12/10/2007 - 61461�.� � ��
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2007
.. . � '�
.
CfTY 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 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 763-572-3500 at least one week in advance. (TTD/763-572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Approve Extension for Special Use Permit,
SP #05-03 and Variance, VAR #05-14, by
Kinghorn Company for Woodcrest Baptist
Church, to Allow an Expansion of an Existing
Church in an R-3, Multi-Family Zoning District,
Generally Located at 6875 University Avenue N.E.
-
ard 1) ................................... 1 2
2. Approve 2007-2008 City of Fridley Snow
Removal Operation's Policies and
Procedures ................................... 3 - 13
3. Resolution Authorizing Changes in
Appropriations for the 2007 Budget for
August through November, 2007 .... 14 - 16
o�oo �- �l
4. Resolution Providing for Water Rate
Change ........................... . . ... 17 - 18
�D4 `i- � �-
5. Resolution Providing for a Storm Water
Drainage Rate Change ........... .... 19 - 20
o�►�o�?' �J�.
6. Resolution Providing for Sewer Rate
Increases ..................... . .... . . 21 - 22
�,D D �' ��
7. Resolution Authorizing a Change in Mileage
Reimbursement Rates for the 2008 Calendar
Year................................................ 23 - 24
dt00 ?- �.5
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
8. Resolution in Support of an Application for a
Minnesota Lawful Gambling Premise Permit
for CLIMB Theater at AMF Bowling Centers,
d/b/a AMF Maple Lanes, Located at 6310
Highway 65 N.E. (Ward 2) .............. 25 - 26
a�o7_ ��
9. Resolution Approving and Authorizing Signing
an Agreement with Police Offices of the City of
Fridley Police Department for the Years 2008
and 2009 ................ -
. . .. ..
,ZDD � 7
10. Claims .
11. Licenses
12. Estimates
........................................ 54
................................... 55 - 56
................................... 57
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not
on Agenda —15 Minutes
PUBLIC HEARING: ,
13. Consideration of the Issuance of Refunding
Revenue Bonds under Minnesota Statutes,
Chapter 462C, for Banfill Crossing, Generally
Located at 8310 University Avenue N.E.
(Ward 3) ................................... 58 - 59
,. -.. ,� �
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2007 PAGE 2
NEW BUSINESS:
14. Resolution Certifying Final Tax Levy
Requirements for 2008 to the County of
Anoka ... ......... ........ .. 60 - 61
� �= �'�g�
15. Resolution Adopting the Final Budget
for the Fiscal Year 2008 ................. 62 - 62
aoe �- � q
NEW BUSINESS (CONTINUED►:
16. Resolution Approving the Issuance and
Sale of Revenue Bonds and Authorizing
Execution and Delivery of Documents Related
Thereto for Banfill Crossing, Generally
Located at 8310 University Avenue N.E.
(Ward 3) ...................�............ 65 - 70
Q� QQ' U`�
17. Informal Status Reports .................. 71
ADJOURN.
�
� CITY COUNCIL MEETING OF DECEMBER 10, 2007
CffY OF
FRIaLEi'
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 763-572-3500 at least one week in advance.
(TTD/763-572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Approve Extension for Special Use Permit,
SP #05-03 and Variance, VAR #05-14, by
Kinghorn Company for Woodcrest Baptist
Church, to Allow an Expansion of an Existing
Church in an R-3, Multi-Family Zoning District,
Generally Located at 6875 University Avenue N.E.
(Ward 1) ................................................................................................... 1 - 2
2. Approve 2007-2008 City of Fridley Snow
Removal Operation's Policies and
Procedures............................................................................................... 3 - 13
3. Resolution Authorizing Changes in Appropriations
for the 2007 Budget for August through November,
2007 ........................................................................................................... 14 - 16
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2007 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
4. Resolution Providing for Water Rate Change ............................................. 17 - 18
5. Resolution Providing for a Storm Water
Drainage Rate Change ............................................................................... 19 - 20
6. Resolution Providing for Sewer Rate
Increases.................................................................................................... 21 - 22
7. Resolution Authorizing a Change in Mileage
Reimbursement Rates for the 2008 Calendar
Year............................................................................................................ 23 - 24
8. Resolution in Support of an Application for a
Minnesota Lawful Gambling Premise Permit
for CLIMB Theater at AMF Bowling Centers,
d/b/a AMF Maple Lanes, Located at 6310
Highway 65 N.E. (Ward 2) .......................................................................... 25 - 26
9. Resolution Approving and Authorizing Signing
an Agreement with Police Offices of the City of
Fridley Police Department for the Years 2008
and2009 .................................................................................................... 27 - 53
10. Claims ........................................................................................................... 54
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2007 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
11. Licenses ................................................................................................... 55 - 56
12. Estimates ................................................................................................... 57
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes
PUBLIC HEARING:
13. Consideration of the Issuance of Refunding
Revenue Bonds under Minnesota Statutes,
Chapter 462C, for Banfill Crossing, Generally
Located at 8310 University Avenue N.E.
(Ward 3) ................................................................................................... 58 - 59
NEW BUSINESS:
14. Resolution Certifying Final Tax Levy
Requirements for 2008 to the County of
Anoka................................................................................................... 60 - 61
15. Resolution Adopting the Final Budget
for the Fiscal Year 2008 ............................................................................. 62 - 62
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2007 PAGE 4
NEW BUSINESS (CONTINUED):
16. Resolution Approving the Issuance and
Sale of Revenue Bonds and Authorizing
Execution and Delivery of Documents Related
Thereto for Banfill Crossing, Generally
Located at 8310 University Avenue N.E.
(Ward 3) ................................................................................................... 65 - 70
17. Informal Status Reports .............................................................................. 71
ADJOURN.
�
�
CffY OF
FRIaLEI'
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 10, 2007
December 4, 2007
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Consideration of an Extension for SP #05-03 and VAR #05-14 for the Expansion of
Woodcrest Baptist Church
M-07-38
INTRODUCTION
On November 7, 2005, the City Council approved a special use permit and variance request to
allow for an expansion of the Woodcrest Baptist Church building and the reconstruction of the
parking lot. On December 4, 2006, the City Council approved a one-year extension to allow the
church the additional time they needed to work on the design elements of the addition and
fundraising.
Staff contacted the petitioner again this year, to let them know that the special use permit and
variance were about to expire. The petitioner, Kinghorn Construction promptly responded with
the attached letter requesting an additional extension. He states that the economy has slowed
their fund raising progress a little, so permanent financing in not yet in place. He does however
state that the architect has finished the plans for the addition and from that standpoint, the
project is ready.
PLANNING STAFF RECOMMENDATION
City Staff recommends granting a one-year extension on Special Use Permit, SP #05-03 and
Variance Request, VAR #05-14, which should allow the petitioner the additional time needed to
secure funding for the project and begin construction.
Kinaho
November 29, 2007
Mr. Scott Hickok
Community Development Director
City of Fridley
Municipal Center
6431 University Ave. NE
Frii�ley, �ZIv SSY32
Re: Woodcrest Baptist Church
Special Use Permit OS-03
Variance OS-14
Dear Mr. Hickok:
As the Church continues to work on the funding and giving for the �xpansion of their
existing church, the economy has slowed their fund raising progress a little, and -
permanent financing is not in place at this time. The architect has finished the plans and
from that standpoint the project is ready. _
We are requesting an extension of the Special Use Permit and the Variance for
Woodcrest Baptist Church.
If you need additional information, please call me anytime and thank you for your
consideration of this request. ,
ncerely,
Grady . Kingho
CEO
Cc: Pastor Poorman
Genera! Contractors R- 14198 Northdale Blvd. s RogefZs, MN 55374 � Tel: 763-428-8088 g Fax: 763-428-8090
�
�
�
CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 10, 2007
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
December 10, 2007
Approval of 2007 - 2008 Winter Snow Plan
PW07-065
Attached are the 2007 - 2008 Snow Removal Operations Policies and Procedures with maps.
This document gives an overview of equipment, responsibilities, plowing and sanding policies,
districts, emergency plan reference and the responsibilities of other jurisdictions.
The other attachments include the snowplow district and equipment assignments, Emergency
Snow Removal Procedures policy, assignments and map and the Priorities on Sidewalk Plowing.
All personnel have been prepped for their duties during snow plow operations. We will have two
new employees coming on board and we will use our alternate plow drivers to train them and
ensure things go smoothly.
To ensure the City has a reasonably defensible snow removal plan, I recommend the City Council
adopt this plan by motion for the 2007 - 2008 winter snow season.
JPK:jk
Attachments
SNOW REMOVAL OPERATIONS POLICIES AND PROCEDURES
The Fridley Public Works Department is engaged in a continuing effort to provide improved snow removal
services, and yet keep expenses in balance with the current budget appropriation. For street snow
removal, the City currently deploys 20 pieces of equipment. Each of the 10 residential snowplow districts
and the 2 industrial districts has a major piece of equipment dedicated to clearing snow from its roadways.
These 11 major pieces of equipment are made up of 5 dump trucks with one-way plows and wing plows, 1
flatbed truck with a one-way plow, 1 dump truck and 2 pot patcher trucks with one-way plows and
underbody plows, and 3 loaders with directional plows and wing plows. Six of these trucks are also
equipped with sand spreaders for use when ice and slippery conditions exist. There are 8 minor pieces of
equipment are used to supplement the major equipment and to clear cul-de-sacs, dead end streets,
improved alleys, municipal parking lots and concrete sidewalks. These 8 pieces are comprised of 6 4x4
pickups, 1 1-ton 4x4 truck and 1 sidewalk plow/snowblower.
The Public Works Director has overall responsibility for snow and ice control operations. The Street
Supervisor has direct responsibility for supervising the day-to-day operations, such as determining when to
call out manpower, equipment needs, ordering materials, etc. The Street Supervisor utilizes weather
services and reports, police reports, citizen input and consults with the Director when necessary to
determine when to initiate the snow plowing operation.
Our policy is to begin snow removal operations after the snow storm has subsided, normally in the early
morning hours. However, if the storm ends in late evening, the crews are called out in an attempt to clear
redline collector routes by morning rush hour. If a storm is predicted to last unreasonably long, or heavy
accumulations appear imminent, full snow plowing operations begin on the redline collector routes in eight
districts when accumulations become hazardous for driving. Based on different storm situations and
severity levels, the starting time frames are flexible. For blizzard or high wind storms, plowing does not
commence until the storm subsides. For economy purposes, weekend snow storms will be reviewed for
impact and delay in starting times to minimize overtime costs.
