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03/04/2002 - 4729� OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING MARCH 4, 2002 0 .� 7 R . w � � CRY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 2002 7:30 p.m. - City Council Chambers Attendance Sheet AL�ASF AR/NT NAMF, AflaRFSS ANfl /T�M NUMBFR YOU AR� /NT�'RF� /N. � , , ,, � �,,,, , , �; �„ , � � �� , ��! i � i o � r i,,, r�A i: i� -"_ �� y,^rJ�/ � u, �� /`� � / � � �� CN��-�� / �� '» ,� ,.,/ � ..r ` �;i �. ,.�'' . / �, (�uC. 7. Cl.�'� ;1VL _ � 3 ��1">c,iv1,>'�t� �V�4' _ � . S�� "x�,,' � �, i �; :�� ;1 � �� ,�,� 1 i�Y�j��,L; �, �-��;`�L� �� `c� � � CITY COUNCIL MEETING OF MARCH 4, 2002 GTY OF PRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week inadvance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Set a Pubiic Hearing for April 8, 2002, to Consider a Request to Transfer the Intoxicating Liquor License for Spikers Grille & Beach Club (7651 Highway 65 N.E.) (Ward 2) ............................................................................... 1 2. Resolution in Support of an Application for Minnesota Lawful Gambling Premise Permit for Knights of Columbus, 6831 Highway 65 N.E. (Ward 2) - ....................................................................................................... 2 3. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Pedestrian Bridge Replacement Project No. 341 (Generally Located at 6431 University Avenue N.E.) (Ward 1) - ....................................................................................................... 4 FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 2002 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Resolution Approving and Authorizing Signing an Agreement for Police Officers of the City of Fridley Police Department for the Years 2002 and2003 ....................................................................................................... 6 - 30 5. Resolution Authorizing Changes in Appropriations for the General Fund for October Through December, 2001 .................................................................... 31 - 33 6. Appointment to Planning Commission ............................................................. 34 7. Claims ....................................................................................................... 35 8. Licenses ...............................................................:....................................... 36 - 37 ADOPTION OF AGENDA. , , � OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. w I FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 2002 PAGE 3 - PUBLIC HEARING: 9. Consideration of an Off-Sale 3.2% Malt Liquor License for 21S� Century Food & Fuel, Inc., Generally Located at 7883 East River Road N.E. (Ward 3) ................................................................. 38 - 39 NEW BUSINESS: 10. Informal Status Reports ..................................................................................... 40 ADJOURN. �_ I � � � . � FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 2002 �o�� '� �� arr oF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regazd to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Set a Public Hearing for April 8, 2002, to Consider a Request to Transfer the Intoxicating Liquor License for Spikers Grille & Beach Club (7651 Highway 65 N.E.) (Ward 2) ................................... 1 2. Resolution in Support of an Application for Minnesota Lawful Gambling Premise Permit for Knights of Columbus, 6831 Highway 65 N.E. (Ward 2) ...................^ �L.......... 2 - 3 i'/-"1 3. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Pedestrian Bridge Replacement Project No. 341 (Generally Located at 6431 University Avenue N.E.) (Ward 1) ................. .•' 4 — 5 .......... `�` 4. Resolution Approving and Authorizing Signing an Agreement for Police Officers of the City of Fridley Police Department for the Years 2002 and 2003 ................��............ 6 - 30 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): n 5. Resolution Authorizing Changes in `� / Appropriations for the General Fund for O ober Through December, 2001 .. 31 - 33 �� .�� -� � �-6 �o rre.c,-�- -� ��p� • �..`� �� _.. ' `-�' .� 6. Appointment to Planning Commission .................................. 34 7. Claims 8. Licenses .. 35 ..... 36 - 37 ADOPTION OF AGENDA. �� S Y�C�-�dv�-�' �- Q �5� OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. �'} �� f r� �� V C � �` ..� PUBLIC HEARING: �� c°�y ��. � �.� � � C�I..�:. ��. ::�...� 9. Consideration of an Off- ale 3.2% Malt Liquor License for 21St Century Food & Fuel, Inc., Generally Located at 7883 East River Road N.E. (Ward 3) 38 - 39 jFp ) \ � r� I� ✓t�4P •..��f�,� F� ,{ ._. { �d1�.��}(.� f �,� '�� p Y . Yi� !; /,� �.� � . ''lJ ,� �� ) r �'h. � .:..w�+M1' ��,�Y . � FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 2002 PAGE 2 NEW BUSINESS: 10. Informal Status Reports ..................... 40 ADJOURN. JQ ��{a� + � � I"Z/ �,. � / I' �J� _ � f CRY OF FRIDLEY To: From: Dat e: Re: � � - � AGENDA ITEM CITY COUNCIL MEETING OF March 4, 2002 William W. Burns, City Manager� Richard D. Pribyl, Finance Director �'P Debra A. Skogen, City Clerk February 27, 2002 Public Hearing to Transfer Intoxicating Liquor License for Spikers Grille & Beachclub PDP, Inc., d/ba Sprikers Grille and Beachclub (Spikers) has been at their present location since December of 1998. Due to financial difficulties this past fall, the Minnesota Sports Federation (MSF) purchased the building and leased the restaurant space to Spikers. After further discussions between MSF and Spikers, it ha been determined that the Spikers ownership group will become a management company overseeing the restaurant for MSF. MSF will be applying for a transfer of the liquor license to their organization. According to our City Code, a transfer is treated the same as a new application. At this time staff recommends scheduling a public hearing for Monday, Apri18, 2002. 1 � f QTY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 4, 2002 William W. Burns, City Manager�� Richard D. Pribyl, Finance Director �� Deb Skogen, City Clerk February 27, 2002 Knights of Columbus Hall, 6831 Highway 65 NE Premises Permit Renewal Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Knights of Columbus is currently conducting charitable gambling at their facility located at 6831 Highway 65 NE. Their Charitable Gambling Premise Pernut expires on May 31, 2002. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective June 1, 2002 and expire May 31, 2004. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. 2 RESOLUTION NO. - 2002 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERNIIT FOR I�vIGHTS OF COLUMBUS, 6831 HIGHWAY 65 NE WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Knights of Columbus Counci14381; and WHEREAS, the location of the Premise Permit is at their premises, 6831 Highway 65 NE, and will be effective from June l, 2002 to May 31, 2004; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, TF�REFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Knights of Columbus at their facility located at 6831 Highway 65 NE. - PASSED AND ADOPTED BY THE CITY COUNCIL OF 'TI� CITY OF FRIDLEY THIS _ DAY OF 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK 3 SCOTT J. LUND - MAYOR � � CITY OF FRIDLEY �C�7 FROM: ��7��l11� AGENDA ITEM CITY COUNCIL MEETING OF MARCH 4, 2002 William W. Burns, City Manager !� ��i � Jon H. Haukaas, Public Works Director February 25, 2002 SUBJECT: Authorization to Advertise for Pedestrian Bridge Reconstruction PW02-022 The City's consultant is finalizing plans for the replacement of the pedestrian walkway. The walkway will be replaced in the same configuration as it was per council's d� ion. All cost associated with the replacement of the bridge will be passed through to the insurance carrier for Pretzel's Sanitation. The City will only be responsible for the costs associated with installing new advance warning cross bars over the road on both sides of the bridge. Advertising this project in mid March will allow an award at the April 8, 2002 council meeting and early construction. Recommend the Ciry Council adopt the attached resolution authorizing advertisement for bids for the Pedestrian Bridge Replacement Project No. 341. JHH:cz Attachment 0 � RESOLUTION NO. - 2002 A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS : PEDESTRIAN BRIDGE REPLP,CII��NT PROJECT NO. 341 WHEREAS, the City Council of the City of Fridley has recognized the need to replace the destroyed pedestrian bridge connected to the Municipal Center. NOW, TAEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: l. That the pedestrian bridge connected to the Municipal Center which was destroyed be reconstructed to its former configuration, and the work involved in said improvement shall hereafter be designated as: PEDESTRIAN BRIDGE REPLACF1r�NT PROJECT NO. 341 2. The plans and specifications prepared by the Public Works Department for such improvement and each of them, pursuant to the Council action heretofore, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under Pedestrian Bridge Replacement Project ' No. 341 be performed under one contract. The Director of Public Works shall accordingly prepare and cause to be inserted ' in the official newspaper advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for two (2) weeks (at least 10 days), and shall specify the work to be done and will state that bids will be opened at 10:00 a.m. on WEDNESDAY, APRIL 3, 2002, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Director of Public Works and accompanied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five percent (50) of the amount of such bid. That the advertisement for bids for PEDESTRIAN BRIDGE REPLACEMENT PROJECT NO. 341 shall be substantially standard in form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4TH DAY OF MARCH, 2002. ATTEST: SCOTT J. LUND - MAYOR DEBRA A. SKOGEN - CITY CLERK , 5 / � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 4, 2002 Memo to: William W. Burns, City Manager �� From: Deborah Dahl, Director of Human Resources� Subject: Date: 2002-2003 LELS Contract February, 20, 2002 Attached is the labor agreement and the accompanying resolution setting forth terms and conditions of employment for police officers in 2002 and 2003. Apart from changes in dates and conection of typographical enors, the following is a summary of the changes for the 2002 and 2003 contract: 1. � 3 4. Article 35. Duration A two-year contract has been negotiated through December 31, 2003. Article 17.1 Benefits The employer will contribute up to the maximum amount provided per month to non- union employees toward health, dental, life and long-term disability insurance, in accordance with the employer's flexible benefit plan for calendar years 2002 and 2003. Article 22.1 Wages The City of Fridley has agreed to increase hourly rates for LELS union members four percent (4%) from 2001 wages during calendar year of 2002. The City has also agreed to increase hourly rates for LELS union members two percent (2%) on January 1, 2003 and an additional two percent (2%) on July 1, 2003. Classification Removal — Article 22.2 and 22.3 The following classifications will be removed: Paramedic, Dog Handler, Juvenile Officer and CorporaL �� 2002-2003 LELS Contract February 20, 2002 Page 2 5. Language Clarification, Article 22.4 Employees certified for and assigned to Field Training Officer (FTO) duties shall receive a minimum of one and one-half (1 '/z) hour of overtime or compensatory time in addition to any other overtime worked for each twelve (12) hour shift, or one (1) hour of overtime or compensatory time in addition to any other overtime worked for each eight (8) hour shift. The rate of pay will be equal to the overtime rate or compensatory time at time and one-half up to the limit in Article 30. 6. Bereavement Leave — Article 28 Language in the contract will mirror Employer's Policy for non-union employees in regards to the definition of immediate family member, and will read as follows: "Immediate family is interpreted to include spouse, children, parents, brothers, sisters, grandparents, grandchildren, parents-in-law, brothers in-law, and sisters in-law." The City has agreed to allow union employees to follow current practices for non- union employees, which allows employees to appeal directly to the City Manager for additional time off if eactenuating circumstances prevail. 7. Retirement Health Insurance The City has agreed to continue researching and discussing the viability and options for post-retirement health care under the plans recently promoted by the Minnesota State Retirement System. If any terms or conditions are negotiated, they will be detailed through a memo of understanding. 