. RECOMMENDATION ThePlanningCommissionapprovedthepreliminary platforPS#1701onJune21,2017. Nochangeshavebeenmadefromthepreliminary platdrawingthatwasapprovedbyCouncilatthe lastmeeting. Citystaffrecommendsapprovaloffinalplat,PS#1703,andtheattachedresolution. RESOLUTION NO. 2017 - __ RESOLUTION APPROVING FINAL PLAT, P.S. #17-03 BY KURT MANUFACTURING COMPANY INCORPORATED TO CREATE TWO RECTANGULAR SHAPED LOTS FROM THE PROPERTIES LOCATED AT 7585 HIGHWAY 65 NE AND THE VACANT LOT TO THE EAST OF 7585 HIGHWAY 65 NE WHEREAS, the Planning Commission held a public hearing on June 21, 2017, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for KUBAN ADDITION at their July 10, 2017 meeting; and WHEREAS, the City Council approved the final plat of KUBAN ADDITION at their July 24, 2017 meeting; and WHEREAS, a copy of the final plat KUBAN ADDITION has been attached as Exhibit A; NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for KUBAN ADDITION and directs the petitioner to record the plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEYTHIS TH 24 DAY OF JULY 2017. ________________________________ SCOTT LUND - MAYOR ATTEST: _________________________________ DEBRA A. SKOGEN - CITY CLERK ` AGENDA ITEM CITY COUNCIL MEETING OF JULY 24, 2017 TO: Walter Wysopal, City Manager PW17-045 FROM: James Kosluchar, Public Works Director Brandon Brodhag, Civil Engineer DATE: July 21, 2017 SUBJECT: Award of Main Street Drainage Improvements Project 17-486 th On Thursday, July 20 at 2:00 pm, sealed bids were opened for the Main Street Drainage Improvements Project 17-486. Eleven responsive bids were received. This project will both improve the water quality of storm water discharged to the Mississippi River, and reduce the potential for flooding on Main Street. It also maximizes prior investments in the Main Street detention pond and Summit Square Park systems. The first part of project includes improvements to provide additional capacity and water quality treatment for an existing pond on Main Street, at 45th Ave NE. The second part of the project involves the installation of an 18-inch storm sewer pipe and diversion structure at 53rd Ave to divert a limited amount of flow from an existing pipe along Main Street to another existing system in Horizon Drive. In June, the City Council approved a grant agreement with the Mississippi Watershed Management Organization (MWMO). The City of Fridley prepared a funding request to the MWMO for this work, and the MWMO have provided funding for design and construction of these projects of up to $248,230. The low responsive bid was received from Lametti & Sons, Inc. of Hugo, MN in the amount of $183,950.00. This is under the final engineer’s construction estimate for the project of $193,892.00. We believe that the bids received were simply extremely competitive, and will deliver the project with the requisite quality specified in the bid documents. Please refer to the attached bid tabulation which summarizes bids received. The City of Fridley has worked with Lametti & Sons on numerous sewer lining and repair projects, and they are capable of performing this work and completing the rd project on time. CenterPoint Energy is currently relocating utilities along 53 Avenue in advance of this project, which is to be completed by the end of the year. Staff recommends the City Council move to receive the bids per the attached bid tabulation and award the Main Street Drainage Improvements Project No. 17-486 to Lametti & Sons, Inc. of Hugo, MN in the amount of $183,950.00. If the Council approves, staff will notify the contractor of the award and issue a notice to proceed to the contractor upon receipt of acceptable submittals. JPK/jpk Attachment Page 1 of 4 CITY OF FRIDLEY MAIN STREET DRAINAGE IMPROVEMENTS PROJECT NO. 486 ENGINEER'S ESTIMATE BID TABULATION LETTING: 7/20/2017 2:00 PM Note: numbers in red are corrected for mathematical errors in bid provided ENGINEER'SLAMETTI & SONS, INC.PETERSON COMPANIES, INC. ESTIMATEHUGO, MNCHISAGO CITY, MN EST. SEQ.DESCRIPTIONUNITSQT Y UNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICE BASE BID ITEMS 1 MobilizationLS1$ 12,000.0012,000.00$ 8,470.00$ 8,470.00$ 7,800.00$ 7,800.00$ 2Clearing and GrubbingEA2 $ 1,000.00500.00$ 1,000.00$ 2,000.00$ 700.00$ 1,400.00$ 3 Remove Concrete Curb & GutterLF200$ 1,200.006.00$ 2.00$ 400.00$ 5.00$ 1,000.00$ 4Remove Sewer Pipe (Storm)LF180 $ 1,800.0010.00$ 3.00$ 540.00$ 15.00$ 2,700.00$ 5Remove Abandoned 12" Steel Gas MainLF775 $ 7,750.0010.00$ 2.00$ 1,550.00$ 4.50$ 3,487.50$ 6 Remove Bituminous Pavement SY2100$ 10,500.005.00$ 1.00$ 2,100.00$ 12.00$ 25,200.00$ 7 Remove Drainage StructureEA3$ 2,250.00750.00$ 250.00$ 750.00$ 500.00$ 1,500.00$ 8Salvage SignEA1 $ 250.00250.00$ 100.00$ 100.00$ 75.00$ 75.00$ 9Common Excavation (P)CY700 $ 14,000.0020.00$ 4.00$ 2,800.00$ 17.00$ 11,900.00$ 10 Aggregate Base CL 5 (CV)CY470$ 18,800.0040.00$ 20.00$ 9,400.00$ 36.25$ 17,037.50$ 11T ype SP 9.5 Wearing Course MixtureTN240$ 20,400.0085.00$ 90.00$ 21,600.00$ 77.50$ 18,600.00$ 12Type SP 12.5 Non Wearing Course MixtureTN240 $ 20,400.0085.00$ 85.00$ 20,400.00$ 77.34$ 18,561.60$ 13Bituminous Tack CoatGAL105 $ 630.006.00$ 16.00$ 1,680.00$ 4.00$ 420.00$ 14 12" RC Pipe Sewer Design 3006 Class VLF22$ 792.0036.00$ 200.00$ 4,400.00$ 45.75$ 1,006.50$ 1515" RC Pipe Sewer Design 3006 Class VLF57 $ 2,280.0040.00$ 200.00$ 11,400.00$ 34.00$ 1,938.00$ 16 18" RC Pie Sewer Desin 3006 Class VLF770$ 34,650.0045.00$ 40.00$ 30,800.00$ 33.25$ 25,602.50$ pg 17Connect to Existing Storm SewerEA5 $ 3,750.00750.00$ 1,000.00$ 5,000.00$ 700.00$ 3,500.00$ 18Construct Drainage Structure Design 48-4020LF39 $ 9,750.00250.00$ 550.00$ 21,450.00$ 280.00$ 10,920.00$ 19 Construct Drainage Structure w/Rate Control BafleEA1$ 7,000.007,000.00$ 10,000.00$ 10,000.00$ 6,600.00$ 6,600.00$ 20Construct Drainage Structure Design GLF3 $ 750.00250.00$ 1,100.00$ 3,300.00$ 397.00$ 1,191.00$ 21Casting AssemblyEA6 $ 3,900.00650.00$ 900.00$ 5,400.00$ 400.00$ 2,400.00$ 22Lower Water ServiceEA5 $ 3,750.00750.00$ 800.00$ 4,000.00$ 500.00$ 2,500.00$ 23 Repair Sanitary Sewer ServiceEA3$ 1,500.00500.00$ 1,000.00$ 3,000.00$ 500.00$ 1,500.00$ 24Concrete Curb & Gutter Des B618LF200 $ 4,800.0024.00$ 35.00$ 7,000.00$ 40.00$ 8,000.00$ 25Install SignEA1 $ 250.00250.00$ 350.00$ 350.00$ 100.00$ 100.00$ 26 Traffic ControlLS1$ 3,000.003,000.00$ 1,000.00$ 1,000.00$ 3,000.00$ 3,000.00$ 27 Storm Drain Inlet ProtectionEA8$ 2,000.00250.00$ 150.00$ 1,200.00$ 150.00$ 1,200.00$ 28Sodding Type LawnSY240 $ 1,800.007.50$ 5.00$ 1,200.00$ 6.70$ 1,608.00$ 29Seed Mix 25-121, Fertilizer Type 3 & Erosion Control Blanket Cat 3PSY250 $ 1,250.005.00$ 3.00$ 750.00$ 4.56$ 1,140.00$ 30 Seed Mix 35-241, Fertilizer Type 3 & Erosion Control Blanket Cat 3PSY210$ 1,050.005.00$ 3.00$ 630.00$ 5.10$ 1,071.00$ 314" Solid Epox y - WhiteLF640$ 640.001.00$ 2.00$ 1,280.00$ 3.75$ 2,400.00$ TOTAL BID AMOUNT$ 183,950.00193,892.00$$185,358.60 Page 2 of 4 CITY OF FRIDLEY MAIN STREET DRAINAGE IMPROVEMENTS PROJECT NO. 486 ENGINEER'S ESTIMATE BID TABULATION LETTING: 7/20/2017 2:00 PM Note: numbers in red are corrected for mathematical errors in bid provided NORTHDALE CONSTRUCTION COMPANY, INC.MAX STEININGER, INC.PENN CONTRACTING, INC. ALBERTVILLE, MNEAGAN, MNBLAINE, MN EST. SEQ.DESCRIPTIONUNITSQT Y UNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICE BASE BID ITEMS 1 MobilizationLS1$ 12,670.0012,670.00$ 12,585.23$ 12,585.23$ 9,750.00$ 9,750.00$ 2Clearing and GrubbingEA2 $ 2,100.001,050.00$ 1,872.83$ 3,745.66$ 1,000.00$ 2,000.00$ 3 Remove Concrete Curb & GutterLF200$ 1,000.005.00$ 5.46$ 1,092.00$ 6.00$ 1,200.00$ 4Remove Sewer Pipe (Storm)LF180 $ 1,350.007.50$ 15.29$ 2,752.20$ 12.00$ 2,160.00$ 5Remove Abandoned 12" Steel Gas MainLF775 $ 3,875.005.00$ 13.76$ 10,664.00$ 15.00$ 11,625.00$ 6 Remove Bituminous Pavement SY2100$ 4,200.002.00$ 5.64$ 11,844.00$ 2.00$ 4,200.00$ 7 Remove Drainage StructureEA3$ 1,500.00500.00$ 318.00$ 954.00$ 550.00$ 1,650.00$ 8Salvage SignEA1 $ 26.2526.25$ 26.76$ 26.76$ 50.00$ 50.00$ 9Common Excavation (P)CY700 $ 10,500.0015.00$ 22.57$ 15,799.00$ 18.00$ 12,600.00$ 10 Aggregate Base CL 5 (CV)CY470$ 14,038.9029.87$ 34.22$ 16,083.40$ 50.00$ 23,500.00$ 11 Type SP 9.5 Wearing Course MixtureTN240$ 19,531.2081.38$ 87.60$ 21,024.00$ 85.00$ 20,400.00$ 12Type SP 12.5 Non Wearing Course MixtureTN240 $ 17,388.0072.45$ 78.00$ 18,720.00$ 76.00$ 18,240.00$ 13Bituminous Tack CoatGAL105 $ 441.004.20$ 4.52$ 474.60$ 5.00$ 525.00$ 14 12" RC Pipe Sewer Design 3006 Class VLF22$ 834.9037.95$ 44.20$ 972.40$ 35.00$ 770.00$ 1515" RC Pipe Sewer Design 3006 Class VLF57 $ 2,271.4539.85$ 38.29$ 2,182.53$ 38.00$ 2,166.00$ 16 18" RC Pie Sewer Desin 3006 Class VLF770$ 33,063.8042.94$ 38.62$ 29,737.40$ 44.00$ 33,880.00$ pg 17Connect to Existing Storm SewerEA5 $ 8,750.001,750.00$ 474.96$ 2,374.80$ 1,025.00$ 5,125.00$ 18Construct Drainage Structure Design 48-4020LF39 $ 8,375.25214.75$ 333.13$ 12,992.07$ 340.00$ 13,260.00$ 19 Construct Drainage Structure w/Rate Control BafleEA1$ 7,349.687,349.68$ 7,925.82$ 7,925.82$ 9,580.00$ 9,580.00$ 20ge Structure Design GLF3 Construct Draina$ 1,240.20413.40$ 792.73$ 2,378.19$ 552.00$ 1,656.00$ 21Casting AssemblyEA6 $ 6,163.501,027.25$ 613.02$ 3,678.12$ 371.00$ 2,226.00$ 22Lower Water ServiceEA5 $ 9,556.251,911.25$ 568.57$ 2,842.85$ 585.00$ 2,925.00$ 23 Repair Sanitary Sewer ServiceEA3$ 5,411.251,803.75$ 284.34$ 853.02$ 800.00$ 2,400.00$ 24Concrete Curb & Gutter Des B618LF200 $ 6,300.0031.50$ 32.11$ 6,422.00$ 40.00$ 8,000.00$ 25Install SignEA1 $ 183.75183.75$ 187.29$ 187.29$ 150.00$ 150.00$ 26 Traffic ControlLS1$ 2,520.002,520.00$ 2,568.44$ 2,568.44$ 4,900.00$ 4,900.00$ 27 Storm Drain Inlet ProtectionEA8$ 2,000.00250.00$ 151.90$ 1,215.20$ 175.00$ 1,400.00$ 28Sodding Type LawnSY240 $ 3,780.0015.75$ 14.83$ 3,559.20$ 15.00$ 3,600.00$ 29Seed Mix 25-121, Fertilizer Type 3 & Erosion Control Blanket Cat 3PSY250 $ 1,312.505.25$ 3.56$ 890.00$ 7.00$ 1,750.00$ 30 Seed Mix 35-241, Fertilizer Type 3 & Erosion Control Blanket Cat 3PSY210$ 1,102.505.25$ 4.75$ 997.50$ 6.00$ 1,260.00$ 31 4" Solid Epoxy - WhiteLF640$ 1,209.601.89$ 5.46$ 3,494.40$ 3.00$ 1,920.00$ TOTAL BID AMOUNT$190,044.98$201,036.08$204,868.00 Page 3 of 4 CITY OF FRIDLEY MAIN STREET DRAINAGE IMPROVEMENTS PROJECT NO. 486 ENGINEER'S ESTIMATE BID TABULATION LETTING: 7/20/2017 2:00 PM Note: numbers in red are corrected for mathematical errors in bid provided NEW LOOK CONTRACTING, DOUGLAS-KERR INC.HARDRIVES, INC.UNDERGROUND, INC ROGERS, MNROGERS, MNMORA, MN EST. SEQ.DESCRIPTIONUNITSQT Y UNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICE BASE BID ITEMS 1 MobilizationLS1$ 12,000.0012,000.00$ 18,472.60$ 18,472.60$ 13,003.00$ 13,003.00$ 2Clearing and GrubbingEA2 $ 1,400.00700.00$ 833.78$ 1,667.56$ 200.00$ 400.00$ 3 Remove Concrete Curb & GutterLF200$ 1,200.006.00$ 12.36$ 2,472.00$ 6.50$ 1,300.00$ 4Remove Sewer Pipe (Storm)LF180 $ 3,240.0018.00$ 8.34$ 1,501.20$ 22.85$ 4,113.00$ 5Remove Abandoned 12" Steel Gas MainLF775 $ 12,400.0016.00$ 5.56$ 4,309.00$ 20.40$ 15,810.00$ 6 Remove Bituminous Pavement SY2100$ 12,600.006.00$ 2.77$ 5,817.00$ 2.75$ 5,775.00$ 7 Remove Drainage StructureEA3$ 975.00325.00$ 555.85$ 1,667.55$ 575.00$ 1,725.00$ 8Salvage SignEA1 $ 100.00100.00$ 55.59$ 55.59$ 25.00$ 25.00$ 9Common Excavation (P)CY700 $ 16,800.0024.00$ 14.27$ 9,989.00$ 33.30$ 23,310.00$ 10 Aggregate Base CL 5 (CV)CY470$ 17,860.0038.00$ 40.39$ 18,983.30$ 35.00$ 16,450.00$ 11 Type SP 9.5 Wearing Course MixtureTN240$ 22,320.0093.00$ 83.96$ 20,150.40$ 77.50$ 18,600.00$ 12Type SP 12.5 Non Wearing Course MixtureTN240 $ 21,120.0088.00$ 75.88$ 18,211.20$ 69.00$ 16,560.00$ 13Bituminous Tack CoatGAL105 $ 525.005.00$ 1.56$ 163.80$ 4.00$ 420.00$ 14 12" RC Pipe Sewer Design 3006 Class VLF22$ 990.0045.00$ 42.19$ 928.18$ 50.80$ 1,117.60$ 1515" RC Pipe Sewer Design 3006 Class VLF57 $ 2,736.0048.00$ 44.30$ 2,525.10$ 65.25$ 3,719.25$ 16 18" RC Pie Sewer Desin 3006 Class VLF770$ 30,800.0040.00$ 47.74$ 36,759.80$ 55.50$ 42,735.00$ pg 17Connect to Existing Storm SewerEA5 $ 2,750.00550.00$ 1,945.48$ 9,727.40$ 2,045.00$ 10,225.00$ 18Construct Drainage Structure Design 48-4020LF39 $ 11,700.00300.00$ 238.74$ 9,310.86$ 307.45$ 11,990.55$ 19 Construct Drainage Structure w/Rate Control BafleEA1$ 7,000.007,000.00$ 8,170.68$ 8,170.68$ 7,976.30$ 7,976.30$ 20ge Structure Design GLF3 Construct