Whenever ice or slippery conditions develop, sanding crews are dispatched to the six sanding districts (see
Attachment A- Sanding Districts). Sand and salt mixtures are spread over ice or slippery areas. The
sand provides an abrasive to help traction, while the salt is applied to reduce the temperature at which the
ice will melt. We are currently using straight salt in the Melody Manor, Rice Creek Plaza, Rice Creek
Terrace, Sylvan Hills, Hyde Park, Christie and Florence Park neighborhoods. Salt is less effective below 20
degrees F, therefore, sand may be used to a limited degree in these areas if extreme cold follows an icing
condition. The Public Works on call employee, upon notification of slippery conditions by the Police
Department, is authorized to respond with up to two additional personnel to sand or salt slippery areas. If
more personnel are needed, the on call employee will notify the Public Works Director or Street Supervisor
of the need for additional personnel.
When snow removal operations begin, redline collector routes are plowed first. (See Attachment B-
Redline Collector Routes map). It takes approximately 4 to 6 hours (based upon up to a 6" snowfall) to
complete these routes. These streets have been declared redline routes because they allow residents and
emergency vehicles faster and better access to the highways and into all areas of Fridley.
The City is divided into ten snow plowing districts after the redline collector routes are plowed. (See
Attachment C- Snow Plowing Districts map). In each district, there are four alternating starting points.
After each snow, the starting points will change. It takes approximately 6 to 8 hours (based upon up to a
6" snowfall) to complete snow plowing operations on the remaining streets. This results in providing clean,
safe streets 12 to 16 hours after an average snow storm.
There are 86 cul-de-sacs and 35 dead-end streets in Fridley. It takes considerable time before the smaller
and specialized equipment can complete the cul-de-sac areas. A snowplow may complete the regular
street and a portion of the cul-de-sac area. The major portion of the cul-de-sac will be plowed by the
special equipment within the total time of the snow plowing operation.
Concurrent with the plowing of the streets and cul-de-sacs, the sidewalks, improved alleys and municipal
parking lots are also plowed. We do not plow bikeways or asphalt paths, we only clear concrete sidewalks.
Cleanup operations begin on the next normal working day after the snow removal operations have been
completed. This includes cul-de-sac clearing and hauling, intersection clearing, sidewalks, traffic light
areas, bus stops, and winging back on boulevards
Vehicles parked on streets during a snow storm (termed Snowbirds) create problems for snow removal
operations. City ordinance prohibits vehicles from parking on City streets from 2:00 a.m. to 6:00 a.m. and
during any snow removal operation from November 1 to April 1 of each year. Snowplow drivers report
snowbirds to the Police Department. Depending on available police personnel, tickets are issued, if the
vehicle is not removed. Vehicles that are blocking the street are towed away. Snowbirds that are still
parked when cleanup operations begin are towed and impounded under the direction of police personnel.
For larger storms predicted to be over 8 inches and up to 15 inches or storms of longer duration, City crews
may begin plowing when streets are covered by approximately 6 inches of snow. Crews will follow our
standard snow plowing format of concentrating on the redline streets first and then moving into the
residential neighborhoods. Once the storm is substantially over, crews will begin a final city-wide plowing
operation cleanup.
For a major storm over 15 inches, our alternate plan comes into effect. The City is sectioned into 10
districts (see Attachment D- Emergency Snow Removal Plan) and the personnel are established into
two 12-hour shift crews. The redline streets are plowed first and then the remaining streets in the district
are plowed. The major difference is only one pass is made down the center of each street initially. Once
all streets are opened, the crews then go back and start clearing the roads full width. This continues until
all the streets are cleared by rotating the crews through their shifts.
MnDOT is responsible for clearing TH 47 (University Avenue), TH 65 (Central Avenue) and I-694. Their
policy is black pavement and run teams down the highway as the snow storm progresses.
Anoka County plows East River Road, the 44th Street bridge, Main Street to 57th, 57th to University, 49th
between Main Street and University, Mississippi Street, Osborne Road, 85th and Old Central. The County
also varies its starting points and attempts to clear to black pavement.
11 /06
EMERGENCY SNOW REMOVAL PROCEDURES
We differentiate between a normal snowfall and what we would call an emerqency snowfall. An
emerqencv snowfall is a snowfall of 15 inches or more that is projected to fall within a 24 hour
period.
2. When there is a projection of an emergency snowfall, the snow plowing procedure will begin when
there is 6 inches of snow on City streets. The Police Department will have the responsibility for
notifying the Public Works Department of the existence of 6 inches of snow on the streets.
3. Once the plowing for an emergency snowfall has been decided, Public Works employees will be
divided into two 12-hour shifts. One or two of these shifts will be assigned to the storm, depending
on rate, duration, magnitude of snowfall, weather forecasts, time of day, and day of week. The
initial shift will be assigned to, and priorities during a snowstorm will be given to opening redline
collectors.
4. Each shift will consist of eight employees who will operate five dump trucks and three front-end
loaders. Each group of eight employees will be assigned to one 12-hour shift.
In addition to the eight employees assigned to each shift, another employee shall be assigned as
needed to address particular problems. He/she may, for example, be assigned to digging out cul-
de-sacs, plowing sidewalks, and plowing City parking lots.
The storm and/or any other circumstances surrounding the storm will dictate the use of any
additional employees. These employees will also be available to assist the Police and Fire
Department with emergency operations (i.e., police calls, medical and fire emergencies).
5. The Police Department will take the primary responsibility for responding to questions from
citizens. It was agreed that the Police Department personnel will be updated approximately every
two hours. Personnel will keep maps and be responsible for plotting the progress of the snow
removal crews as reported.
6. As the plows are working during a major snowfall, they will make an initial pass in each direction
through redline streets and then residential streets. Efforts toward plowing curb to curb will not be
made until all streets have been opened to traffic. It is understood that there will be difficulties with
cul-de-sacs and driveways being plowed shut on a number of occasions and with cars being
parked on the streets.
Revised: 11 /06
PRIORITIES ON
SIDEWALK PLOWING
1. Mississippi Street from University Avenue to Highway 65
2. 7th Street from Mississippi to 61st
3. 61st from University to Highway 65
4. Mississippi Street, from University Avenue west to East River Road, then to the two walkway
easements off Rivers Edge Way for Stevenson School
5. Osborne Road, from University Avenue to Highway 65
6. 7th Street, 61st south to 59tn
7. Hayes School on Monroe, from Mississippi to 67tn
8. Mississippi Street, from East River Road to Central Avenue, south side
9. Sth Street, from Mississippi to 63rd, then to University Avenue Service Road to 57tn
10. 61st, University Avenue west to Starlite, both sides, also two walkway easements from Starlite to
Trinity
11. 61st, from University to Moore Lake Commons on south side
12. Medtronic Parkway from Highway 65 to 7th Street
13. 53rd from Target to Menards
14. Highway 65, from Ground Round to Twin City Federal
15. East River Road from Osborne Road north to Lafayette Street west side
11 /06
SNOWPLOWS ASSIGNED TO PLOWING DISTRICTS — 2007/2008 SEASON
District # 1
District #2
District #3
District #4
District #5
District #6
District #7
District #8
District #9
District # 10
North & South
Industrial
#774 = 96 Case Loader w/wing
#792 = 97 Ford Dump Truck w/wing
#775 = 04 Sterling Tandem Dump w/wing
#795 = 99 JD Loader w/wing
#744 = OS Case Loader
#725 = 92 Ford w/wing
#755 = O1 Int'1 Dump w/wing
#763 = 02 Sterling Dump w/wing
#762 = O1 Sterling w/wing
#769 = OS Int'1 Dump w/wing
#672 =91 Ford Single Axel w/Util Box & front
one-way plow
#730 =05 Int'1 Potpatcher front plow
w/underbody
Red Denotes Snow Emer._�v Routes
Black Denotes Snowplowin� Districts
Supervisor: Jeff Jensen
Plowin._��nments for Snow
Emer._�v Routes
North Area 769, 762, 774
East Area 792, 775
Central Area 744, 763, 795, 730, 672
West Area 755, 727
Alle,�s, Cul-de-sacs, & Intersections:
Alleys & Area # 1 754 = Ken Small
554 = Mark Schulte
Area #2 753 = Keven Becklin
Area #3 528 = Tyson Jenkins
541 = Rich Perron
Intersections 724 = Craig Hanson
Sidewalks 740 = Bruce Koopmeiners
11/06
Scott Bradseth
Reggie Revier
Brandon O'Mara
Garry Volk
Craig Turbak
Pete Gunderson
Kevin Mensch
Mike Graves
Brian Benesch
Bud Zurbey
Jon Williams
Gary Bulman
Equipment Respondin� to Snow Emer�
3 Front end loaders w/directional plows
& wings
6 Dump trucks w/one-way plows & wings
1 Ford Single-a�e w/utility box & front one-
way plow
2 Sidewalk plow & snow blower
5 4 x 4 vehicles
1 One ton truck 4x4 w/sander
2 Potpatchers w/one-way plow &
underbody plow
SNOWPLOWING ASSIGNMENTS FOR
SNOWS OF 15 1NCHES OR MORE
AREA TEAM A TEAM B
Area 1:
Unit 769-Int. Dump w/wing Bud Zurbey Tyson Jenkins
Area 2:
Unit 775 - Ford tandem w/wing
Unit 774 - Case loader w/wing Brandon O=Mara Keven Becklin
Area 3:
Unit 762 - Ford dump w/wing Brian Benesch Jason Wiehle
Area 4:
Unit 763 - Sterling dump w/wing Mike Graves Pete Gunderson
Area 5:
Unit 755 - Int. Dump w/wing Kevin Mensch Ken Small
Area 6:
Unit 792 - Ford dump w/wing Reggie Revier Gary Bulman
Area 7:
Unit 795 - JD loader w/wing Craig Turbak Gary Volk
Area 8:
Unit 774 - Case loader w/wing
Unit 744 - Case loader w/wing Scott Bradseth Phil Perron
Auxiliary Crew Rich Perron Mike Schulte
Bruce Koopmeiners Jon Williams
Mechanics Mark Foster Mark Kluge
Kelly Odenthal
NOTE: Crews will consist of 10 - 11 operators plus mechanics in 12-hour shifts
11/06
, sources:
Cit� oCFridlc� Pubfic Works
i dh-ofFndle�-Engineenng
� Cil�'o(FndIc.GIS
� Anoka Countc GIS
Map Dare: No��cmbc� 2007
CITY OF
FRIDLEY
SALT / SAND
DISTRICTS
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District 5
District 6
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November 2006
SOURCES
Fridley Public Works
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Sources:
City of Fridley Public Works
City of Fridley Engineering
City of Fridley GIS
Anoka County GIS
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FRIaLEY
T0:
FROM:
AGENDA ITEM
COUNCIL MEETING OF DECEMBER 10, 2007
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
CRAIG A. ELLESTAD, ACCOUNTANT
SUBJECT: MODIFICATIONS TO THE 2007 BUDGET
Attached you will find a resolution amending appropriations to the 2007 Budget in accordance with
the City Charter.
