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Items Discussed Per Consensus .lit ': E' ::}}.;;t•:::, 1. Discussion of Everest(Cathy Bennett, Director of Economic Development) 2. Discussion of Joint Powers Agreement for Ramsey County GIS Users Group (Pam Sheldon, Community Development Director, Dave Windle, City of Roseville) 3. Discussion of Pedestrian Bridge over Highway 10 (Pam Sheldon, Community Development Director) 4. Discussion Regarding Old Highway 8 Assessments, and Reconstruction of 41110 Program and Clifton Drive in the Business Park(Everest Building N Project(Mike Ulrich, Public Works Director) INIPMINWRACIPOPII 5. Recreation Position(Chuck Whiting, City Administrator) 6. Discussion of Bel Rae Grant Application(Chuck Whiting, City Administrator) 7. Discussion of DPW Contract (Chuck Whiting, City Administrator) 8. Employee Health Insurance (Chuck Whiting, City Administrator) 9. Discussion of Office Layout(Chuck Whiting, City Administrator) 10. Discussion of Office Hours (Chuck Whiting, City Administrator) • 111/ 11. Discussion of Legal Fees/Retainers (Chuck Whiting, City Administrator) 12. Finance Reporting (Bruce Kessel, Finance Director) 13. Statuts of TIF Districts(Bruce Kessel, Finance Director) 14. Close Session for Golf Course Litigation(Bob Long, City Attorney) 15. Police Department Issues(Tim Ramacher, Police Chief) • • • To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: February 3, 1997 City Council Work Session Date: January 30, 1997 We have several items we would like to discuss with you on Monday evening. Here they are: FINANCE ISSUES Finance Reporting: Bruce and I have discussed how best to keep the Council informed on the City's finance and budget status throughout the year. We would like to set up a simple and straight forward reporting system that keeps the Council in touch, but does not overwhelm with information nor set off time consuming inquiries over routine matters. From a perspective standpoint, I, as an administrator,would prefer to have a council with a sense of what is happening in the budget during the year and how cash flow of the city is managed,rather than have to explain each bill that gets paid. While I am sure that questions naturally will arise from individual bills, I am more concerned that an understanding of how finance works in order to have a coherent policy approach is clear between staff and Council. Bruce's memo addresses an approach and discussion can be devoted to this as the Council wishes on Monday. ECONOMIC DEVELOPMENT ISSUES • Discussion of Everest Building G Proposal: We have enclosed some information for you over the last two weeks regarding Everest's request for funds for improvements to their building G in order to bring a new business to the park. While we have been evaluating the proposal for its feasibility, we have also been in contact with the community this business is currently in so as not to unnecessarily compete with them, and the other community we understand they are considering moving to. Cathy and I will address both aspects of this proposal Monday evening. Assuming the proper elements are in place for a decision to be made,we will likely want to bring this to the Council for a final action at the February 10 meeting. COMMUNTrY DEVELOPMENT ISSUES Joint Powers Agreement for Ramsey County GIS Users Group: Pam will address this. A joint GIS system with our neighboring I-35W communities has been a priority over the last several months, and this will be a good step towards achieving that objective. Pedestrian Bridge: This Council needs to be brought up to speed on this item. Pam,Mike and I can review its status with you Monday. PUBLIC WORKS ISSUES • Odds and Ends: Mike will review the status of a few of his projects and how the City may proceed. Among Mike's topics will be assessments for Old Highway 8 and the status of the mechanic position in his department. IIIPOLICE ISSUES Police Department Issues: Chief Tim will be present to address the concerns brought up at the last meeting regarding drug activity in town. ADMINISTRATIVE ISSUES Employee Health Insurance: Bruce and I will attempt to cover the employee health insurance program and how it came to be what it is. If the Council chooses to, it will be helpful to staff to have a clear understanding of where the Council would like us to go with this issue in 1997. Recreation Position: While the Council okayed staff to move ahead with advertising for this position, the gist of the interest appeared to focus on two issues, one, is the position as described in the advertisement and job description necessary for the pay involved, and two, an overall approach to our personnel needs and services provided should be evaluated and clearly understood by the Council. We can address these interests and those related Monday evening. City Hall Office Layout: I would like to discuss with you some work staff and I have been doing in considering some changes in the office layout. My reason for wanting to consider this is to get my office more in the flow and feel of the building, not only with employees but with the public. I 411111 also want to minimize some of the stresses that appear to have built up with some positions and the tugging and pulling that comes with getting assignments done and interacting with the public. I think we have come up with a good plan and want next to price it out. While this item wasn't in the budget for 1997, I am considering it a study issue, and if costs are nominal would attempt to proceed with it at some point. We will have drawings by meeting time. Public Works Personnel Agreement: Perhaps this items will generate discussion about City personnel practices. What is in your packets is the agreement with shaded areas noting changes from the prior year's agreement. The employees in Public Works collectively bargain, but are not an organized union. The issues for 1997 are some small increases in clothing and safety glasses allotments, a change in probation period and the 3% pay increase the rest of the employees received. One addition that I proposed, first during the police contract and then in this agreement is Article 23 which allows an employee to use accumulated sick leave for after separation health insurance coverage instead of receiving severance pay. The intent in the police contract was to discourage use of sick leave for those who have accumulated so much that they were more likely to use it when they knew they were separating from City service. No one has used this yet in police, and may not since we now think there may be prohibitive tax consequences to the individual. The premise however I think still gives some favor to the City since the City can avoid a large one time severance outlay if the employee chooses to take this option. One issue that does not get addressed in this agreement has to do with Article 25 regarding lead • man pay. There was a request to make one individual a lead man in the parks department and while there may be reasons to consider it, I feel organizationally it is an awkward situation to formalize. I have discussed at length with our two department heads and the guys in DPW the • questions this proposes, and will with the Council as well if you choose to. This issue may lead to questions about who is in charge of this area and whether we need two departments or not. My observation has been that these are organizational questions and not personality issues. We can discuss this more fully if the Council chooses to, but I would like to get the agreement approved at the February 10 meeting. Bel Rae Grant Application: I want to inform the Council that there is a state grant allocation for construction of buildings for children and teen activities. The funds are through the Minnesota Department of Children, Family&Learning and is called a Youth Initiative grant. Its purpose is to help design, furnish, equip, repair, replace or construct parks and recreation buildings and school buildings for enrichment activities. We were clued into this in our discussions with Community Ed on their Bel Rae space. I have asked Mary Saarion to work on this and if successful, it could be part of the Bel Rae project. It has a February submission date, but unlike most other grants, it