Draina$ 1,200.00400.00$ 459.58$ 1,378.74$ 710.40$ 2,131.20$ 21Casting AssemblyEA6 $ 4,500.00750.00$ 752.90$ 4,517.40$ 794.85$ 4,769.10$ 22Lower Water ServiceEA5 $ 3,125.00625.00$ 2,124.75$ 10,623.75$ 550.00$ 2,750.00$ 23 Repair Sanitary Sewer ServiceEA3$ 1,050.00350.00$ 2,005.24$ 6,015.72$ 550.00$ 1,650.00$ 24Concrete Curb & Gutter Des B618LF200 $ 6,600.0033.00$ 33.35$ 6,670.00$ 30.00$ 6,000.00$ 25Install SignEA1 $ 200.00200.00$ 166.76$ 166.76$ 175.00$ 175.00$ 26 Traffic ControlLS1$ 2,650.002,650.00$ 2,779.26$ 2,779.26$ 2,400.00$ 2,400.00$ 27 Storm Drain Inlet ProtectionEA8$ 1,600.00200.00$ 166.76$ 1,334.08$ 200.00$ 1,600.00$ 28Sodding Type LawnSY240 $ 3,360.0014.00$ 13.34$ 3,201.60$ 9.00$ 2,160.00$ 29Seed Mix 25-121, Fertilizer Type 3 & Erosion Control Blanket Cat 3PSY250 $ 1,000.004.00$ 5.56$ 1,390.00$ 4.00$ 1,000.00$ 30 Seed Mix 35-241, Fertilizer Type 3 & Erosion Control Blanket Cat 3PSY210$ 1,050.005.00$ 5.56$ 1,167.60$ 8.00$ 1,680.00$ 31 4" Solid Epoxy - WhiteLF640$ 1,280.002.00$ 0.78$ 499.20$ 1.80$ 1,152.00$ TOTAL BID AMOUNT$206,131.00$210,626.33$222,722.00 Page 4 of 4 CITY OF FRIDLEY MAIN STREET DRAINAGE IMPROVEMENTS PROJECT NO. 486 ENGINEER'S ESTIMATE BID TABULATION LETTING: 7/20/2017 2:00 PM Note: numbers in red are corrected for mathematical errors in bid provided DAVE PERKINS CONTRACTING, INCG.L. CONTRACTING, INCG.F. JEDLICKI, INC. NOWTHEN, MNMEDINA, MNCHANHASSEN, MN EST. SEQ.DESCRIPTIONUNITSQT Y UNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICE BASE BID ITEMS 1 MobilizationLS1$ 25,000.0025,000.00$ 11,138.00$ 11,138.00$ 20,000.00$ 20,000.00$ 2Clearing and GrubbingEA2 $ 1,500.00750.00$ 2,475.00$ 4,950.00$ 1,200.00$ 2,400.00$ 3 Remove Concrete Curb & GutterLF200$ 1,000.005.00$ 7.70$ 1,540.00$ 5.00$ 1,000.00$ 4Remove Sewer Pipe (Storm)LF180 $ 2,700.0015.00$ 6.70$ 1,206.00$ 8.00$ 1,440.00$ 5Remove Abandoned 12" Steel Gas MainLF775 $ 11,625.0015.00$ 6.70$ 5,192.50$ 10.00$ 7,750.00$ 6 Remove Bituminous Pavement SY2100$ 6,300.003.00$ 8.90$ 18,690.00$ 4.00$ 8,400.00$ 7 Remove Drainage StructureEA3$ 2,250.00750.00$ 269.70$ 809.10$ 550.00$ 1,650.00$ 8Salvage SignEA1 $ 150.00150.00$ 55.00$ 55.00$ 100.00$ 100.00$ 9Common Excavation (P)CY700 $ 8,400.0012.00$ 32.90$ 23,030.00$ 31.00$ 21,700.00$ 10 Aggregate Base CL 5 (CV)CY470$ 13,630.0029.00$ 48.80$ 22,936.00$ 35.00$ 16,450.00$ 11 Type SP 9.5 Wearing Course MixtureTN240$ 22,800.0095.00$ 85.80$ 20,592.00$ 144.00$ 34,560.00$ 12Type SP 12.5 Non Wearing Course MixtureTN240 $ 22,800.0095.00$ 77.00$ 18,480.00$ 135.00$ 32,400.00$ 13Bituminous Tack CoatGAL105 $ 1,050.0010.00$ 4.40$ 462.00$ 5.00$ 525.00$ 14 12" RC Pipe Sewer Design 3006 Class VLF22$ 1,100.0050.00$ 30.80$ 677.60$ 47.00$ 1,034.00$ 1515" RC Pipe Sewer Design 3006 Class VLF57 $ 3,021.0053.00$ 32.20$ 1,835.40$ 50.00$ 2,850.00$ 16 18" RC Pie Sewer Desin 3006 Class VLF770$ 30,800.0040.00$ 35.70$ 27,489.00$ 62.00$ 47,740.00$ pg 17Connect to Existing Storm SewerEA5 $ 6,000.001,200.00$ 963.90$ 4,819.50$ 700.00$ 3,500.00$ 18Construct Drainage Structure Design 48-4020LF39 $ 13,650.00350.00$ 507.60$ 19,796.40$ 590.00$ 23,010.00$ 19 Construct Drainage Structure w/Rate Control BafleEA1$ 14,000.0014,000.00$ 10,607.70$ 10,607.70$ 14,500.00$ 14,500.00$ 20ge Structure Design GLF3 Construct Draina$ 3,600.001,200.00$ 621.50$ 1,864.50$ 590.00$ 1,770.00$ 21Casting AssemblyEA6 $ 4,500.00750.00$ 657.40$ 3,944.40$ 600.00$ 3,600.00$ 22Lower Water ServiceEA5 $ 6,000.001,200.00$ 905.30$ 4,526.50$ 1,200.00$ 6,000.00$ 23 Repair Sanitary Sewer ServiceEA3$ 3,600.001,200.00$ 905.30$ 2,715.90$ 800.00$ 2,400.00$ 24Concrete Curb & Gutter Des B618LF200 $ 8,000.0040.00$ 33.00$ 6,600.00$ 35.00$ 7,000.00$ 25Install SignEA1 $ 150.00150.00$ 330.00$ 330.00$ 400.00$ 400.00$ 26 Traffic ControlLS1$ 4,500.004,500.00$ 4,895.00$ 4,895.00$ 28,400.00$ 28,400.00$ 27 Storm Drain Inlet ProtectionEA8$ 3,600.00450.00$ 275.00$ 2,200.00$ 190.00$ 1,520.00$ 28Sodding Type LawnSY240 $ 2,400.0010.00$ 19.60$ 4,704.00$ 6.00$ 1,440.00$ 29Seed Mix 25-121, Fertilizer Type 3 & Erosion Control Blanket Cat 3PSY250 $ 1,000.004.00$ 5.50$ 1,375.00$ 3.00$ 750.00$ 30 Seed Mix 35-241, Fertilizer Type 3 & Erosion Control Blanket Cat 3PSY210$ 945.004.50$ 5.50$ 1,155.00$ 3.00$ 630.00$ 31 4" Solid Epoxy - WhiteLF640$ 1,920.003.00$ 4.10$ 2,624.00$ 4.00$ 2,560.00$ TOTAL BID AMOUNT$227,991.00$231,240.50$297,479.00 AGENDA ITEM COUNCIL MEETING OF JULY 24, 2017 CLAIMS CLAIMS 1707 (ACH PCard) 177308 - 177535 AAGENDAA ITEMM CITY COOUNCILL MEETTING OFF JJULY 244, 20177 DATE: July 17, 2017 TO:WallyWysopal,CCity Managger FROOM: ScottHickok, Coommunity DDevelopmennt Director Hearingnd First eading o an Ordinnce to SUBPubliccaaRRffaa JECT: Tranfer Propety from the City to ridley HR for ssrrFFAA Devellopment Introoduction Youmay recall that earlierr this year thhe City appproved a plaat for the enntire Locke Par Pointe Deelopmentarea. Onc platted, te HRA trasferred onership of kkvveehhnnww parceels necessaary to accommodate the Civic Caampus landd, specificallly to accmmodatehe City Hal, Police Sation, Fire Station, th Public Wrks facilit, oottlltteeooyy andtthe pond arrea to manaage storm wwater for thhe developmment. The rresult; Lot 1 & Otlot B now belong to he City(se map belo). In exchange, the ity is now uutteewwhCC askeed to transfeer Outlot A, C & F (shoown below)) to the Authhority to acccommodatee privte mixed developmet. aann Eleents mm When the City isposes o property it is to be dne by ordiance. An rdinance ddffoonnoo haseen prepred and atached in accordancewith that rquirement. City bbaattee Chater 12.06 lso requirs that use f any proeeds of said sale or isposition f rraaeooccddoo property be deteermined byy the City Council in a 4/5ths votee of the Cityy Council. Inn thisarticular cse the land swap dos not invove financil proceeds but instea ppaaeellaadd is considered a land-for-land trade. AA quit claim deed has aalso been pprovided in yourpacket for your revie. If the seond readig is approed, the Myor and wwccnnvvaa CityManagerwwill then signn the attachhed quit claaim deed, coonveying laand and relinuishing City financial interest in those parcels. qqc Onc the land, specificall Outlot A, , and F are conveye to the Hosing and eeyyCCedduu Redvelopmen Authority, the HRA ill then prceed with inalizing ngotiation eettwwooffee andventuallyill approv a private developmnt for thos parcels.Residential eewweeeeee devlopment o various dnsities an possibly ome limite commerial would e eeffeeddssddccbb the result of thse private evelopmnt negotiations. ooddee Plat with Lots and Outlots Identified Recommendation Staff recommends that Council hold a public hearing and receive comment at the July 24 City Council meeting. Further, staff recommends approval of the first reading of the attached ordinance that allows the transfer of Outlot A, C, & F of the City property to the HRA. The second reading is anticipated to be held at the August 14 City Council meeting. ORDINANCE NO. _____ AN ORDINANCE PURSUANT TO SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE CONVEYANCE THEREOF SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: Outlots A, C, E and F, Locke Park Pointe, according to the recorded plat thereof, Anoka County, Minnesota. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to transfer the above described real estate in Section 1 to the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. SECTION 3. The Mayor and City Manager are hereby authorized to sign the necessary contracts, deeds, and any related documents to effect the transfer of the above described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _____ DAY OF JULY, 2017. SCOTT J. LUND – MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN – CITY CLERK Public Hearing: July 24, 2017 First Reading: July 24, 2017 Second Reading: August 14, 2017 Publication: August ___, 2017 4813-0504-8907 v.1 STATE DEED TAX: __________________ QUIT CLAIM DEED THIS INDENTURE, made this _____ day of_____________, 2017 between the City of Fridley, a municipal corporation under the laws of the State of Minnesota (the “Grantor”), and the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, a political subdivision of the State of Minnesota (the “Grantee”). WITNESSETH, that Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration the receipt whereof is hereby acknowledged, does hereby convey and quit claim to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Anoka and State of Minnesota described as follows: Outlots A, C, E and F, Locke Park Pointe, according to the recorded plat thereof, Anoka County, Minnesota. Torrens Property together with all hereditaments and appurtenances belonging thereto. The Grantor certifies that the Grantor does not know of any wells on described real property. IN WITNESS WHEREOF, the Grantor has caused this deed to be duly executed on its behalf by its Mayor and City Manager as of the day and year written above. CITY OF FRIDLEY, MINNESOTA By ________________________________ Scott J. Lund Its: Mayor CITY OF FRIDLEY, MINNESOTA By ________________________________ Walter T. Wysopal Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _____ day of _______________, 2017 before me, a notary public within and for Anoka County, personally appeared Scott J. Lund and Walter T. Wysopal, to me personally known who by me duly sworn, did say that they are the Mayor and City Manager as and for the City of Fridley, Minnesota, a political subdivision of the State of Minnesota, and acknowledged the foregoing instrument on behalf of the City Council. _________________________________ Notary Public This instrument was drafted by: Vickie L. Loher-Johnson, Esq. Monroe Moxness Berg PA 7760 France Avenue South, Suite 700 Minneapolis, MN 55435 (952) 885-4383 Tax statements should be sent to: Housing and Redevelopment Authority in and for the City of Fridley, Minnesota 6431 University Avenue N.E. Fridley, MN 55432 4836-5331-1306, v. 24 Sun Focus | Notice of Public Hearings –CITY OF FRIDLEYPage 1of 2 https://focus.mnsun.com/2017/07/07/notic-of-public-hearings-city-of-fridley-47721201 e///7 CITY COUNCIL MEETING OF JULY 24, 2017 To: Walter T. Wysopal, City Manager From: Debra A. Skogen, City Clerk Jake Foster, Intern Date: July 14, 2017 Re: Second Reading on a Proposed Ordinance Amending Fridley City Charter Chapter 7. Taxation and Finances The Fridley home rule charter is the fundamental law defining the powers citizens agree to give their city government. The Charter Commission is comprised of fifteen court appointed citizens who meet eight times a year to discuss and refine the charter in response to the needs of the community. Over the past year the Charter Commission has reviewed and discussed Chapter 7 extensively pertaining, to taxation and finances to the financial impacts of the restrictions placed in the Charter in 2000. The amendment to Section 7.02.1 would remove the inflationary Consumer Price Index (CPI) and allow the City Council to increase the tax levy up to five percent (5%) more than the prior year tax levy. In addition, if necessary, the amendment would also allow the City Council to add up to an additional three percent (3%) with an affirmative vote of four members of the City Council. Minnesota Statute, Section 410.12, subd. 7, allows for an amendment by ordinance upon recommendation of the Charter Commission. Within thirty days of receiving a recommendation, the City must publish notice of a public hearing on the proposed ordinance. The public hearing must be held at least two weeks but not more than one month after the notice is published. On May 15, 2017, the Charter Commission recommended an amendment by ordinance to the City Council for their review and action. On May 22, 2017, the City Council scheduled the public hearing for June 26, 2017 and the notice of publication was published in the Fridley SunFocus on June 2, 2017. The public hearing was held and there was no public opposition to the proposed ordinance. The first reading was held on July 10, 2017, again there was no public opposition to the ordinance. Staff recommends a motion to waive the reading and order the adoption of the second reading of an ordinance amending Fridley City Charter Chapter 7, Taxation and Finances, as shown in Attachment 1. If adopted, the ordinance would become effective on November 2, 2017. Attachment 1 ORDINANCE NO. ____ AN ORDINANCE AMENDING FRIDLEY CITY CHARTER CHAPTER 7. TAXATION AND FINANCES WHEREAS, The Fridley City Charter has reviewed, discussed and recommended an amendment of the Fridley City Charter by Ordinance to the City Council on May 15, 2017; WHEREAS, the public hearing was scheduled for June 26, 2016 and published in the Official Legal Newspaper Fridley SunFocus on June 2, 2017; and WHEREAS The Fridley City Council hereby finds after review, examination and recommendation of the Charter Commission and staff that Fridley City Charter Chapter 7 related to taxation and finances be hereby amended and ordains as follows: FRIDLEY CITY CHARTER CHAPTER 7. TAXATION AND FINANCES. SECTION 1: THAT SECTION 7.02.1 BE HEREBY AMENDED AS FOLLOWS: Section 7.02. POWER OF TAXATION. 