The adjustments listed have arisen 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 the Council approve the amendment of the attached budgets.
RDP/ce
Attachment(s)
Resolution No. 2007 -
A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE 2007 BUDGET FOR AUGUST THRU NOVEMBER, 2007
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 adopted budget for2007.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
following funds will be amended as follows:
GENERAL FUND
REVENUE ADJUSTMENTS
Police-Reimbursement
Police-Reimbursement
Police-Reimbursement
Police-Reimbursement
Police-Reimbursement
Police-Reimbursement
Police-Reimbursement
Police-Reimbursement
Police-Miscellanous Revenue
Police-Miscellanous Revenue
Fire-Reimbursement
Fire-Miscellanous Revenue
Fire-State Aid
Recreation-Miscellanous
Streets-Miscellanous Revenue
APPROPRIATION ADJUSTMENTS
Police-Personal Services
Police-Personal Services
Police-Other Services & Charges
Police-Other Services & Charges
Police-Operating Supplies
Police-Other Services & Charges
Police-Personal Services
Police-Personal Services
Police-Other Services & Charges
Police-Other Services & Charges
Fire-Personal Services
Fire-Supplies
Fire-Personal Services
Fire-Supplies
Streets-Supplies
Reserve-Other Services & Charges
Muni Center-Other Services & Charges
Reserve-Other Services & Charges
Muni Center-Other Services & Charges
583
12,057
14,069
600
957
1,350
2,400
11,520
192
381
685
553
23,959
4,207
400
73.913
Federal Grant
Federal Grant
State Grant
Blaine & Coon Rapids
Anoka County
Anoka County
Anoka County
Cub Foods
Shorty's Towing
Gun Range Recycling
North Metro CAT
Various Donations
Insurance Premium Tax
Sale of Trees
Public Works Construction
583 Drug Task Force
12,057 Safe & Sober
14,069 POST Board
600 Gun Range
957 Emergency Operations Center
1,350 Detox Transprt
2,400 Drug Task Force
11,520 Police Security
192 Services Contracted
381 Services Contracted
685 Paid On Call
553 Fire Prevention Week Supplies
23,959
4,207
400
-11,375
11,375
-2, 888
2,888
73.913
Fire Pension
Trees
Asphalt
To Municipal Center
Hose Tower Repair
To Municipal Center
Parking Ramp Review
SPRINGBROOK NATURE CENTER FUND
REVENUE ADJUSTMENTS
Donations
APPROPRIATION ADJUSTMENTS
Supplies
500 Individual Donation
N7�I�
500 Operating Supplies
500
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
10th DAY OF DECEMBER, 2007.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
�fTY �F
FRIDLEY
i'�:
FROM.�
AGENDA ITEM
COUNCIL MEETING OF DECEMBER 10, 2007
WILLIAM W. BURNS, CITYMANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT.• WATER RATE INCREASE FOR 2008
Date: December 4, 2007
As part of the budget work done this year staff indicated that the Water Fund would require a rate
increase for 2008. That being said, this is the first year since 2001 that a rate can be set without
limitation and allow for the Water Fund to breakeven on an annual basis.
We are recommending that water rates be increased to $1.30 for consumption under 5,000,000
gallons and $1.36 for consumption over 5,000,000 gallons per quarter. This increase would be
effective with the first billing in January of 2008.
Staff is recommending this water rate change for 2008.
RDP/me
Attachment
RESOLUTION NO. 2007-
RESOLUTION PROVIDING FOR WATER RATE CHANGE
WHEREAS, Secrion 402.13 of the City Code provides that the City Council sl�all have the authority to set water rates by
resolution, and
WHEREAS, increases in operating costs since the last water rate increase in 2007 have necessitated an increase in the
rates of 102%.
WHEREAS, the rates are to be effecrive with the January, 2008 billing.
NOW THEREFORE, be it resolved, that the following water rate schedule for all customers except those qualifying for
the low income senior cirizen and disabled citizen rate shall be as follows:
WATER RATE SCHEDULE
0 - 5,000,000 $1.30/1,000 GaUMinimum $15.60
OVER - 5,000,000 $1.36/1,000 Gal
BE IT FURTHER RESOLVED, that the City Council hereby provided a reduced rate schedule for qualifying low income
senior cirizens and disabled citizens as follows:
SENIOR CITIZEN RATE SCHEDULE
0 - 5,000,000 $.96/1,000 GaUMinimum $11.52
The following criteria must be set to qualify for the low income senior citizen rate:
1. The senior cirizens must occupy single family or double bungalow units. The senior cirizen rate does not apply to
apartments, commercial, industrial, institutional, or other.
2. The customer or person having responsibility for payment of the water charge must be sia�ty two years of age or older
and must provide a copy of a valid Miiiiiesota Driver's License or receipt thereof, or a Mimlesota Idenrificarion Card
or a receipt thereof with current address for proof of age.
3. The person must certify that the total household income is less than the low income level defined by the Department
of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's
Federal Tax Form.
The following criteria must be met in order to qualify for the low income disabled citizen rate:
1. Disabled cirizens must provide a copy of an award letter from the Social Security Administrarion indicating that the
individual is one hundred percent (100%) disabled.
2. The person must certify that the total household income is less than the low income level defined by the Department
of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's
Federal 1040 Tax Form.
PASSED AND ADOPTED BY THE CITY COUNCII, OF THE CITY OF FRIDLEY THIS lOthDAY OF DECEMBER,
2007.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
�fTY �F
FRIDLEY
i'�:
FROM.�
AGENDA ITEM
COUNCIL MEETING OF DECEMBER 10, 2007
WILLIAM W. BURNS, CITYMANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT.• STORM WATER RATE INCREASE FOR 2008
Date: December 4, 2007
As part of the budget work done this year, we indicated that the Storm Water Fund would require an
increase for 2008. We are recommending an increase for 2008.
We are recommending that the REF factor be increased to $10.05 (1.016 x$9.90) per quarter. You
might recall that a residential lot was defined to be 1/3 of an REF acre. The quarterly cost for storm
water would then be $3.35 per quarter for a residential lot. This increase would be effective with the
first billing in January 2008.
Staff is recommending this storm water rate change for 2008.
RDP/me
Attachment
RESOLUTION NO. 2007-
RESOLUTION PROVIDING FOR A STORM
WATER DRAINAGE RATE CHANGE
WHEREAS, Section 402.13 of the City Code provides that the City Council shall have the authority
to set the storm water drainage fee by resolution, and
Whereas, the expenses associated with the maintenance of the storm water system have increased,
and
WHEREAS, the City has indicated a desire to provide for proper maintenance and improvements to
the storm water drainage system, and
WHEREAS, both the maintenance and improvements have been outlined in the City's Budget and
Capital Improvement Program, and
WHEREAS, the new rate is to be effective with the January, 2008 billing.
NOW THEREFORE, be it resolved, that the following storm water drainage rate for all customers
shall be $10.05 per quarter per REF-acre.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOth
DAY OF DECEMBER, 2007.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
�fTY �F
FRIDLEY
i'�:
FROM.•
AGENDA ITEM
COUNCIL MEETING OF DECEMBER 10, 2007
WILLIAM W. BURNS, CITYMANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT.• SEWER RATE INCREASE FOR 2008
Date: December 4, 2007
As part of the budget work done this year, we indicated that the Sewer Utility Fund would
require a rate increase for 2008. That being said, this is the first year since 2001 that a rate can
be set without limitation and allow for the Sewer Fund to breakeven on an annual basis.
We are recommending that the sewer rate be increased to $3.01 per thousand gallons. This
increase would be effective with the first billing in January of 2008.
Staff is recommending this sewer rate change for 2008.
RDP/me
Attachment
RESOLUTION NO. 2007 -
RESOLUTION PROVIDING FOR SEWER RATE INCREASES
WHEREAS, Section 402.13 of the City code provides that the City Council shall have the
authority to set sewer rates, and
Whereas, based on the increases of disposal of sanitary sewer costs, the rate increase of 16.2% is
being passed through to the sanitary sewer utility customers.
NOW THEREFORE, BE IT RESOLVED, that the following sewer rate schedule shall be
effective with the first billing in January, 2008.
PROPERTY CLASS
"Single Family" Dwelling
(including Townhomes)
Commercial/Industrial
Non-Profit Entity including
schools
Multiple Dwellings (including
Trailer Courts)
CONSUMPTION
BA I
Winter Quarter
Water Usage
Current Quarter
Water Usage
Current Quarter
Water Usage
Winter Quarter
Water Usage
MINIMUM
CHARGE
$36.12
$75.25
$75.25
$75.25
MINIMUM
CONSUMPTION
12,000 Gallons
25,000 Gallons
25,000 Gallons
25,000 Gallons
Qualifying Disabled and Senior Winter Quarter Maximum of No Minimum —
Citizens Water Usage $30.10 Maximum of
10,000 Gallons
All consumption in excess of the minimums stated above will be charged at a rate of $3.01 per
thousand gallons.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOth
DAY OF DECEMBER 10, 2007.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
�fTY �F
FRIDLEY
T�:
FROM:
SUBJECT:
DATE:
AGENDA ITEM
COUNCIL MEETING OF DECEMBER 10, 2007
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
MILEAGE RATE CHANGE - 2008
December 4, 2007
The Internal Revenue Service has made the decision to increase the mileage rate from $0.485
per mile to $0.505 for 2008.
The attached resolution changes the City of Fridley's mileage rate to that of the current IRS
rate.
Based on past practice, it is my recommendation that we make this adjustment and present
this resolution to City Council for approval at the December 10, 2007, meeting.
