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04/09/1979 - 5738__. �. 1 1.12 THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY CDUNCIL OF APRIL 9, 1979 The Pubtic Hearing Meeting of the Fridley City Council was called to order by Mayor Nee at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of A7legiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Moses, Councilman Fitzpatrick, Councilman Schneider and Councilman Barnette -� MEMBERS ABSENT: None ADOPTION OF AGENDA: Mayor tJee requested an item be added: "Receiving Petition from Residents in the Area of Hickory Drive and Locke Lake Road Regarding the Paving Project". MOTION by Councilman Fitzpatrick to adopt the agenda with the above amend- ment. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the inotion carried unanimously. � PUBLIC HEARIPoGS: AN ON-SALE L LICENSE TO MOTION by Councilman Schneider to i-iaive reading of the public hearing notice and open the hearing. Seconded by Councilman Barnette. Upon a voir,e vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:30 p.m. Mr. Brunsell, City Clerk, stated the Police �epartment made an investigation of this establishment and could find no reason for denial of the licerse. He stated a report was also turned in regarding the food sales in relation �to liquor sales and this business does meet the ordinance requirements. Mr. Sobiech, Public Works Director, stated the Engineering Department made an inspection�of the grounds. He stated the only pro67em at the Shor2wood Inn is the insufficient parking and curbing. He stated he 6elieved the owners of Shorewood Inn have a rental a9reement with Mr. Saliterman regard- ing use of adjacent facilities for parking purposes, however, pointed out this area is still unimproved. . M�r. So6iech stated, since the parking isn't improved, it is diff�icult to put doo-m markings directing people to this space. He indicated that the. area is well graded now, but still needs a g�neral improvement to the standards of a typical parkinq lot. Mr. Sobiech stated what is currently improved.for parking is not sufficient to handle the parking needs. Mr. �icklow, owner of the Shore�wod Inn, stated they plan to improve the parking area, and when asked if it would be paved, Mr. Nicklow stated that '�.. it would. � � ��.� No persons in the audience spoke for or against the renewal of this liquor �'�� license. � �.. MOTION 6y Councilmau Schneider to close the public hearing. Seconded by �'�� Councilman Barnette. Upon a voice vote, all voting aye, �4ayor IJee declared ' the motion carried unanimousiy and the public hearin9 closed at 7:35 p.m. ', i 1.13 1 PUBLIC HEARING MEETING Of APRIL 9, 1979 PAGE 2 � � I Council�an Schneider stated he was pleased with the operation of the Shorewood � Inn and stated it was a pride to the community. ' Mayor Nee stated the Police Department has made a request indicating they would '�, . like advance notice on who the security personnel will be�at the Shorewood Inn ' and also their schedules. Mr. Nicklow stated this could be done and there wouldn't be any problem in supplying this information. TO MOTION by Councilman Schneider to waive reading of the public hearing notice aod�open the hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:36 p.m. Mr. Brunsell, City Clerk, stated the report from the auditors of Sandee's indicate they do meet the ordinance requirement regarding the relation of food sales to liquor sales. He stated the Police Departinent indicates there have been no ca71s to this establishment in the last year and could not find any reason for objecting to renewal ofi the license. Mr. Sobiech, Pub7ic Works Director, stated Sandee's recently installed a sprinkl.ing system so there is some repair work that has tu be done with the sidewalk and some sodding. Regardiny the parking lot improvement, Mr. Sobiech stated the code requires the parking lot be curbed. Mr. Weiss, owner of Sandee's, questioned wlien the curbing was required. Mr. Sobiech stated, he believed, it was in 1969 when this requirement went into effect requiring curbing around parking lots. He stated there was a five year time limit allowed for estab�lishments to bring the parking lots up to code. He indicated the City is working with property owners, when they improve or expand their business, to meet this code requirement. No persons in the audience spoke for or against this request for liquor license renewal. MOTION by Councilman Schneider to close the public hearing. Seconded by Councihaoman Moses. Upon a voice vote, all voting aye, Mayor�Nee declared the public hearing closed at 7:40 p.m. I_ICENSE TO MOTION BY Councilman Schneider to waive reading of the public hearing notice and open the hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, M11ayor Nee declared the motion carried unanimously and the public hearing opened at 7:41 p.m. � Mr. Brunsell, City Clerk, stated they have a letter from the Certified Public Accountant's for the Plaza Villa and they indicated, at this point in time, they are una6le to certify the amount of food sales in relation to liquor sales because the business hasn't been in operation for a long period. Mr. Brunsell stated the Police Department could find no reason for denial of the license renewal. Mr. Sobiech, Public ltlorks Director, pointed out that Plaza Villa is located in the Shorewood Shopping Mall and they are wm�king with the property owners to try and make additional iinprovements. He >tated, as far as Plaza Yilla, they have only soine building code requirements to meet. No persons in the audience spoke for or against this liquor license renewal. � \ __, , _ �� PUBLIC HEARING 14EETIN6 OF APRIL 9> 1979 � PAGE 3 MOTION by Councilman Barnette to close the�public hearing. Seconded by Councilman Schneider. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:44 p.m. PUBLIC NEARING ON AN ON-SALE LIOf10R I iCFIdSF Amn n curannv i rniino �.��.�« r,. MOTION by Councilman Schneider to waive reading of the public hearing notice and open the hearing. Seconded by Councilwoman Moses. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:45 p.m. Mr. Brunsell, City Clerk, stated they have a report from the accountants for Maple Lanes which certify that the food sales do meet the ordinance requirements in relation to the liquor sales. Mr. Brunsell stated the Police Department report indicates there have been no complaints orginating within Idaple Lanes over the last year and based on this information, could see no reason for objecting to renewal of the license. Mr. Sobiech, Public Works Uirector, stated the City is working with Naple Lanes regarding an exterior development program and they have only one year remaining on that program. He stated the owner was in agreement that they would continue with this exterior development program. No persons in the audience spoke for or against this request for liquor license renewal. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, a)1 voting aye, Mayor Nee declared the motion carried unanimously and� tbe public�hearing closed at 7:47 p.m. \" LVRUJf: - ' � MOTION by Councilwoman Moses to waive reading of the public hearing notice �� ' and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a ' voice vote, all voting aye, Mayor Nee declared the motion carried unanimously � and the public hearing ope�ed at 7:47 p,m. i Mr. Brunsell, City Clerk, stated the report from the accountants for the House of Lords indicates the food sales do meet the requirements of the ordinance in relation to the liquor sales. Mr. Brunsell stated the Police Department suggests that the owner provide some type of security on certain evenings of the week and with this in mind could see no reason for objecting to renewal of the license. Mr. Sobiech, Public Works Director, indicated somewhat of a problem in having the exterior development for the ori9inal site coinp7eted. He stated the curbing, driveway and parking lot improvements nave 6een completed, 6ut what remains to be done is the 9enera7 landscaping including screening and certain „NO Parking" signs for the Fire Department. He stated the staff would continue to work with the owners, but would like to have a schedule for completion of the landscaping. Ne suggested such a schedule be submitted before issuance of the license. Mayor Nee requested staff to check if the House of Lords would agree to the recommendation of the Police Department to have security personnel for the three days suggested. MOTION by Counci7woman Moses to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the rtrotion carried unanimously and the public hearing closed at 7:57 p.m. -- ---- _ _ 1 ].5 , PUBLIC NEARING MEETING OF APRIL 9, 1979 PAGE 4 MOTIDN by Councilman Schne9der to waive reading of the public hearing notice and open the hearing. Seconded by Counci]man Barnette. Upon a voice vote, all voting aye,�Mayor Nee declared the motion carried unanimously and the , public hearing opened at 7:51 p.m. . �� Mr. Brunsell, City Clerk, stated the Ground Round meets the ordinance require- !