1.The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all the powers to raise money by taxation pursuant to the laws of the State which are applicable to cities of the class of which it may be a member. from time to time, provided that tThe amount of taxes levied against real and personal property within the City for general City purposes shall not exceed in dollars, five percent (5%) morea tax levy that is greater than the prior year tax levy.increased. Moreover, if necessary, the tax levy may be increased up to an additional 3% with an affirmative vote of at least four members of the Council.by an inflationary index, or 5%, whichever is less. Said inflationary index shall be that as defined by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers in the Minneapolis, St. Paul metropolitan area. (Ref. Ord. 592, 1102 and 11/7/00 Amendment) Nothing in this provision shall be construed to impair any general obligation the City may have in support of otherwise lawful indebtedness or similar obligation supported by the full faith and credit of the City, provided, however, that long-term, general obligation indebtedness shall not be used for the purpose of funding the routine and daily business operations of the City. (Ref Ord 1152) SECTION 2: THAT SECTION 7.02.3 BE HEREBY AMENDED AS FOLLOWS: 3.Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. A.For the purposes of this subsection, "fees" includes sales and use taxes, recycling fees, gas and electric franchise fees and any other fee that produces a tax burden or Ordinance No. ___ Page 2 direct financial obligation for all property owners and/or residents of Fridley. (Ref Ord 1152, 1244) B.For the purposes of this subsection, the term "fees" does not include: utility charges, Parks and Recreation Department participation fees, charges for photo-copying, sales of municipal liquor store products, or civil and criminal fines and other charges collected in cases of restitution or violation of law or contract. The term "fees" also does not include rental housing fees, building permit fees, liquor license fees, the extension or transfer of cable television service authority to additional service providers for which fees are already being charged, fees for the operation of junk yards, annual license fees for the operation of pawn shops and other regulated business, and any other charge for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to its citizens or other members of the public which, by law, must be limited to the actual cost of the service being provided. The term "fees" shall not include any special assessments made under Minnesota Statutes Section 429. (Ref Ord 1152, 1244) C.For the purposes of this subsection, "fee increase" includes a new tax or fee, a monetary increase in an existing tax or fee, a tax or fee rate increase, an expansion in the legal definition of a tax or fee base, and an extension of an expiring tax or fee. (Ref Ord 1152) D.For the purposes of this subsection, "city" includes the city itself and all its departments and agencies that are organized to exercise the "Powers of the City" as defined in Chapter 1 of this Charter. "City" shall not include any body of government owing its existence to separate constitutional or statutory authority outside of the Charter, regardless of whether that other body of government has jurisdiction or performs duties and services within the boundaries of the City. (Ref Ord 1152) E.For the purpose of addressing natural disasters this subsection does not apply to any specific emergency measure authorized in Chapter 7, Section 7.08 or state law. SECTION 3: THAT SECTION 7.03 BE HEREBY AMENDED AS FOLLOWS: Section 7.03. BOARD OF REVIEW. The Council shall constitute a board of review and shall meet as such in the usual place for holding Council meetings to review, amend and equalize the assessed valuations according to state law. and apublished notice of such meeting shall be given in the official newspaper of the City at least ten (10) days prior to the day of said meeting. (Ref. Special Election 4/12/60, Ord. 592) Ordinance No. ___ Page 3 SECTION 4: THAT SECTION 7.05 BE HEREBY AMENDED AS FOLLOWS: Section 7.05. PASSAGE OF THE BUDGET. Theestimated budget shall be a principal item of business at a regular meeting(s) prior to the deadline established in state law, at the times required by law and at in September. The Council shall hold subsequent meeting(s) until the budget is adopted. from time to time until all the estimates have been considered. The meetings shall be so conducted as to give interested citizens a reasonable amount of time in which to be heard, and an opportunity to ask questions prior to passage of the final budget. The budget estimates shall be read in full and the City Manager shall explain the various items thereof as fully as may be deemed necessary by the Council. The adoptedannual budget finally agreed upon shall set forth in such detail as may be determined by the City Council, the complete financial plan of the City for the ensuing fiscal year., and shall be signed by the majority of the Council upon being adopted. It shall indicate the sums to be raised and from what sources, and the sums to be spent and for what purposes, according to the plan indicated in Section 7.04. The total sum appropriated shall not exceed the total estimated revenue. The Council shall adopt the budget by resolution in accordance with state law. The resolution shall set forth the total of the budget and the totals of the major divisions of the budget, according to the plan indicated in Section 7.04.The budget resolution as adopted. SECTION 5: THAT SECTION 7.08 BE HEREBY AMENDED AS FOLLOWS: Section 7.08. EMERGENCY APPROPRIATION IN THE BUDGET. 1.The Council shall have power to establish an emergency appropriation as a part of the budget, but not to exceed ten percent (10%) of the total budget. Transfers from the emergency appropriation to any other appropriation shall be made only by a vote of at least four (4) members of the Council. 2. The sums transferred to the several departments or divisions shall be considered as a part of such appropriations and shall be used only for the purposes determined by the city manager and approved designated by the Council. SECTION 6: THAT SECTION 7.09 BE HEREBY AMENDED AS FOLLOWS: Section 7.09. LEVY AND COLLECTION OF TAXES. In accordance with Minnesota StateLaw, the Council shall levy by resolution the taxes necessary to meet the requirements of the budget for the ensuing fiscal year. The City Clerk shall transmit to the county auditor annually, not later than the date required by Minnesota Law, The tax levy resolution must be certified to the county in accordance with state law., Aa statement of all the taxes levied, and such taxes shall be collected and the payment thereof be enforced with and in like manner as state and county taxes. No tax shall be invalid by reason of any informality in the manner of levying the same, nor because the amount levied shall exceed the amount required to be raised for Ordinance No. ___ Page 4 the special purpose for which the same is levied, but in that case the surplus shall go into a suspense fund, and shall be used to reduce the levy for the ensuing year. SECTION 7: THAT SECTION 7.11 BE HEREBY AMENDED AS FOLLOWS: Section 7.11. DISBURSEMENTS, HOW MADE. All disbursements shall be made only upon the order of the City Manager or designee and City Clerk, duly authorized by a resolution or motion of the Council, and every such order shall specify the purpose for which the disbursement is made, and indicate the fund out of which it is to be paid. Each such order shall be directed to the Treasurer, and the latter shall issue a check payable to the order of the person in whose favor the order was drawn. The Treasurer shall issue no check upon any City funds except upon such order. In the discretion of the Council the order and check may be a single instrument. No claim against the City shall be allowed unless accompanied by either an itemized bill, or a payroll, or time sheet, each of which shall be approved and signed by the responsible City officer who vouches for the correctness and reasonableness thereof. The Council may by ordinance make additional regulations for the safekeeping and disbursement of the City's funds. The Council may by resolution or motion provide for the regular payment without specific individual authorization by the Council of salaries and wages of regular employees, laborers, and fixed charges which have been previously duly and regularly incurred. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH 24 DAY OF JULY 2017. _____________________ Scott J. Lund, Mayor ATTEST: ________________________ Debra A. Skogen, City Clerk Public Hearing: June 26, 2017 st 1 Reading: July 10, 2017 nd 2 Reading: July 24, 2017 Published on: August 4, 2017 AGENDA ITEM CITY COUNCIL MEETING OF JULY 24, 2017 Date: July 18, 2017 To: Wally Wysopal, City Manager From: Shelly Peterson, Finance Director Jim Kosluchar, Public Works Director Mary Smith, Special Assessments RESOLUTION ADOPTING THE ABATEMENT OF STREET REHABILITATION Subject: PROJECT NO. ST 2016 – 01 ON PIN NUMBER 26-30-24-32-0028 Introduction On October 10, 2016, the City Council considered and approved a resolution adopting Street Rehabilitation Project ST 2016 – 01. They approved an assessment for Pin Number 26-30-24-32-0028 in the amount of $2,125.93. It was subsequently discovered that this parcel does not have street access and in accordance to City policy should not have been assessed. The first year of this assessment has already been levied onto the property for taxes payable in 2017 in the amount of $349.28 with the remaining balance of $1,913.34. It is staff’s recommendation that both of these amounts be stricken from the assessment. A resolution has been attached for your review and approval. Staff recognizes that the Roadway Major Maintenance Financing Policy from 2009 (attached) needs to be reviewed and updated. Staff intends to present recommended revisions to this policy at an upcoming Council conference meeting. Recommendation Staff recommends that the City Council review the attached resolution and approve the abatement of $1,913.34 which is the remaining balance of the original assessment and $349.28 which was levied onto Pin Number 26-30-24-32-0028 for taxes payable in 2017. RESOLUTION NO. 2017 - ____ RESOLUTION ABATING THE STREET REHABILITATION PROJECT NO. ST 2016 -01 ON PIN NUMBER 26-30-24-32-0028 WHEREAS, the City Council on the evening of October 10, 2016 approved the final assessment for the Street Rehabilitation Project No. ST 2016-01; and WHEREAS, subsequent to this assessment, city staff discovered that the assessment was levied to an unbuildable vacant lot having Parcel Identification Number 26-30-24-32-0028, in error; and WHEREAS, in order to adjust the original assessment, Anoka County requires that any adjustment from an initial assessment value for this property be formally abated; and WHEREAS, the reduction of $1,913.34 would represent an adjustment in the initial assessment value; and WHEREAS, the amount of $349.28 was levied to this property in 2017, which reduced the original assessment value; and WHEREAS, the City Council of the City of Fridley must pass a new resolution abating the entire assessment prior to the County making an adjustment to what is billed to the property owner; and WHEREAS, the