RDP/me
Attachment
RESOLUTION NO. - 2007
A RESOLUTION AUTHORIZING A CHANGE IN MILEAGE
REIMBURSEMENT RATES FOR THE 2008 CALENDAR YEAR
WHEREAS, there has been a mileage rate change in the Internal Revenue Service guidelines;
WHEREAS, the Internal Revenue Service has decreased the standard mileage rate to $0.505 cents
per mile for 2008; and
WHEREAS, an adjustment of the standard mileage rate for the City of Fridley is warranted;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the
following change be authorized for employees of the City of Fridley, effective January 1, 2008.
1. Standard Mileage Rate increased to $0.505 per mile.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOth
DAY OF DECEMBER, 2007.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
�fTY �F
FRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
December 10, 2007
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Deb Skogen, City Clerk
December 6, 2007
CLIMB- Charitable Gambling Premise Permit Renewal
AMF Maple Lanes Bowling Center, 6310 Highway 65 NE
Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The
CLIMB Theater is currently conducting charitable gambling at AlVg' Bowling Centers dba
Maple Lanes located at 6310 Highway 65 NE. Their Charitable Gambling Premise Permit
expires on February 28, 2008.
The renewal application requires a resolution from the City Council approving the renewal. If
approved, the premise permit would become effective March 1, 2008 and expire February 28,
2010. Please find a resolution for the renewal premise permit. Staff recommends approval of the
premise permit renewal by adoption of the attached resolution.
RESOLUTION NO. 2007 -
RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL
GAMBLING PREMISE PERMIT FOR CLIMB THEATER AT AMF BOWLING
CENTERS DBA AMF MAPLE LANES, LOCATED AT 6310 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 CLIlVIB Theater, and
WHEREAS, the location of the Premise Permit is for AlVg' Bowling Centers dba Maple Lanes
located at 6310 Highway 65 and will be effective from March 1, 2008 to February 28, 2010; and
WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable
gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the
Minnesota Lawful Gambling Premise Permit Application for the CLIlVIB Theater at AlVg' Bowling
Center dba Maple Lanes located at 6310 Highway 65.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOtn
DAY OF DECEMBER 2007.
SCOTT J LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
�ffY �F
FRIDLEY
7'O:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 10, 2007
William W. Burns, City Manager
Deborah Dahl, Human Resources Director
December 6, 2007
CONTRACT NEGOTIATIONS WITH PATROL OFFICERS FOR 2008 & 2009
I am pleased to announce a settlement agreement was reached between the City of Fridley and the
patrol officers (L.E.L.S. Local 119) for 2008 and 2009. A final vote was taken by patrol members
who have approved the agreement.
Attached is that signed agreement and the proposed resolution, which I am submitting for your
review and final Council adoption. The following is a summary of the changes for 2008 and 2009:
1. Article 35 - Durarion
The agreement included a two-year contract for the years of 2008 and 2009.
2. Article 7.7 - Choice of Remedv
Language was added to allow a statutory remedy under the Equal Opportunity Commission. The
added language is: "With respect to statutes under jurisdiction of the United States Equal
Employment Opportunity Commission, an employee pursuing a statutory remedy is not
precluded from also pursuing an appeal under this grievance procedure."
3. Articles 14.1. 14.2 & 18 - Court Time and Court Standbv Pa�
Both parties agreed to increase court stand-by time by one (1) hour, which would provide a total
of three (3) hours of pay at the Employee's base rate for any Employee who is required to stand-
by for court during his/her scheduled off-duty time, or if the court appearance is scheduled but
cancelled on short notice.
4. Article 17 - Benefits
The agreement provides that the patrol union receive the same benefits and employer
contribution levels as enjoyed by non-union members for 2008 and 2009, which includes health,
dental, and life insurance, as well as the cash option and benefit leave option. This is in keeping
with past practice.
You may recall that the City and patrol union went to mediation in May of 2007 to re-open
negotiations if employer contributions substantially changed. The City and Union reached a
setdement agreement on 5/2/2007, which called for employer's contribution to be the dollar
equivalent of 95% of the single coverage (calculated off of the Base Plan) and 70% for dependent
coverage. Listed below are the rates for 2008.
2008 Monthly Insurance Rates and Contributions
PLAN
Base
Single
Family
High Option
Single
Family
Premium
$496.07
1,429.58
537.36
1,548.55
Employer Employee
Contribution Cost
$471.27 $24.80
1,000.71 428.87
471.27 66.09
1,000.71 547.84
HRA/High Deductible Health Plan
Single 401.00 401.00 0.00
Family 1,155.56 900.71 254.84
VEBA Monthly Contribution =$100.00 for single and family
Cash Option: $377.00 per month (an increase of $37 per month)
Annual Leave Option: 10 Days of Annual Leave (no change)
Dental Contribution: Increase $2 per month ($22)
5. Article 22 - Wages
Hourly rates will increase by three (3) percent for the calendar year of 2008 and 2009.
Action Needed
Staff is recommending that the City Council approve this agreement and resolution at the Dec. 10,
2007 Council meeting. I would be happy to attend the meeting and answer any questions you or
Council may have.
D KD
Attachments: Resolution Adopting the Agreement
Exhibit A— 2008 & 2009 Labor Agreement
RESOLUTION NO. - 2007
A RESOLUTION APPROVING AND AUTHORIZING SIGNING
AN AGREEMENT WITH POLICE OFFICERS OF THE CITY OF
FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2008 & 2009
WHEREAS, the Law Enforcement Labor Services, Inc. as bargaining 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
Depariment 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, representatives of the Union and the City have reached an agreement (E�iibit
"A"), and
WHEREAS, Union members voted in favor of adopting the agreement,
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�iibit "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 , 2007.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA SKOGEN - CITY CLERK
EXHIBIT "A"
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 119
2008 & 2009
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 119
2008 & 2009
TABLE OF CONTENTS
ARTICLE PAGE
1. Purpose of Agreement 1
2. Recognition 1
3. Definitions 1
4. Employer Security 3
5. Employer Authority 3
6. Union Security 3
7. Employee Rights - Grievance Procedure 4
8. Savings Clause 7
9. Seniority 7
10. Discipline 8
11. Constitutional Protection 9
12. Work Schedules 9
13. Overtime 9
14. Court �me 9
ll
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Call Back �me
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
iii
10
10
11
12
12
12
12
13
14
14
14
16
17
18
18
18
18
20
20
20
20
LABOR AGREEMENT
BETWEEN
THE CITY OF FRIDLEY
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 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 Establish 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
3.2 Union Member
A member of the Law Enforcement Labor Services, Inc.
3.3 Emplo�
A member of the exclusively recognized bargaining unit.
3.4 Department
The Fridley Police Department.
3.5 Emplo ��er
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 Investi�ator/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.
�
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
moclify the organizational structure; to select, direct, and determine the number
of personnel; to establish work schedules, and to perform any inherent
managerial function not specifically limited by this Agreement.
5.2 Any term and condition of employment not specifically established or modified
by this Agreement shall remain solely within the discretion of the Employer to
moclify, establish, or eliminate.
Article 6. Union Security
6.1 The Employer shall deduct from the wages of Employees who authorize such a
deduction in writing 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
steward 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
6.4 The Union agrees to indemnify and hold the Employer harmless against any
and all claims, suits, orders, or judgments brought or issued against the
Employer as a result of any action taken or not taken 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.
7.3 Processin� 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 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) calendar days after receipt of such Step 2 grievance. A
grievance not resolved in Step 2 may be appealed to Step 3 within ten (10)
calendar days following the Employer-designated representative's final 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) calendar days of inediation shall
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 Authoritv
a. The arbitrator shall have no right to amend, moclify, nullify, ignore, add
to, or subtract from the terms and conditions of this Agreement. The
arbitrator shall consider and decide only the specific issue(s) submitted in
writing by the Employer and the Union, and shall have no authority to
make a decision on any other issue not so submitted.
ti�
b. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or moclifying 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 submission of briefs by the parties,
whichever be later, unless the parties agree to an extension. The
decision shall be binding on both the Employer and the Union and shall
be based solely on the arbitrator's interpretation or application of the
express terms of this Agreement and to the facts of the grievance
presented.
c. The fees and expenses for the arbitrator's services and proceedings shall
be borne equally by the Employer and the Union provided that each
party shall be responsible for compensating its own representatives and
witnesses. If either party desires a verbatim record of the proceedings, it
may cause such a record to be made, providing it pays for the record. If
both parties desire a verbatim record of the proceedings the cost shall be
shared equally.
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 shall be considered
settled on the basis of the Employer's last answer. If the Employer does not
answer a grievance or an appeal thereof within the specified time limits, the
Union may elect to treat the grievance as denied at that step and immediately
appeal the grievance to the next step. The time limit in each step may be
extended by mutual written agreement of the Employer and the Union in each
step.
7.7 Choice of Remedv
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.
,C�
With respect to statutes under jurisdiction of the United States Equal
Opportunity Commission, an employee pursuing a statutory remedy is not
precluded from also pursuing an appeal under this grievance procedure.
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
shall be held to be contrary to law by a court of competent jurisdiction from
whose final judgment or decree no appeal has been taken within the time
provided, such 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.
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 shall 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 shall 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 lst of each calendar year. After March lst, scheduled
annual leave shall be on a first-come, first-served basis.
9.7 Employees shall lose their seniority for the following reasons:
�
a. Discharge, 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:
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) regularly
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
E:3
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.
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
(1.5) times the Employee's base pay rate. The City may assign the Employee to
stand by pending the notification of their appearance being required. Unless
otherwise specified by the City or the prosecutor, this period of standby shall
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commence three (3) hours prior to the time scheduled for the Employee's
appearance in court. The Employee will be compensated for three (3) hours at
their base rate as provided in Article 18 for each day on standby.
14.2 If the court appearance is scheduled during the Employee's off time, and if the
court appearance is cancelled, 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 made by the end of the business day (5:00 p.m.) preceding the
court appearance, the Employee will receive standby pay for three (3) hours at
their base rate of pay.
14.3 The business day notice applies to all court cases for which the Employee
receives notice resulting from their employment with the City.
14.4 Employees who are assigned to standby for a court appearance during their off-
duty time, and who are then notified by the prosecuting attorney that they need
to appear and who do appear in court shall receive a minimum of three (3)
hours pay at one and one-half (1.5) times the Employee base rate of pay.
Employees will not be paid both standby pay and for three (3) hours at one and
one-half their base rate of pay.
14.5 Employees will be required to appear for the Court Trials/Tra�c Court, for
Contested Omnibus Hearings, for Implied Consent Hearings, and for any other
court appearance where the City or the prosecuting attorney directs that
Standby is not feasible.