�� ment regarding�the amount of food sales in relation to liquor sales. i He stated the Police Department did make a comment regarding the security I personnel and they would like to know the names of those wcrking as security '�, personnel. With this suggestion in mind, the Police Department could find � no reason for objecting to renewal of the license. �� Mr. Sobiech> Public Works �irector, irdicated there was a minor maintenance probtem in the parking lot on the East side of the building and a call was � received from the Manager who indicated�this would be taken care of as soon as possible. � Councilman Schneider indicated an attachment was received on the Ground Round ��, regarding police calls which raised the question if this means the calis were ' exceptionally high for this 6usiness. INo persons in the audience spoke for or against this request for liquor license ��. renewal. l I MOTION by Councilman Barnette to close the public heari�9•MaSor Needdeclared Councilman Schneider. Upon a voice vote, all voting aye, y the motion carried unanimously and the public hearin9 closed at 7:55 p.m. MOTION by Councilman fitzpatrick to waive reading of the Gublic hearing notice and open the hearing. Seconded by Councilman Schneider. Upor. a voice vote, all voting aye, Diayor Nee declared the motion carried unanimously and the public hearing opened at 7:55 p.ni. Mr. Brunsell, City Clerk, stated the Police Department report indicates there have been a number of calls to this establ�serson onTthe premise�manddfegtthat this business retain a bouncer or security p this would result in considerable time saved by the Folice �epartinent. Mr. Brunsell stated the report from the accountant for George's in Fridley indicates that liquor sales comprise 6DG of the total sales, with food comprising 3690 of the sales, and the game room comprisir.g 4% of the total sales. Nir. Brunsell stated that the food sales should comprise at least 40% of the total sales. he indicated that he felt the ordinance requirement would not take into account the yame room sales. Mr. Herrick, City Attorney, stated the intent of tthe gamearoomWSale� shouldnrt the ratio between food and liquor and, therefore, be considered. - Councilman fitznatrick stated he believed this establ�ishr',ent was 6elow the pointed oututYat thelfoodyservicenhasebeeo considerably�expanded1' but Mr. Sobiech, Public Works, Director, indicated they do have an ouCstanding buildin9 permit, with a landscaping plan, and sirce the building construction was completed late last year, there wasn't an opportunity to complete the landscaping. He indicated the City does have the plan, however, with a bond, an roblem with gettin9 this matter completed. so didn t see Y P �I I I 116 PUBLIC HEARING MEETING OF APRIL 9, 1g7g PAGE 5 F1r. Herrick, City qttorne year was the fact that the�bPjdnted out that�the other consideration last � which may have resulted in thei9enotsmeetipd for a su6stantial 9 the food sales requirementf time Councilman Fitzpatrick stated he 6elieved last below t�y have�doneey were enwuraged to bring the food sal felt the Year, when the sales were � es up which he No persons in the audience spoke for or against this r � license renewal, � equest for liquor MOTION by Councilman Fitzpatrick to close the public hearin Councilman Barnette. Upon a voice vote, a11 voting a e, Ma the motion carried unani 9• Seconded by ��o�IC,— HE-- ARIN� �N AN ON_�u�.lY and the public hearin9yclosed�atN8e00ep�mred MOTION b V� �"y` °VW� ° —��— and o Y Counci7woinan Moses to waive the r a��V�P�nnthe hearing. Seconded by CouncilmandSchneidere Public hearin public 9�e° Mayor Nee dec7ared Upon a voicegvote�ce hearing opened at 8:00 the motion carried unanimousl P�m• Y and the Mr. Brunse77, City Cierk, indicated the Police Department could see no reason � for denial of the 7icense. Mr. Brunsell stated the City hasn't received a food sales in relation to li uor Ry information regarding the Mr. Tam sta q sales and questioned these figures. ted the t;n��..,. __, _ Mayor Nee re �"' `1°" °�' °f their tota7 sales. Office for quested Mr. Tam to submit this information to their records. the Cit Mr. Sobiech, p Y C1erk's for the li uorub��c Works Director, stated, ivhen the a an exterior developmentaandasia9�' the owners � PP>>cation was made date. He 9� plan which ndicated they would submit was required�nted out they have taken care ofathetsprinkling�system which�s Mr. Sobiech stated the owners have indicated the architect froin Hong Kor,g, but suggested that be submitted. y Wanted to obtain an the exterior development p]an No persons in�the audience spoke for or against this re license renewal, quest for liquor MOTION by Counci7man Schneider to close the public Councilwoman Moses. Upon a voice vote, a71 voting a e, the rtrotion carried hearing, Seconded by unanimously and the public heariny Mayor Nee declared Counci7man Barnette stated 9 closed at 8;pp p,m, few places to dine a there �ias a time in Fridley when to these dinin nd p01nted out that many people are there v�ere very Fridle 9 establishments. He stated he fe7t jt con�ing to Fridley Y and a real credit to the businesses. Was a good thing for NEW B___USIhIESS: ""'CI'� " t YCs[oresstate9 Stores,F��e No. 513 and House fi7e No. 490 would a11ow grocer with a strength of up to �% dru s gas stations, et instead of just 3.2 beer. �• to sell beer Mr. Brunsell stated it was� felt this would open up the sate of to a much wider area which would be harder to control, strong beer i i j i i � � i i i i I I i-- - 'l i pUBLIC HEARING MEETING OF APRIL 9, 1979 Mr. Brunsell indicated if the strong beer bil felt the next step would be that wine would a Councilman Fitzpatrick asked about the contrc j� groc2ry stores•� tMtheBbeerewouldahave�a h� for 3.2 beer, excep would�noalon9erebeeany'3 2hbeerhe who7e matt matter'maNeFfeltait�Was�ai�theediscret�ionto' resolution for the Council to consider woul'� to vote a9ainst ii• Councilwoman Moses felt she would just as s h nce to talk to the people in the Legisla me further t 117 _ PAGE 6 goes through, then it was so 6e sold in every store. S, if stron9 beer was sold i1d be the same as it is now �her alcohol content. r is leadin9 to is that there any strong feelings on this , �egislature, ho�.aever, the ie Fridley's representatives a61 is itr.m and have the about why�h�s bill came about. �nund on it. c a , She indicated she would 1� e so , , if it is favor of adoFt�ng Councilmanforrother outletshe Hea9ndicatedPheeouldUbe b� sol > opened up osing S.F. No. 513 and H.F.',No. 490 for the reasons he the resolution opp eo le didn't need any felt the City W°�roblems with alltchemicalsnandmthatapnepte stated he fe there is enou9h p easier acczss. osition because orts CounhOweverBaheewas not too sympathetic Councilman Schreider�stated he So nted out, Inc. of the problem of control. He P a� �iquor Stores, to the points made by the MuniciP ort the position that there may be a other than this reason, he couldn't see any Mayor Nee stated he would also suPP pinted out he felt the letter problem of control. Hep�eedia9 «ith this. N` Pro riate. other reason for not Puor Stores, Inc. was inapp P from the P1unicipal Liq osition in Mr. Qureshi, City Ptanager, stated if the Councilre�ared fortthe Council's opposition to this bill, a resolution has been p P consideration. osition MOTION 6y Councilman Barnette to adopt Resolut�Coun�ilman'SChneidePP Upon Ma or Nee declared the motion carried unanimously to S.F. No. 513� and H.F. No. 490. Seconded by a voice vote, all voting aye, Y ..._.,,.,,.,.��r. �rr,nING THE AGR�T,r„ �.,,,,..__ ., . .. . . i pF FRIDLEY POIIC es in this contract from t e City Clerk, stated tVie two chanS rice Mr. Brunsell, italization contributien which wen previous one was the salaries and hosp �$5.00 per month. He stated the salaries are within the wa9e an P P guidelines for the t�ao year contrac • th� �i��on Mayor Nee questioned if everyone had agreed to the contract. D1r. Qureshi, City Pianayer, stated the correct language has been a9reed upon by and staff and approval is recommended. t Resolution No. 55-M9�9r Neecdealared MOTION by Councilman Fitzpaon�akvo�ce vote, all votin9 aye> Y by Councilman Scheider. Up the motion carried unanimously• __� ��.�nrr FiIF N0. 519 �ND HOUSE FILE N0. Kt�uw�� •°. - - 277 SNADE TREE �ISEASE . MOTION by Councilman Fitzpatrick to adop t Resol,ution No. 56-1979• Seconded by Councilman Schneider. the City had been receivin9 from the Counci7man Schneider asked what funding State for this pro9ram. . � ,. I I I �i I i �I I I i � � II I, i I � I I I �I I �I II i PU6LIC HEARiNG ME[TING OF APRIL 9, 7g7g PAGE 7 Mr. 6runsell stated in 1977, the fundin9 amounted Yo 37% and in 797Q, it was 28Z and it is proposed to be cuC to 14%. He stated the resolution woutd put the Council on record as being in favor of the same leve7 of funding support for 1979 as 1978. UPON A VOICE VOTE ?AKEF! ON THE AOOVE MOTION, a11 voted aye, and Mayor Nee declared the motion carried unanimously. APPOINTMENTS - CITY EMPLOYEES: . MOTIOPt by Councilman Schneider to concur with the fol7o�aing appointments: aPr�1K9Pa1979SandeJean Christianson,kSetretarq20n�FinanceeDepartmentfatC5II98 per rtanth, effective Apr91 76, 7979, Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIFIS • MOTION by Councilman Schneider to authorize payments of Claims tlo, pg6g18 through 096950. Seconded by Counci7man Fitzpatrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the�motion carried unanimously. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Islands of Peace Project (To be paid out of interest rtnney.) Minnegasw � 626 Nicol7et Ma17 � � Minneapolis, Plinnesota 55402 Heating for Islands of Peace Reception Center Northern States Power Co. 4 64.70 P. 0. Box 9477 Minneapolis, Minnesota 5548q � Electrical Power for Islands of Peace at Reception Center � Edward T. Wi7mes ��24'�$ 23707 University Avenue � � Bethel, Minnesota 55005 � Gasoline used for Islands of Peace Meetings ' Seconded by Councilman Barnette. Upon a voice vote, all voting2ayeo Mdyor Nee declared the motion carried unanimous7y, �40TION by Councilman Schneider to receive the above petition.�J.Seconded by Counciln�an fitzpatrick...Upon a voice vote, alt voting aye, Playor Nee declared the motion carried unaninwusly, . , AOJOU___ RryME�JT; MOiION by Councilman Barnette to adjourn the meeting. Seconded by Couacilman Schneider. Upon a voice vote, all voting aye, Mayor IJee declared the motion carried unanimously anA the Public Hearing Meeting of the Fridley City Counci7 ` of April 9, 1979 adjourned at f3:30 p,m. Respectful7y su6mitted, . I Carole Haddad � Sec�•etary to the City Council W�17iam J, Nee Approved: Mayar FF�IDLEY CITY COUNC 1 L PUBLIC HEARI��G i�EETIPlG — F�,PRIL 9, 1979 — 7c>0 P,i1, MEMO T0: DEPARTMENT HEADS FOLLO��ING ARE THE ��ACTIO�dS fJEEDED`�� PLEA3E HAVE YOUR ANSWERS BACK TN7HECITY MANAGER`S OFFICE BY 7HE �'�EDNESDAY BEFORE THE NEXT REGULAR COUNCIL MEETING, THANK YOU � ��r�� S' ��i79 FINANCE FINANCE l�llOPTIOiV OF AGE�JDA: Added: Receiving tN�o petitions Regarding Paving Project-- Hickory and Locke Lake Road PUBLIC HEARIfJGS: PUBLIC HEARING ON AN ON-SALE LIQUOR LICENSE AND A SUNDAY LIQUOR LICENSE TO �riILLIAM A� i'�ICKLOW FOR THE PROPERTY LOCATED AT 61G1 flisHw�v fr65 I��ORTHEAST �DBA SHOREWOOD I NN,_ I NC � ) � � , . . � � • � � � � � � � � � � Heariny Opened at 7:30 P.M. . Closed at 7:35 P.M. ACTIOiJ NEEDED: Put license on next agenda for Council consideration PUBLIC HEARING ON AN ON—SALE LIQUOR LICENSE AND A SUNDAY LIQUOR LICENSE TO I'�ILLIAM F, i�EISS FOR THE PROPERTY LOCATED AT ��'9O CENTRAL AVEfVUE ��ORTHEAST tDBA SANDEE' S, I NC � ) � , � � � � � , � � � � � � � � � � � � 2 Hearing opened at 7:36 P.M. Closed at 7:40 P.i4. ACTION NEEDED: Put license on next agenda for Council consideration PUBLIC FiEARING ON AN ON—SALE LI(1UOR LICENSE APdD A SUNDAY LIDUOR LICENSE TO BARLO, INC� �i'IILLIAM �� P''ICi�URRAY AND GUIDO CAPPELLETTI) FOR THE PROPERTY LOCATED AT bZ59 HIGHWAY �,ES i'�ORTHEAST iDBA PLAZA VILLA), ,�� 3 Hearing opened at 7:41 P.P1. Closed at 7:44 P.M. ACTIOPJ fdEEDED: Put license on next agenda for Council consideration UBLIC EARING ��EETING, aPRIL p, 197� P�GE ., `� PUBLIC HEARIf'dGS: �CONTINUED) PUBLIC fIEARING ON AN ON-SAL[ LIQUOR LICENSE AND A SUNDAY LIQUOR LICENSE TO FRIDLEY �iECREATION AND SERVICE C0� �4�ILLIAf1 H� GOTTVJALDT) FOR THE PROPERTY LOCATED AT E�iO HIGHWAY f`�S i�ORTHEAST �DBA I�APLE LANES), � � � , , . , , 4 Public Hearing opened at 7:45 P.M. Closed at 7:47 P.M. ACTION ^lEEDED: Put license on next regular agenda for Council consideration PUBLIC fiEARING ON AN GN`SALE LIQUOR LICENSE AND A SUNDAY LIQUOR LICENSE TO �OHN G, PURMORT FOR THE PROPERTY LOCATED AT o2g� UNIVERSITY /�VENUE ��ORTHEAST �DBA FiOUSE OF LORDS), , , , , , , , , , , , , , , , , , , , , 5 Public Hearing opened at 7:47 P.M. Closed at 7:51 P.M. E ACTION NEEDED: Put license on next regular agenda for Council.cottsideration PUBLIC HEARING ON AN ON-SALE LIQUOR LICENSE AND A SUNDAY LIQUO.R LICENSE TO NOWAPD �OHNS0�1 COMPANY FOR THE PROPERTY LOCATED AT S2%% CENTRAL AVENUE ��ORTHEAST �DBA GROUND ROUND) � � , , , , , . , , , , , , , , , , , � � � E Public Hearing opened at 7:51 P.ht. Closed at 7:55 P.M. �INt1NCE ACTION NEEDED: Put license on next•regular agenda for Council consideration � PUBLIC HEARING ON AN ON-SALE LIQUOR LICENSE AND A �- SUNDAY LIQUOR LICENSE TO GEOP,GE D� PiICKLOW FOR THE PROPERTY LOCATED AT �IZO EAST RIVER ROAD �DSA GEORGE IS IN FRIDLEY)� ,] Public Hearing opened at 7:55 P.M. Closed at 7:55 P.f4. INANCE ACTIOIJ NEEDED: Put license on nezt regular agenda for Council consideration PUBLIC HEARING ON AN ON-SALE LIQUOR LICENSE AND A SUNDAY LIQUOR LICENSE TO FRIDLEY RICE BOWL, INC, iOLIVER TAM) FOR THE PROPERTY LOCATED AT 1160 FIRESIDE DRIVE liORTHEAST �DBA FIRESIDE RICE BOWL), , , , , , , , , , , , , ,, , , ,, � � Public Hearing opened at 7:00 P.M. Closed at 7:02 P.;4: INAfdCE ACTION NEEDED: Put license on next regular agenda for Council consideration 4 �dE�'d BUSIiIESS; �ONSIDERATION Of TAKING A fOSITION ON $ENATE FILE "�0, 5li AND iiOUSE FILE iVO. ��90 WHICH WOULD ALLOW GROCERY STORES, DRUG STORES, GAS STATIONS, ETC „ TO SELL STRONG �EER� �,, g Resolution No. 54-1979 adopted ACTIOfJ NEE�ED: Inform Legislator$ of Council's position. �A6E � iONSIDERATION OF A RESOLUTION APPROVIN� AND i�UTHORIZIfdG SIGNING THE ��REEMENT ESTABLISHING �'�ORKING CONDITIONS, �'�AGES AND NOURS AF EMPLOYEES OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEARS 1979 AND 1930 (ParRO�MEN), ,,, l� — 10 DD Resolution No. 55-1979 adopted E ACTION NEEDED: Have agreement for 1979 and 1980 executed CONSIDERATION OF A RESOLUTION IN SUPPORT OF SENATE FILE �'�0, 519 AND HOUSE FILE "�0� �%� �SHADE T4EE �ISEASE �ONTROL PROGRAM) , , , , , , , , , , , , , , , , , , , , , 11 — 11 � Resolution fJo. 56-1979 adopted . INANCE ACTION NEEDED: Inform Legislators of Council support APPOINTMENTS - CITY EMPLOYEES, , , , , , , , , , , , , , 1� Concurred with appointments of Inez Kapala, Shirley Haapala and Jean Christianson :TY MANAGER ACTION NEEDED: Personnel Action Forms are being forwarded to Accounting CITY OP PRIDLEY PrTITION COVER SHE�T • Petition No. 4-1979 Date Received APril 16, 1979 objece � In opposition to installation of curbs and gutters (possible substitution of black top surface) re 6800 block of Hickory St. NE and Locke Lake Road petition Checked By Percent Signing Referred to City Council Disposition Date PETITION OF PROTEST � WHOM IT hIhY CONCERN We, the undersigned residents of the 6800 block of Hickory st.N.E. and Locke Iake Rd., prOtest the installation of curbs and gutters as proposed by the FY�idley City CounciL Our reasons are as follows: 1. Most of vs are retired or near retirement age. 2. We feel it is too costly for us to afford as long as inflation con- tinues and interest rates are high . 3. We don't feel that curbs and gutters are needed ( they haven't been needed £or about 20 years now�. 4. Some of us feel that a new black top sisface would be in order , if properly installed. See separate :oo�enate XX . NOTE: A great deal of the present damage on these two streets was caused by the construction company's trucks, bulldozers and a tracked crane during the installation of the sanitary sewer and curbs, gutters, and black top on 69 th Way and Hickory Drive. rIost of us were witnesses to work over several months. . opposed to a new black top suriace on HickorySt and Locked Iake Road. FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: April 9, 1979 ' NAME ADDRESS iTFM muMa=2 �.. FRIDLEY CITY COUNC i L PUBLIC HEARI°�G i'IEETIPlG — �iPRIL 9, 1979 — 7;30 P,i�, PLEDGE OF ALLEGIANCE: ADOPTIO� OF AGEf�t�A: PUBLIC HEARI(�dGS: PUBLIC HEARIN6 ON AN ON-SALE LIQUOR LICENSE AND A SUNDAY LIQUOR LICENSE TO GiILLIAM A, i�ICKLOW FOR THE PROPERTY LOCATED AT 6�61 FIIGHWAY �,t65 I�ORTHEAST �DBA SHOREWOOD INN,. IIJC.) . � , , , , , , , , , ,, , , , � � i PUBLIC HEARING ON AN ON-SALE LIQUOR LICENSE AND A SUNDAY LIQUOR LICENSE TO E'�ILLIAM F, WEISS FOR THE PROPERTY LOCATED AT ��E9O CENTRAL AVENUE P�ORTHEAST iDBA SANDEE�S, INC.)