City Council of the City of Fridley must approve an abatement of $2,262.61 towards the original assessment of $2,125.93 which includes $349.28 certified to taxes payable in 2017; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley, is abating the assessment on the following parcel for Street Rehabilitation Project ST 2016 - 01: PIN NUMBER: 26-30-24-32-0028 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF JULY 2017. __________________________________ SCOTT J. LUND - MAYOR ATTEST: _______________________________________ DEBRA A. SKOGEN – CITY CLERK ROADWAY MAJOR MAINTENANCE FINANCING POLICY REVISED 10/12/09 The following policy sets forth guidelines for the financing of roadway major maintenance projects. (Total reconstruction of streets for the initial upgrade from a bituminous curbed street to a concrete curbed street will continue to be assessed based on the existing policy of calculating the assessment based on the costs to install the concrete curb and gutter.) I. DEFINITIONS A. Benefited Property: Property with frontage (rear, side, or front) along a roadway will be considered to receive benefit from any major maintenance projects. In the low-density residential lots (four or fewer dwelling units), those properties with frontage and an existing access to the roadway will be considered to receive benefit. B. Major Maintenance: For the purpose of this policy, major maintenance will consist of overlays, partial or total reconstruction together with other associated infrastructure repairs, reconstruction and minor extensions. C. Minor Maintenance: For the purpose of this policy, minor maintenance shall consist of pothole patching, crack sealing, seal coating and minor skin overlays. Funding of these maintenance activities are not addressed as part of this major maintenance policy. D. Project Cost: Included in the improvement cost to be assessed shall be the roadway major maintenance activity construction costs incurred to implement the improvements. E. New Construction: Construction of new streets and utilities through development shall be paid for by the landowner or developer. Costs and payment thereof shall be determined under a Developer’s Agreement. F. Land Use Type: The classification of the land use will be based on the property’s current land use – not on what the underlying zoning of the property is. II. COST ALLOCATION The total project cost for major maintenance is to be allocated in accordance with the policy. It is the intention of this policy to allocate cost on a project basis rather than on a street-by-street or block-by-block basis. A. All publicly owned and maintained streets under City jurisdiction 1. Low-Density Residential Lots (those with four or fewer dwelling units) For major maintenance reconstruction of standard residential streets, 50% percent of the project cost of a 30 foot wide standard residential street will be assessed to the area benefited on a per residential lot basis. Residential properties will be assessed for construction on the roadway to which they are addressed. In the event that a residential lot has frontage on two streets and is of sufficient size to split or subdivide, those portions of the lot that front on a second street will be assessed for current projects and may be assessed for future road construction as defined in this policy statement. Each year we will take the actual bid prices and adjust those quantities affected by street width to develop a cost for our “standard” street. For example, only 83.3% of the total cost of asphalt for the reconstruction of a 36 foot wide street will be included in the assessment calculation. (A 30 foot wide standard street divided by a 36 foot wide constructed street width equals 83.3%) Other width affected bid items will be adjusted similarly. The difference will be added to the City costs. For purpose of this assessment policy, only those residential lots with frontage or an existing access to the roadway will be considered to receive benefit. For multiple-unit Low-Density Residential Lots (those with four or fewer dwelling units), the assessment will be at a rate equal to the lesser of the High-Density Residential rate, or the following: 2 Units (duplex): 1.5 times the single-unit residential rate 3 Units (triplex): 2.0 times the single-unit residential rate 4 Units (fourplex): 2.5 times the single-unit residential rate 2. Commercial, Industrial, Manufacturing, Tax Exempt, Institutional, and Medium and High-Density Residential Commercial, industrial, manufacturing, tax exempt, institutional and medium and high-density (more than four dwelling unit) multi-residential frontages will be assessed actual project costs based on the lineal footage of streets being maintained adjacent to front, side, or rear lot sides. For individually owned multi-family structures, this cost will be divided equally between the individual units. Unplatted or vacant commercial, industrial, manufacturing, tax exempt, institutional medium and high-density residential properties will be assessed as described above based upon the land use allowed by the ordinance. III. ASSOCIATED INFRASTRUCTURE REPAIRS Storm Sewer, Sanitary Sewer, Water main, and Concrete Curb and Gutter: 1. The cost for major extension of storm sewer to new areas under major roadway reconstruction will be assessed on a per lot basis. The current per lot assessment will be set by the City Council. 2. The cost of lateral and main storm sewer maintenance and reconstruction within the area where streets are receiving major roadway maintenance will not be included in the project cost to be assessed. 3. The cost of lateral and main sanitary sewer and water main maintenance and reconstruction, and existing concrete curb and gutter repairs within the area where streets are receiving major roadway maintenance will not be included in the project cost to be assessed. IV. FINANCING A. The cost of the roadway major maintenance and related utility improvements will ordinarily be assessed over a period not to exceed 10 years, except for those assessments that are prepaid or deferred. B. The project costs not funded by assessments will be funded from any funding sources as specified by the City Council. C. The assessment rate will be based on the project cost including the rate of interest on bonds sold to finance the project plus expenses. AGENDA ITEM CITY COUNCIL MEETING OF JULY 24, 2017 To: Walter T. Wysopal, City Manager From: Deborah Dahl, Human Resources Director John Berg, Fire Chief Date: July 19, 2017 Re:CONTRACT WITH FIRE UNION We are pleased and proud to announce a three-year tentative agreement has been reached between the City of Fridley and the Fire bargaining unit (IAFF #1986) for the 2017, 2018 and 2019 calendar years. The City and Union entered into negotiations in January of this year and reached what we believe is a positive and reasonable settlement. The unit has taken a vote and have approved the tentative agreement, which is attached for your review and final Council approval at the July 24, 2017 Council Meeting. The terms of the agreement are summarized below: SUMMARY OF CHANGES: Article 33 - Duration 1. (Three years - 2017, 2018 and 2019) Article 16 – Insurance 2. Employees in this bargaining unit will receive the same insurance benefit package as all other City employees, which includes the health, dental and life insurance and alternatives (cash option or benefit leave). Having the same benefit package across the board has been a long- standing pattern and valued practice at Fridley, which is unique to our City and difficult to important to defend to keep fairness between all groups. Article 21 – Wages 3. The biggest challenge in negotiations has been in establishing a list of cities which compare to Fridley in order to establish a clear market. Both parties disagreed as to who should be on that list of comparisons and ultimately no agreement was reached about the list, making it impossible to establish the market. It is the City’s position that our Fire Captains are paid at the market or within three percent (3%) of the 2016 rates for comparable cities. Contract with Fire Union July 19, 2017 Page 2 Both parties agreed to a 2.5% general increase or COLA for 1/1/2017, a general increase of 2.75% on 1/1/2018, and a 3% general increase on 2019 for the Captain’s classification only. Since there are no individuals in the class of Firefighter or Firefighter/Inspector, both parties agreed to maintain the 2016 rates. Article 12.6 – Retiree Health Savings Account 4. This is a housekeeping change only--no change to the language. Both parties agreed to move the Article under 21.10 under insurance. Article 16.1 – Holidays 5. Both parties agreed to increase the number of City-paid holidays from eleven (11) to twelve (12). Both parties agreed that this would become effective for 2017 and that the City and Union would agree on what holiday to designate for 2017 and then by Oct. 1 going forward as stipulated in the contract. Article 20.1 – Uniform Allowance 6. Currently the uniform allowance is $545 for 2016. Both parties agreed to increase the 2018 and 2019 uniform allowance to $550 in 2018 and $560 in 2019. Per contract, uniform allowance is st awarded by Jan. 31 each year. ESTIMATED COSTS: The costs for the proposed contract for 2017-2019 (for three members) are estimated below. Item 2017 2018 2019 Wages (base wages, includes PERA*& taxes) $265,315 $275,252 $285,031 th 12 Holiday 869 900 935 Uniforms 0 15 45 Total $266,182 $276,167 $286,911 The 2017 budget planned for $263,969.21 (2% general increase), which this tentative agreement now results in an estimated increase of $2,213.06 to the General Fund. Notes: 1)These projections do not include overtime or court time. 2)Legislative changes are uncertain in terms of additional employer contributions. Currently the PERA P&F Fund Employer Contributions is 16.2% and is likely to see increases (up to 1.5% over two years for 2017 and 2018), but it has not been approved by the time of this settlement. 3)One member is still receiving step increases, which reflects increases in 2018 and 2019. Contract with Fire Union July 19, 2017 Page 3 ACTION NEEDED: Staff is recommending that the City Council approve this tentative agreement and resolution at the July 24, 2017, Council Meeting. I will be in attendance at the pre-meeting and Council meeting to answer any questions you may have. DKD/JB RESOLUTION NO. 2017 - ____ RESOLUTION AUTHORIZING SIGNING AN EMPLOYMENT AGREEMENT BETWEEN CERTAIN EMPLOYEES REPRESENTED BY LOCAL NO. 1986 WHEREAS, Firefighters Local No. 1986, as bargaining representative of the Firefighters of the City of Fridley, has presented the City of Fridley various requests relating to their employment contract with the City of Fridley; and WHEREAS, the City of Fridley has presented various requests to the Union and to the employees relating to the Firefighters’ employment contract with the City of Fridley; and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, a tentative agreement has now been reached between the representatives of the two parties on the proposed changes in the existing contract between the City and the Union; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit A) relating to the wages and working conditions of Firefighters Local No. 1986 of the City of Fridley for the contract years of 2017, 2018 and 2019. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _____ DAY OF ________________ 2017. ____________________________________ SCOTT J. LUND - MAYOR ATTEST: _______________________________________ DEBRA A. SKOGEN – CITY CLERK "EXHIBIT A" LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 2017, 2018 & 2019 2014-2016 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) FIREFIGHTERS LOCAL NO 1986 CONTRACT FOR 2017-2019 TABLE OF CONTENTS ARTICLE PAGE 1. PURPOSE OF AGREEMENT ....................................................... 4 2. RECOGNITION ............................................................................ 4 3. DEFINITIONS .............................................................................. 5 4. EMPLOYER SECURITY .............................................................. 7 5. EMPLOYER AUTHORITY .......................................................... 