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 regularly
scheduled shift for duty does not quali_f'y the Employee for 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 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
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17.1 For the calendar year 2008, for Employees who choose single coverage, the
Employer will contribute up to $471.27 per month per employee toward health
insurance (for the Base Plan or High Option) 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 2008, for Employees who choose dependent coverage, the
Employer will contribute up to $1000.71 per month per employee toward health
insurance (for the Base Plan or High Option), or an amount equal to that
provided to non-union employees, whichever is greater, in accordance with the
Employer's Flexible Benefit Plan.
17.3 For the calendar year 2008, for Employees who choose the high deductible
health plan and health reimbursement arrangement (HRA), the Employer will
contribute $401.00 per month toward single coverage and $900.71 toward
dependent coverage, or an equal amount to that provided to non-union
employees, whichever is greater, in accordance with the Employer's Flexible
Benefit Plan.
17.4 For the calendar year 2008, for Employees who choose the high deductible
health plan and health reimbursement arrangement (HRA), the Employer will
contribute $100 per month toward the VEBA Trust Account, or an equal
amount to that provided to non-union employees, whichever is greater, in
accordance with the Employer's Flexible Benefit Plan.
17.5 For the calendar year 2008, for Employees who choose dental coverage, the
Employer will contribute up to $22 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.
17.6 The Employer will provide group term life insurance with a maximum of
$25,000 per Employee and additional accidental death and disability insurance
with a maximum of $25,000 per Employee (current cost is $4.25 per month), or
an amount equal to that provided to non-union employees, whichever is greater,
in accordance with the Employer's Flexible Benefit Plan.
17.7 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 $377.00, 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 year and may not be carried into the following
year.
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17.8 The City and Union agree to continue discussions on healthcare saving
accounts related to post-employment or retirement.
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 hour on standby. Employees placed on standby shall
remain able to respond within a reasonable time. Such reasonable time, if not
otherwise specified at the time of assignment to standby, shall be one (1) hour to the
police department, assigned court location, or other location designated by the City.
Employees placed on standby shall remain available to be contacted by the Employer
by normal means to include phone or wireless communication devices. Employees
assigned to standby for court appearances shall be compensated for three (3) hours of
pay for each day or portion of a day 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 Educational Incentive
Effective July 1, 1978, the following terms and conditions are effective, except that
Employees hired after January 1, 1987, shall 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 shall 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,
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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 (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
terms of colle�e 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 qualifyin� 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 2008 & 2009 (amounts may be
rounded to two decimal points):
Start
After six months
After one year
After two years
After three years
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2008
19.61
21.13
24.11
27.11
30.14
2009
20.20
21.76
24.83
27.92
31.04
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:
Investigative (detective); School Resource Officer; Rental Housing Officer and
Drug Task Force Investigator
22.3 An Employee certified for and assigned to Field Training Officer (FTO) duties
shall receive a minimum of two (2) hours 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
municip ality.
23.2 Any Employee who is charged with a traffic 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 shall 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 shall 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
14
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 lst of each year.
After March lst, scheduled annual leave shall be on a first-come, first-served
basis.
25.3 A beginning Employee shall 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 (85th) 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 (181St) 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 year
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, shall be
converted to annual leave according to the following schedule:
a. lst 45 days @ 1 day of annual leave for 1 day of sick leave
b. 2nd 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
15
In lieu of severance pay, one hour of annual leave shall be credited for each full
month of employment up to a maximum 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 thirty (30) days (240 hours),
that amount shall be the maximum total accumulation (cap) for that Employee
at the end of any subsequent year.
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. If the City granted a 12th holiday to non-union
employees, it would apply to the patrol union as well.
26.2 In addition to the eleven holidays, Employees assigned to the Patrol Division
shall be paid at one and one-half (1- 1/2) times their base rate of pay for all hours
worked on the actual holiday between the hours of midnight and midnight. For
16
any overtime hours worked on a holiday, Employees will be paid two (2) times
their base rate of pay.
26.3 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 (21St) consecutive working day on which 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
Employee returns to work able to carry out the full duties and responsibilities of
the Employee's position or through the one hundred tenth (110th) working day
(880th regularly scheduled working hour) of absence, whichever occurs first.
Such an Employee shall also be entitled to full pay commencing on the eleventh
(llth) consecutive working day on which the Employee is absent (after absence
for eighty consecutive regularly 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 (100th) working day (800th 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 shall 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.
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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, which gives Employees an option to appeal directly to the City
Manager for additional time off if extenuating 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 shall not be accumulated in excess of thirty
six (36) 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:
a. The training course must have relevance to the Employee's present or
anticipated career 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 extended 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.
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 tuition.
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, Rental Housing Officers,
and Drug Task Force Investigators
In addition to receiving the five (5%) percent per month differential pay, Employees
assigned as Investigators, School Resource, Rental Housing Officers, and Drug Task
19
Force Investigators shall be eligible for the overtime provisions of the contract
applicable to Police Officers.
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 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 referred 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 Jan.l, 2008,
full force and effect through the thirty-first day of December,
whereof, the parties hereto have executed this Agreement on
, 2007.
I hereby recommend approval of this agreement.
FOR CITY OF FRIDLEY
Scott J. Lund, Mayor
20
(Date)
and shall remain in
2009. In witness
this day of
William W. Burns, City Manager (Date)
Deborah K. Dahl, Human Resources Director (Date)
Donovan W. Abbott, Public Safety Director (Date)
FOR LAW ENFORCEMENT LABOR SERVICES, INC.
Doug Biehn, LELS Business Agent (Date)
Jason Cardinal, Steward (Date)
Ginny Skyy, Steward (Date)
21
� AGENDA ITEM
� COUNCIL MEETING OF DECEMBER 10, 2007
�ffY �F
FRIDLEY
C�AI MS
134657 - 134785
�
�
�fTY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 10, 2007
LICENSES
Type of License Applicant Approved By:
1 Day Temporary Intoxicating Fridley Lions Club Fridley Police Department
Liquor Consumption & Display Mary S. Olson, Event Chair
Permit
� AGENDA ITEM
� CITY COUNCIL MEETING OF DECEMBER 10, 2007
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Home Valu Inc Gas Dean Ciccone Ron Julkowski, CBO
Mathe Si n& Desi n Inc Si n Erector Core Welke Ron Julkowski, CBO
S ectrum Si n S stems Inc Si n Erector Richard Ferraro Ron Julkowski, CBO
� AGENDA ITEM
� CITY COUNCIL MEETING OF DECEMBER 10, 2007
� �F ESTI MATES
FRIDLEY
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
2007-1 Street Improvement Project
EstimateNo. 9 .............................................................................................. $18,757.75
�
�
�fTY �F
FRIDLEY
i'�:
FROM.�
AGENDA ITEM
COUNCIL MEETING OF DECEMBER 10, 2007
WILLIAM W. BURNS, CITYMANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT.• PUBLIC HEARING TO CONSIDER THE ISSUANCE OF REFUNDING
REVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C, IN
ONE OR MORE SERIES FOR THE PURPOSE OF REFUNDING CERTAIN
REVENUE BONDS PREVIOUSLYISSUED BY THE CITY TO FINANCE THE
COST OF ACQUISITION, CONSTRUCTION AND EQUIPING OF A 110- UNIT
SENIOR HOUSINGDEVELOPMENT KNOWNAS BANFILL CROSSING
LOCATED AT 8310 UNIVERSITYAVENUE NORTHEST IN THE CITY OF
FRIDLEY
DATE: December 6, 2007
Attached you will find the public hearing notice that appeared in the Fridley Focus on November 22,
2007. This public hearing is required as part of the process that Banfill Crossing must go through to
refinance its 1999 bond issue.
Some time ago we were contacted by the law firm of Fagre and Benson who had asked about the
possibility of refinancing the conduit debt that was issued in 1999 for the Banfill Crossing Home
Project. Staff indicated that the City of Fridley would be agreeable in regards to a refinancing of this
previously issued debt. As you may recall, this form of debt known as a form of conduit debt does
not in any way create any liability for the city.
The organization known as Banfill Senior Housing LLC has paid $5,000 to the city to offset any and
all administrative costs.
Staff recommends that the Public Hearing be opened to determine whether there is any public
comment regarding this issue. The par amount of the new issue would be $9,740,000.
RDP/me
Attachment
(Legal Notice)
CITY OF FRIDLEY
Notice of Public Hearing
NOTICE IS HEREBY GNEN that the Fridley City Council will hold a public hearing at the
Municipal Center, 6431 University Avenue NE on Monday, December 10, 2007, at 730 p.m., to
consider the issuance of refunding revenue bonds under Minnesota Statutes, Chapter 462c, in one or
more series for the purpose of refunding certain revenue bonds previously issued by the City to finance
the cost of acquisition, construction and equipping of a 110-unit senior housing development known as
Banfill Crossing (the "Project") located at 8310 University Avenue Northeast in the City of Fridley.
The Proj ect is currently owned and operated by Banfill Crossing, Inc., a Minnesota nonprofit corporation
of which J.A. Wedum Foundation is the sole member, and is expected to be transferred to Banfill Senior
Housing, LLC, a Delaware limited liability company of which J.A. Wedum Foundation is the sole
member. The aggregate face amount of revenue bonds proposed to be issued by the City to finance the
Program is presently estimated not to exceed $10,000,000.
The revenue bonds will be issued by the City of Fridley. The revenue bonds will be limited
obligations of the issuer payable solely from the revenues pledged to the payment thereof, and will not
be a general obligation of, or be secured by the ta�ng power of the City of Fridley.
Anyone having an interest in this matter should make their interest known at this public hearing.
Hearing impaired persons planning to attend who need an interpreter or other persons with
disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500, no later than
December 3, 2007.
/s/ Debra A. Skogen, City Clerk
Published: November 22, 2007 in the Fridley Sun Focus
�
�
�fTY �F
FRIDLEY
TO:
FROM:
AGENDA ITEM
COUNCIL MEETING OF DECEMBER 10, 2007
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PR/BYL, FINANCE DIRECTOR
SUBJECT: RESOLUTION APPROVING THE ISSUANCE AND SALE OF VAR/ABLE
RATE DEMAND SENIOR HOUSING REFUNDING REVENUE BONDS,
SERIES 2007A (BANFILL CROSSING HOMES PROJEC� AND SENIOR
HOUSING REFUNDING REVENUE BONDS, SUBORDINATE SERIES
2007B (BANFILL CROSSING HOMES PROJECRT) AND AUTHORIZING
EXECUTION AND DELIVERY OF DOCUMENTS RELATED THERETO
Date: December 4, 2007
Some time ago we were contacted by the law firm of Fagre & Benson who had asked about
the possibility of refinancing the conduit debt that was done in 1999 for the Banfill Crossing
Home Project. Staff indicated that the City of Fridley would be agreeable in regards to a
refinancing of this previously issued debt. As you may recall this form of debt known as a
form of conduit debt does not in any way create any liability for the city.
