HomeMy WebLinkAboutCCAgenda_05Jun22CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
June 22, 2005
A. CALL TO ORDER: 7:00 PM
B. ROLL CALL: GEHRZ KUETTEL LAMB
LINDSTROM TALBOT
WORTHINGTON SHEA KODLUBOY
ATTORNEY ENGINEER
C. COMMUNITY FORUM:
D. PRESENTATIONS:
•
~~-g E. APPROVAL OF MINUTES: June 8, 2005
F. PUBLIC HEARINGS: None Scheduled
G. CONSENT AGENDA:
C~_ 1~ 1. General Disbursements through June 16, 2005:
Payroll (6/01/05 - 6/15/05)
TAB 1
$ 102,827.24
$ 14,966.49 TAB 2
H. POLICY AGENDA:
~~--o~ ~- 1. Consideration of contract with E-Z Recycling TAB 3
o~~ 3 O 2. Consideration of construction contract with the City of Roseville TAB 4
3. Consideration of mid-year salary adjustment for the position of City
`~~-3~J Administrator TAB 5
4. Request for approval of revisions to the Employment Agreement for the City
3~ ~ Administrator TAB 6
5. Consideration of Guidelines for meetings of the City Council and Planning
~L--~q Commission TAB 7
I. REPORTS FROM COUNCIL MEMBERS:
J. INFORMATION AND ANNOUNCEMENTS:
K. ADJOURNMENT
• CITY OF FALCON HEIGHTS
MINUTES
June 8, 2005
Mayor Gehrz convened the regular City Council meeting at 7:00 PM.
PRESENT: Mayor Sue Gehrz, Council members Laura Kuettel, Robert Lamb,
Peter Lindstrom and Richard Talbot
Also present: City Administrator Heather Worthington, Bond Counsel
Trudy Halla, Briggs and Morgan; Financial Consultant Brian Nelson,
Oppenheimer Wolff and Donnelly; Fire Chief Clem Kurhajetz, Second Assistant
Fire Chief Mark Allen and Mary Shea Kodluboy, Deputy Clerk
COMMUNITY FORUM: There was no commentary from the audience.
PRESENTATIONS: None Scheduled
APPROVAL OF MINUTES: Kuettel moved that the following corrections be made
under Presentations on page one, first paragraph: Line two, for girls 15-18 years of age;
Line six, grades 6-12; Line six, fitness and media influence on youn~ women. The motion was
unanimously approved.
PUBLIC HEARINGS:
Public hearing on a housing program and the issuance of multifamily housing revenue bonds to
finance a housma program under Minnesota Statutes Chapter 462C
Mayor Gehrz said the public hearing this evening is about a housing program and the issuance
of multifamily housing revenue bonds to finance a housing program under Minnesota Statutes,
Chapter 462C. This is complicated because the Council will not be talking about housing in
Falcon Heights but will be talking about a joint powers agreement between the cities of Falcon
Heights and Hutchinson. She described the public hearing protocol that would be followed.
Administrator Worthington said that at its February workshop, the Council discussed the issue of
conduit bonding as an alternate revenue source for Falcon Heights. The City has the authority to
conduit issue up to $10 million in bank-qualified, tax-exempt 501(c)3 bonds each year. The City
lends its authority to a qualified non-profit, tax-exempt entity, and can take an administrative fee
in return for lending this authority. Maplewood Senior Housing has agreed to a fee of $25,000,
or slightly less than .5% of the total issue of $5,500,000. There is no financial risk or repayment
liability to the City and this conduit bonding does not affect the City's bond rating. The City of
Hutchinson, Minnesota, is asking Falcon Heights to utilize its conduit bonding authority in order
to help with the issuance of housing bonds for Maplewood Senior Housing, Inc., a Minnesota
non-profit corporation and tax-exempt 501(c)3 organization.
• FALCON HEIGHTS CITY COUNCIL MINUTES _2_
June 8, 2005
Public hearing on a housing program and the issuance of multifamily housing revenue bonds
to finance a housing program under Minnesota Statutes Chapter 462C (continued)
Administrator Worthington said the bonds will be utilized to construct a 50-unit independent
senior housing facility, The Pines of Hutchinson, LLC, located on a 2.53 acre project site at
1015 Century Avenue SW in Hutchinson. The City of Hutchinson has agreed to lend host
approval to this transaction, due to their inability to act as a conduit for these bonds because they
are near their bank-qualified limit for 2005.
She introduced Ms. Trudy Halla, Bond Counsel with Briggs and Morgan, and Mr. Brian Nelson,
Financial Consultant with Oppenheimer Wolff and Donnelly, and said they were in attendance
to answer any questions that might arise.
Council member Lamb said the City Council has been over this several times and has talked
about it in work sessions. But, for clarification, and primarily for the benefit of the viewing
audience, what is the absolute worst case scenario and what are the potential liabilities for the
City of Falcon Heights? Attorney Halla said the absolute worst case scenario is when the bonds
are issued, the project is started, goes bankrupt, and the borrower is not able to pay the bonds
• back. There is a mortgage component here, between the borrower and the trustee. The trustee
would institute mortgage foreclosure proceedings. Pursuant to Statute 462C and pursuant to the
documents, they have no ability to come back to the City for anything so they would just
commence a foreclosure action, just as you would with a regular bank loan or a housing loan.
They would foreclose on the project, find someone else to buy it and use the money to pay off
the bonds. In response to a comment from Council member Lamb that in the worst case scenario
Falcon Heights would have no liability, Attorney Halla said there is another worst case scenario
that is starting to occur. The IRS is starting to do random audits of these types of financings.
This one would probably be below the radar screen because it is small. But, if they were to audit
this transaction, they would look to the City as the issuer of the bonds and the City would pass it
on to the borrower. The City would know about it, but is totally indemnified against all of those
actions and the borrower would have to pick up any legal fees and costs associated with that. So,
there are two worst case scenarios: One is if the project goes bad and the other is if there is a
random audit of the bonds.
Council member Lamb asked what the benefits are. Attorney Halla said that one is the
administrative fee, which is a revenue source the City didn't have before. Second, the City is
helping out another community. Although it isn't a neighboring city, Hutchinson should have
good feelings towards Falcon Heights. Third, the name may not be familiar, Maplewood Senior
Housing, but the actual entity standing behind these bonds and the manager of the project will be
Ecumen, the Board of Social Ministry. They have facilities near Falcon Heights. They have been
a good citizen doing good projects. Council member Lamb asked if the revenue in this particular
• case will be $25,000 that the City will realize. Attorney Halla said yes.
FALCON HEIGHTS CITY COUNCIL MINUTES
• June 8, 2005
-3-
Public hearing on a housing program and the issuance of multifamily housing revenue bonds
to finance a housm~ program under Minnesota Statutes Chapter 462C (continued)
Council member Lindstrom asked if the cost of audits is included in the contract-that these
costs are passed on. Attorney Halla said the indemnification will specifically mention that they
are responsible for all legal costs, not only should anything come up with the project, but
specifically for a tax audit.
Mayor Gehrz said she had two questions. One goes back to the very basic principle of the ability
of cities to utilize their lending authority for non-profit or tax exempt entities, and this is
governed by the Federal IRS. Attorney Halla said there are actually two provisions. One is a
State provision, 462C, which permits the City to issue bonds, and Internal Revenue Code,
Section 103, and some other sections that say that the interest on those bonds is tax exempt. So
it is a blending of State authority and Federal tax exemption. If there were no Federal tax
exemption, people probably wouldn't be asking the City to do this. The City has issued general
obligation debt before for City purposes, but the way a conduit transaction is set up the City's
name will be on the bonds. The City issues the bonds pursuant to a trust indenture with, in this
case, Wells Fargo Bank. Oppenheimer will buy those bonds. The money will be loaned,
pursuant to a loan agreement between the City and the borrower to acquire the project, The Pines
of Hutchinson. In that loan agreement the borrower will agree to pay everything that the City
appears to be obligated to pay on the bonds and they will pay it directly to Wells Fargo. Wells
Fargo will turn around and give the money to the bond holders. Once the bonds are issued, the
City is totally out. The City will need to sign a raft of documents in connection with this but
after that the payment stream runs from the borrower to Wells Fargo Bank. Mayor Gehrz said
that in compensation for doing this and dealing with the raft of documents that will involve
mostly the City Administrator and her, the City gets $25,000 at the time these papers are signed
and the bonds are issued. Attorney Hallas said it is not unusual for cities to charge fees. The
Port Authority of Saint Paul and Minneapolis charges a half percent to 1 % the first year and then
a percent during the following years. A lot of cities have discovered that this is an important
source of revenue. In this case, without the City of Falcon Heights stepping in or someone like
Falcon Heights, Hutchinson probably would not have done the deal and the borrower would not
have gotten tax exempt financing. It is a just compensation for what is happening.
Mayor Gehrz said the City auditors attended the May 25 Council meeting and were asked where
the $25,000 would show up on the financial report. They provided that information and it was to
the City Council's satisfaction.
Council member Talbot said that Hutchinson has a $10 million limit. He asked if they have
exceeded it with this bond issue. Attorney Halla said they have not exceeded it but if they were
to do this particular bond issue they would exceed it by about $5 million.
FALCON HEIGHTS CITY COUNCIL MINUTES
• June 8, 2005
-4-
Public hearin on a housin ro ram and the issuance of multifamil housin revenue bonds
to finance a housing program under Minnesota Statutes Chapter 462C (continued)
Council member Talbot asked if the amount that Falcon Heights co-writes is subtracted from
Falcon Height's limit. Attorney Hallas said yes. If the City were going to do anything else this
year and another non-profit 501(c) 3 group asked you to do the same thing, you would have
to watch it so the City stays within the $10 million limit.
Mayor Gehrz said the City could go as high as $4.5 more this year.
Council member Talbot asked what happens if the City does and all the sewers collapse at once.
The City won't be able to issue its own bonds in the amount of $10 million. Attorney Hallas said
the City would be able to issue them but would not be able to be bank qualified, which would
give the City a lower interest rate. The City would not be stopped from issuing bonds, it would
be the rate difference.
Council member Lamb asked about the timeline. Attorney Halla said that Hutchinson has
already approved this and wants to close as soon as possible. They had to hold a public hearing
also because the building is located there. The building is slated to be completed around the
fifteenth.
The Public Hearing was opened to the audience for commentary.
Mr. Thomas Lageson, 1740 Pascal, said he attended the workshop in February when the Council
talked about this. The lawyer who was in attendance at that time talked about a typical 1 % fee.
