HomeMy WebLinkAboutCC PACKET 04121994 Meeting Sheet
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BOX: 30
Folder: CC PACKETS 1990-1994
Document: CC PACKET 04121994
CITY OF ST. ANTHONY
BOARD OF REVIEW
APRIL 12, 1994
6:30 P.M.
CITY COUNCIL AGENDA
APRIL 12, 1994
7:00 P.M.
City Council Chambers
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
III. APPROVAL OF APRIL 12, 1994 COUNCIL AGENDA.
• IV. APPROVAL OF MARCH 22, 1994 COUNCIL MINUTES.
V. LICENSES/PERMITS/PETITIONS.
A request from VillageFest for approval to conduct charitable gambling on
Saturday, August 6, 1994 is included.
VI. PRESENTATION OF CLAIMS.
A. Government Training Service - $1 ,912.10.
B. Hance & LeVahn, Ltd. - $2,400.00
C. Verified.
VII. REPORTS.
A. Mayor.
1 . Proclamation for Arbor Day/Arbor Month.
B. Council.
C. Interim City Manager.
• 1 . Insurance for Open Meeting Law. Representatives from
American Risk Insurance will be present.
• Council Agenda
April 12, 1994
Page 2
2. Fire Department 1993 Annual Report. Chief Johnson will be
present.
3. Recycling Center.
4. Peddlers.
VIII. PUBLIC HEARINGS - None.
IX. NEW BU-SINESS.
A. 1994 Street Improvements Project - Change Order #1 .
B. Resolution 94-028, re: Safety Program and By-Laws.
C. Resolution 94-027, re: Deferment of Special Assessments for 1994
Street Improvement Projects.
D. Resolution 94-026, re: 1994-1995 Fire Fighters Union Agreement.
X. UNFINISHED BUSINESS - None.
XI. ADJOURNMENT.
•
I CITY OF ST. ANTHONY
02 REGULAR COUNCIL MEETING MINUTES
3 MARCH 22, 1994
4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order at 7:00 P.M. and the Pledge of Allegiance was.led by Mayor
6 Ranallo.
7 II. ROLL CALL.
8 Council Present: Mayor Ranallo, Councilmembers Fleming, Wagner, and Marks.
9 Staff Present: Larry Hamer, Interim City Manager
10 Councilmember Enrooth arrived at 7:05 P.M..
11 III. APPROVAL OF MARCH 22, 1994 COUNCIL MEETING AGENDA.
Motion by Marks, seconded by Wagner to approve the agenda for the March 22, 1994 Regular
*3 Council meeting with the following addition:
14 Add: Closed Session before adjournment of the regular Council meeting.
15 Motion carried unanimously,
16 IV. APPROVAL OF FEBRUARY 22, 1994 COUNCIL MEETING MINUTES.
17 Motion by Fleming, seconded by Marks to approve the February 22, 1994 Council meeting
18 minutes with the following changes:
19 Page 3, line 6: Insert the word "interview before the word "process".
20 Page 6, line 17: Correct the spelling of "DeWall".
21 Page 7, line 30: Add "with the exception of Mr. DeWall." to the end of the sentence.
22 Motion carried unanimously.
23 V. LICENSES/PERMITS/PETITIONS.
24 There were no licenses, permits, or petitions.
•
1 Regular City Council Meeting
2 March 22, 1994 •
3 Page 2
4 VI. PRESENTATION OF CLAIMS.
5 Motion by Marks, seconded by Fleming to approve the following claims:
6 A. Dickson Electric
7 Payment in the amount of$4,800.00 to Dickson Electric for reverse service connections on the
8 Foss and Harding lift stations.
9 B. North Suburban Cable Commission
10 Payment in the amount of$9,475.53 to North Suburban Cable Commission for the City's 1994
11 contribution to the Cable Commission.
12 C. Brimeyer Group. Inc.
13 Payment in the amount of$3,666.00 to the Brimeyer Group, Inc. for the City Manager search.
14 D. Hance & UVahn
15 Payment in the amount of$2,400.00 for legal services rendered during the month of March,
16 1994, relative to St. Anthony prosecutions.
17 E. Dorsey & Whitney •
18 Payment in the amount of$826.20 for legal services rendered on various City matters through
19 February 28, 1994.
20 F. Verified Claims
21 Four and one half pages of verified claims as prepared by the Finance Director.
22 Motion carried unanimously.
23 VII. REPORTS.
24 A. Pam Wunderlich, representing the Brimeyer Group, Inc., was present to review the
25 draft of the City Manager Position Profile which had been prepared by.that agency.
26 The Council desires the following changes to the profile document:
27
28 , * Page 1, The Community
29 Apache Plaza employs approximately 200 people
30 * Page 1, History
31 The Village was eventually incorporated in 1946
•
I Regular City Council Meeting
March 22, 1994
Page 3
4 * Page 2, City Services
5 The Fire Department is staffed by 7 full time and 30 paid part time trained
6 personnel
7 * Page 2, The Position
8 The Mayor serves a 4 year term
9 * Page 2, The Position
10 The correct title is Liquor Operations Manager
11 * Page 2, The Position
12 The correct title is Management Assistant
13 * Page 3, Background and Experience
14 Experience as a City Manager or City Administrator or as an Assistant Manager
15 * Page 4, Background and Experience
16 Have knowledge of computer operations
17 * Page 5, Community Priorities
18 Strike "on the school referendum issue"
19 * Page 5, Community Priorities
20 Strike "conclude union negotiations for the Fire and Maintenance Departments"
21 * Page 5, Community Priorities
Reimplement a five year........
* Page 5, Timetable
24 The meeting to reduce the candidates from 10 - 12 to 5 - 6, review the interview
25 schedule and discuss compensation, will be held on either April 19, 1994 at
26 8:00 P.M. (following close of polls for the school referendum) or on April 25,
27 1994 at 7:00 P.M., depending upon the mutual availability of Mr. Brimeyer and
28 the City Councilmembers.
29 B. Darrin and JoAnn Mercil had previously sought and were granted a front and rear yard
30 variance to building a house at 3112 Silver Lake Road. The property survey was done
.31 after the variance was approved and the Mercil's discovered the back of their proposed
32 home would be very close to the neighbor-'s house to the south. Also present was the
33 builder, Larry Beach. Mr. Beach and Mr. Mercil indicated that if the home were
34 constructed according to the first variance, the house would be set too far back and
35 they requested permission to proceed with the construction of the home, lining it up
36 with the existing homes and protruding the garage out an additional 8 feet. They are
37 speaking to the Council tonight because the Planning Commission does not meet until
38 April and waiting a month would put the entire project in peril.
39 Mayor Ranallo informed Mr. Mercil and Mr. Beach that they will need to go through
40 the variance process again. , When contacted, the City Attorney agreed that the law is
1 clear on this matter. Mr. Mercil said he had contacted the property's immediate
neighbors who all indicated their approval of the newest plans. Mr. Mercil was told by
1 Regular Council Meeting •
2 March 22, 1994
3 Page 4
4 Ranallo that thereshould not be a problem getting a recommendation of approval from
5 the Planning Commission.
6 The Council directed the Interim City Manager to contact the City Attorney about the
7 Mercil's request to purchase six feet of right-of-way the length of their property on the
8 south side of Townview. It was also noted that there will have to be a road survey and
9 that the fee for the second variance will be waived.
10 C. Kim Bloom, a City resident with school-age children and Superintendent Warren
11 Rolek were present to discuss the upcoming school referendum. The election is
12 scheduled for April 19, 1994. Ms. Bloom said that the most asked question about the
13 referendum concerned open enrollment and the second concerned how the additional
14 taxes would affect residents. The Vote Yes Committee, of which Ms. Bloom is a
15 member, have held two presentations, manned a phone bank, and will hold a third
16 presentation on April 4th. She urged Councilmembers to attend the upcoming April
17 4th presentation which is scheduled for 7:00 to 8:30 P.M. in the media center. Briefly,
18 the bond referendum will provide additional space for Wilshire Park Elementary
19 School; roof repairs, carpets, ceiling tiles, doors; updating and expanding instructional •
20 technology; remodeling Wilshire Park classrooms, and an increase in building security.
21 Councilmember Fleming inquired how residents are responding to the open enrollment
22 issue. Ms. Bloom said most residents do not have a clear idea on what open
23 enrollment is and were not aware that the school district receives State funding for
24 implementing open enrollment. Fleming wondered if this referendum would be needed
25 if the school district did not have open enrollment.
26 Superintendent Rolek said his role was to do the research end for the referendum. He
27 indicated that when he presented his research results to the School Board, they
28 unanimously elected to go to a referendum. He distributed'a chart showing the school
29 district's 1993-94 enrollment: total students, number of classrooms, ratio of students to
30 classrooms, non-resident students, etc.. Several other fliers about the referendum were
31 distributed to the Councilmembers.
32 Rosemary Franzese, a resident and member of the Planning Commission, asked about
33 the status of the contract for space in the Community Center for Community Services.
34 She was told by Superintendent Rolek that the school has developed a lease and the
35 lease will be presented to the City Council for their review. Franzese asked about
36 tuition for reciprocal students and how many resident students leave the district. Rolek
37 said he is aware of about 40 resident students who attend schools in other districts. •
1 Regular Council Meeting
March 22, 1994
3 Page 5
4 Rolek indicated the most important thing now is getting information out to the people
5 so they can make informed decisions regarding the referendum.
6 D. Mayor Ranallo said the Mako, Inc. group have inquired about the availability of tax
7 increment money in order to purchase and develop (with townhomes) property in the
8 City. Ranallo told them that there is a 10 or 12 year payback for TIF money. The
9 Mayor would like to schedule a meeting of interested parties to discuss the financial
10 aspects of such a development.
11 E. Councilmember Wagner has put together some figures relative to the Community
12 Center/City Hall issue and indicated he would like to arrange a meeting with the
13 Interim City Manager, the Alliance (architect) and himself to discuss his findings.
14 Councilmember Fleming plans to attend a League of Minnesota Cities meeting this
15 week. She perceives a topic to be discussed will concern health care facilities as they
16 relate to persons suffering from Alzheimer-like illnesses. The League may appeal to
17 the legislature in this regard.
A task force was formed of persons interested in keeping the St. Anthony Library open
qP9 and its expansion. They have met twice and at the last meeting ex-St. Anthony
20 Councilmember Judy Makowske was appointed to chair the task force. A resolution is
21 being prepared defining the goals of Task Force.