� , , , , , , , , , , , , , , , � � � 2 i, PUBLIC HEARING ON AN ON-SALE LI(�UOR LICENSE AND A SUNDAY LIQUOR LICENSE TO BARLO, INC, (i'IILLIAM .I, P•'ICi�URRAY AND GUIDO CAPPELLETTI) FOR THE PROPERTY LOCATED AT t�ZS9 HIGHWAY {,E5 i'�ORTHEAST �DBA PLAZA �ILLA), , , , , , , , j � PAGE 2 PUBLIC HEARIPdGS; �CONTINUED) PUBLI� HEARING ON AN ON-SALE LI�UOR LICENSE AND A SUNDAY LIQUOR LICENSE TO FRIDLEY RECREATION AND SERVICE CO3 ��ILLIAf1 H� GOTTWALDT) FOR THE PROPERTY LOCATED AT 63�0 FIIGHWAY n'6S ��ORTHEAST iDBA i•�APLE LANES). , � , � . , , . �4 PUBLIC NEARING ON AN ON-SALE LI�UOR LICENSE AND A SUNDAY LIQUOR LICENSE TO �OHN �, PURMORT FOR THE PROPERTY LOCATED AT SZ9`� UNIVERSITY IIVENUE �JORTHEAST �DBA FiOUSE OF LORDS) � � � � , , � � � , , , � � � � . . � � . S PUBLIC HEARING ON AN ON-SALE LIQUOR LICENSE AND A •SUNDAY LIQUO,R LICENSE TO HOWARD �OHNSON COF1PANY FOR THE PROPERTY LOCATED AT SZ�� CENTRAL AVENUE �IORTHEAST �DBA �ROUND ROUND) � � � , , , . . . . , , . � � � � � � . � � . � PUBLIC HEARING ON AN ON-SALE LIQUOR LICENSE AND A � SUNDAY LIQUOR LICENSE TO GEORGE D� NICKLOW FOR THE PROPERTY LOCATED AT 3720 Easr RIVER ROAD �DBA GEOR6E IS IN FRIDLEY)�:, ] PUBLIC HEARING ON AN ON—SALE LIQUOR LICENSE AND A SUNDAY LIQUOR LICENSE TO FRIDLEY RICE BOWL, INC, �OLIVER TAM) FOR THE PROPERTY LOCATED AT 1160 FIRESIDE DRIVE ;'IORTHEAST �DBA FIRESIDE RICE BOWL), , , , , , , , , , , , , ,. , , ., , $ �AGE .3 �JE�.J BUSI�IESS: CONSIDERATION OF TAKING A POSITION ON SENATE FILE "�0, 51� AND NOUSE FILE iVO, 49O WHICH.WOULD ALLOW GROCERY STORES, DRUG STORES, GAS STATIONS, ETC „ TO S[LL STRON6 BEER� ,,, 9 CONSIDERATION OF A RESOLUTION ,APPROVING AND AUTHORIZIfJG SIGNING THE �GREEMENT ESTABLISHING �t�ORKING CONDITIONS, �'IAGES AND NOURS OF Ei�PLOYEES OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEARS 1979 aND Zg3D �PATF�OLMEN)� ,,, 10 - 10 DD CONSIDERATION OF A RESOLUTION IfJ SUPP�RT OF SENATE FILE ��0, 519 AND HOUSE FILE "�JO� Z]% �SHP,DE TREE DISEASE CONTROL PROGRAM) , , , , , , , , , , , , , , , , , , , , , 11 - 17 C 0 APPOINTMENTS - CITY EMPLOYEES, , , , , , , , , � � � 1� • PUQLIC HEARING 6EFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the Fridley City Fiall, 6431 University Avenue North- east, on f4onday, April 9, 1979 at 7:30 p.m. on the question of issuing a regular On-Sale Liquor and a Sunday Liquor License to William A. Nicklow for the property located at 6161 Highway #65 North- east. (dba Shorewood Inn Inc.) Anyone having an interest in the matter should make their interest known at this public hearin9. MARVIN C. BRUNSELL CITY CLERK PUBLISH: March 28, 1979 April 4, 1979 1 2 PUQLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the Fridley City Hall, April 9, 1979 at 7:30 p.m. on the question of issuing a regular On-Sale Liquor and a Sunday Liquor license to tJilliam F. Weiss for the property located at 6490 Central Avenue Northeast. (dba Sandee's Inc.) Anyone having an interest in the matter should make their interest known at this public hearing. MARVIN C. BRUNSELL CITY CLERK Publish: March 28, 1979 April 4, 1979 PUBIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the Fridley City liall, 6431 University Avenue North- east on Monday, April 9, 1979 at 7:30 p.m. on the question of issuing a regular On-Sale Liquor and a Sunday Liquor license to Barlo, Inc. (4lilliam J. McMurray and Guido Cappelletti) for the pro- perty located at 6259 Highway #65 Northeast. (dba Plaza Villa) Anyone having an interest in this matter should make their interest known at this public hearing. MARVIN C. BRUNSELL CITY CLERK Publish: March 28, 1979 ' April 4, 1979 0 >; PUl3LIC HEARING ' QEFORE THE CITY COUNCII TO WNOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the fridley City Hall, 6431 University Avenue North- east, on Monday, April 9, 1979 at 7:30 p.m. on the question of issuing a regular On-Sa7e Liquor and a Sunday Liquor license to Fridley Recreation and Service Co. (William H. Gottwaldt) for the property located at 6310 Highway �65 Northeast. (dba Maple Lanes) Anyone having an interest in the matter should make their interest known at this public hearing. MARVIN C. BRUNSELL CITY CLERK Publish: Alarch 28, 1979 April 4, 1979 L� 5 PU[3LIC HEARING t3EFOR[ THE CITY COUNCIL TO WNOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the Fridley City Hall, 6431 University Avenue North- east on Monday, April 9, 1979 at 7:30 p.m. on the question of issuing a regular On-Sale Liquor and a Sunday Liquor license to John G. Purmort for the property located at 8298 University Avenue North- east. (dba House of Lords) Anyone having an interest in the matter should make their interest known at this public hearing. MARVIN C. BRUNSELL CITY CLERK Publish: March 28, 1979 April 4, 1979 � PUQLIC HEFIRING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the Fridley City Nall, 6431 University Avenue North- east, on P�onday, April 9, 1979 at 7:30 p.m. on the question of issuing a regular On-Sale Liquor and a Sunday Liquor license to Howard Johnson Company for the property located at 5277 Central Avenue Northeast. (dba Ground Round) Anyone having an interest in this matter should make their interest known at this public hearing. MARVIN C. 6RUNSELL CITY CLERK PUBLISH: March 28, 1979 April 4, 1979 _ � `; PU(3LIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the Fridley City Hall, 6431 University Avenue North- east, on Monday, April 9, 1979 at 7:30 p.m. on the question of issuing a regular On-Sale Liquor and a Sunday Liquor license to George D. Nicklow for the property located at 3720 E. River Road. (dba George Is In Fridley) Anyone having an interest in the matter should make their interest known at this public hearing. MARVIN C. BRUNSELL CITY CLERK Publish: March 28, 1979 April 4, 1979 � 7 ■ � ,) PUE3LIC HEFlRING 6EfOR[ TNE CITY COUNCIL TO 4JHOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley wi17 hold a public hearing at the Fridley City Hall, 6431 University Avenue North- east, on Monday, April 9, 1979 at 7:30 p.m. on the question of issuing a regular On-Sale Liquor and a Sunday Liquor license to Fridley Rice Bowl, Inc. {Oliver Tam) for the property located at 1160 Fireside Drive Northeast. (dba Fireside Rice Bowl) Anyone having an interest in this matter should make their interest known at this public hearing. MARVIN C. BRUNSELL CITY CLERK Publish: March 28, 1979 April 4, 1979 : Parkin n. ao�e:n : �ake Jensen ��: Fau: Ite Fuchs i: King • ne .�n A. Boresh �se lake t. nna�r� :��ne s c. w�d � o��9n,o� �a�c��e iey Surprenant �2�c�;c ;�e ..��.u� ��ea G INCORPORATED An orc�anixation of municipally-operated Dispensarics of Minnesota HEL('! - Ef�ERGENCY! --------------- Dear Fellow Ptanaqer, Mayors and Councilmen: An eirergency has arisen at the State Iegislature which could have devastating effects on your op�rations if thi.s piece of legislation passes out of the Senate or House. T am referring to Senate Fi].e PIo. 513`and House File No. 990 which would eliminate 3.2 }�er. in the Stat� of Minnesota, �9nacTh ��ould then allow grocery storns, cirug stores, gas stations and 3.2 beer . joints to sell the saire beer as we sell in our liouor store. (This Bill is known at the capitol as the 7o beer bill). Xou can easily realize what this would do to our beer sales, which in many stores account for 40 to 50 percent of their gross sales. The gmceiy stores and gas stations, I am sure, would use this product as a"lost leader" selling it at, or even belo�a cost to attract custo�rs t.0 tY1C�lY StOY25. k'e taere .unable to stop this Bill in the sub-corrnt�ittee and I am asstuning now th�t ii: wi11 trost likely squeeze out of the full coTrmi.ttee, and then cae have problems. So, I desperately need your help, and tiir� is of the essence. Mayors and Councilr,en - please act now! SVrite your Senator and Representative, ca11 them ai�d talY. to them. It doesn't make any difference at all how small your town is, as one of his or her constituants you are the only ones they taill really listen to, If this bill goes thirough, I can a]irost guarantee you that 4�7E will be next - and we can kiss our stores good-bye! — Please act now - don't delay this for one day if you can help it. I would appreciate it if you could m3i1 a duplicate copy of your letters to m� at the return address on the envelope. Then I wilZ �aa who has been contacted euid I can ].et you knaa hav they votecl. Zhanking you in advzu�ce for your deep concea.-n i.n this very inq�ortant �tter, I am, Respectfully yours, /- ��'� Alec Parkin Fresident � RESOLUTION N0. 1979 A RESOLUTION APPROVING AND AUTHORIZING SIGNING THE AGREEMENT ESTABLISHING WORKIN6 CONDITIONS, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRI-0LEY POLICE DEPARTMENT FOR THE YEARS 1979 AND 1980 (PATROLMEN) WHEREAS, Minnesota Teamsters Public and Law Enforcement Employees Union Local No. 320, as bargaining representative of the Patrolmen of the City of Fridley Police Department, has presented to the Council of the City of Fridley various requests relating to the working conditions, wages and hours of employees of the Police Department of the City of Fridley, and WfiEREAS, The City of Fridley has presented various requests to the Union and to the employees relating to working conditions, wages and hours of employees of the Police Department of the City of Fridley, and WHEREAS, Representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City, and WHEREAS, Agreement has now been reached between representatives of the two parties on the proposed changes in the existing contract between the City and the Union. � NOW, THEREFORE, BE IT RESOLVED, Ey the City Council that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit "A") relating to working conditions, wages and hours of Patrolmen of the City of Fridley Police Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1979. ATTEST: CITY CLERK - MARVIN C. BRUNSELL MAYOR - WILLIAM J. NEE �'; ARTICLE I— PURPOSF OF AGREEM[NT------- �n�.