Little Canada received a 1% fee for a project they did for Saint Paul. A search of the web
showed that Wyoming received half a percent upfront, half a percent at the conclusion, and a
tenth of a percent yearly fee. Another one that he saw also had a fee built in so that if a non-
profit organization came in and would exceed the $10 million threshold, the host City would pay
the fee. Why is the City only getting $25,000? You're talking about less than half a percent.
Who represented the City in getting the fee? It seems awfully low. He doesn't want to sound
greedy, but this isn't something the City does every day and it seems like some money is being
left on the table. He thinks that for what the City is doing here, the City should be eligible to
receive the full 1 %. If you think about it, the name on the bonds is the City of Falcon Heights
and if those bonds should default, which probably is not very likely in this case, Grandma and
Grandpa are going to say, even though Ecumen failed on the bonds, that the City of Falcon
Heights failed. There is some risk there. Why are we accepting such a low fee? Who negotiated
the fee for the City?
Mayor Gehrz said this is the City's first time doing this and she expects the City will be doing
more of this in the future. The City Administrator represented the City in these negotiations, as
• she does as a part of her job. She asked about the basis for the half percent fee.
4
• FALCON HEIGHTS CITY COUNCIL MINUTES
June 8, 2005
-5-
Public hearing on a housing program and the issuance of multifamily housing revenue bonds
to finance a housing_pro~ram under Minnesota Statutes Chapter 462C (continued)
Administrator Worthington said that is what was offered and since this was the City's first time
doing this, she thought it was better to have a bird in the hand than two in the bush. It was better
to have $25,000 than nothing at all. The City agreed to a half percent fee, which significantly
undercuts other cities and ultimately gives Falcon Heights business. There is a niche market for
a city like Falcon Heights to come into this particular area of alternate revenue sources, and if
Falcon Heights asks for a lower fee than other conduit bonding agencies in the area the City can
pick up business that they might not be otherwise interested in.
Attorney Hallas said she mentioned there are cities that charge large fees. There are also many
other cities that charge no fees. This same entity, Ecumen, is going to construct a facility in
North Branch and that City has no fee.
Mr. Lageson asked if there is any kind of a yearly fee associated with this. Where will this show
up on the financial statements? Mayor Gehrz said it will show up as a note on the financial
statements. It doesn't affect the City's bond rating. It doesn't show up as a liability. There is no
annual fee. Administrator Worthington said an annual fee would represent additional
administrative work on the part of City staff, so Falcon Heights decided to take a lump fee
upfront rather than take some kind of ongoing administrative fee. There are entities out there
that have a lot more staff and they can go ahead and process fees on a yearly basis over the
length of a loan or a bond. Since Falcon Heights has such a small staff it made sense to take
everything upfront rather than on an ongoing basis.
Mr. Lageson said the $10 million is a yearly amount, so January 1 another one could come
in that might happen to be a Falcon Heights development. This isn't hitting us for the next thirty
years? Mayor Gehrz said the City has this opportunity every year beginning January 1. The City
will be looking for these opportunities actively.
Attorney Hallas said that around October, November and sometimes December there may be
people looking for issuers for bank qualified bonds. If the City doesn't issue anything else this
year and still has $4.5 million left, people may come knocking on your door again.
Council member Lamb said the City would like to get out of the passive waiting for people to
knock on the door and get more into the active promotion of this because it is a revenue stream
that carries no liabilities. For Falcon Heights, $50,000 to $100,000 is potentially a heck of a lot
of money. He asked Attorney Hallas how the City might more actively pursue these
opportunities. Attorney Hallas said that obviously the first would be if someone is coming into
your city. The other is to work through your bond counsel and City financial advisors. Put the
word out that you would be interested in doing this again.
V
k
FALCON HEIGHTS CITY COUNCIL MINUTES
• June 8, 2005
-6-
Public hearing on a housing program and the issuance of multifamily housing revenue bonds
to finance a housma program under Minnesota Statutes Chanter 462C (continued)
Mr. Bryan Olson, 1592 Roselawn, asked if the $25,000 will be going on the books as general
revenue. Will it be earmarked for anything? Mayor Gehrz said it will be general revenue and is
not earmarked.
There was no further commentary from the audience and the Public Hearing was closed.
RESOLUTION 2005-07
Kuettel moved adoption of Resolution 2005-07 providing for the issuance of up to $5,500,000
senior housing revenue bonds, Pines of Hutchinson, LLC Project, Series 2005A and 2005B, and
approval of the joint powers agreement for same. The motion was unanimously approved.
CONSENT AGENDA:
Talbot moved approval of the Consent Agenda, as outlined below. The motion was unanimously
approved.
1. General Disbursements through June 2, 2005: $ 35,544.15
Payroll (5/15/OS - 5/30/05) $ 14,908.67
2. Appointment of Beth Mercer-Taylor, 2231 Folwell Avenue, to the
Planning Commission to replace Ann Ziebarth, who is retiring from the Commission
3. Appointment of firefighters, subject to satisfactory completion of employment
physicals and background checks: Chris Leske, Abraham Kozemi and Abraham Kao
POLICY AGENDA:
Consideration of Resolution 2005-08 approving the bid for one triple combination pumper
apparatus to be built on a 1 500 gallon per minute Fire Department Pumper with Sterling Acterra
2-door chassis cab, Full Response crew cab Waterous fire pump system and stainless steel body
per Crt~pecifications issued March 9 2005
Mayor Gehrz said the City's 2005 Capital Improvement Budget allocated $285,000 for the
purchase of a new fire pumper. She introduced Fire Chief Clem Kurhajetz and Second Assistant
Fire Chief Mark Allen and asked them to discuss the bid.
Fire Chief Clem Kurhajetz said the new truck will replace the 1978 LaFrance pumper, which has
had pump and transmission problems. Nine requests for proposals (RFP's) were sent out and
only one company responded with a bid, Custom Fire Apparatus, Inc. The City contacted two
of the companies that received RFP's to ask why they didn't bid.
6
FALCON HEIGHTS CITY COUNCIL MINUTES _~_
June 8, 2005
Consideration of Resolution 2005-08 approving the bid for one triple combination pumper
apparatus to be built on a 1 500 gallon per minute Fire De artment Pumper with Sterling Acterra
2-door chassis cab, Full Response crew cab Waterous fire pumpsystem and stainless steel body
per City specifications issued March 9 2005 (continued)
Fire Chief Kurhajetz said that Forester, in Iowa, is too busy, and General didn't like the
specifications because they felt they were too proprietary. General bid on a fire vehicle for
Falcon Heights two years ago and lost by a small amount. This vehicle is a 1,500 gallon/minute
pumper that will seat five firefighters. You can put a hydraulic ladder on it; it has shelves that
put the hoses at shoulder height; and it has rollup doors that won't stick out in traffic.
A brief discussion followed.
Council member Lamb asked Fire Chief Kurhajetz if, in his mind, there would be any value in
waiting and getting another bid. Fire Chief Kurhajetz said that any bids received will be in the
ballpark. Forester never said how far behind they are and the Fire Department would like the
truck before winter.
Council member Talbot asked what the delivery date will be. Fire Chief Kurhajetz said the truck
• will be delivered in 180-200 days after the City signs the contract.
Council member Kuettel commented that she is pretty confident that the Falcon Heights Fire
Department takes care of its equipment. This is not a frivolous undertaking. They have not
asked for a lot of bells and whistles on the truck.
Council member Lamb said that Custom will give a 6% discount if there is a full prepayment.
He suggested that Roland Olson, the Finance Director, run the numbers because it appears the
City could save about $1,800 by making a full prepayment.
RESOLUTION 2005-08
Lamb moved adoption of Resolution 2005-08 awarding the bid to Custom Fire Apparatus, Inc.
for one 1,500 gallon per minute Fire Department Pumper with Sterling Acterra 2-door chassis
cab, full response crew cab, Waterous fire pump system, and stainless steel body, per the
specifications issued by the City on March 9, 2005, for $283,980. The motion was unanimously
approved.
Lamb moved that staff be directed to examine the possibility of saving the City money by paying
for the fire truck in a lump sum. If money can be saved in this way, staff is authorized to make
the payment in full. Otherwise, staff is authorized to pay the $58,000 progress payment to
Custom Fire Apparatus, Inc., for delivery of the truck chassis. The motion was unanimously
approved.
FALCON HEIGHTS CITY COUNCIL MINUTES _g_
June 8, 2005
REPORTS FROM COUNCIL MEMBERS: None
INFORMATION AND ANNOUNCEMENTS:
Council member Lindstrom thanked Ann Ziebarth for her years of service on the Planning
Commission and welcomed Beth Mercer-Taylor as her successor.
Mayor Gehrz said the State of Minnesota has provided the City with eleven CERT kits which,
with vests, are worth about $85.00 each. On Tuesday evening, June 14, the Neighborhood
Commission is hosting a big party blastoff at 7:00 PM at City Hall, and it is open to anyone in
the City who is interested in learning how to organize a block party. She congratulated several
Falcon Heights residents who are graduating from the Roseville High School with honors.
Administrator Worthington said that next weekend, June 17-19, is the annual Back to the 50's
event at the State Fairgrounds. Public Works, for this event, is installing "no parking" signage
on the hydrant side of streets. There will be four extra police officers on duty. She gave a brief
storm damage update and said about 60 private property trees were damaged or lost. About five
boulevard trees were lost and about 15 boulevard trees were damaged. She reminded the
viewing audience that if they hire a tree removal contractor, make sure the company is licensed
• by the City, which ensures that the contractor is insured. If residents want a copy of the tree
contractor's list, call or stop in to City Hall.
The regular City Council meeting was adjourned at 7:55 PM.
