Loading...
HomeMy WebLinkAboutCC PACKET 12161999 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII ioossz Box: 17 Folder: CC PACKETS 1999-2001 Document: CC PACKET 12161999 AMENDED RESOLUTION CITY OF ST. ANTHONY RESOLUTION 99-073 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT RELATING TO THE COPS OVERTIME/REPLACEMENT GRANT PROJECT BE IT RESOLVED by the City Council of the City of St. Anthony that the St. Anthony Police Department is hereby authorized to enter into a cooperative agreement with the Office of Drug Policy and Violence Prevention in the Minnesota Department of Public Safety for the project entitled Cops Overtime/Replacement Grant during the period from January 3, 2000 to the end of ISD #282 school year. BE IT FURTHER RESOLVED that the City Council of the City of St. Anthony hereby authorizes Police Chief Richard Engstrom to execute such agreements and amendments as are necessary to implement the project on behalf of the St. Anthony Police Department. Adopted this day of , 1999. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager CERTIFICATION I hereby certify that the above resolution is a true and accurate copy of the City of St. Anthony records. City Clerk cgaea° fie° e December 14, 1999 o • a Mike Morrison o a City of Saint Anthony 3301 Silver Lake Road N.E. St. Anthony, Minnesota 55418 Board of Directors: Jane Berg Dear Mike: Bonnie Brevet Sally Cain As you are aware, ACTION is working to assure a better future for Dennis Cavanaugh the young people to our community. Although we can boast about Dale Gunderson many of our youth, evidence shows that we still have much work to Phil Hoversten Glenn Seefeldt do to help our kids avoid risky behaviors. June Stuhr George Wagner The process of educating and encouraging parents, neighbors, busi- nesses, students, schools, educators, and caregivers to take action lead- Publicity ing to the positive development of youth will take time and effort. Think Tank The job will never be complete. Therefore, we ask for your continued Eric Berkeland financial support to further this effort. Nancy Gonzalez Karen Johnson ,Last year, your"contribution of$2500 helped us sponsor an Barry Kinsey I ntergene rational Dialogue, distribute literature to over 1500 Donna Osteraas Villagefest participants, publish numerous articles educating parents, Patti Sausser purchase materials for a Parent Newsletter starting in January of 2000, Kathy Stroncek serve as fiscal agent to the Honduras Project at Wilshire Elementary Eric Weatherman School,'and fund the Focus Group project of the Community Sharon Walker Prevention Coalition. We learned just today that we also will be receiving funding for following-up on the goals of the Outreach Team Intergenerational Dialogue. Funds from the City of St. Anthony will Dale Gunderson also go to those protects. Phil Hoversten Frank Loreno The City's financial contribution is a significant part of our funding. George Wagner We ask that you again contribute $2500 to help us further this impor- Ereeutive Director tant work. Amy Sparks Respectfull yours, Phone: 706 1185 %� Amy!S rk , Exe Director AC ON Adults �ve Children Together In Our Neighborhoods � m Nea�nnr�N _ H.R.A. IMMEDIATELY FOLLOWING REGULAR COUNCIL MEETING. J • CITY OF ST. ANTHONY CITY COUNCIL AGENDA FOR CONTINUATION OF TRUTH IN TAXATION ADOPTION MEETING December 16, 1999 6:00 PM Council Chambers I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. Il. ROLL CALL. • III. APPROVAL OF NOVEMBER 30, 1999 TRUTH IN TAXATION PUBLIC HEARING MINUTES. IV. RESOLUTION 99-072, RE: ADOPTION OF 2000 TAX LEVY AND 2000 CITY BUDGET. V. ADJOURNMENT. The Regular City Council meeting will follow the Continuation of Truth in Taxation Adoption meeting. 1' i1 1 CITY OF ST. ANTHONY TRUTH IN TAXATION HEARING 3 NOVEMBER 30, 1999 4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 5 The meeting was called to order at 7:00 p.m. followed by the Pledge of Allegiance led by Mayor 6 Ranallo. 7 II. ROLL CALL. 8 Councilmembers present: Mayor Ranallo, Cavanaugh, Marks, Faust and Thuesen 9 Councilmembers absent: None 10 Also present: Michael Morrison, City Manager; William R. Soth, City Attorney. 11 III. OPEN TRUTH IN TAXATION PUBLIC HEARING 12 Mayor Ranallo opened the public hearing at 7:02 p.m. 13 Ranallo reviewed for the audience the budget process for the City. He stated that the Truth in 14 Taxation Hearing was not a meeting regarding the valuation of property, but rather a presentation 15 of the City's proposed budget for the next year. Ranallo reminded the audience that a hearing 16 regarding valuation of property would be held at the Board of Review in April 2000. Ranallo further stated that the City has extensively studied the budget, made modifications, and 8 on September 14, 1999, a dollar figure for the budget was adopted. Ranallo mentioned that 1999 19 is the first year that a hearing has been required in order to adopt the City's budget. 20 Ranallo continued by stating that the City has proposed a tax_increase of 1.8%. However, 21 residents could experience a decrease in taxes because the valuation of property has increased 22 over the last year. The residential tax base is at 74%; apartments, 12%; commercial, 12%; and 23 other all other tax bases are 2%. Ranallo clarified that only the City's portion of the total budget 24 is discussed at the Truth in Taxation meeting. Consequently, the School District and the County 25 has a separate hearing for each of those specific budgets. 26 IV. PRESENTATION OF 2000 CITY BUDGET AND TAX LEVY BY CITY MANAGER 27 AND FINANCE DIRECTOR 28 Ranallo introduced Roger Larson, City Finance Director, and Michael Morrison, City Manager, 29 and invited them to address the Council. 30 Morrison stated that the Truth in Taxation hearing is held to receive input from the public about 31 the proposed budget for the following year.' 32 Morrison,presented the Second Draft of the City's proposed 2000 budget, and in particular, 33 directed the Council's attention to the General Fund Statement of Revenues, Expenditures, and 4 Changes in Fund Balance. This Statement reflected that the budget has revenues proposed at 5 $3,527,450, which is a 4.91 % increase over 1999 budget. Truth in Taxation Hearing November 30, 1999 Page 2 1 Mornson continued by reviewing the General Fund Statement regarding major expenditures, 2 which included (1) General Management, Finance, Insurance/Accounting (approximately 3 $420,000); (2) Police Department for St.Anthony (approximately $1,000,000);(3) Police 4 Department Protection for Lauderdale/Falcon Heights (approximately $474,000); (4) Fire 5 Protection (approximately $495,000); and (5) Public Works (approximately $537,000). 6 Mornson then directed the Council's attention to a pie chart of General Fund Revenues, which 7 depicted the following revenues: (1)Tax Levy (46.7%); (2) Intergovernmental Revenue (20.4%); 8 (3) Contracts (15.6%);.(4) Licenses and Permits (2.7%); (5) Fines (2.8%); (6) Transfers (9.6%); 9 and (7) Miscellaneous (2.2%). 10 Mornson continued by presenting a different pie chart depicting the following General Fund 11 Expenditures: (1) Contracts (13.5%); (2) Fire (15.2%); (3) Public Works (21.2%); (4) Transfers 12 (2.1%); (5) General Government (9.4%); (6) Finance and Insurance (7.7%); (7) Inspections 13 (2.1%); and (8) Police (28.8%). 14 Mornson requested that Roger Larson continue the presentation with a review of the proposed 15 tax rate calculation and the impact for the residents. 16 Larson began by stating that the City of St. Anthony is split in both Ramsey and Hennepin 17 Counties, and he presented a valuation report that stated the following: 18 Hennepin County 19 A home valued at $125,000 in 1999 and in 2000 would receive a decrease in City taxes of 20 $39.33. 21 A home valued at $118,000 in 1999 and $125,000 in 2000 would receive a decrease in City taxes 22 of$.98. 23 Ramsey County . 24 A home valued at$129,500 in 1999 and in 2000 would receive a decrease of$41.68. 25 A home valued at $120,300 in 1999 and$129,500 in 2000 would receive an increase of$8.92. 26 Mornson presented a statement entitled "What Do I Get for My Taxes," which set forth specific 27 dollar amounts paid by the resident for the City's expenditures based on an average home 28 valuation of$125,000 and City taxes of$476.32. 29 Ranallo wished to clarify that 20% of the total tax bill is for City taxes; 50% of the total tax bill 30 is for the school, and about 30% of the total bill is for county, state and governmental agencies. 31 For the public's information, Ranallo pointed out that the school will hold a public hearing on its • . T Truth in Taxation Hearing November 30, 1999 Page 3 1 budget during the week of December 6, 1999, and the County will hold a public hearing also in 2 December on its budget. 3 V. SET DATE FOR ADOPTION HEARING FOR THE 2000 BUDGET AND TAX LEVY 4 FOR THURSDAY, DECEMBER 16, 1999 AT 6:00 P.M. 5 Ranallo stated that the City was required to set a date for the adoption of the Year 2000 budget. 6 Motion by Marks, second by Thuesen, that the date for adoption of the Year 2000 Budget and 7 Tax Levy will be held on Thursday, December 16, 1999 at 6:00 p.m. in Council Chambers. 8 Motion carried unanimously 9 VI. CLOSE PUBLIC HEARING. 10 Motion by Faust, second by Marks, to close the public hearing at 7:18 p.m. 11 Motion carried unanimously. 12 VII. OTHER BUSINESS. 0 3 Ranallo wished to thank the City Staff members for their dedication and effort, and for those who 4 were in attendance to answer questions regarding the proposed budget. The City of St. 15 Anthony's City Staff is as follows: Richard Johnson, Fire Chief; Richard Engstrom, Police 16 Chief; Roger Larson, Finance Director; Mike Larson, Liquor Operations Manager; Jay Hartman, 17 Public Works Director; Kim Moore-Sykes, Management Assistant; and Connie Kroeplin, City 18 Clerk. 19 VIII. ADJOURNMENT. 20 Motion by Marks, second by Faust, to adjourn the meeting at 7:20 p.m. 21 Motion carried unanimously. 22 Respectfully submitted, 23 Sue Selseth 24 TimeSaver Off Site Secretarial, Inc. 25 26 Mayor 1*7 ATTEST: 28 City Clerk 1 J. CITY OF ST ANTHONY RESOLUTION #99-072 A RESOLUTION CERTIFYING THE CITY OF ST. ANTHONY 2000 TAX LEVY AND BUDGET IN COMPLIANCE WITH THE TRUTH IN TAXATION ACT WHEREAS, the Truth in Taxation Law requires the City of St. Anthony provide Hennepin and Ramsey Counties with a certified 2000 tax levy and budget; and WHEREAS, the City Council has reviewed the City Manager's proposed 2000 budget; and WHEREAS., the City Council held a Public Hearing on November 30, 1999, 7:00 P.M. in its Council Chambers to discuss the tax levy with the residents of St. Anthony; and WHEREAS, the City Council held a subsequent meeting on December 16, 1999, 6:00 P.M. in its Council Chambers to adopt the final 2000 property tax levy and budget; and WHEREAS, the information required for the City to calculate a definitive tax levy has been collected. NOW, THEREFORE, BE IT RESOLVED that: 1) The 2000 property tax levy is: Property Tax Levy $1,996,178 Less: H.A.C.A. ( 339,208) Total General Fund Levy $1,646,970 Housing and Redevelopment Authority Levy $ 204000 Less: H.A.C.A. ( 4,597) Total Housing and Redevelopment Authority Levy $ 15,403 Special Assessment/Road Improvements 238,142 Total 2000 Tax Levy $1_,900,515 2) The 2000 Total Operating Budget totals $6,634,950 Adopted this day of, , 1999 I Mayor ATTEST: City Clerk Reviewed for administration: City Manager CITY OF ST. ANTHONY REGULAR CITY COUNCIL MEETING AGENDA December 16, 1999 Immediately following Continuation of Truth in Taxation Adoption I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. ILI. APPROVAL OF DECEMBER 1-6, 199.9 .REGULAR COUNCIL MEETING AGENDA. IV. APPROVAL OF NOVEMBER 30, 1999 REGULAR COUNCIL MEETING MINUTES. V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. Public Works Building: 1 . SEH/RCM - $1 ,360.88. B. Engineering Services: 1 . SEH/RCM - a. $610.20. b. $5,617.21 . C. $11 ,309.50. d. $1 ,903.78. C. Legal Services: 1 . Dorsey & Whitney - a. $892.80. b. $770.80. C. $317.60. D. Verified. VII. REPORTS. A. Councilmembers. B. Mayor. C. City Manager. VIII. PUBLIC HEARINGS - None. . T i City Council Regular Meeting Agenda December 16, 1999 Page 2 IX. NEW BUSINESS. A. Resolution 99-073, re: COPS grant project. B. Resolution 99-074, re: Declare Non-Conservation land. C. Resolution 99-075, re: Ratify Firefighter Union Agreement for 2000 and 2001 . D. Resolution 99-076, re: Ratify Police Union Agreement for 2000 and 2001 . E. Resolution 99-077, re: Ratify Public Works Union Agreement for 2000 and 2001 . F. Resolution 99-078, re: Conditional Use Permit Agreement with Hitching Post. X. UNFINISHED BUSINESS. A. Ordinance 1999-007, re: Personnel policy (3`d reading). XI. ADJOURNMENT. 1 CITY OF ST. ANTHONY REGULAR CITY COUNCIL MEETING 3 NOVEMBER 30, 1999 4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 5 The meeting was called to order at 7:22 p.m. 6 II. ROLL CALL. 7 Councilmembers present: Mayor Ranallo, Cavanaugh, Marks, Faust and Thuesen 8 Councilmembers absent: None 9 Also present: Michael Mornson, City Manager; William R. Soth, City Attorney 10 III. APPROVAL OF NOVEMBER 30, 1999 REGULAR COUNCIL MEETING AGENDA. 11 Motion by Marks, second by Cavanaugh, to approve the November 30, 1999 Regular City 12 Council Meeting Agenda with the following deletion: 13 IX. NEW BUSINESS. 14 G. Consider process to fill Council vacancy. 15 Motion carried unanimously. 6 IV. APPROVAL OF NOVEMBER 9, 1999 REGULAR CITY COUNCIL MEETING MINUTES. 18 Motion by Marks, second by Thuesen, to approve the November 9, 1999 City Council Meeting 19 Minutes as presented. 20 Motion carried unanimously 21 V. LICENSES/PERMITS/PETITIONS. 22 Motion by Marks, second by Faust, to approve the following Cigarette and Heating Licenses: 23 Cigarette License: 24 Steve's Tobacco, Inc., 2907 Pentagon Drive 25 Heating License: 26 Croristoms Heating and Air Conditioning 27 Motion carried unanimously. 0 28 VI. PRESENTATION OF CLAIMS. 29 Motion by Marks, second by Thuesen, to approve the following claims A-G: 30 A. 1999 Street Improvements: 31 1. Northdale Construction Co. in the amount of$164,314.50 for the period ending 32 November 3, 1999 regarding 1999 Street and Watermain Improvements. �3 B. Silver Point and Central Parks Storm Water Improvements: • T t City Council Meeting Minutes November 30, 1999 Page 2 ' 1 1. Richard Knutson, Inc. in the amount of$56,673.91 for the period ending 2 November 15, 1999 regarding Silver Point Park and Central Park Stormwater Im- 3 provement Project. 4 C. Insurance Payment for Fire Relief Association: 5 1. St. Anthony Fire Relief Association in the amount of$26,184.00 for 1999 State 6 Fire Aid. 7 D. Engineering Services: 8 1. WSB & Associates, Inc.: 9 a. . $245.75 for professional services rendered from October 1, 1999 through October 10 31, 1999 regarding 1999 Flood Proofing Grant Program. 11 b. $370.75 for professional services rendered from October 1, 1999 through October 12 31, 1999 regarding Harding Street Stormwater Basin Preliminary Design. 13 C. $572.66 for professional services rendered from October 1, 1999 through October 14 31, 1999 regarding Silver Point Park and Central Park Storm Water 15 Improvements Construction. 16 d. $17,215.84 for professional services rendered from October 1, 1999 through 17 October 31, 1999 regarding 2000 Street Reconstruction Final Design. 18 e. $138.00 for professional services rendered from October 1, 1999 through October 19 31, 1999 regarding General Services. 20 f. $682.50 for professional services rendered from October 1, 1999 through October 21 31, 1999 regarding DNR& FEMA Grant Administration. 22 g. $817.50 for professional services rendered from October 1, 1999 through October 23 31, 1999 regarding I/I Study. 24 h. $3,313.50 for professional services rendered from October 1, 1999 through 25 October 31, 1999 regarding 1999 Street, Utility, and Stormwater Improvement 26 Construction Services. 27 E. Legal/Prosecutions: 28 1. Foster, Wentzell, Hedback& Brever in the amount of$3,000.00 for professional 29 services rendered pursuant to invoice dated November 4, 1999. 30 F. Public Works Facility: 31 1. SEH in the amount of$9,552.67 for professional services rendered from 32 September 1, 1999 through September 30, 1999 regarding Design and Planning 33 Services for New Maintenance Facility. 34 G. Verified Claims. 35 1. 3 pages of Verified Claims as presented by the Finance Director. 36 VII. REPORTS. 37 A. Planning_Commission Report -November 16, 1999 38 1. John and Nadine Kittleson, 3549 Stinson Boulevard, Lot Coverage and Garage 39 Setback Variance Requests. ' 40 Mayor Ranallo introduced Kim Tillmann, Planning Commissioner, and invited her to 41 address the Council. City Council Meeting Minutes November 30, 1999 . Page 3 1 Ms. Tillmann reviewed for the Council the circumstances surrounding the two variances 2 requested by John and Nadine Kittleson, 3549 Stinson Boulevard. The Kittlesons are re- 3 questing a lot coverage variance and a garage setback variance in order to construct a 4 two-car garage in place of the existing single-car garage. 5 The Kittlesons originally attended a Planning Commission meeting on October 19, 1999 6 for a concept review of their plans. Mr. and Mrs. Kittleson modified the plans pursuant 7 to the Planning Commission's recommendations and returned to the Planning 8 Commission on November 16; 1999 with revised plans. 9 Ms. Tillmann stated the property in question met certain hardship requirements. The 10 circumstances included (1) the size and shape of the lot, which is undersized in square 11 footage and width; (2) the placement of the home; and (3) the current single-car garage is 12 structurally unsound. 13 Ms. Tillmann reported that the Planning Commission voted unanimously to recommend 14 approval of the variance requests to the City Council. Motion by Marks, second by Faust, to approve the Lot Coverage Variance and Garage 6 Setback Variance requested by John and Nadine Kittleson,3549 Stinson Boulevard. 17 Motion carried unanimously. 18 B. Councilmembers. 19 Marks reported that he attended the Sister City Association meeting. The Association is pro- 20 ceeding with plans for an art exchange with the schools in Salo, Finland. A_grant.has recently 21 been received and a report has been sent explaining the status of the project. The exchange is on 22 target for late next spring. 23 Cavanaugh reported that he attended the Sister City Association meeting as well. He stated that 24 the Association is interested in the City's continuing support, particularly with Councilmember 25 Marks' term ending with the City Council. Cavanaugh continued by stating that the meeting was 26 interesting and informative, and that Finland is a beautiful country. 27 Cavanaugh.further reported that he had attended two policy adoption meetings for the upcoming 28 legislature. One was the Association of Metropolitan Municipalities, and the other was the 29 League of Minnesota Cities. The League of Minnesota Cities meeting had a panel and informa- 30 tion about events happening in the legislature, and Cavanaugh felt both meetings were enlighten- 31 ing. 2 Cavanaugh further reported that he had attended a meeting with the Heart of the Earth School, 3 HUD, City Manager Michael Morrison, and Ramsey County. He continued by stating that 34 Morrison would elaborate on the meeting in the City Manager's report. City Council Meeting Minutes November 30, 1999 Page 4 ' 1 Thuesen reported that he was impressed with the Planning Commission's initiative regarding in- 2 vestigating lot coverage issues and the subject of impervious versus pervious surfaces. Thuesen 3 noted an interesting comment from the last Planning Commission meeting minutes regarding 4 concern about fragmentation in the implementation of City sidewalks... 5 Faust reported that he was asked by the Speakers Bureau to address the students at Bloomington 6 Middle School on November 11, 1999. Faust spoke about the Vietnam War and was surprised at 7 the number of students that could benefit by obtaining a historical prospective. Faust was heart- 8 ened by the participation of the students and rewarded by his experience. Faust encouraged par- 9 ticipation and involvement with the Speakers Bureau as an avenue to educate and support the 10 students. 11 C. Mayor. 12 Ranallo reported that a settlement has been reached with MediaOne. He reviewed by stating that 13 MediaOne has updated the cable system and installed fiberoptic cables. However, in the process, 14 residents experienced problems with cable television. The City placed a penalty on MediaOne 15 and several meetings were held to negotiate a settlement that would satisfy the MediaOne cus- 16 tomers. In short, each cable subscriber will receive a letter shortly stating that MediaOne will 17 supply-the "STARZ" programming, which is a movie channel, free for three months, or as an 18 alternative, two or three,pay-per-view movies free ($4.95 or$5.95 movies). Ranallo stated that 19 cable television would be discussed further in the meeting as the Council considers a particular 20 resolution. 21 D. City Manager. 22 Morrison reported an update from the previous Council meeting regarding recent real estate 23 transactions. The property at 2713 Pahl Avenue closed,on Monday,November 29, 1999, and the 24 property located at 2548 Kenzie closed on Wednesday,November 24, 1999..These last two real 25 estate transactions completed the home projects for the City for the year 1999. 26 Morrison wished to thank Roger Larson, City Finance Director, and Bill Soth, City Attorney, and 27 his staff; for assistance in closing the transactions. Mornson stated that the City has closed five . 28 real estate transactions in 6 weeks' time. Furthermore, the property at 2548 Kenzie Terrace will 29 be leased back to the current owner until April 1, 2000 or sooner. Demolition on that home will 30 take place after the owner moves to a new location. 31 On a different matter, Moms-on stated that Custom Liquidators is part of the H.R.A. plan regard- 32 ing the Shopping Center. The original plan was for the City to obtain a portion of the Custom 33 Liquidators' property, but the possibility is being considered to obtain all of that property. This 34 possibility is being investigated and the progress will be reported at a later meeting. 35 Morrison reminded the audience that.the last City Council meeting of the year would be held on • 36 Thursday, December 16, 1999, at 6:00 p.m. Mornson felt that the agenda was fairly short and in- City Council Meeting Minutes November 30, 1999 Page 5 1 eluded three or four issues for discussion and the meeting is anticipated to end around 7:00 p.m. 2 Mornson announced.that, after the meeting, the City is hosting an open house for the outgoing . 3 Councilmembers. 4 Mornson reported that The Hitching Post is in the process of renovation. A groundbreaking 5 ceremony is tentatively scheduled for Thursday, December 9 in the morning, and the project is 6 expected to proceed quickly after that point. 7 On an unrelated matter, Mornson reported that a Harding neighborhood meeting was held on 8 November 10, 1999. He stated that there was approximately 90 minutes of dialogue with WSB 9 & Associates, Jay Hartman (Public Works Director), the landscape architect, and Mornson. He 10 reported that there was apparently some disappointment from the homeowners regarding holding 11 pond options. WSB had decided to hear from property owners about their expectations. 12 Furthermore, Mornson stated that the landscape architect had a meeting with the property owners 13 to obtain input and thoughts from the residents. The next step is that WSB & Associates and 14 Mornson will meet with the landscape architect and a'second neighborhood meeting will be held 15 in January or February. 06 Mornson reported further on the Hearth of the Earth meeting mentioned earlier by Cavanaugh. 17 The meeting was initiated from Ramsey County Department of Public and Urban Development. 