� ----------------------------------- 1 ARTICLL II - RECOGNITION----------------------------------------°-------------- 2 AR7TCLE III -`pEFItVITION-------------------------------------------------------- 2 ARTICL[ IV -�EMPLOYER SECURITY-------------------------------------------------- 3 ARTICLC V- EMPLOYER AUTHORITY-------------------------------------------------- 4 ARTICLE VI - UNIOM SECURITY----------------------------------------------------- 4 ARTICLE VII — EMPLOYEE RIGHTS — GRIEVANCE PROCEDURE----------------------------- 5 ARTICLE VIII — SAVINGS CLAUSE___________________________________________________ 10 ARTICLE IX — SENIOP,ITY---------------------------------------------------------- 10 ARTICLE X — DISCIPLINE---------------------------------------------------------- 11 ARTICLE XI — CONSTITUTIOIJAL PRUTECTION---------------------- ------------------- �Z ARTICLE XII — WORK SCHEDULES____________________________________________________ 12 ARTICLE RIII — OVERTif•1E--------------r------------------------------------------ 13 ARTICLE XIV — COURT TIME-------------------------------------------------------- 13 ARTICLE XU — CALL 6ACK Ti(�iE--------------------------- ARTICLE XVI — WORKING OUT OF CLASSIFICATION-------- — 14 ----- 14 ' ARTICLE XVII — II�SURANCE--------------------------------.,_ ---------------------- 14 ARTICLE XVIII — STAND6Y PAY----------------------------------------------------- 14 Af�TICLE XIX — UNIFORMS------------------------------------------------ ARTICLE XX — INJURY ON DUTY___________________________________________ ARTICLE XXI — LONGFVITY AND EDUCATIOIdAL INCENTIVE---- ARTICLE XXII — WAIVER-------------------------------- ARTICLE XXIII — DURATION----------------------------- APPENDIX A ------- 14 ------ 15 ------------------------ 16 ------------------------ 18 --------------------------- 19 ARTICLE F�-1 — WAGE RATES------------------------------------------------°------ 20 API'ENDIX t3 ARTICLC D-1 — LEGl1L D[�ENSE—.�-----------�---------------------------------------- 21 ARTICL� B-2 — LOSS OF SEldI01tITY--�---------------------------------------------- 22 lIRTJCLG Lt-3 — PROG/1TIClfd",G:Y P�l;IODS--------------------------°---------°-------- 22 10 C MASTER L11BOR AGREEMENT II�TkTEEN AND • MINNESOTA TEAMSTERS PUBLIC AND LAW ENPORCEM�NT EMPLOYEES' UNION, LOCAL NO. 320 ARTICI,E I PURPOSE OF AGR�Et+tENT This AGREEMENT is entered into as of March 19, 1979 petween —��--� — the CITY OF FRIDLEY , hereinafter called the EMPLOYER, and the MINN�SOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320, hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: . 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and . L 2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. - -1- -z- , ARTICL� II ItECOGNITION 2.1 ,The �MPLOY�R recognizes the UNION as the exclusive ,� :'zepresentative, under Minnesota Statutes, Section 179.71, Subdivieion 3, for a11 police personnel in the following job classifications: 1. Police Officer 10 D 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement 3.2 3.3 3.4 3.5 3.6 3.7 �_ . Employees' Union, Local No. 320. UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. EMPLOYEE: A member of the exclusively recognized bargaining unit. DEPARTN�NT: The Fridley Police Department. EMPLOYER: The �jty of Fridley • CHIEF: The Chief of the Fridley Police Department. UNION OFFIC�R: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. ffSa -3- 3.6 INVESTIGATOR/DLTECTIV�: An employee specifically assigned.or classified by the EMPLOY�R to the job classification and/or job position of INV�STIGATOR/ DETECTIVE. 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.10 SCHEDULED SHII'T: A consecutive work period including rest breaks and a lunch break. 3.11 REST BR�AKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.13 STRIKE: Concerted aciion in failing to report for duty, the will£ul absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICL� IV �MPLOY�R SECURITY The UNION agrees that during the life of this AGREEr7ENT that the UNION will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with.the normal funciions of the EMPLOYER. _3_ 10 E �' ARTICL� V EMPLOX�R ATJ'P110RITY 5.1 , The �MPLOYPR retains thc full and unrestrictecl right.to 5.2 10 F operate and manage all manpower, facilities, and equipment; :.. ''; �to establish functions and pzograms; 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. 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 UNION SECURITY 6.1 6.2 The EMPLOYER shall deduct f�om the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues as directed by the UNION. Such monies shall be remitted The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMLOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee � bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EDSPLOYER harmless against any and all claims, suits, orders, or judgmcnts brougk�t or is�ued agai.nst the EMPLOY�R ac a result oi any action t��ken or not takcn i�y ihe Eb7PL0�'IiR under thc provisions oi this Ar.ticle. -[� _ 10 G ARTICL� VII �MPLUYL� liIGI�TS - GRI�VANCL PROC�DUR� 7. 1 DT'I'INITION OI' A GRIT'VANC� A�rievance is defined as a dispute or disagreement as to the interpretation or ap�lication of the specific terms and conditions of fhis AGR��M�NT. 7. 2 UNION REPR�SENTATIVF.S The EMPLOYER will recognize R�PR�SENTATIVES designated l� the UIVION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The iTi\rION shall notify the EMPLOYER in wrifing of the names of such UnTfON REPRESENTATIVES and of their successors when so designated as provided by 6, 2 of this AGREEIVIENT. 7• 3 PROC�SSING OF A GRIEVANCE It is reco�ized and accepted by the UNION and the En7PLOYER that the processing of grievances as hereivafter 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 responsibiliti.es. , The aggrieved E11qPTAy�E and a UNION REPRESENTATIVE shall be allowed a reasonabie amount, of time without loss in pay when a grievance is invesiigated and prese�ited to the EAZPLOi'�P during normal working hours provided that fhe EnTPLOi'E� and the UN10N REPIiES�NTATIVL l�ave notificd and received tlie approval of the designated supervisor �vho has determined that such aUsence is reasonaUle and n�ould not bc detrimenisl to the �vorlc progran�s of the En4PL01J:13. -5- 7.4 PROCrDURL Grievances, as defined by Section 7. 1, shall Ue resolved in con- formance with the following procedure: Step 1. An �MPLOY�� claiming a viqlation 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 EMPLOY��'S supervisor as designated by the �MPLOYER. The EMPLOY�R-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 AGREEM�NT allegedly violated, the remedy requested, and shall Ue appealed to Step 2 within ten (10) calendar days after the EMPLOI'�R-desigilated representative's final answer in 5tep 1. Any grievance not appealed in writing to Step 2 by the UT�TIOIQ within ten (10} calendar days shall be considered waived. Step 2. If appealed, fhe written grievance shall be presented by the UATION and discussed tivith the EMPLOYER-designated Step 2 representative. The EMYLOY�R-designated representative shall give the UNION the �A4PLOY�R'S Step 2 answer in �vriting ��ithiii ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resoived in Siep 2�.nay be appealed to Step 3 witlun ten (10) ca.lendar days follo�aiiig tl�e �A7PI.OYI3R-desi;mated represciit- -6- 10 !� 10 I aLivc's final Step 2 answer. Any yricvance not appealed in writing to Stcp 3 by the UN10N within ten (10) calendar days ;; shail be considered waived. Step 3. If appealed, the written grievance shall be presented by tl�e UNION and discussed ��ith the EMPLOI'ER-designated Step 3 representative, The �MPLOI'�R-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 foliowing the �MPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION �vithin ten (10) calendar days shali be considered waived. ' Sfep 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UIVION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbifrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as estaHished 1� the PuUlic �mployment Relations Board. 7. 5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or suUtract from the terms and conditions of this AGR�P:A'I�NT. The arUitrator shall consider and decide � -7- 10 J onl.y the specific issuc(s) submittcd in writin� by the LMPLOi'�R and tlie UNION, and shall have no authority to malce a decision on any other issue not so submitted. B. The arbitrator shall Ue 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 shali ' be submiited in writing within thirty (30) days following close of the hearing or fhe submission of briefs by the parties, whichever be later, unless the parties agree to an esiension. The decision shall be binding on both the �R2PLOI'ER and the UNION and shall be based solely on the arbitrator's interpretation or appiication of the express terms of this AGR�EM�NT 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 �MPLOYER and the UNIOIQ provided that each party shall be responsiUle fo: compensati.ng 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. Ff both parties desire a verbatim record of the proceedings the cost shall be sliared equally, _� �. s wn�v�r� If a grievance is not presentcd within the time limits set forth aUove, it shal.l Ue 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 �MPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof �vithin the specified time limits, the UrTION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7. 