8. Court Time — Article 14 In the interest of streamlining procedures and in having the least impact on the Employee and the City, the City has agreed to continue researching options for court time and reporting. If any terms or conditions are negotiated, they will be detailed through a memo of understanding. I request that you present this contract to the City Council for consideration at their meeting of March 4, 2002, with the recommendation for approval. cc: David H. Sallman, Public Safety Director Chuck Bengston, LELS Business Agent Kurt Morse, LELS Steward Maureen Meisner, LELS Steward Lynne Tellers-Bankes, Captain Don Abbott, Captain Frederic W. Knaak, City Attorney Cyrus F. Smythe, Labor Relations As� iates, Inc. RESOLUTION NO. - 2002 RESOLUTION APPROVING AND AUTHORIZING SIG1vING AN AGREEMENT FOR POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2002 & 2003 WHEREAS, the Law Enforcement Labor Services, Inc. as bazgaining representative of the Police Officers of the City of Fridley, has presented to the City of Fridley various requests relating to the wages and working conditions of Police Officers of the Police Department of the City of Fridley; and WHEREAS, the City of Fridley has presented various requests to the Union and to the Employees relating to wages and working conditions of Police Officers 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 the representatives of the two parties on - the proposed changes in the existing contract between the City and the Union; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (E�chibit "A") relating to wages and working conditions of Police Officers of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF . 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK : SCOTT J. LUND - MAYOR EXHIBIT "A" LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 2002 AND 2003 � LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL N0.119 _ 2002 AND 2003 TABLE OF CONTENTS ARTICLE 1. Purpose of Agreement 2. Recognition 3. Definitions 4. Employer Security 5. Employer Authority 6. Union Security 7. Employee Rights - Grievance Procedure 8. Savings Clause 9. Seniority 10. Discipline 11. Constitutional Protection 12. Work Schedules 13. Overtime 3 � PAGE 1 1 1 3 3 3 4 6 7 7 8 8 � � � _� .I � 14. 15. 16. 17. 18. LL� 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. _� 35. Court Time Call Back Time Working Out of Classification Insurance Standby Pay Uniforms P.O.S.T. Training Longevity and Educational Incentive Wage Rates Legal Defense Probationary Periods Annual Leave Holidays Short-term Disability Bereavement Leave Pay Jury Pay Compensatory Time Employee Education Program Pay for Investigators or School Resource Officer BMC Case No. 85-PN-486-A. Issue 8 Waiver Duration 4 11 � 10 10 10 11 11 11 11 12 13 13 13 15 15 16 17 17 17 18 18 18 19 _ � _ I LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL N0.119 Article 1. Purpose of Agreement This Agreement is entered into between the City of Fridley, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Esta,blish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and .. 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. Article 2. Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, subdivision 8, for all police personnel in the following job classifications: 1. Police Officer 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 3. Definitions 3.1 Union Law Enforcement Labor Services, Inc. 1 12 I: �` �_ �_ 3.2 Union Member A member of the Law Enforcement Labor Services, Inc. 3 3 Employee A member of the exclusively recognized bargaining unit. 3.4 Department The Fridley Police Department. 3.5 Employer The City of Fridley. 3.6 Chief The Public Safety Director of the Fridley Police Department. 3.7 Union Officer Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3 .8 Investigator/Detective An Employee specifically assigned or classified by the Employer to the job classification and/or job position of Investigator/Detective. 3.9 Overtime Work performed at the express authorization of the Employer in excess of the Employee's scheduled shift. 3.10 Scheduled Shift A consecutive work period, including rest breaks and a lunch break. 3.11 Rest Breaks Periods during the scheduled shift during which the Employee remains on continual duty and is responsible for assigned duties. 2 13 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 action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful; and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. Article 4. Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the Employer. Article 5. Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all 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 shucture; to select, direct, and deternune 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 sha11 remain solely within the discretion of the Employer to modify, establish, or eliminate. Article 6. Union Security 6.1 The Employer sha11 deduct from the wages of Employees who authorize such a deduction in w�riting an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate Employees from the bargaining unit to act as a stewazd and an alternate and shall inform the Employer 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). 3 14 6.4 The Union agrees to indemnify and hold the Employer hannless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. Article 7. Employee Rights — Grievance Procedure 7.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representatives The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by Section 6.2 of this Agreement. 73 Processing of Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1 An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the 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 4 15 grievance, the facts on which it is based; the provision or provisions of the Agreement allegedly violated; the remedy requested; and shall be, appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer to Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2 If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendaz 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 answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 2a If the grievance is not resolved at Step 2 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 timeliness for Step 3 of the grievance procedure. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendaz days of inediation sha11 be considered waived. Step 3 A grievance unresolved in Step 2 or Step 2a and appealed to Step 3 by the Union 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 Bureau of Mediation Services. 7.5 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 sha11 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 to application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the 5 � 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 sha11 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 shazed equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it sha11 be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. 7.7 Choice of Remedy If, as a result of the written Employer response in Step 2 or 2a, the grievance remains unresolved, and if the grievance involves the discipline of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 3 of Article 7 or to the Civil Service Commission. If appealed to the Civil Service Commission the grievance is not subject to the arbitration procedure as provided in Step 3 of Article 7. The aggrieved Employee shall indicate in writing which procedure is to be utilized - Step 3 of Article 7 or the appeal procedure in the Fridley Police Department Civil Service Rules and Regulations - and shall sign a statement to the effect that the choice precludes the aggrieved Employee from making a subsequent appeal through Step 3 of Article 7. Article 8. 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 Agreement sha11 be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. C� 17 � Article 9. Seniority 9.1 Seniority shall be determined by the Employee's length of continuous employment with 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. 9.2 During the probationary period, a newly hired or rehired Employee may be discharged at the sole direction of the Employer. During the probationary period a promoted or reassigned Employee may be replaced in his/her previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees sha11 be recalled from layoff on the basis of seniority. An Employee on layoff shall have an opportunity to return to work within two years (2) of the time of his/her layoff before any new Employee is hired. 9.4 Senior Employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of Employees are equal. 9.5 Senior qualified Employees sha11 be given shift assignments preference after eighteen (18) - months of continuous full-time employment. 9.6 One continuous scheduled annual leave period shall be selected on the basis of seniority until March 1�` of each calendar year. After March 1�`, scheduled annual leave shall be on a first-come, first-served basis. 9.7 Employees shall lose their seniority for the following reasons: a. Dischazge, if not reversed; b. Resignation; c. Unexcused failure to return to work after expiration of a vacation or formal leave of absence. Events beyond the control of the Employee, which prevent the Employee from returning to work will not cause loss of seniority; d. Retirement. Article 10. Discipline 10.1 The Employer will discipline Employees for just cause only. Discipline will be in one or more of the following forms: 7 �•� •� a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or e. discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an Employee's personnel file, shall be read and acknowledged by signature of the Employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by suspension without pay for forty (40) regulazly scheduled working hours unless otherwise required by law. 10.6 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. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the grievance procedure under Article 7. Article 11. Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. Article 12. Work Schedules 12.1 The normal work year is an average forty (40) hour work week for full-time Employees to be accounted for by each Employee through: a. hours worked on assigned shifts; b. holidays; c. assigned training; e. authorized leave time. 12.2 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. : 19 Article 13. Overtime 13.1 Employees will be compensated at one and one-half (1-1/2) 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 Article. 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 obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the Employee from so working. Article 14. Court Time 14.1 An Employee who is required to appear in court during his/her scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1-1 /2) times the Employee's base pay rate. If the court appearance is during the Employee's off-duty time and the court appearance is canceled, the Employee will be notified by the end of the business day (5:00 p.m.) preceding the court appearance. If notification of cancellation is not given by the end of the business day (5:00 p.m.) preceding the court appearance, the Employee will received three (3) hours pay at one and one-half times (1 1/2) the Employee's base rate of pay. 14.2 The business day notice will apply to court appearances handled by the County Attorney's office and/or court appearances handled by other counties or agencies. 14.3 The business day notice does not apply to court appearances handled by the City Prosecutor. 14.4 Officers who have received notice for a court appearance by the City Prosecutor may, at their option, appear in court or telephone to determine if their appearance is required. If they telephone and their appearance is not required, they will not be eligible for the minimum payment for a court appearance. 14.5 Officers must appear in traffic court when required. E Z� 14.6 The City has agreed to continue researching options for court time ca11-back and reporting. If any terms or conditions are negotiated, they will be detailed through a memo of understanding. Article 15. Call Back Time 15.1 An Employee who is called to duty during the Employee's scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1-1/2) times the Employee's base pay rate. An extension or early report to a regulazly scheduled shift for duty does not qualify the Employee far the three (3) hour minimum. 