Respectfully submitted,
Mary Shea Kodluboy
Deputy Clerk
8
i•
CONSENT G1
06/22/05
ITEM: Disbursements and Payroll
SUBMITTED BY: Roland O. Olson, Finance Director
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary
1. General Disbursements through June 16, 2005: $102,827.24
2. Payroll (6/01/05 - 6/15/05) $ 14,966.49
•
•
ATTACHMENTS:
• General Disburse e is on pages I b~-1~
• Payroll on page
ACTION REQUESTED:
• Approval
DATE 06/16/05 TIME 01:14 CITY OF FALCON NEIGH COUNCIL REPORT PAGE 1
APPROVAL OF BILLS
PERIOD ENDING: 6-16-OS
~CK# VENDOR-NAME------- ------ DESCRIPTION DEPT. --AMOUNT
- ------------------------ -------- ---
60766 MINNESOTA STATE TREASURER 1ST QTR BLDG SURCHARGES -------- 88.86
*** TOTAL FOR DEPT 00 88 .86
ICMA RETIREMENT TRUST 457 302632 GEHRZ JUNE/OS LEGISLAT 410.00
ICMA RETIREMENT TRUST 457 302632 TALBOT JUNE/OS LEGISLAT 270.00
LILLIE SUBURBAN NEWSPAPER LEGAL:HEARING CONDUIT HD LEGISLAT 46.58
*** TOTAL FOR DEPT 11 726 .58
AMERICAN OFFICE PRODUCTS LETTER HEAD ADMINIST 122.48
60770 US BANK TRUST NATL ASSOC DIGITAL CAMERA/PRINTER ADMINIST 258.06
60770 US BANK TRUST NATL ASSOC POSTAGE/CODE ENFORCEMENT ADMINIST 4.42
ICMA RETIREMENT TRUST 457 302632 TRETSVEN JUNE/OS ADMINIST 100.00
ICMA RETIREMENT TRUST 457 302632 WORTHINGTON JUNES ADMINIST 250.00
LANDS'END BUSINESS OUTFIT 3 CITY SHIRTS WITH LOGO ADMINIST 33.95
LEAGUE OF MN CITIES LAND USE CLASS -HEIDEMAN ADMINIST 25.00
60771 PERA PERA 6/1 TO 6/15 ADMINIST 1,658.73
RAMSEY COUNTY JUNE/OS INSURANCE ADMZNIST 4,625.35
60765 U.S. POSTMASTER $1 STAMPS FOR MAILINGS ADMINIST 200.00
U.S. POSTMASTER 20 ROLLS 37CENT STAMPS ADMINIST 740.00
COORDINATED BUS. SYSTEMS, COPIER STAPLES ADMINIST 63.37
LYNN & ASSOCIATES ADM CONSULTANT-PERSONNEL ADMINIST 50.00
*** TOTAL FOR DEPT 12 8,131. 36
EHLERS AND ASSOCIATES CONSULTANT-CONDUIT BOND FINANCE 350.00
OLSON,ROLAND MIELAGE REIMB FINANCE 11.34
• *** TOTAL FOR DEPT 13 361. 34
CAMPBELL KNUTSON LEGAL MAY/OS LEGAL 1,235.33
*** TOTAL FOR DEPT 14 1,235. 33
RAMSEY COUNTY VOTING SYSTEM FEES ELECTION 259.42
*** TOTAL FOR DEPT 15 259. 42
NORTH SUBURBAN ACCESS CO. REIMS MAUREEN:CABLE WORK COMMUNIC 100.98
60768 LEAGUE OF MN CITIES TNG- LANDUSE CLASS, COMMUNIC 50.00
OLSON,ROLAND ICECREAM SOCIAL SUPPLIES COMMUNIC 20.78
60767 NEXTEL COMMUNICATIONS,INC CELL PHONE COMMUNIC 38.05
*** TOTAL FOR DEPT 16 209. 81
AMERICAN PLANNING ASSOCIA MEMBERSHIP DUES OS PLANNING 198.00
60770 US BANK TRUST NATL ASSOC DIGITAL CAMERA/PRINTER PLANNING 258.07
CORNEJO CONSULTING TOWNHOUSE PERMIT APPLCTN PLANNING 240.00
*** TOTAL FOR DEPT 17 696. 07
60770 US BANK TRUST NATL ASSOC DIGITAL CAMERA/PRINTER EMERGENC 258.06
*** TOTAL FOR DEPT 21 258. 06
I•
CITY OF ST ANTHONY JUL/OS POLICE SVGS POLICE 39,743.72
*** TOTAL FOR DEPT 22 39,743.72
HUGHES & COSTELLO JUNE/OS PROSECUTIONS PROSECUT 2,572.50
*** TOTAL FOR DEPT 23 2,572.50
AMERIPRIDE LINEN&APPAREL LINEN CLEANING FIRE FIG 59.55
to
DATE 06/16/05 TIME 01:14 CITY OF FALCON NEIGH COUNCIL REPORT PAGE 2
APPROVAL OF BILLS
PERIOD ENDING: 6-16-05
~# VENDOR NAME DESCRIPTION DEPT. AMOUNT
CITY OF ST PAUL FUEL FOR FIRE DEPT FIRE FIG 239.97
EMERGENCY APPARATUS MAINT 757 LIGHT REPAIR FIRE FIG 128.48
DEEP ROCK WATER COMPANY H2O AND COOLER RENTAL FIRE FIG 28.00
*** TOTAL FOR DEPT 24 456.00
BROWNING-FERRIS IND. SOLID WASTE CHRG CITY HAL 298.90
TRUGREEN-CHEMLAWN CITY HALL WEED CONTROL CITY HAL 165.08
CINTAS CORPORATION #470 RUG SVC CITY HALL CITY HAL 78.63
DEEP ROCK WATER COMPANY H2O AND COOLER RENTAL CITY HAL 28.25
HINZE BUSINESS MACHINES TYPEWRITER REPAIR CITY HAL 90.00
NRG PROCESSING SOLUTONS BRUSH DISPOSAL CITY HAL 13.50
XCEL ENERGY ELECT CITY HAL 149.95
60769 SUBURBAN ACE HARDWARE PAINT CITY HAL 73.22
60769 SUBURBAN ACE HARDWARE FASTENERS/OTHER SUPPLIES CITY HAL 98.30
TERMINIX PEST CONTROL/CITY HALL CITY HAL 47.93
60767 NEXTEL COMMUNZCATIONS,INC CELL PHONE CITY HAL 119.61
*** TOTAL FOR DEPT 31 1,163.37
TRUGREEN-CHEMLAWN STREETSCAPE WEED CONTROL STREETS 165.08
TRUGREEN-CHEMLAWN STREETSCAPE WEED CONTROL STREETS 224.72
ONE CALL CONCEPTS, INC LOCATES STREETS 100.40
GRAINGER, W. W., INC. BACKUP ALARM FOR VEHICLE STREETS 53.06
NRG PROCESSING SOLUTONS BRUSH DISPOSAL STREETS 76.50
XCEL ENERGY ELECT STREETS 8.83
• XCEL ENERGY ELECT STREETS 1,846.98
XCEL ENERGY ELECT STREETS 7.43
XCEL ENERGY ELECT STREETS 11.99
XCEL ENERGY ELECT STREETS 31.74
XCEL ENERGY ELECT STREETS 32.89
XCEL ENERGY ELECT STREETS 125.45
XCEL ENERGY ELECT STREETS 30.21
60769 SUBURBAN ACE HARDWARE CLEANERS/ FASTENERS STREETS 17.12
T.A. SCHIFSKY & SONS, INC ASPHALT FOR STREETS STREETS 256.87
UNITED RENTALS ASPHALT PACKER RENTAL STREETS 264.30
*** TOTAL FOR DEPT 32 3,253 .57
S & S TREE SPECIALISTS IN TREE DAMAGE DUE TO STORM TREE PRO 1,428.70
S & S TREE SPECIALISTS IN SALES TAX ON TRIMMING TREE PRO 97.50
60769 SUBURBAN ACE HARDWARE GLOVES/PRUNER/DRILL BITS TREE PRO 77.97
*** TOTAL FOR DEPT 34 1,604.17
TRUGREEN-CHEMLAWN CURTIS FIELD WEED CONTRL PARK & R 90.53
TRUGREEN-CHEMLAWN COMM PK WEED CONTROL PARK & R 93.72
GRAINGER, W. W., INC. MEASUREMENT WHEEL PARK & R 90.52
LANDS'END BUSINESS OUTFIT CLOTHING PUBLIC WORKS PARK & R 25.00
LANDS'END BUSINESS OUTFIT SHIRT W/LOGO:PUBLIC WRKS PARK & R 35.00
NRG PROCESSING SOLUTONS BRUSH DISPOSAL PARK & R 18.00
XCEL ENERGY ELECT PARK & R 21.82
XCEL ENERGY ELECT PARK & R 50.14
XCEL ENERGY ELECT PARK & R 304.50
ON SITE SANITATION COMM PK TOILET PARK & R 70.65
QWEST COMM PK PHONE PARK & R 53.31
0767 NEXTEL COMMUNICATIONS,INC CELL PHONE PARK & R 15.93
DATE 06/16/05 TIME 01:14 CITY OF FALCON NEIGH COUNCIL REPORT PAGE 3
APPROVAL OF BILLS
PERIOD ENDING: 6-16-OS
.CK#
-------- VENDOR NAME DESCRIPTION
------------------------- ------------------------ DEPT. AMOUNT
-------- -----------
*** TOTAL FOR DEPT 41 869.12
ACTION IMPRINTS REC SPORTS T-SHIRTS PARK PRO 354.90
ANDERSON, LISA REC COACH STAFF TNG EXPS PARK PRO 41.11
OLSON,ROLAND REC COACHES TRAINING EXP PARK PRO 64.41
*** TOTAL FOR DEPT 50 460.42
BROWNING-FERRIS IND. SOLID WSTE MGMT TX SOLID WA 50.65
BROWNING-FERRIS IND. RAMEY CTY CEC CHRG SOLID WA 157.91
E-Z RECYCLING, INC. JUNE/OS RECYCLING SOLID WA 2,559.40
*** TOTAL FOR DEPT 56 2,767.96
HEWLETT PACKARD HP COMPUTER & MONITOR GENERAL 1,145.94
*** TOTAL FOR DEPT 63 1,145.94
RAMSEY COUNTY PROP/RECORD TIF ADM FEES DIST 229 TIF DIST 766.69
*** TOTAL FOR DEPT 72 766.69
METROPOLITAN COUNCIL JULY/OS S.S. SANITARY 32,680.49
XCEL ENERGY ELECT SANITARY 16.21
QWEST AUTO DIALER SANITARY SWR SANITARY 57.48
*** TOTAL FOR DEPT 75 32,754.18
RAMSEY COUNTY PROP/RECORD TIF ADM FEES DIST 51 TIF #1 1,057.86
• *** TOTAL FOR DEPT 77 1,057.86
RAMSEY COUNTY PROP/RECORD TIF ADM FEES DIST 42 TIF #2 267.07
*** TOTAL FOR DEPT 78 267.07
GREG CARSON SPORTS REC SPORTS EQUIPMENT LAWFUL G 69.59
TOP SHELF ATHLETICS REC SPORTS EQUIPMENT LAWFUL G 431.06
*** TOTAL FOR DEPT 81 500.65
WORTHINGTON,HEATHER TUITION REIMBURSEMNT CONTINGE 1,477.19
*** TOTAL FOR DEPT 92 1,477.19
*** TOTAL FOR BANK O1 102,827.24
*** GRAND TOTAL *** 102,827.24
I•
is
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Five Smr Service Guaranteed. ,
-
iC
June Statement for activity-from May 06, 2005 through Jun. 06, 2005 Inquiries: /
CITY OF FALCON HEIGHT ,HEATHER WORTHINGTON (GPN 000107109) BUS' T5802 -856-485-4545
Page 1 of 1
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Activity Summary Credit. and'Payment Information
Previous Bafance $111.43 Credit Line . .... ........................