The organization known as Banfill Senior Housing LLC has paid $5,000 to the city to offset
any and all administrative costs. The attached resolution will allow the newly issued debt
and will allow a refinancing of the debt that was issued in 1999 and ultimately reduce the
overall interest costs.
In this particular situation Fagre & Benson LLP has acted as the Bond Counsel and Briggs
and Morgan has acted in the capacity of Issuers Counsel.
Staff is recommending the passage of the resolution allowing Banfill Crossing to proceed
with their financing.
RDP/me
Attachment
RESOLUTION NO. 2007 -
RESOLUTION APPROVING THE ISSUANCE AND SALE OF
VARIABLE RATE DEMAND SENIOR HOUSING REFUNDING
REVENUE BONDS, SERIES 2007A (BANFILL CROSSING
HOMES PROJECT) AND SENIOR HOUSING REFUNDING
REVENUE BONDS, SUBORDINATE SERIES 2007B (BANFILL
CROSSING HOMES PROJECT) AND AUTHORIZING
EXECUTION AND DELIVERY OF DOCUMENTS RELATED
THERETO
WHEREAS, the City of Fridley, Minnesota (the "City") is authorized by Minnesota Statutes,
Chapter 462C (the "Act") to issue revenue bonds for the purpose of financing the
development of multifamily rental housing for elderly persons; and
WHEREAS, the City has previously issued its City of Fridley, Minnesota Senior Housing
Revenue Bonds (Banfill Crossing Homes Project), Series 1999 (the "Prior Bonds") pursuant
to an Indenture of Trust between the City and U.S. Bank National Association, as trustee
dated as of August 1, 1999 (the "Prior Indenture"); and loaned the proceeds of the Prior
Bonds to Banfill Crossing, Inc. (formerly Minnesota Christian Homes of Fridley, Inc.) (the
"Original Borrower") pursuant to a Loan Agreement dated as of August 1, 1999; and
WHEREAS, simultaneously with the issuance of the Prior Bonds, the City issued its City of
Fridley, Minnesota Subordinated Senior Housing Revenue Note (Banfill Crossing Homes
Project), Series 1999 (the "Prior Subordinate Note"), and loaned the proceeds of the
Subordinate Note to the Original Borrower pursuant to a Subordinate Note Loan Agreement
dated as of August 1, 1999; and
WHEREAS, the proceeds of the Prior Bonds and the Prior Subordinate Note were applied
by the Original Borrower to pay costs of acquisition, development, construction, and
equipping of a 110-unit senior housing development located in the City of Fridley and known
as Banfill Crossing (the "Project"); and
WHEREAS, J.A. Wedum Foundation, a nonprofit corporation organized under the laws of
the State of Minnesota and an organization described in Section 501(c)(3) of the Internal
Revenue Code of 1986, as amended (the "Sole Member"), is the sole member of the
Original Borrower and Banfill Senior Housing, LLC (the "Borrower"), and has determined to
transfer ownership of the Project from the Original Borrower to the Borrower; and
WHEREAS, the Borrower has requested that the City issue its refunding revenue bonds in
one or more series for the purpose of refunding the Prior Bonds and the Prior Subordinate
Note in order to reduce debt service costs to the Project; and
WHEREAS, as required by the provisions of federal tax law applicable to tax-exempt bonds,
the City has conducted a public hearing on the date hereof on the proposal to issue the
refunding revenue bonds; and
WHEREAS, the bonds shall be payable solely from amounts pledged therefor under the
Indenture hereinafter referred to, and neither the City nor the State of Minnesota nor any
political subdivision thereof shall be liable on the bonds, and the bonds shall not be a debt
of the City (except to the extent of the trust estate pledged in the Indenture) or the State of
Minnesota or any political subdivision thereof, and in any event shall not give rise to a
charge against the credit or taxing power of the City, the State of Minnesota, or any political
subdivision thereof;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley,
Minnesota as follows:
Authorization of Bonds. For the purpose of refinancing the Project and refunding the Prior
Bonds and the Prior Subordinate Note, there is hereby authorized the issuance of Variable
Rate Demand Senior Housing Refunding Revenue Bonds, Series 2007A (Banfill Crossing
Homes Project) (the "Series 2007A Bonds") and Senior Housing Refunding Revenue
Bonds, Subordinate Series 2007B (Banfill Crossing Homes Project) (the "Series 2007B
Bonds," and together with the Series 2007A Bonds, the "Bonds"). The Bonds shall be
issued in an aggregate principal amount not to exceed $10,000,000, provided that the
Series 2007A Bonds shall be issued in the maximum principal amount which is approved by
Fannie Mae, as credit enhancer for the Series 2007A Bonds, and the Series 2007B Bonds
shall be in the remaining principal amount necessary to provide sufficient net proceeds for
the purpose of the financing. The Bonds shall bear interest at such rates, shall be in such
denominations, shall be numbered, shall be dated, shall mature, shall be subject to
redemption prior to maturity, shall be in such form, and shall have such other details and
provisions as are prescribed by the respective Indenture, provided that the interest rate on
the Series 2007A Bonds shall be variable and the maximum interest rate on the Series
2007B Bonds shall not exceed 8% per annum.
Documents Presented. Forms of the following documents relating to the Bonds have been
submitted to the City and are now on file in the City's offices:
(a) the Trust Indenture for the Series 2007A Bonds, between the City and U.S.
Bank National Association, as trustee (the "Trustee) and the Subordinate Indenture of
Trust for the Series 2007B Bonds, between the City and the Trustee, as trustee for
the Series 2007B Bonds (collectively, the "Indenture");
(b) a Financing Agreement and a Subordinate Financing Agreement (collectively,
the "Financing Agreement"), each between the City, the Trustee and the Owner;
(c) an Assignment and Intercreditor Agreement among the City, the Trustee, the
Owner and Fannie Mae;
(d) an Amendment and Assumption of Regulatory Agreement, between the City,
the Trustee and the Owner;
(e) a Bond Purchase Agreement relating to the Series 2007A Bonds and a Bond
Purchase Agreement relating to the Series 2007B Bonds (collectively, the "Bond
Purchase Agreement"), between the City, the Owner, and Dougherty & Company
LLC (the "Underwriter") (the documents described in (a) through (e) above being the
"Bond Documents"); and
(f) a form of the Official Statement and the Subordinate Official Statement
(collectively, the "Official Statement"), to be completed, describing the offering of the
Bonds and certain terms and provisions of the documents recited herein.
Authorization of Documents Presented. The forms of the Bond Documents are approved,
with such additions or modifications thereto and deletions therefrom as may be approved by
the Mayor, the Finance Director or the City Manager prior to the execution and delivery
thereof, such approval to be conclusively evidenced by the execution and delivery thereof
by the appropriate officers of the City.
Execution, Sale and Delivery of Bonds. The Underwriter has agreed pursuant to the
provisions of the Bond Purchase Agreement, and subject to the conditions therein set forth,
to purchase the Bonds at the purchase price set forth in the Bond Purchase Agreement, and
said purchase price is hereby accepted. The Mayor and the City Manager are authorized to
execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for
authentication, registration and delivery to the Underwriter.
Execution and Delivery of Bond Documents. The Mayor and the City Manager are hereby
authorized to execute and deliver the Bond Documents and such other documents and
agreements as are deemed by the authorized officers, upon advice of counsel, to be
necessary and appropriate in connection with the issuance of the Bonds, in the name and
on behalf of the City, provided that the Bond Purchase Agreement may be executed by one
of such officers acting alone.
Official Statement. The City hereby consents to the completion of the Official Statement
and its circulation by the Underwriter in offering the Bonds for sale and the completion of a
final form of the Official Statement to reflect the final terms of the Bonds and the foregoing
described agreements; provided, however, that the City has not been requested to and has
not participated in the preparation of the Official Statement or reviewed or verified the
information in the Official Statement and takes no responsibility for and makes no
representations or warranties as to, the accuracy, sufficiency or completeness of such
information or the information to be included in the final form of the Official Statement (other
than information included under the heading "THE ISSUER").
Certificates, etc. The Mayor, the City Clerk, the Finance Director and the City Manager are
authorized to prepare and furnish to bond counsel and the purchaser of the Bonds, when
issued, certified copies of all proceedings and records of the City relating to the Bonds, and
such other affidavits and certificates as may be required to show the facts appearing from
the books and records in the officers' custody and control or as otherwise known to them;
and all such certified copies, certificates and affidavits, including any heretofore furnished,
shall constitute representations of the City as to the truth of all statements contained therein.
Nature of City's Obliqations. No covenant, stipulation, obligation, representation, or
agreement herein contained or contained in the Bonds or the Bond Documents shall be
deemed to be a covenant, stipulation, obligation, representation, or agreement of any
Council member, officer, agent, or employee of the City in that person's individual capacity,
and neither the Council nor any officer or employee executing the Bonds or such documents
shall be liable personally on the Bonds or be subject to any representation, personal liability
or accountability by reason of the issuance thereof. No provision, representation, covenant
or agreement contained in the Bonds or in any other document related to the Bonds, and no
obligation therein or herein imposed upon the City or the breach thereof, shall constitute or
give rise to a general or moral obligation of the City or any charge upon its general credit or
taxing powers. In making the agreements, provisions, covenants and representations set
forth in the Bonds or in any other document related to the Bonds, the City has not obligated
itself to pay or remit any funds or revenues, other than the Trust Estate described in the
Indenture.
Payment of Costs. All costs incurred by the City in connection with the issuance, sale and
delivery of the Bonds and the execution and delivery of the documents referred to above or
any other agreement or instrument relative to the Bonds, whether or not actually issued or
delivered, such as costs of publication of legal notices, have been agreed by the Owner to
be paid by the Owner or reimbursed by the Owner to the City.