15.2 An Employee who works extra-duty work (outside employment) during the Employee's scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1 '/2) times the Employee's base pay rate. Article 16. Working Out of Classification 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 17. Insurance 17.1 For the calendar year 2002, for Employees who choose single coverage, the Employer will contribute up to $293.79 per month per employee toward health or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 17.2 For the calendar year 2002, for Employees who choose dependent coverage, the Employer will contribute up to $705.10 per month per employee toward health, or an amount equa.l to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 173 For the calendar year 2002, for Employees who choose dental coverage, the Employer will contribute up to $15 per month toward dental, or an amount equal to that provided to non- union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 17.4 The Employer will provide group term life insurance with a m�imum of $25,000 per Employee and additional accidental death and disability insurance with a maximum of $25,000 per Employee (current cost is $4 per month), or an amount equal to that provided to non-union employees, whichever is greater, in accordance �vith the Employer's Flexible Benefit Plan. 10 21 17.4 In accordance with the Employer's Flexible Benefit Plan, Employees have the option during an open enrollment period or during approved qualified events to decline health or dental insurance coverage, provided they provide proof of coverage elsewhere. In lieu of electing health and dental benefits, Employees may elect the option of having ten (10) additional Benefit Leave Days or a monthly cash benefit of $234, or the amount equal to or greater than the amount provided to non-union employees. Benefit Leave days are required to be used within in the calendar yeaz and may not be carried into the following year. Article 18. Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each haur on standby. Article 19. Uniforms The Employer shall provide required uniform and equipment items. Article 20. P.O.S.T. Training 20.1 Employer shall assign training at Employer's expense for Police Officers to complete 48 hours of P.O.S.T. Board approved education during each three-year licensing period. 20.2 Employer shall pay the cost of maintaining P.O.S.T. licensure for all Employees required to maintain the license. Article 21. Longevity and �tducational Incentive Effective July 1, 1978, the following terms and conditions are effective, except that Employees hired after January l, 1987, sha11 not be eligible for educational incentive. 21.1 After four (4) years of continuous employment each Employee shall choose to be paid three percent (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 sha11 choose to be paid supplementary pay of five percent (5%) of the Employee's base rate, or supplementary pay based on educational credits, as outlined 21.6 of this Article. 21.3 After twelve (12) years of continuous employment, each Employee shall choose to be paid supplementary pay of seven percent (7%) of the Employee's base rate, or supplementary pay based on educational credits, as outlined in 21.6 of this Article. 11 ZZ 21.4 After sixteen (16) years of continuous employment, each Employee shall choose to be paid supplementary pay of nine percent (9%) 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 supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 21.6 Supplementary pay based on educational credits will be paid to Employees after twelve (12) months of continuous employment at the rate of: Educational credits stated in Percentage Pay terms of college quarter credits increment � 45 - 89 3% 90 - 134 5% 135 - 179 7% 180 or more 9% Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job-related. (Thus, a four-year degree is not automatically 180 credits - or two year certificate is not automatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. For example: If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of those courses would yield a total of eleven qualifying credits. C.E.U.'s (Continuing Education Units) in job-related seminars, short courses, institutes, etc. shall also be counted. The Employer shall 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. Article 22. Wage Rates 22.1 The following hourly wage rates will apply for 2002 (amounts may be rounded to two decimal points): Start After six months After one year After two years After three years 2002 $16.26 $17.51 $20.00 $22.48 $24.99 Jan. l 2003 16.59 17.86 20.40 22.93 25.49 July 1 2003 16.92 18.22 20.81 23.39 26.00 22.2 Employees classified or assigned by the Employer to the following job classifications or positions will receive five percent (5%) in addition to their regular wage rate: 12 23 Investigative (detective) School Resource Officer Rental Housing Officer 22.3 An Employee certified for and assigned to Field Training OfFicer (FTO) duties shall receive a minimum of one and one-half hour (1 '/z) of overtime or compensatory time, in addition to any other overtime worked for each twelve (12) hour shift worked as Field Training Officer or one (1) hour of overtime or compensatory time in addition to any other overtime worked for each eight (8) hour shift. The rate of pay will be equal to the overtime rate or compensatory time at time and one-half up to the limit in Article 30. Article 23. Legal Defense 23.1 Employees involved in litigation because of proven negligence, or non-observance of laws, or of a personal nature, may not receive legal defense by the municipality. 23.2 Any Employee who is charged with a tr�c violation, ordinance violation or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under the direct order of his/her supervisor, shall be reimbursed for attorney's fees and court costs actually incurred by such Employee in defending against such charge. 