18 He stated that there were seven or eight Staff members from Ramsey County in attendance, 19 Department of Corrections, Transportation, and the Community Development Director. The 20 meeting was intended to reveal the Heart of the Earth's plans and how those plans would impact 21 services, as well as consider a cooperative agreement with the County. 22 Mornson stated that he was present at the meeting, as well as Kim Moore-Sykes, Management 23 Assistant, Councilmember Cavanaugh, Councilmember-elect Amy Sparks, as well as Warren 24 Rolek, Superintendent of ISD #282. 25 Mornson mentioned that there had been an article in the newspaper that the transaction with 26 Heart of the Earth School was over because of a lack of funding. Heart of the Earth admittedly 27 did lose some of the funding, but the transaction has not been canceled and the School intends to 28 continue. The School will retain an open dialogue-with the Salvation Army. 29 Mornson stated that another purpose of the meeting was to introduce the School's concept to the 30 City and to Ramsey County. The School is searching for funding, and the City made it clear at 31 that time that the City is not in a position to make a decision on funding due to the change in 32 Councilmembers at the first of next year. Mornson stated that Ramsey County discussed the 3 possibility of funding; however, the County felt that an invitation into the project from the City 4 of St. Anthony would be necessary to instigate that option. a City Council Meeting Minutes November 30, 1999 Page 6 1 Cavanaugh added that the Heart of the Earth School is moving quickly and is looking ahead. It 2 has been suggested to hold a joint meeting between the City and the School Board, possibly in 3 January 2000. Cavanaugh stated as well that the County of Ramsey would not come into the 4 community without a letter from the City, but that the issue of funding is a top priority. 5 Cavanaugh felt that the meeting with Heart of the Earth School was productive and successful. 6 VIII. PUBLIC HEARINGS. 7 None. 8 IX. NEW BUSINESS. 9 A. Resolution 99-068 re: Receive Report and Order Specifications for Street and Sidewalk 10 Improvements on 33rd Avenue NE (SEH/RCM). 11 Mornson began by stating that in September 1999, the City Council ordered a feasibility study 12 and held a neighborhood meeting in October. Positive feedback was received from the residents 13 and Mornson stated that representatives from SEH/RCM are in.attendance to present the plan for 14 the reconstruction. 15 16 Ranallo introduced Richard C. Potz, Project Manager, and Bob Moberg and invited them to ad- 17 dress the Council. 18 Mr. Potz reviewed for the Council that the firm of SEH/RCM was asked to prepare a Feasibility 19 Report for the improvements regarding 33rd Avenue from Silver Lake Road to Stinson Boule- 20 vard. Mr. Potz presented the Report to the Council and.reviewed the specific improvements to 21 be made. Those improvements would include (1) construction of a five-foot wide sidewalk and 22 modular block replacing walls on the north side of 33rd Avenue; (2) sanitary sewer 23 improvements to alleviate past sanitary sewer backups into residential basements on 33rd 24 Avenue between Edward Avenue and Belden Drive; and (3) storm sewer improvements on 33rd 25 Avenue near Edward Street. The total estimated project cost is $690,800. 26 Mr. Potz stated that on October 28, 1999, a neighborhood meeting was held and there were many 27 residents in attendance. Mr. Potz stated that the project was explained and, in particular, where 28 the sidewalk would be placed. It was also noted that stamped, colored crosswalk would be 29 placed at the east end. The residents were appreciative that there would not be any assessments 30 due to the project. Mr. Potz stated that SEH/RCM would be able to proceed as soon as the 31 Council approves the resolution authorizing the Feasibility Report. 32 Faust expressed concern that the number of catch basins was increasing from four to eight. He 33 inquired about the benefit of the additional basins if the pipe remains the same underneath. Mr. 34 Potz responded that there was a larger pipe south. City Council Meeting Minutes November 30, 1999 . Page 7 1 Cavanaugh expressed agreement with Faust and was concerned about eight basins feeding into 2 smaller pipes. Mr. Potz agreed to coordinate with Todd Hubmer of WSB & Associates in deter- 3 mining any negative effects from the catch basins. 4 Ranallo mentioned that from the corner of St. Anthony Road to 32nd, all on Edward, there is a 5 water problem. Ranallo would object to any additional water problems being caused in that area 6 due to the increase in catch basins. 7 Thuesen inquired if the City had other projects for the future that would be delayed because the 8 City is utilizing MSA funds for this project. Morrison responded that it is the City's opinion that 9 utilization of MSA funds for this project would not have an impact on future projects. 10 Motion by Marks, second by Thuesen, to approve Resolution 99-068, resolving that: 11 1) The Council will consider the improvement of such streets in accordance with the 12 report and the assessment of abutting property for all or a portion of the cost of the im- 13 provement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the 14 improvement of$690,900.00. 05 2) SEH/RCM is hereby designated as the engineer for this improvement. They shall 16 prepare plans for making such an improvement. 17 18 Motion carried unanimously. 19 Morrison clarified that Mr. Potz agreed to coordinate with WSB & Associates to ensure that the 20 proposed improvements would not cause additional problems with water flow. It was suggested 21 that Public Works Director Jay Hartman, Mr. Potz, and Todd Hubmer(WSB) hold a meeting to 22 investigate options and provide clarification. 23 B. Resolution 99-069 re: Ramsey County SCORE Grant Application. 24 Motion by Marks, second by Faust, to approve Resolution 99-069, approving submittal of the 25 2000 Ramsey County SCORE Grant Application and entering into a contract for this program 26 Motion carried unanimously. 27 C. Resolution 99-070 re: Cable Television Services. 28 Ranallo provided the background surrounding the proposed Resolution. There is proposed legis- 29 lation that would eliminate local authority to franchise cable companies and, as a result, eliminate 30 cable franchise fees. Cities are encouraged to adopt the proposed Resolution and forward the 1 Resolution to state senators and representatives. 1 1 1 City Council Meeting Minutes November 30, 1999 Page 8 ' 1 Motion by Marks, second by Cavanaugh, to approve Resolution 99-070, resolving that the City 2 of St. Anthony must retain its authority to franchise companies providing cable television 3 services and is hereby opposed to any legislation that would revoke this authority and that it 4 further asserts its constitutional rights to retain its local authority to enter into contracts to serve 5 its community. 6 Motion carried unanimously. 7 D. Resolution 99-071 re: Ci1y Manager's Year 2000 SaIM. 8 Motion by Thuesen, second by Faust,.to approve Resolution 99-071, resolving that the City 9 Council of the City of St. Anthony hereby authorizes a salary of$74,326.00 for City Manager 10 Michael J. Morrison, effective January 1, 2000. 11 Motion carried unanimously. 12 Ranallo commended City Manager Michael Morrison on his excellent job performance. 13 E. Appoint Parks Commission Members. 14 Ranallo stated that earlier in the evening, the Council had interviewed two Parks Commission ap- ' 15 plicants. He reminded the audience that there are currently three openings, two of which will be 16 filled at this Council meeting, leaving one opening on the Parks Commission. The terms for the 17 two applicants will begin on Wednesday, December 1, 1999. 18 Motion by Marks, second by Faust, that the City Council appoint Julie M. Gebhardt, 3312 19 Skycroft Circle, and Daniel Joseph Ganley, 3201 Wendhurst Avenue, to the Parks Commission, 20 each for a three-year term, beginning Wednesday, December 1, 1999. 21 Motion carried unanimously. 22 F. Appoint Planning Commission Members. 23 Ranallo stated that also earlier in the evening,the Council had interviewed four excellent candi- 24 dates for the Planning Commission. There are currently two openings for the Commission. 25 Ranallo thanked all of the candidates for interviewing with the Council and expressed his appre- 26 ciation for their interest in the Planning Commission. He encouraged interest in filling the re- 27 maining position open on the Parks Commission. 28 Motion by Marks, second by Faust, to approve Kim Tillmann, 2904 Crestview Drive, and 29 William J. Thomas, 3305 East Gate Road,to the Planning Commission, each for a three-year 30 term. 31 Motion carried unanimously. City Council Meeting Minutes November 30, 1999 Page 9 1 X. UNFINISHED BUSINESS. 2 A. Ordinance 1999-007 re: Personnel(2nd Reading). 3 Motion by Marks, second by.Thuesen, to approve the second reading of Ordinance 1999-007 4 Relating to Personnel Amending Sections 300.03, Subd:l and 300.07, Subd. 4 and Sections 5 300.09 and 300.19; and Repealing Section 300.10 of-the 1993 St. Anthony- Code of Ordinances. 6 Motion carried unanimously. 7 XI. ADJOURNMENT. 8 Motion by Marks, second by Thuesen, to adjourn the meeting at 8:23 p.m. 9 Motion carried unanimously. 10 Respectfully submitted, 11 Sue Selseth TimeSaver Off Site Secretarial, Inc. 13 14 Mayor 15 ATTEST: 16 City Clerk Saint Anthony Village DATE December 16, 1999 Approval: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Approval General Contractors License: Valley Blacktopping, Inc., Apple Valley, MN working at Mendota Homes Heating License: DJ's Heating & A/C, Albertville, MN working at 3820 Chandler Drive INVOICE 3535 Vadnais Center Drive, 200 SEH Center, St. Paul, MN 55110-5196 651.490.2000 651.490.2150 FAX architecture engineering environmental transportation FEIN:41-1251208 • 651.490.2000 800.325.2055 October 29, 1999 Project No: ASANTH9901.00 CITY OF ST ANTHONY Invoice No: 0059001 ATTN: JAY HARTMAN 3301 SILER LAKE ROAD ST ANTHONY MN 55418 DESIGN AND PLANNING SERVICES FOR NEW MAINTENANCE FACILITY Professional Services: October 1, 1999 through October 31, 1999 Professional Personnel Hours Amount PROJECT MANAGER 6.00 562.14 STAFF ARCHITECT 10.00 523.50 SR.TECHNICIAN 2.50 204.20 TECHNICIAN 0.50 14.04 Totals 19.00 1,303.88 Total Labor 1,303.88 . Reimbursable Expense COMPUTER EXPENSE 57.00 Total Reimbursables 57.00 57.00 Billing Limits Current Prior To-date Labor 1,303.88 18,152.38 19,456.26 Limit 20,000.00 Remaining 543.74 Total this invoice w1,350.58 Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan,design,and achieve. INVOICE law Ic 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9100 612.912.2600 612.912.2601 FAX 1511bri architecture en ineerin S environmental transportation . Remit Payment To: 3535 Vadnais Center Drive, 200 SEH Center, St. Paul, MN 55110-5196 FEIN:41-1251208 • 651.490.2000 800.325.2055 October 31, 1999 Project No: ASANTH0002.00 ATTN JAY HARTMAN Invoice No: 0059051 CITY OF ST ANTHONY 3301 SILVER LAKE ROAD ST ANTHONY MN 55418-1699 2MG GROUND STORAGE INSPECTION & REPORT Professional Services: October 1. 1999 through October 31, 1999 Professional Personnel Hours Amount PROJECT MANAGER 6.00 610.20 Totals 6.00 610.20 Total Labor 610.20 Total this invoice $610.20 Billings to date Current Prior Total Labor 610.20 600.35. 1,210.55 Expense 0.00 27.90 27.90 Totals 610.20 628.25 1,238.45 Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan,design,and achieve. INVOICE 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9100 612.912.2600 612.912.2601 FAX architecture engineering environmental transportation . Remit Payment To: 3535 Vadnais Center Drive, 200 SEH Center, St. Paul, MN 55110-5196 FEIN:41-1251208 • 651.490.2000 800.325.2055 October 31, 1999 Project No: ASANTH9902.00 ATTN JAY HARTMAN Invoice No: 0059019 CITY OF ST ANTHONY 3301 SILVER LAKE ROAD ST ANTHONY MN 55418-1699 33RD AVENUE CONCRETE PAVEMENT REHABILITATION REPORT Professional Services: October 1. 1999 through October 31, 1999 Professional Personnel Hours Amount PRINCIPAL 10.50 1,067.85 SERVICE AREA LEADER 4.50 554.85 PROJECT MANAGER 5.00 508.50 STAFF ENGINEER 25.00 1,686.50 SR.TECHNICIAN 10.00 593.00 TECHNICIAN 12.00 634.80 ADMINISTRATIVE STAFF 5.20 313.35 Totals 72.20 5,358.85 . Total Labor 5,358.85 Reimbursable Expense EMPLOYEE MILEAGE 111.29 OTHER REIMBURSABLE EXP 147.07 Total Reimbursables 258.36 258.36 Billing Limits Current Prior To-date Total Billings 5,617.21 0.00 5,617.21 Lii;,It . 6,300.00 Remaining 682.79 Total this invoice $5,617.21 Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan,design,and achieve. INVOICE ® 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9100 612.912.2600 612.912.2601 FAX architecture engineering environmental transportation . Remit Payment To: 3535 Vadnais Center Drive, 200 SEH Center; St. Paul, MN 55110-5196 FEIN:41-1251208 • 651.490.2000 800.325.2055 October 31, 1999 Project No: ASANTH9902.01 CITY OF ST.ANTHONY Invoice No: 0059020 3301 SILVER LAKE ROAD ST ANTHONY MN 55418 33RD AVENUE CONCRETE PAVEMENT REHABILITATION PLANS Professional Services: October 1. 1999 through October 31, 1999 Professional Personnel Hours Amount PRINCIPAL 14.00 1,423.80 SERVICE AREA LEADER 2.50 308.25 PROJECT MANAGER 43.00 4,373.10 PROJECT ENGINEER 4.00 352.40 STAFF ENGINEER 51.50 3,474.19 _SR.TECHNICIAN 13.50 800.55 TECHNICIAN 10.00 529.00 ADMINISTRATIVE STAFF 0.80 48.21 Totals 139.30 11,309.50 . Total Labor 11,309.50 Billing Limits Current Prior To-date Total Billings 11,309.50 0.00 11,309.50 Limit 45,800.00 Remaining 34,490.50 Total this invoice $11,309.50 Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan,design,and achieve. INVOICE Ad=r EM MW 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9100 612.912.2600 612.912.2601 FAX 1� architecture engineering environmental transportation . Remit Payment To: 3535 Vadnais Center Drive, 200 SEH Center, St. Paul, MN 55110-5196 FEIN:41-1251208 • 651.490.2000 800.325.2055 October 31, 1999 Project No: A000010428.01 CITY OF ST.ANTHONY Invoice No: 0059038 3301 SILVER LAKE ROAD ST.ANTHONY, MN. 55418 ATTN: ROGER LARSON SILVER LAKE ROAD WATERMAIN Professional Services: October 1. 1999 through October 31 1999 Professional Personnel Hours Amount SERVICE AREA LEADER 7.00 876.54 PROJECT ENGINEER 8.00 988.80 Totals 15.00 1,865.34 Total Labor 1,865:34 Reimbursable Expense EMPLOYEE MILEAGE 14.49 OTHER REIMBURSABLE EXP 23.95 Total Reimbursables 38.44 - 36.44 Total this invoice $1,903.78 Billings to date Current Prior Total Labor 1,865.34 38,045.74 39,911.08 Expense 38.44 1,365.50 1,403.94 Totals 1,903.78 39,411.24 41,315.02 Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan,design,and achieve. DORSEY & WHITNEY L. LP . P.O.BOX 1680 MINNEAPOLIS,MINNESOTA 55480-1680 (612)340-2600 (Tax Identification No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St. Anthony, Minnesota November 29, 1999 Attn: Mr. Michael J. Mornson Invoice No. 739162 3301 Silver Lake Road St . Anthony MN 55418 For Legal Services Rendered Through 10/31/99 Client-Matter No: 178820-00144 Harding Street Ponding Project Telephone conference regarding purchase of Loida property at 2809 30th Avenue; review title; telephone conferences regarding same; review closing documents; review purchase agreement and title commitment ; telephone conference with S . ' Kretsch regarding seller' s closing documents; review closing documents; telephone conference with J. Erickson regarding closing; draft letter to M. Mornson regarding buyer' s documents and closing statement; transmittal letter to J. Erickson and deliver buyer' s executed documents; telephone conference with M.. Mornson and R. Larson regarding delivery of documents and wiring of funds; telephone conference with R. Larson regarding settlement statement and closing, documents; telephone conference with B . Sturgeon .at Universal Title regarding closing preparation; conference regarding closing, - telephone conference with M. Mornson regarding closing documents; prepare documents for closing transcript . Total for Legal Fees $860 . 00 Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT DORSEY & WHITNEY LLP P.O.BOX 1680 ' MINNEAPOLIS,MINNESOTA 55480-1680 (612)340-2600 (Tax Identification No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota November 29, 1999 Client-Matter No: 178820-00144 Page 2 Invoice No: 739162 Disbursements and Service Charges Messenger Charges 16 . 00 Fax Charges 6 . 00 Postage Charges 5 .40 Photocopy Charges 5 .40 Total for Disbursements and Service Charges $32 . 8.0 Total This Invoice . $892 . 80 Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT DORSEY & WHITNEY LLP P.O.BOX 1680 . bIINNEAPOLIS,MINNESOTA 55480-1680 (612)340-2600 (Tax Identification No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota November 29, 1999 Attn: Mr. Michael J. Mornson Invoice No. 739163 3301 Silver Lake Road St . Anthony MN 55418 For Legal Services Rendered Through 10/31/99 Client-Matter No: 178820-00147 Pahl Avenue Properties Telephone conference with R. Carlson regarding issues on purchase agreement; telephone conference with Carlsons' attorney regarding same; revise purchase agreement regarding warranties and condition of property; letter to Carlsons regarding same; conference regarding Tuohy purchase agreement, title and closing; review Tuohy purchase agreement and draft closing checklist; conference regarding closing preparation; telephone conference with J. Tuohy regarding status of updated abstracts; order title commitment; telephone conference with J. Tuohy regarding updated abstracts and closing documents; telephone conference with B. Carlson regarding closing. Total for Legal Fees $760 . 00 -Disbursements and Service Charges Fax Charges 3 . 00 Photocopy Charges 7 . 80 Total for Disbursements and Service Charges $10 . 80 Total This Invoice $770 . 80 Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT DORSEY & WHITNEY LLP P.O.BOX 1680 . 1IINNEAPOLIS,MINNESOTA 55480-1680 (612)340-2600 (Tax Identification No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota November 29, 1999 Attn: Mr. Michael J. Mornson Invoice No. 739165 3301 Silver Lake Road St . Anthony MN 55418 For Legal Services Rendered Through 10/31/99 Client-Matter No: 178820-00047 General Employee Matters $ 70 . 00 Moratorium Matters $ 70 . 00 Review agenda materials and minutes; discussions with City Manager $ 175 . 00 Total for Legal Fees $315 . 00 Plus Disbursements Per Attached $ 2 . 60 Total This Invoice $317 . 60 Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and Is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT I 1 BRC FINANCIAL SYSTEM ST. ANTHONY VILLAG /01/1999 109 Check Register GL540R-•VO6.00 PAGE TANK VENDOR CHECK# DATE AMOUNT LIGR LIQUOR CHECKING ACCOUNT 004143 FIRST CONCORD FINANCIAL. 1560011 /SO/99 457 .54 003160 FIRSTAR ST ANTHONY BANK 15610 11/30/99 7, 000.00 003160 FIRSTAR ST ANTHONY BANK 15611 11 /30/99 10,000 .00 008308 PERRY, LAWRENCE E. 15612. 11/30/99 75.00 00952,3 CORER/MIKE=. 15513 11 /30/99 320. 00 0041498 UNUM LIFE INSURANCE COMP 15614 11/30/99 13. 40 004498 UNUM LII'=E . INSURANCE COMP 15615 11/30/99 17 .70 003160 FIRSTAR ST ANTHONY BANK 15616 11 /30/99 91000. 00 003160 FIRSTAR ST ANTHONY BANK 15517 11/30/99 10,000 .00 008308 PERRY, LAWRENCE E. 15618 11 /30/99 150.00 008504 GALLAGHER/DENNIS P . ( RED 15619 11 /30/99 300 . 00 003160 FIRSTAR ST ANTHONY BANK 15718 11/30/99 11 , 415. 2-5 000670 CITY COUNTY CREDT UNION 15719 5 /30/99 485.00 000055 AETNA LIFE & CASUALTY 15720 11/10/99 143.52 004208 I C M A RETIREMENT TRUS 15721 11 /30/99 290.00 008313 MN CHILD SUPPORT PYMT CE 1.572.2 11 /30/99 416. 13 004318 FIAT FINANCIAL_ INS CO 1572:3 11 /30/99 9 . 50 004233 L.MC IT % BERKL._EY RISK SE 15724 11/30/99 147.20 004380 PUBLIC EMPLOYEE R.ETIREME 15725 11 /30/99 1 ,654 .51. 003160 FIRSTAR ST ANTHONY BANK 15781 11/30/99 101000.00 . 003160 FIRSTAR ST ANTHONY BANK 15792 11/30/99 10,000 . 00 008308 PERRY, LAWRENCE E. 15783 11/30/99 150. 00 008523 COMER/MIKE 15784 1. 1/30/91; 320 .00 004120 EAGLE WINE CO 15785 11/30/99 25'x..28 004175 GRIGGS COOPER. v CD INC 157436 11/30/99 3,439 . 10 004354 PAUSTIS (11? SUNS 15787 11/30/99 1 , 165. 3-0 003160 FIRSTAR ST ANTHONY BANK 15788 11!30/99 11 , 148 . 05 000670 CITY COUNTY C:REDT UNION 15789 11/30/99 485 . 00 000055 AETNA LIFE: & CASUALTY 15790 11/30/99 143 .52. 004208 I C M A RETIREMENT TRUS 15791 11/30/99 290.00 008313 MN CHILD SUPPORT PYMT CE 15792 11/30/99 416 . 13 004380 PUBLIC EMPLOYEE RETIREME 15793 11/30/99 1 ,696. 41. 008289 NCPER S LIFE INSURANCE 15794 11 /30/99 36 .00 003160 FIRSTAR ST ANTHONY BANK 15795 11/30/99 10 ,000. 00 003160 FIRSTAR ST ANTHONY BANK 15796 11/30/99 15,000 . 00 008308 PERRY, LAWRENCE E. 15797 11/30/99 150.00 008523 COME);/NIKE 15798 11 /30/99 320 . 00 004401 ST.A.L.IGUOR #1 PC 15799 11/30/99 362. 14. 002850 MF_DICA CHOICE 15800 11/30/99 3,270 . 60 LIQUOR CHECKING ACCOUNT 120, 539.28 #� . . . . ST ANTHONY VILLA BRC FINANCIAL SYSTEM , ' - yO7yI999--15�--------------'-C ��-- --'-------GL54DR_VO6.OO-PAGE-- BANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING \-T-&-T-WIRE[ESS-SERVICE_'---- --1O792 -12/17/99-----�---'��3�5�[--- 000020 AA BATTERY' CO 10793 12/17/99 17.74 008471 AIRGAS NORTH CENTRAL 10794 12/ 17/99 51 .61 -'-----OO8227'---��IRTOUCH-CEL[UO�R'_-BELLE-------1O795-12/1�77�9--''-----'44��67--- 007338 AMERICAN EXPRESS 10796 12/ 17/99 331. 61 005201 AMERICAN STORES 10797 12/17/99 20.09 ----'-OO8O9O---AMER ICAN "WATER-WO RKS-ASS--'--'--1O798 000115 AMES PHOTO FINISH 10799 12/17/99 5.89 007201 APACHE GROUP 10800 12/17/99 868 .50 ----O08339---lA'REA--MECHANICA[�-INC'�--------'-- 1D801 _712y-17799-------- D08194 ARMAMENT SYSTEMS & PROC . 1O8O2 12/17/99 19 .20 008153 BOB 'S PERSONAL COFFEE SE 10803 12/17/99 77.47 ------BRAD-RAGAN-INC ------------'---'-- --1O8O4-'12/17/99-------'1� 116'�'4��-'-- 007253 BRAKE & EQUIPMENT WAREHO 10805 12/17/99 30.00 000430 BRIGHTON AUTO ELECTRIC 10806 12/ 17/99 187 .28 -----007157----BROCK-WHITE-'COMPANY-F-[LC--- lO8O7-12717/99 -----'--277�I2---- 003714 BUILDING FASTENERS 10808 12/ 17/99 14 .70 .00001 CAPITOL CITY MUTUAL AID 10809 12/17/99 50.00 - --- OO7386- 'CASTLE INSPECTION SERVIC 10810 12717/99 5753O'.-28--' 004065 CENTRAL LOCK & SAFE CO 10811 12/17/99 120.77 00660 CITY OF COLUMBIA HEIGHTS 10812 12/ 17/99 175 .00 --OO8550----COMMERS-------------~ - --' '-1O813 l2/17799-`-----'-- -76�68----- 004107 COMPTON 'S COMMERCIAL CLN 10814 12/ 17/99 3,987 .36 007382 CROWN FENCE & WIRE COMPA 1O815 12/17/99 7.46 007371 - -DISCOUNT-STEEL', 'INC . - - - 10816 12/17/99 008284 ELECTION SYSTEMS & SOFTW 10817 12/17/99 446.39 008362 EMBEDDED SYSTEMS, INC . 10818 12/ 17/99 354 .00 - ' -008596' -FE[EGY/LYNETTE--- ------' 10819 12/17/99---' ' 001025 G & K SERVICES 10820 12/ 17/99 95.74 001030 G & K SERVICES 10821 12/17/99 345,24 ' ' 00 1145-' -GLENWOOD-INGLEWOOD'----' �--- -�-1O82212/17799 ---- -- 59�O6--' 001165 GOODALL RUBBER CO 10823 12/17/99 22O.24 001250 GRAINGERINC/W W 10824 12/17/99 221 .52 ------OO8567----GREENER-PASTURES D825-1271779 9-- 23/ .55 000685 HARDWARE HANK 10926, 12/17/99 283 .70 ' 00141O HARMON GLASS 1D827 12/17/99 115.00 ----OO8O88--- ''HAWK-LABEL�ING-�SYSTEMS---�---------1D828 -12717799----------�`3�93---- 008376 HENNEPIN CNTY SHERIFF 'S 10829 12/17/99 212.49 0,08375 HENNEPIN COUNTY TREASURE 10830 12/17/99 521 .50 -_------'OO82O6-------HJERPEY JACQUELINE'---------------1O831'-127'17799----------'25�-OO---- OQ8598 INTERNATIONAL ASSOCIATIO 10832 12/ 17/99 90.00 800742 KROEPLIN/CONNIE 10833 12/17/99 45.57 --'-OO8323----LEAGUE -OF-MINNESOTA-CITI---------,1O834-1271-7/99-' --- ---'84O.-OO---- 004233 LMCIT % BERKLEY RISK SE 1{}835 12/17/99 15,954.75 002395 M T I DIST CO 10836 12/17/99 105.87 -OO213O----MAMA----------------------------1O837'-12717799-----------1��O{�--' ����� OO216O MARSHALL CONCRETE PROD 10838 12/ 17/99 495.23 ��w� 008263 MCLEOD USA 10839 12/17/99 170.00 - -'-'_'-'_ -__-_-----------__'-'_.