Authorized Officers. The Bonds, the Bond Documents and any other documents referred to
herein are authorized to be executed on behalf of the City by its Mayor, the City Clerk, the
Finance Director and City Manager; provided that in the event any of the officers of the City
authorized to execute documents on behalf of the City under this Final Resolution shall
have resigned or shall for any reason be unable to do so, the deputy or acting Mayor, City
Clerk, Finance Director or City Manager, is hereby directed and authorized to do so on
behalf of the City, with the same effect as if executed by any officer specifically authorized to
do so in the Indenture or this Final Resolution.
Appointment of Trustee. The Trustee is hereby appointed as Trustee, Paying Agent and
Bond Registrar for the Bonds.
Future Amendments. The authority to approve, execute and deliver future amendments to
financing documents entered into by the City in connection with the issuance of the Bonds
and consents required under the financing documents is hereby delegated to the City
Manager and Finance Director, subject to the following conditions: (a) such amendments or
consents do not materially adversely affect the interests of the City; (b) such amendments or
consents do not contravene or violate any policy of the City, and (c) such amendments or
consents are acceptable in form and substance to the counsel retained by the City to review
such amendments. The authorization hereby given shall be further construed as
authorization for the execution and delivery of such certificates and related items as may be
required to demonstrate compliance with the agreements being amended and the terms of
this Resolution. The execution of any instrument by the City Manager and the Finance
Director shall be conclusive evidence of the approval of such instruments in accordance
with the terms hereof. In the absence of the City Manager or Finance Director, any
instrument authorized by this paragraph to be executed and delivered may be executed by
the officer of the City authorized to act in their place and stead.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10T"
DAY OF DECEMBER, 2007.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLER
�
�
�ffY �F
FRIDLEY
T0:
FROM:
DATE:
RE:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 10, 2007
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Craig A. Ellestad, Accountant
November 29, 2007
Resolution Certifying the Final Tax Levy for 2008
to the County of Anoka
In conformance with Minnesota Statutes, Chapter 275.07, Subd. 1, attached is a resolution
certifying the final tax levy requirements to Anoka County.
Chapter 275.07, Subd. 1, also requires the City to certify its final tax levy requirements to the
County Auditor within 5 working days after December 20.
The final tax levy for 2008 is $9,527,433 compared to $9,200,426 for 2007.
The make-up of this is:
$9,200,426 Certified to County for 2007
147,207 1.6% Inflation Amount
9_347_633 2008 Proposed Tax Levy
179,800 2007A Street G.O. Bond Levy
9_527_433 Tota12008 Levy
We request the City Council pass the attached resolution to certify the final tax levy.
Remember that this resolution must be adopted prior to adopting the final budget.
RDP/ce
Attachment
RESOLUTION NO. 2007 -
A RESOLUTION CERTIFYING FINAL TAX LEVY
REQUIREMENTS FOR 2008 TO THE COUNTY OF ANOKA
WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City
the power to raise money by taxation pursuant to the laws of the State of Minnesota; and
WHEREAS, Minnesota Statute Chapter 275.07, subd. 1 requires the City to certify its final tax
levy requirements to the County on or before five working days after December 20 in each year; and
NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County of Anoka,
State of Minnesota, the following final tax levy to be levied in 2007 for the year 2008:
GENERAL FUND
General Fund
CAPITAL PROJECT FUND
Capital Improvement Fund - Parks Division
AGENCY FUND
Six Cities Watershed Management Organization
MARKET VALUE BASED REFERENDUM LEVY
Springbrook Nature Center
BONDEDINDEBTEDNESS
2005A GO Improvement Bonds (Streets 2005)
2006A GO Improvement Bonds (Streets 2006)
2007A GO Improvement Bonds (Streets 2007)
TOTAL ALL FUNDS
$ 8,571,572
104,600
6,200
$ 295,200
170,061
200,000
179,800
$ 9,527,433
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10th DAY
OF DECEMBER, 2007.
ATTEST:
SCOTT J. LUND - MAYOR
DEBRA A. SKOGEN - CITY CLERK 11/2/07
2008Budget\Resolutions\07 Final Res Certifying Levy & Memo For 08 To CTY
�
�
�ffY �F
FRIDLEY
T0:
FROM:
DATE:
RE:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 3, 2007
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Craig A. Ellestad, Accountant
November 29, 2007
Resolution Adopting a Final Budget for the
Fiscal Year 2008
In conformance with Chapter 275.065, Subd. 6, of the Minnesota Statutes, attached is the
2008 final budget.
Chapter 275.07, Subd. 1, requires the City to certify a final budget to Anoka County five
working days after December 20 each year.
We request the City Council pass the attached resolution and adopt the 2008 final budget.
Remember that the levy resolution must be adopted prior to adopting the budget.
RDP/ce
Attachment
RESOLUTION NO. 2007 -
A RESOLUTION ADOPTING THE FINAL BUDGET
FOR THE FISCAL YEAR 2008
WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an
annual budget; and
WHEREAS, the City Manager has prepared such document and the City Council has met several times
for the purpose of discussing the budget; and
WHEREAS, Chapter 275.065, subd. 6 of Minnesota Statutes requires that the City shall hold a public
hearing to adopt its final budget; and
WHEREAS, the City Council has held a public hearing and has concluded the budget as prepared is
appropriate;
NOW THEREFORE, BE IT RESOLVED that the following final budget be adopted and approved:
GENERALFUND
Taxes
Current Ad Valorem
Deliquent, Penalties,
Forfeited
Licenses and Permits
Licenses
Permits
Intergovernmental:
Federal
State: Local Government Aid
All Other
Charges for Services:
General Government
Public Safety
Public Works
Community Development
Recreation
Fines and Forfeits
Special Assessments
Interest on Investments
Miscellaneous Revenues
Other Financing Sources:
Sales of General Fixed Assets
Liquor Fund
Closed Debt Service Fund
TOTAL REVENUES AND OTHER
FINANCING SOURCES
Fund Balance:
General Fund Reserve
ESTIMATED
REVENUE
$ 8,571,572
53,500
194,500
461,150
7,000
722,306
619,282
995,330
217,600
49,500
20,000
240,000
200,000
8,000
197,000
190,500
0
500,000
250,000
13,497,240
861,453
TOTAL GENERAL FUND $ 14,358,693
Legislative:
City Council
City Management:
General Management
Human Resources
Legal
Finance:
Elections
Accounting
Assessing
MIS
City Clerk/Records
Police:
Police
Emergency Management
Fire:
Fire
Rental Inspections
Public Works:
Municipal Center
Engineering
Lighting
Park Maintenance
Street Maintenance
Garage
Recreation:
Recreation
Community Development
Building Inspection
Planning
Reserve:
Emergency
Nondepartmental:
APPROPRIATIONS
$ 118,572
283,706
200,676
408,920
42, 559
728,078
192,706
282,944
156,196
4,995,303
22, 937
1,255,538
144,484
286,079
549,352
264,550
1,028,915
1,025,818
445,316
918,957
365,963
462,949
100,000
78,175
$ 14,358,693
SPECIAL REVENUE FUNDS
Cable TV Fund
Grant Management Fund
Solid Waste Abatement Fund
Springbrook NC Fund
Fund Balance
TOTAL SPECIAL REVENUE FUNDS
CAPITAL PROJECTS FUND
Capital Improvement Fund
General Capital Improvement
Streets Capital Improvement
Parks Capital Improvement
Fund Balance
TOTAL CAPITAL PROJECTS FUND
$ 257,800
92, 034
473,908
374,700
(105,676)
$ 1,092,766
$ 12,431
3,419,150
174,650
122,469
$ 3,728,700
Cable TV Fund
Grant Management Fund
Solid Waste Abatement Fund
Springbrook NC Fund
Fund Balance
General Capital Improvement
Streets Capital Improvement
Parks Capital Improvement
$ 153,201
92, 034
473,908
373,623
$ 1,092,766
$ 40,700
3,476,000
212,000
$ 3,728,700
AGENCYFUND
Six Cities Watershed Fund
Taxes-Current Ad Valorem 6,200 Six Cities Watershed 6,200
TOTAL AGENCY FUND $ 6,200 $ 6,200
TOTALALLFUNDS $ 19,186,359 $ 19,186,359
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10th DAY OF DECEMBER 2007.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK 11/2/07
2008Budget\Resolutions\07 Final Res For City & Memo for OS
SCOTT J. LUND - MAYOR
�
�
�fTY �F
FRIDLEY
TO:
FROM:
AGENDA ITEM
COUNCIL MEETING OF DECEMBER 10, 2007
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PR/BYL, FINANCE DIRECTOR
SUBJECT: RESOLUTION APPROVING THE ISSUANCE AND SALE OF VAR/ABLE
RATE DEMAND SENIOR HOUSING REFUNDING REVENUE BONDS,
SERIES 2007A (BANFILL CROSSING HOMES PROJEC� AND SENIOR
HOUSING REFUNDING REVENUE BONDS, SUBORDINATE SERIES
2007B (BANFILL CROSSING HOMES PROJECRT) AND AUTHORIZING
EXECUTION AND DELIVERY OF DOCUMENTS RELATED THERETO
Date: December 4, 2007
Some time ago we were contacted by the law firm of Fagre & Benson who had asked about
the possibility of refinancing the conduit debt that was done in 1999 for the Banfill Crossing
Home Project. Staff indicated that the City of Fridley would be agreeable in regards to a
refinancing of this previously issued debt. As you may recall this form of debt known as a
form of conduit debt does not in any way create any liability for the city.
The organization known as Banfill Senior Housing LLC has paid $5,000 to the city to offset
any and all administrative costs. The attached resolution will allow the newly issued debt
and will allow a refinancing of the debt that was issued in 1999 and ultimately reduce the
overall interest costs.
In this particular situation Fagre & Benson LLP has acted as the Bond Counsel and Briggs
and Morgan has acted in the capacity of Issuers Counsel.
Staff is recommending the passage of the resolution allowing Banfill Crossing to proceed
with their financing.