22 The HEART committee is planning a celebration of the improvements to the south end.
23 Fleming said the event is scheduled for May 19th.
24 The Interim City Manager had distributed a.memo to the Councilmembers prior to the
25 meeting regarding the vandalism at the bus stop located at 29th Avenue N.E. and Silver
26 Lake Road. Councilmember Fleming had been contacted by the owner of the home at
27 the location of the bus shelter. Fleming wondered if the shelter could be moved to the
28 vacant lot north of its present location. Hamer was informed by the MTC that shelter
29 locations are based on patterned use. Hamer was also told that St. Anthony's bus
30 shelter vandalism is very minor in comparison to other communities.
31 Councilmember Enrooth gave an update on the plans for this year's VillageFest
32 festivities (August 5th and 6th). Activities will begin on Friday afternoon and will
33 conclude on Saturday night with an ice cream social and, hopefully, the St. Anthony
34 Orchestra be able to will play. The Rockin' Hollywoods will entertain Friday night.
35 Most plans have been made with the exception of the parade. Councilmember Wagner
•
1 Regular City Council Meeting
2 March 22, 1994 •
3 Page 6
4 commented that the Kiwanis will again conduct the Sunday morning breakfast
5 following VillageFest activities, but that it will not be a part of VillageFest.
6 Enrooth also discussed the Environmental Quality/Recycling Task Force's February
7 meeting. He will wait for the minutes to present their recommendation regarding the
8 recycling center to the City Council. Enrooth noted that residents will be kept up to
9 date on whether the recycling center will remain open.
10 Councihnember Marks has been out of the state and had nothing to report.
11 Interim City Manager Hamer indicated that the search for a Council/Planning
12 Commission Secretary to take the minutes at those meetings is complete, with
13 Council's approval. Lois Bjelke has agreed to transcribe the minutes of the Planning
14 Commission and the second Council meetings of the month and Karen Long has agreed
15 to transcribe the minutes of the first Council meetings of the month. They will perform
16 these services for the same rate of pay as that of the last Council secretary.
17 Motion by Marks, seconded by Enrooth to approve the hiring of Lois Bjelke and Karen
18 Long to transcribe meeting minutes of the City Council and Planning Commission. •
19 Motion carried unanimously.,
20 As an informational update, the Interim City Manager said that the Hennepin County
21 Assessor's proposed agreement is now in the hands of the County Attorney. The City
22 Attorney has made some changes to which the County Attorney must agree. The
23 Agreement will then be submitted for Council's approval.
24 Also as informational was the appearance of Margaret Tjosvold, who along with her
25 daughter, Mary Tjosvold, propose to own and operate a foster care home for
26 Alzheimer patients to be called Trenditioris. In addition to Ms. Tjosvold, the financial
27 officer and home manager were present to speak to the Council about the proposed
28 foster care home. Mary T., Inc. is the parent company and owns and operates similar
29 operations in Coon Rapids. Photographs and informational flyers were distributed to,
30 the Council.
31 Mary T., Inc. proposes to purchase the duplex at 3304-06.- 39th Avenue N.E.. There
32 will be up to 5 patients on each side with a maximum staff of 3. The proposal appears
33 to meet City Ordinance's definition of "Family" and would not require Council
34 approval. However, Council directed staff to contact the City Attorney to assure that
35 interpretation of the ordinance is correct.
I Regular City Council Meeting
0 March 22, 1994
3 Page 7
4 VIII. PUBLIC HEARINGS.
5 A. Mayor Ranallo opened the public hearing regarding use of the 1994 Urban Hennepin
6 County Community Development Block Grant funds at 8:45 P.M.. The City of St.
7 Anthony has been allocated $21,403 for single family housing rehabilitation, the senior
8 citizens program, and for the completion of the sidewalk along Kenzie Terrace. There
9 was no one present to speak for or against Resolution 94-024.
10 Motion by Marks, seconded by Wagner to close the public hearing at 8:50 P.M..
11 Motion carried unanimously.
12 Motion by Marks, seconded by Wagner to approve Resolution 94-024 approving
13 projected use of 1994 Community Development Block Grant Program funds.
14 Motion carried unanimously..
15 IX. NEW BUSINESS.
4t A. Motion b Marks, seconded b Enrooth to approve Resolution 94-025 regarding the
Y Y PP g
17 Joint Powers Agreement with the City of Columbia Heights for upgrading of the
18 railroad crossing on Stinson Boulevard and 37th Avenue N.E.
19 Motion carried unanimously.
20 B. Motion by Marks, seconded by Enrooth to approve the Shriner's request to sell sweet
21 onions on either April 30, 1994 or May 7, 1994 at the Stonehouse location.
22 Motion carried unanimously.
23 X. UNFINISHED BUSINESS - None.
24 Before opening the closed session regarding three litigation matters, Darrin Mercil and Larry Beach
25 returned to withdraw the request to purchase the six feet of right-of-way and to request approval to
26 proceed with putting in the 8 foot footings for the garage and agreed not to build until the Planning
27 Commission approves the second variance request. Mr. Mercil also agreed to remove the footings if
28 the variance is not granted. Mercil and Beach will write the request and its conditions.
29 Council consensus was to accept these terms on condition that the City Attorney review and confirms
the offer's legality.
I Regular City Council Meeting
2 March 22, 1994
3 Page 8
4 Rosemary Franzese requested to be heard in regard to the School District's referendum. Ms.
5 Franzese offered that 24% of the students at Wilshire Park Elementary School are not residents;
6 passage of the referendum would ultimately mean large cost increases in operations and maintenance,
7 and higher taxes. When Marks inquired if Franzese had spoken with members of the Task Force on
8 these issues, Franzese said she had not attended any of the meetings but has spoke to many school
9 district residents on the matter. Mayor Ranallo thanked Ms. Franzese for her input.
10 Closed Session.
11 The regular Council meeting was closed at 9:10 P.M. by Mayor Ranallo to discuss three litigation
12 matters. League of Minnesota Cities attorney, Tom Grundhoefer, was present during this session.
13, The regular Council meeting was reconvened at 9:50 P.M..
14 XI. ADJOURNMENT.
15 Motion by Marks, seconded by Fleming to adjourn the regular Council meeting at 9:50 P.M..
16 Motion carried unanimously,
17 Respectfully submitted and attested to,
18 Connie Kroeplin
19 City Clerk
20
21 Mayor
'n thou
�` illa e
DATE: April 12, 1994 APPROVAL
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Council Approval:
Amusement Devices:
Minneapolis Bowl-O-Mat, Inc., Apache Plaza (14 Amusement Devices)
Slick's Alternative, 2450 - 38th Avenue NE
3.2 Beer Off-Sale:
Town & Country Foods, St. Anthony Village Shopping Center
Fuel Mart, 3813 Stinson Boulevard
Minneapolis Bowl-O-Mat, Inc., Apache Plaza
Stop'N'Save, 3259 Stinson Boulevard
Berggren's Market Enterprises Inc., 2508 - 38th Avenue NE
Temporary 3.2 Beer & Wine License:
St. Charles Borromeo Church, April 23, 1994, Luncheon & Style Show
St. Anthony VillageFest, Inc., August 5 & 6, 1994, Central Park
Cigarette License:
Slick's Alternative
Town & Country Foods
Fuel Mart, Inc.
Stop'N'Save
Apache New Market
Snyder's Drug Stores, Inc.
Bowling Alley:
• Minneapolis Bowl-O-Mat, Inc., Apache Plaza
. ain Whon
illa e
DATE: April 12, 1994 APPROVAL:
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Council Approval: page 2
Contractors License:
Suburban Lighting Inc., Stillwater, MN
Belair Builder's Inc., New Brighton, MN
Construction Labor Force Inc., Lino Lakes, MN
Juke Box:
Slick's Alternative
Service Station License:
Fuel Mart, Inc.
Stop'N'Save
Dick's St. Anthony "66"
St. Anthony Unocal,Inc.
t.
Vending Machines License:
Wendy Quammen (1)
Minneapolis Bowl-O-Mat (2)
Pizza Hut (3)
T.J. Enterpzises (1)
Heating License:
Boehm Heating Company
Garbage Haulers
Lightning Disposal, South St. Paul (Commercial)
No.247—Application for Municipal License; General Form. (Revised 1926.) MILLER-DAVIS CO..MINNEAPOLIS
I
btate of Ainneota, (ss.
Coll-lay of.......Hennepin
TOTHE...........gl.t.y.....Council..........................................................OF THE...........City....of...St.'...Anthony......................................
OF..........St.,...Anthony.......................................................................................................................IN S.41D CO UXTY .YXD STATE:
The 717adersiened hereby applies for a license tv-zcrry-on-thr-bas inrss-af temporary wine license
St. Charles Borromeo Annual at Style Show & Spring Luncheon
................................................................................................. .............................................................................................
..........................................................
I City t. Anthony in the........................y.......................................of.......................................... ..........................................in
said county and state for the
term of........One Day* from the date hereof, subject to the laws o .Minnesota and the
.. . . J f
ordinances of said............................. ..........................................; and herewith tenders 8....................... .................as the license
• fee therefore...................................................................................................................................................................................
...........................................
.................................................................................................................................................................................................
............................................................
...............................................................................................................................................................................................
.........................................
*Saturday, April 23, 1994
.................................................................................................................................................................................................
............................................................
St. Charles Borromeo Annual Style Show & Spring Luncheon
Approved by the City Council:
I
.................................................................................................................................................................................................
............................................................
.................................................................................................................................................................................................
............................................................
. ..........................................................................................................................................................................................
...................................................................
.................................................................................................................................................................................................
............................................................
Dated..............................................................................19.............
..............................................................................................................................
f
i
I
•
March 1, 1994
St. Anthony City Offices
3301 Silver Lake Road
Saint Anthony, Minnesota 55418
St. Charles Borromeo is holding our Annual Style Show and Spring
Luncheon on Saturday, April 23, 1994 . We are holding the Style
Show at St. Charles. We are requesting a liquor permit for that
day.; because we would like to serve champagne and wine. Please
send the permit to Rosemary Spielmann at 240 Wexford Heights Drive,
New Brighton., Minnesota 55112 . We will only .need it for that day.
Thank you, if you need any further information, please feel free to
call me at 631-8660. Thank you for your attention in this matter.