23.3 Employer will provide protection for all Employees against false arrest charges. Article 24. Probationary Periods All newly hired or rehired Employees will serve a twelve (12) month probationary period. Article 25. Annual Leave 25.1 Each Employee shall be entitled to annual leave away from employment with pay. Employees sha11 accrue annual leave based on an average eight (8) hour work day. Annual leave may be used for scheduled or emergency absences from employment. Annual leave pay sha11 be computed at the regular rate of pay to which such an Employee is entitled; provided, however, that the amount of any compensation shall be reduced by the payment received by the Employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. An Employee's accumulation of annual leave will be reduced only by the amount of annual leave for which the Employee received compensation. 25.2 Seniority shall apply on scheduled annual leave up to March ls` of each yeaz. After March 1 S`, scheduled annual leave shall be on a first-come, first-served basis. . 13 24 25.3 A beginning Employee sha11 accrue annual leave at the rate of eighteen (18) days (144 hours) per year for the first seven (7) years (84 successive months). An Employee who has worked seven (7) years (84 consecutive months) shall accrue annual leave at the rate of twenty-four (24) days (192 hours) per year, beginning with the eighty- fifth (85"') month of successive employment. An Employee who has worked fifteen (15) years (180 successive months) shall accrue annual leave at the rate of twenty-six (26) days (208 hours) per year, beginning with the one hundred eighty-first (181� month of successive employment. These rates are based on a forty-hour (40) regular workweek. The actual amount credited to an Employee in any given pay period shall be prorated according to the actual number of regular hours worked during that pay period. Hours worked on overtime, callback, or standby shall not enter into the calculation of the accrual of annual leave. 25.4 For an Employee hired on or after January 1, 1984: The maximum total accumulation of annual leave at the end of any given yeaz shall be thirty (30) days (240 hours). Once a year, at a time designated by the City, an Employee who has completed five (5) years of service with the City will have the opportunity to exchange up to five days (40 hours) of accumulated annual leave for cash. 25.5 For an Employee hired before January 1, 1984: Vacation accrued but unused as of December 31, 1983, shall be converted by annual leave at the rate of one (1) day of annual leave for one (1) day of vacation. Accrued but unused sick leave as of December 31, 1983, sha11 be converted to annual leave according to the following schedule: a. 1�` 45 days @ 1 day of annualleave for 1 day of sick leave b. 2"d 45 days @ 1 day of annual leave for 2 days of sick leave c. Remainder @ 1 day of annual leave for 3 days of sick leave In lieu of severance pay, one hour of annual leave shall be credited for each full month of employment up to a m�imum of two hundred forty (240) hours. The total amount of annual leave credited to the Employee's balance as of January 1, 1984, shall be equal to accrued but unused vacation plus accrued but unused sick leave converted according to the formula above plus the amount in lieu of severance pay. If upon conversion to the annual leave plan an Employee's accumulation of annual leave exceeds 14 25 thirty (30) days (240 hours), that amount shall be the maximum total accumulation (cap) for that Employee at the end of any subsequent yeaz. Once a year, at a time designated by the City, an Employee will have the opportunity to exchange up to five (5) days (40 hours) of accumulated annual leave for cash. In addition, once a year at a time designated by the City, an Employee with an accumulation of annual leave in excess of thirty (30) days (240 hours) will have the opportunity to exchange up to five (5) days (40 hours) of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap) of an Employee by an equal amount. 25.6 An Employee who wishes to take advantage of the catch-up provision of the I.C.M.A. Retirement Corporation may exchange as many days as desired for cash under the following conditions: a. The Employee's cap is reduced by the number of days exchanged. b. In no case may the cap be reduced below thirty (30) days (240 hours). c. An Employee taking advantage of this provision must file the appropriate forms with the payroll division of the Employer. 25.7 Upon separation from employment with the City, an Employee will be paid one (1) day's salary for each day of accrued annual leave remaining in the Employee's balance. Article 26. Holidays 26.1 Employees will accrue eight (8) hours of holiday leave for each of eleven (11) holidays in a calendar year. 26.2 In addition to the eleven holidays, Employees assigned to the Patrol Division sha11 be paid at one and one-half (1- '/z) times their base rate of pay for all hours worked on the actual holida.y between the hours of midnight and midnight. For any overtime hours worked on a holiday, Employees will be paid two (2) times their base rate of pay. 263 Employees, with approval, may use accumulated holiday leave time in any hourly increment the Employee chooses. Article 27. Short Term Disability 27.1 Calculation of the short=term disability benefit shall be based on an average eight (8) hour workday. Each Employee who has successfully completed the Employee's probationary period shall be eligible for the short-term disability benefit. Such an Employee shall be entitled to full pay commencing on the twenty-first (21 S� consecutive working day on which 15 26 the Employee is absent (after absence for 160 consecutive regularly scheduled working hours) due to a physician-certified illness or injury off the job, and continuing until the Emplovee returns to work able to carry out the full duties and responsibilities of the Employee's position or through the one hundred tenth (110`h) working day (880`� regularly scheduled working hour) of absence, whichever occurs first. Such an Employee shall also be entitled to full pay commencing on the eleventh (11 `�) consecutive working day on which the Employee is absent (after absence for eighty consecutive regulazly scheduled working hours) due to a physician-certified illness or injury on the job and continuing until the Employee returns to work able to carry out the duties and responsibilities of the Employee's position or through the one hundredth (100`�') working day (800`�' regularly scheduled working hour) of absence, whichever occurs first. The amount of any compensation for the short-term disability benefit shall be reduced by any payment received by the disabled Employee from - workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short- term disability benefit by the City to an Employee sha11 not exceed ninety (90) working days (720 working hours) for any single illness or injury, regardless of the number and spacing of episodes. The annual leave balance of an Employee receiving short-term disability benefit shall not be reduced, nor shall such Employee accrue annual leave during that period. 