7 CHOICE OF REMEDY If, as a result of the �vritten En2PLOYER response in Step 3, tl�e 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 4 of Article VII or a procedure such as; Civil Servzce, Veteran's Preference, or Fair Employment. If appealed to any procedure other thau Step 4 of Article VII ihe grievance is not subject to the arUitration procedure as provided in Step 4 oi Article VII. The aggrieved employee shall indicate in writing �vhich procediire is to Ue utilized--Step 4 of Arficle VII or another appeal procedure--and shall sign a statement to ilie effect that tlie choice of �u1y oil�cr l�earing preclude , ihe a�grieved en�plc>yee -9- i�;� -10- irom making a subsequent appeal through Step 9 of ' .,,Article VII. � ARTICL� VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Fridley. . In the event any provision of this AGREEN,�NT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taY,en within the time provided, such provisions shall be voided. All other provisions of this AGREEr:ENT sha11 continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 9.2 9.3 Seniority shall be determined by the employee's length of 10 L continuous employment taith the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER_ During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the EMPLOYER. A reduction of work force will be accomplished on the basis of seniority. -10- 10 M Employees shall be recalled ir.om layoff on the basis of , seniority. An employee on layoPf shall have an opportunity "--.tio return to work within two years of the L-ime of his� 'layofi before any new employee is hired. 9.9 Senior employees wi11 be given preference with regard to transfer, job classification assignments and promotions when the job-relevant quaZifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time emoloyment. 9.6 One continuous vacation period shall be selected on the basis of seniority until May lsfi of each calendar year. ARTICLE X DISCIPLINE 10.1 The EMPLOYER will discipline.employees for just cause only. Discipline will be in one or more of the following forms: a} oral reprimand; b) written reprimand; c). suspension;. d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 i9ritten reprimands, notices of suspension, and notices of discharge which are to become part oi an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine tlieir own individual personnel files ai rea�onable times under the direct superviszon of the Eh1PL0YER. -11- � -12- 10.5 Discharges will be preceded by a iive (5) day suspension without pay. lo r�� 10.6 Employees will not be questioned concerning an investiyation of disciplinary action unless ihe employee has been given an opportunity to have a DNION representative present at such questioning. 10.7 Grievances relating to this ARTICLE shall be initiated by the UNION in Step 3 of the grievance procedure under Article VII. ARTICL� XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII jVORK SCfiEDULES 12.1 The normal work year is two thousand and eighty hours (2,080) to be accou•nted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothinq contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of ]iours the �PiPLOY�R may assign employees. -12- � 0 -13- ARTICLE XIII OVERTIMB ' 13.1°.�'iEmployees will be compensated at- one and one-half (1-1/2j times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this I�rticle. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the bbligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. ARTICLE XIV COURT TIME An employee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regular].y. scheduled shift Eor Court appearance do�s not qualify the employee for the two (2) hour minimum. -13- 10 0 -lh- ARTICLE XV CI�LL BACK �TIME An employee who is called to duty during his scheduled off-duty time shall receive a minimum of two (2) hours` pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the emp].oyee for the two (2} hour minimum. ARTICL� XVI WORKING OUT OF CLASSII'ICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE XVII INSURI�NCE The EMPLOYER will contribute up to a maximum of seventy-five dollars ($75.00) per month per employee toward health, life and long-term disability insurance in 1979 and eiqhty dollars ($80.00) per month in 1980. � ARTICLE XVIII STANDIIY PAY Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one hours` pay for each hour on standby. ARTICL� XIX' UNIFORMS The EMPLOYER sliall provide required uniform and equipment items. _jq_ 1� P • -is- A)2TICL� XX INJURY ON DUTY �mployees injured dUring the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's' regular pay and Worker's Compensation insurance payments for a period not to.exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave or other accumulated paid benefits, after a five (S} worY.ing day initial waiting period per injury. The five (5) working day waiting period shall be charged to the employee's sick leave account less Worker's Compensation insurance payments. e ' -15- 10 (� ARTTCL� Y.XI LONGEVITY AND �DUCATI�NnL INCENTIV� lO F �ffective July 1, 197Q the following terms and conditions are effective: 21.1 After iour (4) years of continuous emplo ent each employee shall choose to be paidrt hr e�rcent (3$) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this ARTICLE. 21.2 After eight (8) years of'continuous employment each employee shall choose to �e paid supplementary pay of five percent (5�) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this Article. 21.3 After twelve (12) years of continuous emoloyment each employee shall choose to be paid supplementary pay of seven percent (70) of the employee's base rate or supplementary pay based on educational credits'as outlined in 21.6 of this Article. 21.4 After sixteen (16) years of continuous employment each employee shall choose to be paid supplementary pay of nine percent (90) of the employee's base rate or supplementary pay based on educational credits as outlined in 21•6 of this Article. 21.5 Employees may choose supplemeniary pay either for length of service or for educational credits no more often than once every iwelve (12) months. � -1G- -17- 1� $ 21.5 Supplementary pay based on educational credits will � :be paid to employees after twelve (12) months of continuous employment at the rate of: Education Credits stated in terms of college quarter credits 45 - 89 90 - 134 135 - 179 180 or more Percentage Pay Increment 3$ 5$ 7� 9� Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related. (Thus, a 4 year degree is not automaticalZy 180 credits -- or a 2 year certificate is not automatically 90 credits.) Job- related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of these courses would Xield a total of 11 qualifying credits. C.E.U.'s (Continuing Education Units) in job-related seminars, short courses, institutes, etc. shall also be counted. The EMPLOYER shail determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-370-A. � -17- ARTICLF XXII WAIVL•'R 22.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions af this AGREEM�NT, are hereb}� superceded. 22.2 The parties mutualiy acknowledge fhat during the negoitations which resulted in this AGRE�MENT, eacli had the unlimited right and opportunity to malce demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in wriiing in f.his AGR�ERR�NT for the stipulated duration of this AGREEMENT. The EMPLOY�R and the UNION each voluntarily and unqualifiedly waives the right fo meet and negotiate regarding any and all terms ' and conditions of employment referred to or covered in this AvREEMENT or with respect to any term or condition of ' employment not specifically referred to or covered by this AGREEII�NT, even though such terms or conditions may not have been within the Icnowledge or conteinplation of either or tath of the parties at the time this coniract was negotiated or executed. 0 'j(j- 10 T � -i9- . 10 U ARTICLE XXIII DURATION This AGREEMENT shall be effective as of January 1, 1979, except as herein noted, and shall remain in full force and effect until the thirty-first day of December, 19II0. In witness whereof, the parties hereto have executed this AGREEMENT on this day , �979, � FOR M.A.M.A. FOR (NAME OF EMPLOYER) FOR I.B.T., LOCAL N0. 320 -20 APPENDIX A 1. WAGE RATES (a) for employees hired prior to P4arch 15, 1979, the following wage rates shall apply: 1979 1980 Start.. ....................... .. .$1,099 $1,200 After Six Months ......................... 1,314 1,435 After One Year ............... ......... 1,418 1,533 After Two Years ....................... 1,522 1,638 After Three Years ................................. 