does not require any Council action for submittal. Council approval will be needed later on however, so doing this does not commit the City to anything at this point. I don't want to get overly committed to the idea of receiving this money at this time, but we understand grants have been committed for up to $500,000. City Hall Office Hours: Another subject the Council may be interested in is stars consideration of changing City Hall office hours. Currently we are open from 7 a.m. to 5:30 p.m. I find that with employees working only 40 hour work weeks, this can cause some problems in coverage and payroll accounting. While customer service has been a high priority, I am not sure this objective is being clearly met by these hours. We have discussed changing to an 8 to 5 day with perhaps Mondays open until 6. Another option may be 7:30 to 4:30 days. For now I don't see changing until spring at the earliest, and even then try to coincide it with a change in the office layout. I see this as an efficiency move and not a detriment to customer service. With a new phone system and improvements that can be made to our internet capacity, I think we can do several things to improve customer access to City Hall this year. Legal Fees and Attorney Retainer: Last month I discussed with Bruce and Bob Long setting up a clear work relationship with the City Attorney. After a couple of drafts, the letter from Bob Long lays out an arrangement I find acceptable. I am concerned that in 1996 our use of the City Attorney was not controlled adequately, although I am satisfied with his work. Another concern and one I need to work some more on is our relationship with our TIF attorney at Briggs& Morgan. I want to clarify that as well with Cathy Bennett so as not to create conflict or duplication in our legal areas. Golf Course Litigation Status: Bob Long will be present to update the Council on the golf course litigation. For this we will be asking the Council to close the meeting. That is all for now. Have a good weekend and see you Monday evening at 6 p.m. Item No. / • Staff Report No y'7-1g54e_ Meeting Date:2/3/97 Type of Business:WS City of Mounds View Staff Report To: Mayor and City Council From: Cathy Bennett,Economic Dvelopment Director Subject: Everest Group,Building G Date of Report:January 30,1997 The Everest Group,representing owners of Building G,have submitted a request for tax increment assistance to attract a local computer manufacturing company to Mounds View. Their request includes a$500,000 up front grant from the City's excess TIF funds to pay for a portion of the needed building renovation and tenant improvement costs required to attract the company per the attached letter from Rob Davidson on January 22, 1997. Also attached is a summary of the sources and uses of funds for the project and an evaluation of the project information to substantiate the public purpose of the assistance making several assumptions regarding financing terms and lease rates. Chuck,TIF Consultant Dave Maroney and I would like to present an alternate proposal to the Company in the form of a semiannual lease write down over the term of the lease of 10 years.(see memo dated January 1111 31st) I have discussed this with our TIF Attorney Jim O'Meara and he has assured me that this proposal is in compliance with our tax increment plan. We were hoping to present this option to the Company this week but were unable to schedule a meeting. We are anticipating a meeting with the company the first week in February. Therefore, we wanted to briefly discuss the project with the EDA to gauge your comfort level of a lease subsidy. In addition, if a proposal is presented at a February meeting,you will be aware of the project and be able to make an educated decision. Although the company would like to stay confidential at this time,we do know that they are currently is Roseville and have outgrown their leased space. I have informed the City of Roseville of the companies desire to move. I believe that Roseville does not have current available space to accommodate the company's time frame. It is better to keep the company within the 35W Corridor rather than lose them to another suburb outside the 35W Corridor or another state. Cathy Bennett,Director of Economic Development Item No. t Staff Report No. qr./--l°& C..- Meeting Meeting Date: 2/3/97 III Type of Business:Work Session WK Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business Ci of Mounds View Staff Report To: Mayor and City Council From: Pamela Sheldon,Community Development Director Item Title/Subject: Joint Powers Agreement for Ramsey County GIS User Group Date of Report: January 28, 1997 Summary: The Ramsey County GIS Users Group has prepared a joint powers agreement between Ramsey County and its constituent cities, which is designed to create an intergovernmental group to work with Ramsey County on establishing and maintaining a county-wide geographic information system. The information would consist of a base map showing all parcels in the County as well physical features such as buildings, road edges, and water bodies. The parcel map can be used as a base map to which each city can add such information as comprehensive plan designations,zoning districts, land use, utility lines, and parks and trails. The county-wide information system would also give access to property data maintained by the Department of Property Records and Revenue. Each city could also link the parcel map to its own data bases. It would then be possible to map such items as calls for service to the Police Department, code enforcement cases, building permits, and participation in recreation programs,as soon as this information is linked to property IIIidentification numbers. The Joint Powers Agreement is attached,and has been forwarded to the City Attorney for review. We expect comments to be available for you at your work session, or at the latest, at the City Council meeting on February 10. The JPA calls for a one time membership fee of$500.00, and an annual"data access and physical features maintenance fee." The annual fee is based on population. A list of the proposed fee schedule for all of the Ramsey County cities is attached. The annual fee for Mounds View would be $1,506. A three-year commitment to paying the annual fee is part of the agreement. The member cities would pay their annual fees to the GIS User Group, and the User Group would make one payment to Ramsey County. Staff regards having access to a county-wide geographic information system, which includes both a parcel-based map and links to Ramsey County property records and data on physical features, as an invaluable tool. Discussion of the uses of a geographic information are noted in the background section below. The Ramsey County GIS Users Group is asking for action on the Joint Powers Agreement by March 1. Background: An effort has been underway for some time to create a Metrowide geographic information system for the seven counties in the Twin Cities Metropolitan Area. Metro GIS was formed and obtained funding from the State legislature and the Metropolitan Council to work with counties to make 0 property data and a parcel-based map available to their cities. Approximately 18 months ago, Ramsey County formed a GIS Users Group to develop a system for cities to access this information. The aim of the Users Group has been"to encourage organizations to cooperate through the sharing of resources, data and ideas, primarily for the establishment and maintenance of geographic information systems within local units of government." City of Mounds View Staff Report Joint Powers Agreement for Ramsey County GIS User Group January 30, 1997 Page 2 • Geographic information systems make it possible to display the information in data bases on maps by linking the data to physical locations. The link most often used by counties and cities are the property identification numbers assigned to parcels by the County Assessor. Mapping often gives the data more meaning because it shows patterns and relationships. A map of code enforcement cases will show whether there are areas where these cases are concentrated much better than a listing of cases. Understanding patterns helps in developing policies on how to deal