27.2 Before any short-term disability payments are made by the Employer to an Employee, the Employer may request and is entitled to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The Employer also reserves the right to have an examination made at any time of any Employee claiming payment under the short- term disability benefit. Such examination may be made on behalf of the Employer by any competent person designated by the Employer when the Employer deems the same to be reasonably necessary to verify the illness or injury claimed. 27.3 If an Employee hired before January 1, 1984, has received payments under the injury-on- duty provisions of previous contracts, the number of days for which payment was received will be deducted from the number of days of eligibility for coverage under short-term disability for that same injury. Article 28. Bereavement Leave 28.1 Bereavement leave will be granted to full-time Employees up to a maximum of twenty-four (24) scheduled hours. Bereavement Leave is granted in case of deaths occurring in the immediate family. For this purpose, immediate family is considered to include: spouse, children, parents, brothers, sisters, grandparents, grandchildren, parents in-laws, brothers in- law, and sisters in-law. 28.2 The City will allow union employees to follow current practices for non-union employees, �� 27 which gives Employees an option to appeal directly to the City Manager for additional time off if extenua.ting circumstances prevail. Article 29. Jury Pay It shall be understood and agreed that the Employer shall pay all regular full-time Employees serving on any jury the difference in salary between jury pay and the Employee's regular salary or pay while in such service. Article 30. Compensatory Time Management reserves the right to approve compensatory time in lieu of overtime pay. Compensatory time sha11 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 31. Employee Education Program 31.1 The Employer will pay certain expenses for certain education courses based on the following criteria: 0 a. The training course must have relevance to the Employee's present or anticipated cazeer responsibilities; b. Attendance shall be at an institution approved by the Employer. The course must be approved by the Chief. c. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 31.2 Programs Financial Policy Financial assistance not to exceed the amount of two thousand, nine hundred, twenty-five dollars ($2,925.00) per Employee per year will be e�ctended to cover the cost of tuition, required books or educational materials, and required fees related to the course. Charges for student union membership, student health coverage and other charges for which the student receives some item or services other than actual instruction will not be paid. The Employer will pay fifty percent (50%) of the cost of tuition in advance of the Employee's actual participation in the course and the Employee shall pay fifty percent (50%) of the cost. Upon successful completion of the course, an Employee will be required to present to the Chief a certification of satisfactory work. Satisfactory work is defined as follows: a. In courses issuing a letter grade, a C or above is required. 17 : 0 b. In courses issuing a numerical grade, seventy percent (70%) or above is required. c. In courses not issuing a grade, a certification from the instructor that the student satisfactorily participated in the activities of the course is required. 31.3 If the Employee satisfactorily completes the course, the Employee will be reimbursed for the additional fifty percent (50%) of the tuition cost for which the Employee obligated himself or herself in the approved application as well as for the cost of any course required books, educational materials or fees. If the Employee fails to satisfactorily complete the course, the Employee will not be reimbursed for these costs. 31.4 The program will not reimburse the Employee for the hours the Employee spends in class, only for the tuitior�. 31.5 Expenses for which the Employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 31.6 The City will not pay tuition or other costs for those courses, which are used to make the Employee eligible for additional salary. Article 32. Pay for Investigators, School Resource and Rental Housing Officers Employees receiving the five (5%) percent per month differential pay shall not be eligible for the overtime provisions of the contract applicable to Police OfFicers, but they shall be eligible to receive overtime at time and one-half the Employee's regular base rate of pay if the Employee is assigned by the Employer to work in excess of the number of hours allowed by the Fair Labor Standards Act for the work period chosen by the Employer in accordance with the special overtime exemptions for public safety Employees. Article 33. BMC Case No. 85-PN-486-A, Issue 8 The Employer shall establish a minimum of two (2) months between each shift change in the rotation. Article 34. Waiver 34.1 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. 34.