7 6. UNION SECURITY ...................................................................... 7 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ................. 8 8. SAVINGS CLAUSE ...................................................................... 11 9. SENIORITY ..................................................................................... 11 10. DISCIPLINE .................................................................................. 12 11. WORK SCHEDULES ................................................................... 12 12. ANNUAL LEAVE .......................................................................... 13 13. SHORT-TERM DISABILITY ....................................................... 14 14. OVERTIME .................................................................................... 15 15. EMPLOYEE EDUCATION PROGRAMS ................................... 16 16. HOLIDAYS .................................................................................... 17 17. PROBATIONARY PERIODS ....................................................... 18 18. BEREAVEMENT LEAVE .............................................................. 18 19. JURY PAY ...................................................................................... 18 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 2 20. UNIFORM ALLOWANCE ........................................................... 19 21. INSURANCE ................................................................................. 19 22. RATES OF PAY ............................................................................. 21 23. WORKING OUT OF CLASSIFICATION ..................................... 22 25. WAIVER ......................................................................................... 22 27 DURATION ................................................................................... 23 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 3 LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 ARTICLE 1. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986, hereinafter called the UNION. It is the intent and purpose of the 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; and 1.3 Establish hours, wages, and other conditions of employment. ARTICLE 2. RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 8, for all personnel in the following job classifications: Firefighter Firefighter/Inspector Captain 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 . 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 4 ARTICLE 3. DEFINITIONS 3.1 Union The International Association of Firefighters Local No. 1986. 3.2 Union Member A member of the International Association of Firefighters Local No. 1986. 3.3 Employee A member of the exclusively recognized bargaining unit. 3.4 Department The City of Fridley Fire Department 3.5 Employer The City of Fridley. 3.6 Chief The Chief of the Fire Department for the City of Fridley. 3.7 Union Officer Officer elected or appointed by the International Association of Firefighters Local No. 1986. 3.8 Overtime Work performed at the express authorization of the EMPLOYER in excess of the number of hours in a work period specified by the Federal Fair Labor Standards Act. 3.9 Scheduled Shift A consecutive work period including two rest breaks and one or more meal breaks. 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 5 3.10 Rest Breaks Two twenty (20) minute periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 Meal Break A one (1) hour period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 Strike Concerted action in failing to report for duty, the willful absence from one’s position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges of obligations of employment. 3.13 Base Rate of Pay The Employee’s hourly rate of pay exclusive of longevity or any other special allowance. 3.14 Compensatory Time Time off during the employee’s regularly scheduled work scheduled equal in time to 1.5 times overtime worked. 3.15 Severance Pay Payment made to an employee upon honorable separation of employment. 3.16 Salary A fixed payment at regular intervals for services as set forth and agreed to in this contract. 3.17 Compensation Salary reduced by those amounts as required by law and/or authorized by the employee. 3.18Agreement 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 6 Labor agreement between the City of Fridley and International Association of Firefighters Local No. 1986 3.19 Assistant Chief The Assistant Chief of the Fire Department for the City of Fridley. 3.20 City Manager The City Manager for the City of Fridley 3.21 Call Back An event where an Employee not working a regularly scheduled shift is called back to work. ARTICLE 4. EMPLOYER SECURITY 4.1 The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interferences with the normal functions of the EMPLOYER. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all personnel, 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 determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall 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 changes in the position of steward and/or alternate. 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 7 6.3 The EMPLOYER shall make space available on the EMPLOYEE bulletin board for posting UNION notice(s) and announcement(s). 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 the 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 Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 8 ASSISTANT CHIEF or other EMPLOYER designated representative. The ASSISTANT CHIEF or other 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 ASSISTANT CHIEF or other 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 CHIEF or other EMPLOYER-designated Step 2 representative. The CHIEF or other 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 CHIEF or other 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 3. If appealed, the written grievance shall be presented by the UNION and discussed with the CITY MANAGER or other EMPLOYER-designated Step 3 representative. The CITY MANAGER or other EMPLOYER-designated Step 3 representative shall give the UNION the EMPLOYER’S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the CITY MANAGER or other EMPLOYER-designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 9 Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the “Rules Governing and the Arbitration of Grievances” as established by the Bureau of Mediation Services. 7.5 Arbitrator’s Authority a. The arbitrator shall have no right to amend, modify, nullify, ignore, and to, or subtract from the terms and conditions of the AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in 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 born 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 Remedy If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 10 discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran’s Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved EMPLOYEE shall indicate in writing which procedure is to be utilized (Step 4 of Article VII or another appeal procedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved EMPLOYEE from making a subsequent appeal through Step 4 of Article VII. ARTICLE 8. SAVINGS CLAUSE 8.1 The AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of the AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9. SENORITY 9.1 Seniority shall be determined by the EMPLOYEE’S length of continuous employment with the Fire Department and posted in an appropriate location. Seniority rosters may be maintained by the FIRE CHIEF on the basis of time in grade and time within specific classifications. 9.2 During the probationary period, a newly hired or rehired EMPLOYEE may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned EMPLOYEE may be replaced in the EMPLOYEE’S previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. EMPLOYEES shall be recalled from layoff on the basis of seniority. An EMPLOYEE on layoff shall have an opportunity to return to work within two years of the time of that layoff before any new EMPLOYEE is hired. 9.4 One continuous scheduled annual leave period (not to exceed two weeks) shall be selected on the basis of seniority until March 1st of each calendar year. After March 1st, scheduled annual leave shall be on a first-come, first-served basis. 9.5 EMPLOYEES will be given preference with regard to transfer, job classification and assignments when the job –relevant qualifications of EMPLOYEES’ are equal based on seniority. 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 11 9.6 Employees shall lose their seniority for the following reasons: a. Discharge, if not reversed; b. Resignation; c. Unexcused failure to return to work after expiration of a vacation or formal leave of absence. Events beyond the control of the EMPLOYEE, which prevent the EMPLOYEE from returning to work will not cause loss of seniority; d. Retirement. ARTICLE 10. DISCIPLINE 10.1 The EMPLOYER will discipline EMPLOYEES for just cause and disciplinary action may be in one or more of the following forms: a. oral reprimand, b. written reprimand, c. suspension, d. demotion, or e. discharge. 10.2 Suspensions, demotions and discharges will be 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 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. ARTICLE 11. WORK SCHEDULES 11.1 The normal work schedule for EMPLOYEES recognized as Firefighter and Captain in Article 2 shall consist of a fifty-six (56)-hour work week and includes hours worked on assigned shifts, holidays, and authorized leave time. 11.2 The normal work schedule for EMPLOYEES recognized as Firefighter/Inspector in Article 2 shall consist of a forty (40) hour work week and includes hours worked on assigned shifts, holidays and authorized leave time. 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 12 11.3 The CHIEF or EMPLOYER-designated representative is responsible for scheduling and assigning the weekly work schedule. 11.4 The authority to schedule rests with the EMPLOYER. 11.5 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 . 11.6 It is recognized by the parties that service to the public may require the establishment of regular shifts for some EMPLOYEES on a daily, weekly, seasonal, or annual basis, other than the regularly scheduled hours. The EMPLOYER will give advance notice to the EMPLOYEES affected by the establishment of workdays different than the normal EMPLOYEE’S workday. 11.7 It is also recognized by the parties that service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. EMPLOYEES who are regularly scheduled to be on duty Saturday and/or Sunday will be granted two consecutive days off in lieu of Saturday and/or Sunday. 