with issues and deciding where to focus resources. Cities also use maps to show the location of water, sewer and storm drain lines, snow plow routes, pavement management, comprehensive plan designations,zoning districts, parks and trails. It is much easier to update and revise maps which are in digital form on a computer than if they are hand-drafted. It is also possible to change the scale of these maps much more quickly and easily. Mounds View creates and maintains these types of maps. A geographic information system which produces computer-generated maps is a much more efficient way to do this work. Mounds View has been working to establish a geographic information system,and is close to completing a parcel-based map. Because of conflicting demands on staff time, however, it has been difficult to proceed beyond this very initial step to add layers of information and to link data collected in the various departments to the map. Joining the GIS Users Group would deliver an up-to-date parcel map which would also show physical features including buildings, road edges, and water bodies, with this information maintained and updated by Ramsey County. It would provide access to County property records and save the cost of subscribing to IRIS. Staff • anticipates that the comprehensive plan designations,zoning districts, land use and road names will be added to the parcel map through the 35W Corridor project. Participating in the Ramsey County GIS Users Group will further our efforts to establish a geographic information system for the City of Mounds View. Staff recognizes that there may be some question regarding the fees involved in joining the GIS Users Group. We have invited David Windle, GIS coordinator for Roseville and a key person in the formation of the users group, to attend your meeting to help in explaining the fee schedule. Recommendation: Schedule consideration of the Joint Powers Agreement for the Ramsey County GIS User Group for action on the February 10, 1997 meeting. Staff recommendation is for approval with modifications, if any, recommended by the City Attorney. Pamela Sheldon, Community Development Director C:\OFFICE\WPWIN\WPDOCS\SPECPROJ\GISMAP\USERJPA WS S JOINT POWERS AGREEMENT BETWEEN III MEMBERS OF THE RAMSEY COUNTY GEOGRAPHIC INFORMATION SYSTEMS USERS GROUP This JOINT POWERS AGREEMENT is entered into pursuant to the provisions of Minnesota Statutes Section 471.59 between body politic and corporate under the laws of the State of Minnesota and other bodies politic and corporate under the laws of the State of Minnesota for the purposes of forming the Ramsey County Geographic Information System Users Group hereinafter referred to as the"Users Group". ARTICLE I. INTENT OF THIS AGREEMENT: In 1995, an alliance was formed between public agencies interested in using Geographic Information Systems (GIS) and data created and maintained by Ramsey County. This agreement is intended to enable those parties who are part 0 f the Users Group to be represented by the Users Group for the purposes of undertaking negotiations and ansactions with Ramsey County and any other body politic. ARTICLE H. DEFINITIONS: Section 1. Members are deemed to be those local units of government, special purpose government units, local agencies and the Ramsey Soil&Water Conservation District who have executed this Joint Powers Agreement and have paid requisite fees. Section 2. Affiliate Members are those county, regional, state and federal agencies, local government organizations with regional jurisdiction and local government cooperative organizations with direct or indirect involvement in Ramsey County GIS activities. Affiliate membership must be approved by the Board. Affiliate Members are non-voting participants and are not eligible to serve on the Board. Section 3. Associate Members are those private sector companies invited by a Member to participate in the Users Group and who agree to pay requisite fees. Associates are deemed to be non-voting participants and are not eligible to serve on the User Group Board of Directors. III Page One ARTICLE III. USER GROUP STRUCTURE: Section 1. The Users Group will be governed and managed by a Board of Directors. Section 2. One Director will represent each Member organization. Section 3. Directors will be selected at the discretion of each Member organization. Section 4. The Board shall also have a Chair, Vice Chair, Secretary, Treasurer and a Fiscal Agent. Section 5. These positions are elected annually by the Board. Section 6. These positions are undertaken on a voluntary basis without pay. Section 7. A quorum will consist of at least a two-thirds attendance of full membership of the Board. Section 8. Decisions will be made by majority of the quorum. ARTICLE IV. DUTIES OF THE BOARD OF DIRECTORS: Section 1. The Board shall meet at least two times per year. Section 2. The Board shall conduct an organizational meeting no later than 30 days after the effective date of this agreement. The meeting will be called for the purposes of electing the positions of Chair, Vice Chair, Secretary, Treasurer and Fiscal Agent. This meeting will allow the adoption of by-laws and other procedures governing the conduct of its meetings and its business as it deems appropriate. Section 3. The second mandatory annual meeting will be called by the Board to determine the User Group Budget, review the operating procedures within the Joint Powers Agreement, and approve agreements with Ramsey County for the purposes of GIS data exchange, data access, data delivery and the updating of physical features. Section 4. The Board shall approve and adopt the formula for the distribution of costs associated with access to Ramsey County GIS data and for the updating of physical features. This formula will be reviewed annually by the Board. Section 5. The Board shall arrange for and facilitate regular meetings of the User Group and for User activities. Section 6. The Chair presides at meetings of the Board. The Vice Chair will preside in the absence of the Chair. The Secretary is responsible for recording the proceedings of the Board and communicating these proceedings to all Member organizations. The Treasurer is responsible for the funds and financial records of the Board. Section 7. The Chair and the Treasurer must sign vouchers or orders disbursing funds of the Users Group. Disbursement will be made in the method prescribed by law for statutory cities. Section 8. The Board may take such actions as it deems necessary and convenient to accomplish the general purposes of this agreement. Section 9.The Board shall purchase liability insurance on behalf of the Users Group to insure against liability of the Users Group and its constituent Members. Section 10. The Board may: (i) enter into contracts to carry out its powers and duties; (ii) provide for the prosecution, defense, or other participation in proceedings at law or in equity in which it may have an interest; (iii) employ such persons as it deems necessary on a part-time, full-time or consultancy basis; (iv) purchase, hold or dispose of real personal property; (v) contract for space, commodities or personal services with a Member or group of Members; (vi) accept gifts, apply for and use grants or loans of money or other property from the state, the United States of America, and from other government units and may enter into agreements in connection therewith and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement rela • thereto. Page Two ARTICLE V. NEW MEMBERS: • Section 1. Those units of government who are not part of this initial agreement may join the Users Group at any time. Section 2. To become a Member, they must agree to sign the current Joint Powers Agreement. Section 3. The New Members will pay the current one-time membership fee and the data exchange fee as culated by the current formula. Fees will not be pro-rated for new Members who join after January 1 of each year. ARTICLE VI. GIS DATA TO BE SUPPLIED BY RAMSEY COUNTY: Section 1. It is the intent of this Agreement that the Users Group will negotiate an agreement with Ramsey County for the exchange of County GIS Data with Members at a preferential fee structure. A component of the fees will apply to the maintenance of digital physical