1,626 1,750 (b) For employees hired on March 15 or later, the following wage rates will apply: Start.... .... + . . .................... .$1>057 $1,138 After Six Months ..... .:.......................... 1,138 1,225 After One Year .......... ................ 1,301 1,400 After Two Years ........................ � � 1,463 1,575 After Three Years ............. .......... ........ 1,626 1,750 2. (a) Employees classified or assigned by the �MPI,OY�R to the following job classifications or positions will receive eighty-five dollars ($85.00) per month or eighty-five dollars {$85.00) pro-rated for less than a full month in addition to their regular wage rate: Investigator (detective) School Liaison Officer Juvenile Officer Dog Hancller Paramedic. (b) Employees classified by the EMPLOYER to the following job classification will receive fifty dollars ($50.00) per month or fifty dollars ($50.00) pro-rated far less than a full month in addition to their regular wage rate,: CorPora].. -20- 10V _21_ APP�NDIX II This supplementary agreement is entered into between the City of Fridley and Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320 for the period beginning January 1, 1979 and ending llecember 31, .1980 Nothing is this supplementary agreement may be in conflict with any provision of the MAST�R AGREE2d�NT between M.A.M.A., the City of Fridley , and I.B.T_, Local No.'320. In the event of conflict the PiASTER AGREEMENT wili prevail. ARTICLE B-I LEGAL DEFENSE B_7,� Er.iployees involved in litigation because of proven negligence, or i�on- 10 W observance of laws, or of a personal nai:ui�c, may not i^eceive legal defense by.the munici}�ality. B-7,p Any employee who is charged with a traffic violation, ordinanCe violation or.q•iminal offense arising fr,om acts performed t,�i'thin�the sco�e of his employment, �-rhen such act is perfornied in good iaith and under direct order of his supervisor, shal7 be reimbursed�for attorney's fees ai�id couri: costs. _ actually incurred by sucii employee ir� defeiidiny againsi: such charge. g_�,3 The City of f'ridley will pruvide rn•otection f�r all Officers and Patrolmen against:false arrest charges. -21-. � �: _pp_ A(ZTICL[ a-2 LOSS Of' SENIORITY ' . a-2.i Cmployees sl�all 7ose ti7cir senioi'ii:y for tlie fol7ot�ring reasons: 10 X . a. Discharge, if noi: rever,ed. b. Itesignation. , • c. Une�ccused failure to return to �vork after expiration of a vacation � or formal leave of absence. Events beyond the control of the ea;ployee ��rhich prevent the'employee from returning to work arill noL• cuase loss of seniority. • d. Retirement. ARTICLE B-3 PROBATIONARY PERIODS R11 nek�ly hired or reh�ired employees will serve a i:t•�elve (12) months • probationary per,od. . � ARTICLE B-4 VACATIONS � � " Each employee of the City t�1ho has worked regularly fcr the City for a period of not less than t�aelve (12) successi��e months,is errci�led to a� _. vacation aivay from emplo��ment with pay. 1�acatioii pay shall be computed at � the regular rate of pay io which such employee -is ent9tled. Nn employee who has vrorkeQ a minimuai of tivelve (72} moi�tiis is entitled to one (l) ' S•�orl:day of vacai;ion for each month so �•iorked., 14n employee i•iho has r�o� ked eight��-Four (II4) consecutive mori:hs is entitled to one and one-half (1.•1/?_) r�or};days of vacation for each montli worl:ed f�egim;ing with the eighty-fifth �(II5) month of consE�cui:ive employ„ent:. An etnplo,yee wlio has t�rorl:ed one himdred eighty (130) successive months is entit�ect to one and i:tao-thirds (1-2/3) wo�•4;days of vacation for each month i•rorked 1�eginning �vit.h �tne oii^ hundred ciglrty-fit•sC (1£lst) inoni:h of consecut'ive emplo��neni:. -22- 0 -23- AIt7ICl.0 p-5 fIOLIDAYS , Employees will reccive eleven (11) holidays. AR7ICLE B-6 SICK LEAVE � •• 10 Y .� , B-6.l Any employee vrho is unable to ��rork becausc of sickness or injury may nbtain a leave of aUsence upon notice to the C�ity. IJrii:ten verif9cation of his condit•inrr by a competent medical authority may be �•equired, Failure to notify ti��e City sul,jects the� eaiployee to anpropriate disciplin� by the City. � __ g_6,2 Each employee of i:he City who has ti��orked regularly for the City for a period of not less than ta!elbe (12) successive months is entitled to s"ick leave. Sick leave pay shall be computed -at the re,ular rate of pay io which such employee is entitled. An emplo�ee is entitled to one (lj day of sick leave for each month wori:ed, cumulative to one Iwndred tw2nty (120) days of sick leave. Afier one hundr�d i;r,enty (12D) earned and unus2d days of sic�C leave have accumuiated, one (1) clay adc{itional vacation shall be granted to an employee for every three (3) sicl; leave days earnec! and unused. 7he emplo;�ee may elect, after° ninety (90� earned and unused days of sic{: leave have accumulated, to receive one (1} day additional vacation for ever,y Lhree (3) sicl: days earned and unused. Sick 1eave days sha71 noi: accumulate beyond one I�undi°ed t�venty (120}, 6�fore any sick leave compensai:ion is paid, the City may request and is entitled to rece�ive from any employee 4Vi10 fidS been absent more i:Lan th�•ee (3) days in succession, a certif•icate s�igned by a Competent p{i,ysician or other medir.al ati:enciani; certifyinj to .the fact that the absence tvas in fact uue to sickness and not uther�•�ise: ?he City also reserves th� righC to have an examination made�ai: any i:ime <�f any person cl�iming absence by reason of sic{;ness; such examinai:ic�n may be made . when tlic Cii:y dcems Che s�jmc rcasonably nec.es:;ary •i:n verif,y i:he sickness claimed <�ncl ma,y be inade in behali' of the C�ii.y h,y any competent person clesignai:ed by thc CiCy. -23- r -2a- 10 Z IIkTJCL[ [3-7 FUIJERAL PAY .• Funeral leave wiil be yranted to full t9n;e emp7oyees up to a maximum of ' Lhree days. Puneral leave is granted in case of deaths occuring in Lhe immediate fami]y. For this purpose immediate i'amily is considered to be a spouse, child, parent, ;.grandparent, brother or sister, mother-in-law and father-in-]aw. ARTICLE p-8 JURY PAY � � � Tt shall be urderstood and agreed that the City sha7l pay all regu7ar fu17 time emp7oy?�s serving on any jury the differences iri sa7ary bet�-�een jury pay and his'regular salary or pay �ahi�e in such service. _. ._.. . ARTICLE B-9 SEVERANCE PAY Severance pay will be paid an employee upon honorable separation of employment lh accordance ��lith the fol?o�ving: An employee with forty-e�ight (48) or more caisecutive n�nths of employT�nt will recei�re severance pay in cash based on one and one-half (lZ) days of severance pa,y. for each twelve consecutive months worked. The amount of severance pay due an employee shall not exceed one-third (1/3) of their unused sick leave. � 0 _24_ ARTICL[ D-j0 COMPENSATORY TIME -25- Management reserves the right to approve compensatory time in lieu of overtime pay. Compensatory time shall not be accumulated in excess of twenty-four (24) hours, and must be used within the calendar year in which it was accumulated as determined by the employer. ARTICLE B-11 EMPLOYEE EDUCATION PROGRAP� B-11.1 The City o-1i11 pay certain expenses for certain education courses based on the following criteria. a. The training course must have r•elevance to the employee's present or anticipated career responsibilities. Attendance shall be at a City approved institution. Department Head. The course must be approved by the b. Financial assistance will be extended only to courses offered by an accredited instiiution School of Business, etc. 8-11.2 Programs Financial Policy: This includes vocational schools, I+linnesota Financial assistance wi71 be er.tended to cover only the cost of tuition. Chargesfor books, student union membership, student health coverage and other charges for which the student receives some item or service other than actual instruction will not be paid. The City will pay 50% of the cost of tuition in advance of the employee's actual participation in the course and the employee shall pay 50% of the cost. Employee upon successful completion of the course wiTl be required to present to his Department Head a certification of satisfactory work. Satisfactory work is defined as follows: a. In courses issuing a letter grade, a C or above is required b c. In courses issuing niunerical gi•ade, a 70" or above is reciuired. In courses not issuing a qrade, a ce�°t�if'ication from the instruct�� _p5_ 10 Al� -26- ARTICLE B-11 EMPLOYEE EDUCATION PROGRAM (CONTINUED) that the student satisfactorily participated in the activities of the course �s required. 1 :: 8-11.3 If the employee satisfactorily completes the course he will be reimbursed for the additional 50% of the tuition cost for which he had obligated himself in the approved application. If the employee fails to�satisfactorily complete the course he will not be reimbursed. 8-11.4 The program will not reimburse the employee for the hours he spends in class, only for the tuition. 