11.8 An EMPLOYEE temporarily assigned from a 56-hour work week to a forty (40) hour work week schedule (for the duration of up to one (1) three (3)-week shift cycle) shall be paid at the same bi-weekly rate and shall accrue annual leave at the same bi-weekly rate, just as if they were working a 56-hour work week. ARTICLE 12. ANNUAL LEAVE 12.1 Each EMPLOYEE shall be entitled to annual leave away from employment with pay. Annual leave pay shall be computed at the regular rate of pay to which such an employee is entitled. Each EMPLOYEE who works a normal 56- hour work week schedule shall accumulate and use annual leave based on eleven and two-tenths (11.2) hour days. 12.2 Beginning 1/1/2008, each EMPLOYEE who works a normal 40-hour work week schedule shall accumulate and use annual leave based on an eight (8) hour day. 12.3 A beginning EMPLOYEE shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 successive months). An EMPLOYEE who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85) month of successive employment. An EMPLOYEE th who has worked fifteen (15) years (180 consecutive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 13 hundred eighty-first (181) month of consecutive employment. An EMPLOYEE st who has worked 20 years (240 consecutive months) shall accrue annual leave at the rate of twenty-eight (28) days per year, beginning with the two-hundred forty first (241st) month of consecutive employment. Annual Leave Accrual Chart Years (Successive Months) Accrual Level (Days) 1-7 (1-84) 18 days 8-15 (85-180) 24 days 15-20 (181-240) 26 days 21 + (241 +) 28 days 12.4 The maximum total accumulation of annual leave at the end of any given year shall be forty (40)-days. 12.5 Upon separation from employment with the City of Fridley, an EMPLOYEE will be paid one (1) day’s salary for each day of accrued annual leave remaining in the EMPLOYEE’S balance. ARTICLE 13. SHORT TERM DISABILITY 13.1 Each EMPLOYEE who has successfully completed the EMPLOYEE’S probationary period shall be eligible for the short- term disability benefit. Such an EMPLOYEE shall be entitled to full pay commencing on the twenty-first (21) consecutive working day on which the EMPLOYEE is absent due to a st 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 (110) working day of absence, whichever occurs first. Such an th EMPLOYEE shall also be entitled to full pay commencing on the eleventh (11) th consecutive working day on which the EMPLOYEE is absent due to a physician-certified illness or injury on the job and continuing until the EMPLOYEE returns to work able to carry out the duties and responsibilities of the EMPLOYEE’S position or through the one hundredth (100) working day of th absence, whichever occurs first. The amount of any compensation for the short- term disability benefit shall be reduced by any payment received by the disabled EMPLOYEE from workers’ compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short-term disability benefit by the City to an employee shall not exceed ninety (90) working days for any single illness or injury, regardless of the number of spacing of episodes. The annual leave balance of any EMPLOYEE receiving short-term disability benefit shall not be reduced, nor shall such EMPLOYEE accrue annual leave during that period. 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 14 13.2 Before any short term disability payments are made by the EMPLOYER to an EMPLOYEE, the EMPLOYER may request and is entitled to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The EMPLOYER also reserves the right to have an examination made at any time of any EMPLOYEE claiming payment under the short-term disability benefit. Such examination may be made on behalf of the EMPLOYER by any competent person designated by the EMPLOYER when the EMPLOYER deems the same to be reasonably necessary in order to verify the illness or injury claimed. 13.3 If an EMPLOYEE’S off-duty illness or injury exceeds one hundred (100) working days, the EMPLOYEE may draw from the EMPLOYEE’S remaining annual leave in addition to those benefits to which the EMPLOYEE receives in accordance with the workers’ compensation provisions. 13.4 If an EMPLOYEE’S on duty related illness or injury exceeds one hundred (100) working days, the EMPLOYEE may draw from the EMPLOYEE’S remaining annual leave in addition to those benefits to which the EMPLOYEE receives in accordance with the workers’ compensation provisions. 13.5 When an EMPLOYEE exceeds the one hundred ten (110) working days (off duty) disability or one hundred (100) working days (on duty) disability and commences to draw on annual leave, the EMPLOYEE shall again accrue benefits in accordance with accepted EMPLOYER policy. ARTICLE 14. OVERTIME 14.1EMPLOYEES will receive compensation at the OVERTIME rate of one and one-half (1 ½) times their normal rate for all OVERTIME as prescribed by the Fair Labor Standards Act. Shift trades by EMPLOYEES do not qualify an EMPLOYEE for OVERTIME under this Article. 14.2 In the event an employee not working a regularly scheduled shift is called back to work, the employee shall be paid a minimum of two (2) hours at the overtime rate. Any time worked in excess of two (2) hours will be calculated in fifteen (15) minute increments. To calculate the time worked on call back, time shall be considered to have started at the time of the alarm or call. In the event there is a delayed response to work by the employee of fifteen (15) or more minutes, time shall be considered to have started when the employee arrives at work. 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 15 For the purposes of this article, call-back is defined as any time an EMPLOYEE is not scheduled to work and is called back to work for emergency response. It does not apply toward training, meetings, or general assignments. 14.3 The EMPLOYER agrees to offer COMPENSATORY TIME off in lieu of OVERTIME as defined in Article 14.1 and in compliance with Fair Labor Standards Act Requirements. COMPENSATORY TIME shall not be accumulated in excess of seventy-two (72) hours, and must be used within the calendar year in which it was accumulated as determined by the EMPLOYER. 14.4Overtime will be distributed as equally as practicable. 14.5Overtime refused by EMPLOYEES will for record purposes under Article 14.4 be considered as unpaid overtime worked. 14.6For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 14.7 EMPLOYEES have an obligation to work overtime if requested, by the EMPLOYER unless circumstances prevent the EMPLOYEE from doing so. ARTICLE 15. EMPLOYEE EDUCATION PROGRAMS 15.1 The City will pay certain expenses for certain education courses based on the following criteria. The training course must have relevance to the Employee’s present or anticipated career responsibilities. Attendance shall be at a City-approved institution. The course must be pre-approved by the Department Manager. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational and technical schools, Minnesota School of Business, etc. 15.2 Employee Education Programs Financial Policy Financial assistance not to exceed the amount of two thousand nine hundred twenty-five dollars ($2,925.00) per EMPLOYEE per calendar year will be extended to cover the cost of tuition, required books or educational materials, and required fees related to the course (i.e. lab fees, etc.). Charges for student union membership, student health coverage, mileage, parking, and other charges for which the student receives some item or services other than actual instruction will not be paid. Upon successful completion of the course an EMPLOYEE will be required to present to his/her Department Manager a certification of satisfactory work. Satisfactory work is defined as follows: 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 16 a. In courses issuing a letter grade, a C or above is required. b. In courses issuing a numerical grade, seventy percent (70%) or above is required. c. In courses not issuing a grade, a certification from the institution that the student satisfactorily participated in the activities of the courses is required. 15.3 If the employee satisfactorily completes the course and provides the required documentation, the EMPLOYEE will be reimbursed 100% of the eligible costs (i.e. tuition, books, course fees, etc.). If the EMPLOYEE fails to satisfactorily complete the course, the City will not reimburse the EMPLOYEE for these costs. 15.4 The program will not reimburse the EMPLOYEE for hours spent in class, only for the tuition. 15.5 Expenses for which the employee is compensated under some other educational or assistance program, scholarships, or programs such as the GI bill, will not be covered. 15.6 The City will not pay tuition or other costs for those, courses which are used to make the employee eligible for additional salary. 15.7 The City will not reimburse the EMPLOYEE for any course which is not completed and/or any course which may be a duplicate or retaken. ARTICLE 16. HOLIDAYS 16.1 EMPLOYEES assigned to a fifty-six (56) hour workweek shall accrue eleven and two-tenths (11.2) hours at their regular rate of pay for each of the twelve (12) holidays in a calendar year as designated in Article 16.3. Beginning 1/1/2008, EMPLOYEES assigned to a forty (40) hour work week shall be paid eight (8) hours at their regular rate of pay for each of the designated holidays for the calendar year. 16.2. Annual leave hours taken during a pay period shall be reduced by the number of holidays hours earned during that same pay period, unless the EMPLOYEE requests otherwise in advance in writing to the payroll division of the Finance Department. 16.3 By October 1 of each year, the EMPLOYER AND EMPLOYEES will agree on st the schedule for the twelve (12) designated holidays for the following year(s) 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 17 and will provide the Payroll Division of the Finance Department and Human Resources with a copy of the list 16.4EMPLOYEES required to work on any of the designated holidays shall be paid at the OVERTIME rate (one and one-half times base rate) for all hours worked on the designated holiday between the hours of midnight and midnight. For any OVERTIME hours worked on a holiday EMPLOYEES shall be paid two (2) times their base rate of pay. ARTICLE 17. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. ARTICLE 18. BEREAVEMENT LEAVE 18.1 Bereavement leave will be granted to full-time EMPLOYEES up to a maximum of forty-eight (48) scheduled hours over a consecutive three(3)day period. Bereavement Leave is granted in case of deaths occurring in the immediate family. For this purpose, immediate family is considered to include those individuals (either by blood or by law) such as: spouse, children, parents, brothers, sisters, grandparents, grandchildren, parent’s in-laws, brother’s in- law, and sister’s in-law. 18.2 The EMPLOYER will allow EMPLOYEES to follow current practices for non- union employees, which gives EMPLOYEES an option to appeal directly to the CITY MANAGER for additional time off if extenuating circumstances prevail. ARTICLE 19. JURY PAY 19.1 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 20. UNIFORM ALLOWANCE 20.1The EMPLOYER shall provide a uniform clothing allowance for EMPLOYEE in the amount of $545 for the 2017 calendar year and $550 for the 2018 calendar year and $560 for the 2019 calendar year. 20.2Beginning in 2011, the EMPLOYER shall provide the uniform allowance by for that calendar year. Jan. 31 st 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 18 ARTICLE 21. INSURANCE 21.1 For the calendar year 2017, for EMPLOYEES who choose single coverage in the Base Plan, the Employer will contribute up to $739.88 per month per employee toward the health insurance premium or the amount provided to non-union employees, whichever is greater, in accordance with the Employer’s Flexible Benefit Plan. For the calendar year 2018 and 2019, for EMPLOYEES who choose single coverage in the Base Plan, the Employer will contribute the 2017 amount per month per employee toward the health insurance premium or the amount provided to non-union employees, whichever is greater, in accordance with the Employer’s Flexible Benefit Plan. 21.2 For the calendar year 2017, for EMPLOYEES who choose dependent coverage in the Base Plan, the Employer will contribute up to $1,571.07 per month per employee toward the health insurance premium, or the amount provided to non-union employees, whichever is greater, in accordance with the Employer’s Flexible Benefit Plan. For the calendar year 2018 & 2019, for EMPLOYEES who choose dependent coverage in the Base Plan, the Employer will contribute the 2017 amount per month per employee toward the health insurance premium, or the amount provided to non-union employees, whichever is greater, in accordance with the Employer’s Flexible Benefit Plan. 21.3For the calendar year 2017, for EMPLOYEES who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute $603.97per month toward the single health insurance premium and $1,459.07 toward dependent health insurance premium, or the amount provided to non-union employees, whichever is greater, in accordance with the Employer’s Flexible Benefit Plan. For the calendar year 2018 & 2019, for EMPLOYEES who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute the 2017 amount per month toward the single health insurance premium and the 2017 amount toward dependent health insurance premium, or the amount provided to non-union employees, whichever is greater, in accordance with the Employer’s Flexible Benefit Plan. 21.4For the calendar year 2017, for EMPLOYEES who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute $100 per month toward the VEBA Trust