features only after these features have already been updated from 1996 aerial photography. Section 2: The GIS Data should consist of the following components: (i) The Ramsey County Digital Base Map as generated and maintained by the Department of Public Works. (ii) The Ramsey County Attribute Data Base as generated and maintained by the Department of Property Records and Revenue. (iii) The Physical Features File as generated and maintained by the Department of Public Works. Section 3. The Board will negotiate on behalf of the Members for the cost and method of access to this data. The Board must be satisfied as to the content, accuracy and timeliness of the data to be supplied. ARTICLE VII. GIS DATA TO BE EXCHANGED AS PART OF THIS AGREEMENT: Section 1. A Member will agree to exchange any GIS data with Ramsey County and with any other Member 1110 Affiliate Member for its own use where that data has been in some way derived and developed from the County S Data supplied as a result of future agreements between the Users Group and Ramsey County. A Member will agree to exchange with Ramsey County and with any other Member or Affiliate Member, any attribute data that it has created and maintained where that data can be associated to a parcel using a parcel identifier. A Member will also agree to exchange any building permit data deemed by Ramsey County as necessary for the identification of future physical feature data base updates. Section 2. The Board will negotiate with Ramsey County on behalf of the Members in all matters deemed necessary relating to supply of GIS data generated by a Member. Section 3. Any costs associated with the supply of data to Ramsey County or any Users Group Members shall be for access and delivery of that data only and not for any costs associated with the development of that data. ARTICLE VIII. DATA ACCESS AND USAGE: Section 1. All Members shall have equal rights to access Ramsey County GIS Data. Section 2. Data generated by Ramsey County and provided to Members may not be sold by Members to third party agencies. However, data may be used by a third party for specific contracted purposes. Data generated by Members and provided to Ramsey County may not be sold by Ramsey County to third party agencies. However, data may be used by a third party for specific contracted purposes. Section 3. Data derived from Ramsey County GIS Data by any Member may be sold or exchanged by that Member of the Users Group to a third party. Section 4. All members will adhere to future Users Group license agreements for County or other agency 4IS data. Section 5. Associate Members will not have access to Ramsey County GIS Data except where directed by Member to use data as part of a project under specific contracted guidelines. Page Three ARTICLE IX. DATA SECURITY: All Members of the Users Group agree to abide by the data privacy and data security standards of the supplying agency when using data made available by that agency. ARTICLE X. FINANCIAL MATTERS: • Section 1. The fiscal year of the Users Group is the calendar year. Section 2. The Board shall adopt an initial budget and must thereafter adopt an annual budget prior to July 1 of each year. The Board will give an opportunity to each Member to comment or object to the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each Member organization. Section 3. Operational costs shall be shared according to a method agreed upon by majority decision amongst the Board of Directors. The costs could be met by membership fees. These costs could include Users Group administrative costs, purchase of liability insurance and others as appropriate. Section 4. Membership Fee: Members and Associate Members will agree to pay a one-time membership fee of$500 to the Users Group for the calendar year 1997. The amount of this fee will be reviewed and set annually by the Board of Directors for new Members. Section 5. Data Access and Physical Features Maintenance Fee: Members will commit to a three-year payment of data access and physical features maintenance fees. Ramsey County will charge the Users Group on an annual basis for unlimited access to the Ramsey County GIS Data. This fee will be paid to Ramsey County by the Users Group on behalf of the Members on an annual basis. The amount to be paid by each Member will be determined by the Board of Directors and will be reviewed annually. Section 6. Special Projects Assessments: Members who wish to enter into special projects and consultations shall present proposals to the Board for revie Examples of special projects could be cooperative training or consortium purchase of software. Upon approval b the Board, those Members who are part of the project will be assessed to meet the cost of the project. Section 7. Billings to the Users Group Members are due and payable no later than 30 days after mailing. In the event of a dispute as to the amount of a billing, a Member must nevertheless make payment as billed to preserve membership status. The Member may make payment subject to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing within 60 days results in suspension of voting privileges of the Member Director. Failure to pay a billing within 120 days is grounds for termination of membership, but the Users Group rights to billing are not affected by the termination of membership. ARTICLE XI. TERM Section 1. This agreement shall be in force through December 31, 1999, or until superseded by another agreement. Section 2. Based on the annual review of the operating procedures within the Joint Powers Agreement conducted by the Board of Directors, a new Joint Powers Agreement will be developed and circulated at least three months prior to December 31, 1999 and be agreed upon and signed on or before December 31, 1999. Page Four • ARTICLE XII. TERMINATION: Each member shall have the right to terminate its membership and participation in the Users Group with or without ouause by formal resolution of the board of the Member's organization. However, the Member is still obligated to its rrent financial commitments at the time of cessation of membership. These commitments include: (i) any balance of the Data Access/Physical Features Maintenance Fee. This commitment applies to all Members. (ii) any balance owing on Special Projects Assessments. This commitment applies to Members which have entered into any special project agreement(s). ARTICLE XIII. DISSOLUTION: Section 1. The Users Group may be dissolved by a two-thirds vote of its Members in good standing. Dissolution is mandatory when the Secretary has received certified copies of resolutions adopted by the governing bodies of the required Members requesting dissolution of the Users Group. Section 2. In the event of a dissolution, the Board must determine the measures necessary to effect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement and law. Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the Users Group will be distributed among the then existing Members in direct proportion to their cumulative annual contributions. If those obligations exceed the assets of the Users Group, the net deficit of the Users Group will be charged to and paid by the then existing Members in direct proportion to their cumulative annual contributions. ARTICLE XIV. ACCESS TO DOCUMENTS: Ilkntil the expiration of three years after this Agreement terminates, the Users Group shall make available to the Member organizations and to the State Auditor, a copy of this Agreement and books, documents, accounting procedures and practices of the Users Group relating to this Agreement. ARTICLE XV. HOLD HARMLESS: Section 1. Each Member agrees to defend, indemnify and hold the other Members harmless from any claims, demands, actions or causes of action, including reasonable attorney's fees, against or incurred by such other Members, arising out of any act or omission on the part of the indemnifying Member or any of its agents, servants or employees in the performance of or with relation to any of the work or services provided by Members under the terms of this Agreement. Section 2. Nothing in this Agreement shall constitute a waiver by either Members or the Users Group of any limitation of liability under Minnesota Statutes Chapter 466. SECTION XVI. EQUAL