RDP/me
Attachment
RESOLUTION NO. 2007 -
RESOLUTION APPROVING THE ISSUANCE AND SALE OF
VARIABLE RATE DEMAND SENIOR HOUSING REFUNDING
REVENUE BONDS, SERIES 2007A (BANFILL CROSSING
HOMES PROJECT) AND SENIOR HOUSING REFUNDING
REVENUE BONDS, SUBORDINATE SERIES 2007B (BANFILL
CROSSING HOMES PROJECT) AND AUTHORIZING
EXECUTION AND DELIVERY OF DOCUMENTS RELATED
THERETO
WHEREAS, the City of Fridley, Minnesota (the "City") is authorized by Minnesota Statutes,
Chapter 462C (the "Act") to issue revenue bonds for the purpose of financing the
development of multifamily rental housing for elderly persons; and
WHEREAS, the City has previously issued its City of Fridley, Minnesota Senior Housing
Revenue Bonds (Banfill Crossing Homes Project), Series 1999 (the "Prior Bonds") pursuant
to an Indenture of Trust between the City and U.S. Bank National Association, as trustee
dated as of August 1, 1999 (the "Prior Indenture"); and loaned the proceeds of the Prior
Bonds to Banfill Crossing, Inc. (formerly Minnesota Christian Homes of Fridley, Inc.) (the
"Original Borrower") pursuant to a Loan Agreement dated as of August 1, 1999; and
WHEREAS, simultaneously with the issuance of the Prior Bonds, the City issued its City of
Fridley, Minnesota Subordinated Senior Housing Revenue Note (Banfill Crossing Homes
Project), Series 1999 (the "Prior Subordinate Note"), and loaned the proceeds of the
Subordinate Note to the Original Borrower pursuant to a Subordinate Note Loan Agreement
dated as of August 1, 1999; and
WHEREAS, the proceeds of the Prior Bonds and the Prior Subordinate Note were applied
by the Original Borrower to pay costs of acquisition, development, construction, and
equipping of a 110-unit senior housing development located in the City of Fridley and known
as Banfill Crossing (the "Project"); and
WHEREAS, J.A. Wedum Foundation, a nonprofit corporation organized under the laws of
the State of Minnesota and an organization described in Section 501(c)(3) of the Internal
Revenue Code of 1986, as amended (the "Sole Member"), is the sole member of the
Original Borrower and Banfill Senior Housing, LLC (the "Borrower"), and has determined to
transfer ownership of the Project from the Original Borrower to the Borrower; and
WHEREAS, the Borrower has requested that the City issue its refunding revenue bonds in
one or more series for the purpose of refunding the Prior Bonds and the Prior Subordinate
Note in order to reduce debt service costs to the Project; and
WHEREAS, as required by the provisions of federal tax law applicable to tax-exempt bonds,
the City has conducted a public hearing on the date hereof on the proposal to issue the
refunding revenue bonds; and
WHEREAS, the bonds shall be payable solely from amounts pledged therefor under the
Indenture hereinafter referred to, and neither the City nor the State of Minnesota nor any
political subdivision thereof shall be liable on the bonds, and the bonds shall not be a debt
of the City (except to the extent of the trust estate pledged in the Indenture) or the State of
Minnesota or any political subdivision thereof, and in any event shall not give rise to a
charge against the credit or taxing power of the City, the State of Minnesota, or any political
subdivision thereof;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley,
Minnesota as follows:
Authorization of Bonds. For the purpose of refinancing the Project and refunding the Prior
Bonds and the Prior Subordinate Note, there is hereby authorized the issuance of Variable
Rate Demand Senior Housing Refunding Revenue Bonds, Series 2007A (Banfill Crossing
Homes Project) (the "Series 2007A Bonds") and Senior Housing Refunding Revenue
Bonds, Subordinate Series 2007B (Banfill Crossing Homes Project) (the "Series 2007B
Bonds," and together with the Series 2007A Bonds, the "Bonds"). The Bonds shall be
issued in an aggregate principal amount not to exceed $10,000,000, provided that the
Series 2007A Bonds shall be issued in the maximum principal amount which is approved by
Fannie Mae, as credit enhancer for the Series 2007A Bonds, and the Series 2007B Bonds
shall be in the remaining principal amount necessary to provide sufficient net proceeds for
the purpose of the financing. The Bonds shall bear interest at such rates, shall be in such
denominations, shall be numbered, shall be dated, shall mature, shall be subject to
redemption prior to maturity, shall be in such form, and shall have such other details and
provisions as are prescribed by the respective Indenture, provided that the interest rate on
the Series 2007A Bonds shall be variable and the maximum interest rate on the Series
2007B Bonds shall not exceed 8% per annum.
Documents Presented. Forms of the following documents relating to the Bonds have been
submitted to the City and are now on file in the City's offices:
(a) the Trust Indenture for the Series 2007A Bonds, between the City and U.S.
Bank National Association, as trustee (the "Trustee) and the Subordinate Indenture of
Trust for the Series 2007B Bonds, between the City and the Trustee, as trustee for
the Series 2007B Bonds (collectively, the "Indenture");
(b) a Financing Agreement and a Subordinate Financing Agreement (collectively,
the "Financing Agreement"), each between the City, the Trustee and the Owner;
(c) an Assignment and Intercreditor Agreement among the City, the Trustee, the
Owner and Fannie Mae;
(d) an Amendment and Assumption of Regulatory Agreement, between the City,
the Trustee and the Owner;
(e) a Bond Purchase Agreement relating to the Series 2007A Bonds and a Bond
Purchase Agreement relating to the Series 2007B Bonds (collectively, the "Bond
Purchase Agreement"), between the City, the Owner, and Dougherty & Company
LLC (the "Underwriter") (the documents described in (a) through (e) above being the
"Bond Documents"); and
(f) a form of the Official Statement and the Subordinate Official Statement
(collectively, the "Official Statement"), to be completed, describing the offering of the
Bonds and certain terms and provisions of the documents recited herein.
Authorization of Documents Presented. The forms of the Bond Documents are approved,
with such additions or modifications thereto and deletions therefrom as may be approved by
the Mayor, the Finance Director or the City Manager prior to the execution and delivery
thereof, such approval to be conclusively evidenced by the execution and delivery thereof
by the appropriate officers of the City.
Execution, Sale and Delivery of Bonds. The Underwriter has agreed pursuant to the
provisions of the Bond Purchase Agreement, and subject to the conditions therein set forth,
to purchase the Bonds at the purchase price set forth in the Bond Purchase Agreement, and
said purchase price is hereby accepted. The Mayor and the City Manager are authorized to
execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for
authentication, registration and delivery to the Underwriter.
Execution and Delivery of Bond Documents. The Mayor and the City Manager are hereby
authorized to execute and deliver the Bond Documents and such other documents and
agreements as are deemed by the authorized officers, upon advice of counsel, to be
necessary and appropriate in connection with the issuance of the Bonds, in the name and
on behalf of the City, provided that the Bond Purchase Agreement may be executed by one
of such officers acting alone.
Official Statement. The City hereby consents to the completion of the Official Statement
and its circulation by the Underwriter in offering the Bonds for sale and the completion of a
final form of the Official Statement to reflect the final terms of the Bonds and the foregoing
described agreements; provided, however, that the City has not been requested to and has
not participated in the preparation of the Official Statement or reviewed or verified the
information in the Official Statement and takes no responsibility for and makes no
representations or warranties as to, the accuracy, sufficiency or completeness of such
information or the information to be included in the final form of the Official Statement (other
than information included under the heading "THE ISSUER").
Certificates, etc. The Mayor, the City Clerk, the Finance Director and the City Manager are
authorized to prepare and furnish to bond counsel and the purchaser of the Bonds, when
issued, certified copies of all proceedings and records of the City relating to the Bonds, and
such other affidavits and certificates as may be required to show the facts appearing from
the books and records in the officers' custody and control or as otherwise known to them;
and all such certified copies, certificates and affidavits, including any heretofore furnished,
shall constitute representations of the City as to the truth of all statements contained therein.
Nature of City's Obliqations. No covenant, stipulation, obligation, representation, or
agreement herein contained or contained in the Bonds or the Bond Documents shall be
deemed to be a covenant, stipulation, obligation, representation, or agreement of any
Council member, officer, agent, or employee of the City in that person's individual capacity,
and neither the Council nor any officer or employee executing the Bonds or such documents
shall be liable personally on the Bonds or be subject to any representation, personal liability
or accountability by reason of the issuance thereof. No provision, representation, covenant
or agreement contained in the Bonds or in any other document related to the Bonds, and no
obligation therein or herein imposed upon the City or the breach thereof, shall constitute or
give rise to a general or moral obligation of the City or any charge upon its general credit or
taxing powers. In making the agreements, provisions, covenants and representations set
forth in the Bonds or in any other document related to the Bonds, the City has not obligated
itself to pay or remit any funds or revenues, other than the Trust Estate described in the
Indenture.
Payment of Costs. All costs incurred by the City in connection with the issuance, sale and
delivery of the Bonds and the execution and delivery of the documents referred to above or
any other agreement or instrument relative to the Bonds, whether or not actually issued or
delivered, such as costs of publication of legal notices, have been agreed by the Owner to
be paid by the Owner or reimbursed by the Owner to the City.
Authorized Officers. The Bonds, the Bond Documents and any other documents referred to
herein are authorized to be executed on behalf of the City by its Mayor, the City Clerk, the
Finance Director and City Manager; provided that in the event any of the officers of the City
authorized to execute documents on behalf of the City under this Final Resolution shall
have resigned or shall for any reason be unable to do so, the deputy or acting Mayor, City
Clerk, Finance Director or City Manager, is hereby directed and authorized to do so on
behalf of the City, with the same effect as if executed by any officer specifically authorized to
do so in the Indenture or this Final Resolution.
Appointment of Trustee. The Trustee is hereby appointed as Trustee, Paying Agent and
Bond Registrar for the Bonds.
Future Amendments. The authority to approve, execute and deliver future amendments to
financing documents entered into by the City in connection with the issuance of the Bonds
and consents required under the financing documents is hereby delegated to the City
Manager and Finance Director, subject to the following conditions: (a) such amendments or
consents do not materially adversely affect the interests of the City; (b) such amendments or
consents do not contravene or violate any policy of the City, and (c) such amendments or
consents are acceptable in form and substance to the counsel retained by the City to review
such amendments. The authorization hereby given shall be further construed as
authorization for the execution and delivery of such certificates and related items as may be
required to demonstrate compliance with the agreements being amended and the terms of
this Resolution. The execution of any instrument by the City Manager and the Finance
Director shall be conclusive evidence of the approval of such instruments in accordance
with the terms hereof. In the absence of the City Manager or Finance Director, any
instrument authorized by this paragraph to be executed and delivered may be executed by
the officer of the City authorized to act in their place and stead.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10T"
DAY OF DECEMBER, 2007.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLER
� AGENDA ITEM
� CITY COUNCIL MEETING OF DECEMBER 10, 2007
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS