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HomeMy WebLinkAboutCC PACKET 12132005H.R.A. Meeting immediately Following Council Meeting CITY OF ST. ANTHONY Our Mission is to be progressive and livable community, a walkable village, which is safe and secure. CITY COUNCIL MEETING AGENDA December 13, 2005 7:00 pm Council Chambers Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on all of the following items: . Approval of the December 13, 2005, City Council Meeting Agenda. (action requested.) . Proclamations, Recognitions and Presentations. A. Fire Prevention Week Poster Contest Winner III. Consent Agenda. (These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda.) A. Approval of November 22, 2005, Council Meeting and. November 8thCanvas Board minutes. (p• 1-7) B. License and Permits. (p. 8) C. Claims. (p. 9-10) D. Resolution 05-093; City Manager's Salary (p. 11) IV. Public Hearings. None. V. Reports from Staff/Commissions. None. VI. General Business of Council. (action requested on all items) A. Resolution 05-094; Approving the 2006 Tax Levy and Budget (p. 12-31) B. Resolution 05-095; Appointing Park Commission Member (p. 32-33) C. Resolution 05-096; Appointing Planning Commission Members (p. 34) D. Approving the Union Contracts including salaries and benefit packages for 2006 and 2007. 1. Resolution 05-097; Contract with Law Enforcement Labor Services, Inc., Local 186. (p. 35-48) 2. Resolution 05-098; Contract with International Union of Operating Engineers, Local 49. (p. 49-73) 3. Resolution 05-099; Contract with International Association of Fire Fighters Local 3486. (p. 74-89) VII. Reports From City Manager and Councilmembers. VIII. Community Forum. Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report of direct the matter to be scheduled on an upcoming agenda. IX. Information and Announcements. X. Miscellaneous Informational Documents. man=9 Idel-11twill 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 NOVEMBER 8, 2005 4 5 CALL TO ORDER, 6 Mayor Faust called the meeting to order at 8:00 p.m. 7 8 PLEDGE OF ALLEGIANCE. 9 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 10 11 ROLL CALL. 12 Present: Mayor Faust; Councilmembers Gray, Horst, Stille, and Thuesen. 13 Absent: None. 14 Also Present: City Manager Mike Mornson and City Attorney Jay Lindgren. 15 16 17 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 18 ITEMS. 19 20 I. APPROVAL OF NOVEMBER 8, 2005 CITY COUNCIL MEETING AGENDA. 21 Motion by Councilmember Horst, seconded by Councilmember Stille, to approve the City 22 Council Meeting Agenda of November 8, 2005. 23 24 Motion carried unanimous 25 26 II. PROCLAMATIONS AND RECOGNITIONS. 27 None. 28 29 III. CONSENT AGENDA, 30 A. Consider October 25, 2005 Council meeting minutes. 31 B. Consider licenses and permits. 32 C. Consider payment of claims. 33 D. Resolution 05-087, re: deferring special assessment for 2005 street improvement project. 34 35 Mayor Faust requested on page 3, line 22, of the October 25, 2005 Council meeting minutes it 36 state "December 31, 2006..0" 37 38 Motion by Councilmember Gray, seconded by Councilmember Thuesen, to approve the Consent 39 Agenda items. 40 41 Motion carried unanim®usiy. 42 43 IV. PUBLIC HEARINGS, 44 None. 45. 46 V. REPORTS FROM COMMISSION AND STAFF. 47 None. 48 City Council Regular Meeting Minutes Noven ber 8, 2005 Page 2 1 VI. GENERAL POLICY BUSINESS OF THE COUNCIL. 2 A. Police Chief John Ohl presentation 3 i. Swearing in of Officers. 4 Mr. Ohl stated there has been a 25% change in the police department with two new 5 officers, a new sergeant, and a new'captain. He introduced and provided a brief 6 background of newly promoted Sergeant Mangstaff, an 11 -year veteran of the 7 department. He introduced and provided a brief background of newly promoted Captain 8 Antonio, a 19 -year veteran and first DARE officer of the department. 9 10 Mr. Ohl introduced and provided a brief background of Mr. South. Mr. South was sworn 11 in. 12 13 Mr. Ohl introduced and provided a brief background of Mr. Wilson. Mr. Wilson was 14 sworn in. 15 16 Mayor Faust congratulated the officers and told them to be safe, be sure, and do their job. 17 He added it is important to televise the swearing -ins to show residents the City now has 18 two new officers on duty. He thanked the parents for supportively giving their sons. 19 20 ii. Updates. 21 None. 22 23 B. North Suburban Cable Commission presentation. Clarence Ranallo, Cable Commission 24 representative presenting, 25 Mr. Ranallo stated a cable franchise fee was established throughout the City. He indicated 26 Channels 15 and 16 are for City use and Channel 19 is for the school district. Items such as 27 sports games and parades have been televised. Presently 49.2% of St. Anthony residents use 28 cable television. A wi-fi network for internet service for the City was previously discussed; 29 however, cities cannot receive an access fee. City and Staff will be invited for a meeting later 30 this year. He stated $3,500 has been raised to wire the high school auditorium, but another 31 $1,500 is still needed. A future item needed is a character generator, which costs about $3,500. 32 He added he would volunteer to host shows but would need two volunteers to run the cameras. 33 34 Mayor Faust asked if it was appropriate to put a request for volunteers in the newsletter. Mr. 35 Mornson replied yes. 36 37 Mayor Faust asked about wiring the school board to cable broadcast. Mr. Ranallo replied the 38 board has been told they can use some of the franchise money and have also suggested they use 39 the City Hall building and equipment. 40 41 Councilmember Stille asked if 49.2% of residents using cable is a good percentage. He added 42 residents can access free cable, too. Mr. Ranallo replied the newsletter has published numbers 43 on how to get free cable. He added 49.2% is a bit low but with satellite dishes it could increase. 44 a City Council Regular Meeting Minutes November 8, 2005 Page 3 1 C. Consider Resolution 05-088, re: Phase 2 Silver Lake Village, Stacie Kvilvang, Ehlers and 2 Associates. 3 Stacie Kvilvang reviewed the development proposal and terms of development agreement with 4 the Council and indicated that Phase IIA will be comprised of 26 town homes and start in June 5 2006, Phase IIB will be comprised of 90 senior housing units and will start in June 2007, and 6 Phase IIC will be comprised of 55 housing units and will start in June 2008. There are seven 7 properties that will need to be acquired. The total project cost is approximately $8 million. 8 Phase II is pretty much identical to Phase I, which was approved. She reviewed land use and 9 development controls, property acquisition, and tax increments. The Phase II development will 10 generate approximately $6.2 million in tax increments and will require approximately $5.8 11 million. The interfund loan reimbursement will be made in the maximum amount of $1 million 12 at the discretion of the HRA. She reviewed the below market profit TIF assistance increase, look 13 back provision, condemnation, advancement and reimbursement to redeveloper, master 14 developer fee, default, and Phase II development budget. 15 16 Councilmember Stille asked how the development proposal compares to the design framework 17 manual for the project. Ms. Kvilvang replied it is in line with what the community wants to see 18 in terms of value. 19 20 Councilmember Stille asked regarding the interfund loan what does proof of financing actually 21 mean. Ms. Kvilvang replied the developer must provide proof of committed bank financing. 22 23 Mr. Mornson stated the interfund loan maximum amount is $1 million. Ms. Kvilvang replied 24 that is correct, it is repaid through several financing sources, including the sellback of Don's Car 25 Wash, future tax increments, and any excess tax increments from the development. 26 27 Mr. Mornson asked if there would be a TIF note for each phase. He also asked for clarification 28 on the Phase IIA start date of June 2006. Ms. Kvilvang replied there would be a TIF note for 29 each phase. She added in June 2006 the developer would request building permits. 30 31 Councilmember Stille asked if all three sub -phases are encompassed in the development 3.2 agreement. Ms. Kvilvang replied correct; but Phase IIC can be refined based on the market. 33 34 Councilmember Thuesen. asked what is a patio home. Ms. Kvilvang replied usually a town home 35 but with a higher value of approximately $350,000 each. 36 37 Mayor Faust indicated two properties have purchase agreements and asked if independent 38 appraisals have been done. Ms. Kvilvang replied she would refer the question to the developer. 39 40 Councilmember Stille asked the timeframe to pay back the TIF notes. Ms. Kvilvang replied 41 everything is set up on a 26 -year district; however, the time has shortened so probably 24 years. 42 43 Mr. Mornson asked if there would be one TIF note encompassing Phase I and Phase II. Ms. 44 Kvilvang replied they would be underwritten as two separate notes due to financial risks. 45 46 Councilmember Stille asked about acreage. Ms. Kvilvang replied Phase IIA is about 2.5 acres, 47 Phase IIB is about 1.5 acres, and Phase IIC is about 3/4 acres, for a total of about 4 3/4 acres. City Council Regular Meeting Minutes November 8, 2005 Page 4 2 Mr. Pratt noted during conversations with potential customers, they indicated they did not care 3 for stairs; therefore, the patio homes are one -level homes with a town home lifestyle where items 4 such as the grounds are managed by the association. He showed style and floor plan examples. 5 6 Mayor Faust asked if on the two properties that offers have been made, have there been certified 7 independent appraisals done. Mr. Pratt replied experts, including appraisers and owners of 8 typical properties, have been relied on, although no certified appraisal has been done. He added 9 offers have been presented and it is now up to the sellers to counter and if there is a difference 10 then certified appraisals can be added as a negotiation tool for the price. 11 12 Mayor Faust suggested, because it is a legal document, on the development agreement, page 4, 13 item F, information needs to be added about certified appraisals before moving forward. Ms. 14 Kvilvang replied before a condemnation is brought to Council there would be an appraisal to 15 review the price. Mr. Gilligan replied there is additional language in the actual development' 16 agreement that states Council has a review of all documents including costs. He asked if the 17 appraisal be required for condemnation or for privately required parcels, too. Mayor Faust 18 replied just for eminent domain, to be used judicially. 19 20 Councilmember Thuesen agreed it should be added to the agreement. 21 22 Councilmember Stille stated he could go either way because appraisals will be done, but adding 23 the language memorializes it. 24 -25 Motion by Councilmember Horst, seconded by Councilmember Gray, to adopt Resolution 05- 26 088, re: Phase 2 Silver Lake Village with the addition of certified appraisals. 27 28 Motion carried unanimously® 29 30 D. Consider Ordinance 05-013, re: park dedication fees. (third reading) 31 Mayor Faust reviewed the ordinance with the Council and indicated that this is the third reading 32 to amend park dedication fees, which allows the City to become more in line with the going rate. 33 34 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to adopt Ordinance 05- 35 013, re: park dedication fees. 36 37 Motion carried unanimously. 38 39 E. Consider Ordinance 05-014, re: wine and 3.2 malt liquor combination license. (third 40 reading) 41 Mr. Mornson reviewed the ordinance with the Council and indicated that this will allow 42 businesses with an on -sale wine license and an on -sale 3.2 malt liquor license to sell intoxicating 43 malt liquor without an additional license. There currently are two businesses in the City this 44 would apply to. He added businesses would need 60% in food sales, which is set by state statute. 45 46 Motion by Councilmember Stille, seconded by Councilmember Horst, to adopt Ordinance 05- 47 014, re: wine and 3.2 malt liquor combination license. 51 City Council Regular Meeting Minutes November 8, 2005 Page 5 1 2 Motion carried unanimously. 3 4 F. Consider Ordinance 05-015, re: fees for combination liquor license. (third reading) 5 Motion by Councilmember Gray, seconded by Councilmember Thuesen, to adopt Ordinance 05- 6 015, re: fees for combination liquor license. 7 8 Motion carried unanimo sly. 9 10 G. Canvas Election Results. 11 Barb Suciu, City Clerk, announced the election results. Regarding the four-year Council term — 12 Stille received 1,200 votes and Thuesen received 1,066; regarding the two-year Council term — 13 Gray received 1,185 votes. Total votes cast were 1,545, which is a26% turnout in the precincts. 14 15 Motion by Councilmember Horst, seconded by Mayor Faust, to accept the election results. 16 17 Motion carried unanimously. 18 19 Barb Suciu, City Clerk, announced the unofficial results for school board — David Evans 20 received 1,104 votes, Barry Kinsey received 1,100 votes, and Leah Slye received 1,115 votes. 21 She added regarding the referendum question yes votes were 1,041 and no votes were 490. 22 23 Mayor Faust requested the Clerk thank the election judges. He congratulated the re-elected 24 Council members. 25 26 VII. REPORTS FROM CITY MANAGER AND COUNCILMEMERS. 27 City Manager Mornson reported the following: 28 0 Proposals for auditing services will be presented on November 22. 29 0 Staff is negotiating with Nextel for a lease on the water tower. 30 0 A feasibility study will be done regarding wireless internet for the City. 31 0 The Park Commission is working with architects regarding Emerald Parks. 32 33 Councilmember Horst stated last Thursday at the Community Services Board meeting they 34 reviewed the 2005-2006 budget cycle. He added last night he attended the Sister City Annual 35 meeting. 