Payments and Credits .. ...... ...... $111.43 Available Credit ...................................... $7,000.00
$6,221.39
Purchases, Advances &-Other Debits $778.61 Minimum Payment Due (Current Month)... $16.00
00
$0
FINANCE CHARGES .... ............. $0.00 Minimum Payyment Due (Past Due) ...........
ment Due
w Minimum Pa
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New Balance .................. .............. $778.61
Payment Due Date .................................... Jun. 26, 2005
To reduce or avoid paying additional finance charges on your pun^.hase balance, pay the total new balance of $778.61 by 06/26/05.
Any cash tialance or balance transfer balance will_continue to accrue daily interest until the date your payment is received.
si'i ::~: ~ ~ . ~ VI~aAE.:::.:....~:. ,.:- ,`,......._ . ii-i-z':,~~-'1::__cs~"°`i"~"'-i_' _- ~_ '~~~ ~`...:.....__.:.....=;:-::-:::-:::::::_:~--::::::c~a~s<s:~=i;::'.;::;-:_ _.:<-~'"°€ii~i<'=~:a"~°t~:~ ~'ii°i
Post Trans Ref.
Date Date Nbr Description of Transaction Amount
Notation
Payments and Credits
05!17 05117 0024 PAYMENT THANK YOU ......................................................... $111.43 CR _ _ _ _ _ _ _ _ . _
Purchases, Advances, Debits. fit' ~`Izt,/ Czcn,,~~a
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05/09 05/06 1678 NATIONAL CAMERA EXCHAN ROSEVILLE MN ............... 5774.19
06/06 06/03 4737^ t t~ 2663650005 SAINT PAUL MN ............................ $4.42
$0.00
MEMBERSHIP FEE _
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BALANCE TRANSFER $0.00 $0.00 0.036958 /o VARIABLE $0.00 13.49%
77 °
61 $0.00 0.036958% VARIABLE $0.00 13.49%
$ 8
0.00% N
0.00% Y
.
PURCHASES
AovANCES $0.00 $0.00 0.054767% VARIABLE $0.00 19.99% 0.00% N
End of Statement
•
13
PERIOD END DATE 06/15/05 **FILE NOT UPDATED**
SYSTEM DATE 06/14/05
C H E C K R E G I S T E R
CHECK EMPLOYEE NAME
DATE NUMBER
PAGE 1
CHECK CHECK
NUMBER AMOUNT
6 14 OS 34 CLEMENT KURHAJETZ 50622 7.38
6 14 OS 40 KEVIN ANDERSON 50623 116.79
6 14 OS 42 MICHAEL D CLARKIN 50624 100.33
6 14 OS 66 ALFRED HERNANDEZ 50625 76.54
6 14 OS 74 MARK J ALLEN 50626 77.46
6 14 OS 85 DANIEL S JOHNSON-POWERS 50627 130.38
6 14 O5 87 MICHAEL A MCKAY 50628 61.07
6 14 OS 90 ANDREW P SCHIPPEL 50629 67.99
6 14 OS 91 RICHARD H HINRICHS 50630 200.07
6 14 OS 95 MICHAEL J POESCHL 50631 106.09
6 14 OS 97 PATRICK GAFFNEY 50632 219.10
6 14 O5 98 BRADLEY J. REZNY 50633 241.54
6 14 OS 101 DALE E HUFF 50634 65.57
6 14 OS 102 TIMOTHY B SYLVESTER 50635 89.70
6 14 O5 104 VINCENT A VANN 50636 99.97
6 14 OS 105 ANTON M. FEHRENBACH 50637 56.56
6 14 OS 106 SCOTT A. TESCH 50638 66.84
6 14 OS 107 MICHAEL KNOX 50639 36.94
6 14 OS 109 JASON D. DOUVIER 50640 44.68
6 14 OS 1003 HEATHER WORTHINGTON 50644 1655.17
6 14 OS 1007 PATRZCIA PHILLIPS 50645 489.85
6 14 OS 1015 GREGORY R. HOAG 50646 1690.60
6 14 OS 1016 LISA A. ANDERSON 50647 984.27
6 14 OS 1030 MARY A. KODLUBOY 50648 1402.45
6 14 OS 1033 DAVE TRETSVEN 50649 1218.52
6 14 OS 1035 JOSEPH J. AUGER SR 50650 291.27
6 14 OS 1038 DEBORAH K JONES 50651 1215.08
6 14 OS 1136 ROLAND O OLSON 50652 1492.89
6 14 OS 1137 MARK C. HANSMEIER 50653 284.99
6 14 OS 1140 ROBERT M PILGRIM 50654 401.11
6 14 OS 1143 COLIN B CALLAHAN 50655 921.06
6 14 OS 1178 PETER M FISCHER 50656 696.21
6 14 OS 2067 ALEXANDER A. CISNEROS 50657 358.02
COMPUTER CHECKS 14966.49
MANUAL CHECKS .00
NOTICES OF DEPOSIT .00
****TOTALS**** 14966.49
4
14
•
POLICY Hl
6/22/05
ITEM: Consideration of contract with E-Z Recycling
SUBMITTED BY: Heather Worthington, City Administrator
REVIEWED BY: Environment Commission
Roger Knutson, City Attorney
EXPLANATION:
Summary: The City has had ayear-to-year contract with E-Z Recycling for the past five years.
In Apri12005, the Environment Commission recommended that the city try to negotiate a multi-
year contract with E-Z commencing in January 2006.
E-Z has had the city's recycling contract since the city began recycling in the late 1980's. Staff
receives less than one complaint per month regarding E-Z, and they have been responsive to
customer concerns, and followed-up with customers to answer questions, pick up missed
collections, or improve their service on a consistent basis.
E-Z and the City were able to agree to a five-year contract. The following highlights specific
provisions of the contract that changed or were updated:
1. Price: The City will pay $1.55 per unit/per month for single family recycling.
The City will pay $596.40 for multi-family buildings with 18 or more units. This is 8 cents
higher than the city's current rate of $1.47, and will remain in place over the five-year period of
the contract. The multi-family rate represents the current rate paid by the city.
2. Items to be collected: Residents will be able to recycle all of the items they are currently
recycling, including motor oil, batteries, glass, plastic, cans, paper and paperboard/cardboard.
They will also collect clothing.
3. Dual-stream collection: This contract updates language in the previous contract to be
consistent with current dual-stream collection practices. It retains the right of the city to have
oversight in any collection changes in the future.
4. Transfer of Interest: This clause protects the city's contractual interests in the event of a
transfer of ownership at E-Z, and requires the contractor to notify the city if a transfer of
ownership occurs. It also requires that the city grant approval for any subcontracting prior to
E-Z hiring subcontractors to provide recycling services.
iS
5. Liquidated damages: The contract requires E-Z to a the folio '
p y wmg liquidated damages for
service or contract violations:
1. Failure to respond to legitimate service complaints within 24 hours in a reasonable
and professional manner: $50 per incident.
2. Failure to collect properly notified missed collections: $250 per incident.
3. Failure to receive City written approval of changes to the "Two-Sort"
collection/processing system prior to implementing any such change: $1,000
The Environment Commission has reviewed the contract, and has recommended that the City
Council approve this contract. E-Z's president, Chris Reinhardt, has also reviewed the contract,
and is prepared to sign it. The City or E-Z can cancel this contract, with cause, by giving 60
days notice.
ATTACHMENT:
• Agreement for Recycling Collection on pages _~~~
ACTION REQUESTED:
• • Council Discussion
• Motion to authorize mayor and city administrator to sing the Agreement for Recycling
Collection, and enter into afive-year contract with E-Z Recycling
AGREEMENT FOR RECYCLING COLLECTION
This agreement is made on the 22nd day of June, 2005, between the City of Falcon Hei ht
located at 2077 W. Larpenteur Avenue, Falcon Heights, Minnesota, 55113 "Cit " g s,
Recycling, Inc., a Minnesota corporation ("E-Z"). ( Y) and E-Z
This statement describes the terms and conditions for recycling collection by E-Z for the
Crty.
SECTION 1. DEFINITIONS
A• "Recycling collection" means the picking up of all recyclable materials accumulated
the curb or alley of mutually agreed upon residential properties and other City desi nated
collection stops in the City, and the transporting of the recyclable materials to a specified
processing site or market.
B• "Recyclable materials" means the following:
1. newspaper, including all advertising supplements contained in daily and
Sunday editions;
2. glass, including clear, brown and green glass food and beverage containers;
. 3. metal cans, including aluminum, steel, tin and bi-metal containers;
4. plastics, including all plastic bottles with a neck;
5. mixed mail including magazines, flyers and catalogs, office paper, including
white or pastel stationery, computer, copier & adding machine paper, tablet or
note pad paper, and white or pastel envelopes;
6. telephone books;
7. cardboard, including all brown corrugated cardboard;
8. motor oil;
9. automotive batteries;
10. chipboard boxes; and
11. clean used clothing and textiles
12. other materials as mutually agreed upon by E-Z and the City.
• SECTION 2: SERVICES TO BE PERFORMED
A. For single family residences and multi-family residences with less than 18
dwelling units, E-Z will collect recyclable materials every other week, beginning January
6, 2006. Single family unit counts will be attached as a separate appendix to this
agreement, and will be updated if changed (Appendix A).
B. For multi-family residences with 18 or more dwelling units, E-Z will collect
recyclable materials each Friday, beginning on January 6, 2006. Multi-family unit counts
will be attached as a separate appendix to this agreement, and will be updated if changed
(Appendix B).
C. Collection procedures: Dual Stream Collection System
The Contractor shall collect and process the residential curbside material within the form
of a "dual stream" system whereby residents will continue to be instructed to commingle
two groups of materials: (1) all food and beverage containers, including glass, metal and
plastic bottles/jugs; and (2) all paper fiber products, including newspapers, boxboard,
magazines, mixed mail, catalogs, phone books and corrugated cardboard. Usable
clothing, motor oil, and automobile batteries are not to be included in either of these two
categories.
The Contractor shall not make any changes to this "dual stream" collection/processing
system for materials collected from the City without written approval of the City. Failure
to receive City approval for any such changes shall be considered by the City as a breach
of this Agreement subject to termination.