__'_--_-_-_-'--'__---_-_--_-___- _--_-_-___-_--_-'__-._---_-_--------__ - ` . . . BRC FINANCIAL SYSTEM ST. ANTHONY VILLA, BANK VENDOR CHECK# DATE AMOUNT O FIRS FIRSTAR St. ANTHONY CHECKING '-----OOq455----METRO-ATH[ETIC-SDPPLY 'I---------1O84071 27I7799'---_---���\1�9O---- 002240 METRO COUNCIL ENVIRONMEN 18841 12/17/99 46,827.85 007835 METROCALL 10842 12/ 17/99 22�.67 -----------OO7359---'-MIDWEST-CO�-i� �COLA 'BOTT[I------ --10843'1��717/99---- '---7O�5D'---- 005085 MINN STATE FIRE CHIEF 10844 12/ 17/99 110.00 008600 MINNESOTA WASTEWATER 10845 12/17/99 25.00 - -'--{/OE)545'---'MIRA. [E-'RECREATION-EQDIP'---'- - ''1O846''12/-17/99-- '----z��]�1'�78---- � 007131 MN DEPT OF HEALTH 10847 12/17/99 2,966.00 � 008074 MN POLLUTION CONTROL AGE 10848 12/ 17/99 185.00 _ 12/17/9�--'------I'�' 007370 MYERS TIRE SUPPLY COMPAN 10850 12/ 17/99 34.06 .00003 NATIONAL ASSOCIATION OF l0851 12/17/99 50.00 - '----OD8282-----NET[INK-INTERNATIONA['------ - --' 1O852-l2/i7799--'------ 760_.00r--- 008326 NEWMAN TRAFFIC SIGNS 10853 12/17/99 14.21 802680 NORTHERN STATES POWER 1,0954 12/17/99 4,738 .57 - ---- -DOOO-45 ----OFFICE-DEPOT'-------------' - -' -''iDb55-D2/-1-77'99---------`245 97----' 008008 OFFICE ELECTRONICS INC 10856 12/ 17/99 143.88 008528 PACE ANALYTICAL SERVICES 10857 12/17/99 361 .00 -008594 --'PETERBILT-NORTH - -- --- - - -1O858-12/l7/99 ­----'-----6'�26---- 002860 PFEIFFER/RICHARD 10859 12/17/99 63.7 008271 PLETSCHER ^S GREENHOUSE I 10860 12/17/99 67 .9 �------''---------- '----'-' �.82���� --- OO7O57 ----PRAXAIR OO8147 R & T SPECIALTY, INC . 10862 12/17/99 630.00 008462 RAMSEY COUNTY 10863 12/17/99 13.44___ -' l002380-'- RELIANT­ENERGY' MINNEGASC-� - ' 1O864'12717/99 - 1O865 12/17/99 12 15 OO5293 ROAD RUNNER ' , 008042 SIGNS BY NORTHLAND 10866 12/ 17/99 26.30 ____ - OQ8483 — '-SKB--------------- ------------ - -1O867' 12717/99--- '-- ----2O�25- .00002 SPERRY/DAVID 10868 12/ 17/99 . 50.00 005285 SROGA 'S 10869 12/17/99 61 .77 ----- -0O7O72---ST-ANTRONY-C HAMPER- OF-CO---'---1O87O-127I7/9 ---240'_.O0 002420 STAR TRIBUNE 10871 12/17/99 377.00 - 007304 STEPP MFG. CO. , INC . 10872 12/17/99 13,498.88 -------003490 STRE=HE I0873-.]�7I779 003260 T A SCHIFSKY & SONS 10874 12/ 17/99 245.27 O875 12/17/99 387 OO ' 007337 TIMESAVER OFF SITE SECRE 1 , -------003560----TRACY-PRINTING- '--------1O876-12717/99----'----1��3I��2 007309 TREEMENDOUS 10877 12/17/99 460,00 008372 U S WEST INTERACT SERVIC 1O878 12/17/99 65.00____ --------OO8O1O'----UNIFORMS-UNZIMITED----- '1O879'-r2717/9 12�82 � 008561 UNITED RENTALS COMPANY 1O88O 12/17/99 226.85 008384 UNITED SYSTEMS TECHNOLOG 10881 12/17/99 1 ,785.00 ____ -------OO27OO --'-US_'WEST-COMMUNICATIONS ---------'1O882 '12/17799--'-------32O'�12 003710 VAN' O LITE INC 10883 12/17/99 121 .76 005088 VAN WATERS & ROGERS INC 10884 12/17/99 208.64 -------OO8599----VAMASTEN1STEPHANI------------'----10885-127-17799---------��� � OO5298 WARNING LITES OF MN 10886 12/17/99 � 48.0���� I FS J 10887 12/17/99 9 59 -- OO7154 wYCHOR II/JAMES � ___ FIRSTAR ST. ANTHONY CHECKING 118, 157.98 � 11101999 NANCIAL SYSTEM ST. ANTHONY VILLAGE 13: Check Register GL540R-VO6 .00 PAGE 1. BANK VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT 004225 ALLIANT FOODSERVICE 15818 12/17/99 1 ;251 .21 0040 1.5 AME:R.IPRIDE LINEN 15819 12/17/99 734.07 008511 AT & T WIRELESS 15820 12/ 17/99 52.53 004293 BELLBOY CORP. 15821 12/17/99 1 ,235.66 004065 CENTRAL LOCK & SAFE CO 15822 12/ 17/99 128.62 004085 CITY OF ST ANTHONY 15823 12/17/99 16,250.00 0040787 CITY PAGE=S 15824 12/ 17/99 462.00 004095 COCA COLA BOTTLING 15825 12/17/99 1 ,63R.90 004107 COMPTON 'S COMMERCIAL_ CLN 15826 12/ 17/99 2,445.95 008437 D I RE:C TV 15827 12/17/99 37.22 004114 DREW/MARY 15828 12/ 17/99 572.50 004120 EAGLE WINE CO 15829 12/17/99 6,070.56 004125 EAST SIDE BEVERAGE CO 15830 12/ 17/99 41 ,995.94 004135 ELE:CTRO WATCHMAN INC 15831 12/17/99 159.75 008563 ENVIRONMENTAL HEALTH ASS 15832 12/ 17/99 85.00 008265 FIRSTAR TRUST SERVICE 15833 12/17/99 74, 743.75 009359 FLAHERTY 'S HAPPY TYME CO 15834 12/ 17/99 230 .40 004141 FRITZ COMPANY, INC . 15835 12/17/99 7, 112.65 001030 G & K SERVICES 15836 12/17/99 67.72' 04157 GETTMAN HOWIE, INC . 15837 12/17/99 51 .90 004172 GRAPE BEGINNINGS, INC . 15838 12/17/99 1 , 152.00 004175 GRIGGS COOPER & CO INC 15839 12/17/99 8 , 902.30 004201 HEGGIES PIZZA 15340 12/ 17/99 153. 40 004220 JOHNSON BROS. LIQ. 15841 12/17/99 13,622.41. 004218 JOHNSON PAPER & SUPPLY C 15842 12/ 17/99 49 .42 004230 KUE:THE:R DISTRIBUTING CO 15843 12/17/99 41 ,011 .87 002040 •LILLIE SUBURBAN NEWSPAPE 15844 12/ 17/99 732.00 004233 LMCIT % BERKLEY RISK SE 15845 12/17/99 1 , 199.50 008254 LMCIT % BEERKLEY ADMINIST 15846 12/ 17/99 2,763.00 004265 MARK VII SALES INC 15847 12/17/99 27,204.63 004271 MEDIA ONE 15848 12/ 17/99 140.25 004269 METRO COMMERCIAL SERVICE 15849 12/17/99 310.26 004272 METZ BAKING CO 15850 12/ 17/99 ..__.. 131 . 49 004277 MIDWEST TAPE i RIBBON 15851 12/17/99 992.001 004299 MPLS. OXYGEN CO. 15852 12/17/99 4.50 004334 NORTHEASTER 15853 12/17/99 618.50 000045 OFFICE DEPOT 15854 12/17/99 8.64 004345 OLD DUTCH FOODS INC 15855 12/17/99 99. 12 004354 PAUSTIS & SONS 15856 12/17/99 - 1 ,592.70 00 ,•355 PEPSI COLA COMPANY 1.5857 12/17/99 . 418.09 004360 PHILLIPS WINE & SPIRITS 15858 12/ 17/99 11 ,350.86 004376 PRIOR WINE CO 15859 12/17/99 3, 820.41 004385 QUALITY WINE CO 15860 12/ 17/99 8,588.94. 008597 R. D. HANSON ASSOC . , INC . 1.5861 12/17/99 172.95 1110002380 RELIANT ENERGY MINNEGASC 15862 12/17/99 1 , 149.89 004393 RON 'S ICE 1.5863 1207/99 783.42 002420 STAR TRIBUNE 15864 12/ 17/99 204.00 005004 SUPERIOR PRODUCTS 15865 12/17/99 501 .51. - BRC FINANCIAL SYSTEM ST. ANTHONY VILL* 12/08/1999 13: Check: Register GL540R—V06.00 PAGE HANK VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT 004466 SYSCO—MINNESOTA 15866 12/ 17/99 1 ,268 .41 004468 TOTAL REGISTER SYSTEMS 15867 12/17/99 325.45 004480 TWIN CITY FILTER SERVICE 15868 1.2/ 1.7/99 109.78 008507 US FOODSERVICE 15869 1.2/1.7/99 74.23 005088 VAN WATERS & ROGF_RS INC 15870 12/17/99 32. 12 0.04497 WEYERHAEUSER 15871 12/17/99 25.00 008316 WINE COMPANY/THE 15872 12/17/99 339 .05 008310. WINE MERCHANTS INC . 1.5873 12/17/99 1 ,323.30 004499 WORLD CLASS WINES, INC . 15874 12/1.7/99 231 .00 003840 ZE:P MFG COMPANY 1.5875 1.2/17/99 112.56 LIQUOR CHECKING ACCOUNT 286,839.34 t • MEMO DATE: December 8, 1999 TO: Chief Engstrom FROM: Capt. Ohl SUBJECT: COPS Grant As you are aware, I applied for a.COPS,grant to fund a part-time school liaison officer. This grant is for overtime/officer replacement, and does not require any hiring or matching funds. The grant was only partially funded. We are to receive $7500 for this project. • I have received a letter from the School District showing support for this venture. The MN Dept. of Public Safety(administrators of this grant) also require that we adopt a resolution authorizing execution of this agreement. The project is to start on January 3, 2000. • . CITY OF ST. ANTHONY Ito - RESOLUTION 99-073 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT RELATING TO THE COPS OVERTIME/REPLACEMENT GRANT PROJECT N BE IT RESOLVED by the City Council of the City of St. Anthony that the St. Anthony Police M Department is hereby authorized to enter into a cooperative agreement with the Office of Drug , Policy and Violence Prevention in the Minnesota Department of Public Safety for the project entitled Cops Overtone/Replacement Grant during the period from November 1, 1999 through November 1, 2000. BE IT FURTHER RESOLVED that the City Council of the City of St. Anthony hereby authorizes Police Chief Richard Engstrom-to execute such agreements and amendments as are necessary to implement the project on behalf of the St. Anthony Police Department. Adopted this day of , 1999. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager CERTIFICATION I hereby certify that the above resolution is a true and accurate copy of the City of.St. Anthony records. • City Clerk Hennepin County An Equal Opportunity Employer .' BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED December 6, 1999 CONNIE KROEPLIN UI I Y UI-J I'AN•1 HUN 3301 SILVER LAKE RD ST ANTIMONY MN 55418 RE: Non-Conservation Classification List 1114-NC To Whom It May Concern: A list of lands located in your municipality which have forfeited to the State of Minnesota for non-payment of property taxes is enclosed. The Hennepin County Auditor is by law and County Board delegation the administrator of State of Minnesota owned tax-forfeited lands lying within Hennepin County. The parcels on the enclosed list have been previously classified. The lands listed on Non-Conservation Classification List 1 1 14-NC were classified as non-conservation lands, evidenced by County Auditor's Directive No.99-38 by authority and responsibility granted by the Hennepin County Board of Commissioners under Minnesota Statute 282.135. We request that your city council review •Non-Conservation List 11 14 7NC. We require a certified copy of a municipal resolution which resolves and approves the parcel(s)for public auction, auction to adjacent owners, or request a conveyance to your city for a public use. Please refer to the enclosed outline for suggested points to be covered in your municipal resolution. Please be advised that the county may consider public sale of the/ands to be approved pursuant to M.S. 282.01, Subd. 1, if the city council fails to respond to this c/assificationnotice within sixty(60)days of certified mail receipt. The department requests the city reclassify these parcels for sale to adjacent owners,since the Physical characteristics of each parcel indicates that its highest and best use will be achieved by combining it with an adjoining parcel under MS 282.01,Subd. 7a. Please contact Terry Schuhler, (612) 348-3734 or (612) 596-6527(voice mail), should you need further assistance or clarification. Sincerely, Patrick H. O'Connor, Director Taxpayer Services Department Jeffrey L. Strand, Section Supervisor Delinquent Tax and Tax-Forfeited Land PHO:jls,tls Enclosures • Taxpayer Services Department A-600 Hennepin County Govemment Center Recycled Paper Minneapolis, Minnesota 55487-0060 1114 Non-Conservation Llst (94)'City of St.Anthony Property ID Number Property Address Lot Legal Property Type C/NC Date of Forfeiture Value Size Description 06 029 23 22 0066 05/25/76 $1500 4589 Sq Ft Lot 13 Block 1 "Soo Line Addition" Address Unassigned Non-conservation 2900.71RE5 10 10 61 66 6fi 66 66 66 6fi 66 L.2fi 0 SO 50 50 50 50 50 SO 50 SO SO SO 50 5J 6,;, (CO RD NO 27) STINSON BLVD CITY OF MINNEAPOLIS N E :o No eat - 69.5 55 55 BO 80 54 5J 53 53 53 54 50 55 48 �,� CITY OF $T A14THONY ;O NO 282 V 52.5 60 53.56 1 45.5 44 44 14 44 44 44 44 44 14 44 44 44 N Z. _ :........... 5� O N IV P ~N PN u N �Q1•n 3O• mr - ..`'.,.� =O a~ ¢I 80 54 57 57 53 5] 54 SO 55 4 _.. 77 80 80 83 55 / 11 N 11 44 41 1/ 44 44 '44 44 4a 44 ' ' ' -•-- ---- -•- 53.5 bl.77 :• ...... ...... 75 � u P C O 0 P � 69.5 5S S5 80 80 77 80 80 83 50 55 5 45.5 44 4• 41' a U 41 d+ ++ 41 4+ 4J - -ROOSE` E-L--T-- m� T • N. u.3. ,43.5 43.5 43.5 43.S 43.5 43.5 43.5 43.5 43.5 3.5 43.5 43.5 43.5 43.5 60 45.66 45.4 45.4 45.4 45.4 45.4 45.4 45.4 :45.4 45.4 45.4 45.4 4,4 45.4 4.+ 45.4 r4 Z v 75 , a - b n '�• ., u . .n _43 O a o NO.� m.n� Ob c'a NO :=' _ inu :Z:: mom, m_.. m� mo m•- ten.•- w . _ El.. O-'4 �u y�iG my 01a N,n 4•a ------------ 75 I BLK u.1+ w].5 45.5 q.5 47.5 41.5 +7.5 +f.5 47.5 q.5 43.5 47° 41.5 43.5 q.5 'a 45.77 K.1-`15.4 45.4 +5.1 +Sw +5.4 K.+ 45.4 +5.4 4.4 45.4 45.a 5ii ;LVIGL.I' ie0 80 80 80 80 80 80 89.52 60 60 60 60 60 60 0 6 60 60 + 66.73 Q M D � 0 C� � - -�- TOTAL TAX 26.20 TOTAL PAID .00 AMT UNPAID 26.20 OWNER MORT CODE/LOAN R ADDITION NAME LOT BLK PLAT PARCEL PROPERTY I.D.• TAXPAYER NAME/ADDRESS ESCROW NAME/ADDRESS ACREAGE SCH ST SHD DST PROPERTY ADDRESS SN TWP RG qq SUFX METES AND BOUNDS HENNEPIN FORFEITED LAND 826 "SOO LINE ADDITION• 013 001 63680 1300 06-029-23 22 0066 • HENNEPIN FORFEITED LAND - 000.00 282 5 94 ADDRESS UNASSIGNED PUBLIC SALE STATUS: CURRENT - CONSTRUCTION YEAR 0000 �I 1 RUN DATE 02/22/99 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI433401 1999 TAX BOOK 94 ST. ANTHONY TAXABLE MARKET gUALIFYING AMT .00 DIVISION NO NET TAX CAPACITY FO SHARED TC DIVISION DATE FD AREA RATE 00000000 SEE ID S IF PROJ AMT IF PROJECT NO. FORFEITED LAND - CONTRACT / TAX LEVY/DESCRIPTION HMSTDPRTYP RATE AMOUNT LAND BLDG MACH OWN% BASE1 BASE2 NNBASE NON-HMST EXEMPT N LR TOTAL TAX .00 TOTAL PAID .00 OWNER MORT CODE/LOAN N ADDITION NAME LOT BLK PLAT PARCEL PROPERTY I.D. TAXPAYER NAME/ADDRESS ESCROW NAME/ADDRESS ACREAGE SCH NTR SEW PROPERTY ADDRESS' SN TWP RG qq SUFX METES AND BOUNDS DST SHD DST EMERY 0 NYPAN ETAL - "SOO LINE ADDITION' 001 63680 1450 06-029-23 22 0067 EMERY 0 NYPAN 000.00 282 5 2509 36TH AVE N E 2509 36TH AVE HE - STATUS: CURRENT CONSTRUCTION YEAR 1960 MPLS MN 55418 W 75 FT OF-LOTS 14 15 AND 16 - TAXABLE MARKET 99,000 QUALIFYING AMT 1,541.80 DIVISION NO HET TAX CAPACITY 1,158 FD SHARED TC DIVISION DATE FD AREA RATE 00000000 SEE ID S IF PROJ AMT IF PROJECT NO. - TAX LEVY/DESCRIPTION HMSTDPRTYP RATE AMOUNT LAND BLDG MACH OWN% BASE1 BASE2 NNBASE NON-HMST GROSS TAX H R 143.3870 2,845.86 25,500 73,500 1 00 750 408 MARKET VALUE TAX .16406 162.41 STATE PAID AID 88.3460 1,023.04CR EDUC HMSTD CR 24.2680 281.02CR SOLID WASTE FEE 18.84, TOTAL TAX 1,560.64 TOTAL PAID .00 AMT UNPAID 1,560.64 - OWNER MORT CODE/LOAN 0 ADDITION NAME LOT BLK PLAT PARCEL PROPERTY I.D. TAXPAYER NAHE/ADDRESS ESCROW NAME/ADDRESS ACREAGE SCH WTR SEW PROPERTY ADDRESS SN TWP RG qq SUFX METES AND BOUNDS DST SHD DST PATRICIA ANN RIEMERSMA "SOO LINE ADDITION• 001 63680 1475 06-029-23 22 0068 1 PATRICIA ANN RIEMERSMA 000.00 282 5 2513 36TH AVE N E 2513 36TH AVE N E STATUS: CURRENT ST ANTHONY HN 55418 SEC-HMSTD REF ID 06-029-23 22 0036 CONSTRUCTION YEAR 0000 THAT PART OF LOTS 14 15 AND 16 LYING E OF W 75 FT THEREOF TAXABLE MARKET 2,400 QUALIFYING AMT 52.77 DIVISION NO NET TAX CAPACITY 41 FD SHARED TC DIVISION DATE ' FO AREA RATE 00000000 _ SEE ID S IF PROJ AHT IF PROJECT NO. • 1 1 • CITY OF ST. ANTHONY RESOLUTION 99-074 A RESOLUTION DECLARING NON-CONSERVATION LAND WITHIN CITY BOUNDARIES FOR PUBLIC AUCTION BE IT RESOLVED, by the City Council of the City of St. Anthony that property within the boundaries of the City of St. Anthony described as Lot 13, Block 1 "Soo Line Addition" is hereby approved as Non-Conservation Land. BE IT FURTHER RESOLVED, that it was determined that there are no Public Waterfront, Wetland, Peat and Timber issues nor any public nuisance conditions associated with said property. BE IT FURTHER RESOLVED, that the City Council of the City of St. Anthony hereby approves said property for public auction. Adopted this day of , 1999. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager CERTIFICATION I certify that this is a true and accurate copy of the City of St. Anthony records. Date City Clerk • • MEMORANDUM DATE: December 7, 1999 TO: Mayor and Councilmembers FROM: . Michael Mornson, City Manager ITEM: POLICE, PUBLIC WORKS; AND FIRE DEPARTMENTS' UNION AGREEMENTS The following represents the changes to the Union Agreements for_the bargaining units representing the Police, Public Works and Fire Departments. All Units • Term: 2 years Wages: 3% increase for 2000; 3% increase for 2001 Health Insurance: $25.00 increase for 2000; $25.00 increase for 2001 Personal Leave: Follows guidelines of proposed ordinance amendment to the Personnel Police for non-union employees; replaces vacation, sick leave and severance sections of the current union agreements (shift hours for the Fire Department were converted). Specific Changes by Agreement Police: Article XII - Hours of Work, Work Schedules. Added: A normal work day for full time EMPLOYEES may be up to 12 hours. The normal work week for full ltime EMPLOYEES shall be an average 40 hours. EMPLOYEES, when ordered to work overtime, shall work no longer than a 16 hour shift. This schedule will be in effect until December 31, 2000. The Chief of Police has authority to establish different shifts for 2001. Article XIII - Overtime. Amended: Officers called in for court • appearance while off duty will receive a minimum of 3 hours pay at time and one-half. Page 2 • Article XXX - P.O.S.T. Board Requirements. Added: City will contribute 100% of cost of any necessary license fee and application for such license under the P.O.S.T. Article XXIII - Clothing Allowance. Amended: Uniform allowance shall be $500.00 per year for each officer to be paid to the officer as a reimbursement for uniform expenses. Protective clothing, i.e., bullet- proof vests, etc. will be provided by the employer, per Federal and State regulations. The employer will supply at no cost to the employees all required uniform items and reasonable replacements upon initial hire. New hires will not qualify for uniform allowance until they complete one year of service. Public Works: Article X - Overtime. Added: No compensatory leave time will be granted to probationary employees unless approved by Department Head for emergency purposes. Article XI - Call Back/Stand-By Duty. Added: Weekday Pump Duty. Any employee on pump duty will be available for call out during the week, in addition to weekends. Pump duty will begin at 3:30 PM Wednesdays and continue to the following Wednesday at 7:00 AM. The employee • responsible for call back during this period would be the employee scheduled on the pump duty roster. An additional three hours of overtime wages (3 hours/week at 1-1/2 times the employee's normal rate of pay) will be paid to the pump duty employee for carrying the pager during the week. Article XXII - Funeral Leave. Amended: In the event of the death of an employee's spouse, children, stepchildren, parents, brother, or sister, or employee's spouse's parents, the employee will be granted three days of funeral leave with pay. In the event of the death of an employee's grandparent or grandchild or spouse's grandparent, or spouse's grandchild, brother or sister, an employee will be granted one day funeral leave with pay. Article XXVII - Wages. Amended: Payday changed from Wednesday to Friday. Appendix A - Wages. C. Working out of Classification. Added to Maintenance III list: 4. Pool Operator 8. Tree Inspector. • Page 3 9. Aerial Crane. 11. Tar kettle/Crack filling machine. 15. Graco Paint Striper. 16. Playground Inspection. Appendix B - Step System. During 2000, the City agrees to review the Step System that is a part of the current Agreement. Fire: Section 10.1 - Wage Schedule. Amended to replace current language with: Employees working out of classification shall receive the hourly rate of that position. Section 13.1 - Clothing Allowance. Amended: All Fire Department employees will be reimbursed $335.00 for Year 2000 and $350.00 for Year 2001 for necessary clothing/supplies/maintenance. All Fire Department employees shall be issued a reimbursement check annually in January of each year to be used for all necessary clothing/supplies/maintenance of their uniforms. If an.employee terminates employment during the year, the Employer shall receive from Employee the unspent balance.of year's clothing allowance and his/her uniform. • Section 14.7 - Personal Leave With Pay. Added: The current balance of the sick leave bank shall be frozen. A committee, consisting of the City Manager and two (2) members of the Fire Department, who will be chosen by the Union, shall be created and before any Union member of the Fire Department can use any of the sick leave from the bank, he/she must have the approval of the committee. Section 21 - Longevity. Amended: 21.1.1 After seven years $70.00 (increased from $50.00 per month) per month. • AGREEMENT BETWEEN CITY OF ST. ANTHONY AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 3486 (ST. ANTHONY FIRE FIGHTERS) January 1 , 2000 - December 31 , 2001 • TABLE OF CONTENTS Page Number 1 . PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. RIGHTS, PRIVILEGES AND WORKING CONDITIONS . . . . . . . . . . : . . . . . 3 5. EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6. GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7. SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 .8. SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9. DISCIPLINE . . . . . . . . . . . . 8 10. WAGE SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 . SCHOOLS AND TRAINING SESSIONS . . . . . . . . . . . . . . . . . . . . . . . . . 10 12. PROMOTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - • 13. CLOTHING MAINTENANCE ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . 10 14. PERSONAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15. HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16. FUNERAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17. HOSPITAL AND GROUP INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . 14 , 18. SHIFT EXCHANGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 19. LONGEVITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 20. NON-DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 15 21 . CALL-BACK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 22. DURATION . . . . . . . . . . . . . . . . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . 15 LABOR AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 3486 (ST. ANTHONY FIREFIGHTERS) 1 . PURPOSE OF AGREEMENT. 1 .1 . This agreement is entered into between the City of St. Anthony, hereinafter referred to as the EMPLOYER, and the International Association of Firefighters Local 3486, hereinafter referred to as the UNION. The EMPLOYER and the UNION, through this Agreement, continue to pledge their dedication to the highest quality of public service by methods which will best serve the needs of the general public. 1 .2. It is the intent and purpose of this agreement to: 1 .2.1 . Achieve orderly and peaceful relations. 1 .2.2-. Establish the full and complete understanding of the . parties concerning the terms and conditions of this Agreement. 1 .2.3. Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement. 1 .2.4. Place in written form the parties' agreement upon the terms and conditions of.employment for the duration of this Agreement: 2. RECOGNITION. 2.1 . The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179A., for all uniformed, full time Fire Department personnel, whose job classifications are Captain and Fire Equipment Operator (FEO)/Fire Fighter. 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. � II 3. DEFINITIONS. Page 2 3.1 Base Pay Rate: the EMPLOYEE'S monthly pay rate exclusive of any other special allowance. 3.2. Call-Back, Emergency: a call by the EMPLOYER to an EMPLOYEE(S) to report for work during an EMPLOYEE'S scheduled off duty time due to an emergency. 3.3. Call-Back, Regular Duty: an EMPLOYEE, who is scheduled after the normal duty shift, to be called back to duty. 3.4. Compensatory Time: paid time off granted the EMPLOYEE from the work in lieu of pay for overtime worked. 3.5. Department: City of St. Anthony Fire Department. 3.6. Department Head: Chief of the St. Anthony Fire Department. 3.7. Employee: a member of the exclusively recognized bargaining unit. 3.8. Employer: the City of St. Anthony or its designated representative. 3.9. Fire Equipment Operator/Fire Fighter: an EMPLOYEE appointed by the EMPLOYER to the job classification of FEO/Fire Fighter. 310 Fire Captain: An EMPLOYEE appointed by the EMPLOYER to the job classification of Captain. 3.11 . Grievance: a dispute over the interpretation_ or application of this Agreement. 3.12. Holiday: days off with pay as specified by this Agreement. 3.13. Job Related Course: an educational course so designated by the EMPLOYER. 3.14. Normal Annual Shift Schedule: 121 normal duty shifts. Page 3 3.15. Overtime: work performed at the express authorization of the EMPLOYER at times other than an EMPLOYEE'S normal duty shift. 3.16. Probation: six (6) months from the EMPLOYEE'S date of appointment. 3.17. Seniority: the length of continuous employment with the EMPLOYER. 3.18. Shift/Normal Duty Shift/Tour of Duty: a consecutive 24 hour time period. 3.19. Union: the International Association of Fire Fighters Local No. 3486 St. Anthony Fire Fighters. 3.20. Union Member: a member of International Association of Fire Fighters Local 3486 St. Anthony Fire Fighters. 3.21 . Work Cycle: a 21 day time period chosen by the EMPLOYER. 3.22. Work Week: an average 56 hours per week. 4: RIGHTS, PRIVILEGES AND WORKING CONDITIONS. 