Account, or an equal amount to that provided to non-union employees, whichever is greater, in accordance with the Employer’s Flexible Benefit Plan. For the calendar years of 2018 & 2019, for EMPLOYEES who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute $100 per month toward the VEBA Trust Account, or 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 19 an equal amount to that provided to non-union employees, whichever is greater, in accordance with the Employer’s Flexible Benefit Plan. 21.5For the calendar year 2017, for EMPLOYEES who choose the high deductible health plan and healthcare savings account (HSA), the Employer will contribute $570.17per month toward single health insurance premium and $1,459.07 toward the dependent health insurance premium, or the equal amount provided to non-union employees, whichever is greater, in accordance with the Employer’s Flexible Benefit Plan. For the calendar years of 2018 & 2019, for EMPLOYEES who choose the high deductible health plan and healthcare savings account (HSA), the Employer will contribute the 2017 amount per month toward the single health insurance premium and the 2017 amount toward the dependent health insurance premium, or the amount provided to non-union employees, whichever is greater, in accordance with the Employer’s Flexible Benefit Plan. 21.6For the calendar year 2017, for EMPLOYEES who choose the high deductible health plan and healthcare savings account (H.S.A.), the Employer will contribute $100 per month toward the H.S.A. Account, or an equal amount to that provided to non-union employees, whichever is greater, in accordance with the Employer’s Flexible Benefit Plan. For the calendar years of 2018 & 2019, for EMPLOYEES who choose the high deductible health plan and healthcare savings account (H.S.A.), the Employer will contribute $100 per month toward the H.S.A., or an equal amount to that provided to non-union employees, whichever is greater, in accordance with the Employer’s Flexible Benefit Plan. 21.7For the calendar years of 2017, for EMPLOYEES who choose the health/dental coverage, the Employer will contribute up to $25 per month toward the dental insurance premium. For the calendar years of 2018 & 2019, for EMPLOYEES who choose the health/dental package, the Employer will contribute the 2017 amount per month toward insurance premium or the amount provided to non- union employees, whichever is greater, in accordance with the Employer’s Flexible Benefit Plan. 21.8For the calendar years of 2017, the Employer will provide group term life insurance with a maximum of $25,000 per EMPLOYEE and additional accidental death and disability insurance with a maximum of $25,000 per EMPLOYEE (current cost is $2.88 per month), or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer’s Flexible Benefit Plan. 21.9For 2017, in accordance with the Employer’s Flexible Benefit Plan, EMPLOYEES have the option during an open enrollment period or during approved qualified events to decline health or dental insurance coverage, provided they provide proof of coverage elsewhere. In lieu of electing health and 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 20 dental benefits, EMPLOYEES may elect the option of having ten (10) additional Benefit Leave Days or a monthly cash benefit of $476.77, or the amount equal to or greater than the amount provided to non-union employees. Benefit Leave days are required to be used within in the calendar year and may not be carried into the following year. 21.10Effective of the adoption of the 2014 contract, all EMPLOYEES shall be enrolled in a retirement health savings plan (RHS) and shall contribute $25.00 per pay period into their account. ARTICLE 22. RATES OF PAY 22.1 The following hourly wage rates will become effective Jan. 1, 2017 (Note: amounts may be rounded to two decimal points.) Firefighter (Based on a 56 Hour Work Week) Step 1/1/2017, 1/1/2018, 1/1/2019 19.86 Start 20.86 After six mos. 21.89 After 1.5 yrs. 22.97 After 2.5 yrs. 24.16 After 3.5 years 22.2 Firefighter/Inspector (Based on a 40-hour work week) Step 1/1/2017, 1/1/2018, 1/1/2019 33.81 Top Rate The hourly rate is equivalent to the 3 ½ year rate multiplied by 2912 hours and divided by 2080 (standard 40 hour work week). 22.3 Captain (Based on a 56-hour work week) Step 1/1/2017 1/1/2018 1/1/2019 Start 25.00 25.68 26.45 At 1 Years 25.63 26.32 27.11 At 2 Years 26.29 27.01 27.82 All members promoted to Captain after 1/1/2014 will be placed at the starting step. 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 21 ARTICLE 23. WORKING OUT OF CLASSIFICATION 23.1 Employees assigned by the Employer to assume the full responsibilities and authority of a higher classification for more than one (1), three (3)-week work schedule shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 24. WAIVER 24.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of the AGREEMENT, are hereby superseded. 24.2 The parties mutually acknowledge that during the negotiations, which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of the AGREEMENT. The EMPLOYER and the 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 in this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 22 ARTICLE 25. DURATION The AGREEMENT shall be effective as of the first day of January, 2017 and shall remain in full force and effect through the thirty-first day of December, 2019. In witness whereof, the parties hereto have executed this AGREEMENT on this day _______________ on _____________________________________ (date). I/We hereby recommend to the City Council approval of this agreement. : SIGNATURES FOR THE CITY OF FRIDLEY MAYOR –SCOTT J. LUND DATE CITY MANAGER – WALTER T. WYSOPAL DATE HUMAN RESOURCES DIRECTOR, DEBORAH K. DAHL DATE FIRE CHIEF, JOHN D. BERG DATE FOR THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986: WALTER MESSER, UNION PRESIDENT DATE MATT ALLARD, UNION SECRETARY DATE 2017-2019 Labor Agreement – City of Fridley vs. IAFF Local 1986 (rev. 7/19/2017) 23 ` AGENDA ITEM CITY COUNCIL MEETING OF JULY 24, 2017 TO: Walter Wysopal, City Manager PW17-046 FROM: James Kosluchar, Public Works Director DATE: July 21, 2017 SUBJECT: Approve a Memorandum of Agreement with the Rice Creek Watershed District for a 2017 Metropolitan Council Stormwater Grant for the Fridley Civic Complex As you may recall, in the spring of 2016 and 2017, the City requested that our partners at the Rice Creek Watershed District (RCWD) apply for a stormwater system grant through a new Metropolitan Council program for the Fridley Civic Complex. This program was identified as a potential funding source for construction and upgrading of the stormwater treatment pond system that has been designed. The proposed project will both improve the water quality of storm water discharged to the Rice Creek and the Mississippi River, by inclusion of an iron-enhanced sand filter (IESF) treatment system. In April 2017 the RCWD was authorized to submit a 2017 Metropolitan Council Stormwater Grant application for the Civic Center Complex project. According to Metropolitan Council grant requirements, the RCWD must be the named applicant and must sign the grant agreement as the Grantee. The City is responsible to design, construct and operate the project and provide a local cost share. Our project received the highest score for applications received in 2017, and the Metropolitan Council awarded a grant of $159,000 for the project. In addition, the approved 2017 RCWD budget had allocated $70,000 within the Southwest Urban Lakes Implementation budget specifically to assist with this project. The RCWD and the Met Council will enter into a grant agreement for the project. The RCWD will primarily serve only as the formal grantee to pass Met Council grant funds on to the City. Based on this, the RCWD and City of Fridley agreed as part of the grant application process to enter into the attached Memorandum of Agreement (MOA) that identifies that the City will be responsible to ensure that all terms of the grant agreement are met including: Preparing the required work plan and budget, Funding the remaining local match required for the improvements, Completing construction per the grant agreement, and Performing required operation and maintenance, The RCWD will remain formally responsible to the Met Council, but under the MOA, the City commits to the RCWD to perform all grant-related obligations. The RCWD is set to approve the MOA shortly, and has scheduled a public hearing required by RCWD rules for July 26, 2017. Overall, the District will be providing $70,000 of its own funds and $159,000 in Met Council funds to the City (totaling $229,000). The City’s share of cost stands estimated at $192,475. This will requirethat the City award the alternate project items for the IESF system of $85,500, and the remaining funding will apply to system components that have been awarded. The two partner funding allocations will, in addition to improving stormwater treatment, reduce the project cost by $143,500. In order to formalize this funding commitment from the Met Council and RCWD, the attached MOA is presented, which has been reviewed and approved for execution by legal counsel. Staff is recommends that the City Council move to approve the attached Memorandum of Agreement with the Rice Creek Watershed District for a 2017 Metropolitan Council Stormwater Grant for the Fridley Civic Complex Project. If approved, the MOA will be executed, and implementation directed upon its final receipt. JPK/jk Attachment MEMORANDUMofAGREEMENT CITYofFRIDLEYandRICECREEKWATERSHEDDISTRICT CITYOFFRIDLEYCIVICCOMPLEX ThisMemorandumofAgreement(MOA)isenteredintobetweentheCityofFridley,astatutorycityand politicalsubdivisionoftheStateofMinnesota(“City”),andtheRiceCreekWatershedDistrict,apolitical subdivisionoftheStateofMinnesotawithpowersandpurposessetforthatMinnesotaStatutes Chapters103Band103D(“District”)(together,the“Parties”). RECITALS A.AttherequestoftheCity,theDistrictappliedtotheMetropolitanCouncil(“Council”)fora2017 StormwaterGranttoprovidepartialfundingforconstructionofastormwatertreatmentsystemin excessofDistrictrulerequirements.Thesystemwillincludepretreatmenthydrodynamicseparators,a recirculationsystemandironenhancedsandandbiocharfilters(the“Project”).TheProjectwillreduce loadingsofphosphorus,sediment,coliformbacteriaandotherpollutantstowatersofthestate. B.TheDistricthasbeenawardedagrantintheamountof$159,000fortheProject.Asgrantee,the DistrictwillbethegrantagreementsignatoryandassumeobligationstotheCouncilunderthat agreement. C.TheDistrictwillserveasgranteeonlybecausebydirectionoftheCouncil,undertheStormwater Grantprogram,awatersheddistrictmustbetheapplicantandnamedgrantee.TheCitywilldesign, construct,ownandmaintaintheProject.TheDistricthasagreedtoserveasgranteetofacilitatethe City’saccesstothegrantfundsandontheconditionthattheCitywillberesponsibletotheDistrictfor allgrantrequirements. D.TheDistrict’sdulyadoptedWatershedManagementPlan(2010,amendedNov.2016)identifiesfor implementationofwaterqualitytreatmentprojectsintheSouthwestUrbanLakesarea,including innovativestormwatermanagementpracticesattheproposedCityofFridleyCivicCenterComplex. E.InadditiontotheMetropolitanCouncilgrantof$159,000,theDistrict,inaccordancewithits WatershedManagementPlan,wishestoprovidetheCityuptoanadditional$70,000incostshare assistancefortheProject. TERMS 1.AttachmentAtothisMOA,andincorporatedherein,istheProjectgrantagreementincludingwork planandprojectbudget(together,“GrantAgreement”).OnfullexecutionofthisMOA,theDistrictwill signtheGrantAgreement. 2.TheDistrict,onsigningtheGrantAgreement,willassumeobligationstotheCouncilassetforthinthe GrantAgreement.TheCityrecognizesthatasthepartybenefittingfromthegrantfunds,itis responsibletomeetgranteeobligations.ThePartiestogetherwillcommunicatewiththeCouncilto establishwhichobligationsundertheGrantAgreementmaybemetdirectlybytheCitywithoutthe actionorinvolvementoftheDistrict. 