D. E-Z will collect recyclable materials prepared as indicated below and placed at curbside
or alley, as listed in 1 B, but not limited to:
Newspapers, magazines, mixed mail, office paper, cereal and cracker boxes:
Place together in paper bag or recycling container. Keep separate from cans, glass,
plastic. Do not combine with corrugated cardboard
Cans and glass (food and beverage), plastics (only bottles with a neck):
Rinse out and place in paper bags or recycling container. Keep separate from paper
items. Flatten plastic bottles and remove caps and lids.
Corrugated Cardboard:
Flatten, place in paper bag or bundle with twine. Do not exceed 3 ft. x 3 ft. Do not
combine with other paper.
Clean clothing and household linens:
Place in plastic bag and seal or tie. Put out next to recycling container.
Ig
• Motor Oil:
Place in an airtight container with a lid, and place next to recycling bin at curbside.
Automotive Batteries:
Place in recycling container, or on curbside with other recyclables.
Improperly prepared recyclables, recyclables not reasonably free of food, dirt or other
contaminants, or non-recyclable materials will be left in the container with an education tag
explaining why the materials were not collect Ed.
In addition, E-Z shall utilize its best efforts to commence collection of other materials as markets
become available.
The City will retain ownership of recycling containers, including multi-family containers, and
will maintain them accordingly.
E-Z shall notify City when multi-family or single-family residential containers need maintenance
or replacement.
D. Reporting_requirements:
E-Z will report the following information to the City on a monthly basis, within fifteen
(15) days of the end of the month the following information:
1. The weight in pounds of each type of recyclable materials collected, including
separate totals for multi-family and single family/fewer than 18-unit residences,
and including all certified weight receipts;
2. The total number of collection stops made;
3. The delivery point and end market for all recyclables collected, including
amounts of each type of material delivered to each market;
4. The amount and location of all materials stored by E-Z for more than 30 days;
5. The monthly spot market for recyclables.
6. Weekly complaints reports: Each week, the Contractor shall provide the City with a
list of all customer complaints, including a description of how each was resolved.
E. Equipment requirements:
1. E-Z must obtain appropriate licenses for each recycling vehicle or trailer. The
. City is not responsible for licensing fees.
19
2. E-Z will maintain all recycling vehicles in proper working condition and have
vehicles available for inspection by the City and Ramsey County.
3. Vehicles will be equipped with warning flashers, a broom and a shovel for spills,
and E-Z's name and telephone number prominently displayed on both sides.,
4. Vehicles will be constructed in such a way as to contain all materials from
spilling, leaking or blowing out of the vehicle.
F. Missed collections:
1. E-Z will maintain a telephone number to handle customer complaints until at
least 6:30 p.m. on collection days.
2.E-Z agrees to handle customer or City complaints, including returning for missed
pickups, by 3:00 p.m. the day after collection is scheduled.
3. Upon request by the City, E-Z will provide a list of all customer complaints
received, including a description of how each was resolved.
4. E-Z will distribute contact information for residents who wish to contact E-Z
regarding a complaint or concern.
G. Cleanup of spillage or blowin lig tter:
The Contractor shall adequately clean up any material spilled or blown during the course
of collection and/or hauling operations. All collection vehicles shall be equipped with at
least one broom and one shovel for use in cleaning up material spillage.
H. Holidays:
When a collection day falls upon New Year's Day or Independence Day, collection will
take place on the Saturday following the holiday.
I. Yearly Meeting:
The Contractor and the City shall meet on an annual basis to discuss the contract and any
issues or concerns that may arise on the part of one or both entities.
SECTION 3. FINANCIAL TERMS
A. Payment:
1. For single family residences and multi-family residences with less than 17 dwelling units, the
City will pay E-Z $1.55 per household or unit per month.
0~0
• 2. For multi-family residences with 18 or more dwelling units, the City will pay E-Z a flat fee
of $596.40 per month.
3. These fees include all applicable taxes and charges.
4. The payment rate specified in subparagraphs 1 and 2 above shall continue for the five-year
term of this contract.
SECTION 4. TERM OF CONTRACT
This contract shall be in effect from January 1, 2006, through January 1, 2011. This agreement
may be extended for an indefinite period of time upon mutual written agreement by both parties.
SECTION 5. CANCELLATION
Either party may cancel this agreement at any time, with cause, upon sixty (60) days written
notice to the other party. The city will regard, but not be limited to, repeated missed collections,
repeated improper or late reporting, repeated unresolved customer complaints, or repeated failure
to abide by any other terms of this agreement as sufficient cause for cancellation. In the event of
termination, the City will pay E-Z for services provided up to the termination date. If the
contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys,
maps, models, photographs, reports or other materials prepared by the Contractor under this
agreement shall, at the option of the City, become the property of the City, and the Contractor
shall be entitled to receive just and equitable compensation for any satisfactory work completed
on such documents or materials prior to the termination.
SECTION 6. GENERAL CONDITIONS
A. All services and duties performed by E-Z pursuant to this agreement will be performed to
the satisfaction of the City and in accordance with all applicable federal, state and local
laws, ordinances, rules and regulations as a condition of payment. E-Z agrees to comply
with Minnesota Statues 181.59, relating to non-discrimination.
B. E-Z must obtain and provide the City with a certificate of insurance indicating the
following minimum levels of insurance coverage:
1. Workers Compensation insurance
Workers Compensation insurance shall meet the statutory obligations with
Coverage B- Employers Liability limits of at least $100,000 each accident,
$500,000 disease -policy limit and $100,000 disease each employee.
~i
2. Commercial General Liability insurance
Commercial General Liability insurance shall be at the limits of at least
$1,000,000 general aggregate, $1,000,000 products -completed operations
$1,000,000 personal and advertising injury, $1,000,000 each occurrence $500,000
fire damage and $50,000 medical expense any one person. The policy shall be on
an "occurrence" basis, shall include contractual liability coverage and the City
shall be named an additional insured.
3. Commercial Automobile Liability insurance
Commercial Automobile Liability insurance covering all owned, non-owned and
hired automobiles with limits of at least $500,000 per accident.
C. The provisions of this agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction, to be contrary to law, such
decision shall not affect the remaining provisions of the agreement.
D. This agreement embodies the entire agreement between the parties, including all
prior understanding and agreements, and may not be modified except in writing
signed by all parties.
E. Independent Contractor:
. Nothing contained in this agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
The Contractor shall at all times remain an independent contractor with respect to the
services to be performed under this Contract. Any and all employees of Contractor or
other persons engaged in the performance of any work or services required by Contractor
under this Contract shall be considered employees or sub-contractors of the Contractor
only and not of the City; and any and all claims that might arise, including Worker's
Compensation claims under the Worker's Compensation Act of the State of Minnesota or
any other state, on behalf of said employees or other persons while so engaged in any of
the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of contractor.
F. Hold Harmless:
The Contractor agrees to defend, indemnify and hold harmless the City, its officers and
employees, from any liabilities, claims, damages, costs, judgments, and expenses,
including attorney's fees, resulting directly or indirectly from an act or omission of the
contractor, its employees, its agents, or employees of subcontractors, in the performance
of the services provided by this contract or by reason of the failure of the contractor to
fully perform, in any respect, any of its obligations under this contract. If a Contractor is
aself-insured agency of the State of Minnesota, the terms and conditions of Minnesota
Statute 3.732 et seq. shall apply with respect to liability bonding, insurance and liability
limits. The provisions of Minnesota Statutes Chapter 466 shall apply to other political
subdivisions of the State of Minnesota.
~~
• G. Data Practices:
The Contractor agrees to comply with the Minnesota Government Data Practices Act and
all other applicable state and federal laws relating to data privacy or confidentiality. The
Contractor must immediately report to the City any requests from third parties for
information relating to this Agreement. The City agrees to promptly respond to inquiries
from the Contractor concerning data requests. The Contractor agrees to hold the City, its
officers, and employees harmless from any claims resulting from the Contractor's
unlawful disclosure or use of data protected under state and federal laws.
All Proposals shall be treated as non-public information until the proposals are opened
for review by the City. At that time the Proposals and their contents become public data
under the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13.
H. Transfer of Interest:
The Contractor shall not assign any interest in the Contract, and shall not transfer any
interest in the same either by assignment or notation without the prior written approval of
the City, provided, however, that claims for money due or to income due to the contractor
may be assigned to a bank, trust company or other financial institution, or to a Trustee in
Bankruptcy without such approval. Notice to any such assignment or transfer shall be
furnished to the City. The Contractor shall not subcontract any services under this
contract without prior approval of the City Department Contract Manager designated
herein.
• I. Liquidated Damages:
The Contractor shall agree, in addition to any other remedies available to the City, the
City may withhold payment from the Contractor in the amounts specified below as
liquidated damages for failure of the Contractor to fulfill its obligations:
Failure to respond to legitimate service complaints within 24 hours in a reasonable
and professional manner: $50 per incident.
4. Failure to collect properly notified missed collections: $250 per incident.
5. Failure to receive City written approval of changes to the "Two-Sort"
collection/processing system prior to implementing any such change: $1,000
•
~3
.7
E-Z RECYCLING, INC.
By:
Chief Executive Officer
By:
Executive Vice President
~y
POLICY H2
• 6/22/05
ITEM: Consideration of construction contract with the City of Roseville
SUBMITTED BY: Heather Worthington, City Administrator
Greg Hoag, Parks and Public Works Director
REVIEWED BY: Roger Knutson, City Attorney
EXPLANATION:
Summary: In 2004, Ramsey County turned back Roselawn Avenue to the cities of Falcon
Heights and Roseville. The section of Roselawn Avenue between Hamline Avenue and Snelling
Avenue is in need of reconstruction. Staff from both cities met to discuss the need to have this
section of Roselawn reconstructed. The driving surface is badly deteriorating, and the storm
water drainage is inadequate, causing flooding in side yards along the street.
The proposed scope of this project may include: reconstruction to meet municipal state-aid street
standards, construction of curbs and gutters, construction of storm sewers as necessary, repair
and/or replacement of other utilities as needed (water main, sanitary sewer), and construction of
a 6 foot wide sidewalk.
The City of Roseville has indicated that the engineering and contract administration services for
this project can be handled by their staff working with our staff as needed. Falcon Height's staff
believes that this arrangement is the most cost and human resource efficient arrangement to
handle this project.
The first informational meeting with the public regarding this project was held on Tuesday June
21, 2005. A second informational meeting is being planned for September 2005, as well as a
Neighborhood walk- thru meeting to be scheduled for October 2005.
Staff from both cities have worked on a draft agreement and have had it reviewed by their
respective legal council. The finalized draft is recommended for approval by staff to their
respective governing bodies.
ATTACHMENTS:
^ Final draft of the Street Reconstruction Agreement, between the cities of Falcon Heights
and Roseville on pages
ACTION REQUESTED
^ Discussion
^ Approval of the Roselawn Avenue Street Reconstruction Agreement
~S
• STREET RECONSTRUCTIONAGREEMENT
Dated as of , 2005
This Agreement is made on , 2005, between the City of Roseville, a
Minnesota municipal corporation ("Roseville"), and the City of Falcon Heights, a Minnesota
municipal corporation ("Falcon Heights").
1. PURPOSE
Roseville and Falcon Heights (Collectively the "Cities") have determined that it is in the
best interests of the residents of each city to undertake in a cooperative fashion the reconstruction
of Roselawn Avenue between Snelling Avenue and Hamline Avenue (the "Project"). The goal
of the Cities is to provide for a coordinated cost effective completion of the Project. The purpose
of this agreement is to set forth the terms governing the design and construction of the Project.
2. PROJECT
2.1 The Project shall consist of the facilities identified in Exhibit A hereto, subject to
modification as provided herein.
2.2 The costs of the Project will be paid by the Cities as provided in Section 5.1
hereof.
2.3 Inclusion of items not identified in Exhibit A, such as additional landscaping,
street lights, or benches are at the discretion of each city. The cost of such additional items is the
sole responsibility of the city that approves such additions.
3. DESIGN
3.1 Roseville, will prepare, or have prepared, engineering drawings, specifications
and construction plans for the Project. The construction plans will include a cost estimate. The
final cost estimate will include all costs associated with the Project as well as a contingency
budget for unforeseeable circumstances associated with the construction. Roseville will comply
with any requirements of Minnesota law with respect to approvals of such plans and
specifications.
3.2 Final construction plans, engineering drawings, specifications and cost estimates
will be submitted to each city for the approval of each city council.
4.1 CONSTRUCTION
4.1 If final construction plans and specifications are approved by each city council,
Roseville shall proceed with construction of the Project. Roseville will advertise for bids in
accordance with the requirements of the municipal contracting law.
•
~/
• 4.2 Prior to awarding construction contracts Roseville will review the bids received
with Falcon Heights. If the contracts exceed the cost estimates contained in the construction
plans (including a contingency budget) previously approved by the Cities. The bids must be
approved by each city council or the project may not proceed.
4.3 Roseville will be the contracting party and will use ordinary and prudent efforts to
require that the Project is constructed in compliance with approved plans and specifications and
completed with reasonable promptness.
4.4 Roseville will notify Falcon Heights of any change order which increases the cost
of any individual construction contract for the Project by more than $5,000 of the original
amount thereof or which materially changes the scope of the Project. Roseville shall obtain the
written authorization of Falcon Heights prior to approving such a change order. However, prior
written authorization is not necessary if the change order presents imminent health safety issues
making prior authorization impractical. In such cases, the change order shall be seasonably
presented to Falcon Heights for ratification. Falcon Heights must not unreasonably withhold its
consent to change orders resulting from unforeseen circumstances arising from the construction.
5. PAYMENT OF COSTS OF PROJECT
5.1 All costs of the Project will be shared equally by the Cities, except that the costs
of utilities that are replaced will be paid by the benefited city. Costs will include, but not be
limited to, the services identified in Article 6 hereof, all costs related to obtaining all necessary
permits and approvals for the Project, costs incurred in agreements, and any and all other costs
associated with the Project.
5.2 All invoices or requests for payment will be approved and paid by Roseville.
Within 10 days of the end of each calendar month, Roseville shall provide a statement to Falcon
Heights showing the prior month's activity, the invoices received, the full costs of services
provided by Roseville staff, and the amount Falcon Heights owes to Roseville for the Project and
for items outside of the Project, such as those in sections 2.3 hereof. Within 30 days of the
receipt of that statement, Falcon Heights shall pay that amount to Roseville or provide in writing
a list and explanation of any amounts it disputes and pay the undisputed amount. Any disputes
regarding payment shall be resolved through the dispute resolution process contained in Article 7
hereof.
5.3 If this Agreement is terminated under Section 8 hereof, both cities shall
nevertheless be liable for the payment of their cost share which is incurred up to the date of
termination of this Agreement, or as a result of termination of this Agreement.
6. SERVICES TO BE PROVIDED BY ROSEVILLE
6.1 Roseville will provide qualified engineering employees to perform street and
utility design and related technical services to the Project. These services include:
a) Conduct pre-construction Survey;
• b) Complete design and feasibility studies;
~1
• c) Acquire required permits and a royal
pP s,
d) Conduct public meetings, including informational meetings and meetin s
with each city council; g
e) Prepare plans and specifications;
~ Manage contracts made for completion of the Project and for items outside
the Project included in sections 2.3 and 2.4 hereof.;
g) Conduct necessary state aid reporting;
h) Supervise construction, including inspection of the work;
i) Conduct construction surveying;
j) Prepare as-built drawings;
k) Design utilities, as required;
1) Assemble necessary assessment roles.
6.2 Roseville may, at its discretion, contract with a qualified third party to conduc
complete any or all of these services. Roseville employees shall be billed at their direct s
expenses, including benefits and applicable overhead. t or
alary
~• DISPUTE RESOLUTION
~• 1 If a dispute arises between the Cities regarding this agreement or the constructi
of the Project, the City Manager and City Administrator of each city, or their desi nees
g ,must
promptly meet and attempt in good faith to negotiate a resolution of the dis ute. on
P
7.2 If the Cites have not negotiated a resolution of the dispute within 30 da s after
this meeting, the Cities may jointly select a mediator to facilitate further discussion. y
7.3 If a mediator is not used or if the Cities are unable to resolve the dispute within
after the first meeting with the selected mediator, the dispute shall be adjudicated in civilo days
court.
8• GENERAL PROVISIONS
g• 1 All notices under this agreement must be delivered personally or sent by first
class mail addressed to:
If to Roseville: City Manager
City of Roseville
2660 Civic Center Drive
Roseville, MN 55113
If to Falcon Heights City Administrator
City of Falcon Heights
2077 W. Larpenteur Avenue
1 Falcon Heights, MN
• or addressed to such party at such other address as such party shall hereafter furnish by notice to
the other party.
8.2 This Agreement shall terminate if either City fails to approve the construction
plans for the Project.
8.3 This Agreement may be amended only in writing, executed by the proper
representatives of each city.
8.4 This Agreement must be interpreted under the laws of the State of Minnesota.
Date:
• Date:
CITY OF ROSEVILLE
By:
Its Mayor
And:
Its City Manager
CITY OF FALCON HEIGHTS
By:
Susan L. Gehrz, Mayor
And:
Heather M. Worthington, City Administrator
•
~~
~~
EXHIBIT A
THE PROJECT
Reconstruction of Roselawn Avenue between Snelling Avenue and Hamline Avenue to
municipal state-aid street standards.
Construction of curbs and gutters along both sides of the reconstructed Roselawn Avenue.
Construction of storm sewers as necessary.
Utilities, including, but not limited to, water lines and sanitary sewer lines, will be replaced as
necessary.
Construction of a sidewalk roughly 6 feet wide along the south side of the reconstructed
Roselawn Avenue.
U
r 1
U
3a
POLICY H3
6/22/05
ITEM: Consideration of mid-year salary adjustment for the position of City
Administrator
SUBMITTED BY: Submitted by Mayor Gehrz
REVIEWED BY: Roland Olson, Finance Director
EXPLANATION:
Relevant City Goals:
1. To protect the public health and safety.
2. To sustain and promote the assets of the city's unique neighborhoods and tax base
including commercial, residential and open space uses for present and future generations.
3. To expand opportunities for the interaction and involvement of citizens of all ages in their
neighborhoods and community.
4. To provide a responsive and effective city government.
The ability of the City of Falcon Heights to recruit and retain a professional and highly skilled
. City Administrator is essential to meeting all of our city goals.
Background Information
In 2003, the city conducted a review of how the salaries and responsibilities of all city staff
positions compared with other metropolitan cities of similar sizes. That review revealed that the
City of Falcon Heights was paying salaries that were far below comparable cities for two
positions---the City Administrator and the Finance Director.
As a result, the city council approved a goal and a plan to bring the salaries for these two
positions to 90% of the average of comparable cities by January 1, 2006. That goal assumes that
the employees in those positions have performed satisfactorily for five years. This plan enabled
us to spread the needed increases across three years instead of making the adjustment in only one
budget year.
The 90% of the average compensation for comparable cities adjusts for our geographic size,
population, number of employees, and number of enterprise funds and utilities operated by the
city of Falcon Heights.
31
Every three years, the City Administrator is responsible for completing a scope and scale
analysis for every full and part time position and making salary adjustment recommendations to
the City Council in accordance with personnel compensation policies adopted by the City
Council. The City Council is responsible for making compensation adjustments for the position
of City Administrator.
Current Problem
The analysis done in 2003 showed that we were paying the City Administrator $14,312 less than
our goal of 90% of the average salaries for the same position in comparable cities. Spreading
that amount across three years resulted in a planned annual increase of $4771 for 2004, 2005,
and 2006. We did not include any inflationary or cost-of-living increases that the City
Administrators/Managers in other comparable cities received during those three years. This
error, combined with the salary increases in other comparable cities, results in our inability to
reach our 2006 goal.
The Stanton Group Survey Data for 2002, 2003, 2004, and 2005 for City Administrator/City
Manager positions in comparable cities was used to determine the average salaries and the
annual inflation rates for those salaries.
The following metro area cities were used as comparables based upon the Stanton Group Salary
• Surveys for City Administrators and City Managers:
Ci Po ulation
Little Canada 9,825
Arden Hills 9,660
St. Anthony 8,019
Mahtomedi 8,030
Hugo 7,900
Falcon Hei hts 5,672
St. Paul Park 5,095
Wayzata 4,119
Bayport 3,146
Lauderdale 2,364
Analysis of the Stanton Group Salary Survey data available for the past four years
demonstrated that, due to inflationary increases in salaries in the nine comparable cities,
we will not achieve the goal of raising the salary for the City Administrator position to
90% of the comparable average by January 1, 2006.
~O~
•
a) Average salary
b) 90%
l I
75,823
77,745
81,554 ~
85,012**
sa
ary goal
c) F
l
H
i
h 68,241 69,970* 73,398 76,510
a
con
e
g
ts salary
d) S
l
G 53,544 55,688 60,458 65,229
a
ary
ap
e) I
i 14,282 12,940 11,281
ncrease
n average
salaries for comparables (a)
2.5%
4.9%
4.2%
*In 2003, the $69,970 was rounded off to a goal of $70,000 by January 1, 2006.
**The City of Bayport was not included in the Stanton Survey for 2005 so the average of
comparable cities was based upon eight cities instead of the nine used for previous years.
Options
1. Eliminate our goal of bringing the salary for the position of City Administrator up
to 90% of the average of comparable cities by 2006.
Although this option reduces expenses in the short term, it jeopardizes our ability to
compete with other cities to retain and recruit the professional management that is
necessary to achieve all of the city's goals. That has a very high long term cost.
Information provided by the Human Resources Specialist for the League of
Minnesota Cities, confirmed that the recruitment of a management level employee
is a far greater cost to the employer than is the hire of a nonexempt support staff
position. Expenses that should be considered include:
• Advertising fees (newspapers, professional newsletters, online/internet)
• Agency fees or professional recruitment costs
• Travel costs
• Relocation costs
• Internal or overhead costs for city staff time necessary to coordinate all activities
related to the recruitment process, including administrative support
There is a significant additional cost associated with the time required for a new City
Administrator to acquire the knowledge and experience specific to this city.
2. Extend the time period for reaching that goal for an additional three years.
This option has the same advantages and disadvantages as Option 1.
33
• 3. Make an interim sala adjustment in 2005 e u
rY J q al to the average inflation rate for
comparable cities for 2003 and 2004 and add the inflationary rate from the 2005
salary survey data to the 2006 salary adjustment.
If we had included the inflation rate for the previous years' salaries in comparable
cities, we would have made the following salary adjustments in 2004 and 2005:
a) Actual FH salary
b) Planned annual adjustment I
$60,458 I
$65,229
4,771
c) 2003 salary inflation rate 2.$%
d) 2004 Inflationary adjustment amount (a x c) 1,511
e) Adjusted 2004 salary (a + d) 61 969
~
f) 2004 salary inflation rate 4.9%
g) 2005 Inflationary adjustment amount (e x f)
h) Adjusted 2005 salary (e + b + g) 3 036
69,776
i) Total recommended salary adjustment (d + g) (h - a) 4,547
It will take an additional $4,547 salary adjustment to reach the $69,776 salary that should
have been paid effective January 1, 2005, if we want to stay on track to meet the goal of
bringing the salary of the City Administrator to 90% of the average salaries for the same
position in comparable cities by January 1, 2006.
The total recommended salary amount was derived as follows:
2004 salary $60 458
2003 inflation rate for comparable cities 1,511
2005 planned adjustment 4 771
2004 inflation rate for comparable cities 3,036
$69,776
It is understood that there will be an additional cost of $348 FICA and $251 PERA
resulting from the recommended $4,547 salary adjustment.
For 2005, the average City Administrator's salary for our comparable cities is $85,012.
Ninety percent of that average is $76,510. If we amend the 2005 salary to $69,776 and
combine it with the planned increase of $4771 and the 4.2% inflation in the comparable
salaries in 2005, we should come closer to reaching the goal we adopted in 2003 for
January 1, 2006.
3y
4. Add the entire salary gap in 2006.
The City Council has traditionally been conservative in budgeting and has tried to avoid
large increases in line items in the general operating budget. Our preference has been to
spread necessary increases more evenly across fiscal years to reduce financial impact on
our taxpayers. This was the reason we adopted athree-year, rather than one-year, plan
for salary adjustments back in 2003.
Recommendation
I recommend that we approve Option 3 and implement the 2005 salary adjustment by adding
pro-rated amounts to the remaining pay periods of 2005.
ACTION REQUESTED:
• Council discussion
• Approve the Mayor's recommendation to make amid-year salary adjustment
3S
POLICY H4
6/22/05
ITEM: Request for approval of revisions to the Employment Agreement for
the City Administrator
SUBMITTED BY: Sue Gehrz, Mayor
REVIEWED BY: Roger Knutson, City Attorney
EXPLANATION:
Summary: The Mayor conducts an annual performance review of the City Administrator and
negotiates changes to the Employment Contract when necessary. Few changes have been made
to the original Employment Contract entered into by Heather Worthington and the City Council
in April, 2000.
Following a very positive performance review which included evaluations by all City Council
members and interviews with the Finance Director, Deputy Clerk, Planning and Zoning
Coordinator, and Director of Parks and Public Works, the Mayor is recommending the following
changes to the original Employment Contract:
• 1. Change the language and format to be more appropriate to a legal contract.
2. Update the salary data in Section 4.
3. Remove references to specific organizations in the Professional Development section in
Section 11.
4. Remove the specific mileage reimbursement rate from Section 13 and replace it with ,
"shall be based upon federal mileage reimbursement rate" which usually changes
annually.
In Section 16, increase the severance pay from three months to four months,
add a provision that the city provide and pay for four months of insurance benefits
if the City Administrator is eligible for severance pay.
6. Remove the "just cause" referenced in Section 8 g in the original Employment
Agreement as one of the circumstances under which the City will have no obligation to
pay severance pay.
7. Remove the non-binding arbitration provision of Section 8 g in the original
Employment Agreement pertaining to the "just cause" basis for termination.
These changes are agreeable to the City Administrator.
3~
Nothing in this Agreement limits the City Council's right to terminate the services of the City
Administrator at any time, for any reason, subject only to the provisions of the Agreement and
statutory requirements. Nothing in the Agreement prevents the City Administrator from
resigning at any time.
Goal: To provide a responsive and effective city government
ATTACHMENT:
• Revised Employment Agreement on pages ~~
• Original Employment Agreement dated April 15, 2000 on pages ~'~ ,
ACTION REQUESTED:
• Council discussion
• Approval of revised Employment Agreement between the City of Falcon Heights and the
City Administrator
•
:7
3'~
EMPLOYMENT AGREEMENT
Amended ]une 22, 2005
Originally entered into on April 15, 2000
AGREEMENT made the 22nd day of June, 2005, by and between the CITY OF
Falcon Heights, a Minnesota municipal corporation ("Employer"), and
Heather M. Worthington ("Employee").
The parties agree as follows:
1. POSITION. Employer agrees to employ Employee as its City Administrator.
Employee agrees to serve as City Administrator in accordance with state statutes and
City ordinances and to perform such other legally permissible and proper duties and
functions as the City Council shall from time to time assign.
2. MOVING AND RELOCATION ALLOWANCE. None
3. PENSION PLAN. Employer shall contribute to PERA as required by State law for
Employee or an alternate pension plan, if selected by Employee, authorized by State
• law. Employee shall also be eligible for personal contributions to the ICMA 457 Plan,
with no contribution made by the City.
4. SALARY. Employer shall pay the Employee an annual salary of $65,229 for the year
starting January 1, 2005 and thereafter at such rate as fixed by the City Council. The
Employee will be given an annual performance and annual salary review. The Employer
may make necessary salary adjustments between annual review periods.
5. SICK LEAVE. Employee shall accrue sick leave in accordance with the City's
personnel policies.
6. VACATIONS. Employee shall accrue vacation leave in accordance with the City's
personnel policies. Employee shall be eligible for four weeks of vacation per year.
9. HOLIDAYS. Employer shall provide Employee the same holidays as enjoyed by
other employees in accordance with the City's personnel policies.
9. GENERAL INSURANCE. Employer shall provide Employee the same group hospital,
medical, dental, life and disability insurance benefits as provided to other employees in
accordance with the City's personnel policies.
.7
3g
• 10. DUES AND SUBSCRIPTIONS. Employer shall budget and pay the professional
dues and subscriptions for Employee which are necessary for Employee's continued
participation in national, regional, state and local associations necessary and desirable
for Employee's continued professional participation, growth and advancement and good
of the city.
11. PROFESSIONAL DEVELOPMENT. Employer shall budget and pay the travel and
subsistence expenses of Employee for professional and official travel, meetings and
occasions adequate to continue the professional development of Employee and to
adequately pursue necessary official and other committees on which Employee serves
as a member. Employee shall use good judgment in her outside activities so she will not
neglect her primary duties to the Employer.
12. CIVIC CLUB MEMBERSHIP. Employer recognizes the desirability of
representation in and before local civic and other organizations. Employee is authorized
to become a member of such civic clubs or organizations as deemed appropriate by her
and at Employer's expense. These include, but are not limited to, Rotary International
and the Lions Club.
13. AUTOMOBILE. Employee shall be paid on a reimbursement basis for use of her
• personal automobile for Employer business. Mileage shall be submitted on a quarterly
basis and based on the current federal mileage reimbursement rate.
14. GENERAL EXPENSES. The Employer recognizes that certain expenses of a non-
personal and job affiliated nature are incurred by the Employee and agrees to
reimburse or pay said general expenses subject to City Council approval.
15. HOURS OF WORK. It is understood that the position of City Administrator
requires attendance at evening meetings and occasionally at weekend meetings. It is
understood by Employee that additional compensation and compensatory time shall not
be allowed for such additional expenditures of time. It is further understood that
Employee may absent herself from the office to a reasonable extent in consideration of
extraordinary time expenditures for evening and weekend meetings at other than
normal working hours.
16. TERMINATION BENEFITS. Either party may terminate this Agreement at any
time.
39
• In the event of termination by the Employer, or if any of the following occur, the
Employer shall pay severance pay, subject to withholding taxes, in a lump sum cash
payment equal to four months' salary and provide and pay for general insurance
benefits set forth in paragraph 9 for a period of four months following termination:
a. Employee resigns as a result of a reduction in salary or other financial benefits of
the Employee in a greater percentage than any across the board reduction for all
City employees.
b. Employee resigns as a result of the Employer's refusal, following written notice
by the Employee, to comply with any other provision of this Agreement.
c. Employee resigns following a formal suggestion by the City that she resign.
In the event of termination by the Employer for the following reasons, the Employer
shall have no obligation to pay severance pay:
d. Employee's termination is either because she is unwilling or unable to continue
to perform the duties of the City Administrator.
e. Employee's termination is because of her dishonesty or theft of the City's
property.
Employee's termination is because of her commission of a crime or other act
which would materially damage the reputation of the City..
If Employee voluntarily resigns her position with Employer, Employee agrees to give the
Employer forty-five (45) days advance notice. If Employee voluntarily resigns her
position with Employer, there shall be no severance pay due to the Employee.
17. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in the Agreement shall
prevent, limit or otherwise interfere with the right of Employer to terminate the services
of Employee at any time, for any reason, subject only to the provisions of the
Agreement and statutory requirements. Furthermore, nothing in the Agreement shall
prevent, limit or otherwise interfere with the right of Employee to resign at any time
from her position with Employer, subject only to the provisions of the Agreement.