4.1 . The EMPLOYER shall deduct from the wages of EMPLOYEES, who authorize such deduction in writing, a monthly amount sufficient to provide the payment of dues, or a fair share amount as permitted by PELRA, as established by the UNION. Such monies shall be remitted to the UNION. 4.2. The UNION may designate-UNION MEMBERS to act as stewards and shall inform the EMPLOYER in writing of such choice. The EMPLOYER may designate persons to represent it and to inform the UNION, in writing, of such choices and any change in such choices. 4.3. The EMPLOYER will provide a.bulletin board and make sufficient space available for the posting of UNION notices and announcements. 4.4. Consistent with public interests and with the permission of the Department Head, or his designate, the EMPLOYER agrees that a . UNION representative shall, without loss of pay, be allowed to: Page 4 � II 4.4.1 . investigate and pursue grievances, 4.4.2. attend negotiation meetings, 4.4.3. consult with EMPLOYER representatives, 4.4.4. meet with local UNION officials or other UNION representatives concerning the enforcement or application of any provision of this Agreement. 4.5. The UNION shall indemnify and save the EMPLOYER harmless against any and all claims, demands, suits or other forms of liability which may arise out of any action taken or not taken by the EMPLOYER for.the purpose of complying with the provisions of this Section. 5. EMPLOYER AUTHORITY. 5.1 . The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select,.direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 6. GRIEVANCE PROCEDURE. 6.1 . Grievances, as defined in 3.1 1 , shall be resolved in conformance with the following procedure: 6.1 .1 . Step 1 . An EMPLOYEE claiming a violation, concerning the interpretation or application of Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor, as designated by -the EMPLOYER. The EMPLOYER designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in 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 receipt by the UNION of the EMPLOYER designated representative's final answer in Step 1 . Any grievance not appealed in writing to Page 5 Step 2 by the UNION within ten (10) calendar days shall be considered waived. 6.1 .2. Step 2, If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER'S Step 2 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 receipt by the UNION of the EMPLOYER designated representative's final Step 2 answer. Any grievance not appealed, in writing, to Step 3 by the UNION within ten (10) calendar days shall be considered waived. 6.1 .3. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated . representative shall give the UNION the EMPLOYER'S answer, in writing, within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following receipt by the UNION of the EMPLOYER designated representative's final Step 3 answer. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. 6.1 .4. 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 Employee Labor Relations Act of 1971., as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employee Relations Board. 6.2. Arbitrator's Authority: 6.2.1 . The Arbitrator shall have no right to amend, nullify, ignore, add to or subtract-from the terms and conditions of this Agreement. The Arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER Page 6 and the UNION and shall have no authority to make a decision on any other issue not so submitted. 6.2.2. The Arbitrator shall be without power to make decisions contrary to, 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 the close of the hearing or the submission of briefs by the ,parties, whichever is 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. 6.2.3. The fees and expenses for the Arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost,shall be shared equally. 6.3. 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. 6.4. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION, in each step. 7. SAVINGS CLAUSE. 7.1 . This Agreement is subject to the law. In the event any of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgement or decree no appeal has been Page 7 taken within the time provided, such provision(s) shall be voided. All other provisions shall continue in full force and effect. The voided provision may be re-negotiated at the.written request of either party. All provisions of this Agreement shall continue in full force and effect. 8. SENIORITY. 8.1 . 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 Department Head on the basis of time in grade.and time within specific classifications. A seniority list shall be established by the EMPLOYER and a copy of that list forwarded to the UNION. 8.1 .1 . Seniority shall be according to time and date of hire. 8.1 .2. In case two EMPLOYEES are hired at the same time, one shall be senior. In case two or more are hired at the same time, seniority shall be determined by lottery (such as the flip of a coin or the drawing of a card). 8.1 .3. New EMPLOYEES shall be on a six month probationary period. The EMPLOYEE .shall be certified after that time unless, in the opinion of the Department Head, additional training is necessary before certification. In no event may an EMPLOYEE be subject to more than two consecutive probationary periods. 8.1 .3.1 . During the probationary period, a newly hired or rehired EMPLOYEE may be discharged at the sole discretion of the EMPLOYER. 8.1 .3.2. : During the probationary period, a promoted or re-assigned EMPLOYEE may be replaced.in his/her previous position at the sole discretion of the EMPLOYER. 8.2. A reduction in work force will be accomplished on the basis of job classification and/or seniority with the EMPLOYEE with the least seniority to be laid off first. 8.3. EMPLOYEES shall be recalled from layoff on the basis of . seniority. The EMPLOYEE laid off with the highest seniority shall Page 8 be recalled first. An EMPLOYEE on layoff shall have an opportunity to return to work before any new EMPLOYEE is hired. 8.4. Vacation requests shall be selected on the basis of seniority until March 15th of each calendar year. 9. DISCIPLINE. 9.1 . The EMPLOYER will discipline EMPLOYEES for just cause only. Discipline will be in one-or more of the following forms: 9.1 .1 . Oral reprimand; 9.1 .2. Written reprimand; 9.1 .3. Suspension; 9.1 .4. Demotion; 9.1 .5. Discharge. 9.2. Discipline that is placed in the EMPLOYEE'S personnel file shall be read and acknowledged by signature of the EMPLOYEE. The UNION and the EMPLOYEE involved will receive a copy of such discipline. 9.3 Discharges will be preceded by a five (5) day suspension without pay. 9..4. EMPLOYEES will not be questioned concerning an investigation of disciplinary action unless the EMPLOYEE has been given an opportunity to have a UNION representative present at such questioning. 9.5. Grievances relating to this Article shall be initiated by the UNION at the Step 3 level of the Grievance Procedure of Article 6. 9.5.1 If, as.a result of the written response to 6.1 .3 Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion or discharge of an EMPLOYEE who has completed the required probationary period, the grievance may be appealed to Step 4 of Article 6 or a procedure such as Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 of Article 6, the grievance is not subject to arbitration as pro_vided in Step 4 of Article 6. of this AGREEMENT. Page 9 9.6. EMPLOYEES may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 10. WAGE SCHEDULE. 10.1 . EMPLOYEES working out of classification will receive the hourly rate of that position. 10.2. Hourly salary for Fire Fighter/FEO and Captain shall be as follows: 2000 2001 CAPTAIN $15.97 $16.45 FIRE FIGHTER After 3 years $15.29 $15.75 After 2 years $14.90 $15.35 After 1 year $14.52 $14.96 After limos. $14.12 $14.54 Start $13.78 $14.19 10.3 The work schedule for all positions covered by this AGREEMENT shall average fifty-six (56) hours per week, three hours of which are compensated at one and one-half times the hourly rate in accordance with the Federal Fair Labor Standards Act. 10.4. EMPLOYEES will be compensated at one and one-half times their regular hourly rate for working at time other than the EMPLOYEES regularly scheduled shift. Exchanges of shifts between EMPLOYEES under Article 20 of this Agreement do not qualify an EMPLOYEE for overtime under this Section. 10.5. Overtime will be distributed as equally as possible. 10.6. Overtime refused by EMPLOYEES will, for record purposes under Section 10.5, be considered unpaid overtime worked. 10.7. For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. • 10.8. Overtime will be calculated to nearest fifteen 15 minutes. Page 10 11 . SCHOOLS AND TRAINING SESSIONS. 11 .1 . All EMPLOYEES shall be required to attend such schools or training sessions, as may be required by the City Manager. Attendance at sessions scheduled while EMPLOYEES are off duty shall be voluntary for those EMPLOYEES. If, in the opinion of the EMPLOYER, it is necessary for the EMPLOYEE to return for a specialized training program that cannot' be held during the regular work day, the EMPLOYEE shall be compensated at one and one-half the hourly rate. 12. PROMOTION. 12.1 . Promotion from Fire Fighter to Captain and Captain to Assistant Chief or Chief may be made from within the Fire Department, if enough years experience and supervisory skill is held by any member of the Fire Department to qualify for the position, as determined by the EMPLOYER. 12.2. In the event of a job opening(s), the job shall be posted on the Fire Station bulletin board for at least ten (10) days. In evaluating candidates for job openings, if all other factors as determined by examination, interview or review are equal, .the employee among those tested with the greatest seniority will be selected to fill the position. Otherwise, the person with the.highest cumulative score shall fill the position. 13. CLOTHING ALLOWANCE. 13.1 . All Fire Department EMPLOYEES shall be allowed $335.00 for 2000 and $ 350 . 00 for 2001 necessary clothing/supplies/maintenance. All Fire. Department EMPLOYEES shall be issued a reimbursement check annually in January of each year to be used for all necessary clothing/supplies/maintenance of their uniforms. If an EMPLOYEE terminates employment during the year, the City shall receive from EMPLOYEE the unspent balance of year's clothing allowance and his/her uniform. Page 11 13.2. The EMPLOYER is to furnish over and above the Clothing Allowance, all protective firefighting clothing and gear, including badges, patches, rank insignia, etc.. 13.3. Any changes or additions to protective fire fighting clothing required by City, State or, Federal agencies shall be the EMPLOYER'S responsibility to conform. 13.4 The EMPLOYER will repair or replace eyeglasses necessary to the EMPLOYEE'S performance of duties when eyeglasses are damaged or lost in the line of duty. 14. PERSONAL LEAVE. 14.1 Amount allowed.. Full time employees shall earn personal leave according to the following schedule: Hours Accrued Per Year after 6 months 240 hours after 1 year and less than 5 years 456 hours . after 5 years and less than 10 years 504 hours. after 10 years and less than 15 years 552 hours after 15 years 600 hours Employees using earned personal leave shall be considered to be working for the purpose of accumulating additional personal leave. 14.2 Usage. Personal leave may be used as earned, subject to approval by the Department Head and City Manager of the time at which it may be taken. In order to allow coordination of personal leave with family and medical leave, employees seeking to take personal leave may be required to provide enough information about the purpose of the time off to allow a determination of whether the time will also qualify for family and medical leave. If the personal leave also qualifies for family and medical leave, the employee must take both leaves simultaneously. 14.3 Terminal Leave. Any employee leaving the municipal service in . good standing after giving proper notice of such termination of employment, will be compensated for personal leave accrued and Page 12 unused to the date of separation according to the schedule set forth in Section 14.7. 14.4 Waiver of Personal Leave Prohibited. No employee is permitted to waive personal leave for the purpose of receiving double compensation. 14.5 Procedure. To be eligible for personal leave with pay, an employee shall report as soon as possible to his or her Department Head the need to take personal leave and its estimated duration. 14.6 Workers' Compensation. Employees are covered by the workers' compensation laws of the State. In the event an employee is disabled and is entitled to workers' compensation, the employee will keep any workers' compensation payments received and eligible to receive a bi-weekly pay check equal to 1/3 pay through the use of personal leave benefits. In addition, the employee will be entitled to earn 1/3 of the amount of the personal leave pay they would otherwise be entitled to during an absence from their employment. Employees receiving such.workers' compensation ' will be considered working for the purpose of accumulating additional personal leave benefits. 14.7 Unused Personal Leave Pay. The current balance of the sick leave bank shall be frozen. A committee, consisting of the City Manager and two members of the Fire Department, who will be chosen by the Union, shall' be created and before any Union member of the Fire Department can use any of the sick leave from the bank, he/she must have the approval of the Committee. An unused personal leave pay policy is established subject to the. following rules and regulations: (a) The employee must be in good standing and give proper notice of termination in the case of resignation. (b) Qualifying employees shall receive their accumulated personal leave up to a maximum as listed in the following schedule:. Maximum Payment 6 months 96 hours 1 year, less than 3 years 168 hours ' 3 years, less than 5 years 528 hours Page 13 5 years, less than 10 years 684 hours 10 years, less than 15 years 756 hours 15 years 828 hours 14.8 Donation of Personal Leave to Employees with Serious Medical Problems. Employees may voluntarily donate personal leave time in hour increments. which can be converted to use by employees facing serious medical problems or extended time off due to serious medical problems and who have no accumulated personal leave time or compensatory time available. The use of this donated personal leave must be approved by the Department Head and the City Manager and will be converted to the receiving employee's paid hourly rate. . 14.9 Probationary Use. During the probationary period described in Section 8.1 .3 of this Agreement, personal leave may not be used. 15. HOLIDAYS. 15.1 . All full-time, permanent and probationary EMPLOYEES shall observe the following twelve (12) paid holidays each year, and will receive additional pay or receive another day off according to 15.2. 15.1 .1 New Year's Day - January 1 15.1 .2 Martin Luther King Day - third Monday in January 15.1 .3 President's Day - third Monday in February 15.1 .4 Good .Friday - Friday preceding Easter Sunday 15.1 .5 Memorial Day - last Monday in May 15.1 .6 Independence Day - July 4 15.1 .7 Labor Day - first Monday in September 15.1 .8 Christopher Columbus Day - 2nd Monday in October 15.1 .9 Veteran's Day - November 11 15.1 .10 Thanksgiving Day - fourth Thursday in November 15.1.1 1 Friday following Thanksgiving Day 15.1 .12 Christmas Day - December 25 15-.2. These holidays may be: Page 14 15.2.1 taken off, unless the EMPLOYER cannot cover the shift without the EMPLOYEE who is requesting time off; 15.2.2 or the EMPLOYEE will receive the extra pay for the holiday; 15.2.3 or the EMPLOYEE may take another shift off with pay 30 days prior to the holiday or 30 days after the holiday at the option of the EMPLOYEE. 15.3. If the EMPLOYEE opts to receive the extra pay in Section 17.2.2 the extra pay will be calculated as the annual base salary divided by 242 for each shift. 16. FUNERAL LEAVE. 16.1 . In the event of the death of any EMPLOYEE'S spouse, children, parents, brother or sister, or spouse's parents, the EMPLOYEE will be granted three days of funeral leave with pay, not to be • deducted from EMPLOYEE'S accrued personal leave. 16.2. In the event of the death of an EMPLOYEE'S grandparents or spouse's grandparents, brother or sister, the EMPLOYEE will be granted one day of funeral leave with pay, not to be deducted from EMPLOYEE'S accrued personal leave. 17. HOSPITAL AND GROUP INSURANCE. 17.1 . The EMPLOYER will pay up to $465.00 in 2000 and up to $490.00 in 2001 per EMPLOYEE per month for employees group surgical/medical and $10,000 life insurance policies and dependents surgical/medical group insurance policy. 17.2 The EMPLOYER will pay 100% of the cost of single coverage of health (medical/surgical) insurance. 1.8. SHIFT EXCHANGE. 18.1 . EMPLOYEES may exchange duty shifts with another employee Page 15 provided that such exchange does not subject the EMPLOYER to liability for additional overtime compensation by virtue of such trading of shifts. 18.2. The EMPLOYEES desiring the exchange of shifts shall request and receive approval of the Department Head or Assistant Fire.Chief, who must determine that such exchange will not be detrimental to the work program of the EMPLOYER. 18.3. Notification and approval of the supervisor must be obtained not less than 48 hours prior to the scheduled shifts to be exchanged. 18.4. The EMPLOYER will not be subject to the terms of Section 10.1 of this Agreement in regards to this Article unless the EMPLOYEES exchanging shifts would regularly be subject to Section 10.1 had the exchange not occurred. 19. LONGEVITY. 19.1 . EMPLOYEES shall receive longevity pay according to the following: 19.1 .1 After seven years - $70.00 per month 20. NON-DISCRIMINATION. 20.1 Neither the Union nor the EMPLOYER shall discriminate against any EMPLOYEE on any basis prohibited by law. 21 . CALL-BACK. 21 .1 . EMPLOYEES called back to work under conditions defined in Section 3.2 will receive a minimum of one (1) hour of overtime pay. 22. DURATION. This Agreement shall be effective as of January 1 , 2000 and shall remain in full force and effect until December 31 , 2001 . IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 1999. Page 16 • CITY OF ST. ANTHONY INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #3486 Its Mayor ksvPresident Its City Manager Its Vice President . s r CITY OF ST. ANTHONY RESOLUTION 99-075 A RESOLUTION RATIFYING THE 2000 - 2001 AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3486, REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT BE IT RESOLVED, that the 2000 - 2001 Agreement between the International Association of Firefighters, Local 3486, representing the St. Anthony Fire Department, and the City of St. Anthony is hereby ratified and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City. . Adopted this day of , 1999. Mayor ATTEST: City Clerk Reviewed for administration: City Manager CITY OF ST. ANTHONY AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES, INC., #186 ST. ANTHONY POLICE DEPARTMENT January 1 , 2000 - December 31 , 2001 TABLE OF CONTENTS INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE I RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE II UNION SECURITY . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE III SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE IV LAYOFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE V RECALL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE VI DISCIPLINE AND DISCHARGE . . . . . . . . . . . . . 2 ARTICLE VII PROMOTIONS . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE VIII PERSONAL LEAVE WITH PAY . . . . . . . . . . . . . 3 ARTICLE IX FUNERAL LEAVE . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE X LEAVE OF ABSENCE .. . . . . . . . . . . . . . . . . . . . 5 ARTICLE XI HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE XII HOURS OF WORK, WORK SCHEDULES . . . . . . 5 i ARTICLE XIII OVERTIME . . . . . . . . . . . . . . . . . . . : . . . . : . . 6 ARTICLE XIV UNION VISITATIONS AND NOTICES . . . . . . . . . 6 ARTICLE XV UNION BUSINESS . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE XVI HEALTH AND LIFE INSURANCE . . . . . . . .. . . . . 6 ARTICLE XVII WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE XXIII LONGEVITY . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE XIX SCHOOLS AND TRAINING SESSIONS . . . . .. . . . 7 ARTICLE XX P.O.S.T. BOARD REQUIREMENTS . . . . . . . . . . 9 ARTICLE XXI GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . 9 ARTICLE XXII RIGHT OF SUB-CONTRACT . . . . . . . . . . . . . . 11 ARTICLE XXIII CLOTHING ALLOWANCE . . . . . . . . . . . . . . . . 11 ARTICLE XXIV EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . 11 ARTICLE XXV NON-DISCRIMINATION CLAUSE . . . . . . . . . . . 11 ARTICLE XXVI SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . 12 ARTICLE XXVII DURATION . . . . . . . . . . . . . . . . . . . . . . . . . 12 . AGREEMENT BETWEEN CITY OF ST. ANTHONY AND LAW ENFORCEMENT LABOR SERVICES #186, REPRESENTING ST. ANTHONY POLICE DEPARTMENT EMPLOYEES INTRODUCTION This AGREEMENT is he made and entered into between Law Enforcement Labor Services, Inc., hereinafter referred to as the UNION and the City of St. Anthony, a municipal corporation, hereinafter referred to as the EMPLOYER. The intent and purpose of this AGREEMENT is to: 1 . Establish certain hours, wages and conditions of employment; 2. Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 3. Specify the full and complete understanding of the parties; and 4. Place in written form the parties' AGREEMENT upon terms and conditions of employment for the duration of the AGREEMENT. . The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. ARTICLE I RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative in matters involving conditions of employment of all essential employees of the City of St. Anthony, Minnesota, who are public employees within the meaning of Minn. Stat. 179A.03, subd. 14, excluding supervisory and confidential employees. ARTICLE II UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 1 . Deduct the first pay day of each month an amount sufficient to provide the payment of such dues or fair share established by the UNION to be due and payable, and 2. Remit such deduction to the UNION at the earliest practicable date after collection. . 3. The UNION may designate certain employees from the bargaining unit to act as Stewards and shall inform the EMPLOYER in writing of such choice. Page 2 • 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 under the provisions of this Article. ARTICLE III SENIORITY New employees shall be on a one (1) year probationary period. Annually, the EMPLOYER shall furnish to the UNION a seniority list of the employees showing their respective dates of hire. There shall be one (1) master seniority list per classification established based on the employees original date of hire. Senior qualified Employees shall be given preference in bidding for shifts, within job classifications. All Employees covered by this AGREEMENT are eligible to bid for shifts by seniority, except those Employees with less than one (1) year continuous service in the Saint Anthony Police Department at the time of such bidding, or which are herein expressly exempted. Except as otherwise provided in the Contract, the EMPLOYER will not assign an Employee to work a shift other than the one assigned through the bid process, for the duration of the bid process, unless the EMPLOYER gives the Employee 24 hours notice. If a 24 hour notice is not provided, the EMPLOYER shall pay overtime. Bidding shall commence not less than thirty (30) days prior to the commencement of the work schedule being bid, and bidding shall be open until twenty (20) days prior to the commencement of the work schedule being bid. ARTICLE IV LAYOFF In the event it becomes necessary to lay off employees for any reason, employees within one classification shall be laid off in the inverse order of their seniority. ARTICLE V RECALL Employees shall be recalled from layoff according to their seniority in their classification. No new employees shall be hired until all employees on layoff status desiring to return to work have been recalled. The employee's option to return to work shall be limited to three (3) years after first notice of recall, subject to EMPLOYER'S determination of competence. ARTICLE VI DISCIPLINE AND DISCHARGE_ ' In the event of discharge, the employee or his representative shall commence any . Page 3 grievance or complaint at Step Three of the grievance procedure. Disciplinary action shall be for just cause-and shall be subject to the grievance procedure. ARTICLE VII PROMOTIONS' Promotions are solely at the discretion of the EMPLOYER, subject to the following: 1 . There shall be a posting of a job vacancy in the unit for at least ten (10) days before the official closing of applications. 2. The City shall require such written, oral, performance, psychological and other examinations or evaluations as deemed necessary to fill the position. The date(s) of such examination and their respective weight in determining selection shall be communicated to all candidates before the first examination. 3. A written notification of promotion and salary shall be given to the person selected. . ARTICLE VIII PERSONAL LEAVE WITH PAY 1 . Amount allowed. Full time employees shall earn personal leave according to the following schedule: Hours Accrued Per Year 0 - 5 years 176 hours 5 - 14 years 216 hours 15 + years -256 hours Employees using earned personal leave shall be considered to be working for the purpose of accumulating additional personal leave. 2. Usage. Personal leave may be used as earned, subject to approval by the Department Head and City Manager of the time at which it may be taken. In order to allow coordination of personal leave with family and medical leave, employees seeking to take personal leave may be required to provide enough information about the purpose of the time off to allow a determination of whether the time will also qualify for family and medical leave. If the personal leave also qualifies for family and medical leave, the employee must take both . leaves simultaneously. 3. Terminal Leave. Any employee leaving the municipal service in good standing Page 4 • after giving proper notice of such termination of employment, will be compensated for personal leave accrued and unused to the date of separation according to the schedule set forth in Section #7. 4. Waiver of Personal Leave Prohibited. No employee is permitted to waive personal leave for the purpose of receiving double compensation. 5. Procedure. To be eligible for personal leave with pay, an employee shall report as soon as possible to his or her Department Head the need to take personal leave and its estimated duration. 6. Workers' Compensation. Employees-are covered by the workers' compensation laws of the State. I'n the. event an employee is disabled and is entitled to workers' compensation, the employee will keep any workers' compensation payments received and eligible to receive a bi-weekly pay check equal to 1/3 pay through the use of personal leave benefits. In addition, the employee will be entitled to earn 1/3 of the-amount of the personal leave pay they would otherwise be entitled to during an absence from their employment. Employees receiving such .workers' compensation will be considered working 'for the purpose of accumulating additional personal leave benefits. ' 7. Unused Personal Leave Pay. An unused personal leave pay policy is established subject to the following rules and regulations: (a) The employee must be in good standing and give proper notice of termination in the case of resignation. (b) Qualifying employees shall receive their accumulated personal leave up to a maximum as listed in the following schedule: Maximum Payment 0 - 3 years of service '/Z of personal leave accrued 3 + years 480.0 hours 4 + years 528.0 hours 5 + years 600.0 hours 8. Donation of Personal Leave to Employees with Serious Medical Problems. Employees may voluntarily donate personal leave time in hour increments which can be converted to use by employees facing serious medical problems or extended time off due to serious medical problems and who have no accumulated personal leave time or compensatory time available. The use of • this donated personal leave must be approved by the Department Head and the City Manager and will be'converted to the receiving employee's paid hourly rate. . Page 5 This does not include temporary or seasonal positions or unionized employees who have a sick pool that is already established. ARTICLE IX FUNERAL LEAVE In the event of the death of any employee's spouse, children, or parents or spouse's parents, the employee will be granted three (3) days (24 hours). of funeral leave with pay. In the event of the death of an employee's or his spouse's grandparents, brothers and sisters, an employee will be granted one (1) day's (8 hours) funeral leave with pay. ARTICLE X LEAVE OF ABSENCE Employees subpoenaed as witnesses, or called and selected for jury duty shall receive their regular compensation less jury pay. Mileage allowance not to be considered as jury pay. Whenever any employee is delegated to attend conventions of labor which require his absence from work, the EMPLOYER agrees that such absence shall be allowed, provided there is not substantial work interference, and the EMPLOYER is able to make satisfactory arrangements. ARTICLE XI HOLIDAYS All Employees shall observe the following twelve (12) paid holidays each year, plus an additional eight (8) hours of holiday pay. New Years Day Labor Day Martin Luther King Day Columbus Day Presidents Day Veterans Day Good Friday Thanksgiving Day Memorial Day Friday following Thanksgiving Day .Independence Day Christmas Day ARTICLE XII HOURS OF WORK, WORK SCHEDULES A normal work day for full time employees may be up to twelve (12) hours. The normal work week for full time Employees shall be an averaged forty (40) hours. EMPLOYEES, when ordered to work overtime, shall work no longer than a 16 hour shift. This schedule shall be in effect until December 31, 2000. The Chief of Police has authority to establish shifts for 2001 . . The average work month for.Employees for the purpose of computing personal leave and fractions of a month's work-shall be one hundred seventy-three (173) hours. Page 6 All Employees will be allowed two work relief periods a shift not to exceed fifteen (15) minutes each. ARTICLE XIII OVERTIME Overtime is defined as all hours worked in excess of an averaged forty (40) hours per week, in excess of a scheduled shift. Overtime for all Employees shall be paid'as it is earned at the rate of time and one-half (1-1/2). With the mutual agreement of the EMPLOYER and the Employee, overtime shall be compensated at the rate of time and one-half (1-1/2) compensatory time off. Overtime shall be divided on a seniority basis, as equally as possible among all Employees on the seniority list. Officers called in for court appearance while off duty will receive a minimum of three (3) hours pay at time and one-half (1-1/2). Officers required to be "on call" for a court appearance during time off will receive 'a maximum of two (2) hours pay at time and one half (1-1/2). ARTICLE XIV UNION VISITATIONS AND NOTICES ' A duly authorized representative of the UNION will be permitted to visit the premises of the EMPLOYER at reasonable times for the purpose of transacting legitimate business of the UNION, provided there will be no undue and unreasonable interference with the operation of the department. The UNION shall be allowed to post reasonable and appropriate UNION notices for employees at a convenient place designated by the EMPLOYER. ARTICLE XV UNION BUSINESS One (1) Employee at a time shall be granted leave without pay to attend to UNION business not to exceed a total of ten work days per. calendar year The EMPLOYER shall attempt, if possible, to arrange the employee's work schedule so that the employee. will not lose pay. ARTICLE XVI HEALTH AND LIFE INSURANCE The EMPLOYER will contribute Four Hundred Sixty-five Dollars ($465.00) per month for 2000 and Four Hundred Ninety Dollars ($490.00) per month for 2001 towards the total cost of the Employee's health and life insurance and any dependent's health insurance costs. By mutual agreement employees may use up to Fifteen Dollars ($15.00) of health insurance for dental insurance. . Page 7 If the total cost of the insurance is less than the City contribution, then the City will refund the difference in a one-time, taxable payment on January 30th for the previous year. All additional longevity pay in lieu of insurance benefit is hereby-terminated. Employees separating during the year will receive paid refund on a pro-rata basis. (The provisions of this paragraph will not apply to any employee hired after December 31 , 1988. Employees hired after that date will not be entitled to such payment in lieu of insurance coverage or pro-rate refunds.) ARTICLE XVII WAGES A. Top Scale Wages _2000/Mo. 2001/Mo. Police Officer $4,020.27 $4,140.88 B. Wage Step System (for hirees after January 1 , 1982) Police Officer Start 75% of Top Scale . After one (1 ) year 85% of Top Scale After two (2) years 95% of Top Scale After three (3) years 100% (Top Scale) C. Field Training Officers will receive one (1) hour of compensatory time for every day of training, which includes use of . force and firearms instruction. D. Pay Days. Employees will be paid every two weeks on the alternate Fridays. When a holiday falls on a Friday pay day, employees will receive their paychecks on the preceding Thursday. When two-day holidays fall on the Friday pay day and the Thursday preceding the Friday pay day, employees will receive their pay checks on the preceding Wednesday. ARTICLE XVIII LONGEVITY Employees with the required service credit shall receive longevity pay according to the following: Five (5) years but less than ten (10) $100/month Ten (10) years but less than fifteen (15) $150/month . Fifteen (15) years or more $200/month ARTICLE XIX SCHOOLS AND TRAINING SESSIONS Page 8 • All employees shall.be required to attend such schools or training sessions as may be required by EMPLOYER. Attendance at sessions scheduled while officers are off duty shall be voluntary for those officers. Compensation for such attendance is considered included in the approved salary schedule unless EMPLOYER is reimbursed from an outside source. It shall be the policy of the City of St. Anthony to maintain a College Incentive Program according to the following provisions for employees hired prior to February 1 , 1986. 1 . In order to qualify for the program, earned college credits be graded "C" or better or pass in a pass, no pass grading system and must be certified to and approved by the EMPLOYER. 2. This program shall be based upon the quarter credits system as practiced at the University of Minnesota. Courses based on any other credit system shall be converted to the quarter credit system by the EMPLOYER. 3. The College Incentive Compensation, in addition to base salary, shall be ' paid at the rate of forty cents ($.40) per approved credit per month, up to a maximum of one hundred thirty-five (135) quarter credits. A four (4) year degree, consisting of one hundred eighty (180) or more quarter credits shall be compensated, in addition to base salary, at the rate of eighty (80) or more quarter credits shall be compensated, in addition to base salary, at the rate of eighty dollars ($80.00) per month. 4. Candidates for College Incentive Compensation must have completed twelve (12) months consecutive service with the St. Anthony Police Department. 5. College Incentive Compensation for the first one hundred thirty-five (135) quarter credits shall be computed January 15th and July 15th. 6. College Incentive Compensation shall be considered in computing rates for overtime. 7. The operation of the College Incentive Program and creation of any necessary regulations related thereto shall be administered by the City Manager with the approval of the City Council. 8. In order for an employee to continue to receive College Incentive • Compensation six (6) credit hours of training outside of normal . Page 9 departmental training must be acquired each two (2) years. For each two (2) year period that an employee doesn't meet this requirement he shall have six (6) credits dropped from his approved schedule until such time as he completes the required work or all credits are removed from his approved list. Individuals who achieve AA degree in Law Enforcement or a four year degree will be exempt from the above. 9. Credits on courses taken that may not be accredited courses may be used if approved by the EMPLOYER for maintaining one's compensation level. 10. Employees covered under this program are-grandfathered at current rates unless application of the provisions of Subd. 8 of this Article would cause those monthly amounts to decrease, in which case such benefits will be accordingly reduced. ARTICLE XX P.O.S.T. BOARD REQUIREMENTS The EMPLOYER will contribute 100% of the cost of any necessary license fee and application for such license under, the Peace Officer Standards and Training. Act (P.0.S.T.). The EMPLOYER is to make every effort possible to provide the necessary P.O.S.T. certified training required under the current law during the course of duty time. In the event that it is not possible to provide necessary P.O.S.T. certified training during duty time, the employees will be reimbursed in the form of compensatory time off for off duty training hours at the rate of time and one-half, effective from the date the agreement is signed. ARTICLE XXI GRIEVANCE PROCEDURE 1 . This grievance procedure is established for the purpose of resolving disputes involving the interpretation or application of this AGREEMENT. 2. The EMPLOYER will recognize Stewards selected by the UNION as the grievance representatives of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the Stewards and of their successors when so named. 3. A grievance is defined as a dispute over the interpretation or application . of this AGREEMENT. 4. Grievances shall 'be resolved in the following manner: Page 10 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 present such grievance to the employee's immediate supervisor designated by the EMPLOYER. The EMPLOYER-designated representative will give a final answer to Step 1 grievance within ten (10) calendar days. If a grievance is not resolved in Step 1 , such grievance shall be placed in writing and referred to Step 2 within ten (10) calendar days after the EMPLOYER'S final answer in Step 1 . Any grievance not referred in writing by the employee within ten (10) calendar days shall be considered waived. STEP 2. The written grievance shall be presented personally to the employee's department head or other EMPLOYER-designated representative. A copy will be sent by registered mail, return requested to the City Manager. The EMPLOYER-designated representative shall give the employee the EMPLOYER'S Step 2 answer within ten (10) calendar days after receipt of such Step 2 grievance. If a grievance is not resolved in Step 2, such grievance shall be referred to Step 3 within ten (10) calendar days following the EMPLOYER-designated representa- tive's final Step 2 answer. Any grievance not referred in writing by the employee within ten (10) calendar days shall be considered waived. ' Step 3. The written grievance shall be presented personally to the EMPLOYER-designated representative (City Manager). The EMPLOYER- designated representative shall give the EMPLOYER'S answer within ten (10) calendar days after receipt of such Step 3 grievance. If a grievance is not resolved in Step 3, such grievance shall be referred to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 3 answer. Any grievance not referred in writing by the employee within ten (10) days shall be considered waived. Step 4. Unresolved grievances are subject to the arbitration provisions of Minnesota Statutes, Section 179.70. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. He shall consider and decide only the specific issue submitted to him in writing by the EMPLOYER and the UNION and shall have no authority to make decision on any other issue not so submitted to him. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application for laws, rules or regulations having the force and effect of the law. The arbitrator shall submit his decision in writing within thirty (30) days following the close of the hearing or the ' submission of briefs by the parties, whichever is later unless the parties . Page 11 agree to an extension. The decision shall be based solely upon the arbitrator's interpretation or application of the express terms of this AGREEMENT on the facts of the grievance presented. All documents, communications and records dealing with a grievance shall be filed separately from the personnel files of the involved employee(s). The time limits established in this Article may be extended or modified by mutual consent of the EMPLOYER and the UNION and shall be in writing. Employees shall be allowed reasonable time to process grievances during working hours without loss of pay. ARTICLE XXII RIGHT OF SUB-CONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from sub-contracting work performed by employees covered by this AGREEMENT. . ARTICLE XXIII CLOTHING ALLOWANCE Uniform allowance shall be $500.00 per year for each officer to be paid to the officer as a reimbursement for uniform expenses. Protective clothing, i.e., bullet-proof vests, etc. will be provided by the EMPLOYER, per Federal and State regulations. The EMPLOYER will supply at no cost to the Employees all required uniform items and reasonable replacements upon initial hire. New hirees will not qualify for uniform allowance until they complete one year of service. ARTICLE XXIV EMPLOYER AUTHORITY The UNION recognizes the prerogative of the EMPLOYER to operate.and manage its affairs in all respects in accordance with existing and future laws and regulations of appropriate authorities including municipalities personnel policies and work rules. Rules and regulations shall be reasonable and consistent with this AGREEMENT and applied uniformly and without discrimination. The prerogatives and authority which the EMPLOYER has not officially abridged, delegated or modified by this AGREEMENT are retained by the EMPLOYER. ARTICLE XXV NON-DISCRIMINATION CLAUSE The provisions of the AGREEMENT shall be applied equally and without discrimination by the EMPLOYER and the UNION to all employees regardless of race, color, creed, Page 12 religion, national origin, sex, marital status, status with regard to public assistance, • disability, or age. ARTICLE XXVI SAVINGS CLAUSE 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 provision shall be voiced. All other provisions shall continue in full force and effect. The voiced provision shall be renegotiated at the request of either party. ARTICLE XXVII DURATION This AGREEMENT shall be effective as of. the first day of January, 2000 and shall remain in full force and effect until the thirty-first day of December, 2001 . IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of 19 Articles in the contract may be rewritten by mutual agreement of the parties. If no agreement is reached, all articles will remain as is. CITY OF ST. ANTHONY FOR LAW ENFORCEMENT LABOR SERVICES, ' INC., #186 Its.Mayor Its City Manager CITY OF ST. ANTHONY RESOLUTION-99-076 A RESOLUTION RATIFYING THE 2000-2001 AGREEMENT BETWEEN THE LAW ENFORCEMENT LABOR SERVICES, INC., REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT AND THE CITY OF ST. ANTHONY BE IT RESOLVED, that the 2000-2001 Agreement between the Law . Enforcement Labor Services, Inc., representing the St. Anthony Police Department, and the City of St. Anthony is hereby ratified and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City. Adopted this day of 1999. Mayor ATTEST: City Clerk Reviewed for administration: City Manager LABOR AGREEMENT BETWEEN CITY OF ST. ANTHONY AND INTERN,4TIONAL UNION OF OPERATING ENGINEERS � LOCAL NO. 49 AFL-CIO January 1 , 2000 through December 31 , 2001 TABLE OF CONTENTS ARTICLE PAGE I. PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 1 III. UNION SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 V. EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. EMPLOYEE RIGHTS GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . 2 VII. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 VIII. SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 6 IX. WORK SCHEDULES . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 X. OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 XI. CALL BACK/STAND-BY DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 XII. LEGAL DEFENSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 XIII. RIGHT OF SUBCONTRACT . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 XIV. DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XV. SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XVI. PROBATIONARY PERIODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XVII. SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XVIII. JOB POSTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 XIX. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 XX. PERSONAL LEAVE WITH PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 XXI. INJURY ON DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 XXII. FUNERALLEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 XXIII. LEAVE OF ABSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 XXIV. HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 XXV. RELIEF PERIODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 XXVI. LONGEVITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 XXVII. WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 XXVIII. EDUCATION/TRAINING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 XXIX. NON-DISCRIMINATION CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . 15 XXX. WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 XXXI. DURATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 APPENDIX A WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 WORKING OUT OF CLASSIFICATION PAY . . . . . . . . . . . . . . . . . . . . 1 APPENDIX B ENTRY LEVEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 STEPA . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . 4 STEP B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 STEPC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 STEPD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 STEPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 MAINTENANCE III MECHANIC AND WATER/SEWER DIVISIONS . . . . . . .. . . . . . . . 9 MOVEMENT THROUGH THE SYSTEM . . . . . . . . : . . . . . . . . . 10 . LABOR AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49, AFL-CIO ARTICLE I PURPOSE OF AGREEMENT This Agreement is entered into between the City of St. Anthony hereinafter called the EMPLOYER, and Local No. 49, International Union of Operating Engineers, AFL- CIO, hereinafter called the UNION. The intent and purpose of this Agreement is to: 1 .1 Establish certain hours, wages, and other conditions of employment; 1 .2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; 1 .3 Specify the full and complete understanding of the parties; and 1 .4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. The EMPLOYER and the UNION, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as.a pledge'of this dedication. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the job classifications listed in Appendix A who are public employees within the meaning of Minnesota. Stat. 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees. ARTICLE III. UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction; and 3.2 Remit such deduction to the appropriate designated officer of the UNION. . 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. Page 2 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE IV 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, other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and 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 VI EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 6.1 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. 6.2 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. 6.3 Processing Of A Grievance . Page 3 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 the 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 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. 6.4- Procedure Grievances, as defined by Section 6.1 , shall be resolved in conformance with the following procedure: Step 1 . An EMPLOYEE claiming a violation co.ncerning 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 EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting for the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER- designated representative's final answer in Step 1 . Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and, discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. 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 EMPLOYER-designated Step 3 representative. The Page 4 ' EMPLOYER-designated 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 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 in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 , as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. • 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue.(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make ,a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having -the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days.following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that • each party shall be responsible for compensating its own Page 5 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. 6.6 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 agreement of the EMPLOYER and the UNION. 6.7 Choice of Remedy If, as a result of the EMPLOYER response in Step 4, the grievance remains . unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of ARTICLE VI or a procedure such as: Civil Service Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of ARTICLE VI the grievance is not subject to the arbitration procedure as provided in Step 5 of ARTICLE VI. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 5 of ARTICLE VI 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 5 of ARTICLE VI. ARTICLE VII DEFINITIONS 7.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL- CIO. 7.2 EMPLOYER: The City of St. Anthony. 7.3 UNION MEMBER: A member of the International Union of Operating Engineers, Local 49, AFL-CIO. • 7.4 EMPLOYEE: A member of the exclusively recognized. bargaining unit. Page 6 7.5 BASE PAY RATE: The EMPLOYEE'S hourly pay rate exclusive of longevity or any other special allowance. 7.6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE II - RECOGNITION. EMPLOYEES who are promoted from a job classification covered by this Agreement and return to a job classification covered by this Agreement shall have their seniority calculated on their length of service under this Agreement for purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits'under`this Agreement. 7.7 SEVERANCE PAY: Payment made to an EMPLOYEE upon honorable termination of employment. 7.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.9 CALL BACK: Return of an'EMPLOYEE to a specified work site to perform ' assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE VIII SAVINGS CLAUSE 8.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. 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 provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX WORK SCHEDULES 9.1 The sole authority in work schedules is the EMPLOYER. The normal work day for an EMPLOYEE shall be eight (8) hours. The normal work week shall be forty (40) hours, Monday through Friday. 9.2 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 ® Page 7 normal 7:00 A.M. - 3:30 P.M. day. The EMPLOYER will give seven (7) days advance notice to the EMPLOYEES affected by the establishment of work days different from the EMPLOYEE'S normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an EMPLOYEE working other than the normal work day be scheduled to work more than eight (8) hours, however, each EMPLOYEE has an obligation to work overtime. or call backs if requested unless unusual circumstances prevent the employee from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X OVERTIME 10.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) . times the EMPLOYEE'S regular base pay rate. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by EMPLOYEES will for record purposes under ARTICLE 10.2 be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 101.5 EMPLOYEES will be allowed to earn up to 60 hours of compensatory time (60 hours maximum per year). EMPLOYEES will be allowed to take compensatory time at a rate of 40 hour increments. Compensatory time may be carried over to the next calendar year. No compensatory time leave will be granted to probationary employees unless approved by a Department Head for emergency purposes. ARTICLE XI CALL BACK/STAND-BY DUTY 11 .1 Call Back: An EMPLOYEE called in for work at a time other than the EMPLOYEE'S normal scheduled shift will be compensated for a minimum of Page 8 ' two (2) hours' pay at one and one-half (1-1/2) times the EMPLOYEE'S base pay rate. 11 .2 Stand-by Duty: EMPLOYEES who are required to be on stand-by duty on Saturdays, Sundays, or Holidays shall be compensated for such stand-by assignment at the rate of (4) hours overtime pay for each day. Stand-by duty shall include routine check of pumps and other City facilities such as lift stations, filter plant, booster station, and wading pool for chlorine. Any additional work required of the EMPLOYEE other than the routine pump check and check of other facilities shall be compensated in the amount specified by ARTICLE X OVERTIME PAY. However, an EMPLOYEE who has completed the assigned stand-by duty and is called back to the City for additional work shall be compensated in the amount specified for call back duty within this Article. 11 .3 Weekday Pump Duty. Any EMPLOYEE on pump duty will be available for call out during the week, in addition to weekends. Pump duty will begin at 3:30 PM Wednesdays and continue to the following Wednesday 'at 7:00 AM. The EMPLOYEE responsible for call out during this period would be the employee scheduled on the pump duty roster. An additional three hours of overtime wages (3 hours/week at 1-1/2 times the EMPLOYEE'S normal rate of pay) will be paid to the pump duty EMPLOYEE for carrying the pager during the week.. ARTICLE XII LEGAL DEFENSE 12.1 EMPLOYEES involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of EMPLOYEE judgmental decision may not receive legal defense by the municipality. 12.2 Any EMPLOYEE who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the EMPLOYEE'S employment, when such act is performed in good faith and under direct order of the EMPLOYEE'S supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such EMPLOYEE in defending against such charge. ARTICLE XIII RIGHT OF SUBCONTRACT 13.1 Nothing in this Agreement shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by EMPLOYEES covered by this Agreement. Page 9 ARTICLE XIV DISCIPLINE 14.1 The EMPLOYER will discipline EMPLOYEES only for just cause. 14.2An EMPLOYEE(S) will not be required to participate in an investigatory. interview by the EMPLOYER where information gained from the interview could lead to the discipline of the EMPLOYEES) 'unless the EMPLOYEE(S) is given the opportunity to have. a third party present at the interview to act as a witness for the EMPLOYEE(S). ARTICLE XV SENIORITY 15.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all job-relevant qualification factors are equal. 15.2 Seniority will be the determining criterion for recall when the job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months 'after lay off. Recalled EMPLOYEES shall have ten (10) working days after notification of recall by registered mail at the EMPLOYEE'S last known address to report to work or forfeit all recall rights. 15.3 No permanent EMPLOYEE shall be laid off while any temporary EMPLOYEE (defined as an-EMPLOYEE with less than 6 months consecutive service) is on the payroll. ARTICLE XVI PROBATIONARY PERIODS 16.1 All newly hired or rehired EMPLOYEES will serve a six (6) months' probationary period. 16.2 All EMPLOYEES will serve a six (6) months' probationary period in any job classification in which the EMPLOYEE has not served a probationary period. 16.3 At any time during the probationary period a newly hired or rehired EMPLOYEE may be terminated at the sole discretion of the EMPLOYER. 16.4 At any time during the probationary period a promoted or reassigned EMPLOYEE may be demoted or reassigned to the EMPLOYEE'S previous position at the sole discretion of the EMPLOYER. ARTICLE XVII SAFETY Page 10 17.1 The EMPLOYER and the UNION agree to jointly promote safe and .healthful working conditions, to cooperate in safety matters and to encourage EMPLOYEES to work.in a safe manner. ARTICLE XVIII JOB POSTING 18.1 The EMPLOYER and the UNION agree that ,permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 18.1 .1 have the necessary qualifications to meet the standards of the job vacancy; and 18.1 .2 have the ability to perform the duties and responsibilities of the job vacancy. 18.2 EMPLOYEES filling a higher job class based on the provisions of this Article shall be subject to the conditions of ARTICLE. XVI PROBATIONARY PERIOD. 18.3 The EMPLOYER has the right of final decision in the selection of EMPLOYEES to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX INSURANCE 19.1 The EMPLOYER will contribute up to a maximum of Four Hundred Sixty-five Dollars ($465.00) per month per EMPLOYEE for calendar year 2000 and Four Hundred Ninety Dollars ($490.00) per month per EMPLOYEE for calendar year 2001 for group health and life insurance, including dependent coverage. By mutual agreement EMPLOYEES with dependent care may use Fifteen Dollars (515.00) of the health insurance dollars for dental insurance. 19.2 EMPLOYEES not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance other than the individual group health and group life insurance. Additional life insurance can be purchased by EMPLOYEES at the EMPLOYEE'S expense to the extent allowed under the EMPLOYER'S group policy. 19.3 Individual EMPLOYEES may provide for an increased EMPLOYER contribution 'for insurance over that amount stipulated by 19.1 , by lowering their salary . - Page 11 from the rates stipulated in Appendix A to provide for an increased EMPLOYER contribution which will fully pay for the EMPLOYEE'S. health, life, and dental insurance, including dependent coverage. ARTICLE XX PERSONAL LEAVE WITH PAY. 20.1 . Amount Allowed. Full time employees shall earn personal leave according to the following schedule:. Hours Accrued Per year 0 - 5 years 176 hours 5 + - 14 years 216 hours 15 + 256 hours Employees using earned personal leave shall be considered to be working for the purpose of accumulating additional personal leave. 20.2. Usage. Personal leave may be used as earned, subject to approval by the Department Head and City Manager of the time at which it may be taken. . In order to allow coordination of personal leave with family and medical leave, employees seeking to take personal leave may be required to provide enough information about the purpose of the time off to allow a determination of whether the time will also qualify.for family and medical leave. If the personal leave also qualifies for family and medical leave, the employee must take both leaves simultaneously. 20.3. Terminal Leave. Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment, will be compensated for personal leave accrued and unused to the date of separation, as per 20.7. 20.4. Waiver of Personal Leave Prohibited. No employee is permitted to waive personal leave for the purpose of receiving double compensation. 20.5. Procedure. To be eligible for personal leave with pay, an employee shall report as soon as possible to his or her Department Head the need to take personal leave and jts estimated duration. 20.6. Workers' Compensation. Employees are covered by the workers' compensation laws of the State. In the event an employee is disabled and is . entitled to workers' compensation, the employee will keep any workers' compensation payments received and eligible to receive a bi-weekly pay check equal to 1/3 pay through the use of personal leave benefits. In Page 12 ' addition, the employee will be entitled to earn 1/3 of the amount of the personal leave pay they would otherwise.be entitled to during an absence from their employment. Employees receiving such workers' compensation. will be considered working for the purpose of accumulating additional . personal leave benefits. 20.7. Unused Personal Leave Pay.-An unused personal leave pay policy is established subject to the following rules and regulations: (a) The employee must be in good standing and give proper notice of termination in the case of resignation. (b) Qualifying employees shall receive their accumulated personal leave up to a maximum as listed in the following schedule: Maximum Payment 0 - 3 years of service '/2 of personal leave accrued 3 + years 480.0 hours 4 + years 528.0 hours 5 + years 600.0 hours 20.8 Donation of Personal Leave to Employees with Serious Medical i Problems. Employees may voluntarily donate personal leave time in hour increments, which can be converted to use by employees facing serious medical problems or extended time-off due to serious medical problems and who have no accumulated personal leave time or compensatory time available. The use of this donated personal leave must be approved by the Department head and the City Manager and will be converted to the receiving employee's paid hourly rate. This subdivision does not include temporary or seasonal positions or unionized employees who have a sick pool that is already established. ARTICLE XXI INJURY ON DUTY 21 .1 . Definition: An injury, illness or other disabling condition which prevents the EMPLOYEE from performing regularly assigned job duties and which was suffered or directly caused as a result of or in the course of, regular, assigned, job duties. The determination of whether the injury, illness or other disabling condition prevents the EMPLOYEE from performing regularly assigned job duties shall be made by licensed physician(s). 21 .2 There shall be a ten day waiting period before the I.O.D. benefit commences ' during which the EMPLOYEE can use sick leave. . Page 13 21 .3 Starting the 11 th through the 40th work day, the EMPLOYER will pay I.O.D. pay equal to regular salary (base). 21 .4 Employees are covered by the worker's compensation laws of the state. In the event an employee is disabled and is entitled to worker's compensation, the employee will keep any worker's compensation payments received. In addition, the Employee will be entitled to receive 1/3 of the amount of the sick leave pay they would otherwise be entitled to during an absence from their employment. Employees receiving such worker'.s compensation will be considered working for the purpose of accumulating 1/3 of the additional sick leave benefits normally accrued by an Employee until the Employee's accrued sick leave is used up. ARTICLE XXII FUNERAL LEAVE 22.1 In the event of the death of an EMPLOYEE'S spouse, children, stepchildren, parents, brother or sister, or EMPLOYEE'S spouse's parents, the EMPLOYEE will be granted three (3) days of funeral leave with pay. In the event of the death of an EMPLOYEE'S grandparents, grandchild, or spouse's grandparent, grandchild, brother or sister, an EMPLOYEE will be granted one (1) day's funeral leave with pay. ARTICLE XXIII LEAVE OF ABSENCE 23.1 EMPLOYEES subpoenaed as witnesses, or called and selected for jury duty shall receive their regular compensation less jury pay. Mileage allowance not to be considered as jury pay. EMPLOYEES must report back to work if their jury duty or witness obligations allow them to.do so within the scope of the regular work day hours. 23.2 The EMPLOYER will pay an EMPLOYEE full wages for a two week military leave per year which is not to exceed 15 days and in addition to any pay they receive for military training. The employee shall give the EMPLOYER a two week notice prior to the military leave. ARTICLE XXIV HOLIDAYS 24.1 All permanent and probationary EMPLOYEES shall observe the following twelve (12) paid holidays each year: 1 ) New Years Day - January 1 2) Martin Luther King Day - the third Monday in January 3) Washington's and Lincoln's Birthday - the third Monday in February 4) Good Friday - the Friday preceding Easter Sunday Page 14 • 5) Memorial Day - the last Monday in May 6) Independence Day - July 4 7) Labor Day - the first Monday in September 8) Christopher Columbus Day - the second_Monday in October 9) Veteran's Day - November 11 10) Thanksgiving Day - the fourth Thursday in November 1 1 ) Friday following Thanksgiving Day 12) Christmas Day - December 25 When an above named holiday falls on a Sunday, it shall be observed on the following Monday. If such holiday falls on a Saturday, the preceding Friday is a holiday. An EMPLOYEE required to work on a holiday shall receive pay at one and one-half (1-1/2) times the base pay rate in addition to the regular holiday pay allotted. ARTICLE XXV RELIEF PERIODS 25.1 All EMPLOYEES will be allowed two (2) work relief periods a day not to exceed fifteen (15) minutes in the forenoon and fifteen (15) minutes in the afternoon. ARTICLE XXVI LONGEVITY 26.1 The EMPLOYER will pay, in addition to regular wages, an additional payment of $15.00 per man per month for employees with at least five (5) years of service and 530.00 per man per month for EMPLOYEES with at least ten (10) years of service with the department. Such payments are to be made starting the month after an EMPLOYEE becomes a five (5) or ten (10) year EMPLOYEE. 26.2 The longevity benefit will not be granted to any EMPLOYEE hired after March 1 , 1978. ARTICLE XXVII WAGES 27.1 Qualified EMPLOYEES will be paid the H.E.O. rate in whole hour increments for time worked on designated Heavy Equipment. However, EMPLOYEES must work at least 31 minutes in each and every given hour on said designated Heavy Equipment in order to be credited with a whole hour increment and thus the pay differential. . Page 15 27.1 a Qualified Employees will also be paid the H.E.O. rate in whole hour increments for time worked when spraying pesticides. 27.2 . Qualified employees will be paid an additional $1 .00 per hour rate in whole hour increments for time worked inspecting City vehicles. 27.3 EMPLOYEES will be paid every two weeks on the alternate Fridays. When a holiday falls on a Friday pay day, employees will receive their pay checks on the preceding Thursday. When two-day holidays fall on the Friday pay day and the Thursday preceding the Friday pay day, employees will receive their pay checks on the preceding Wednesday. ARTICLE XXVIII EDUCATION/TRAINING 28.1 The EMPLOYER will budget $3,000 in calendar years 2000 and 2001 for the cost of tuition and books for job-related schools. The school, course work and expenses shall be first approved by the Department Head. 28.2 Upon completion of the North Hennepin Community College Public Works Certification Program, an EMPLOYEE will receive HEO pay provided the EMPLOYEE is at a minimum of Step E pay. ARTICLE XXIX NON-DISCRIMINATION CLAUSE 29.1 The provisions of the Agreement shall be applied equally and without discrimination by the EMPLOYER and the UNION to all EMPLOYEES regardless of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. ARTICLE XXX WAIVER 30.1 Any and all prior Agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 30.2 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 terms or conditions of Page 16 • employment not removed by law from bargaining. . All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE XXXI DURATION 31 .1 This Agreement shall be effective as of January 1 , 2000 and shall remain in full force and effect until the 31 st day of December, 2001 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 1999. FOR THE INTERNATIONAL UNION OF FOR THE CITY OF ST. ANTHONY OPERATING ENGINEERS, LOCAL 49, AFL-CIO Its Business Manager Its Mayor Its President Its City Manager Its Area Business Representative Steward ' Page 1 APPENDIX A WAGES A. The following wage schedule will be in effect from the first payroll period in 2000 through the last payroll period in 2001 . Title 2000 2001 Maintenance Worker-Entry $13.27 $13.67 Maintenance Worker-Step A $14.18 $14.61 Maintenance Worker-Step B $15.06 $15.51 Maintenance Worker-Step C $15.95 $16.43 Maintenance Worker-Step D $16.84 $17.35 Maintenance Worker-Step E $17.73 $18.26 Water and Sewer $18.08 $18.62 Maintenance Worker III (HEO) $18.45 $19.00 B. All Employees classified as Maintenance Worker Entry - Step E will be eligible to receive Working Out of Classification Pay as provided by Section C of this . Appendix. . C. WORKING OUT OF CLASSIFICATION PAY C-1 Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid the MAINTENANCE III rate of pay for those hours assigned to the unit: 1 . Motor Patrol 2. Front-end Loader (Mich. 45B) over 1 .5 cu. yd. 3. Street Sweepers (Elgin, Pelican, Americana) 4. Pool Operator's license 5. Sewer jetter 6. Backhoe 7. High Ranger 8. Tree Inspector 9. Ariel crane 10. 33,000 GVW Plow Truck with Wing (only when plowing snow) 11 . Tar kettle/crack filling machine 12. Welding 13. Brush Chipper . 14. Sewer televising unit 15. Graco paint stripper/crosswalks 16. Playground inspection Page 2 • C-2 EMPLOYEES assigned by the EMPLOYER to Utility Operator will be paid the wage rate of the job classification to which the EMPLOYEE is assigned. C-3 All present EMPLOYEES with the Classification.of Maintenance Worker 11 will be grandfathered in as Maintenance Worker-Step E. Existing EMPLOYEES classified as Maintenance Worker I will be put into the step; system based on their length of service and their ability to perform the required duties of the assigned step and the lower steps. . Page 3 APPENDIX B CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER ENTRY LEVEL Note: During the year 2000, the City agrees to review the current Step System for Public Works employees. Minimum Requirements: High School diploma, GED or equivalent Valid Minnesota Class C Drivers License Valid Minnesota Class B and Commercial Drivers License (CDL) within six months of the date of hire - Ability to meet a minimum score of 70 percent on a mechanical . aptitude test Successful completion of City's physical examination including drug testing, if required Ability to read, understand and follow written oral instructions including safety rules Ability to meet the physical demands of the job including but not limited to lifting, bending, climbing, reaching overhead, pushing and pulling Ability to perform job responsibilities in climactic extremes Demonstration of ability to operate City-owned equipment - Ability to perform routine repair and maintenance tasks in the following areas: Streets/storm sewer Parks/forestry Water/sewer Building/equipment Page 4 ' CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER STEP A Minimum Requirements: - Meets or exceeds all the minimum requirements of Public Works Maintenance II - Entry Level - Minimum of one (1) year of experience in Maintenance II - Entry Level Ability to perform the,following tasks: Basic asphalt patching skills Basic concrete repair Vehicle/equipment routine maintenance Basic custodial skills ' Qualified to operate: Air compressors Jack hammer Cement mixer Lawn mowers Weed whips Park tractors with attachments . Page 5 CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER STEP B Minimum Requirements: - Meets or exceeds all the minimum requirements of Public Works Maintenance II - Step A Minimum of one (1) year experience at Step A - Initiative in seeking and performing work - Safe work practices/driving record - Minimum tardiness/positive sick leave attitude - Ability to perform: Advanced asphalt patching skills Snow plowing (1 ton truck and under) Traffic sign maintenance (replacement) Special event assistance Turf mowing practices Sidewalk snow plowing Water meter reading Familiarity with Step A equipment service Qualified to operate: One ton truck Brush chipper Asphalt roller (one ton) 72" rotary mower Bob cat Michigan front end loader Page 6 ' CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER STEP C Minimum Requirements: Meets or exceeds all the minimum requirements of Public Works Maintenance II - Step B Minimum of one (1 ) year experience at Step B Ability to perform work without supervision - Record keeping skills Ability to perform: Snow plowing/sanding ' Traffic striping Tree service skills (trimming/takedown/stumps) and clean up Landscape maintenance Parks shelter/equipment/ball field/irrigation system maintenance basics Storm sewer maintenance (CB cleaning, etc.) 'Qualified to operate: Dump truck - 27,500 G.V.W. with plow Paint striper Tar kettle Aerial bucket Backhoe . Page 7 CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER STEP D Minimum Requirements: Meets or exceeds all the minimum requirements of Public Works Maintenance II - Step C - Minimum of one (1) year experience at Step C - Ability to supervise part-time and seasonal employees - Advanced record keeping skills Sign shop experience . - Ability to perform: Park light maintenance basics Work site sign layout and traffic control Water/sanitary sewer maintenance basics Catch basin repair - Qualified to operate: 33,000 G.V.W. with plow and wing Grader Oiler/distributor Sweeper Page 8 ' CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER STEP E Minimum Requirements: - Meets or exceeds, all the minimum requirements of Public Works Maintenance II - Step D - Minimum of one (1) year experience at Step D - Ability to lead a three (3) person crew - Ability to perform all duties related to assigned division Qualified to operate all equipment required to perform assigned duties . Page 9 CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE III MECHANIC AND WATER/SEWER DIVISIONS Minimum Requirements: - Meets or exceeds all the minimum requirements of Public Works Maintenance II - Ability to supervise a work crew - Ability to assist in the training of division employees Ability to maintain all division records as required Divisions: . Mechanic Ability to repair and maintain all City equipment Water/Sewer Ability to operate and maintain all water and sewer facilities and equipment; including televising equipment, sewer rodder and backhoe; must have Minnesota Class B water and Class C sewer licenses Page 10 • MOVEMENT THROUGH THE SYSTEM: A. Public Works Director and Supervisor conduct evaluation with checklist to determine whether or not individual is qualified to move to the next appropriate step and then so inform employee. B. If employee disagrees with decision with justification,'the employee should- then contact the Assistant to the City Manager/Management Assistant. C. The Assistant to the City Manager/Management Assistant will examine both sides and make a recommendation t the City Manager who in turn will make a determination. D. The employee may also utilize the formal grievance procedure included in the Public Works Labor Agreement. * When placing new hires at a step within this plan, previous applicable experience ' will be'taken into consideration so that new employees are appropriately placed. • • CITY OF ST. ANTHONY RESOLUTION 99-077 A RESOLUTION RATIFYING THE 2000-2001 AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49, AFL-CIO, REPRESENTING THE ST. ANTHONY PUBLIC WORKS DEPARTMENT BE IT RESOLVED, that the 2000-2001 Agreement between the International Union of Operating Engineers, Local 49, representing the St. Anthony Public Works Department, and the City of St. Anthony is hereby ratified and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City. Adopted this day of' , 1999. • Mayor ATTEST: City Clerk Reviewed'for administration: City Manager • • 12/6/99 CONDITIONAL USE PERMIT AGREEMENT THIS AGREEMENT is dated as of , 19_, and is by and between the CITY OF ST. ANTHONY, a Minnesota municipal corporation (the "City"), and HITCHING POST REAL ESTATE, L.L.C., a Minnesota limited liability company (the "Developer"). 1. Request for Conditional Use Permit Approval. The Developer has asked the City to approve a Conditional Use Permit(referred to in this Agreement as the "CUP") for the Hitching Post, a retail and service facility to be developed on the land legally described on Exhibit A attached hereto (the "Property"). 2. Conditions of CUP Approval. The City approved-the CUP-on August 24, 1999, on condition that the Developer enter into this Agreement, furnish the security required by it, and record this Agreement with the County Recorder or Registrar of Titles prior to issuance of any building permit for the property. A copy of the CUP is attached hereto as Exhibit B. 3. Occupancy Permit. Developer shall not be issued an occupancy permit for the Property, and shall not occupy or do business in the Property, unless and until all the following conditions have been satisfied, 1) this Agreement has been fully executed by both parties and filed with the • City Clerk and in the appropriate Hennepin County real estate records, 2) the necessary security has been received by the City, and 3)the City Manager has issued a letter to Developer stating that all conditions have been satisfied and that the Developer may occupy the Property. 6. Changes in Official Controls. For five years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, site layout or dedications of the approved CUP unless required by state or federal-law or agreed to in writing by the City and the Developer. Thereafter, not withstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls or dedication requirements enacted after the date of this Agreement. 7. Development and Building Plans. The Property shall be developed in accordance with the CUP and with the following plans. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A - Site Plan Plan B - Building Facades Plan C - Building Floor Plan Plan D - Lighting Plan Plan E - Roof Top Equipment Plan Plan F - Kenzie Terrace Redevelopment Project Area Urban Design Guidelines 8. Improvements. The Developer shall install and pay for all improvements on the Property. The improvements shall be installed in accordance with the City Zoning Ordinance • and Building Code; City standard specifications for utilities and street construction; and any other ordinances or laws including erosion and drainage. The Developer shall submit plans and specifications, which have been prepared by a competent registered professional architect, to the City for approval by the City Engineer and City Building Inspector. The Developer shall obtain any other necessary permits. The Developer shall instruct its architect and engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's architect will be able to certify that the construction work meets the approved City standards and ordinances as a condition of City acceptance. The Developer shall provide on-site project management. The Developer's architect is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his architect shall schedule a pre-construction meeting at a mutually agreed time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within 30 days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans, an electronic file of the "as constructed" plans in a auto CAD.DWG file or a DXF file, all prepared in accordance with City Ordinances and standards. 9. Time of Performance. The Developer shall install all required site improvements, landscaping and lighting prior to September 1, 2000 as agreed to by Developer and the City as a part of the revised St. Anthony Shopping Center Design Plan and Landscaping Plan. The Developer may, however, request an extension of time from the City Manager. If an extension is • granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 10. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the site to perform all work and inspections deemed appropriate by the City in conjunction with site improvements. 11. Erosion Control. Prior to initiating site grading, the erosion control shall be , implemented by the Developer and inspected and approved by the City. 12. Clean Up. The Developer shall clean'dirt and debris from streets that has resulted from construction work by the Developer, contractor, subcontractors, its agents or assigns. Prior to any construction, the Developer shall identify-in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 13. Ownership of Improvements. Upon completion of the work and construction required by this Agreement, the improvements lying within public easements or public right-of-way shall become City property without further notice or action. 14. [Intentionally Deleted] -2- • 15. Claims. In the event that the City receives claims from contractors, subcontractors, laborers, material men, or others that work required by this Agreement has been performed, the sums due them have not been paid, and they are seeking payment from the City, the Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Security in an amount up to 150% of the claim(s) and deposit the funds in compliance with,the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the amount deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. 16. Construction Access. Construction traffic access and egress for construction is restricted to access the site via Trunk Highway 88. No construction traffic is permitted on any street other than Trunk Highway 88. 17. Landscaping. The Attached Site Plan(Plan A) shall be a concept landscape plan. The Developer shall provide the City with a Final Landscape Plan in a form acceptable to the City Manager which is in substantial conformance with Plan A. The Final Landscape Plan shall (1) show planting location, size and plant species type, and(2)provide over standing trees on the perimeter between this Property and the residential land area to the West. The Final Landscape Plan shall be completed within the time of performance referred to in Section 9 of this Agreement. 18. Special Provisions. The following special provisions shall apply to the Property in addition to those set forth in the CUP: A. The building colors as provided by the developer( Plan B ) shall be used on the building. B. The Developer will provide the City a perpetual easement to that portion of the Property for the "Village Greenway Area" as indicated on the attached Site Plan (Plan A). C. The improvements in the "Village Greenway Area" (Plan A) will be paid for in the manner provided for in a development agreement to be entered into among the City, Developer and the owner of the St. Anthony Shopping Center. D. The City agrees to provide an easement to the developer for parking on the public frontage road as indicated in Plan A, so long as access to the property South of the this Property is not obstructed. E. The Property shall not be used for the servicing of any automobiles or trucks, other than installing trailer hitches on such vehicles. -3- F. No jet skis, ATV's, motorcycles, or other engines shall be operated outside of the building on the Property, except for motorcycles entering and leaving the Property. All running ' of engines and testing of vehicles and equipment on the Property shall be conducted inside the building. Service doors on the building will be kept closed at all times such engines are operating in the building. J. All test driving of motorcycles shall be conducted on Highway 88 and not on the City streets in the vicinity of the Property. K. Developer shall be allowed to display up to eight vehicles outside of the Building. 19. Warranty. The Developer warrants all public improvements required to be constructed by it pursuant to this Agreement against poor material and faulty workmanship. The warranty period for public improvements is one year, except that the warranty period for underground public utilities is two years. The warranty period shall be two years on underground utilities and shall commence following the completion and acceptance by.City Council. The one year warranty period for public improvements shall commence after inspection by City staff and acceptance by the City Manager. The Developer shall post.maintenance bonds in the amount of 25% of final certified construction costs to secure the warranties. The City shall retain 10% of the Security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. 20. Responsibility for Costs ' A. Except as otherwise specified herein, the Developer shall pay all out-of-pocket costs incurred by Developer or by the City in conjunction with the development of the CUP, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the CUP, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the CUP. B. Developer shall hold the City and its Councilmembers, officers, employees, consultants and agents ("City Parties") harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from CUP approval and development unless directly caused by the malfeasance or negligence of the City Parties. The Developer shall also indemnify the City Parties for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees unless directly caused by the malfeasance or negligence of the City Parties. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including consultant and attorneys' fees. -4- I . D. The Developer shall pay in full all bills submitted to it by the City for obligations . incurred under this Agreement within 30 days after receipt. If the bills are not paid on time, the City may halt the construction until the bills are paid in full. Bills not paid within 30 days shall accrue interest at the rate of 12% per year. 21. Miscellaneous A. The Developer represents to the City that the CUP and building plans comply with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the CUP or building plans do not comply,the City may, at its option, refuse to allow construction or development work until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third Parties shall have no recourse against the City or its Councilmembers, officers, employees, consultants and agents under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of the building permits. C. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the . remaining portion of this Agreement. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. H. This Agreement shall run with the Property and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to ever other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right,power or remedy. • -5- K. The Developer may not assign this Agreement without the written approval of the City, and such approval shall not be unreasonably.withheld. The Developers obligation ' hereunder shall continue in full force and effect even if the Developer sells the Property, or any part of it. 25. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Hitching Post Real Estate, L.L.C., Attn: Mr. Jim Furseth, 14565 28`h Street North, Stillwater, MN 55082. Notices to the City shall be in writing and shall be either hand delivered to the City Manager or mailed to.the City by certified mail in care of-the City Manager at the following address: City Hall 3301 Silver Lake Rd. NE, St. Anthony, MN 55418- 1603. CITY ST. ANTHONY By:. Its Mayor By: Its City Manager DEVELOPER: HITCHING POST REAL ESTATE, L.L.0 By Its And Its -6- ' STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1999, by , Mayor, and by , City Manager, of the City of St. Anthony, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council Notary Public STATE OF MINNESOTA ) ) ss COUNTY,OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of December, 1999, by and ,the and , respectively, of Hitching Post Real Estate, L.L.C., a Minnesota limited liability company, on behalf of the company. Notary Public This Agreement was drafted by: Dorsey & Whitney LLP (WRS) 220 South 6`h Street Minneapolis, MN 55402 -7- EXHIBIT A ' Legal Description of Property Lots 1 and 2, Block 3; that part of Lots 1, 2, 3, 9 and 1.0, Block 4, and that part of the North- South alley in Block 4; described as follows: Beginning at a point on the Northeasterly line of said Lot 1, Block 4, said point being 88 feet Northwesterly of the Northeast comer of said Lot 1; thence Southwesterly at a right angle to said Northeasterly line 254 feet; thence Southeasterly at a right angle to said last described line to the East line of said Block 4; thence North along the East line of said Block 4,to the Northeast corner of said Lot 1; thence Northwesterly along the Northeasterly line of said Lot 1 a distance of 88 feet to the point of beginning. That part of vacated Sunset Avenue lying Southwesterly of the centerline of Sunset Avenue, as dedicated December 28, 1948; and lying between the extensions across it of the Southeasterly line of Block 3, and a line drawn perpendicular to the Northeasterly line of Block 4, and drawn from a point thereon distant 88 feet Northwesterly to the Northeast corner of said Block 4. That part of vacated Coolidge Street lying Westerly of the centerline thereof and lying between the extensions across it of the Northeasterly line of Block 4 and the following described line: Beginning at a point on the Northeasterly line of Lot 1', Block 4, said point being 88 feet Northwesterly of the Northeast corner of said Lot 1; thence Southwesterly at a right angle to said Northeasterly line 254 feet; thence Southeasterly at a right angle to said last described line to the East line of said Block 4; the point of beginning of the line to be described, thence Easterly at a right angle to the East line of Block 4 to the centerline of vacated Coolidge Street and there ' terminating. That part of vacated Coolidge Street lying Easterly of the centerline thereof and lying between the extensions across it of the Northeasterly line of Lot 1, Block 3, and the South line of Lot 2, Block 3, all in St. Anthony Village Commercial Center Addition No. 1, Hennepin County, Minnesota. Pursuant to streets and alley vacations in Book 789 of Misc., Page 176 and in Book 834 of Misc., Page 462. EXCEPT that part of premises platted as St. Anthony Lanel Addition. -8- ' . EXHIBIT B CONDITIONAL USE PERMIT Applicant: Jim Furseth, Hitching Post Address: 2550 Highway 8, St. Anthony, MN 55418; St. Anthony Shopping Center Telephone: 651-351-7719 Fax: 651-351-9363 PC File No.: 99-09 E-Mail: Conditions to Allow Use: 1. All vehicles, merchandise, and parts storage shall be located inside the building. Outside storage will not be allowed, except as noted in No. 11 below.. 2. An eight-foot high screen wall will be placed at the south side of the building at a location approved by the City to screen the bin from the adjacerit property. . 3. The mechanical equipment on top of the building shall be painted in a color to blend the equipment with the building. 4. The building shall conform to the Kenzie Terrace Redevelopment Project Area Design guidelines, including building facade, signs, lighting, screening, landscaping, plant material, pedestrian amenities (such as paving, benches, trash containers and bike racks). 5. A Development Agreement approved by the City Attorney shall be executed prior to the City issuing a Certificate of Occupancy. 6. Hours of operation for The Hitching Post shall be 8:00 a.m. to 10:00 p.m. for retail business hours, and 7:30 a.m. to 7:30 p.m. for service hours. 7. There shall not be any.test drives allowed on the property. 8. The perimeter between this land and the residential land to the west shall be landscaped with overstory trees, according to a plan approved by the City. 9. Part of the pedestrian greenway shall be provided in the back part of the property in conjunction with the other shopping area improvements to the proposed village green near Highway 88. . -9- 10. The parking lot shall be resurfaced. 11. There shall be no more than eight vehicles displayed outside the building. Comprehensive Sign Package. 1. The north side of the building must have no'more than 150 square feet of signage. 2. The east side of the building must have no more than 180 square feet of signage. 3. Any monument sign must comply with the City ordinances regarding landscaping of the sign. 4. There shall be no window signage of any kind. • -10- • CITY OF ST. ANTHONY RESOLUTION 99-078 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AGREEMENT WITH HITCHING POST REAL ESTATE L.L.C. BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves a Conditional Use Permit Agreement with Hitching Post Real Estate, L.L.C. and authorizes the Mayor and City Manager to execute said Agreement on behalf of the City of'St. Anthony. Adopted this day of , 1999. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager ORDINANCE 1999-007 AN ORDINANCE RELATING TO PERSONNEL; AMENDING SECTIONS 300.03, SUBD. 1 AND 300.07, SUBD. 4 AND SECTIONS 300.09 AND 300.19; AND REPEALING SECTION 300.10; OF THE 1993 ST. ANTHONY CODE OF ORDINANCES The City Council of the City of St. Anthony hereby ordains: Section 1. Section 300.03, Subd. 1, is amended to add (g) as follows: (g) Part-time liquor employees. Section 2. Section 300.07, Subd. 4 is amended to read as follows: 300.07 Compensation. Subd. 4. Pay Dam Employees will be paid every two weeks on the alternate Fridays. When a holiday falls on a Friday pay day, employees will receive their paychecks on the preceding Thursday. When two-day holidays fall on the Friday pay day and the Thursday preceding the Friday pay day, employees will receive their pay checks on the preceding Wednesday. Section 3. Section 300.09 is amended to read in full as follows: 300.09 Personal Leave With Pay. Subd. 1. Amount Allowed. Full time employees shall earn personal leave according to the following schedule: Hours Accrued Per year 0 - 5 years 176 hours 5+ - 14 years 216 hours 15+ 256 hours Existing vacation and sick leave balances shall be converted to personal leave. Employees using earned personal leave shall be considered to be working for the purpose of accumulating additional personal leave. Subd. 2. Usaize. Personal leave may be used as earned, subject to approval by the Department Head and City Manager of the time at which it may be taken. iIn order to allow coordination of personal leave with family and medical leave, employees seeking to take personal leave may be required to provide enough I information about the purpose of the time off to allow a determination of whether the time will also qualify for family and medical leave. If the personal leave also qualifies for family and medical leave, the employee must take both leaves simultaneously. Subd. 3. Terminal Leave. Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment, will be compensated for personal leave accrued and unused to the date of separation according to the schedule in Subd. 10 (b). Subd. 4. Waiver of Personal Leave Prohibited. No employee is permitted to waive personal leave for the purpose of receiving double compensation. Subd. 5. Procedure. To be eligible for personal leave with pay, an employee shall report as soon as possible to his or her Department Head the need to take personal leave and its estimated duration. Subd. 6. Workers' Compensation. Employees are covered by the workers' compensation laws of the State. In the event an employee is disabled and is entitled to workers' compensation, the employee will keep any workers' compensation payments received and eligible to receive a bi-weekly pay check equal to 1/3 pay through the use of personal leave benefits.. In addition, the employee will be entitled to earn 1/3 of the amount of the personal leave pay they would otherwise be entitled to during an absence from their employment. Employees receiving such workers' compensation will be considered working for the purpose of accumulating additional personal leave benefits. Subd. 7. Unused Personal Leave Pay. An unused personal leave pay policy is established subject to the following rules and regulations: (a) The employee must be in good standing and give prop_ er notice of termination in the case of resignation. (b) Qualifying employees shall receive their accumulated personal leave up to a maximum as listed in the following schedule: Maximum Payment 0 - 3 years of service 1/2 of personal leave accrued 3 + years 480.0 hours 4 + years 528.0 hours 5 + years 600.0 hours Subd. 8 Donation of Personal Leave to Employees with Serious Medical Problems. Employees may voluntarily donate personal leave time in hour increments, which can be converted to use by employees facing serious medical problems or extended time off due to serious medical problems and who have no accumulated personal leave time or compensatory time available. The use of this donated personal leave must be approved by the Department head and the City Manager and will be converted to the receiving employee's paid hourly rate. This subdivision does not include temporary or seasonal positions or unionized employees who have a sick pool that is already established. Section 4. Section 300.10 is hereby deleted in its entirety. Section 5. Subdivisions 1, 2 and 5 of Section 300.19 are amended to read as follows: 300.19 Discipline. Subd. 1. In General: City employees shall be subject to disciplinary action for failing to fulfill their duties and responsibilities, including observance of work rules adopted by the City Council. it is the policy of the City to administer disciplinary penalties without discrimination. Every disciplinary action shall be for just cause and a permanent full time employee may use the grievance procedure with respect to any disciplinary action which he or she believes is either unjust or disproportionate to the offense committed. Subd. 2. Disciplinary Actions Steps: Except for severe infractions, disciplinary action against any permanent full time employee shall be progressive and follow the steps listed below in numerical order: Subd. 5. Hearing: In any case of suspension, dismissal, or demotion, a permanent full time employee shall be granted a hearing before the City Manager if the employee submits a written request for such a hearing to the City Manager within five working days of notification of the action taken. The hearing shall be held within ten working days from the date the request is filed unless the City and the employee agree on an earlier,or later date. If the disciplinary action involves the removal of a veteran, the hearing shall be held in accordance with Minnesota Statutes. Section 5. Effective Date. This ordinance shall be in effect as of the date of its publication. First Reading: November 9, 1999 Second Reading: November 30, 1999 Adopted: December 16, 1999 Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA December 16, 1999 I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF DECEMBER 16, 1999 H.R.A. AGENDA. IV. APPROVAL OF NOVEMBER 30, 1999 H.R.A. MINUTES. V. CLAIMS. A. Legal Services: 1 . Dorsey & Whitney - a. $925.00. b. $865.00. C. $140.00. VI. H.R.A. RESOLUTION 99-004, RE: DEVELOPERS AGREEMENT WITH REPUBLIC INVESTMENT COMPANY. VII. H.R.A. RESOLUTION 99-005, RE: DEVELOPERS AGREEMENT WITH HITCHING POST REAL ESTATE. VIII. OTHER BUSINESS. IX. ADJOURNMENT. 1 2 CITY OF ST. ANTHONY 3 HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES 4 NOVEMBER 30, 1999 5 I. CALL TO ORDER. 6 The meeting was called to order at 8:24 p.m. 7 H. ROLL CALL. 8 Commissioners present: Ranallo, Cavanaugh, Marks, Faust, and Thuesen 9 Commissioners absent: None 10 Also present: Executive Director Michael Mornson; City Attorney William R. 11 Soth 12 III. APPROVAL OF NOVEMBER 30, 1999 H.R.A. AGENDA. 13 Motion by Marks, second by Cavanaugh, to approve the November 30', 1999 H.R.A. Meeting 14 Agenda with the following change: 15 VII. CONSIDER LETTER OF UNDERSTANDING WITH THE HITCHING POST (2550 16 Highway 88), and CONSIDER REVISED DRAFT OF LETTER OF UNDERSTANDING 7 WITH REPUBLIC INVESTMENT COMPANY. 18 Motion carried unanimously. 19 IV. APPROVAL OF NOVEMBER 9, 1999 H.R.A. MINUTES. 20 Motion by Faust, second by Marks, to approve the November 9, 1999 H.R.A. Minutes as pre- 21 sented. 22 Motion carried unanimously. 23 V. CLAIMS. 24 Motion by Marks, second by Faust, to approve Claims A-B below: 25 A. St. Anthony Shopping Center: 26 1. RLK Kuusisto, Ltd. in the amount of$180.00 for professional planning services 27 for October 1999 regarding St. Anthony Shopping Center. 28 2. Midwest Planning and Design in the amount of$1,177.29 for professional 29 services rendered pursuant to invoice dated November 3, 1999 regarding Letter of 30 Understanding. 31 B. Financial Capacity Plan: 32 1. Sprin sg ted in the amount of$16,192.81 for financial advisory services rendered �3 from June 14, 1999 through September 15, 1999. 34 Motion carried unanimously. Housing and Redevelopment Authority Meeting Minutes November 30, 1999 Page 2 1 VI. CONSIDER LETTER OF UNDERSTANDING WITH THE HITCHING POST (2550 2 HIGHWAY 88), AND REVISED DRAFT OF LETTER OF UNDERSTANDING WITH 3 REPUBLIC INVESTMENT COMPANY. 4 Executive Director Michael Morrison directed the H.R.A.'s attention to a letter dated November 5 29, 1999 from James A. Furseth regarding The Hitching Post. He reminded the H.R.A. that 6 negotiations have been ongoing with The Hitching Post regarding the City's purchase of land 7 easements. Recently, a price of$110,000 was agreed upon. Pursuant to Mr. Furseth's letter of 8 November 29, 1999, The Hitching Post has requested that the H.R.A. consider its original 9 request of$125,000 due, in part, to the increased cost of renovating the project to the desired 10 standards set by the City. 11 Morrison reviewed for the H.R.A. that the original concept of the Shopping Center Plan was that 12 the City would forward approximately $700,000 to the Shopping Center Owners in return for 13 public easements, which the gazebo and landscaping improvements would be implemented on 14 that property. In return for the $700,000, the Shopping Center Owners were going to pay for 15 those improvements. Until December 31, 1999, Morrison stated that the City has the option of 16 utilizing funds from the Kenzie District TIF account to implement this project. 17 Morrison stated that City Attorney William R. Soth had reviewed the above plan and advised the 18 City last week that funds could not be taken from the TIF account for improvements that would ' 19 be made next year in order to keep in compliance with the intent of the law. However, the City 20 can provide funds from the.TIF account for the property at a fair value, and then an agreement 21 could be reached with the Shopping Center owners regarding the utilization of those funds for 22 the public improvements. 23 Morrison stated that Staff's recommendation for the City is to proceed with The Hitching Post for 24 the purchase of 24,000 square feet for either the $110,000 or $125,000 figure, and approximately 25 8,500 square feet of Shopping Center property. The Shopping Center property appears to be val- . 26 ued at a higher price because of its location close to Highway 88. Morrison stated at that time, 27 Staff would return to the new Council with a plan for improvement based on the agreements 28 reached. 29 City Attorney Soth stated that the law is clear that the funds from the Kenzie District would be 30 required to be spent before the end of the 1999 year. The possibility of placing the funds into es- 31 crow and then disbursing the funds for improvements later was researched,but it was determined 32 that was not a viable option. Mr. Soth reiterated that the funds actually must be spent in 1999 33 and, therefore, the City's option is to simply purchase the land (easements) from both of the 34 Shopping Center and The Hitching Post at this time. 35 Mr. Soth cautioned that the price for the land must be fair and not exceed the land's actual value. 36 He further stated that the plan should be to allocate as much of the funds from the Kenzie District 37 TIF account this year, and then allocate the rest from the Chandler District in the future. Housing and Redevelopment Authority Meeting Minutes November 30, 1999 . Page 3 1 Mayor Ranallo stated that Richard Krier, Midwest Planning & Design, LLC, was in attendance 2 and Mr. Krier was invited to address the H.R.A.. 3 Mr. Krier stated that the goal is to achieve the village green area in the Shopping Center with the 4 least risk to the City. He stated that a new Letter of Understanding has been proposed with the 5 Shopping Center owners (Republic Investment), wherein the City would buy a redevelopment 6 easement that would be paid for in 1999. Republic Investment would in turn secure their agree- 7 ment to provide 90% of the easement improvement costs with a Letter of Credit to the City for 8 that 90%. In short, Republic Investment would take 90% of the funds from the purchase of the 9 easement and develop the village green project. 10 In this respect, Mr. Krier directed the H.R.A.'s attention to a revised draft of a Letter of 11 Understanding dated November 30, 1999 between St.Anthony Housing and Redevelopment 12 Authority and Republic Investment Company regarding the St. Anthony Shopping Center. 13 Mr. Krier continued by stating that if this plan was adopted by the end of 1999, the easement and 14 Letter of Credit would be in place, and in early 2000, the detailed design of the project would be 15 implemented. This,detail would include soils reports, utilities, and a thorough inspection, which would take out more of the risk of the project from the City's standpoint. Construction could be- * gin in spring or early summer. 18 Ranallo expressed his approval with Item No. 14 on the revised draft, which included that 19 Republic Investment Company would return 90% of the easement purchase price should the City 20 decide not to proceed with the village green project as planned. 21 Faust stated that the City has had excellent TIF projects in the past, and he cautioned the H.R.A. 22 about keeping within the spirit and intent of the law regarding the utilization of TIF funds. 23 Faust was concerned about Item No. 3 on the revised draft wherein it stated the cost of the ease- 24 ment would be valued at $12.00 per square foot. He felt the price was excessive and questioned 25 if the City was meeting the intent of the law with regard to the price paid for the easement. 26 Mr. Soth stated that the City would be acquiring the full right to use and occupy the easement 27 area and the fact that the Shopping Center owners would retain the title ownership is not a 28 significant issue. The value of the easement, he stated, must be close to the value of the title of 29 the property. Although he refrained from commenting on the $12.00 figure per square foot for 3.0 the easement, Mr. Soth felt the land could retain more value because of its frontage to County 31 Road 88. #3 Mr. Krier stated that he believed $12.00 per square foot to be a reasonable dollar figure and would be keeping within the spirit of the law. Housing and Redevelopment Authority Meeting Minutes November 30, 1999 Page 4 • 1 Cavanaugh asked if there was proof that the $12.00 per square foot was a reasonable figure. In 2 other words, could a paper trail be provided for the H.R.A. to review. Mr. Krier stated that the 3 property could be appraised, but that process would take approximately six weeks. 4 Mr. Krier clarified Item No. 3 on the revised draft by stating that the purchase of 8,500 square 5 feet from the Shopping Center owners (Republic Investment) x $12.00 per square foot is the 6 dollar figure for the purchase of the easement. From that figure, 90% would be utilized by 7 Republic Investment for redevelopment of the village green area. 8 Cavanaugh inquired about the cost of maintenance of the village green area. Mr. Krier clarified 9 that the City would be responsible for maintaining the area. 10 Mr. Soth questioned Item No. 6 on the revised draft, which stated that the City would attempt to 11 obtain an easement from the adjacent apartments and The Hitching Post to extend the village 12 green to Kenzie Terrace. Mr. Soth wished to clarify for the H.R.A. that it is unlikely that 13 Housing and Urban Development(HUD) would approve the sale. 14 Cavanaugh clarified that if the City decided not to proceed with this project, then the TIF funds 15 from the Kenzie District would be used to pay down bonds, and the project would have to con- ' 16 tinue with utilizing the TIF funds from Chandler. 17 Faust reiterated his concern about the bottom line number regarding the total purchase price of 18 the Shopping Center easement.. 19 Mr. Krier stated that the bottom line is that the City is attempting to utilize an opportunity to ac- 20 quire the land, and if it is determined that the project is not viable, then the City would receive 21 back 90% of the investment. 22 Faust stated that he would appreciate receiving a bottom line figure that the easement would cost. 23 Mr. Krier stated that the cost would be approximately$135,000, because there would be addi- 24 tional costs of putting together the project. 25 The second cost, Mr. Krier stated, would be the improvements on the land, which have been es- 26 timated at approximately $1,200,000. Mr. Krier felt that the figure of$1.2 million was excessive 27 and that the project could be completed satisfactorily for approximately $700,000 to $800,000. 28 Morrison offered insight by stating that the City has the option to keep the momentum going on 29 the project, and use some of the TIF funds from the Kenzie District, and then in January or 30 February use some of the funds in the Chandler TIF account for improvements. Or,the other op- 31 tion, Momson stated, is to slow the project down, lose the opportunity to utilize funds from the • 32 Kenzie TIF account, and return to the project in the Year 2000 and arrange financing. ' 1 Housing and Redevelopment Authority Meeting Minutes November 30, 1999 . Page 5 1 Thuesen questioned if the City would be bound to the figure of$12.00 per square foot if it agreed 2 to the revised draft. 3 Mr. Krier explained that of the $12.00 per square foot, 90%of that amount would be invested 4 into improvements for the village green, or returned to the City if the.project was abandoned. 5 Marks expressed his belief that it was important to keep the energy going strong on this project. 6 He stated he understands that there have been obstacles that make the project awkward and those 7 obstacles tend to push the H.R.A. to make a decision in an uncomfortable fashion. However, 8 Marks felt that the H.R.A. should proceed with the momentum on the project. 9 Thuesen agreed with Marks and confirmed that the H.R.A. is on a fast track with this project. 10 Nonetheless, the project has slowed down because the City would only be using a portion of the 11 Kenzie TIF funds, and then in the Year 2000 would be reviewing the larger costs. By approving 12 the revised Letter of Understanding, Thuesen said, the City is staying on track with the project. 13 The important fact, he stated, is Item No. 14 on the Letter of Understanding which would allow 14 the City to abandon the project. Thuesen felt that the H.R.A.. should remain cautious with 15 reference to the project, but should continue to proceed. 016 Cavanaugh stated he felt it would be irresponsible of the H.R.A. to approve a project that is not 17 specifically set forth on paper. 18 Faust agreed and stated he is personally not satisfied with the amount of detail that has been pro 19 vided that would allow the H.R.A. to approve certain aspects of the project. Faust wished to 20 state that he fully supported the concept of the project; however,.he would like for City Attorney 21 Soth to review the agreement and have more detail provided as well. He stated that the issue at 22 hand is the H.R.A. needs to provide due diligence to the citizens of the City. 23 Marks asked Mr. Krier about the possibility of returning to the H.R.A. at the December 16, 1999 24 meeting with all documentation,particularly a financial plan, so that all concerns would be satis- 25 feed. 26 Ranallo confirmed that the City needed to give the City Staff, City Attorneys, and developers a 27 clear sense of what the City is expecting. Ranallo reminded the H.R.A. that at the previous 28 meeting, he had asked if the City Attorney had reviewed the proposals. 29 City Attorney Soth made a recommendation that instead of executing the Letter of Understand- 30 ing, that the City direct Staff to proceed with the preparation of a Developers Agreement 31 incorporating the terms suggested. In essence, the City would not be agreeing to any terms at 492 this point, and would be able to review a Developers Agreement at the next meeting on 3 December 16, 1999. Housing and Redevelopment Authority Meeting Minutes November 30, 1999 Page 6 ' 1 Ranallo stated that Mr. Krier should put together all of the figures and documentation. Morrison 2 suggested an open dialogue with the Shopping Center owners about the City's concern. 3 Thuesen said some Commissioners are more comfortable with project than others, but that it 4 would be a reasonable idea to take a few steps back. Thuesen stressed the importance, however, 5 of all the Commissioners getting on the same page and have a strong understanding of the project 6 and the position in which it places the City. He stated that the H.R.A. would do the best job pos- 7 sible in working with the process and ensuring that the project could work satisfactorily for all 8 parties. 9 Ranallo suggested the possibility of having a worksession on Tuesday, December 7, 1999 to re- 10 view figures and discuss options and possibilities. Accordingly, on December 16, 1999 at the 11 H.R.A. meeting, the project could be finalized if terms and conditions are acceptable to all 12 parties. 13 Faust stated he would be comfortable with the Letter of Understanding if a bottom line figure had 14 been stated. 15 Ranallo confirmed that December 7, 1999 at 7:00 p.m. would be an extra worksession to ' 16 consider and review possibilities for the Shopping Center project. 17 Mr. Krier stated that he would be able to provide documentation to Executive Director Michael 18 Mornson on Monday, December 6, 1999. 19 Marks asked if The Hitching Post Letter of Understanding should be addressed further at this 20 meeting. 21 Mr. Krier stated that a possibility for the H.R.A. would be to review both Letters of Understand- 22 ing at the worksession on December 7, and then finalize the documents at the meeting on 23 December 16, 1999. City Attorney Soth stated that he would be available to attend the workses- 24 Sion on December 7, 1999. 25 Marks confirmed that the H.R.A. could not be reviewing or considering the Letter of Under- 26 standing with The Hitching Post any further at this meeting. 27 Mr. Krier directed the Commissioners' attention to a proposed outline of a Developers Agree- 28 ment and continued by reviewing each Article and Section included in the proposal. 29 Faust asked if the Developers Agreement would be solely for the purchase of the land. He clari- 30 fied that at the last H.R.A. meeting, he had spoken about preserving the community's interest by ' 31 incorporating into the documents an assessment agreement. He strongly suggested that such an 32 agreement be considered and developed. Housing and Redevelopment Authority Meeting Minutes November 30, 1999 Page 7 1 Morrison confirmed with Mr. Krier that the City is only committing to bid improvements and to 2 go through the process. Mr. Krier responded affirmatively, but reminded the Commissioners that 3 the H.R.A. still has an option to abandon the project. The key to the change in the project is Item 4 No. 14 of the revised Letter of Understanding. 5 Ranallo thanked Mr. Krier and City Attorney Soth for their attendance and input to the meeting. 6 VII. OTHER BUSINESS. 7 None. 8 VIII. ADJOURNMENT. 9 Motion by Marks, second by Thuesen, to adjourn the meeting at 9:25 p.m. 10 Motion carried unanimously. 11 Respectfully submitted, 012 Sue Selseth 13 TimeSaver Off Site Secretarial, Inc. DORSEY & WHITNEY LLP P.O.BOX 1680 MINNEAPOLIS,MINNESOTA 55480-1680 (612)340-2600 (Tax Identification No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota November 29, 1999 Attn: Mr. Michael J. Mornson Invoice No. 739131 3301 Silver Lake Road St . Anthony MN 55418 For Legal Services Rendered Through 10/31/99 Client-Matter No: 178820-00128 HRA Acquisition of Residential Property for Redevelopment Telephone conference with M. Mornson regarding purchase. and lease; telephone conference with . M. Mornson regarding 1999 closing with leaseback to seller; draft Wojcik purchase agreement and lease; order update of abstract and title commitment; finalize lease and purchase agreement; letter to M. Mornson sending out purchase agreement and lease. Total for Legal Fees $925 . 00 Total This Invoice $925 . 00 Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT DORSEY & WHITNEY LLP . P.O.BOX 1680 NIINNEAPOLIS,iVIINNESOTA 55480-1680 (612)340-2600 (Tax Identification No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota November 29, 1999 Attn: Mr. Michael J. Mornson Invoice No. 739164 3301 Silver Lake Road St.. Anthony MN 55418 For Legal Services Rendered Through 10/31/99 Client-Matter No: 178820-00149 The Hitching Post Telephone conferences with M. Mornson and K. .Sykes; revise development agreement; telephone conferences regarding K. Sykes regarding . development agreement; comments from owner; revise development agreement; telephone conferences regarding tax increment financing and development agreement; revise development agreement; finalize development agreement; letter to K. Sykes regarding development agreement . Total for Legal Fees $865 . 00 Total This Invoice $865 . 00 Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT DORSEY & WHITNEY LLP . P.O.BOX 1680 MINNEAPOLIS,MINNESOTA 55480-1680 (612)340-2600 (Tax Identification No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota November 29, 1999 Attn: Mr. Michael J. Mornson Invoice No. 739160 3301 Silver Lake Road St . Anthony MN 55418 For Legal Services Rendered Through 10/31/99 Client-Matter No: 178820-00150 St. Anthony Shopping Center Telephone conferences with M. Mornson and R. Krier regarding development agreement for easements and landscaping with owners of shopping center and Hitching Post . Total for Legal Fees $140 . 00 Total This Invoice $140 . 00 Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT n CITY OF ST. ANTHONY H.R.A. RESOLUTION 99-004 A RESOLUTION APPROVING THE REDEVELOPMENT CONTRACT WITH REPUBLIC INVESTMENT COMPANY WHEREAS, the St. Anthony Housing and-Redevelopment Authority (HRA) desires to redevelop an area within the City of St. Anthony known as the Kenzie Terrace Redevelopment area. WHEREAS, a Redevelopment Plan for said redevelopment area was developed and approved. WHEREAS, to achieve the objectives of the Redevelopment Plan, the HRA desires to acquire from Republic Investment Company certain real property located in the Project • Area. NOW, THEREFORE, BE IT RESOLVED, that the St..Anthony Housing and Redevelopment Authority hereby approves the Redevelopment Contract with Republic Investment Company and authorizes the Chairman and Executive Director to execute said Contract on behalf of the St. Anthony H.R.A. Adopted this day of , 1999. Chair Executive Director • CITY OF ST. ANTHONY H.R.A. RESOLUTION 99-005 A RESOLUTION APPROVING THE REDEVELOPMENT CONTRACT WITH HITCHING POST REAL-ESTATE, L.L.C. WHEREAS, the St. Anthony Housing and Redevelopment Authority (HRA) desires to redevelop an area within the City of St. Anthony known as the Kenzie Terrace Redevelopment area. WHEREAS, a Redevelopment Plan was developed and approved by the H.R.A. and the St. Anthony City Council. WHEREAS, to achieve the objectives of the Redevelopment Plan, the HRA desires to acquire from Hitching Post Real Estate, L.L.C., certain real property located in the Project Area. NOW, THEREFORE, BE IT RESOLVED, that the St. Anthony Housing and Redevelopment Authority hereby approves the Redevelopment Contract with Hitching Post Real Estate, L.L.C., and authorizes the Chairman and Executive Director to execute said Contract on behalf of the St. Anthony H.R.A. Adopted this day of , 1999. Chair Executive Director •