Rosemary Sp' 1 ann
•
No.247—Application for Municipal License; General Form. (Revised 1926.) MILLER-DAVIS CO..MIN.EAPOL.9
Mate of , inne0ta,
ss.
Co«•ibty of..........Hennepin
TO TIIE..............CitY.....Council
.......................................................OF THE...............Ci
.....ty
................................................................................
Ol%............................St.....AnthonY.......................................................................................................I.N MID COUNTY .4.ND 87'.4TA:
temporary 3.2 beer on-sale license & wine license
The nndersigibed hereby applies ...............................................................
Central Park a t 3400 Silver Lake Road
......................................................................................
.................................................................
i7b the...............City.........................................of.......st..!...Anthony..................................................i>b said county atul state for the
term of.............*..............................................................from the date hereof, subject to the laws of Affibnesota and the
ordinances of said.........................................................................: a7bd herewith tenders 5...........................................as the license
feetherefore...................................................................................................................................................................................
...........................................
...............................................................................................................................................................................................
..............................................................
...............................................................................................................................................................................................
.............................................................
St. Anthony VillageFest Inc
...............................................................................................................................................................................................
..............................................................
....... August..5..and...6, 1994
........................................................................................................................:....................................................................
............
...............................................................................................................................................................................................
..............................................................
Approved by City► Council on:
.................................................................................................................................................................
.............Received...IKus ur.4z���.?........................................................................................................................................................
................................
...............................................................................................................................................................................................
..............................................................
• ..............................................................................................................................................................................................
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...............................................................................................................................................................................................
..............................................................
Dated....................................
INDEPENDENT SCHOOL DISTRICT NO. 282
Community Services Department
3301 Silver Lake Rd • St. Anthony, MN 55418 • Phone: 781-5021
Facilities Reservation Form Permit No.
Name �� iY) ire V e-y- Home Phone �c 3 Bus. Phone 339 , 02�
Address 71 / = 1- TTl"1j77L i-i , vd, Date c�;
Name of Group or Organization Y ,* //nq e �t�S 7�
Intended Use -a Q7 Z-_-k) r 6 417
Date(s) wanted 04 - r— r Day(s) Su M T W Th Sa (circle)
Building:
High School Auditorium
Park View Community Center Cafeteria
Wilshire Park Elem. School Classrooms) ft
—Other _ _ Gymnasium (If High School, circle one:
OLD NEW )
Kitchen
h Other
Doors to open am pm 1, -1 t,-i'c(4i r h tExpected attendance:
begins am S�+
Activit L(�a l {zYZ
Y g pm L t(L Admission: _Free Charge
Activity ends am pm 7- ? Will merchandise be sold? :6-
Ill t `el hp-1
Special arrangements needed (chairs, cooks. AV equipment, etc.):
I hereby certify that I am an agent of the above named group or organization and am authorized to accept in their
name the responsibility for observance of the rules and regulations of the Board of Education. Independent School
District #282. As a group or organizational agent, I will attend this function,and I will be solely responsible for giving
any and all instructions to the custodians or other support personnel.Presentation of this permit to the custodian on
duty is necessary for admittance(or the initial date. In accepting this arrangement, rentee agrees to hold harmless
I.S.D. 282 and I;s representatives from a'11 claims incurred in use of the facility. Rentee waives all rights and claims for
potential damages incurred in this rentl arrangement.
i_.e.e_
(signature of responsible person)
Bill to:
(name) (address)
----------------------------------------------FOR OFFICE USE ONLY-------------------------------------------------
Class Ins Approved by Date
Charges: Rental Custodial
Cooks Other charges: •
Note:
WHITE—Community Services Office Cool CANARY—Business Office Coot PINK—Custodians Cool GOLD—Applicant'.Cool
March 28, 1994
St. Anthony City Council
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Dear Council Members:
We are very excited to be celebrating VillageFest on Friday and Saturday,August 5 and 6,
1994. The Rockin' Hollywoods will, once again, be supplying the entertainment on Friday
evening.
We request that a permit be granted to allow VillageFest to sell beer and wine on the
premises of Central Park in St. Anthony on these two days. The beer and wine will be sold
only in a designated tent and no one will be allowd to leave the tent area possessing these
drinks.
In addition, we are working with the Sports Boosters Charitable Gambling to offer Bingo
for our community on Saturday,August 6. We request that permission be granted to offer
such an activity.
A copy of the form reserving Central Park and fields is attached. Higgins Insurance Agency
will be the insurer for the event. They will pass on a copy of the insurance binder as soon as
they are assured that wine and beer will be permitted on the premises.
We have contacted Larry Hamer to request that he arrange for insect repellant spraying for
the event. If any additional formal request or other action is required on our part to make
this arrangement, please let us know and we will do our best to satisfy any requirements.
We sincerely appreciate your consideration. If you have any questions or concerns, please
call any one of us listed below.
Sincerely,
A A
/ /a- X-
Bob&Linda Foster Tom&Bonnie Brever
788-7044 789-6318
1994 VillageFest Chairpersons
Government Training Service
Suite 401
480 Cedar Street
St.Paul.Minnesota 55101.2240
612/222-7409
INVOICE
*City of St Anthony
c/o Larry Hamer, Acting City Mgr.
3301 Silver Lake Rd.
St Anthony MN 55419-1699
March 17, 1994 Number 2 419
Consultant' s fee plus mileage for Council Retreat
2/25-26/94 . $1,912. 10
3000-500101 `
All invoices are due and payable within 30 days of the invoice date.
I'5%per month will be assessed on unpaid balances.
Return one copy with payment.Make checks payable to Government Training Service.
LAWOFFIcES . STATEMENT OF ACCOUNT
HANCE & LEVAHN
SAINT ANTHONY NATIONAL BANK BUILDING.SUITE 200 04/04/94
• 2401 LOWRY AVENUE NORTHEAST'
MINNEAPOLIS,MINNESOTA WIS
Invoice #2201
City of St. Anthony PLEASE DETACH AND RETURN THIS
3301 Silver Lake Road PORTION WITH YOUR REMITTANCE.
St. Anthony, MN 55418
Attn: Thomas D. Burt, City Manage
AMOUNT REMITTED $
In reference to: (M) Village Prosecutions
For professional services rendered $2,400.00
Previous balance $2,400.00
03/28/94-Payment - thank you ($2,400.00)
Balance due $2,400.00
Legal services rendered for the month of April, 1994,
relative to St. Anthony prosecutions.
- �G��-�FINANCIA� 3T . ANTHO�Y VILLA-E
03/31 /94 11 08 Check Register GL540R-VO4 ' l5 PAGE 1
K VENDOR CHECK# DATE AMOUNT
--4���R-����UQA-CH�CKJN�-ACCQU
004025 APACHE PLAZA 5360 03/31 /94 9 , 786'08
004039 6ONNIWELL/STUART J 5362 03/31 /94 4 ,35O'00
004040 8OYD HOUSER CANDY & TOSA ' S3�3 03/31 /94 1 ,874 '51
------�04QG9----kC'ARLSON/CARY' --3,00-41�-----
004062 CELLULAR ONE 5365 03/31/94 23 . 97
004120 EAGLE WINE CO 5366 03/31 /94 595' 78
004I75 GRIGGS COOPER & CO INC 5368 03/31/94 5 , 193 ' 12
004220 JOHNSON WINE CO 5369 OJ/31/q4 6, 5O3' 44
-----'0O42-2--r-,---KRAF-J-FOODSEP,V3CE- -03/-3-1-/-94 3-9~75--'----
004231 LAHGRIDGE/MZH S371 03/31/94 65 '00
0043SO LUNDGREN/MATTHEW H . 5372 03/31 /94 80'00
__-__0-0-4.2Z2-_-__METI_6AKZNG_CO, _____5323-0.3,l3l -___-6Z--q9______
' 004360 PHILLIPS AND SONS COMPAN - °� ,537 03/31/94 4 142'94
'004 PRIOR WINE CO � ` ' �� ` ` .:5375 03/3 4 '�- � 218.83
'00001 COLOTTZ /JOHN , 5377 03/31/94 340. 00
004467 TIM'S TRANSFER , INC ' 5378 03/31 /94 741 ' 00
R ] SON/] Ir0IH
� --'00 ()46 8O D HOUSE 440 037/31/941, � ^ l "�7O3".51.
40S9 C ' `SON/ ` 441-�03/31/94 . _.' `GO0 '.(�O
` 4 2- 0 ^
004120 EAGLE WINE 00 5443 03/31/94 604 ' 93
004410 FIRSTAR ST ANTHONY BANK 5444 03/31/94 l5,000 ' 0(}
-004220. JOHNSON WINE-,CO .4 7.
004231 LANGRZDGE/MIN 5449 03/31 '94 65 .00
0042S0 LUNDGREM/MATTHEW H . 5450 03/31 /94 80 '00
004354 PAUSTIS & SONS 54S2 03/31 '94 669_20
004356 PERRY/DONALD 5453 03/31/94 l98'"65
------�/043�O----PHJ�L.��PS-AND-SONS-COMPA ��--'----
004376 PRIOR WINE CO 5455 03/31/94 291 ' 74
0043G5 QUALITY WINE CO 5456 03/31/94 l ,372. 91
004404 ST ' A. LIQUOR #2 PC 54.53 03/31 /94 G8 '90
. 0 O00 2 STOCKINGER/JUDITH 5459 03 '31/94 3,30 . 00
CtD4O4 HOU�Ep TOBA 550 6 0'-s/E,l/94
0 0 4G 85 CITY OF ST ANTHONY 5507 O3/3l/q4 16 ^250 . 00
004120 EAGLE WINE CO 5509 03 '31/'94 120' 53
004410 FIRSTAR ST ANTHONY BANK 5SlO 03/31 /94 15^000' 00
w00 4-1 GR]CGG CQC}PER ��14-03/��/94-------�,-��/� Ql-----'
00422(-) JOHNSON WINE CO 5512 03/31/94 2 ^9l4' �8
I8R-C-FINANCIAL SYSTEM 3T ' ANTHONY VILLAGE
03/31/94 11 :08 Check Register GL540A-VO4 ' 15 PAGE 2
K VENDOR CHECK# DATE AMOUNT
--LIQR'-L-IQUOR--CHEC-KING AGC8U��T-- --- - ----------------'- - -----------'
004225 KRAFT FOOD8ERVICE 5513 03/31/94 676' 97
------0042-31-- - LANQRIQGFj-MI-N-------. -- ------------5��14-O�f���94- ��-�O-------
004250 LUNUGREN/MATTHEW H . 5515 03/31 /94 80'00
004272 METZ BAKING CO S516 03/31/94 104 ' 72
-----004360 PHZ-L-L-IPB-AN0 -SONS-COMPAN --S51-7-03/3I/94 ' -- 2, 37l7- 56 -
004375 POSTMASTER 55lS 03/31/94 116 ' 00
004385 f.-iUALITY WINE CO S519 03/31/94 1 , 800' 24
-------0044O4-- ST'--A.-LIQUOR.-'#2- PC ---------96-82------
LIQUOR CHECKING ACCOUNT 142,214'85
-
FINANCIAL SYSTEM ST. ANTHONY VILLAGE
23/94 17:06 Check Register GL540R-VO4. 15 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
004009 AETNA LIFE & CASUALTY 5461 03/24'/94 426. 18_
004026 APACHE PLAZA MERCHANTS 5462 03/2494 118.00
004027 ARONSON/TIMOTHY 5463 03/24/94 40.00
004040 BOYD HOUSER CANDY & TOBA 5464 03/24/94 2,092. 16_
. 00001 BYRNE/KEVIN 5465 03 24 94 300.00
004059 CARLSON/CARY 5466 03/24/94 300.00
004062 CELLULAR ONE 5467 03/24/94 31 .87
004080 CITY COUNTY FED CREDIT U 5468 03/24/94 10.00
004098 COMMERCIAL LIFE INS CO 5469 03/24/94 17 .00
004100 COMMISSIONER- OF REVENUE 5470 03/24/94 647.60
.00002 DUNIVIN/NANCY 5471 03/24/94 240.00
004120 EAGLE WINE CO 5472 03/24/94 .240. 17
004130 ECOLAB 5473 03/24/94 546.68
004139 FARMER BROS CO 5474 03/24/94 26.29
004410 FIRSTAR ST ANTHONY BANK 5475 03/24/94 3,950.80
004411 FIRSTAR ST ANTHONY BANK 5476 03/24/94 15,000.00
004175 GRIGGS COOPER & CO INC 5477 03 24 94 7,609.71
004185 GROUP HEALTH PLAN INC 5478 03/24/94 862.88
004202 HENN CTY SUPPORT & COLL 5479 03/24/94 247.89
.00003 HYDRAULIC JACK & EQUIP. 5480 03/24/94 272.75
004208 I C M A RETIREMENT TRUS 5481 03/24/94 20.00
004220 JOHNSON WINE CO 5482 03/24/94 1 ,599.63
004225 KRAFT FOODSERVICE 5483 03 24 94 1 ,074.35
004231 LANGRIDGE/MIN 5484 03/24/94 65.00
004250 LUNDGREN/MATTHEW H . 5485 03/24/94 80.00
004266 MARKET MECHANICAL 5486 03/24/94 499. 59
004256 MC DONOUGH/MICHAEL 5487 03/24/94 150.00
004365 MEDICA CHOICE 5488 03/24/94 1 ,572.01
004272 METZ BAKING CO 5489 03/24/94 16.31
.00004 MORGAN/JOE 5490 03/24/94 300.00
004313 MUZAK _ 5491 03/24/94 74 .30_
004334 NORTHEASTER 5492 03/24/94 413.00
004335 NORTHERN STATES POWER 5493 03/24/94 2,768. 31
.00005 PIRA 5494 03/24/94 60.00_
004360 PHILLIPS AND SONS COMPAN 5495 03 24/4 2,733. 78
004376 PRIOR WINE CO 5496 03/24/94 1 ,715.63
004380 PUBLIC EMPLOYEE RETIREME 5497 03/24/94 1 ,603.45_
004385 QUALITY WINE CO 5498 03/24/94 3,325.99
004401 ST .A. LIQUOR #1 PC 5499 03/24/94 209. 56
004285 STAR TRIBUNE _ 550_0 03/24/94 4.38_^
004473 TRACY PRINTING 5501 03/24/94 91 .38
004492 U S WEST COMMUNICATIONS 5502 03/24/94 625.23
004491 UNITED WAY _ 5503 03/24/94 15.0_0 ____
004270 VAN-O-LITE 5504 03/24/94 497 . 19
• **
LIQUOR CHtCKING ACCOUNT 52,494 .07
46RC FINANCIAL SYSTEM ST. ANTHONY VILLA(
4/07/94 16:05 Check Register GL540R-VO4. 15 PAGE
BANK VENDOR CHECK# DATE AMOUNT
--L I-QR--L I-QUOR-CHECKING-.ACCOUN T
004009 AETNA LIFE & CASUALTY 5532 04/07/94 414.05
00401-5------AMERICAN-LI-NEN--SUPPL-Y--CO ---553-3--04-/07/-94 ---882.. 43
004025 APACHE PLAZA 5534 04/07/94 9, 783. 35
004040 BOYD HOUSER CANDY & TOBA 5535 04/07/94 1 ,642. 34
- - 004080 --- -CIT-Y--COUNTY-FED--CREDIT-U 5`330-04/07/94 - 1-0.00-
004094 COAST TO COAST #997 5537 04/07/94 17 .32
004095 COCA COLA BOTTLING 5538 04/07/94 1 ,565. 22
004-101--COMMERS - —5539-04/07/-94 26 .03----
004100 COMMISSIONER OF REVENUE 5540 04/07/94 734. 51
004104 COMPUTER CHEQUE OF MN 5541 04/07/94 131 .00
004-1-09---D EN T I CARE— --5-54-2--04/-0-7-/-94- ;w
004120 EAGLE WINE CO 5543 04/07/94 1 , 108.90
004130 ECOLAB 5544 04/07/94 678.77
004-1-1-8--EMS--M4USf-C—Il+C -=545-04/03--94 161-25
004410 FIRSTAR ST ANTHONY BANK 5546 04/07/94 4 ,386.42
004145 GANZER DISTRIBUTORS INC 5547 04/07/94 7 , 259. 45
.00001 -GRAPHS-G-C-OMMJ4N-I-EA-TI-0 NS 5548-04{-07�A4 43-l-. 33
004175 GRIGGS COOPER & CO INC 5549 04/07/94 6 ,698. 71
004201 HEGGIES PIZZA 5550 04/07/94 67. 55
—0--004-2&2--HENtN--ET-Y-SUPPGRT-&--EOL-L 555±-047t07/ 34 220-24
004205 HOME JUICE CO 5552 04/07/94 47.85
004208 I C M A RETIREMENT TRUS 5553 04/07/94 20.00
21.6--JAN-I-=-K-I N G--OF 1 1 55 54-0,4/-0-7-/-94 7 4 2-3-1--
004218 JOHNSON PAPER & SUPPLY C 5555 04/07/94 1 , 145. 52
004220 JOHNSON WINE CO 5556 04/07/94 7 ,605.74
0 04225 KRAF f--FOODS-ERV-1C-E - --5-55-7-04/-07/94- 1-73-24-.6 7
004234 LMCIT 5558 04/07/94 193.01
004233 LMCIT 4 BERKLEY RISK SE 5559 04/07/94 88. 43
0;4-265-- /MARK-V.II SAL-f=S-I-NG — 5_560-G4/-0-7-/-94 14--,14-1-6-.26
004272 METZ BAKING CO 5561 04/07/94 63. 12
004274 MIDWEST BUSINESS PRODUCT 5562 04/07/94 40 . 70
-- -0Ct4293-----MINN -BAP,-SUPPLY -- —5563--04/07/94 -662X37---
004318 NAT FINANCIAL INS CO 5564 04/07/94 9. 50
004338 NORTH STAR ICE 5565 04/07/94 237 . 51
--------004334---NORTHEAST-ER-- 00-
004345 OLD DUTCH FOODS INC 5567 04/07/94 264 .62
004355 PEPSI COLA-7 UP BOTTLING 5568 04/07/94 852. 20
-- - ------004356- - - PEP,RY/DONALD-------- - --,5,569-04/-07/94 -----92 .-51—_
004360 PHILLIPS AND SONS 5570 04/07/94 8, 257 . 16
004372 PLUNKETT 'S 5571 04/07/94 119. 10
-- - 004376- - PRIOR - WINE-CO-- --- -------------5572-04/07/94 105..-85- -
004380 PUBLIC EMPLOYEE RETIREME 5573 04/07/94 1 ,640. 59
004385 QUALITY WINE CO 5574 04/07/94 3, 106 . 25
- ---- --004409- - - ST ANTHONY- MERCHANTS ASS -----_
004285 STAR TRIBUNE 5570 04/07/94 277 . 95
004450 STUART DISTRIBUTING; CO 5577 04/07/94 368 . 60
00446; SUPERIOR PRODUCTI: MFG C:O S578 04/07/94 -- -6 74 -
004466 SYSCO-MINNE=SOTA 5579 04/07/94 206 . 89
1
RC FINANCIAL SYSTEM ST. ANTHONY VILLAG
4/07/94 16:05 Check Register GL540R-VO4. 15 PAGE --
BANK VENDOR CHECK# DATE AMOUNT
--Lam-®R-L-I-QUOR-CHE-CK-ING-ACCOUNT- - —
004467 TIM'S TRANSFER, INC . 5580 04/07/94 484 .50
0044 80---TW I N-C-I-T Y--F I L-T E R-S E R-V-I CIE 558}.-04/07/94 162.20----
004481 TWIN CITY JANITOR SUPPLY 5582 04/07/94 102. 74
004491 UNITED WAY 5583 04/07/94 15.00
- —004270---VAN=O- ITE 5584-.04%07/94 193-.82
004494 WASTE MANAGEMENT - BLAIN 5585 04/07/94 420.34
-- L-I9U0R-OHEC-KING-AGC-0UNT 80;437 .-98 **
•
I ain
thou
u illa e
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
PROCLAMATION
WHEREAS, Minnesota's forest treasures were a significant attraction to early settlers because of their
usefulness and the beautiful environment they provided; and
WHEREAS, Trees are an increasingly vital resource today, enriching our lives by purifying air and
water, helping conserve soil and energy, creating jobs through a large forest products
industry, serving as recreational settings, providing habitat for wildlife of all kinds, and
making our cities more livable; and
WHEREAS, Human activities such.as construction damage and pollution, as well as drought, disease,
and insects threaten our trees, creating the need for concerted action to ensure the future
of urban and rural forests in our city, state, country and world; and
WHEREAS, The next decade will be one emphasizing the environment and people will be able to
positively impact world problems like "global warming" by locally planting trees and
ensuring that these trees are nurtured, protected and wisely used in the years ahead; and
WHEREAS, The message of Earth Day whose twentieth anniversary was in 1990 is still strong,
teaching children and adults alike that trees are related to all components of the
environment- air, water, soil, and wildlife; and
WHEREAS, Each year on the last Friday in April - ARBOR DAY - the residents of St. Anthony
Village pay special attention to the wonderful treasure that our trees represent and
dedicate themselves to the continued health of our urban and rural forests.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the St. Anthony Village hereby
proclaims April 29, 1994 to be ARBOR DAY and the month of May, 1994 to be ARBOR MONTH
in St. Anthony Village.
Mayor
Date
i
i
34901&ia ton Aveame North
St.Paul,MN 551268494
League of Minnesota Cities (612)490.5600
OPEN MEETING LAW DEFENSE COST REIMBURSEMENT COVERAGE
NOW AVAILABLE
Beginning November 15, 1993, LMCIT is offering an new open
Meeting Law Defense Cost coverage. This optional coverage will
reimburse city officials for 80% of the legal costs they incur
to defend themselves if they are charged with violating the Open
Meeting Law.
This new coverage is quite different from anything LMCIT (or
anyone else, for that matter) has done before. We'll try in
this memo to answer some of the questions that will come up when
city -officials are deciding whether this coverage makes sense
for their city.
• I. Why is this needed? Doesn't our existing LMCIT coverage
apply to Open Meeting Lav claims?
Generally, no. The LMCIT liability coverage is designed to
respond to claims for damages. The Open Meeting Law doesn't
provide for damages; it provides for a $100 civil penalty, and
loss of office for repeated violations. Fines and penalties are
not "damages" for purposes of the liability coverage, and LMCIT
therefor generally has no duty to get involved in defending Open
Meeting Law charges under the liability coverage.
The only exception is if the Open Meeting Law charge is combined
with a claim for damages that is covered under the liability
coverage. For instance, if an employee brought a wrongful
termination action against a city, the employee might also
charge that there was a violation of the open meeting law as
part of the termination process. In that case, LMCIT would be
responsible for defending the entire litigation - the Open
Meeting Law charge as well as the covered liability claim. But
an Open Meeting Law charge by itself is not a claim for damages,
and the LMCIT liability coverage would therefor not respond.
II. Why provide coverage for this type of exposure?
• One of LMCIT's member cities asked the Trust Board to consider
adding this kind of coverage. The request grew out of an
instance in which several council members incurred very
substantial legal bills defending themselves against an Open
Meeting Law charge.
The Trust Board recognized that defending .an Open Meeting Law
• charge can cost a city official a lot of money. Defense costs
are often the most significant financial consequence of these
lawsuits. While the statutory penalty of $100 might be
relatively minor, defense costs can easily run to thousands of
dollars. And those costs are incurred whether or not the
official is ultimately found' to have violated the law.
The Board acted on the assumption that most violations of the
law are inadvertent and may even be on the advice of an
attorney. The Board also realized that is easy for somebody to
make an accusation of an Open Meeting Law violation, forcing the
city council member to expend significant sums to defend
him/herself regardless of the merits of the allegation. The
threat of that kind of litigation could even be used as a tactic
to intimidate or coerce council members in some cases. Finally,
the Board assumed that most city councilmembers act in good
faith and try to comply with the law. But sometimes even these
best faith efforts are not enough to head off an Open Meeting
Law lawsuit.
III. Why should public funds be used to pay for defending
someone who actually did violate the Open Meeting Law? Doesn't
this encourage city officials to violate the law?
• The legislature has spelled out in the statute what the
penalties are for violating the law: a $100 civil penalty,
potential loss of office for repeated violations, and possibly
an award of the plaintiff's attorneys' fees in some cases. If
the individual has to pay for his/her own defense costs as well,
the real monetary penalty to the individual can be many times
- greater that the penalty the legislature provided in the
statute. And how much those defense costs are may not have much
relation to how serious the violation was.
If more serious penalties are needed to deter violations, the
legislature can change the statutes. That makes more sense than
relying on defense costs as a kind of hidden penalty that might
be wildly disproportionate to the seriousness of the offense,
and are incurred even if there was no offense.
Iv. Why is the coverage optional? Why not simply provide it
as a standard part of the liability coverage?
The LMCIT Board recognized that there are good public policy
reasons why a city might want to protect its officials from this
risk. But the Board also recognized that some cities might
• consider it inappropriate to use their taxpayers' funds for this
purpose. Making the coverage optional lets each city make this
call for itself.
V. What Does the Open Meeting Law Defense Cost Reimbursement
Agreement cover?
Under the new coverage, LMCIT will reimburse a city
official for 80% of the defense cost incurred by the city
official in defending an Open Meeting Law lawsuit. The Open •
Meeting Law Defense Costs Reimbursement Agreement is limited to
$20,000. This is the most LMCIT 'will reimburse any one city
official for defense costs for Open Meeting Law lawsuits
commenced during the term of the coverage agreement, .regardless
of the number of lawsuits or the number of actual alleged
violations.
VI-. What doesn't it cover?
There are two major kinds of costs for which this coverage would
not reimburse the official:
1. Any fine or penalty for violating the open meeting law.
2. Any award that orders the city official to pay for the
opposing- party's- attorney's-- fees.
As an example, suppose a newspaper is successful in bringing an
open meeting claim against a city official. The judge awards a
$100 penalty against the official and also orders the official
to pay the attorneys fees incurred by the newspaper in . bringing
the claim. The new coverage would not pay or reimburse either Q
the penalty or the attorneys fees awarded.
Note too that this coverage would not cover any legal costs that
the city might incur if the city itself were a party to the
Open Meeting Law litigation - unless, of course, it was part of
a suit that also included a covered claim for damages, as
discussed earlier.
VII. How will the Open Meeting Law Defense Cost Reimbursement
Agreement work?
The coverage is significantly different from other coverage
provided under the standard LMCIT coverage agreements in a
couple important ways. First, unlike LMCIT's liability
coverages, the Open Meeting Law coverage does not pay the legal
costs on the city official's behalf. Instead, LMCIT will
reimburse the city official for 80% of those costs, to a maximum
of $20,000, after the official has incurred those costs. The
city official remains responsible for paying 'his/her defense
attorney, including the 20% which LMCIT will not reimburse as
well as any costs over $20, 000.
• Second, the city official retains control of - the litigation.
The city official makes the decisions on what attorney 'to hire,
whether to settle or compromise the litigation, -whether to
appeal, • etc.
.The coverage is triggered when a lawsuit -is served.'on'.*the .city
official alleging a violation of the Minnesota Open -Meeting Law.
If a lawsuit is filed during that term of the agreement, ' the
city official has to -do two things:
I. Notify LMCIT of the litigation; and
2. Select defense counsel.
VIII. -Hor.much•rill this coverage ...cost?
Initially, we'll be basing the charge for this- coverage on the
premium for the city's liability coverage. Generally, -.the cost
will be 1.5% of the liability premium, subject to -a :$500 minimum
premium. In an individual city's case the premium could be
somewhat higher if in the underwriter's judgement there is a
.substantially higher risk of Open Meeting Law -claims in that
city, though we expect this to be rare.
•
I%. HOW do -we go about adding this coverage for our city?
Have your agent contact LMCIT's underwriters -at Berkley -Risk
Services and ask for an application form. The underwriters will
be able to return quote fairly quickly.
B. Whom can we call if we have other questions?
If you need additional information or have other questions, you
can contact Tom Grundhoefer or Pete Tritz at the League office,
or call the underwriter at Berkley Risk services who handles
your city. We'd also appreciate any comments or suggestions
city officials have for ways this coverage could be improved, or
for any other changes cities would like LMCIT to consider.
11/17/93
•
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
3490 Lexington Avenue North
St.Paul,Minnesota 55126 •
ADMINISTERED BY: Berkley Risk Services,Inc.
920 Second Avenue South, Suite 700
Minneapolis,MN 554024023
SUBMITTED BY:
PRODUCER:
ADDRESS:
APPLICATION FOR OPEN MEETING LAW
- - -- DEFENSE COSTREIMBURSEMENT AGREEMENT-
APPLICANT'S INSTRUCTIONS:
1. Please answer all questions. If the answer is NONE,please state NONE.
2. If space is insufficient to provide a complete response,attach a separate sheet.
3. The application must be signed b an authorized representative of the City. e
PP g Y P
Special Note: Please answer all questions. These questions are intended to provide general information only. The
information provided will also be used for a proactive loss control procedure if needed.
APPLICANT
1. Name of city or other public entity whose city officials are to be covered under the Agreement.
City of St.Anthony
2. Principal Address:
3. If Joint Powers entity,identify participants:
Afnrch 23, 1994 City 9XSt.Anthony
Pret ared v-American Risk Services,Inc.
24
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
CLAIM HISTORY
List incidents of threatened or actual open meeting law litigation involving city related individuals in the last five
years. For each incident give its approximate date and its resolution,including the penalty imposed, if any,and the
amount of attorneys fees incurred in defending the incident.
Date of Penalty Imposed, Location
Incident Describe Incident If Any, And
Attorneys Foes
Incurred
2. Are you presently aware of any other incidents or situations which may result in an open meeting law claim or
litigation against city related individuals?
If YES,give details:
3. What action has been taken to prevent future incidents or claims?
March 23, 1994 C_ itv olSt.AnrhoyX
Prepared by American Risk Services.Inc.
25
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
OPEN MEETING LAW OUESTIONNAIRE
1. Description of orientations and/or training provided for all cloged officials(GTS programs,League programs,
Handbook for Minnesota Cities, loss control seminars...)on the subject of the open meeting law:
2. Have all new members attended the League Conference for Newly Elected Officials?
3. Do all officials understand the Open Meeting Law and the Cities'compliance procedures?
4. Description of method of documenting official meetings(written,audio,video, ...):
S. Does legal council attend all official meetings?
If no,describe service relationship with city attorney.
6. Is education provided for the elected officials in the proper policy and procedures?
a) Land use decision making:
b) Employment practices:
BY:
(Signature and Title of Authorized Representative)
•
lltnrch 23. 1994 City otSt.AnthonX
Prepared by American Risk Services,Inc.
26
•
MEMORANDUM
DATE: March 28, 1994
TO: Mayor and Councilmembers
FROM: Larry Hamer, Interim City Manager
ITEM: RECYCLING CENTER
• In response to a recent City Council directive, the Environmental
Quality/Recycling Task Force (EQRTF) studied and discussed the feasibility of
continuing to keep the recycling center open.
As noted in the attached minutes of the last EQRTF meeting, it would cost the
City approximately $10,000 to keep the Recycling Center open during 1994.
Citing the cessation of grant money for that purpose, and that residents should
not have to pay for both curb side pick up and a drop off center, the Task Force
voted unanimously to recommend that the City Council close the Recycling -
Center, effective June 30, 1994.
In addition, the Task Force recommended that residents be notified through the
news media and to install signs on the site of the drop off center informing them
of alternative recycling.
•
• CITY OF ST. ANTHONY
ENVIRONMENTAL QUALITY/RECYCLING TASK FORCE
March 10, 1994
The meeting was called to order by Chairperson Enrooth at 7:00 P.M.
Present: Dick Enrooth, Bob Patterson, Doug Hall, Doug Bergstrom, Dave Beneke, Scott
Benik, Keith Pearson and Larry Hamer, Interim City Manager
Absent: Martin Lunde, Carol Batzli Barkley, Trudy Hentges, and Sandra McDonald
Motion by Bergstrom, seconded by Hall to approve the March 10, 1994 Environmental
Quality/Recycling Task Force Agenda with the change of item A of the agenda "Election"
being moved to the last item on the agenda.
Motion carried unanimously.
Motion by Bergstrom, seconded by Hall to accept the minutes of the September 9, 1993
Environmental/Quality Recycling Task Force meeting as presented.
Motion carried unanimously.
A summary of 1993 recycling issues was discussed. Curb side pick up and industrial
recycling was also reviewed.
Bob Patterson, a new member of the Task Force was brought up to date on recycling and solid
waste haulers.
Spring Clean-Up
an-Up
Spring Clean-Up Day in-St. Anthony is scheduled for Saturday, May 7, 1994 from 9:00 A.M.
to 1:00 P.M.. Chairperson Enrooth told the Task Force that it was not cost effective to have
the Fall Clean-Up Day in addition to the Spring Clean-Up Day. Mr. Pearson commented that
he would prefer two clean up days a year. Chairperson Enrooth asked the Task Force for
assistance during the Spring Clean-Up. Mr. Bergstrom and Mr. Pearson volunteered to help.
Other topics discussed included:
1. Appliance recyclers are licensed by the State.
1 There is now use for tire material.
3. Reduction on the solid waste haulers' tipping charges were put into effect by
• Hennepin County because the county's incinerator charges were lowered. -It
Environmental Quality/Recycling Committee •
March 10, 1994 Meeting
Page 2
was suggested that staff send a letter to the haulers to inquire if they are passing
this savings on to residents.
Recycling Center
Chairperson Enrooth indicated that the City Council has requested that the Task Force
investigate whether the City should continue to keep the recycling drop off center open. State
and County grant money has been cut. The grant money supported the drop off center. Costs
to keep the center open could cost the City $10,000 during 1994.
The City can keep the recycling center open until June with grant money. It was suggested
that the residents should be educated about curbside recycling before that time. This can be
done by the newsletter and other news media. The Task Force consensus-was that it is not
necessary for residents pay for curb side pick up and a drop center.
Motion by Bergstrom and seconded by Hall to recommend to that the City Council close the
drop off recycling center as of June 30, 1994. It was also recommended to use the news
media and Newsletter to inform the residents about curbside recycling, and to install signs on O
the site of the drop off center informing the residents of alternative recycling.
Motion carried unanimously.
1994 Goals and Objectives
Task Force members had been given a page listing recycling topics and were requested to rank
them in order of importance. Mr. Hall commented that wood burning fire places could be
added to the list. The rankings will be given to the Chairperson and the Task Force members
will be notified of the results.
Mr. Beneke perceived that there should be only one hauler in the City because the roads are
getting torn up by the trucks and the number of large trucks travelling on City streets.
Mr. Bergstrom suggested that the list needs more discussion.
Elections
Chairperson Enrooth, who is the Council liaison to the Task Force felt that a Chairperson and
Vice Chairperson should be selected and that the Council and staff liaisons would serve in an
advisory capacity in the future. Mr. Enrooth then called for nominations for Chairperson of
the Environmental Quality/Recycling Task Force. •
Environmental Quality/Recycling Task Force
March 10, 1994 Meeting
Page 3
Motion by Bergstrom and seconded by Hall to elect Martin Lunde as Chairperson and to
appoint Doug Bergstrom as Vice Chairperson of the Environmental Quality/Recycling Task
Force.
Motion carried unanimously.
The next meeting of the Task Force is scheduled for April 14, 1994.
Motion by Hall and seconded by Bergstrom to adjourn the meeting at 9:00 P.M..
Motion carried unanimously.
• FEE: No Charge, Section 615.07, Fee No. 17
CITY OF ST. AI1"THONY
REGISTRATION FORM FOR
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
ORDINANCE 1130.02
The following information must be provided in order to conduct peddling, soliciting, or transient
merchant activities within the boundaries of the City of St. Anthony, MN:
1. Name/Address of applicant:
Ia. Names and DOB's (Date of Birth) of all those involved in the selling activity:
• lb. Vehicle license plate numbers of those vehicles used in the selling activity:
2. A brief description of the nature of the business and the product or services involved:
3. If employed, the name and address of the employer, together with credentials establishing
the exact relationship:
4. The dates and hours of the day during which the activity will be carried on:
•
Registration Application
Page 2
5. The source of supply of any goods or property to be sold or orders taken for the sale
thereof, where such goods or products are located at the time registration is filed and the
proposed method of delivery:
6. The last municipalities, not to exceed five, where the applicant carried on business
immediately preceding the date of the application and the address from which such
business was conducted in those municipalities:
Other Requirements:
• If you are distributing literature, please provide a copy.
Completed by the Police Chief.
A statement as to whether or not the registrant has been convicted of any crime,
misdemeanor or violation of any crime, misdemeanor or violation of any
municipal ordinance of any municipality.other than traffic violations, the nature
of the offense and the punishment or penalty assessed.
For transient merchants:
Written statement of permission from fee owner of property where transient sales
are to be held.
Additional Information:
Section 1130 of the City of St. Anthony Code of Ordinances is attached for your review.
Proof of Registration. Upon receipt of a complete registration form, the City Clerk will
transmit the same to the Police Chief for approval. Every registration must bear the written
approval of the Police Chief to be valid. Within five days after such registration, the City Clerk
will provide the registrant with .a written certificate showing proof of registration.
Proof of Registration must be available for inspection by any person who may request.
•
Section ;1.J - PEDDLERS, SOLICITOT6 .�.\D TR-a�S1E1T �4ERC1?�\TS
1130.01 Def:::::o:,s. For P
P ur oses of this Section, the terms defined in this •
Subsection have the following meanings:
Subd. 1. "Peddler" means a person Nvho goes from house to house, f:on place
to place, or from store to store conveying or transporting goods, wares or
mercha d-:,se or offering or exposing the same for sale or making sales and
delivering articles to purchasers.
Subd. 2. "Solicitor" means a person who goes from house to house, from
place to place or from street to street soliciting or taking or attempting to take
orders for sale of goods, wares, merchandise or personal services for future
delivery or performance.
Subd. 3. "Transient Merchant" means a person who engages in any
temporary and transient business selling goods, wares and merchandise from
a building, structure, vacant lot, vehicle or trailer in a zoning district where it
is allowed by this Code.
1130.02 Registration Required. No peddler, solicitor or transient merchant shall sell
or offer for sale any goods, wares, or merchandise within the City unless registered
as provided in this Section. The nonrefundable registration fee is set forth in
' Section 615. Any peddler, solicitor or transient merchant dealing with merchandise
to be delivered to customers in Minnesota directly from points outside of Minnesota
is exempt from payment of the registration fee. Any person soliciting money,
donations or financial assistance for a religious or charitable organization or selling
merchandise for a fee on behalf of such an organization is exempt from payment of
the fee, but is required to register with the City.
1130.03 Conditions for Registration. Registration with the City Clerk must occur at
least five days prior to the date when the activity is to commence. Persons
registering must file with the City Clerk an accurate sworn registration statement bn
a form furnished by the City Clerk, giving the following information:
(a) Name and physical description of the applicant.
(b) Complete home and,local address of the applicant and, in the case of
transient merchants, the local address from which proposed sales will
be made.
(c) A brief description of the nature of the business and the product or
services involved.
11-5 •
(d) if ernp:o%,ed, the name and address of the employer, :oget:-e:
c,-edenna:s establishing the exact relationship.
(e) The dates and hours of the day during which the activity will be carried
on.
(f) The source of supply of any goods or property proposed to be sold or
orders taken for the sa_'e thereof, where such goods or products are
located at the time registration is filed and the proposed met-hod of
delivery.
(g) A statement as to whether or not the registrant has been convicted of
any crime, misdemeanor or violation of any crime, misdemeanor or
violation of any municipal ordinance of any municipality other than
traffic violations, the nature of the offense and the punishment or
penalty assessed.
(h) The last municipalities, not to exceed five, where the applicant carried
on business immediately.preceding the date of the application and the
addrtss from which such business was conducted in those
municipalities.
(i) Written statement of permission from fee owner of property where
transient sales are to be held.
1130.04 Exemptions. This Section does not apply to persons engaged in the
following activities:
(a) Selling personal property at wholesale to dealers in such property.
(b) Selling solely literature.
(c) Selling products of the farm or garden on the property. on which the
products are grown and cultivated. A person claiming this exemption
must submit a.written affidavit indicating that the products to be sold
were grown on property where the sales are occurring:
(d) Calling upon householders in connection with a regular route service
for the sale and delivery of perishable daily necessities of life such as
bakery products and dairy products.
(e) Calling upon householders at the request of the householders.
-� 11-6
1130.03 Proof of Registranon. Upon receipt of a cornp'.ete registration, the C'.erk %-.ill
transmit the same to the Chief of Police for approval. Every registration must bear •
the written approval of the Chief of Police to be valid. Within five days after such
registration, the City Clerk will provide the registrant with a written certficate
showing proof of registration.