36 37 Councilmember Stille stated on October 30 he attended the Faith United Methodist Church 38 dedication service; they remodeled their facility and put a time capsule in the cornerstone. He 39 thanked the Church for acknowledging the efforts of redevelopment. He thanked the citizens for 40 their vote and for placing signs in their yard. 41 42 Councilmember Thuesen stated tomorrow he is attending the Ramsey County Task Force 43 meeting, where they are starting to put together recommendations to pass along to the library 44 board. He thanked the citizens for their vote. 45 46 Councilmember Gray thanked the citizens for their vote. 47 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 City Council Regular Meeting Minutes November 8, 2005 Page 6 Mayor Faust indicated that on November 1 he attended the Mississippi Water Management Organization meeting, where they suggested rain gardens on public property be reviewed. On November 2 he attended the Chamber of Commerce Board meeting. The Christmas lighting contest will be judged on December 15; there will be more information on the website, in the newsletter, and at the .front office. Last night he attended the annual meeting of the Sister City Association, and provided a presentation regarding his recent trip. He suggested a Nokia representative from Salo travel with them. He added information regarding emergency planning will be coming out in the newsletter to help residents prepare for emergencies. A surprise tabletop exercise will be held next year to test the system for flaws. VIII. COMMUNITY FORUM. Mayor Faust invited, residents to come forward at this time and address the Council on items that are not on the regular agenda. Hearing none, Mayor Faust moved forward with the agenda. Ix. INFORMATION AND ANNOUNCEMENTS. None. INFORMATIONALX. MISCELLANEOUS DOCUMENTJ None. XI - XI. JOUR.NMENT. Chair Faust adjourned the meeting at 9:30 p.m. Respectfully submitted, Cheryl Felix TimeSaver Off Site Secretarial, Inc. ATTEST: City Clerk Mayor Motion carried unanimously. ns CITY OF ST. ANTHONY MINUTES OF CANVASS OF CITY ELECTION RESULTS November 8, 2005 The meeting was called to order at 8:20 PM for the purpose of canvassing the November 8, 2005 City Council results. Present: Faust, Horst, Gray, Stille, Thuesen Absent: None The following report was presented to the Canvassing Board: 2005 ELECTION RESULTS Precinct 1 H Precinct 2H Precinct 1 R Total Councilmember (4 year term Randy Stille 313 688 199 1200 Brian Thuesen 257 612 197 1066 Write -Ins 20 41 5 66 Councilmember (2 year terml Hal Gray 299 682 204 1185 Write -Ins 6 7 3 16 The total number of votes cast were 1545 Motion by Board Member Horst, seconded by Board Member Faust, to approve and certify to Hennepin and Ramsey Counties the City of St. Anthony election results of November 8, 2005. Motion carried unanimously. Motion by Board Member Horst, seconded by Board Member Faust, to adjourn the meeting at 9:25 PM. Respectfully submitted, Barb Suciu, City Clerk ATTEST: Clerk CERTIFICATION Motion carried unanimously. Chair, Canvassing Board II Saint Anthony Village DATE: Dec 13, 2005 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: Heating Contractor License: Air Mechanical, Ham Lake, MN Statewide Gas Services, Waconia, MN General Contractors License: Glassblock Guys, Rockford, MN Pioneer Tree & Landscape, Pierz, MN S & S Tree I and Horticultural Specialists, South St. Paul, MN Temporary 3.2 Beer and Wine License: St. Charles Borromeo, February 19, 2006 St. Charles Borromeo, February 26, 2006 ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE _ 12/07/2005. 09: Check Register GL540R-VO6..70 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT S FIRS BREMER BANK NA 0000.20 AA BATTERY CO 26162 12/14/05 67.04 ` 008242 AFFILIATED'COMPUTER SERV 26163'12/14/05 332.28 008471 AIRGAS NORTH CENTRAL 26164 12/14/05 89.14 008621 ALLIANCE MECHANICAL 26165 12/14/05 2,999.00 008945 ANCOM.TECHNICAL CENTER 26166.12/14/05 9.59 008450 ANIMAL CONTROL SERVICES, 26167 12/14/05 165.00 008863 ANTILLA/RYAN. 26168. 12/14/05 162.52 008909 .ARCH WIRELESS •26169 12/14/05 22.14 007048 BARTON SAND. AND GRAVEL'. 26170 12/14/05 1,107.69. 007332 DAUER BUILT INC. 261.71 '12/14/05 120..03 008555• BIFFS, INC. 26172.12/14/OS 54.11 007386 CASTLE INSPECTION SERVIC 26173.12/14/05 8,474.33 000610 CATCO 26174.12/14/05 242.95 0023.80 CENTERPOINT ENERGY MINNE 26175 12/14/05 •4,831.79 008577 CITY OF ST.•PAUL 26176 12/14/0569.03 004107 COMPTON''S COMMERCIAL CLN 26177 12/14/05 4,169.48 008736 CREATIVE FORMS & CONCEPT 26178 12/14/05 117.'91 007178 D -ROCK CENTER & SMALL EN 26179 12/14/05 12.03 000785 DALCO 26180 12/14/05 50.20 ' 000800 DAVIES WATER EQUIP CO. 26181 12/14/05 324.92 :009227 DELTA. MEDICAL SUPPLY GRO 26182 1,2/14/05 29.48 007371 DISCOUNT STEEL, INC. 26183 12/14/05 10.70 000820 DORSEY & WHITNEY 26184 12/14/05 005122 DRUSCH/DONALD .26185 12/14/05 .2,•062.50 375.70 008921 DYNAMEX 26186 12/14/05 43.73 .00001.' ECKLUND/STEVE •26187 12/14/05 1,361.70 008001 EMERGENCY MED PRODUCTS 26188 12/14/05 1,537.19 .008251 FAUST/JERRY 26189 12/14/05 332.72 008153 FILTERFRSH 26190 12/14/05 52.87 _ 005251 FIRE INSTRUCT.ASSOC OF M 26191 12/1.4/05 298.20 009229 FIRSTLAB 26192 12/14/05 73.00' .008G47 FRATTALLONE'S HARDWARE 26193 12/14/05 109.1.7 001030 G & K SERVICES INC.,* 26194 12/14/05 644.41 007335 G C R 26195 12/14/05 1,033.05 008120 GENERAL OFFICE PRODUCTS •26196 12/14/05 680.41 .00002 GONIER/LINDA 26197 12/14/05 7.45 001420' HAWKINS WATER TREATMENT 26198 12/14/05 693.75 008221' HEDBACK,ARENDT, & CARLSO 26199 12/14/05 5,000.00 - 008944 HENN CNTY INFO TECH DEPT 26200 12/14/05 1,392.12 009204 HENRY SCHEIN, INC. 26201 12/14/05 41.00 .00001 HERTOG/LEO & DOLORE'S • 26202 12/14/05 400.00 008252 HOME DEPOT CREDIT SERVIC 26203 12/14/05 91.28 - 009225 HSBC BUSINESS•SOLUTIONS 26204 12/14/.05 5.00 009233 INDUSTRIAL LADDER & SUPP 26205.•12/14;/05 440.00 007352 KATH FUEL OIL SERVICE 26206 12/14/05 833.95 009221 LANGER'S TREE -SERVICE • 26207 12/14/05 756.15" 007392' LARSON COMPANIES 26208 12/14/05 11..59 002040 LILLIE SUBURBAN NEWSPAPE 262'09 12/14/05 704_48 004233• LMCIT. %•BERKLEY RISK SE 2621.0 12/14/05 20,326.75 008229 LOFFLER BUSINESS SYSTEMS 26211.,12/14/05 362.31 002100 MACQUEEN EQUIPMENT CO 26212'12/14/05 279.16 ' 008226 MANGSETH/JON 26213 12/14/05 32.00 002160 MARSHALL CONCRETE PROD 26214 12/14/05 487.73 008263 MCLEOD USA, INC. 26215 12/14/05 226.14 008245 METRO FIRE 26216 12/14/05 738..48 007835 METROCALL. 26217 12/14/05 251.15 002240 METROPOLITAN COUNCIL' 26218 12/14/05 35-,3.36•.23 002280 MIDWEST ASPHALT CORP 26219 12/14/05 1340.25 005010 MILAN CONWAY FIRE & SAFET 26220.12/14/O5 59.73 009228 MINNESOTA DARE,- INC. . 26221 12/14/05 100.00' ' 007131 MINNESOTA DEPT OF HEALTH 26222 12/14/05 2,935.00 008269 MINNESOTA SHREDDING LLC 26223 12/14/.05 19.00 0'09226 MPWA 26224- 12/14/05 199.00 005232 MURPHY' -S SERVICE CENTER 26225 12/14/05 82.18 007159 NAPA AUTO PARTS 26226.12/14/05 15.96 _00003. NATIONAL WATERWORKS INC' 26227 12/14/05 26.86 008326 NEWMAN TRAFFIC SIGNS 26228 12/14•/05 251.92 008993 NEXTEL COMMUNICATIONS 26229 12/1.4/05 265.17 007312. 'NORTH AMERICAN -SALT COMP 26230'12/14/05 2,66'1.32 000045 OFFICE DEPOT 26231 12/14/05 15.74 0.08528• PACE ANALYTICAL SERVICES 26232 12/14/05 311.00 007366 PARTS MIDWEST, INC. 26233 12/14/05 21.44 008805 PETTY CASH - BREMER BANK 26234 12/14/05 160,88 008499 PIONEER RIM AND WHEEL CO 26235 12/14/05 5.07 007057 PRAXAIR 26236 12/14/05 37.76 009234 PROFESSIONAL SERVICE & S 26237 12/14/05 198.00 009139 PROPERTY KEY, INC. 26238 1.2/14/05 50.00 008963 REED BUSINESS INFORMATIO 26239 12%14/05 347.44 009230 ROYAL TIRE INC 26240 12%14/05 321.00 00004 SA 1 663.00 009040 SEUME1PEGGY PHOTO DISTRIBUTORS 26242 12%14%05 29.9.99 009231 SEITZ BROS 26243 12/14/05 1.,145.80 008725 SITARZ/MARK 26244 12/14/05 73.70 008214 SNYDER DRUG 26245 12/14/05 5.04 008344 SPIESS/JEFF 26246 1.2/14/05 45.00 .00006 ST PAUL LINOLEUM/CARPET .26247 12/14/05 4,307.00 001810 ST. ANTHONY VILLAGE KIWA• 26248 12/14/05 88,00 009137 STATE OF MINNESOTA 26249'12/14/05 708.48 009138 STILLE/RANDY 26250 12114/05 371.08 003490 STREICHER'S 26251 12/14/05 139.05 008382 SUN BADGE CO. 26252 12/14/05• '213.25 003260 " T A SCHIFSKY & SONS. 26253 12/14/05 74.23 .00005 THOMPSON/LESTER 26254 12/14/05 .21.30 008546 THUESEN/BRIAN 26255 12/14/05 326.54 007337 TIMESAVER OFF SITE SECRE 26256 12/14/O5 363.75 008222 TKDA• ENGINEERS 26257 12/14/0'5 2'19.40 ~008907 008997 TOUSLEY FORD' TRUGREEN CHEMLAWN'. 26258 12/14/05 72..08 004481 TWIN CITY JANITOR SUPPLY 26259.3,2/14/05 26260 12/14/05 1,139:55 257.03 008859 ,008010 U.S. BANK UNIFORMS UNLIMITED 26261 12/14/05 26262 12/14/05 250.00 667.00 008270 UNITED STATES POSTAL SER 26263,'12/14/05 600,00 009186 008227 VASKO SOLID'WASTE VERIZON WIRELESS 26264 12/14/05 1,050.49 004494 WASTE'MANAGEMENT - BLAIN 26265 12/14/05 26266 12/14/05 395.91 445.93 •008273 002680 WSB & ASSOCIATES, INC. XCEL ENERGY 26267 12/14/05 42,961.87 009145 XPRESS GRAPHIX SIGN SUPP 2626-8 12/14/05 26269 12/14/05 9,237.68 41.22 007325 YOCUM OIL COMPANY, INC. 26270 1.2/14/05 12,789.65 BREMER BANK NA 3.88,880.47* ACS FINANCIAL SYSTEM 12/06/2005 14: Checl Register GL54ST.ANTHONY VILLAGE 7 0 PAGE BANK VENDOR CHECK# DA'T'E . 1 AMOUNT LIQR LIQUOR CHECKING ACCOUNT 009058 008794 AMERICAN BOTTLING COMPAN. ARCTIC GLACIER INC. 25185 12/14'/05 004293 009173 BELLBOY CORP. BERLSON IMPORTS 25186 121405 25187 12/14//05 .124.80 361.76 71156.51 009148 009100.. . BRW ENTERPRISES25188 CAT 12/14/05 --25189 12/14/05 175.00 171.00. 004080CHISAGO & FIDDLE BEVERAGE LAKES DIST. CO, 25190 12/14/05 12/14/05 62.00 41739'.36 008216 004085 LINGULAR WIRELESS CITY OF ST ANTHONY .25191 25192 12/14/05 114.87 004095 009017 COCA COLA ENTERPRISES IN., DIVINE WINE 2.5193 12/14/05 25194 22/14/05 .74,154:71 920.1'0 008.557 008219 DISTRIBUTORS DAILEY DATA & ASSOCIATES 25195 12/14/05 25196 12/14/05 408.00 004120 DE.X MEDIA EAST EAGLE WINE CO 25197 12/14/05 125.00 204.2 1 004125 004135 EAST SIDE BEVERAGE CO ELECTRO 25198 12/14/05 25199 12/14/05 5,642.89 36;01.2.90 008697 WATCHMAN INC EXTREME BEVERAGE � -25200 12/14/05 /14/05 05 339.47 363.00 008359 001030 FLAHERTY'S HAPPY TYME CO G & K SERVICES INC 25202 1225201 495.00 009102 004172 GRAND PERE-WINES, INC GRAPE 25203 12/14/05 25204 1,2/14/05 119.09 408.00 004175 BEGINNINGS, INC. GRIGGS COOPER & CO'INC 2.520512/14/05 25206 12/14/05 635.00 14,103,23 004207 004220 HOHENSTEINTS,-INC - JOHNSON BROTHERS LIQUOR 25207 12/14/05 2,902.75 004230 002040 KUETHER DISTRIBUTING CO LILLIE SUBURBAN NEWSPAPE. 25208 12/14/05// 05 27,724.60 48,202.02 008254 009114 LMCIT % BERKLEY ADMINIST M.• AMUNDSON LLP 25210 12/14/05 25211 12/14/05 / / 275.00 1,275.25 004265 009172 MARK VII SALES INC. 25212 12/14/05 25213 12/14/05 21945.98 23,252.00 - 009106 MORE DISTRIBUTING INC MT*GLOBAL 25214 12/14/05 27,00 009084. 008996 MUZAK - NORTH CENTRAL 25215. 12/14/05 25216 12/14/05 1,.143:28 49.58 008883 NEEDHAM DISTRIBUTING CO. NEW FRANCE WINE COMPANY 25217 .12/14/05 235.70 004354 004360 PAUSTIS & SONS PHILLIPS WINE 25218 12/14/05 /14/05 546.00 3142.25 004376 & SPIRITS PRIOR WINE CO 25220 12' / / 25221 12/14/05 20,289.40 51153.05' 008787 004385 PROMOTIONAL PAGES, INC. QUALITY WINE CO 25222 12/14/05 989.00 009119 RECHECK 25223 12/14/05 25224.12/14/05 221,375.48 008983 009072 SOULO DESIGN, INC SPECIALTY WINES & BEV. L 25225 12/14/05 30.00 390.00 009083 008824 ST. ANTHONY RETA.I-L DEVEL- 25226 12/14/05 25227 12/14/05 538.00 11474.06 008859 TRI -COUNTY BEVERAGE, INC U.S. BANK' 25228'12/14/05 149.50 008336 008270 UNITED ELECTRIC COMPANY 25229-12/14/05 25230 12/14•'/05 80, 931.25 111.72 008888 UNITED STATES POSTAL SER VALPAK OF MINNEAP©LI-S.-ST 25231 12/14/05 25232 1.2/14/05 100.00 11450.00 009121 008895 VER -TECH VERIZON DIRECTORIES `ORP 25233 12/14/05 125.99 •008316 008310 WINE COMPANY/THE '---�, 25234 12/14/05 25235 12/14/05 13.75 4,488.55 009126 WINE MERCHANTS INC � WINE SOURCE INTERNAIONAL 25236 12/14/05 25237 12/14/05 21955.10 00449 002680 WORLD CLASS WINES, -INC. XCEL ENERGY.. 2523812/14/05 256.00 690.00 -25239 12/14/05 21312.49 LIQUOR CHECKING ACCOUNT 4031380.65 *** 10 CITY OF ST. ANTHONY RESOLUTION 05-093 A RESOLUTION APPROVING 2006 SALARY OF MICHAEL J. MORNSON, ST. ANTHONY CITY MANAGER WHEREAS, the City of St. Anthony employs Michael J. Mornson as its City Manager; and WHEREAS, the City Council and the City Manager have agreed to a 2006 salary of $100,000. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony hereby authorizes an annual salary of $100,000 for City Manager Michael J. Mornson, effective. January 1, 2006. Adopted this 13th day of December, 2005. ATTEST: City Clerk Reviewed for administration: Mayor City Manager FACouncil Meetings\2005\12132005\Resolution 05city manager salary.doc CITY OF ST ANTHONY RESOLUTION 05-094 A RESOLUTION SETTING THE CITY OF ST. ANTHONY 2006 TAX LEVY AND BUDGET IN COMPLIANCE WITH THE TRUTH IN TAXATION ACT WHEREAS, State Law requires that the City of St. Anthony provide Hennepin and Ramsey Counties with a certified 2006 tax levy and budget; and WHEREAS, the City Council has reviewed the City Manager's 2006 Operating Budget and Tax Levy; and WHEREAS, the approval of the tax levy and budget was made contingent upon any revisions being allowed if the current law is modified; and WHEREAS, the General Fund levy is the same as the 2005 levy, and the approved levy is less than Minnesota Department of Revenues requirement_ to hold a Truth -in - Taxation public hearing; and WHEREAS, the information required for the City Council to determine a definitive tax levy was discussed at it December 13, 2005, Council Meeting. NOW,* THEREFORE, BE IT RESOLVED that: 1) The collectible 2006 property tax levy is: General Fund Property Tax Levy Road Improvement Levy Certificate of Indebtedness —Fire Truck Lease Revenue Bonds/Public Facilities Housing &Redevelopment Authority Levy Tax Abatement Levy -Central Park Bonds PERA Rate Increase Levy Total 2006 Tax Levy 2) The 2006 General Fund Budget totals $4,177,500 Adopted this L day of December, 2005 ATTEST: City Clerk Reviewed for administration: Mayor City Manager $2,488,357.00 $ 751,492.01 $ 88,100.00 $ 392,737.00 $ 555500.00 $ 29,271.00 $3,812,957.01 GENERAL FUND Property Tax - Levy Penalties, Interest, Tax Forfeitures PERA Levy (Rate Increase) Licenses Permits Intergovernmental Revenue Contract revenue (Lauderdale/Falcon Heights) Charges for service (Fines) Miscellaneous Revenues Transfers & Miscellaneous Revenues EXPENDITURES Mayor /City Council Public/Intergovernmental Relations Cable Franchise General Management Elections Finance, Insurance /Accounting Finance, ,Assessing Legal Engineering, Planning /Zoning City Building Civil Defense/Emergency Management Police Protection Lauderdale/Falcon Heights Contracts Fire Protection Inspections, Building/PlumbinglHeatin/Health .Animal Control Public Works Public Works, Maintenance/Repair Equipment Tree and Weed Care Parks Transfers to Community services 2005 ur rn��-r 2005 BUDGET $48,30.0 $22,700 $23,100 $82,600 $26,200 $233,300 $43,500 $87,800 $2,700 $'127,300 $47,500 $'1,'128,200 $603,800 $608.1900 $78,900 $4,200 $435,600 $130510.0.. $29,700 $'150,600 $54,000 2006 BUDGET $55,400. $23,900 $24Y300. $871500 $30y5-00 $246,100 $453700 $92,200 $2,900 $134y3OO $501-200 $1,186,000 $634,000 $641,300 $833000 $43300 $454,300 $31,400, $158,600 $542000 GENERAL FUND TOTAL EXPENDITURES $3,969,000 �411771500 0.00% 0.00% 0.00% 228.33% 13.52% -1.77% 8.67% -2.63% 0.43% 54.32% 5.25% 14.70% 5.29% 5.79% 5.93% 16.41% 5.49% 5.06% 5.01% 7.41% 5.50% 5.68% 5.12% 5.00% 5.32% 5.20% 2.38% 4.29% 5.76% 5.72% 5.31% 100.00% 5.25% Budget increase $208,500 Levy Increase . $ - 0 - irs f t I a General FundB ., T 2005 2006 Dollar Perceritage- Buileet yet Increase Increase $3969,000 $4,177,Sg0 $20::8 ,500 5.25% 6th � '= t 2005 2006 Dollar Percentage Lev'Y.' Levv Increas.- e Inerease $2,488,357 $2,488;357 $ 9 0% f t I a !Y ! Ff n� 6th � '= t 'r 1 a 1! . :.. .. ... £..r i "F It v, en ue .. ��`� 'Y.. w � � ®� � � ��� � �®� �w� ��� � �®� .. �� � �® 'mow ��� r ���. � �® � ■ �®� � ncrease 2005 2006 ecrease...- PropertyTaxes/Levy - $2,488;357: $2,488,357 0.100. % :Property Taxes Other $ 10,500 -.. : $ . 10,500 :0.00:% Licenses-: Y $ :12,000 $-39,400.:228.33 % PermYts :• t .:. $ 127,200 °'$="'444`. ,400 s. X3.52.% Intergovernmental °Revenue $ 214,7.00 $ 21:0,900 -1:77 Police Contracts ; $ 688,043 747, 675 8:67 Municipal Court Fries 95,000 92,500 -2;63 % Miscellaneous Revenue $ 130,700 $ 131,268 vie °. Tiransfers` :. 202;500 =- 312 5�0 x54.32% Total :Revenue :: :T ' -$3,969,000 $4,177,500 5:25 1! �. j �� z * , t r .. 1 y a`� f �> r :'. �i �� (� Fl � a j G IF�~1 4 '-.�� `� �L . . 1 G A L ). �� Y I - �x � r :,� �t i �� '.' �� �. • � ► � ,, SAi i � F' f , >., r s, ', g -r �: a e y 1 r x ,r , . � � ,� ` j `. I! r S }� �" h x , ;`� �� `a � � � �� , I � � � � � � e 3 c i f cL a�� � 1 � 1 �r � �' � 45 -,� { fig ; I i � s �fi rf�i :'.� n1 V t ,� • a Mt, �; ,; � i� ' � lig_.-i mi 5 2006 General Fund Parks Public Works 5.1 18.1% Fire 16.6% General Gov't Finance & 8.6% Insurance % 5.9% Contracts 15.2% Inspections 2.0% Police 28.5% C 7 9 ((� k L{ N <1 u.04. r rs Y ��e�sw rh+• C 3 10 11 m 12 :.:.... ... Ca it ''tzE q F- lre; h t Turnout Geer X12,000 H se Replacement :100 ager r -_ 145Q0 - ,N6z' zles for Fire : ose : 6,Q00 G ' ' eratorlE ig ue 13$:�-A;,000. 