EMPLOYMENT OPPORTUNITY: Section 1. The Members and the Users Group agree to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public assistance, disability or age. Section 2. When required by law and requested by the other party, the Users Group shall furnish a written iirmative action plan to the Members. Page Five • SECTION XVII. DATA PRACTICES: Section 1. All data collected, created, received, maintained or disseminated for any purpose in the course of either the Member's or the Users Group's performance of this Agreement is governed by the Minneso Government Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act. Section 2. The Members and the Users Group agree to abide strictly by these statutes, rules and regulatio Page Six WITNESS WHEREOF the parties have caused this Agreement to be executed on this_day of 4111F97. ORGANIZATION Approved: By: ( Mayor/Chair/President ) By: ( City Manager/Administrator ) • Page Seven Ramsey County GIS Users Group January 24, 1997 • TO: City Managers,Administrators and Elected Officials of Future Member Organizations of the Ramsey County GIS Users Group 11111 FROM: David Windle(on behalf of the Ramsey County GIS Users Group) See attached sheet for listing ofpotential Members,Associates and Affiliates SUBJECT: Joint Powers Agreement between Members of the Ramsey County GIS Users Group It is with great pleasure that I forward to you a copy of the Joint Powers Agreement between potential Members of the Ramsey County GIS Users Group for your perusal and hopefully for your acceptance. Over the past eighteen months,many individuals from a wide variety of backgrounds have worked hard to build the Group and keep it functioning. The aim of the Users Group has been to encourage organizations to cooperate through the sharing of resources,data and ideas,primarily for the establishment and maintenance of geographic information systems within local units of government. The Joint Powers Agreement presented here is the document which enables the Users Group to act as a legal entity on behalf of its membership. For each organization to be able to receive the full value of membership for the year,it is imperative that the JPA is signed by Member organizations before March 1,1997. After this date,each organization will be able to join only as a New Member. New membership would require that the full amount of fees be paid, but data access and other membership benefits will be available for only the portion of the year remaining after the JPA has been signed. The data that is available throughthis agreement consists of a digital representation of the Ramsey County parcel base map and associated attribute data from its taxation data base. In addition,a digital graphic representation of physical features such as buildings,road edges,water bodies etc.will be accessible. These data sets form the foundation for any parcel-based GIS and would be very expensive to develop,maintain in-house. In addition,those organizations who request these data sets outside the User Group can do so individually,but will be charged for data access each time an updated base is required. The attached Fee Allocation Sheet details the formula to be adopted by the Users Group and the resulting fees which are to paid annually by each organization for a three-year period. The formula is based upon the population served by each organization as calculated by the latest available figures from the Metropolitan Council. In addition, a population factor is applied to similar categories of agencies based upon the value of data available to the Member. In the case of the City of St. Paul, an allowance has been made for the special relationship with Ramsey County through past and ongoing assistance in GIS data base creation and maintenance. Please contact either myself on 490-2219 or Cliff Aichinger(Administrator-Ramsey/Washington Metro Watershed District) on 777-3665 for further details. We thank you for your consideration and prompt action in approving the JPA for your organization. Yours S. cerely, ' I l4.' David Win,le-City ofRoseville • . Ramsey County GIS User Group Fee Allocation 1997 (Refer to Joint Powers Agreement) Version 11:December 30, 1996 1. Membership Fee 'once only flat fee for each user. $500 III 2.Annual Data Access&Physical Features Maintenance Fee *Initial Fee period commences on January 1, 1997 and annually thereafter from Jan. 1 *Members commit to a three-year payment of these fees Entities not participating will be charged as per the existing County fee schedule. ($364 per Mb of data plus$45 per hour processing) Organization Category: Population Factor. St.Paul' 25 Municipalities 100 School Districts 7.5 Watershed Districts 7.5 Ramsey Soil&Water Conservation District 2 University of Minnesota(Facilities Management) 2 Metro East Development Partnership" 0 Fire Departments" 0 'Non-standard organization **considered part of the municipalities Note: The fee is calculated by multiplying the(population factor x(population 1 per capita rate(S0.12)) (eg.New Brighton-(22328 x1.0)x(0.12)_$2679) Breakdown by organization: Organization Name: Est.1994 Population Units 1997 Fen population Factor Assigned served pat CwmD Arden Hills 9426 1.000 9426 ' $1,131 Falcon Heights 5297 1.000 5297 $636 Gem Lake 449 1.000 449 S54 Lauderdale2718 1.000 2718 $326 ill Little Canada 9225 1.000 9225 $1,107 Maplewood 32903 1.000 32903 $3,948 Mounds View 12552 1.000 12552 $1,506 New Brighton 22328 1.000 22328 $2,679 North Oaks(X) 3644 1.000 3644 x $0 North St.Paul 12809 1.000 12809 $1,537 Roseville 33674 1.000 33674 $4,041 Shoreview 25957 1.000 25957 $3,115 S[Pau1 271660 0.250 67915 $8,150 Vadnais Heights 11968 1.000 11968 $1,436 White Bear Township 10236 1.000 10236 $1,228 White Bear Lake 25398 1.000 25398 $3,048 Ramsey/Wash Metro WD 150000 0.075 11250 $1,350 Rice Creek WD(X) 9 0.050 x SO Ramsey SWCD 492909 0.020 9858 $1,183 Mounds View Schools ? 0.050 x SO Nth St.Paul/Maplewd Sch(X) ? 0.050 x SO Roseville Schools 50172 0.075 3763 5452 St.Paul Schools ? 0.050 x $0 White Bear Lake Schools ? 0.050 x $0 U of M(Facilities Mgt) 271660 0.020 5433 x $679 Total: $37,606 Note:Those entities assumed to be non-participants are designated with(X). Entities wishing to enter as a participant partway through the annual maintenance fee period will pay the full annual amount designated for that site and will not be pro-rated. gisfeeI 1.wb2 • Item No. 3 Staff Report No. Q"1' f(.58- • Meeting Date: 2/3/97 III Type of Business: Work Session WK.• Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Pamela Sheldon, Community Development Director Item Title/Subject: Pedestrian Bridge Over Highway 10 Date of Report: January 30, 1997 Summary: Staff is taking this opportunity to provide a history of and status report on the pedestrian bridge across Highway 10 at the Long Lake Road intersection. Several steps must be completed for the bridge to be constructed this summer, which is the current schedule. These are described under Tasks in Progress later in this report. Background: History of Grant Application: For many years there has been discussion regarding the fact that Highway 10 cuts the City in half • Safe accessibility between the two halves is restricted. Movement to and from destinations such as schools, parks, the library, businesses and restaurants is difficult especially for senior citizens and youth who walk or ride bicycles, as opposed to driving. There have been discussions for some time about building a bridge across Highway 10 to improve access for youth and all walkers and bicyclists. The cost of construction, however, was viewed as way beyond the city's ability to pay. In 1992, City Council formed the Trailways Advocacy Group (TAG)to design a bicycle trailway system throughout the Mounds View community which would link to neighboring city and county trails, in an effort to create a coordinated system through St. Paul, Minneapolis and the northern suburbs(Resolution No. 4227). In addition, the TAG worked to design a trailway system within Mounds View which would connect various destinations within the community and provide safe access for walkers and bicyclists. Highway 10 continued to be a stumblingblock to creating this system. No matter where the TAG proposed to make a crossing, the