1130.06 Registration Not Transferable. No registration is transferable from one
indi,%:dual to another. Each individual must be separately registered where more
than one individual is involved in the same type of activity even though associated
i%rith the same organization.
1130.07 Practices Prohibited. No peddler, solicitor or transient merchant is
permitted to call attention to the business or merchandise by crying out, blov'ing a
horn, ringing a bell, or by any loud or unusual noise. No peddler, solicitor, or
transient merchant is permitted to harass, intimidate, abuse, or threaten a person or
continue to offer merchandise for sale to any person after being told not to do so by
that person.
1130.08 Duration of Registration. Each registration will be valid only for the period
specified, and no registration may extend beyond the 31st day of December of the
year in which it is granted.
1130.09 Exclusion. Any person who wishes to exclude peddlers, solicitors or
transient merchants from his or her premises may place upon or near the usual
entrance to the premises a printed placard or sign bearing the following notice:
"Peddlers and Solicitors Prohibited"
Such placard must be at least 3 3/4 inches long and 3 3/4 inches wide and the
printing must not be smaller than 48 point type. No peddler, solicitor or transient
merchant may enter or attempt to enter in or upon any premises or attempt to enter
in or upon any premises where such placard or sign is placed.
1130.10' Revocation. Any registration may be temporarily suspended by the City
Manager or revoked by the Council for a violation of any provision of this Section.
Before.any temporary suspension or revocation occurs, the registrant will be
notified of the violation and will have the opportunity to respond to it.
1130.11 Compliance with Zoning. Transient merchants must comply with all
applicable provisions of the City's Zoning Code.
..� 11-7 .
•
STAFF REPORT
DATE: March 24, 1994
TO: Mayor and Councilmembers
FROM: Larry Hamer, Interim City Manager
• ITEM: 1994 STREET CONSTRUCTION - CHANGE ORDER #1
There are two vacant lots on Hilldale which do not have sewer stubs into the
property line. This must be done before the street is repaired.
RECOMMENDATION
Due to the depth of this sewer, I recommend approval of Change order #1
allowing the contractor to do this work.
•
March 22, 1994
Mr. Larry Hamer
Public Works Director
City of St. Anthony
3300 Silver Lake Road
St. Anthony, MN 55418
Re: 1994 Street and Watermain Improvements
St. Anthony, MN
RCM Project No. 10223.02
Dear Larry:
rieke
carroll
Her Enclosed you will find the agreement for Change Order No. 1 for the additional
gates,ina. sanitary sewer services. Please review and sign the agreement. Return the original
n ineers copy to me and I will forward it to Midwest Asphalt. A copy of the fully executed
architects
land surveyors agreement will be sent.to you after we receive the signed agreement from the
equal opportunity Contractor.
employer
Please call with any questions.
Sincerely,
;�A
Mark C. Anderson, E.I.T.
RIEKE CARROLL MULLER ASSOCIATES, INC.
MCA/ka
Enclosure
i
10901 red circle drive
box 130
minnetonka,.minnesota 55343
612-935-6901
fax 612-935-8814
CHANGE ORDER NO. 1
PROJECT: 1994 Street and Watenmain Improvements
OWNER: City of St. Anthony
TO: Midwest Asphalt Corporation
You are directed to make the changes noted below in the subject contract.
OWNER: CITY OF ST. ANTHONY
BY: BY:
Larry Hamer, Public Works Director M rk C. Anderson, Project Manager
DATE: DATE: 40" Vf�
NATURE OF CHANGE:
Furnish and install equipment and materials necessary for two (2)sanitary sewer services. Itemized
quantities are tabulated below:
Unit
Item Unit Quantity Price Amount
4" PVC Service Pipe LF 65 $9.50 $617.50
8" x 4" Saddle Wye EA 2 $200.00 $400.00
Connect to Existing Sewer Main EA 2 $600.00 $1,200.00
Total $2,21750
Original contract price $426,380.25
Net decrease resulting from this agreement $0.00
Net increase resulting from this agreement $2,217.50
Total contract price including this agreement $428,597.75
No adjustment of contract time will result from this agreement.
The above changes are approved:
Midwest Asphalt Corporation
Contractor r
BY: . ._ DATE:
w .
CITY OF ST. ANTHONY
RESOLUTION 94-028
A RESOLUTION APPROVING A SAFETY PROGRAM AND
SAFETY COMMITTEE BY-LAWS
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby
approves the Safety Program and Safety Committee By-Laws established for
every employee of the City of St. Anthony.
Adopted this day of , 1994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
Interim City Manager
• CITY OF ST. ANTHONY
RESOLUTION 94-027
A RESOLUTION DEFERRING SPECIAL ASSESSMENTS
FOR 1994 STREET IMPROVEMENT PROJECTS
WHEREAS, pursuant to Minnesota Statutes 435.193, special assessment installment payments
payable by senior citizens and persons retired by virtue of permanent and total
disability are deferred if payment of such installments would be a hardship; and
WHEREAS, the. City of St. Anthony's assessment policy for senior citizen deferrals has been
established for upgrading public roadways; and
WHEREAS, such policy defines it shall be presumed a hardship exists if the annual assessment
installment exceeds one percent (I%) of the previous year's Federal Income Taxes
total adjusted gross income; and
WHEREAS, the requirements of hardship have been met and verified by the Finance Director
of the City of St. Anthony; and
• WHEREAS, the applicants listed below are the owners of real estate located in the City of St.
Anthony.
NOW, THEREFORE, BE IT RESOLVED, that the following special assessments for the 1994
Street Improvement Project be deferred:
1) Willard N. Mohn $1,788.68
3201 - 32nd Avenue N.E.
St. Anthony, MN 55418
2) Conrad/Dorothea Kjeldahl $2,358.18
3216 - 32nd Avenue N.E.
St. Anthony, MN 55418
Adopted this day of , 1994.
Mayor
ATTEST:
City Clerk
• Reviewed for administration:
Interim City Manager
APPLICATION FOR DEFERMENT OF SPECIAL ASSESSMENTS
To the City Council of St Anthony, Minnesota. Applicant) being first duly
Willard N. Mo r - 266
e ep one:
deposes and states:
I. That Applicant is the owner of the following l estate located in the City
3201 d Avenue N E
of St Anthony, Minnesota.
2. Pursuant to Minn. Stat. S435.193, et. seq. and the St Anthony Assessment Policy,
Applicant requests deferral of the payment of special Assessment for the
1994 Street Reconstruction Improvement.
3. In support of this request, Applicant represents as follows:
a, Applicant is over 65 years of age;
b. Applicant is permanently and totally disabled as follows:
cU, applicant's adjusted gross income is $ 13 ,702-80
4. Applicant declares that the foregoing information is true and correct and agrees to
immediately inform the St Anthony City Administrator should any of the foregoing
information change, and agrees that if the deferral is granted, AppCcant will
immediately upon termination of the deferral pay to the City the deferred assessment
with interest.
Dated: February 17, 1994
Applicant
Subscribed and sworn to•
before me this 17thday
of February , 19 94
• Notary Public
CONNIE J.KROEPLIN
NOTARY PUBLIC• A7 IVSSOTA
® HENNEPIN CCUNTY
M,Corse Eip.A; Ic_; r
APPLICATION FOR DEFERMENT OF SPECIAL ASSESSNIE-N-M
To the City Council of St Anthony, Minnesota.
Conrad & Dorothea Kjeldahl (Applicant) being first duly
deposes and states:
1. That Applicant is the owner of the following described real estate located in the City
of St Anthony, Minnesota: 3216 - 32nd Avenue NE
2. Pursuant to Minn. Stat. S435.193, et. seq. and the St Anthony Assessment Policy,
Applicant requests deferral of the payment of special Assessment for the
1994 Street Reconstruction Improvement.
3. In support of this request, Applicant represents as follows:
a. Applicant is over 65 years of age;
b. Applicant is permanently and totally disabled as follows:
00 Cze
('Wn rid is evr.
C. Applicant's adjusted gross income is $ 12,144-90
4. Applicant declares that the foregoing information is true and correct and agrees to
immediately inform the St Anthony City Administrator should any of the foregoing
information change, and agrees that if the deferral is granted, Applicant will
immediately upon termination of the deferral pay to the City the deferred assessment
with interest.
Dated:
-'— A plicant
Subscribed and sworn to
before me this_J_day
of 19 F
&WA KATHERINE J.HAYES
NOTARY F4JX1C-6 NNIESOTA
HENNEPIN COUNTY
No Public 4 �4►�Fjres Apr•12,1M
r
CITY OF ST. ANTHONY
RESOLUTION 94-026
A RESOLUTION RATIFYING THE 1994-1995 AGREEMENT BETWEEN THE
CITY OF ST. ANTHONY AND INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS, LOCAL 3486, REPRESENTING THE
ST. ANTHONY FIRE DEPARTMENT
BE IT RESOLVED, that the 1994-1995 Agreement between the International Association of Fire
Fighters, Local 3486, representing the St. Anthony Fire Department, and the City of St. Anthony
is hereby ratified and the Mayor and Interim City Manager are authorized to execute the
Agreement on behalf of the City.
Adopted this day of
Mayor
ATTEST:
City Clerk
Reviewed for administration:
Interim City Manager
•
AGREEMENT
BETWEEN
CITY OF ST. ANTHONY
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 3486 (ST. ANTHONY FIRE FIGHTERS)
January 1 , 1994 - December 31 , 1995
• 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 7
8. SENIORITY 7
9. DISCIPLINE 8
10. WAGE SCHEDULE 9
11 . SCHOOLS AND TRAINING SESSIONS 10
12. PROMOTION 10
13. CLOTHING MAINTENANCE ALLOWANCE 11
14. VACATION SCHEDULE 11
15. SEVERANCE SCHEDULE 12
16. SICK LEAVE/SICK LEAVE BANK 13
17. HOLIDAYS 14
18. FUNERAL LEAVE 15
19. HOSPITAL AND GROUP INSURANCE 15
20. SHIFT EXCHANGE 16
21 . LONGEVITY 16
22. NON-DISCRIMINATION 16
23. CALL-BACK 16
24. DURATION 17
LABOR AGREEMENT BETWEEN
THE CITY OF ST. ANTHONY
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 3486 (ST. ANTHONY FIRE FIGHTERS)
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.
St.. Anthony Fire Fighters
Union Agreement
Page 2
3. DEFINITIONS,
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
g
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.
3.10 Fire Ca twain: 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.
St. Anthony Fire Fighters
Union Agreement
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.