18. GENERAL PROVISIONS. If any provision, or any portion thereof, contained in
this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder
of this Agreement, or portion thereof, shall be deemed severable, shall not be affected,
and shall remain in full force and effect.
40
• IN WITNESS WHEREOF, Employer has caused the Agreement to be signed and
executed on its behalf by its Mayor, and Employee has signed the Agreement, in
duplicate, the day and year first written above.
EMPLOYER: City of Falcon Heights
EMPLOYEE: Heather M. Worthington
BY:
Susan L. Gehrz, Mayor
AND
Heather M. Worthington
City Administrator
•
r~
U
41
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT made this 15"' day of April 2000,
between the City of Falcon Heights and Heather Worthington herein called
Worthington.
WITNESSETH:
WHEREAS THE CITY OF FALCON HEIGHTS wishes to employ Worthington
as its City Administrator effective April 15, 2000 upon the terms herein
provided.
IT IS AGREED as follows:
1. POSITION. The City of Falcon Heights agrees to employ Worthington as
their City Administrator. Worthington agrees to serve as the City
Administrator and will devote her full business time and best efforts to
the City of Falcon Heights. Attached is a copy of the position
• description.
2. SALARY. The City of Falcon Heights agrees to pay Worthington an
annual salary at the rate of 547,000 per year for the year starting April
15, 2000, and thereafter at such rate as my from time to time be fixed
by the City Council. It is understood that Worthington's salary will be
reviewed annually and she will be given a performance appraisal prior to
her annual reviews.
3. CITY PLANS. Worthington will be entitled to participate in PERA and
FICA, insurance and other benefit plans as the City of Falcon Heights may
from time to time maintain for the benefit of its employees, plus the other.
benefit plans as outlined below.
a. CAR ALLOWANCE. Worthington will be reimbursed at a rate of .31
per mile for car expense/mileage.
b. VACATIONS. As identified in the personnel policy.
c. SICK LEAVE. As identified in the personnel policy.
d. HOLIDAYS. As identified in the personnel policy.
•
4~
e. INSURANCE. As identified in the personnel policy. The city will
• provide group life insurance coverage equal to one {1) times annual
salary at no expense to Worthington.
4. DUES AND SUBSCRIPTIONS. The City agrees to budget and to pay the
professional dues and subscriptions of Worthington necessary for her
continuation and full participation in national, regional, state and local
associations necessary and desirable for her continued professional
participation, growth and advancement, for the good of the City.
5. PROFESSIONAL DEVELOPMENT. The City agrees to budget and pay the
travel and subsistence expenses of Worthington for professional and
official travel, meetings and occasions adequate to continue the
professional development of Worthington and to adequately pursue
necessary official and other functions for the City including, but not
limited to, the ICMA Conference, State League of Municipalities, National
League of Cities and such other committees thereof which Worthington
serves as a member. Worthington will use good judgment in her outside
activities sot hat she will not neglect her primary duties to the City.
6. CIVIC CLUB MEMBERSHIP. The City recognizes the desirability of
representation in and before local civic and other organizations, and
Worthington is authorized to become a member of such civic clubs or
organizations as deemed appropriate at City expense.
7. RETIREMENT, ICMA PLAN. The City agrees to continue the agreement
provided by the ICMA retirement plan and the City of Falcon Heights.
Any contributions to the plan will be deducted from Worthington's annual
salary as stated in Paragraph 2 above.
8. TERMINATION AND SEVERANCE PAY. Either party may terminate this
Agreement at any time. In the event of termination by Worthington,
Worthington shall give the City 45 days' notice in advance.
In the event of termination by the City, or if any of the following occur,
the City shall pay severance pay, subject to withholding taxes, in a lump
sum cash payment equal to three months' salary:
a: Worthington resigns as a result of a reduction in salary or other
financial benefits of Worthington in a greater percentage that any
across the board reduction for all City employees.
b: Worthington resigns as a result of the City's refiusal, following written
• notice by Worthington, to comply with any other provision of this
Agreement.
43
• c: Worthington resigns following a formal suggestion by the City that she
resign.
In the event of termination by the City for the following reasons, the City
shall have no obligation to pay severance pay:
d. Worthington's termination is either because she is unwilling or unable
to continue to perform the duties of the City Administrator;
e. Worthington's termination is because of her dishonesty or theft of the
City's property;
f. Worthington's termination is because of her commission of a crime or
other act which would materially damage the reputation of the city; or
g. Worthington's termination is for just cause.
In the event of a dispute about termination under paragraph 8g, the
parties agree to submit the issue to non-binding arbitration under the
Rules of the American Arbitration Association. If the arbitrator agrees
• that the termination was for just cause, Worthington shall receive no
severance pay. If the arbitrator finds that the termination was without
just cause, the termination shall stand, but Worthington shall receive
severance pay. Provided, however, that since the arbitration proceedings
are non-binding, either party may, after receiving the arbitrator's decision,
elect to initiate legal proceedings on the "just cause" termination issue.
Since other provisions in this contract are not subject to the non-binding
arbitration requirement, disputes under this contract may be litigated
without resorting to arbitration.
9. GENERAL EXPENSES. The City recognizes that certain expenses of a
non-personal and generally job affiliated nature are incurred by
Worthington and hereby agrees to reimburse or to pay said general
expenses subject to Council approval
10. GENERAL PROVISIONS. The text herein shall constitute the entire
Employment Agreement between the City and Worthington.
This Agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of Worthington.
This Agreement shall become effective April 15, 2000.
•
X44
If any provision, or any portion thereof, contained in this Agreement is
• held to be unconstitutional, invalid, or unenforceable, the remainder of
this Agreement, or portion thereof, shall be deemed severable, shall not
be affected, and shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Falcon Heights on a unanimous vote of
its City Council has caused this Agreement to be signed and executed in its
behalf by its Mayor and Worthington has signed and executed this
Agreement, both in duplicate, the day and year first above written.
Susan Gehrz
Mayor of the City of Falcon Heights
State of Minnesota
Heather M. Worthington /%
•
4S
POLICY HS
6/22/05
C:
ITEM: Consideration of Guidelines for meetings of the City Council and
Planning Commission
SUBMITTED BY: Sue Gehrz, Mayor
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: This document represents guidelines that can be used by commission members,
council members, and citizens during public meetings in the City. These guidelines are
currently in use in several suburban cities, including Shoreview, Plymouth, and Hugo, and in
other states. These guidelines should be included in the training manuals for commissioners, and
council members, and included in the administrative manual.
ATTACHMENT:
• Draft of public meeting guidelines on pages
• ACTION REQUESTED:
• Discussion
•
~~
CITY OF FALCON HEIGHTS
City Council and Commission Meetings
Public Meeting Guidelines
Adopted June 22, 2005
I. Listen
Learn to listen so that you hear clearly what your fellow commissioners have to say,
what citizens have to say, and what staff has to say. Focus on listening, rather than on what
you will say in response. State what you think you heard and ask for clarification before
responding, in an effort to enhance understanding. Listen with respect for the individual
speaking and for what is being said in order to build trust. Listen with an open mind. Urge
persons of various points of view to speak and promise to listen to these positions seriously.
II. Seek Consensus
By listening with an open mind, it is possible to discern common ground among many
competing viewpoints. Seeking this common ground and creating a consensus means that the
process may be more important than the product. Sometimes more study on an issue helps to
create consensus and may offer opportunities for finding commonalities of interest.
• III. Disagree Agreeably
Reasonable people with good intentions may disagree with one another. Disagreement
is not bad as long as the opinions of others are treated with respect. Don't lose sight of the
issue at hand during a heated debate. Avoid grandstanding-reasonable arguments clearly
backed up by careful homework may win a debate rather than making other commissioners
uncomfortable with hyperbole. Conflicts can be an opportunity for new insights, learning,
and individual and organization growth. Disagreements can illuminate a topic in helpful
ways and can present solutions to problems that previously had not been seen. The successful
resolution of conflict can bind people together in powerful ways.
IV. Respect the Will of the Majority
Live with the results of a vote on an issue. Debate may be lively and heated, but once a
decision is made and a vote taken, it is important to recognize this decision as the intent of
the majority of the commission and take no actions to undermine this decision. Move on,
without rancor.
V. Respect the Rights of the Minority
Be sensitive to the feelings and concerns of those who do not agree with the majority.
Respect their rights of conscience.
•
y'1
VI. Treat Everyone with Respect
Do not publicly embarrass or humiliate fellow commissioners, citizens, or staff. While
disagreements are expected and acceptable, always maintain an atmosphere of good will and
respect, no matter who is speaking. Focus on ideas and suggestions instead of questioning
people's motives, intelligence or integrity. Do not ask questions or make statements in a way
that will intimidate or judge others.
VII. Share Information
Always share relevant information with fellow commissioners and staff, so that
everyone has the same information. Staff members also must make certain that information is
shared with all commissioners in a timely manner.
VIII. Make Decisions in the Open
Create an environment in which the City's business is conducted in the open and in
which debate is encouraged and valued. Adhere not only to the letter, but also to the spirit of
the Open Meetings law. Avoid speaking for the Commission as a group outside of
Commission meetings.
IX. Nurture the Value of the Individual; Recognize the Strength of the Team
Individual commissioners have differing strengths, interests, and abilities. Take
• advantage of these differences when discussing issues-not everyone can be an expert on
every issue. Learn what perspectives individuals bring to discussions. However, never lose
sight of the fact that the Commission's legal and political strength comes from working as a
team. Constituents expect their elected and appointed officials to learn to work together and
with citizens to further the best interests of the City as a whole.
X. Trust Your Judgment; Make Tough Decisions
Commissioners are appointed to make informed decisions and recommendations. Seek
many opinions on an issue. Ten calls on a particular issue may not represent the feelings of
all residents. Find out who is impacted by decisions. Trust your judgments to decide what is
best for the City as a whole, while protecting the rights of individual citizens.
XI. Avoid "Meeting Night" Tunnel Vision
Resist the temptations to form a perception about how the City functions based on what
happens on Commission meeting evenings. Problems are resolved, projects are planned,
citizens receive service, and decisions are made throughout the week. Keep what happens at
Commission meetings within the context of the operation of the entire City.
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XII. This Too Shall Pass
Controversial issues may cause sleepless nights. However, there will always be another
issue looming on the horizon that may be just as controversial. Over time, it will be difficult
to remember what was controversial a mere three months earlier. Keep a balanced
perspective, and above all, maintain a healthy sense of humor.
-ideas taken from Shoreview's Council Manual; City of Plymouth Staff & Commission
Guide; City of Hugo's Public Meeting Guidelines; Loveland, Colorado's Council
Orientation Guide; and the 204`h General Assembly of Presbyterian Church guidelines.
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