53,000 :. .. Emergency Liglits/7Cruck' T Otal Fire $3 ...0 0 0('.*",..:--,!,-. m 12 73-9 ArIL S, Ca pitut., q, ipme u x et u-inlur Publi­Wo.rks..,,,. 2.50 cku ' truck �Str e eft) 3 ,000 , Underbody for Truck .: 6,000 Utility gad.er -4.4 '0 0 = Total Public'.Works. 53,000 IU.--Dgraz t all. 0c1: a ers Agra es 4 .1000.0 Presentation-. Ui � merit POdIUIYI rad eS q p pg �. :Camera s AV 12oom m 12 m 13 14 15 What Do I Get for My Property Tax Dollars? R Pol 0 La'uderdalelFalcon Heights $ .0.00 �R Fire $' 146,76 Inspections/Buildin1 g Permits An" qon trA Public.Works $ 92.24 PW. Maintenance/Repair $ 32.43 Tree &Weed Care- $ 7,40 parks Community Services Transfer . ... ..... 15.05 Total Cost of General Fund Budget "$677.18 15 16 17 W606 REQUEST FOR COUNCIL. CONSIDERATION Report Date: December 2, 2005 Agenda Section: V1, B & C Meeting Date:. December 13, 2005 ITEM DESCRIPTION: - Resolution 05-095 & 05-096 respectively; Appointments to the Parks and Planning Commission MANAGER'S REVIEW: This is to consider appointing the Planning and Park Commission applicants to the respective commissions: Parks Commission Dan Ganley Planning Commission Joel Stromgren Don Jensen STAFF RECOMMENDATION:. Approve Resolutions 05-095 & 05-096 respectively; Appointments to the Park and Planning Commissions. I Michael Mornson City Manager 32 CITY OF ST. ANTHONY RESOLUTION 05-095 A RESOLUTION APPROVING THE FOLLOWING APPLICANT TO THE PARK COMMISSION WHEREAS, the City Council interviewed and have appointed the following individual to the Park commission: Park Commission Dan Ganley NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the applicant to the Park Commission. Adopted this 13th day of December, 2005. ATTEST: Mayor City Clerk Review for Administration: City Manager CITY OF ST. ANTHONY RESOLUTION 05-096 A RESOLUTION APPROVING THE FOLLOWING APPLICANT TO THE PLANNING COMMISSION WHEREAS, the City Council interviewed and have appointed the following individual to the Planning commission: Planning Commission Joel Stromgren Don Jensen NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the applicant to the Planning Commission. Adopted this 13th day of December, 2005. ATTEST: Mayor City Clerk Review for Administration: City Manager REQUEST FOR COUNCIL CONSIDERATION Report Date: December 2, 2005 Agenda Section: VI, D, 1 Meeting Date: December 13, 2005 ITEM DESCRIPTION: Resolution 05-097; Ratifying union contract between Law Enforcement Labor Services, Inc. Local #186 and City of St. Anthony for 2006 and 2007. MANAGER'S REVIEW: This contract is a two-year contract covering 2006 and 2007. We have agreed to the following increases: Wages: 2006 — 3.5% 2007-3.5%, Insurance: 2006 - $40.00 2007 - $50.00 STAFF RECOMMENDATION: Approve Resolution 05-097; Ratifying union contract between Law Enforcement Labor Services, Inc. Local #186 and City of St. Anthony for 2006 and 2007 t Michael Morrison City Manager 36 AGREEMENT BETWEEN CITY OF SAINT ANTHONY: AND LAW ENFORCEMENT.LABOR-SERVICES, INC: (LOCAL #'.l-.86)'- MINNESOTA NT Ls January 1, 2006 -December 31, 2007 : : 1 TABLE OF CONTENTS ARI -CLE :1 : : : RECOGNITION ...'................:.....:.................................r'1 : : ARTICLE 2 : l:JN10N SECURITY".:...........r......................:.:..r......... ........1 :. :. ARTICLE* 3' . SENIORITY::..r.....,:...:::.:,..:....::...:...::......................::.:.:.....,..2 -ARTICLE 4 LAYOFF/ RECALL ... :.,.:..:r.:,.....,,•r.r.............................:......2 .-ARTICLE .5 DISCIPLINE AND DISCHARGE .........:..r.....................:.;■:a.fr ARTICLE 6 PR•OMOTIO•NS:.....a:.a...::........:.,r,:r.........:........::...:..::.:.....:2 : ARTICLE 7 PERSONAL LEAVE WITH PAY......:..............:...::■.:...:.....,3 ARTICLE 8. FUNERAL LEAVE...'' ■.. r,:.. ■......:............:.:...::. r•......4 : ARTICLE -9 : : LEAVE•OF ABSENCE.r....:..::...... ......:.,....,:.rtab ...... ..:....r.....4 ARTICLE 10 • HOLIDAYS..--,., - , , ■ • ■ • • r r • r r . • r • , . • r r . ■ a • , • , r ■ • • a ■ a • • • ,•i . . • ■ • r . ■ • ■ • • • • , • . • ■ • ?..5- • ARTICLE.11 . -HOURS OF -WORK, WORK.SCHEDU LES—'.'..:.....:...:....a,5: ARTICLE .12 ''OVERTIME..... ........... .............:....::...:..:..,,:,...■..a,.:..5 ARTICLE 13.- UNION VISITATIONS AND NOTICES..* ....... %* ......... b ;. -ARTICLE.. 14 UNION BUSINESS.:..........:..:...a:,r,..,........................:...........8 ARTICLE 15 HEALTH AND LIFE INSURANCE:.........:........r..-:...............6.. ARTICLE .16 • WAGES ♦ . , ..•■ , • • • • r . • • .. t .. a • • . • , r • , • • • • ... • ■ r • ■ r ■ , r'■ r • . r • .. ■ •ret . ■ .. • s s • ■ • ■ , r•a r • r . r V ARTICLE 17• LONGEVITYr....::.......r..so* ...... me:r■...... 0 .... ,,.,,.r:.a..:,aa.,*..... .....:.7 ARTICLE. 18 TRAINING SESSIONS ....■..,....,.r......■r:...7 ARTICLE 19 P.O.S.T. BOARD REQUIREMENTS..::........r■r....■,........::.a7 ARTICLE 20 GRIEVANCE .PROCEDUREr,,,a:.....:,.::.....r...:.......,:.:.:,r:r.r•.8 ARTICLE -.21 CLOTHING ALLOWANCE ....:..:..r:: ..:...:...:........::....:....,....9 ARTICLE 22 EMPLOYER AUTHORITY.......:...:..::e.:..:..r.....:......:.:...r,.....9 : ARTICLE 23 SAVING .0 USE.:....::..•.............:.........:........�, ..: „-......10 ARTICLE 24 DURATIO.N....:,a:,:aAaa0a.:.■..Ia.4.0..aar..9 va.:aa.4aae..ee.....:.10 t : INTRODUCTION This;AREEMENT is hereby made and entered into between Law Enforcement Labor. services, Inc.,* hereinafter:referred to as -the UNION and the City''of St. Anthony, a .municipal corporation, hereinafter referred to as.the EMPLOYER. 'The. intent aid *purpose of this AGREEMENT is to: •. Establish:certain hours, wages. and conditions. of em to mnent; EstaUlist i proLredl,tr ea for tl fie re Vli itiot i Uf disputes CO( fiC:erl sir `�g. this A GREEK AEiv T 's interpretation -and/or app ication; : 3. Specify the .full -and 'complete understanding of the parties; -and' : •4, 'Place. in written.' form the parties''AGREEMENT upon terms and conditions of : ern loymem�t for.the duration -of the AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue .their dedication to the ' highest quality of public service. : ARTICLE 1:- RECOGNITION:. .The EMPLOYER -recognizes the•,.UNION as' the •exclusive, represent a*tive 'in. matters* involvin conditions,of employment of all essential employees of the City of St. -Anthony; Minnesota, who are public employees within the -meaning.of Minn . stat. 179A.03, subd: 14, excluding supervisory and. confidential .employees.' ARTICLE 2. UNION SECURITY In recognition of the ;UNION as the exclusive representative, the EMPLOYER -shall: :1. Deduct. the first payday of each month an amount sufficient to provide the payment of such: dues or fair share established by the UNION to be due and payable, and 2. Remit such deduction to the UNION at the earliest practicable date after collection. 3... :The`UNION may designate certain employees from the -bargaini.ngunit to act as Ste vva.rds and shall inform the EMPLOYER in writing of such choice. A. The'- UNION agree's­to indernn.ify and hold the EMPLOYED harmless a•ainst an and- all claims, Suits, -orders or judgments brought or issued against the EMPLOYER as 'a result,of any action taken or not taken under the provisions of this. Article. ARTICLE 3. SENIORITY New employees shall be an a'one {1}year probationary period. Annually,the EMIP�LOYER shall furnish to- the UNION a; seniority..list of the: employees showing their respective dates'of hire. There shall be one (1) master -seniority list per -classification established based on the employees original. date.of hire. 39 senior qualified*.*-. Ernplayes : shall be given :reference. in bidding for shifts within : `ob :'..: classifications. A1.f Employees covered by this AGREEMENT are.:eligible' to bid for shifts b .seniorjty, ..except those Employees with less than one. (1) year -continuous service in the Saint Antho'hy Po' lice Department.at the time -of such bidding,' or which- are herein ex . ressl exem ted. Except as otherwise provided in -the Contract, -the ' EMPLOYER will. not- assign -an. Eng to 'ee-to . g p Y work a shift 'other than the. one assigned through. the bid• process,- for the. duration of the --bid. rr�-rtn n i inlpnr fhg, E:KAP1 n1vCD ni .�,c. �,n Crvti�,.`r.•�.�., �� k err. rin�ir�.� i� r. r)A t.:, -...r ri.►+�•:.�.. is �.4. }.1t VicerS, UI IIIU00 .LI C L..IVI LA -1 1 L.I1 t', llve-S CI IC LI I IVIVYGU-.-t.,I I UI J I IVLItrG. I I Gt L."`"t' H V U I 1 IVt,ICU A i IVt . :.provided, the. EMPLOYED shall pay overtime: Bidding shall commence not -less than' thirt J 34 prior to the comencement of•tlie work Y .0 ) days Y p n' schedule being bid, and biding shall be open until twenty-�2o} days prior to the commencement of the work schedule being -bid. :. ARTICLE 4: LAYOFF 1 RECALL In'the" event it becomes necessa to lay-off n 'emp'loyees, em to ees for a.reason Within one* . rY' Y employees ...Y ,. ,.classification -shall be.laid off in the inverse ardor of their seniority' Employees shall be recalled from, layoff. 'to their in theirclassification. No new Y g Y ..employees shall be hired until all employees on layoff status desiring to return to work have been recalled'. -The employee's: option to return. to -work shall be.- limited to three(3)ears•after first Y.: notice of recall, subject -to EMPLOYER'S determin* a#ion of competence. ARTICLE- 5: - DISCIPLINE AND, DISCHARGE ..Discipline shall -be for just cause and in. one or more of the. following forms: oral re rinand ,written ;reprimand, suspension, demotion, -and termination. :. Grievances relating to* -this Article shall be initiated by the union at Step 3 of the' grievance procedure under Article•20, : • , -A TILL E 6: PROMOTIONS Promotions are solely at the. discretion of the EMPLOYER, subject -to the folio'win' : : 1.- There shall be a- posting of a•'ob vacancy in the unit for -.at least ten (10) day's before the. official. closing of applications. .2.. The City shall require such written, =oral,.'performance, psychological and other -examinations or.evaluations as deemed: necessary -to fill the position. ' The dates cif - such.: examiination and. -their. respective ., weight in de#ermining selection shall be communicated -"to all candidates before the first examination: 3. A written notification of.promotion a-nd salary shall be given to the person selected. 4U ARTICLE.: PERSO' NAL LE*AVEMITH PAY :1.. Amount,allow'edr Full time em to .ees. shad earn. •ersonal leave:ac i • • p y. p cording tothefalowing schedule: _ Years' of Service Hours Accrued Per Year 0 5'years '17 hours 5 - 1 4-Ye' ars 216, hours '15+ Y earl hn�r� . Employees--using earned. p personal leave.s'hall.b�:e considered to be warkin for p g the purpose of accumulating additional personal leave. : . 2. Usage, Personal leave ma be' used as earned subject to a ravel Y pp by the Department Head and city Manager of the time at which Jt may be'taken: In order to .all'6w coordination.* of personal leave with familyand medical leave e mployees seeking to take :personal leave may be required to provide enough. information about the purpose -of the'time off toallow .a determination of whether the timewill .also -qualifyfor . family •and medical leave. if the. personal leave alsoqualifies for family and medical leave= the employee must take both leaves simultaneously. 3. Terminal. Leave, -Any e*mplo ee leavin• the i al sestanding after 'giving v�nggmunicrvice. in and proper notice of such termination of employment, will-bec'ompe'nsate*d for ersonal• leave p accrued and .unused to the date: of separation according to the sc' hedule set forth -in Section #7. • . 4. : Waiver of Personal •Leave Prohibited, Na e to ce is ermined to waive personal p Y p p onalleave for the purpose of receiving double compensation. 5..'.' Procedure. To be eligible for personal leave with 'pay, an employee shall repo* ort as soon as possible to his or her Depart M* ent Head the. need to take personal leave and its estimated Oration. •6..-. Workers Compensation.Em'compensation, pto Yees are covered b Y . the workers . p ensation laws of the. . . State. In the eventan employee. is disabled 'and is entitled to workers compensation, the employee will .keep.. any workers compensation ' payments * received and be *eligible to•. receive a bi-weekly pay check equal.to 1/3.pay through the use of personal leave benefits. In:addition, the employee will.entitled to earn 1/3 of the amount of the •ersonal leave pay' they would otherwise be enfttled to during -an absence from their employment' Employees receiving such workers compensation will, be considered workin for the purpose of accumulating additional personal-. leave benefits. 3 .41 7. Unused Personal Leave P y: An unused person leave a otic is established subject. - p pay y to-the: following rules-and regulations.' .(a).. -The employee. must be in good standing and give. • proper notice. of termination in the case of resignation. (b) - - Qualifying ' ein:ployee's ,'snall receive their accumulated ersonal - leave up to. -a maa. vim of I as Iistex 4 in* +he fnllnlAnnn er kjnr i ala►• I! I !l ! i y I t.I i! I G1 / i til N.+ %A 1.1 I L I 1 V 11,0 1 V V V I I. 11 17 %.11 I t.. L! M 1.%-, bears of Service Maximum Pa rnent , • : years of .service /2 of personal. leave accrued .3+. years : 480.0 hours .4 + years : 528. 0 .hours 5•+ years ....600.0 hours : 8. •Don' atio*n of Personal Leave to Ern to ees with, Serious- Medical 'Problems....Employees• : 'may voluntarily donate personal leave time- in• hour incre'entswhich can be converted to use y-employees facing serious :medical problems or extended: time off due to.serious medical problems acid who have no.-accumplated personal leave time or compensatory' time. ' available, The use of •this donated ...personal* leave must .be approved by .-the Department Head and the city Manager and willbe converted to the. receivin em to ee =s paid hourly rate: : This. does not include temporary or seasonalern . ositions or unionized to ees who have a p p Y . si•ck.pool that is already established. : 9. Maximum personal leave 'is ' l ,200 hours for' all employees• hired after January 1 2004E ARTICLE 8:: FU ERAL LEAVE In the event of the death of an employee's spouse, children, or arents ors Ouse's arenas the P p p f employee will'be granted three (3) :days .of funeral. leave withpay. -In the event of the death of an : ernployoe's.or his spouse's grandparents, brothers and sisters, an employee will be' ranted one . Y 9 (1) day's 'funeral leave with pay. : ARTICLE 9.: 'LEAVE OF ABSENCE Employees subpoenaed as. witnesses, or called*.and selected Jor J 'urY tY du shall receive their regular compensation less jury pay. Mileage allowance will not be considered as jury pay. : Whenever any employee, is delegated- to. attend conventions .-of labor. Which require his absence ,from work, -the EMPLOYER -agrees that such absence -shall' be allowed,• provided there is not substantial. work interference, and the EMPLOYER is able-to make satisfactory arrangements: :...: ARTICLE 10. -HOLIDAYS... All Employees. shall -.observe, -the' following twelve . (12)' .paid holidays - each year,-- plus an additional"twelve (12) hours- of -holiday pay: ; :. :New dears Day Labor Day :. Martin*Luther King Day' . ,.Columb*us 'Day Presidents Day •. Veterans uay . : -Good Friday . _ Thanksgiving Day ; Memorial -Day I=riday following Thanksgiving Day Independence Day :.' Christmas Day: ..ARTICLE' 11;• .. HOURS O'F WORK,, WORK SCHEDULES A normal -workday for. full time.employees may be,up.to twelve (12) hours.. The normal work week_ for full time -Employees shall be-. an averaged forty (40) hours..-. EMPLOYEES,' when ordered to work.overti.me, shall no longer.than'a 10 hour shift."he:Chief of Police has authority to establish shifts. : The average work month for Employees -for the' purpose of computing personal .leave and -fractions of a month's work shall be one hundred seventy --three (1.73) hours. All Employees will be allowed two work relief periods a shift not to exceed fifteen (15) minutes each. ARTICLE 12: OVERTIME: Overtime is -defined as. all hours worked in excess of the scheduled shift. Overtime for all Employees -shall oe paid as' it is earned at -the rate of time .and one-half (1 Y2). Officers called in for SWAT shall receive a minimum of 2 hours. of pay at time -and one - ....half (1 %2). With the mutual agreement of the EMPLOYER and the Employee, -overtime shall. be' com' 'pensated at the rate of time and one-half (1.1/2) compensatory time. -off. Overtime shall be divided -on a-. seniority oasis, as :equally.as possible among all Employees on -the* -seniority list. Officers..called in 'for. court appearance while off duty will receive a minimumOf three (3)' hours pay at time and one-half (1-112).. Officers. required -to be "on cail". for: -a ' court appearance during time.offmill receive -a maximum of two.(2) hours pay attime'and'one half .: .(.1-1.12}. - •.••-- - .......:•.. ,..-:•• .: .:.-,. :•�• .. . .. .: ..• •. . . ARTICLE 13:* UNION VISITATIONS' AND NOTICES. : A duly authorized representative of the UNION will.be permitted' to visit the premises of the EMPLOYER at reasonable times for the purpose of -transacting legitimate business of the UNION, provided there will be no undue ani unreasonable interference with the operation 43 . . pr.oshabealouedto ost reasonable and aof the:departmeht.- .*.The UNION* riate UNION :notices for employeest a convenient place deli mated b the EMPLOYER.-** RTICLE,14:.,,-.UNION BUSI • ESS One:.(1 .-Ernpioye at a . tune shall b granted' heave without a to attend to UNION -business not to exceed a total of ten work days. per calendar year. The EMPLOYER shall attempt, if -possible., to arrange the employee's work'sch.edule se that the employee will not .los.e pay.. : .• RTIGLE 15::. • HEALTH'AND LIFE INSURANCE• w..r•r.■r ■.e■ i art ire ■ - , The -EMPLOYER will contribute six hundred twenty dollars $660.00 ler month for.2006 and seven hundred ($71.0..00) per month for 2007 towards the total cost of the Employee's health 'and life insurance (maximum $10,000.00) an -d any dependent's health insurance costs. By mutual agreement employees may use. up to fifteen Dollars ($15.00) of health -insurance for dental insurance. -If the total- cost.of the insi 'rance*is less -than the City contribution, then the City will refund the difference -in a one-time, taxable payment. on January 30th for theprevious year. All -additional longevity pay in .lieu of -insurance benefit is hereby' terminated.' Em. ,lo ees' . Y p Y separating during. the year will receive paid refund'on a pro -rata basis. (The provisions of this paragraph will not apply to any employee hired after December 31, 1988*.• Employees hired after that date will not be entitled .to such payment in lieu of insurance coverage or pre -rate .refunds.) The Employes agrees to administer a, Employer approved, Health Care'Sawin sPlan for the years 2006 and 2007. iRTICLE16: WAGES A. _ .Top S.cale Vya�c�es .2006/Mont hl 2007/Monthl Police Officer .$41811.72 $ Sergeant $5,,161.72 $51380.13 B. Wage .Step System /'Police' officer Start ' 75% of Top Scale After one (1).year 85%' of Top Scale Aftertwo (2) years 95% of Top Scale ..'After three (3) years 1005 of Top Scale C. Meld `training officers will receive one (1) hour of overtime time for every day of training; which includes use of force and firearms• instruction, Ara 'V1 14 : ..D: Pay Days.. Employees-wirill b'e..paid every two. weeks on-the alternate Fridays. When• a holiday falls on'a Friday payday, employees will reserve. their paychecks. on the preceding Thursday.-When two-day holidays fall on , the Friday.. pay. day and the. Thursday preceding • the •Friday• pay' day; : employees will.receive theirpaychecks on the preceding Wednesday.: E. Investigator: &hployees, classified or assigned; as Investigator shall receive. $15*0.00 per- month in addition.to regular Patrol wages. ARTICLE 17: LONGEVITY Employees with the required. service credit shall receive longevity • a accordin to the. 0 YP Y 0 following Five (5) years but less than .ten (10) $100/month Ten (1.0)'Years but less than fifteen .(15) ': $150/month -Fifteen. (15) ye* ars'or more : $2o0/month AR`fICL*E 18: • SCHOOLS AND TRAINING SESSIONS. All employees shall be* required to *attend such schools or.trainin sessions as may be - g Y . required'by EIVI.PLOYER.' Compensation for such attendance is considered included in the approved salary schedule unless. EMPLOYER is. reimbursed from an outside source. ARTICLE .19: P.G.S.T. 'BOARID REQUIRE • ENTS The-EMPLOYER will ' contribute 100% of the cost of any necessary license fee and application for such license under.the Peace officer. Standards and Training Act (P.O.S.T.). The. EMPLOYER is to. make every. effort possible to provide the necessary P.o.S.T. certified training required under the current law during the course of duty time. In the event that itis 'not possible to provide necessary P.O■S:T..certified training during duty time, the employees will be,.reimbursed in the form of compensatory time ;off for.off duty.training hours at the rate of time and one-half, effective from the date the agreement is signed. ARTICLE 29. GRIEVANCE PROCEDURE 1. .'This grievance. procedure is established for the. purpose of resolvin dis Utes. g p involving the interpretation or application of this AGREEMENT. 2. The: EMPLOYER. v*ill•. recognize ' Stewards selected by the* UNION as the. : grievance representatives'of the bargaining unit, .The UNION shall-notifythe : EMPLOYER in writing 'of the Stewards and . of their successors. when' so - :. • . •. named. • � • - •• , � - :. • . . .. .45 3.: A~grievande is defined.as a dispute over -the interpretation or application of: , this -AGREEMENT. :4. Grievances. sha.11 •be, resolved. in the following manners STEP 1. An -employee claiming a violation- concerning the -interpretation or application of thisAOREEIv ENT shall within twenty'one' (21): calendar • • � ..� _.. � ,.� �.. � ....'• ,.. z � � I.�, �-. � I .�..�....1 - � i i � �. � i st .� rr. n � v+, � r. ■ � r� ir. r ✓� � n r, .-,�,, r, I ,►�. r n .-r � r+ U al Le, JL.1t.,1 ! aiiryeu VI�'1IQliVf� [ CACI it SU'C,i I gi ICVCII lkaC; LU LI IC CI I INlvylcc 0. -immediate supervisor designated by the. EMPLOYER. The EMPLOYER - designated representative will give a final. answer to Step 1 grievance *within* ten ' (10) calendar. -days. If.' a. grievance'is- not resolved in:.Step. 1,.such . grievance shall -be_ placed in 'writing and''referred to Step 2 within ten. (19) calendar days after the EMPLOYER'S final answer in Step 1. Argy grievance not referred -in writing by the -'employee within.ten (10) -ca"lendar.d.ays shall -be'. considered waived. STEP 2. The written grievance shall be presented personally to- the employee's department head or, other EMPLOYER.-designated ..representative. A -copy will 'be sent by .registered mail; return- requested to the City Manager. The EMPLOYER -designated representative shall"givethe employee'the EMPLOYER'S. Step 2* answer within ten (10). calendar days after receipt of such Step 2 grievance.. if a grievance is not resolved in Step . 2, such grievance shall -be referred to Step 3 within ten (10) calendar days, following the EMPLOYER-designatedrepresentative's final Step 2 -answer. Any grievance,,not referred in writing -by' the employee' within .ten (10) calendar days shall be••considered waived.. STEP 3. The written grievance shah be.. presented personally to. Ahe EMPLOYER -designated representative (City Manager).. The EMPLOYER - designated representative shall .give the EMPLOYER'S answer within. ten (10)'calendar days after receipt of such Step 3 grievance. if a grievance is not resolved in Step 3, such grievance shalt be referred to Step 4 within ten (10) calendar days following the EMPLOYER -designated representative's' final Step .� answer. Any grievance. not referred in writing by the employee -within ten (10) days shall be considered waived.,' STEP 3A.• if the grievance is not. resolved at Step 3 of the grievance' procedure, the parties, by mutual agreement,, may submit the matter -to - - mediation with the Bureau'of-Mediation Services.' Submitting. the grievance to mediation preserves - timelines for Step 4 of the -grievance .,procedure. STEP..4-. Unresolved grievances- are subject to the arbitration 'provisions. of . Minnesota Statutes,* Section 179A.21.. The arbitrator shall not have the right to amend, modify, nullify, ignore; add to; or subtract .from the ,provisions of . 4ki this AGREEMENT. The arbitrator shall. consider.and decide only the specific _issue: 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.. The :arbitrator'shall be Without power to.'mal e :decisions contrary to or inconsistent with or .modifying or varying ••in any way..th.e application for laws, ales or regulations Having the force and effect of the law. The arbitrator shall.submit his decision in- writing within. thirty (30)'d-ays. fol lowi ng the close- of the. hearing ' - 1. .+� . �r� ..� . �i , A �Lr� L► I ^� fA A a.�i..wti I� 1 1 iA ! /\ jI�' I'� 1 l M f 1 /'\ 1-I\ M l 1 Lti s I•\ • +F' iA /\ o.r tie su�ri�ts tin of b 1 15 j.,? Ci i P.dI Lim , viri iiLA i�Vei 1s idt�i Ui iie�Z5 !i 1� parties agree to an extension. The decision shall be. based solely upon -tire arbitrator's interpretation er application of the express terms of this AGREEMENT on the facts of the grievance .presented,. All documents, communication's and records dealing with a grievance shall - be filed separately from the.personneI files. of the involved e* mployee(s).- The finie limits established in this Article may be extended or modified by mutual consent of the EMPLOYER and the UNION and shall be in writing. Employees shall be allowed reasonable time to process grievances during working hours without loss -of pay. ARTICLE 21: CLOTHING ALLOWANCE Uniform allowance..shall be $550.00. in 2006 and $575.00 for 2007 for each officer to be paid to the 'officer. as a reimbursement for uniform expenses. Protective • cloth•ing, i.e.; .. , . bulletproof vests,' etc, will be provided by. the EMPLOYER, per, Federal.' and State regulations. The EMPLOYER wild supply at -no cost to the Employees all required uniform items and reasonable replacements upon initial hire. New.hire's will'not.qualify for uniform allowance until they complete one year of service..., RT' CLE 22.- EMPLOYER UT'HORI 'The UNION recognizes the prerogative of the EMPLOYER ,t0 operate ,and manage its ..affairs in all respects ' in accordance with existing and future laws and regulations of appropriate authorities including. municipalities personnel policies and work rules. Rules .and regulations- shall. be reasonable and consistent with this AGREEMENT and applied uniformly and without The prerogatives and 'authority which EMPLOYER has n.ot officially abridged, . delegated or, modified by. this AGREEMENT are retained by the .EMPLOYER. Nothing in this. AGREEMENT shall prohibit or restrict the right of the EMPLOYER from sub- contracting work performed by employees 'covered by this AGREEMENT. 4[ ARTICLE' 23. SAVINGS CLAUSE. In.the e.veiit any provision of this AGREEMENT shad be held to be co�itra tQ -law b a courtof.compe'tent jurisdiction from whose -final. judgment or'.dec(ee-no appeal, has-been. takenWthib the time provided, such provision: shall be voided.' All other provision s.shall continue in full force and effect. The voided provision shall be.renego' iated'at the request.. - of either�� party: : : ,ARTICLE 24: DURATION.. This AGREEMENT shall be effective as ofthefirst day of*JanbarY2006 and',shall remain in full force.an.d effect until the thirty-first.day of December 2007 IN WITNESS WHEREOF,' the ,parties . hereto have .executed. this AGREEMENT on this -Articles in- .-the contract may• be* rewritten by mutual -agreement of the parties; If no agreement is reached; all articles will' remain as is. CITY OF'ST. ANTHONY FOR LAW. ENFORCEMENT ;LABOR. - SERVICES, INC. Mayor B sines Agent City: ManagerSte and (Local CITY OF ST. ANTHONY RESOLUTION 05-097 A RESOLUTION RATIFYING THE 2006 - 2007 AGREEMENT BETWEEN THE LAW ENFORCEMENT LABOR SERVICES, INC. REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT LICENSED EMPLOYEES AND THE CITY OF ST. ANTHONY. BE IT RESOLVED, that the 2006 - 2007 agreement between the Law Enforcement Labor Services, Inc,, representing the St. Anthony Police Department Licensed Employees, and the City of St. Anthony is hereby ratified. The Mayor and City Manager are authorized to execute the Agreement on behalf of the City. Adopted this 13th day of December, 2005. ATTEST: City Clerk Reviewed for administration: Mayor City Manager REQUEST FOR COUNCIL CONSIDERATION Report Date: December 2, 2005 Agenda Section: VI, D, 2 Meeting Date: December 13, 2005 ITEM DESCRIPTION: Resolution 05-098; Ratifying union contract between International Union of Operating Engineers, Local No. 49 and City of St. Anthony for 2006 -2007. - MANAGER'S REVIEW: This contract is a two-year contract covering 2006 and 2007. We .have agreed to the following increases: Wages: 2006 — 3.5% 2007-3.5%. Insurance: 2006 - $40.00 2007 - $50.00 • Changed to Stand -By instead of Call back in accordance with Fair Labor Standards Board (FLSB) • Re-established the .Labor Management Committee, STAFF RECOMMENDATION: Approve Resolution 05-098; Ratifying union contract between International Union of .Operating Engineers, Local No. 49 and City of St. Anthony for 2006 —2007. Michael Mornson City Manager WIN LABOR AGREEMENT BETWEEN CITY OF ST. ANTHONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO January 1, 2006 through December 31, 2007 TABLE OF CONTENTS ARTICLE PAGE I. PURPOSE OF AGREEMENT............:.............................................................................:.........1 Ii. RECOGNITION.......................................................................................................................... 1 III. UNION SECURITY ...................................... IV. EMPLOYER SECURITY............................................................................................................ V. EMPLOYER AUTHORITY.........................................................................................................2 V1. EMPLOYEE RIGHTS -GRIEVANCE PROCEDURE ................. ..2 VII. DEFINITIONS ............. ...,... .................. ......................... 4 Vill. SAVINGS CLAUSE........................................................................................... ...................... 5 IX. WORK SCHEDULES................................................................................................................. X. OVERTIME................................................................................................................................ 5 Xi. CALL BACK/STAND-BY DUTY.................................................................................................5 XII. LEGAL DEFENSE...................................................................................................................... XIII. RIGHT OF SUBCONTRACT.....................................................................................................6 XIV. DISCIPLINE...........................,.............................................. XV. SENIORITY............................................................................................................................... 7 XVI. PROBATIONARY PERIODS.....................................................................................................7 XVII. SAFETY..................................................................................................................................... XVIII. JOB POSTING.........................................................................................................................7 XIX. INSURANCE.............................................................................................................................. 8 XX. PERSONAL TIME OFF.............................................................................................................. 8 XXI. INJURY ON DUTY................................................................................................................... XXII. FUNERAL LEAVE ............................. XXII1. LEAVE OF ABSENCE..................................................................................... ...................... 0 XX1V. HOLIDAYS.............................................................. ........ 10 XXV. RELIEF PERIODS................................................................................................................... 10 XXV1. LONGEVITY............................................................................................................................. 10 XXVII. WAGES............................................................. .............. 11 XXVIII. EDUCATION/TRAINING..........................................................................................................11 XXIX. NON-DISCRIMINATION CLAUSE...........................................................................................11 XXX. WAIVER...................................................................................................................................11 XXXI. DURATION..............................................................................................................................12 App=ntnw o WAGES............................................................................................... 1 WORKING OUT OF CLASSIFICATION PAY............................................................................1 opAr=niniX R ENTRYLEVEL........................................................................................................................... 2 STEPA...............................................................................:...................................................... STEPB...................................................................................................................................... STEPC .............................................. ........., STEP D .. ............................... ................................................................................................. STEPE......................................................................................................................................7 MAINTENANCE III MECHANIC AND WATER/SEWER DIVISIONS..........................................................8 MOVEMENT THROUGH THE SYSTEM......................................................................9 LABOR AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49, AFL-CIO ARTICLE I PURPOSE OF AGREEMENT This Agreement is entered into between the City of St. Anthony hereinafter called the EMPLOYER, and Local No. 49, international Union of Operating Engineers, AFL-CIO, hereinafter called the UNION. The intent and purpose of this Agreement is to: 1.1 Establish certain hours, wages, and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. The EMPLOYER and the UNION, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. AM -r1^1 f" 11 r%r! *r%^L11T1^L1 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the job classifications listed in Appendix A, who are public employees within the meaning of Minnesota. Stat. 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees. ARTICLE 111. UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction; and 3.2 Remit such deduction to the appropriate designated officer of the UNION. 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE IV EMPLOYER SECURITY 4.1 The UNION agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. 1 ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI EMPLOYEE RIGHTS -GRIEVANCE PROCEDURE 6.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of.this Agreement. 6.2 Union Representatives The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 6.3 Processing Of A Grievance It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances, as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 Procedure Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Ste 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER -designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting for the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER - designated representative's final answer in Step 1. Any grievance not appealed in writing to Step m 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2• If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 2 representative. The EMPLOYER -designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER -designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3• If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 3 representative. The EMPLOYER -designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER -designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4• A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 6.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed .to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 Choice of Remedy If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of ARTICLE VI or a procedure such as: Civil Service Veteran's Preference, or Fair ,Employment. if appealed to any procedure other than Step 5 of ARTICLE VI the grievance is not subject to the arbitration procedure as provided in Step 5 of ARTICLE VI. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 5 of ARTICLE VI or another appeal procedure - and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of ARTICLE VI. ARTICLE VII DEFINITIONS 7.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL -C10. 7.2 EMPLOYER: The City of St. Anthony. 7.3 UNION MEMBER: A member of the International Union of Operating Engineers, Local 49, AFL- CIO. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7.5 BASE PAY RATE: The EMPLOYEE'S hourly pay rate exclusive of longevity or any other special allowance. 7.6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE II - RECOGNITION. EMPLOYEES who are promoted from a job classification covered by this Agreement and return to a job classification covered by this Agreement shall have their seniority calculated on their length. of service under this Agreement for purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits under this Agreement. 7.7 SEVERANCE PAY: Payment made to an EMPLOYEE upon honorable termination of employment. 7.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within atwenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.9 CALL BACK: Return of an EMPLOYEE to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of 4 m or early report to an assigned shift is not a call back. ARTICLE VIII SAVINGS CLAUSE 8.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX WORK SCHEDULES 9.1 The sole authority in work schedules is the EMPLOYER. The normal workday for an EMPLOYEE shall be eight (8) hours. The normal workweek shall be forty (40) hours, Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some. employees on a daily, weekly, seasonal, or annual basis other than the normal 7:00 A.M. - 3:30 P.M. day. The EMPLOYER will give seven (7) days advance notice to the EMPLOYEES affected by the establishment of workdays different from the EMPLOYEE'S normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an EMPLOYEE working other than the normal work day be scheduled to work more than eight (8) hours, however, each EMPLOYEE has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee. from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X . OVERTIME 10.1 Hours worked in excess of eight (8) hours within atwenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) times the EMPLOYEE'S regular base pay rate. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by EMPLOYEES will for record purposes under ARTICLE 10.2 be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 10.5 EMPLOYEES will be allowed to earn up to 60 hours of compensatory time (60 hours maximum per year). EMPLOYEES will be allowed to take compensatory time at a rate of 40 hour increments. Compensatory time may be carried over to the next calendar year. ARTICLE XI . CALL BACK/STAND-BY DUTY 11.1 Call Back: An EMPLOYEE called in for work at a time other than the EMPLOYEE'S normal LTi scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1 %2) times the EMPLOYEE'S base pay rate. 11.2 Stand -b uty: EMPLOYEES who are required to be on stand-by duty on Saturdays, Sundays, or Holidays shall be compensated for such stand-by assignment at the rate of three (3) hours overtime pay for each day. Stand-by duty shall include routine check of pumps and other City facilities such as lift stations, filter plant, and booster station. Any additional work required of the EMPLOYEE other than the routine pump check and check ,of other. facilities shall be compensated in the amount specified by ARTICLE X OVERTIME PAY. However, an EMPLOYEE who has completed the assigned stand-by duty and is called back to the City for additional work shall be compensated in the amount specified for call back duty within this Article. The Employee who is on Stand -By Duty shall perform "pump duty' during that time and be compensated for all hours worked to perform such duties (approximately 1 hour Saturday, 1 hour Sunday, 1 hour per Holiday). 11.3 Weekday Pump Duty. Any EMPLOYEE on pump duty will be available for call out during the week, in addition to weekends. 'Pump. duty will begin at 3:30 PM Wednesdays and continue to the following Wednesday at 7:00 AM. The EMPLOYEE responsible for call out during this period would be the employee scheduled on the pump duty roster. An additional three hours of overtime wages (4 hours/week at 1Y2 times the EMPLOYEES normal rate of pay) will be paid to the pump duty EMPLOYEE for carrying the pager during the week. ARTICLE XII LEGAL DEFENSE 12.1 EMPLOYEES involved in litigation because of negligence, ignorance of laws, non -observance of laws, or as a result of EMPLOYEE judgmental decision may not receive legal defense by the municipality. 12.2 Any EMPLOYEE who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the EMPLOYEE'S employment, when such act is performed in good faith and under direct order of the EMPLOYEE'S supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such EMPLOYEE in defending against such charge. ARTICLE XIII RIGHT OF SUBCONTRACT 13.1 Nothing in this Agreement shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by EMPLOYEES covered by this Agreement. ARTICLE XIV DISCIPLINE 14.1 The EMPLOYER will discipline EMPLOYEES only for just cause. 14.2 An EMPLOYEE(S) will not be .required to participate in an investigatory interview by the EMPLOYER where information gained from the interview could lead to the discipline of the EMPLOYEE(S) unless the EMPLOYEE(S) is given the opportunity to have a third party present at the interview to act as a witness for the EMPLOYEE(S). ARTICLE XV SENIORITY 15.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all job - relevant qualification factors are equal. 15.2 Seniority will be the determining criterion for recall when the job -relevant qualification factors are equal Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled EMPLOYEES shall have ten (10) working days after notification of recall by registered mail at the EMPLOYEE'S last known address to report to work or forfeit all recall rights. 15.3 No permanent EMPLOYEE, shall be laid off while any temporary EMPLOYEE (defined as an EMPLOYEE with less than 6 months consecutive service) is on the payroll. 16.1 All newly hired or rehired EMPLOYEES will serve a six (6) months' probationary period. 16.2 All EMPLOYEES will serve a six (6) months' probationary period in any job classification in which the EMPLOYEE has not served a probationary period. 16.3 At any time during the probationary period a newly hired or rehired EMPLOYEE may be terminated at the sole discretion of the EMPLOYER. 16.4 At any time during the probationary period a promoted or reassigned EMPLOYEE may be demoted or reassigned to the EMPLOYEE'S previous position at the sole discretion of the EMPLOYER. ARTICLE XVII SAFETY 17.1 The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage EMPLOYEES to work in a safe manner. 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 18.1.1 have the necessary qualifications to meet the standards of the job vacancy; and 18.1.2 have the'ability to perform the duties and responsibilities of the job vacancy. 18.2 EMPLOYEES filling a higher job class based on the provisions of this Article shall be subject to the conditions of ARTICLE XVI PROBATIONARY PERIOD. 18.3 The EMPLOYER has the right of final decision in the selection of EMPLOYEES to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. 7 ARTICLE XIX INSURANCE 19.1 The EMPLOYER will contribute up to a maximum of Six hundred sixty dollars ($660.00) per month per EMPLOYEE for calendar year 2006 and Seven Hundred Ten Dollars ($710.00) per month per EMPLOYEE for calendar year 2007 for group health and .life insurance, including dependent coverage. By mutual agreement EMPLOYEES with dependent care may use Fifteen Dollars ($15.00) of the health insurance dollars for dental insurance. 19.2 EMPLOYEES not .choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance other than the individual group health and group life insurance. Additional life insurance can be purchased by EMPLOYEE'S, at the EMPLOYEE'S expense to the extent allowed under the EMPLOYER'S group policy. 19.3 Individual EMPLOYEES may provide for an increased EMPLOYER contribution for insurance over that amount stipulated by 19.1, by lowering their salary from the rates stipulated in Appendix A to provide for an increased EMPLOYER contribution which will fully pay for the EMPLOYEE'S health, life, and dental insurance, including dependent coverage. ARTICLE XX PERSONAL TIME OFF 20.1. Amount Allowed. Full time employees shall earn personal leave according to the following schedule: Hours Accrued Per year 0 - 5 years 176 hours 5+ - 14 years 216 hours 15+ 256 hours Employees using earned PTO shall be considered to be working for the purpose of accumulating additional PTO. 20.2. Usage. Personal time off may be used as earned, subject to approval by the Department Head and City Manager of the time at which it may be taken. In order to allow coordination of PTO with family and medical leave, employees seeking to take PTO may be required to provide enough information about the purpose of the time off to allow a determination of whether the time will also qualify for family and medical leave. If the PTO also qualifies for family and medical leave, the employee must take both leaves simultaneously. 20.3. Terminal Leave. Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment, will be compensated for PTO accrued and unused to the date of separation, as per 20.7. 20.4. Waiver of Personal Time Off Prohibited. No employee is permitted to waive PTO for the purpose of receiving double compensation. 20.5. Procedure. To be eligible for PTO with pay, an employee shall report as soon as possible to his or her Department Head the need to take PTO and its estimated duration. 20.6. Workers Compensation. Employees are covered by the workers compensation laws of the State of Minnesota. In the event an employee is disabled and is entitled to workers compensation, the employee will keep any workers compensation payments received and eligible to receive a bi- weekly paycheck equal to 1/3 pay through the use of PTO benefits. In addition, the employee will be entitled to earn 1/3 of the amount of the PTO pay they would otherwise be entitled to during an absence from their employment. Employees receiving such workers compensation will be considered working for the purpose of accumulating additional PTO benefits. 20.7. Unused Personal Time Off Pay. An unused PTO pay policy is established subject to the following rules and regulations: (a) The employee must be in good standing and give proper notice of termination in the case of resignation. (b) Qualifying employees shall receive their accumulated personal time off up to a maximum as listed in the following schedule: Maximum Payment 0 - 3 years of service % of personal leave accrued 3 + years 480.0 hours 4 + years 528.0 hours 5 + years 600.0 hours 20.8 Donation of Personal Time Off to Employees with Serious Medical Problems. Employees may voluntarily donate PTO time in hour increments, which can be converted to use by employees facing serious medical problems or extended time off due to serious medical problems and who have no accumulated PTO time or compensatory time available. The use of this donated PTO must be approved by the Department head and the City Manager and will be converted to the receiving employees paid hourly rate. This, subdivision does not include temporary or seasonal positions or unionized employees who have a sick pool that is already established. 20.9 All employees hired after January 1, 2004, will be allowed to accrue personal leave to a maximum of 1200 hours. ARTICLE XXI INJURY ON DUTY 21.1 Definition: An injury, illness or other disabling condition which prevents the EMPLOYEE from performing regularly assigned job duties and which was suffered or directly caused as a result of or in the course of, regular, assigned, job duties. The determination of whether the injury, illness or other disabling condition prevents the EMPLOYEE from performing regularly assigned job duties shall be made by licensed physician(s). 21.2 There shall beaten -day (10) waiting period before the I.O.D. benefit commences during which the EMPLOYEE can use sick leave. 21.3 Starting the 11th through the 40th work day, the EMPLOYER will pay I.O.D. pay equal to regular salary (base). 21.4 Employees are covered by the worker's compensation laws of the state of Minnesota. In the event an employee is disabled and is entitled to worker's compensation, the employee will keep any worker's compensation payments received. In addition, the Employee will be entitled to receive Y of the amount of the sick leave pay they would otherwise be entitled to during an absence from their employment. Employees receiving such worker's compensation will be considered working for the purpose of accumulating % of the additional sick leave benefits normally accrued by an Employee until the Employee's accrued sick leave is used up. ARTICLE XXII FUNERAL LEAVE 22.1 In the event of the death of an EMPLOYEE'S spouse, children, stepchildren, parents, brother or sister, or EMPLOYEE'S spouse's parents, the EMPLOYEE will be granted three (3) days of funeral leave with pay. In the event of the death of an EMPLOYEE'S grandparents, grandchild, or spouse's grandparent, grandchild, brother or sister, an EMPLOYEE will be granted one (1) day's funeral leave with pay. ARTICLE XXIII LEAVE OF ABSENCE 23.1 EMPLOYEES subpoenaed as witnesses, or called and selected for jury duty shall receive their regular compensation less jury pay. Mileage allowance not to be considered as jury pay. EMPLOYEES must report back to work if their jury duty or witness obligations allow them to do so within the scope of the regular work day hours. 23.2 The EMPLOYER will pay an EMPLOYEE full wages for a two-week military leave per year, which is not to exceed 15 days and in addition to any pay they receive for military training. The employee shall give the EMPLOYER a two-week notice prior to the military leave. ARTICLE XXIV HOLIDAYS 24.1 All permanent and probationary EMPLOYEES shall observe the following twelve (12) paid holidays each year: 1) New Years Day -January 1 2) Martin Luther King .Day -the third Monday in January 3) Washington's and Lincoln's Birthday -the third Monday in February 4) Good Friday -the Friday preceding Easter Sunday 5) Memorial Day -the last Monday in May 6) Independence Day -July 4 7) Labor Day -the first Monday in September 8) Christopher Columbus Day -the second Monday in October 9) Veteran's Day -November 11 10) Thanksgiving Day -the fourth Thursday in November 11) Friday following Thanksgiving Day 12} Christmas Day -December 25 When an above named holiday falls on a Sunday, it shall be observed on the following Monday. If such holiday fails on a Saturday, the preceding Friday is a holiday. An EMPLOYEE required to work on a holiday shall receive pay at one and one-half (1%Z) times the base pay rate in addition to the regular holiday pay allotted. ARTICLE XXV RELIEF PERIODS 25.1 All EMPLOYEES will be allowed two (2) work relief periods a day not to exceed fifteen (15) minutes in the forenoon and fifteen (15) minutes in the afternoon. ARTICLE XXVI LONGEVITY 26.1 The EMPLOYER will pay, in addition to regular wages, an additional payment of $15.00 per man per month for employees with at least five (5) years of service and $30.00 per man per month for EMPLOYEES with at least ten (10) years of service with the department. Such payments are to be made starting the month after an EMPLOYEE becomes a five (5) or ten (10) year EMPLOYEE. 6.2 The longevity benefit will not be granted to any EMPLOYEE hired after March 1, 1978. 10 ARTICLE XXVII WAGES �fTI 27.1 Qualified EMPLOYEES will be paid the H.E.O. rate in whole hour increments for time worked on designated Heavy Equipment. However, EMPLOYEES must work at least 31 minutes in each and every given hour on said designated Heavy Equipment in order to be credited with a whole hour increment and thus the pay differential. 27.1a Qualified Employees will also be paid the H.E.O. rate in whole hour increments for time worked when spraying pesticides. 27.2 Qualified employees will be paid an additional $1.00 per hour rate in whole hour increments for time worked inspecting City vehicles. 27.3 EMPLOYEES will be paid every two weeks on the alternate Fridays.- When a holiday falls on a Friday pay day, employees will receive their pay checks on the preceding Thursday. When two- day holidays fall on the Friday pay day and the Thursday preceding the Friday pay day, employees will receive their pay checks on the preceding Wednesday. ARTICLE XXVIII EDUCATiONITRAINING 28.1 The EMPLOYER will budget $3,000 in calendar years 2006 and 2007 for the cost of tuition and books for job-related schools. The school, course work and expenses shall be first approved by the Department Head. 28.2 Upon completion of the North Hennepin Community College Public Works Certification Program, an EMPLOYEE will receive HEO pay provided the EMPLOYEE is at a minimum of Step E pay. ARTICLE XXIX NON-DISCRIMINATION CLAUSE 29.1 The provisions of the Agreement shall be applied equally and without discrimination by the EMPLOYER and the UNION to all EMPLOYEES regardless of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. ARTICLE XXX WAIVER 30.1 Any and all prior Agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 30.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or conditions of employment not removed bylaw from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. 11 ,ARTICLE XXXI DURATION 31.1 This Agreement shall be effective as of January 1, 2006 and shall remain in full force and effect until the 31 st day of December, 2007. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2005. FOR THE INTERNATIONAL UNION OF FOR THE CITY OF ST. ANTHONY OPERATING ENGINEERS, LOCAL 49, AFL-CIO Its Business Manager Its President Its Area Business Representative Steward Its Mayor Its City Manager 12 APPENDIX A. The following wage schedule will be in effect from the first payroll period in 2006 through the last payroll period in 2007. !1 Title 2006 2007 Maintenance Worker -Entry $15.66 $16.21 Maintenance Worker -Step A $17.19 $17.79 Maintenance Worker -Step B $17.76 $18.38 Maintenance Worker -Step C $18.81 $19.47 Maintenance Worker -Step D $19.87 $20.57 Maintenance Worker -Step E $20.91 $21.64 Water and Sewer $21.32 $22.07 Maintenance Worker III (HEO) $21.76 $22.52 B. All Employees classified as Maintenance Worker Entry - Step E will be eligible to receive Working Out of Classification Pay as provided by Section C of this Appendix. C. WORKING OUT OF CLASSIFICATION PAY C-1 Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid the MAINTENANCE III rate of pay for those hours assigned to the unit: 1. Motor Patrol 2. Front-end Loader (Mich. 45B) over 1.5 cu. yd. 3. Street Sweepers (Elgin, Pelican, Americana) 4. Pool Operator=s license 5. Sewer fetter 6. Backhoe 7. High Ranger 8. Tree Inspector 9. Ariel crane 10. 33,000 GVW Plow Truck with Wing (only when plowing snow) 11. Tar kettle/crack filling machine 12. Welding 13. Brush Chipper 14. Sewer televising unit 15. Graco paint stripper/crosswalks 16. Playground inspection C-2 EMPLOYEES assigned by the EMPLOYER to Utility Operator will be paid the wage rate of the job classification to which the EMPLOYEE is assigned. 1 APPENDIX B CITY OF ST, ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER Minimum Requirements: - High School diploma, GED or.equivalent - Valid Minnesota Class C Drivers License - Valid Minnesota Class B and Commercial Drivers License (CDL) within six months of the date of hire - Ability to meet a minimum score of 70 percent on a mechanical aptitude test - Successful completion of City's physical examination including drug testing, if required - Ability to read, understand and follow written oral instructions including safety rules Ability to meet the physical demands of the job including but not limited to lifting, bending, climbing, reaching overhead, pushing and pulling Ability to perform job responsibilities in climactic extremes Demonstration of ability to operate City -owned equipment Ability to perform routine repair and maintenance tasks in the following areas: Streets/storm sewer Parks/forestry Water/sewer Building/equipment 2 CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER STEP A Minimum Requirements: - -Meets or exceeds all the minimum requirements of Public Works Maintenance 11 -Entry Level - Minimum of one (1) year of experience in Maintenance If -Entry Level - Ability to perform the following tasks: Basic asphalt patching skills Basic concrete repair Vehicle/equipment routine maintenance Basic custodial skills - Qualified to operate: Air compressors Jack hammer Cement mixer Lawn mowers Weed whips Park tractors with attachments 3 CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER STEP B 67 Minimum Requirements: - Meets or exceeds all the minimum requirements of Public Works Maintenance 11 -Step A - Minimum of one (1) year experience at Step A - Initiative in seeking and performing work - Safe work practices/driving record - Minimum tardiness/positive sick leave attitude - Ability to perform: Advanced asphalt patching skills Snow plowing (1 ton truck and under) Traffic sign maintenance (replacement) Special event assistance Turf mowing practices Sidewalk snow plowing Water meter reading Familiarity with Step A equipment service - Qualified to operate: One ton truck Brush chipper Asphalt roller (one ton) 72" rotary mower Bob cat Michigan front end loader 4 CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER STEP C Minimum Requirements: - Meets or exceeds all the minimum requirements of Public Works Maintenance II -Step B - Minimum of one (1) year experience at Step B - Ability to perform work without supervision - Record keeping skills - Ability to perform: Snow plowing/sanding Traffic striping Tree service skills (trimming/takedown/stumps) and clean up Landscape maintenance Parks shelter/equipment/ball field/irrigation system maintenance basics Storm sewer maintenance (CB cleaning, etc.) - Qualified to operate: Dump truck - 27,500 G.V.W. with plow Paint striper Tar kettle Aerial bucket Backhoe 5 CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER Minimum Requirements: - Meets or exceeds all the minimum requirements of Public Works Maintenance II -Step C - Minimum of one (1) year experience at Step C - Ability to supervise part-time and. seasonal employees - Advanced record keeping skills - Sign shop experience - Ability to perform: Park light maintenance basics Work site sign layout and traffic control Water/sanitary sewer maintenance basics Catch basin repair Qualified to operate: 337000 G.V.W. with plow and wing Grader Oiler/distributor Sweeper 0 69 CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE WORKER STEP E Minimum Requirements: 70 Meets or exceeds all the minimum requirements of Public Works Maintenance 11 -Step D - Minimum of one (1) year experience at Step D - Ability to lead a three (3) person crew - Ability to perform all duties related to assigned division - Qualified to operate all equipment required to perform assigned duties 7 CITY OF ST. ANTHONY PUBLIC WORKS DEPARTMENT MAINTENANCE III MECHANIC AND WATER/SEWER DIVISIONS Minimum Requirements: Meets or exceeds all the minimum requirements of Public Works Maintenance 11 Ability to supervise a work crew Ability to assist in the training of division employees Ability to maintain all division records as required Divisions: Mechanic Ability to repair and maintain all City equipment Water/Sewer Ability to operate and maintain all water and sewer facilities and equipment; including televising equipment, sewer rodder and backhoe; must have Minnesota Class B water and Class C sewer licenses 8 0 MOVEMENT THROUGH THE SYSTEM: 72 A. Public Works Director and Supervisor conduct evaluation with checklist to determine whether or not individual is qualified to move to the next appropriate step and then so inform employee. B. If employee disagrees with decision with justification, the employee: should then contact the Assistant to the City Manager/Management Assistant. C. The Assistant to the City Manager/Management Assistant will examine both sides and make a recommendation to the City Manager who in turn will make a determination. D. The employee may also utilize the formal grievance procedure included in the Public Works Labor Agreement. * When placing new hires at a step within this plan, previous applicable experience will be taken into consideration so that new employees are appropriately placed. 6 CITY OF ST. ANTHONY RESOLUTION 05-098 A RESOLUTION RATIFYING THE 2006-2007 AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49, AFL-CIO, REPRESENTING THE ST. ANTHONY PUBLIC WORKS DEPARTMENT BE IT RESOLVED, that the 2006-2007 Agreement between the International Union of Operating Engineers, Local 49, representing the St. Anthony Public Works Department, and the City of St. Anthony is hereby ratified and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City. Adopted this 13th day of December, 2005. ATTEST: City Clerk Reviewed for administration: Mayor City Manager 15 MIA REQUEST FOR COUNCIL CONSIDERATION Report Date: December 2, 2005 Agenda Section: V, D, 3 Meeting Date: December 13, 2005 ITEM DESCRIPTION: Resolution 05-000; Ratifying union contract between International Association of Fire Fighters Local 3486 and the City of St. Anthony MANAGER'S REVIEW: This contract is a two-year contract covering 2006 and 2007. We have agreed to the following increases Wages: 2006 — 3.5% 2007-3.5% Insurance: 2006 - $40.00 2007 - $50.00 Uniform Allowance: 2006 - $450.00 2007 - $500.00. "O~ Michael Mornson City Manager AGREEMENT BETWEEN' CITY OF ST. ANTHONY Aft D INTERNATIONAL ASSOCIATION OFFIRE FIGHTERS LOCAL 3486 (ST, ANTHONY FIRE FIGHTERS) January 1, 2006 - December 31, 2007 TABLE OF CONTENTS Paae Number 1. PURPOSE OF AGREEMENT .................................................................................. 1 2. RECOGNITION ......................... oxx.x ... a .... 0 ... a ...... a a ..... a a a a x 0 ... X. 0 0 0 . a . a a . a . a a .... a a 9 1 3. DEFINITIONS .......... " 0 ■ a ■ ■ ■ ■ ■ • 0 ■ ■ a ■ ■ ■ .. ■ ■ 0 ... ■ ■ X ■ ■ K ■ X ■ V ■ ■ X ■ ■ X ■ ■ ■ X 0 N 0 0 U ■ N ■ M ■ p ■ ■ . ■ ■ ■ ■ ■ 0 ■ ■ ■ ■ N Z ■ X ■ Z ■ ■ ■ ■ 9 . ■ ■ K ■ K a 1 4. RIGHTS, PRIVILEGES AND WORKING CONDITIONS ....... mm.m.m. I -a ..... a ..... a. a. a a. .... a ... 2 5. EMPLOYER AUTHORITY ...................... mammas mum.m. a . a a 3 6. GRIEVANCE PROCEDURE .... a a a a a x a a a a a a a a a - a a a a a a a a a a a a a a a a a a a a a a a a a a a a a x a a a . N a a a a a . a a a a a x . a x a a a N x a K a ... 3 7. SAVINGS CLAUSE ............................ K. -ow ... a a a a a ... a .... a a a a . a x K . . . . . . . 5 8. SENIORITY ......................................................... a a x a a a - a a a a a - a x a a a a a a a a a a a x a a a a a . x a a a a a a x a a a a a a a a a x 5 9. DISCIPLINE ....... an ... xmm...Ru .... a .... moms ... *As ... am a a - a a . . . a - a - I . . . . . . . . . a . . . . a a a a K a a . a a . . . . . a a . . . a a a a a a x a 46 10. WAGE SCHEDULE ...................................................... a a a ........ K..xx..*..nnx .... 6 11. SCHOOLS AND TRAINING SESSIONS .................................... x ........................ x .... 7 12. PROMOTION ............ x ................................................ x ........... ova a.. a ..... a.... a a a.... a ... 7 13. CLOTHING MAINTENANCE ALLOWANCE .... a ........ am ..... a a a a ... a w a . a ..... Kam a .... x a .... a a ... am 7 14. PERSONAL LEAVE ...................................................... x ......................... x ................. 8 15. HOLIDAYS ................................... x ..................... a ....... a ....... x x a a .... am .... am .... a .... a .... xes..N.9 16. FUNERAL LEAVE.................................................................................................... 10 17. HOSPITAL AND GROUP INSURANCE ......... x ....................................................... 10 18. SHIFT EXCHANGE ............... a a a a a . . . a . a . . . . a a 8 IN a . a a a . a a . . . . a a a K . . . . . a a . a . . . . . . a . . . . . . a . . . a I . a a a x a 11 19. LONGEVITY ........................................................................................................... 11 20. NON—DISCRIMINATION.......................... x ..................... a a a . a . x . a a ........ a 4 a a ... xwxw..xK..Nxs..x 11 21. CALL—BACK ........................................................................................ x .................... 11 22. DURATION ................... a . . . . . a I . . . a . . . a . a . . . . . a . . . x a a a . . a . . . a . . . . . a . . . . . a . . . . . . . . . . . a a . a . . p a . . . a a . a . . . . . . n x A K . . 11 LABOR AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 3486 (ST. ANTHONY FIREFIGHTERS) 1. PURPOSE OF AGREEMENT. 1.1. This agreement is entered into between the City of St. Anthony, hereinafter referred to as the EMPLOYER, and the International Association of Firefighters Local 3486, hereinafter referred to as the UNION. The EMPLOYER and the UNION, through this Agreement, continue to pledge their dedication to the highest quality of public service by methods, which will best serve the needs of the general public. 1.2. It is the intent and purpose of this agreement to: 1.2.1. Achieve orderly and peaceful relations. 1.2.2. Establish the full and complete understanding of the parties concerning the terms and conditions of this Agreement. 1.2.3. Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement. 1.2.4. Place in written form the parties' agreement upon the terms and conditions of employment for the duration of this Agreement. 2. RECOGNITION. 2.1. The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179A., for all uniformed, full time Fire Department personnel, whose job classifications are Fire Marshall/Assistant Fire Chief, 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. 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. 11 78 3.4. Compensatory Time: paid time off granted the EMPLOYEE from the work in lieu of pay for overtime worked. 3.5. Department: City of St. Anthony Fire Department. 3.6. Department Head: Chief of the St. Anthony Fire Department. 3.7. Employee: a member of the exclusively recognized bargaining unit. 3.8. Employer: the City of St. Anthony or its designated representative. 3.9. Fire Eguipment Operator/Fire Fighter: an EMPLOYEE appointed by the EMPLOYER to the job classification of FEO/Fire Fighter. 3.10 Fire Captain: An EMPLOYEE appointed by the EMPLOYER to the job classification of Captain. 3.11 Fire Marshall/Assistant Fire Chief: An EMPLOYEE appointed by the employer to the job classification of Fire Marshall/Assistant Fire Chief. 3.12 Grievance: a dispute over the interpretation or application of this Agreement. 3.13 Holiday: days off with pay as specified by this Agreement. 3.14 Job Related Course: an educational course so designated by the EMPLOYER. 3.15 Normal Annual Shift Schedule: 121 normal duty shifts. 3.16 Overtime: work performed at the express authorization of the EMPLOYER at times other than an EMPLOYEE'S normal duty shift. 3.17 Probation: six (6) months from the EMPLOYEE'S date of appointment. 3.18 Seniority: the length of continuous employment with the EMPLOYER. 3.19 Shift/Normal Duty Shift/Tour of Duty: a consecutive 24 hour time period. 3.20 Union: the International Association of Fire Fighters Local No. 3486 St. Anthony Fire Fighters. 3.21 Union Member: a member of International Association of Fire Fighters Local 3486 St. Anthony Fire Fighters. 3.22 Work Cycle: a 21 day time period chosen by the EMPLOYER. 3.23 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. 2 4.2. The UNION may designate UNION MEMBERS to act as stewards and shall inform the EMPLOYER in writing of such choice. The EMPLOYER may designate persons to represent it and to inform the UNION, in writing, of such choices and any change in such choices. 4.3. The EMPLOYER will provide a bulletin board and make sufficient space available for the posting of. UNION notices and announcements. 4.4. Consistent with public interests and with the permission of the Department Head, or his designate, the EMPLOYER agrees that a UNION representative shall, without loss of pay, be allowed to: 4.4.1. Investigate and pursue grievances; 4.4.2. Attend negotiation meetings; 4:4.3. Consult with EMPLOYER representatives; 4.4.4. Meet with local UNION officials or other UNION representatives concerning the enforcement or application of any provision of this Agreement. 4.5. The UNION shall indemnify and save the EMPLOYER harmless against any and all claims, demands, suits or other forms of liability, which, may arise out of any action taken or not taken by the EMPLOYER for the purpose of complying with the provisions of this Section. 5. EMPLOYER AUTHORITY. 5.1. The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 6. GRIEVANCE PROCEDURE. 6.1. Grievances, as defined in 3.12, shall be resolved in conformance with the following procedure: 6.1.1. Step 1. An EMPLOYEE claiming a violation, concerning the interpretation or application of Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor, as designated by the EMPLOYER. The EMPLOYER designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after receipt by the UNION of the EMPLOYER designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. 6.1.2. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER'S Step 2, answer, in writing, within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following receipt by the UNION of the EMPLOYER designated representative's final Step 2 answer. Any grievance not appealed, in writing, to Step 3 by the UNION within ten (10) calendar days shall be considered waived. 6.1.3. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER'S answer, in writing, within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following receipt by the UNION of the EMPLOYER designated representative's final Step 3 answer. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. 6.1.4. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employee Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employee Relations Board. 6.2. Arbitrator's Authority: 6.2.1. The Arbitrator shall have no right to amend, nullify, ignore, add to or subtract from the terms and conditions of this Agreement. The Arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER 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 El the record. If both parties desire a verbatim record. of the proceedings, the cost shall be shared equally. 6.3. Waiver. if a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof, within the specified time limits, the UNiON may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. 6.4. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION, in each step. 7. . SAVINGS CLAUSE. 7.1. This Agreement is subject to the law. In the event any of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment 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. The EMPLOYER shall establish a seniority list and a copy of that list forwarded to the UNION. 8.1.1. Seniority shall be according to time and date of hire. 8.1.2. In case two EMPLOYEES are hired at the same time, one shall be senior. In case two or more are hired at the same time, seniority shall be determined by lottery (such as the flip of a coin or the drawing of a card). 8.1.3. New EMPLOYEES shall be on a six-month probationary period. The EMPLOYEE shall be certified after that time unless, in the opinion of the Department Head, additional training is necessary before certification. In no event may an EMPLOYEE be subject to more than two consecutive probationary periods. 8.1.3.1. During the probationary period, a newly hired or rehired EMPLOYEE may be discharged at the sole discretion of the EMPLOYER. 8.1.3.2. During the probationary period, a promoted or re -assigned EMPLOYEE may be replaced in his/her previous position at the sole discretion of the EMPLOYER. 8.2. A reduction in work force will be accomplished on the basis of job classification and/or seniority with the EMPLOYEE with the least seniority to be laid off first. 5 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. 9.3 Discharges will be preceded by a five (5) day suspension without pay. 9.4. EMPLOYEES will not be questioned concerning an investigation of disciplinary action unless the EMPLOYEE has been given an opportunity to have a UNION representative present at such questioning. 9.5. Grievances relating to this Article shall be initiated by the UNION at the Step 3 level of the Grievance Procedure of Article 6. 9.5.1 If, as a result of the written response to 6.1.3 Step 3, the grievance remains unresolved and if the grievance.invoIves 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 at reasonable times under the direct supervision of the EMPLOYER. 10. WAGE SCHEDULE. 10.1. EMPLOYEES working out of classification will receive the hourly rate of that position. When a FEO/Firefighter is working out of class, as shift officer on duty, they are paid Captain Wages. 10.2. Hourly salary for Fire Marshall, Captain and Fire Fighter/FEO shall be as follows: 2006 2007 FIRE MARSHALL/ASST. CHIEF $21.74 $22.50 CAPTAIN $18.84 $19.50 L: 11. 12. 13. FIRE FIGHTER after 3 years $18.03 $18.66 after 2 years $17.58 $18.20 after 1 year- $17.12 $17.72 after 6 months $16.65 $17.24 start $16.26 $16.83 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 (1 %2) the hourly rate in accordance with the Federal Fair Labor Standards Act. 10.4. EMPLOYEES will be compensated atone and one-half times their regular hourly rate for working at time other than the EMPLOYEES regularly scheduled shift. Exchanges of shifts between EMPLOYEES under Article 20 of this Agreement do not qualify an EMPLOYEE for overtime under this Section. 10.5. Overtime will be distributed as equally as possible. 10.6. Overtime refused by EMPLOYEES will, for record purposes under Section 10.5, be considered unpaid overtime worked. 10.7. For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 10.8. Overtime will be calculated to nearest fifteen (15) minutes. 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 workday, the EMPLOYEE shall be compensated at one and one-half the hourly rate. ":• MA rel 19 rel 011 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. CLOTHING ALLOWANCE.. 13.1. All Fire Department EMPLOYEES shall be allowed $450.00 -for 2006 and $500.00 for 2007 necessary clothing/supplies/maintenance. All Fire Department EMPLOYEES 7 m 14. shall be issued a reimbursement check annually in January of each year to be used for all necessary clothing/supplies/maintenance of their uniforms. If an EMPLOYEE terminates employment during the year, the City shall receive from EMPLOYEE the unspent balance of year's clothing allowance and his/her uniform. 13.2. The EMPLOYER is to furnish over and above the Clothing Allowance, all protective firefighting clothing and gear, including badges, patches, rank insignia, etc. 13.3. Any changes or additions to protective fire fighting clothing required by City, State or Federal agencies shall be the EMPLOYER'S responsibility to conform. 13.4 The EMPLOYER Will repair or replace eyeglasses necessary to the EMPLOYEE'S performance of duties when eyeglasses are damaged or lost in the line of duty. PERSONAL TIME OFF (PTO). 14.1 Amount allowed. Full time employees shall earn personal leave according to the following schedule: Employees using earned PTO shall be considered to be working for the purpose of accumulating additional personal leave. 14.2 Usage. Personal time off may be used as earned, subject to approval by the Department Head and City Manager of the time at which it may be taken. In order to allow coordination of PTO with family and medical leave, employees seeking to take personal leave may be required to provide enough information about the purpose of the time off to allow a determination of whether the time will also qualify for family and medical leave. If the personal leave also qualifies for family and medical leave, the employee must take both leaves simultaneously. 14.3 Terminal Leave. Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment, will be compensated for personal leave accrued and unused to the date of separation according to the schedule set forth in Section 14.7. 14.4 Waiver of Personal Time Off Prohibited. No employee is permitted to waive personal leave for the purpose of receiving double compensation. 14.5 Procedure. To be eligible for personal leave with pay, an employee shall report as soon as possible to his or her Department Head the need to take personal leave and its estimated duration. 14.6 Workers' Compensation. Employees are covered by the workers' compensation .laws of the State. In the event an employee is disabled and is entitled to workers' compensation, the employee will keep any workers' compensation payments received and eligible to receive a bi-weekly paycheck equal to % pay Hours Accrued Per Year after 6 months 240 hours after 1 year and less than 5 years 456 hours after 5 years and less than 10 years 504 hours after 10 years and less than 15 years 552 hours after 15 years 600 hours Employees using earned PTO shall be considered to be working for the purpose of accumulating additional personal leave. 14.2 Usage. Personal time off may be used as earned, subject to approval by the Department Head and City Manager of the time at which it may be taken. In order to allow coordination of PTO with family and medical leave, employees seeking to take personal leave may be required to provide enough information about the purpose of the time off to allow a determination of whether the time will also qualify for family and medical leave. If the personal leave also qualifies for family and medical leave, the employee must take both leaves simultaneously. 14.3 Terminal Leave. Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment, will be compensated for personal leave accrued and unused to the date of separation according to the schedule set forth in Section 14.7. 14.4 Waiver of Personal Time Off Prohibited. No employee is permitted to waive personal leave for the purpose of receiving double compensation. 14.5 Procedure. To be eligible for personal leave with pay, an employee shall report as soon as possible to his or her Department Head the need to take personal leave and its estimated duration. 14.6 Workers' Compensation. Employees are covered by the workers' compensation .laws of the State. In the event an employee is disabled and is entitled to workers' compensation, the employee will keep any workers' compensation payments received and eligible to receive a bi-weekly paycheck equal to % pay through the use of personal leave benefits. In addition, the employee will be entitled to earn Y of the amount of the personal leave pay they would otherwise be entitled to during an absence from their employment. Employees receiving such workers' compensation will be considered working for the purpose of accumulating additional personal leave benefits. 14.7 Unused Personal Time Off Pay. The current balance of the sick leave bank shall be frozen. A committee, consisting of the City Manager and two members of the Fire Department, who will be chosen by the Union, shall be created and before any Union member of the Fire Department can use any of the sick leave from the bank, he/she must have the approval of the Committee. An unused personal leave pay policy is established subject to the following rules and regulations: (a) The employee must be in good standing and give proper notice of termination in the case of resignation. (b) Qualifying employees shall receive their accumulated PTO up to a maximum as listed in the following schedule: 6 months 1 year, less than 3 years 3 years, less than 5 years 5 years, less than 10 years 10 years, less than 15 years 15 years Maximum Pavment 96 hours 168 hours 528 hours 684 hours 756 hours 828 hours 14.8 Donation of Personal Time Off to Employees with Serious Medical Problems. Employees may voluntarily donate personal leave time in hour increments, which can be converted, to use by employees facing serious medical problems or extended time off due to serious medical problems and who have no accumulated personal leave time or compensatory time available. The use of this donated personal leave must be approved by the Department Head and the City Manager and will be converted to the receiving employee's paid hourly rate. 14.9 Probationary Use. During the probationary period described in Section 8.1.3 of this Agreement, personal leave may not be used. 15. HOLIDAYS. 15.1. All full-time, permanent and probationary EMPLOYEES shall observe the following twelve (12) paid holidays each year, and will receive additional pay or receive another day off according to 15.2. 15.1.1 New Year's Day - January 1 15.1.2 Martin Luther King Day - third Monday in January 15.1.3 President's Day - third Monday in February 15.1.4 Good Friday - Friday preceding Easter Sunday 15.1.5 Memorial Day - last Monday in May 15.1.6 Independence Day - July 4 15.1.7 Labor Day - first Monday in September 9 16. 17. 15.1.8 Christopher Columbus Day - 2nd Monday in October 15.1.9 Veteran's Day - November 11 15.1.10 Thanksgiving Day - fourth Thursday in November 15.1.11 Friday following Thanksgiving Day 15.1.12 Christmas Day - December 25 15.2. These holidays may be: 15.2.1 taken off, unless the EMPLOYER cannot cover the shift without the EMPLOYEE who is requesting time off; 15.2.2 or the EMPLOYEE will receive the extra pay for the holiday; 15.2.3 or the EMPLOYEE may take another shift off with pay 30 days prior to the holiday or 30 days after the holiday at the option of the EMPLOYEE. 15.3. If the EMPLOYEE opts to receive the extra pay in Section 15.2.2 the extra pay will be calculated as the annual base salary divided by 242 for each shift. FUNERAL LEAVE. 16.1. In the event of the death of any EMPLOYEE'S spouse, children, parents, brother or sister, or spouse's parents, the EMPLOYEE will be granted three days of funeral leave with pay, not to be deducted from EMPLOYEE'S accrued personal leave. 16.2. In the event of the death of an EMPLOYEE'S grandparents or spouse's grandparents, brother or sister, the EMPLOYEE will be granted one day of funeral leave with pay, not to be deducted from EMPLOYEE'S accrued personal leave. HOSPITAL AND GROUP INSURANCE. 17.1 The EMPLOYER will pay up to $660.00 in 2006 and up to $710.00 in 2007 per EMPLOYEE per month for employees group surgical/medical and $10,000 life insurance policies and dependents surgical/medical group insurance policy. 17.2 The EMPLOYER will pay 100% of the cost of single coverage of health (medical/surgical) insurance. 17.3 EMPLOYEES are allowed to continue participating in the EMPLOYER'S medical insurance plan as provided in Minnesota Statute 471.61, Subd. 2b. EMPLOYEES participating under the scope of this section shall have full access to all medical insurance options that are available to active City EMPLOYEES. The EMPLOYEE shall pay 100% of the cost. In the event of the EMPLOYEE'S death prior to leaving the EMPLOYER'S medical insurance plan, the EMPLOYEE'S spouse or dependent children shall be allowed to continue medical insurance coverage at 100% of their own expense, provided the deceased EMPLOYEE'S spouse and/or dependent children were covered under the plan prior to the EMPLOYEE'S death. Coverage for the EMPLOYEE'S spouse shall remain in effect until such time that the EMPLOYEE'S spouse becomes eligible for Medicare or Medicaid. 10 Coverage for dependent children will remain in effect until such time that they no longer qualify as a dependent child. 18. SHIFT EXCHANGE. 18.1. 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. 18.2. The EMPLOYEES desiring the exchange of shifts shall request and receive approval of the Department Head or Assistant Fire Chief, who must determine that such exchange will not be detrimental to the work program of the EMPLOYER. 18.3. Notification and approval of the supervisor must be obtained not less than 48 hours prior to the scheduled shifts to be exchanged. 18.4. The EMPLOYER will not be subject to the terms of Section 10.1 of this Agreement in regards to this Article unless the EMPLOYEES exchanging shifts would regularly be subject to Section 10.1 had the exchange not occurred. 19. LONGEVITY. 19.1. EMPLOYEES shall receive longevity pay according to the following: 19.1.1 after seven years - $70.00 per month 20. NON-DISCRIMINATION. 20.1 Neither the Union nor the EMPLOYER shall discriminate against any EMPLOYEE on any basis prohibited by law. 21. CALL-BACK. 21.1. EMPLOYEES called back to work under conditions defined in Section 3.2 will receive a minimum of one (1) hour of overtime pay. 22. DURATION. This Agreement shall be effective as of January 1, 2006 and shall remain in full force and effect until December 31, 2007. 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 13th day of December, 2005. CITY OF ST. ANTHONY Its Mayor Its City Manager INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #3486 Its President Its Vice President 12 0 0 CITY OF ST. ANTHONY RESOLUTION 05-099 A RESOLUTION RATIFYING THE 2006 - 2007 AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3486, REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT BE IT RESOLVED, that the 2006 - 2007 Agreement between the International Association of Firefighters, Local 3486, representing the St. Anthony Fire Department, and the City of St. Anthony is hereby ratified and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City. Adopted this 13th day of December, 2005. ATTEST: City Clerk Reviewed for administration: Mayor City Manager WEI FUTURE COUNCIL AGENDA ITEMS Ypdated December 6, 2005 Meeting Date Meeting Type Staff Items/Issues January 10 Regular 2006 Housekeeping Issues City Engineer 2006 Street & Utility Improvements City Manager Agreement with Hennepin County for Election Equipment January 24 Planning Commission Issues of January17 Park Commission recommendations for Emerald Park January 37 Special Joint Meeting with the School Board February 14 City Engineer Public Hearings on Assessments and Public Improvement Project Award bid for 2006 Project Authorize Bond Sale for 2006 project City Engineer Update on Silver Lake Road February 2$ Planning Commission Issues of February 21 March 14 Bond Sale March 28 Planning Commission Issues of March 21 January 2006 Monthly Planner 1 2 3 4 5- 6 NEW YEARS HOLIDAY 8 9 10- 11 12 13 14 Council GOAL GOAL Meeting SETTING SETTING 1.5 16 17 18 19 20 21 MARTIN Planning LUTHER ACING Commission DAY 22 23 24 25 26 27 28 Silver Lake Council Road Task Meeting Force Meeting 29 30 31- Dec 2005 Feb 2006 .Joint Meeting S M T 'W T F S S M T W T F S with School Board 1 2 3 1 2 3 4 4 5 6 7 8 9 10 5 6 7 8 9 10 11 11 12 13 14 15 16 17 12 13 14 15 16 17 18 18 19 20 21 22 23 24 19 20 21 22 23 24 25 25 26 27 28 29 30 31 26 27 28 Printed y Calen3ar Creator for Minaows on 127672003 February 2006 Monthly Planner PLANNING COMMISSION CONTACT INFORMATION Updated December 6, 2005 Name Term E d Dat U e Joel Strom.gren, Chair .12/08 3201 Beit Lane St. Anthony, MN 55418 (home) 612-7884145 (,work) 612-278-7690 e-mail �istrom,'grenO4nillerdunnwiddie.com. Todd Manson, Vice Chair 12/07 4008 Penrod Lane St. Anthony., MN 55421 (home) 612--781-6701 (work) 612-781-4730 Doi. Jensen 12/08 3 004 Armour Terrace St. Anthony, MIN 55418 (home) 612-789-0325 (e-mail) d'e*.sen meridianl.andcom an .coin. Jim Hoska . 12/06 3209 -- 31 s'Avenue NE St. Anthony, MST 55418 (home) 612-781-8836 (cell) 612-325-1662 Victoria Young 12/06 3113 Rankin Road St. Anthony, MN 55418 (home) 612-781-5928 (e-mail) Dn oung@stthomas.edu San Jenson. 12/07 2 812 Hilldale Avenue St. Anthony, .MIST 55418 (home) 612-788-1242 (work) 612-951-5234. (email) an+enson hone 'ell.com .i vw Heath Galyon 12/07 3 613 Belden Drive St. Anthony, MN 55418 (home) 612788--1162 (e -matt) h1 alon omcast.net �� (cell) 612-578-39244 Staff Liaison: Kien. Moore -Sykes, Assistant City Manager City lull:. 612-782-3312 Fax: 612--782-3302 --Mail: kriQor ci.saint-anthon .mn.us FAPlanning Commission\Comex ssion\pcaddress.doc PARKS COMMISSION CONTACT INFORMATION Updated December 5, 2005 Name Colleen Plallada .2906 Crestview Dr. St. Anthony, MN 55418 Doug Ko ehntop 3408 S.kycroft Drive St. Anthony, NDN 55418 Dan. Ganley 3201. Wendhurst Avenue St. Anthony, MN 55418 Erich Young 3113 Rankin Road. 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" " " --3� " ('9 �,-q rg O D7(3) 4S- N) 0 CC) 09 -Ph, N ---I, MG9 ro. 0 (D w (D w co m ---A (D 4N. ---A w N(D Ch I L" 00 co 00 00 cn 00 (D (.n w cn 00 CS, 0 CD 1..j (n W -4 --4 ---1 --,1 --,1 M --j M M --4 M C) C) 0 m 00 CY) C:) co --J*PO (D NJ C) a CD CD 0 000 CD OO(DOOCDOO CD (D 0 110 0 K) C� (D :3 V� 4A tO <A -60 4QOI� 440 4dl� 0 W -4 -4 .46 W 4A C) -4 W 000 -s -� 00 .- { to CA -4 L" a) w hJ 0 00 01 N C) Ul 00 -Pik 0) 00) -L to W (0 CD C) Ul 0 00 lv W CD 0 0 0 c) C:) (5 CD 25 CD 0 c) = HOUSING AND REDEVELOPMENT AUTHORITY AGENDA CIN OF ST. ANTHONY December 6, 2005 Ca.11 to order. Roll Call. ,IN Approval of November 8, 2005,r H. .A. Agenda. I. Consent Agenda.. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approve November 8, 2005, H.R.A. Minutes. (p.-.2) B. Claims. (p• 3) III. Public Hearings, Iv. General Policy of Business of the H.R.A. vx Staff ReportsS VI. HmRnAn Commissioner Comments. II. Information and, Announcements. VIII. Adjournment, F:\Council Meetings\2005\12132005\HRA.. Agenda.doc 0 CITY OF ST.- ANTHONY 21 HOUSING AND REDEVELOPMENT AUTHORITY MEETING 3 NOVEMBER 8, 2005 4 5 CALL TO ORDER. 6 Chair Faust called the meeting to order at 9:30 p.m. 7 8 ROLL CALL. 9 Commissioners present: Chair Faust; Commissioners Gray, Horst, Stille, and Thuesen. 10 Commissioners absent: None. 11 Also present: Executive Director Michael Mornson and City Attorney Jerome 12 Gilligan. 13 14 15 1. APPROVAL OF NOVEMBER 8, 2005 H.R.A. AGENDA. 16 Motion by Commissioner Horst, seconded by Commissioner Stille, to approve the November 8, 17 2005 Housing and Redevelopment Authority Agenda as presented. 18 19 Motion carried unanimous 20 21 H. CONSENT AGENDA. 22 Motion by Commissioner Gray, seconded by Commissioner Thuesen, to approve the Consent 23 Agenda, which consisted of. - 24 A. H.R.A. Meeting Minutes of October 25, 2005; and 25 B. Claims. 26 27 Motion carried unanimo 28 29 111. GENERAL POLICY BUSINESS OFT H.R.A. 30 A. H.R.A. Resolution 05-011, re: Phase 2 Silver Lake Village, Stacie Kvilvang, Ehlers and 31 Associates. 32 Chair Faust stated this resolution contains the same language as the resolution approved at the 33 City Council meeting, but it needs HRA approval to be acted upon. Stacie Kvilvang replied that 34 is correct, the presentation is identical to what was shown during the Council meeting. 35 36 Motion by Commissioner Stille, seconded by Commissioner Thuesen, to adopt H.R.A. 37 Resolution 05-011. re: Phase 2 Silver Lake Village, with the addition of certified appraisals. 38 39 Motion carried unanimously. 40 41 IV. STAFF REPORTS. 42 None. 43 44 V. H.R.A. COMMISSIONER COMMENTS, 45 None. 46 47 VI. INFO ATION AND ANNOUNCEMENTS, 48 None. 1 2 3 4 5 6 7 8 9 10 Housing and Redevelopment Authority Meeting Minutes November 81, 2005 Page 2 'SII. ADJOURNMENT. Chair Faust adjourned the meeting at 9:33 p.m. Respectfully submitted, Cheryl Felix TimeSaver Off Site Secretarial, Inc. Motion carried ous N ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE 12/06/2005 16:. .Check Register GL540R-V06..70 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT HRAI HOUSING & REDEV CHECKING 009031 CONWORTH, INC. 5882 12/14/05 20.00 000820 DORSEY & WHITNEY 5883 12/14/05 11,111.08 008698 EHLERS & ASSOCIATES, -INC 5884 12/14/05 .71962.50 009140 FOREST LAKE CONTRACTING, 5885 12/.14/05 34,079.16 009232 MN DEPT OF TRANSPORTATIO 5886 12/14/05 956.80 008273 WSB & ASSOCIATES, INC. 5887 12/14/05 9,420.00 HOUSING & REDEV CHECKING 63,549-.5'4 ***