8-11.5 Expenses for which the employee is compensated under some other educational or assistance program will not be covered, such as the GI bill. 6-17.6 The City will not pay tuition or other costs for those courses which are used to make the employee eligible for additional salary. ARTICLE B-12 PAy FOR INVESTIGATORS OR DETECTIVES Employees receiving the eighty-five dollars (�85.00) per month differential pay shall not be eligible for the overtime provisions of the contract applicable to Police Officers. . � -26- -. . ' 10 DD CITY OF FRIDLEY "\+ M E M 0 R A N D U M T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: POLICE CONTRACT FOR THE YEARS 1979 AND 7980 DATE: APRIL 6, 1979 The attached resolution authorizes the Mayor and City Manager to sign the working agreement with the Police Union. This working agreement covers the years 1979 and 1980. The contract is made up of two parts, The first part, or master contract language, is made up of issues that are negotiated on an area wide basis. The second portion of the contract is made up of issues negotiated on a local basis. The only changes in the contract for the year 1979 and 1980 relate to the first portion of the contract. The Metropolitan Managers' Association and the representatives from Local No. 320 conducted these negotiations, and have reached agreement on this portion of the contract. The settlement involves changes in monthly salaries and the City's contribution � to hospitalization insurance. The agreement reached is within the Presidential ( wage and price guidelines. We have met with the local union stewards and the business agent concerning working conditions not covered by the master contract, These discussions have centered on administrative interpretation of existing contract language, and not on actual changes in contract language. We are bringing the contract to the Council at this time as the contract language has been agreed upon. The purpose of getting authority to sign the thetunionnexecutes the co�tract,Pw�thout havingato waitbfor Councilsapproval. MCB:sh " CITY OF FRIDLEY MEMORANDUM T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUMSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: SHADE TREE DISEASE CONTROL FUNDING DATE: APRIL 6, 1979 In past years, the State of Minnesota has contributed a portion of the cost of disease tree removal in the form of subsidies to cities. This subsidy amounted to twenty-eight percent of the total cost in 1978. In 1977, the funding level was thirty-seven percent. On Tuesday, Apri1 13, the House Lommittee on Appropriations slashed the proposed support level to approximately fourteen percent from the twenty-eight percent that was in effect in 1978. Senate File No. 519 and House File No. 277 are League supported bills. It is our understanding that the bills as introduced would provide the same basic level of support in 1979 as for the year 1978. The attached resolution would put the City Council on record as being in favor of the same level of funding support for the Shade Tree Disease Control Program. MCB:sh 11 RESOLUTION N0. - 1979 A RESOLUTION IN SUPPORT OF SENATE FILE N0. 519 AND HOUSE FILE N0. 277 (SHADE TREE DISEASE CONTROL PROGRAM) WHEREAS, The cities of the State of Minnesota are mandated by State Statute to enforce the Shade Tree Disease Control Program, and WHEREAS, This has placed an additional financial burden on the cities of the State of Minnesota, and WHEREAS, The State of Minnesota in past years has subsidized a portion of the cost of diseased tree removal, and WHEREAS, This same level of support is necessary if the municipalities of the State are to enforce the Shade Tree Disease Control Program at the same level as past years, NOW, THEREFORE, BE IT RESOLVED, That the Council of the City of Fridley hereby goes on record as being in support of House File No. 277 and Senate File No. 519, and BE IT FURTHER RESOLVED, That the City of Fridley goes on record as specifically requesting the level of support for cities not be reduced from the 1975 level so long as cities are mandated by law to carry out the Shade Tree Disease Removal Program. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ATTEST: CITY CLERK - MARVTN C. BRUNSELL DAY OF , 1979. MAYOR - WILLIAM J. NEE 11 A ! ,. , ,,. .� . _.lr�71 , " , r�, I? + . . . �' .�� F �' I� „ ; � � � �. . '� �. � /�i� �� l �^ � +wn:. ' _' `� Y c. .7 �:... � Y ,'� � i a?� , � ti� y. �:� .:: .;-r''i �.,� _,. �, �. iYr^4: � � ~\ �. . k l tt� �. � F E � f;le�y ,y� i` r + v� �liii league of rr�innesata cities ?:°ch 27, 1979 SHADE TREE PROGRAM FUNDING SLASHED Fdr more information, contact: Duke Addicks, League of MN Cities or Vern Peterson, Association of Metropolitan Municipal9ties ; ii�B .��`^� 4.,i �� '�� J ��;,'� f :.�.�, r i I `. {;: ;.�i ...t..: s �'� t .' f t£�� 'it , _ In an unexpected hearing, the State Departments Division of the House Committee on Appropriations on Tuesday, March 13, slashed 6y 38 percent the appropriation for the shade tree program recommended by the Governor. No one from the Department of Agriculture was at that meeting, and neither the author of the League's bill {H.F. 277, Representative Ray Pleasant) nor the League of Cities nor Association of Metropo]ftan h1unicipal?ties was informed that the State Departments Division would be considerin9 the shade tree appropriation at that time. Thus, the members of the State Departments Division were not v+ell informed concerning the necessity of adequate funding of the shade tree disease program �ahen they made the9r unfortunate decision. The League of Minnesota Cities and the Association of Metropolitan Municipalities, together with the author of the shade tree d',sease bill, will be requesting that the full Appropriattons Comms`ttee review this decision of its State Departments Division. It 5s hoped that the representat�ves of the Department of Agriculture, the League of Minnesota Cities and the Association of f4etropolitan P1unicipalities �yill be permitted to make a pNesentation at the time the shade tree disease appropriation request is heard by the fu11 committee. It is difficult to believe that members of the State Departments Division of the Committee on Approprtations were unaware of the League's and Association's concern in this matter, since three members of that division also are members of the House Local and Urban Affairs Committee wh?ch heard the bi;t (H,t=. 277) discussed at earlier meetings of that Committee. In past years, the League has been requested to participate in discussions on major appropriations which affect programs involv;ng cities, Perhaps the neglect to inform the League of Minnesota Cities and the Association of hletropolitan Municipalities as a1e11 as the author of the bill of the pending action of the Division of State Departments on the appropriation is merely an oversight. Nowever, the cities of P1innesota are vitaily concerned in this issue and disappointed that they were not allowed to participate in the decision on the amount of the appropriation. (OVER) ;:3i;C] ti;:i�;over t�uildin;�. 4c10 ced�r sG'res�t:, sc3ir�t paul. minnc:sota 551i)1 CE.;92) �22-2c7F1 11 C -2- . , �., � In the Governor's budget, the Department of Agr;culture requested approximately �27,500,000 for continuation of the shade tree disease program funding. This is the same amount that was appropriated for the previous biennium by the legislature. Although the Governor had not requested an increase in this amount, the League of Minnesota Cities and the Association of Metropolitan Municipalities strongly feel that at least an inflat9onary factor should be taken into consideration and that the level of funding be increased so that at least it keeps pace with inflation. The Governor's and Department of Agriculture's request as noted above was for a funding level of �27,500,OOOo The Division on State �epartments of the House Appropriations Committee cut this by 38 percent to a funding level of $17,000,000. Because of inflation, th�s actuaTly results in a 48 percent reduction in funds available to cities for shade tree disease control. Since this program is mandatory in the Metropolitan area, and since under the previous level of fund�ng, only 28 percent of the sanitation and reforestation costs were paid for by the state appropriation, this means that in the Metropolitan area, the state's share of this mandatory program will drop to approximately 14 percent. Outside of the Metropolitan area, it is antTCipated that the state's share will drop to approximately 22 percent. 4Je hope that the legis7attare will honor its commitment to be a partner Uiith local governments in controllzng shade t.ree disease. AC7ION REQUESTE6: Legislative Contacts who are concerned about the level of funding of the shade tree disease program should contact their legislators and urge support for H.F, 277 and its companion S.Fe 5i9, and they should specifically request that funding 1e��els not be cut but that they be increased to a level consistent with inflation, Thank you for heipin vour Leaque' DA:cmt