1 3.AstothosegrantobligationsforwhichtheDistrictmustremainformallyresponsible,theCityis responsibletotheDistricttomeetthoseobligations,andtodosopromptlysothattheDistrictmay meetalldeadlinesintheGrantAgreement.Specifically,butnotexclusively,theCitywilldothe followinginaccordancewiththeparagraphoftheGrantAgreementindicatedinparentheses: a.Design,construct,providesignagefor,ownandmaintaintheProjectinaccordancewiththe GrantAgreementandanyapplicabledeadlinestherein.TheCityrepresentsthatitownsorhas accessrightstoallelementsof theProjecttowhichaccessisrequiredformaintenance. b.ProvideallmatchingfundsnotprovidedbytheDistrictasoutlinedinparagraph5ofthisMOA (2.03). c.NotifytheDistrictofanyProjectbudgetlineitemcostexceedanceand,onCouncildemand, providetheDistrictwithpromptrepayment ofanauthorizedorundocumenteduseofgrant proceeds(3.02). d.ConformtoCouncilrequirementsunderitsUnderutilizedBusinessProgram(3.03). e.Conformtoallapplicablepersonalpropertymanagementrequirements;timelytransmitto theDistrictdocumentationrequiredforthefinalreport;cooperateinthetitletransferand dispositionofanysuchproperty;notifytheDistrictofanywithdrawal,misuseorcasualtylossof suchproperty;andremitvalueofsuchproperty(3.04). f.EnsurethattheProjectincludeseducationalsignagethatcreditstheCouncil’scontributionto theProject(3.05). g.Maintainandretainprojectaccountingrecords(4.01),anddeliverallsuchrecordstothe Districtonrequestforaudit(4.02). h.Attheendofeachcalendarquarter,providetheDistrictaGranteeReimbursement Request/QuarterlyReport,informandcontentreadyforDistricttransmittaltotheCouncil (5.01). i.Atexpirationofthegrantperiod,providetheDistrictafinalreportandcertificationbythe City’schieffinancialofficer(5.02),informandcontentreadyforDistricttransmittaltothe Council. j.CoordinateandallowCouncilsitevisits(5.03). k.Complywithallapplicablelawsandobtainallapplicableapprovals(6.01,6.07). l.Refundanyduplicategrantamountsforwhichotherfundingorreimbursementhasbeen received(6.02). m.SubmitastatementastoanyproposedchangeinscopeorcostofapartoftheProject(6.04). n.Complywithapplicableequalopportunityandaffirmativeactionrequirements(6.06). o.ComplywiththeDataPracticesActandpromptlynotifytheDistrictofarequestfordata regardingtheProject(6.11). p.AcknowledgetheCouncil’sgrantassistanceinanypromotionalmaterialabouttheProject andsubmitacopyofanysuchmaterialtotheDistrict(6.12). 2 4.ThePartieswillcommunicatepromptlywitheachothertofacilitatetimelycompliancewithGrant Agreementrequirements.TheDistrictwillpromptlydisbursegrantfundstotheCityonrecognitionof receiptfromtheCouncilintheDistrict’sdepositaryaccount. 5.TodefraytheProjectcosttotheCity,the DistrictwillprovidetheCityadditionalcostshareassistance intheamountof50percentofthenongrantfundedshareofProjectconstructioncontractcost,as determinedbytheDistrict,nottoexceed$70,000.00.OnDistrictapprovalofamaintenanceplanfor theProject,receiptoftheCity’scertificationofcompletionandreviewofsuchProjectdocumentationas itmayrequire,theDistrictwilldisburseitsBoardapprovedfundstotheCity. 6.ThefollowingreflectstheDistrict’slimitedroleasformalgrantee: a.ThePartieswillcooperatetoensurethat:(a)thetermsoftheGrantAgreementaremet;and (b)theadministrativecostsandresourceburdensincurredbytheDistrictasgranteeare minimized. b.AsbetweentheParties,theCitywillfullybear:(i)Projectcostincreases;(ii)theriskthat,for anyreason,theCouncildoesnotprovidethefullgrantamount;and(iii)theobligationtoreturn orrepayanygrantamount;aseithermayariseundertheGrantAgreement. c.SubjecttoandlimitedbythetortliabilitylimitssetforthinMinnesotaStatutesChapter466, theCitywillholdtheDistrictharmlesswithrespecttoanyclaim,proceeding,cost,liabilityor damagetheCityincursarisingoutoftheGrantAgreementortheDistrict’sroleasgrantee thereunder.SubjecttoandlimitedbythetortliabilitylimitssetforthinMinnesotaStatutes Chapter466,theCitywillindemnifytheDistrictwithrespecttoanyclaim,proceeding,cost, damageorDistrictliability(includingreasonableattorneyfees)arisingoutoftheGrant AgreementortheDistrict’sroleasgranteethereunder,includingbutnotlimitedtoanyDistrict costorliabilityarisingoutofitsobligationtodefend,holdharmlessandindemnifytheCouncil pursuanttoparagraph6.03oftheGrantAgreement. d.InanyproceedingarisingundertheGrantAgreement,thePartieswillcooperatetosubstitute oraddtheCityaspartyininterest,bothtominimizeDistrictcostandtoallowtheCitytofully protectitsinterests. e.NotwithstandinganyothertermofthisMOA,nothinghereincreatesarightinanythirdparty orwaivesanimmunity,defenseorliabilitylimitofapartyheretowithrespecttoanythirdparty. AsbetweentheParties,onlycontractualremediesareavailableforaparty’sfailuretofulfillthe termsofthisMOA. f.ThisMOAisnotajointpowersagreementunderMinnesotaStatutes§471.59andnothing hereinconstituteseitherparty’sagreementtoberesponsiblefortheactsoromissionsofthe otherpartypursuanttosubdivision1(a)ofthatstatute. 7.TheresultsoftheProject,thereportssubmittedundertheGrantAgreement,andanynew informationortechnologydevelopedwiththeassistanceofthegrantareinthepublicdomainandmay notbecopyrighted,patented,trademarkedordesignatedastradesecretbyeitherparty. 3 8.EachcommunicationunderthisMOAwillbemadetothefollowingrepresentatives: District:City: AdministratorWalterWysopal,CityManager RiceCreekWatershedDistrictCityofFridley 4325PheasantRidgeDriveNE#6116431UniversityAvenueNE Blaine,MN554494539Fridley,MN55432 Contactinformationwillbekeptcurrent.Apartymaychangeitscontactbywrittennoticetotheother party. 9.Miscellaneousterms: a.ThisMOAiseffectiveonexecutionbybothpartiesandwillremainineffectuntiltheGrant Agreementterminates.AnobligationofapartyunderthisMOAthatbyitsnaturecontinues beyondGrantAgreementterminationwillsurvivetheexpirationofthisMOA,includingbutnot limitedtoobligationssetforthatparagraphs3.a,3.g,3.p,6.cthrough6.f,and7. b.ThisMOAmaynotbeamended,assignedortransferredexceptinawritingexecutedbythe dulyauthorizedrepresentativesoftheParties. c.Aparty’sfailuretoenforceatermofthisMOAdoesnotwaivethatparty’srighttoenforceit subsequently. d.TheaboveRecitalsareincorporatedintothisMOA. INWITNESSWHEREOF,thepartiesexecutethisMOAbytheirauthorizedofficers,intendingittobelegally binding. CITYOFFRIDLEY By_________________________________Date: ItsMayor Approvedforformandexecution: ____________________________________ RCWDCounsel RICECREEKWATERSHEDDISTRICT By_________________________________Date: ItsPresident 4 · · AGENDA ITEM CITY COUNCIL MEETING OF JULY 24, 2017 TO: Walter Wysopal, City Manager PW17-043 FROM: James Kosluchar, Public Works Director Jon Lennander, Assistant City Engineer Nic Schmidt, Civil Engineer DATE: July 20, 2017 st SUBJECT: Approve Change Order 1 (Final) for 71 Avenue Watermain Project 17- 513 st Attached is Change Order No. 1 for the 71 Avenue Watermain Project 17-513. This project was a critical step in the redevelopment of the Columbia Arena site, and was necessary to provide water service to the existing Public Works building during construction, and will be the source of water for the new Civic Campus and private development parcels going forward. The project is being performed under a contract with Land Pride Construction, LLC of Paynesville, MN. The amount of this change order is $146,065.68. There is no change to the contract completion date for the project as a result of this change order. Total work included in Change Order 1 for this project would increase the original contract by 60%. This substantial amount of additional work was required due to the following: 1. The contractor was required to modify the water main depth and alignment at the east side of the Public Works Garage to perform adequately during and after construction and avoid utility conflicts. This change modified the contract by increasing the anticipated amount of crew time to complete the work, pavement and boulevard restoration, water main fittings, and hydrant extension, as directed by staff and added $8,726.09 to the project cost. 2. The contractor was required to abandon the directional boring installation for approximately 380’ and required open cut construction due to groundwater in the area 4’ higher than geotechnical borings showed. While the pipe was attempted to be installed by directional boring over this segment, it floated due to a combination of this high groundwater and soils and needed to be replaced. The City received a credit on the boring installation of $9,120.00, and added costs of 12” pipe, rental of a larger trench box, mobilization and rental of a larger excavator, rock for dewatering, increased pavement and boulevard restoration st and increased curb replacement. The contractor was also required to keep 71 Ave NE open for traffic to the Public Works Garage, Community Gardens and Anoka County Park; requiring the contractor to work with more caution and interruptions. As directed by staff, this work increased the cost of construction by $46,721.20. 3. Additional pavement removal and restoration was required for the changes above, and totaled $64,188.50. This cost was higher than normal for restoration, as paving was needed at multiple times during the project to keep the access to Public Works and construction site open. 4. The contractor was required to provide soil corrections at the east side of the Public Works Garage due to structurally deficient soils. The contractor made efforts to open and dry the unsuitable materials without desirable results. Suitable materials were imported and fabric was installed to rebuild the roadway and have it adequately perform for the heavy Public Works vehicles. This change modified the anticipated restoration, as directed by staff and added $2,672.89 to the project cost. 5. The contractor was required to dewater more than was initially anticipated. Soil borings taken on 8/12/16, adjacent to the water main alignment, revealed a water table 7.5 feet below grade. At the time of water main installation the water table was 4 to 4.5 feet below grade. This required the contractor to import rock for dewatering and decreased anticipated productivity rates. The contractor was also required to maintain access to the Community Gardens and County Park. This change in anticipated conditions modified the original contract, increasing the cost of construction by $25,305.00. Changes were directed with the knowledge that any delay in completing the water main would have caused a larger delay in the work on the Civic Campus. Land Pride Construction was responsive in implementing the changes quickly to avoid delay, and working with the City on minimizing costs of changes, including absorbing some of the cost. City staff directed all changes above as necessary to fulfill our project goals and meeting our standards. These changes will increase the capital construction cost for this project, paid for from the water fund. Staff is recommending that the City Council move to approve Change Order No. 1 (Final) for the st 71 Avenue Watermain Project in the amount of $146,065.68 to Land Pride Construction. If approved, the contract amount shall be increased from $243,026.50 to $389,092.18 . JPK/jpk Attachment PublicWorksDepartment Streets • Parks • Water • Sewer • Stormwater • Fleet • Facilities• Engineering 20Jul17 LandPrideConstruction 50480368thStreet Paynesville,MN56362 SUBJECT:ChangeOrderNo.171stAVENUEWATERMAINPROJECTNO.17513 Youareherebyordered,authorized,andinstructedtomodifyyourcontractfortheabovereferencedprojectbyincludingthe followingitems: ITEMNO.UNITSQUANTITYUNITDESCRIPTIONPRICECOST RemoveConcreteCurb C3LF3025.00$$1,510.00 C44”BituminousPatchw/8”Class5AggregateSY88053.00$$46,640.00 3”BituminousDrivewayw/6”Class5Aggregate C5SY25053.00$$13,250.00 C16FittingsLBS63112.00$$7,572.00 C1AInstall12"WatermainandExtension(DesignChanges)LS18,726.09$$8,726.09 C1BInstall380LFofWatermain(RepairofDirectionalBoreInstall)LS146,721.20$$46,721.20 C1CSoilCorrectioninPWParkingLotLS12,672.89$$2,672.89 C1DDewateringLS125,305.00$$25,305.00 CurbLF3907.15$$2,788.50 C1EAsphalt $ CdeductDeductforDirectionBoringworkLS1(9,120.00)$$(9,120.00) $ $ $ $ $ $ $ $ CHANGEORDERNO.1TOTAL=$146,065.68 CHANGEORDERNO.1TOTAL$146,065.68 OriginalContractAmount:243,026.50$ PriorChangeOrdersApproved:$0.0%ofOriginalContractAmount ThisChangeOrder:146,065.68$60.1%ofOriginalContractAmount ProposedContractAmount:389,092.18$ SubmittedandapprovedbyJamesKosluchar,DirectorofPublicWorks,onthe20thDayofJuly,2017 JamesP.Kosluchar,DirectorofPublicWorks Approvedandacceptedthisthdayof,2017byLandPrideConstruction LandPrideConstruction Approvedandacceptedthisthdayof,2017bytheCityofFridley ScottLund,Mayor WalterT.Wysopal,CityManager Page1of1 AGENDA ITEM CITY COUNCIL MEETING OF JULY 24, 2017 INFORMAL STATUS REPORTS