I
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.
St. Anthony Fire Fighters
• Union Agreement
Page 4
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:
4.4.1 . investigate and pursue grievances,
4.4.2. attend negotiation meetings,
4.4.3. consult with EMPLOYER representatives,
44.4. 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,
II
St. Anthony Fire Fighters
Union Agreement •
Page 5
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
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.
St. Anthony Fire Fighters-
Union Agreement
Page 6 -
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
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.
St. Anthony Fire Fighters
Union Agreement
Page 7
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.
i
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
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.
•
St. Anthony Fire Fighters
iUnion.Agreement
Page 8
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 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.
9r.3--Discharges wi#f-D'e 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.
St. Anthony Fire Fighters
Union Agreement •
Page 9
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 provided in
Step 4 of Article 6 of this AGREEMENT.
9.6. EMPLOYEES may examine their own individual personnel files
reasonable times under the direct supervision of the EMPLOYER.
10. WAGE SCHEDULE.
10.1 . EMPLOYEES working out of classification will receive Five Dollars
($5.00) additional per shift where such out of classification duties
exceed eight hours of shift. Accrued pay for such work will be
made annually.
10.2. Hourly salary for Fire Fighter/FEO and Captain shall be as follows:
1994 Hourly •1995 Hourly_
CAPTAIN $13.37 $13.77
FIRE FIGHTER
After three years $12.80 $13.18
After two years $12.48 $12.85
After one year $12.16 $12.52
After six months $11 .82 $12.17
Start $11 .53 $11 .88
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
St. Anthony Fire Fighters
Union Agreement
Page 10
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.
10.6. For the purpose of computing overtime compensation, overtime
hours worked shall not be pyramided, compounded or paid twice
for the same hours worked.
10.7. Overtime will be calculated to nearest fifteen (15) minutes.
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.
St. Anthony Fire Fighters
Union Agreement
Page 11
13. CLOTHING ALLOWANCE,
13.1 . All Fire Department EMPLOYEES shall be allowed $285.00 per
year for necessary clothing/supplies/maintenance.
13.2 EMPLOYEES will receive reimbursement for such expenditures
after receipt of purchase is furnished to the City Finance
Department.
13.3. The EMPLOYER is to furnish over and above the Clothing
Allowance, all protective firefighting clothing and gear, including
badges, patches, rank insignia, etc..
13.4. Any changes or additions to protective fire fighting clothing
required by City, State or Federal agencies shall be the
EMPLOYER'S responsibility to conform.
13.5 The EMPLOYER will repair or replace eyeglasses necessary to the
EMPLOYEE'S performance of duties when eyeglasses are t
damaged or lost in the line of duty.
14. VACATION SCHEDULE,
14.1 . The vacation schedule shall be as follows:
56 hour average duty week EMPLOYEE's will receive per year:
After six months of completed service 96 hours
After one year of completed service 168 hours
After five years of completed service 216 hours
After ten years of completed service 264 hours
After fifteen years of completed service 312 hours
14.2. EMPLOYEES over five (5) years of completed service may accrue
vacation leave balance up to one.and one-half (1-1/2) times that
acquired annually.
14.3. EMPLOYEES with less than five (5) years of completed service
may accrue vacation leave balance up to one (1) times that
acquired annually.
St. Anthony Fire Fighters
• Union Agreement
Page 12
14.4. Any vacation accrued in excess of that allowed in Section 14.2
or 14.3 must reduce their vacation balance to less than that
allowed in Section 14.2.or 14.3 after thirty (30) days written
notice from the EMPLOYER or will be forfeited, unless the City
Manager approves an excess balance.
14.5. No vacation leave shall be granted during the probationary period,
defined in Section 8.1 .3. Vacation leave will accrue during the
probationary period..
14.6. Vacation leave may be used as earned provided that the
Department Head has final approval of the time at which each
EMPLOYEE may take his vacation, giving preference to the senior
EMPLOYEE'S requests. If the EMPLOYEE splits his vacation time,
he shall be given preference on the basis of seniority for only the
first request of time.
14.7. Accrued vacation pay at time of termination of service or
retirement shall be calculated at the hourly rate in Section 10.2
of this Agreement.
14.8. Accrued,.but unused, vacation leave shall be paid to EMPLOYEES
upon termination of or retirement from employment.
14.9. EMPLOYEES taking vacation in the amounts of one week or more
may receive vacation pay in advance if pay day occurs during the
vacation period.
14.10. Vacation requests will be selected on the basis of seniority until
MARCH 15th of each year.
14.11 . Vacation leave shall be considered worked hours for the purpose
of determining eligibility for vacation, insurance, holiday or
overtime benefits.
15. SEVERANCE SCHEDULE.
15.1 . Severance pay in the amount of fifty percent (50%) of
accumulated sick leave not to exceed a maximum of three
hundred sixty (360) hours shall be paid to all employees leaving
employment in good standing after one (1) year.
i
St. Anthony Fire Fighters
Union Agreement
Page 13
16: SICK LEAVE/SICK LEAVE BANK.
16.1 . Sick leave shall be granted when necessary for personal illness,
injury or legal quarantine. The. City Manager, at his discretion,
may require a doctor's certificate showing the nature and extent
of any injury or illness.
16.2. Sick leave with pay will be accrued by all EMPLOYEES at the rate
of one (1) shift for each calendar month of employment or major
fraction thereof.
16.3. Sick leave shall be granted when necessary for personal illness,
injury, legal quarantine of the EMPLOYEE, illness of the
EMPLOYEE'S spouse or the hospitalization of the EMPLOYEE'S
child or parent. If an EMPLOYEE is a single parent, or if a child of
the EMPLOYEE is ill and his/her attendance at home is necessary,
sick leave may be used by the EMPLOYEE.
16.4. During the probationary period described in Section 8.1 .3 of this
Agreement, sick leave may not be used.
16.5. Sick leave shall be allowed to accumulate to a maximum of one
hundred twenty (120) shifts.
16.6. An EMPLOYEE who is receiving Workers Compensation
payments, may be granted sick leave pay for the amount of the
difference between Workers Compensation payment and his/her
usual salary.
16.7. After any member of the Fire Department accrues sick leave to
the maximum allowed, all sick leave over the maximum will be
tabulated and credited to a sick leave bank list, which will be
kept on file in the City offices.
16.8. A committee, consisting of the City Manager and two (2)
members of the Fire Department shall be created and before any
member of the Fire Department can use any of the sick leave
from the bank, he/she must have the approval of the committee.
Under no circumstance shall anyone be allowed use from the sick
leave bank until their accrued sick leave has been used. The
committee shall have the authority to approve or deny use of the
• St. Anthony Fire Fighters
Union Agreement
Page 14
banked sick leave and to specify how much may be used by the
requesting EMPLOYEE.
16.9. Any individual EMPLOYEE shall not be able to use over two-thirds
(2/3) of the total balance of time in the sick leave bank during
any one year.
16.10. The City shall credit the sick leave bank each January 1 st, when
necessary, to keep the balance at thirty shifts until such time as
the EMPLOYEE'S have made contributions to the bank in excess
of thirty (30) shifts.
16.11 . EMPLOYEES will not be allowed to withdraw from the sick leave
bank until they have completed the probationary period described
in Section 8.1 .3 of this Agreement.
16.12. The sick leave bank shall be discontinued if the City provides a
long term disability program for members of the Fire Department.
16.13. The City will provide the Union a report of the status of the sick
leave bank and balance(s) in January of each year after Section
16.10 has been complied with.
17. HOLIDAYS.
17.1 . All full-time, permanent and probationary
EMPLOYEES shall observe the following
twelve (12) paid holidays each year:
17.1 .1 . New Year's Day January 1
17.1 .2. Martin Luther King Day - third Monday in January
17.1 .3. President's Day - third Monday in February
17.1 .4. Good Friday - Friday preceding Easter Sunday
17.1 .5. Memorial Day - last Monday in May
17.1 .6. Independence Day - July 4
17.1 .7. Labor Day - first Monday in September
17.1 .8. Christopher Columbus Day - 2nd Monday in October
17.1 .9. Veteran's Day - November 11
17.1 .10. Thanksgiving Day-- fourth Thursday in November
17.1 .1 1 . Friday following Thanksgiving 'Day
17.1 .12. Christmas Day - December 25
St. Anthony-Fire Fighters
Union Agreement ,
Page 15
17.2. These holidays may be:
17.2.1 . taken off, unless theEMPLOYER cannot cover the shift
without the EMPLOYEE who is requesting time off;
17.2.2. or the EMPLOYEE will receive the extra pay for the
holiday;
17.2.3. or the EMPLOYEE may take another shift off with pay
within 30 days of the holiday at the option of the
EMPLOYEE.
17.3. If the EMPLOYEE options 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.
18. FUNERAL LEAVE.
18.1 . 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 sick leave.
18.2. 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 sick leave.
19. HOSPITAL AND GROUP INSURANCE.
19.1 . The EMPLOYER will pay up to $295.00 in 1994 and up to
$320.00 in 1995 per EMPLOYEE per month for employees group
surgical/medical and $10,000 life insurance policies and
dependents surgical/medical group insurance policy.
20. SHIFT EXCHANGE.
20.1 . EMPLOYEES may exchange duty shifts with another employee
provided that such exchange does not subject the EMPLOYER to
liability for additional overtime compensation by virtue of such
trading of shifts.
St. Anthony Fire Fighters
Union Agreement
Page 16
20.2. 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.
20.3. Notification and approval of the supervisor must be obtained not
less than 48 hours prior to the scheduled shifts to be exchanged.
20.4. 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.
21 . LONGEVITY.
21 .1 . EMPLOYEES shall receive longevity pay according to the
following:
21 .1 .1 . After seven years
$50.00 per month.
22. NON-DISCRIMINATION.
22.1 Neither the Union nor the EMPLOYER shall discriminate against
any EMPLOYEE on any basis prohibited by law.
23. CALL-BACK.
23.1 . EMPLOYEES called back to work under conditions defined in
Section 3.2 will receive a minimum of one (1) hour of overtime
pay.
24. DURATION.
This Agreement shall be effective as of January 1 , 1994 and shall remain
in full force and effect until December 31 ,1995.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on this day of 1994.
St. Anthony Fire Fighters
Union Agreement
Page 17
CITY OF ST. ANTHONY INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL #3486
Its Mayor Its President
Its City Manager Its Vice President