dangers of the highway persisted. The TAG discussed building a bridge and suggested that if funding could be found, they would recommend that the City proceed with this project to improve accessibility throughout the community. In 1991, Congress passed the Intermodal Surface Transportation Efficiency Act(ISTEA)which provided funding for transportation improvements. ISTEA required, however, as a condition of funding, that state and local governments analyze and plan for transportation needs in a more 41) comprehensive way. Attention was to be given not only to streets and highways, but also to transit and trailways. The types of funding available encouraged alternatives to vehicular travel, City of Mounds View Staff Report Highway 10 Pedestrian Bridge January 30, 1997 411 Page 2 including the construction of trailways and pedestrian bridges. On March 28, 1994, the Mounds View City Council approved the submittal of a grant application under ISTEA for construction of a pedestrian bridge over Highway 10 at Long Lake Road. The grant application was submitted on March 30, 1994 and approved for the 1996-1997 funding cycle. The amount of the grant was $480,000. Selection of Consultant; Bridge Design The City Council authorized a request for proposals being issued, and six firms submitted proposals. The firms were interviewed by a six-person panel of staff members and a City Council representative, and BRW was recommended to City Council for selection. City Council agreed with this recommendation and then appointed a citizen task force to work with BRW to select the location and design of the bridge. The crossing at Long Lake Road was recommended since there is a trailway system and sidewalk along the full length of this road from north to south through the community and it is approximately at the center between the east and west boundaries of Mounds View. In addition, the Ramsey County library is near this intersection, and Long Lake Road is a primary route for school children going to Edgewood Middle School and Irondale High School. A bridge at this location would give access between Wildwood Manor, a senior citizen housing development, and the Mounds View Square Shopping Center. The citizen task force recommended a spiral design rather than the original switchback design • submitted with the grant application(see attached diagram). The switchback design would have involved long ramps on both sides of the highway. Along the Mounds View Square frontage, they would have blocked views of the shopping center from the highway and interfered with access. It was also questionable whether people would use the bridge if the access points were at the end of long ramps far from the intersection. The spiral design was considered much more graceful, attractive and functional. This design did require, however, getting easements from the property owners on both sides of Highway 10 and dealing with an existing drainage detention pond on the Mounds View Square property. Sabri Ayez, representing BRW, presented the spiral design to City Council which was approved as the preferred design. Funding and Budget: The grant funds 80% of the project construction costs, with the community paying 20% of construction costs plus engineering and inspection costs. Resolution No. 4843 was passed by City Council on November 13, 1995 which identified the following funding sources to pay the City's share of bridge costs: Franchise Fee $ 82,642 Special Projects Fund $ 41,558 General Fund $ 31,000 Street Light Fund $ 25,000 Activity Fund $ 10.800 • • $190,000 City of Mounds View Staff Report Highway 10 Pedestrian Bridge January 27, 1997 Page 3 • These funds were to be used as follows: Match Funds for Grant $120,000 Engineering Design and Inspection Costs $ 65,000 Contingency $ 5.000 $190,000 Tasks in Progress Acquisition of Easements:Easements have been obtained from Wildwood Manor and from Ramsey County to allow construction of the bridge abutments on the south side of lEghway 10. These easements were obtained at no cost. In September, 1996, it was unclear whether the owners of the Mounds View Square Shopping Center would be willing to grant an easement for the bridge abutments on the north side of the highway. The City and the property owner were in the middle of considering a variance request which would allow Mounds View Square to exceed the usual sign code requirements to compensate for the visual obstruction created by the bridge. The property owner did not feel they could grant the easement until they knew the outcome of the variance request. BRW advised us that we needed to get the easements before the end of 1996. Because of this deadline, the City Council passed Resolution No. 5009 initiating eminent domain proceedings to obtain the easement, as insurance to make sure the City could demonstrate • to MnDOT we had the easements needed to build the bridge. Since then, the property owner has gotten approval for the variance request and has been cooperative in proposing an agreement which is expected to shorten the eminent domain proceedings and save the City costs. Obtaining the easements is being handled by the "quick take" procedure under Minnesota State Law. The next step is a hearing before the court on January 29. If the judge signs orders approving the taking of the easement, he or she will refer the matter to a panel of three commissioners to determine the value of the easement and how the property owner is to be compensated. Our attorney expects the commissioners to selected by the second week in February. A hearing will be held two weeks later after the property has been viewed by the commissioners, approximately at the end of February. It is possible that the commissioners would make an award at the viewing, but if not, an award could be made at the hearing if there is agreement on the determination of value. Meanwhile, our attorney is working on stipulations which would award the easement for$10.00 by agreement with the property owner. To date, the legal costs to deal with the easement on Mounds View Square property have been approximately $2,850. 2. Preparation and Approval of Bridge Design: The preliminary design for the bridge has been submitted to MnDOT and comments have been provided to BRW. They expect to submit the formal design by January 31. To date, the design costs incurred by BRW have • been approximately $31,750. City of Mounds View Staff Report Highway 10 Pedestrian Bridge January 27, 1997 III Page 4 3. Resolution of Drainage Issues: On September 3, 1996, the City Council discussed several options for dealing with the detention pond with City Engineer Rocky Keehn. The options are listed below: 1 - Sump manhole; no surge manhole $20,000 2 - Sump manhole; with surge manhole $27,000 3 - New pipes; no surge manhole $88,500 4 - New pipes; with surge manhole $95,500 5 - Bury storage including retention storage $165,000 6 - Bury storage including no retention storage for sumps $233,000 7 - New storm sewer $139,000 8 - Do nothing $40,000 City Council directed that Option#2 be pursued and authorized a budget of$30,000 for construction plus $3,900 for design. This option would leave the pond in place but replace the material in the bottom of the pond so the water percolates into the ground more quickly. It also involves installing a sump manhole and surge manhole. It was expected that the cost would be paid from the Surface Water fund. To date, approximately$7,600 have been spent on engineering and development of alternatives, also from the Surface Water fund. This amount was not part of the $33,900 authorized by • City Council on September 3. The City Engineer has indicated that they have about 1-2 days worth of work to complete the redesign of the detention pond to incorporate Option#2. 4. Construction Bidding and Award, Completion of Bridge. * * * * * To date, the City has expended approximately $42,000 in engineering design and legal costs. It is unknown what the cost of the easement on the north side of the highway will be until the commissioners handling the eminent domain proceedings determine a value. The final cost on redesigning the detention pond so it remains in place but accommodates the bridge will be available once the final design is completed. potutibLsi)L.u. , Pamela Sheldon, Community Development Director cc: Mary Saarion, Parks&Recreation Director Mike Ulrich, Public Works Director Russ Nordstrom, 2536 W. County Road H2, Mounds View MN 55112 0 C:\OFFICE\WPWIN\WPDOCS\SPECPROJ\HWYBRIDG\CCMEMO.2 c-E-3 . 62580O rOa71. O O O7c,s2. i7_7s. r7INI ° av5r=ffltwyo VIN7T4t / . \ \ e. L__ J \• r� \ \'.\ \ \. ss <111frial ` • 4 E.B.T1-I.10 \`\ \ , :%/ ER. NO. 62583 *ie. 2 :\ \\:\ ,Itt, ►11111111Nise \ •�� \ ,� \.\ \.\ WS.T1.1.10 C3 0 O'` s\ . 1 OL=c; Ilk s\.. \ 04E--.O ,\ `\ SP: /%�O� .\ .\ BA' / E // / I' 1\ .\ . B\ i/ r— `\.\ `\ \ 1 JJ \ —TT1 ALL QUANTITIES AND Sit.EL.219.414 DIMENSIONS ON THIS i i i i l m i l i t i i PLAN ARE IN METRIC TTW. -60 frit WEST CF LONG mmnesoto metric UN ITS. ROAD,3011TH SIDE OF T.H.i. SCHEDULE OF QUANTITIES FOR ENTIRE BRIDGE NO. 62583 2021501 2401501 2401501 2401512 2401541 2401541 2401543 _ 2452501 2452508 2452519 OISILIZATION STRUCTURAL STRUCTURAL BRIDGE REINFORCE-REINFORCE- SPIRAL CJP. GIP. GIP. CONCRETE CONCRETE SLAB MENT BARS MEM BARS REINFORCE- CCNGRETE CONGrctit CONCRETE (1A43) (3743) CONCRETE (EPDXY MINT PILD4 PILING TEST PILE (3Y36) COATED) (EPDXY DELIVERED DRIVEN m LONIG COATED) 310 mm 310 mm 310 mm LUMP SUM CU.METER CU.METER 5G.MtTEK KILOGRAM KILOGRAM KILOGRAM METER METER EAU-4i 111!-- 1 X (P) X (P) X (P) X no) X (P) X (P) X X X Item No. 4 Staff Report No. q7- /9 9 e Meeting Date: February 3, 1997 • Type of Business: WK WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Director of Public Works Ulrich Item Title/Subject: Pubic Works Issues Date of Report: January 30, 1997 Old Hwy 8 Staff met with Barry Peters of SEH to review the proposed mock assessment for Old 8 Thursday. Staff will draft a letter that we will send to the nine(9)property owners informing them of the public hearing and their proposed assessment next week. We will somewhat personalize the letter to the property owners not on Old 8, informing them that we will assess them for storm sewers because portions of their property drain to the system installed on Old 8. In speaking with Ramsey County officials, it could be possible depending on the weather and frost conditions, that the low bid contractor may begin some work on the project prior to the award of the bid by the County. This apparently is not unusual particularly with early spring projects. The • contractor is assuming they will award the bid and is working on his own. The City will not be liable for any claims due to the contractors actions. The question might arise, that what if the property owners or residents object to the assessment. They could still award and construct the project since it will receive State Aid funds for the entire project. Spring Lake Road The City is scheduled to receive Spring Lake Road from Ramsey County through the turnback program in 1997. Staff was given direction from the prior Council to proceed with reconstruction of the two segments within the City of Mounds View in 1998. Staff has been in contact with the City of Spring Lake Park to negotiate a joint powers agreement to join Mounds View's project in reconstructing their segment of Spring Lake Road and Pleasant View Drive. Spring Lake Park is still undecided as to the time table they might pursue. Staff is seeking Council's authorization to continue in this direction. A contract for engineering services will need to be negotiated for design, plans and mock assessment rolls. Wellhead Maintenance Staff received bids for City projects 97-1 and 97-2, Wellhead Maintenance for wells 3 and 5. Staff will review the bids more throughly and make a recommendation for award at the February 10, 1997 regular Council meeting. The recommendation will also include a request to transfer $15,000 from 1996 budget designated for wellhead maintenance. Staff was unable to perform maintenance of well 3 due to operational pumping demands and weather. • City of Mounds View Staff Report January 30, 1997 Page 2 Mechanic Position • As stated in recent issues of This Is It, staff has been proceeding through the interview process for hiring a mechanic. Through the 1997 budget process it was approved to replace the vacated maintenance position with a mechanic. This structure will allow the Public Works Foreman to more effectively perform his position responsibilities of supervising, scheduling and working with the various crews. Interviews were conducted with five applicants on Wednesday. Staff is requesting authorization to offer one of the applicants the position. He is currently a mechanic for the City of Eagan and is very well qualified. If Council has any questions or concerns regarding these issues, please feel free to call me. G / 491 chael Ulrich,`Director of Public Works 4110 • • /Y 3 • MEMO To: Chuck Whiting From: Mary Saarion Subject: Replacement position Date: January 16, 1997 As per your request, I will further explain the rationale for seeking a college graduate for the position of Recreation Program Supervisor. As you know, the comp worth system establishes salaries based on the work that is to be performed. If a person does engineering work, that person is paid as an engineer. If a person does secretarial work, that person is paid as a secretary. If a person does planning, the person is paid as a Planner . . . . and so on and so on and so on. The person is paid for what they do, not for the amount of degrees that they have. Whether a high school student or a PHD, the person is paid for the work that is performed. So, . if a person was hired as a Recreation Program Supervisor, no matter if a person was a high school student or a PHD in Physics, either would be paid equally for the work of a recreation program supervisor. However, it is assumed that the person with a college degree would be more capable, having more experience and more maturity than the high school student. Therefore, it is better to seek a more qualified person to fill a position vacancy. The pay is determined by the work being 411) performed. Therefore, it is to the city's greatest benefit to attract the best possible person for the work being perfomed in that position. That person, in my estimation is a college graduate in the field of Parks and Recreation Administration. The job of this person includes recruiting, hiring, training, supervising and evaluation part time employees and volunteers in recreation leadership positions including lifeguards, water safety instructors, specialty interest instructors, coaches, referees and officials, youth activity leaders, chaperones, and others. The job entails administering personnel as well as time sheets, work schedules, purchasing equipment and supplies and completing work agreements. The job entails planning programs and activities, making arrangements for facilities and transportation. The job entails budgeting, marketing, customer service, and evaluating each program as to it's success or failure. The job entails working with other entities including schools, churches, community organizations, Ramsey County, and neighboring communities to get the best opportunities for the community as possible at a reasonable cost. The job requires creativity to find ways of finding activities and events. The work of recreation programming and supervision has been given a point determination which correlates to a salary range through the Comparable Worth Program. This law states that salary must reflect work being performed. It is the Comparable Worth requirement that the City must abide by in establishment of salaries - salaries comparable to the work that is done. Recreation Program Supervisor position has been given a score on a point scale that is relative to a certain . salary. So, while the salary is pre-determined with the work that is performed, the city gains more in hiring the most qualified person, because whether or not the person is highly or lowly qualified • Chuck Whiting, Administrator Page 2 January 16, 1997 does not change the salary -which is pay for work done. Therefore if a secretary was hired to do recreation program planning and supervision, the secretary would no receive secretarial pay, but would be paid for doing recreation program planning and supervision as a Recreation Program Supervisor. Persons are paid for the work performed. The salary