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals . with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this 18 29 Agreement for the stipulated duration of this Agreement. The Employee 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 refened to or covered by the Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. Article 35. Duration This Agreement shall be effective as of the first day of May, 2002, and sha11 remain in full force and effect through the thirty-first day of December, 2003. In witness whereof, the parties hereto have executed this Agreement on this day of , 2002. I hereby recommend approval of this agreement. Scott J. Lund, Mayor FOR CITY OF FRIDLEY (Date) 0 William W. Burns, City Manager (Date) Deborah K. Dahl, Human Resources Director (Date) David H. Sallman, Public Safety Director (Date) FOR LAW ENFORCEMENT LABOR SERVICES, INC. Chuck Bengston, LELS Business Agent (Date) Kurt Morse, Steward (Date) 19 30 � � AGENDA ITEM � COUNCIL MEETING OF F �°� MARCH 4, 2002 TO: W1LLIAM W. BURNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: MODIFICATION5 TO THE 2002 BUDGET DATE: March 1, 2002 Attached you will find a resolution amending appropriations to the 2002 Budget in accordance with the City Charter. - The adjustments listed are as a result of various donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally _ approved all adjustments through the Budget Reappropriation Form. We request that Council approve this resolution. RDP/ce Attachment � 31 Resolution No. - 2002 A RESOLUTION AUTHORIZING CHAI�TGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR OCTOBER THRU DECEMBER, 2001 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adc�pted budget for 2001. NOW, THEREFORE, BE I'f RESOLVED that the General Fund and Capital Improvement Fund budgets for the following divisions be amended as follows REVENUE ADJUSTMENTS Police-Reimbursement Police-Don�tions Police-Re iinbursement Police-Re imbursement Recreation-Donation Recreation-Donation Natura list-Donation Park Ntain't-PVV C:onstruction APPROPRIATION ADJUSTMENTS Police-Uther Services & Charges Police-Supplies Police-Other Services & Char�es Police-Other Services & Charges Police-Personal Services Police-Personal Services Recreation-Supplies Recreation-Other Services & Charges Naturalist-Supplies Rental Inspections-Personal Services Fire-Personat Services Renta 1 luspections-S uppl ies Fire-Suppiies Rental Inspections-Supplies Fire-S upplies Rental Inspection-Other Services & Charges Fire-Other Services & Char�es Rental lnspection-Other Ser`%ices & Cl��rges GENERAL FUND 16,668 4,0$9 4,800 2,899 1,000 25U 2,531 6,U00 3R.237 16,668 3,838 2U1 50 4,800 2,899 1,QU() 250 2,531 -Z,982 2,982 -1,262 1,262 -535 535 POST-State of Minnesota Various Donations Drug Task Force-Anok1 County Detox Transport-Anoka County Senior Program-American Legion Fridley Pageant-American Legion SNC Foundation Construction of Soccer Field PUST Training Safety Camp Supplies Safety Camp Charges Safety Camp Rentals Drug Task Force Detox Transport Senior Program Supplies Miss Fridley Pa�eant SNC Various Supplies To 0550-Fire From OSS l -Rental Inspections To 0550-Fire From 0�51-Rental Inspections To 0550.Fire From OSS l -Rental Inspections -2,00O To U55O-Fire Z,000 From 0�51-Rental Inspections -1,000 To 0550-Fire 32 0 Fire-Other Services & Charges Rental Inspection-Other Services & Charges Fire-Other Services & Charges Fire-Other Services & Chlrges Fire-Uther Services & Charges Fire-Supplies Fire-Supplies Police-Other Financing Uses Palice-Other Sen•ices & Charges Police-Capital Outlay Park Ntain't-Services Contracted I,000 -2,000 2,UQ0 -2,400 2.4Ut) -2,500 2,500 30,335 -22,()96 -8,239 6,U00 3$.Z31 From 05�1-RentalInspections To 0550-Fire Fram 0551-Rental Inspections To Acct 4341-Rentals From Acct 4337-Conf & Schools To Acct 4229-V1'ork Order Trans Prom Acct 4217-Clothing To Fund 2Z7-City Ntatch Police Grants To Acct 4720-Transfer Out To Acct 4720-Transfer Out Construct Soccer Field CAPITAL Ii9PROVEVIENT FUND STREETS CAPITAL IMPROVEMENT REVENUE ADJLTSTMENTS Fund Balance APPRUPRIATION ADJUSTMENTS Uther Financinb Uses �_ :� u 33,930 BN Xing at 77th VVay �.�.Q 33,930 BN lYing at 77th Way (9531 j �9 : a i l�i� Transfer in From General Fund 30�,33� City Match For Police Gran�s ,�t,, � 3� PASSED AND ADOPTED BY THE C1TY COUN�CIL OF THE C1TY OF FRIDLEY THIS 4TH, DAY OF MARCH, 2002. ATTEST: DEBRA A. SKOGEN - C1TY CLERK 33 SCOTT J. LUND - MAYOR � AGENDA ITEM COUNCIL MEETING OF MARCH 4, 2002 CRY OF FRIDLEY APPOINTMENT TO COMMISSION Planning Commission (At-Large Member) Term Expires: 4/01 /05 E��' 0 0 . . M � � AGENDA ITEM F�O� COUNCIL MEETING OF MARCH 4, 2002 CLA1 MS � 04078 - 104215 35 � f CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 4, 2002 LICENSES Type of License: � Approved By: TEMPORARY GAMBLING PERMIT Woodcrest Elementary PTA Colleen Varnish City Clerk 880 Osborne Rd NE Public Safety Fridley, MN 55432 36 Fee: Waived . . » . i: � I . . � City of Fridley AGENDAITEM City Council Meeting Of Monday, March 04, 2002 � Generai Contractor-Residential Rayco Construction Inc (3396) 3801 5 St NE Stacy Meyers Columbia Heights MN 55421- Yurick Construction (20270966) 5533 210 St NW Anoka MN 55303- Sian Erector Sign A Rama 2216 West Co Rd D Roseville MN 55112- Jeff Yurick Thomas Bye 37 An�roved Bv: State of MN State of MN Ron Julkowski Building Official : AGENDA ITEM CITY COUNCIL MEETING OF �r�r oF MARCH 4 2002 FRIDLEY � TO: William VV. Burns, City Manager � �� From: Richard D. Pribyl, Finance Director �=� Debra A. Skogen, City Clerk Re: Public Hearing for 21St Century Food & Fuel, Inc. 7883 East River Road Applicant: Xai Yang 533 Jessamine Avenue East S� Paul, MN 55101 Date: February 27, 2002 The 21st Century Food and Fuel, Inc. has been sold to Xai Yang of 533 Jessamine Avenue East, � St. Paul, MN. The store has had and an off-sale 3.2% malt liquor license and Mr. Yang has applied for a new license. City Code requires that a public hearing be held to consider the ' approval of an off-sale 3.2% Malt Liquor License and that the license can not be approved during the same meeting. The Police Department has conducted a background investigation and has found no reason to deny the application at this time. Staff recommends holding a public hearing for an off-sale 3.2% malt liquor license. The final approval of the license is scheduled for March 25, 2002. . A � CITY OF FRIDLEY PUBLIC HEARING BEFORE T'HE CITY COUNCII, Notice is hereby given that the Fridley City Council will hold a public hearing at its regular meeting of the City Council at the Fridley Municipal Center, 6431 University Avenue Northeast on Monday, March 4, 2002 at 7:30 p.m. on the question of issuing an off-sale 3.2% Malt Liquor License to 21St to Xia Yang for Century Food & Fuel, Inc located at 7883 East River Road. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than February 25, 2002. Anyone having an interest in this matter should make their interest known at this public hearing. /s/ Debra A. Skogen, City Clerk Published: February 21, 2002 in the Fridley Focus 39 � . CffY dF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 4, 2002 INFORMAL S'TATUS REPORTS ., i c 0 a ,