does not change in getting the best qualified person to perform the job. • pnng J Lake Park 4Iprr laine 1 \4 ounds View FIRE DEPARTMENT HEADQUARTERS January 10, 1997 Mr. Dave Olson Cross of Glory Church 5472 Adams Street Mounds View, MN 55112 Dear Mr. Olson: I am in receipt of your letter dated December 30, 1996 addressed to the attention of Ms. Sheldon regarding a code change with respect to the fire suppression system. As the local Fire Chief the Uniform Fire Code designates me to act as the final authority in Fire Code matters. Furthermore, the Code provides that each adopting entity provide an appeals process subject to appeal by either party to a State Appeals Board. The City has some latitude in 0 naming this Appeals Board and has designated themselves as the local board. An unacceptable decision in either parties opinion could be subsequently appealed to the State Board. The Local Board and Fire Chief are bound in the appeals process to the limits of the Iocally adopted code. In the case of Fire Detection Systems the code does not provide an exception with respect to Automatic Fire Suppression Systems thereby placing the Council in a position of granting a compromise not allowed under the code. While they have the power to take a vote on this issue it is unlikely that they prefer to and would do so. I understand from your letter that you are proposing to substitute the detection system for a suppression system. Since this is not allowed under the code what really needs to be done is repealing of the sprinkler code. To remove the sprinkler requirement from your signed construction agreement would require the council to repeal that section of the Fire Code which adopted the sprinkler ordinance. This would have to be done as provided for in their city charter and would probably take some time. It would be best to receive confirmation in writing of your desire to repeal the sprinidering amendment which should be forwarded as soon as possible and may be done by fax to 786-9617 with an original to follow. Please understand there would be another code requirement should you be successful in your endeavor to repeal the sprinkler code. Since the Church agreed to the requirement it was . unnecessary to bring this item forward before this, however, should repeal occur the code provides that a local fire department must have access to all buildings. With the addition to the 1710 Highway 10 Spring Lake Park.MN 55432 Phone: 612-786-4436 Fax: 612-786-9617 Emergency: 911 building the church would not be compliant on this issue and thereby needs to provide an access road to the rear of the structure. The code further provides that when access roads are required and installed a water supply(on-site hydrants) must be installed. In the initial plan review it was determined by myself and the local fire marshal that you would have to comply with this. The code further provides the local Fire Chief with an ability to waive this option if the structure is fully sprinidered. Our policy is to waive the road in lieu of sprinklers even though the code provides us with an ability to require both. Our experience has been that the cost of the road and hydrant typically exceed the cost of sprinklers and provides no insurance premium savings. I hope the information contained in this letter is helpful to your situation. It is my understanding that the council will be addressing the issue in a workshop format on Monday February 3, 1997 with subsequent action to occur at a future Council meeting. I will keep you apprised of the meeting dates and times as they become more specific. Enclosed is a copy of a memo I prepared for council on this issue for your information. If I can be of further assistance or you wish to discuss this matter in more detail I can be reached at 786-4436 or 860-7442 or at home in the evenings at 780-1433. Sincerely, Py(pp-Lj r Nyle Zikmund Fire Chief cc. Mounds View City Council Administrator Whiting Community Development Director Sheldon Fire Marshal Bishop 410 January 13, 1997 Executive Summary of Code Change Request- Cross of Glory Background: Cross of Glory is adding approximately 6,166 to their present structure of approximately 8,000 square feet. The City of Mounds View adopted the Uniform Fire Code Appendix E back in 1983 requiring additions and existing buildings to be sprinklered. The Church has signed a construction agreement with the city that has the sprinkler requirement included. Fire Code Authorization and Appeals Process: The fire code places final authority with the local fire chief and requires a local and state appeals process. The council has appointed themselves as the local appeals board with either party having the right to appeal the local opinion to a state board. Mr. Olson has submitted a written request to pursue a code change specific to a substitution of a detection system in place of a suppression system and has inferred a possible desire to repeal the code. The City Municipal Code does not reflect the adoption of the sprinkler requirement due to an oversight omission by the codifiers. Attorney Long prepared and delivered a written opinion that the code is in effect despite it's absence from the Municipal Book. 111) Issues: The fire code does not allow a substition of a detection system for a sprinkler system thereby forcing the council to conduct an illegal or non-allowable act. Rather,to relieve the Church of the requirement they would have to repeal the code as provided for in the charter when repealing codes. Additionally, City Hall is in violation of this specific code requirement,however,plans that include a funding component are in the process of being finalized. (Estimated cost$35,000) Fire Department Position: Fire Department recommends denial of the request and any subsequent request to repeal the code as the sprinkler code has allowed continuation of a volunteer force at substantial cost savings. This is evidenced by the fact that for comparable cities, Mounds View realizes some of the lowest per capita fire protection costs in the State. Additional benefits include significant improvements in life safety and property protection. Summary: Sprinklers return their initial cost in all cases through insurance premium savings. The cost of fire protection is borne by the actual recipient. Documented cases of head activation's in the fire district, as compared to unsprinklered buildings, show savings on a regular basis in the millions of dollars. Potential injury to occupants and emergency responders is negated when fire is extinguished or controlled by sprinklers. Fire Department Memorandum To: Mounds View City Council From: Fire Chief Zikmund Date: January 13, 1997 Re: Cross of Glory Code Change Request In a letter dated December 30, 1996 and signed by David Olson acting in the capacity of Construction Chair the Cross of Glory Church is requesting the city to allow a fire detection system as a substitute for an automatic fire suppression system (fire sprinklers). Background: Earlier this year the Cross of Glory Church submitted plans for additional space to their existing structure. The Planning Department along with the Fire Marshal provided plan review and feedback notifying the applicant of the need to sprinkler the new addition as well as the existing space as allowed and adopted under the Uniform Fire Code subsequently adopted by the City of Mounds View(1983). Appendix E, (Chapter 1306) is the sprinkler option requiring the additional space as well as retrofitting of existing space since square footage allowances provided in the building code are exceeded. The applicant responded with concern over the sprinkler issue citing substantial cost incursion • for minimal life safety trade-off. Additionally,the applicant noted City Hall being deficient suggesting a selective application of the code and a failure on the City's part to adequately conform to their adopted code. Subsequent meetings and site visits by planning officials and myself eventually resulted in the church accepting the requirement as they subsequently signed a construction agreement dated November 20, 1996 which contained an item(1 e.) stating "Compliance with Automatic Fire Suppression requirements of the Municipal Code" as a conditional item. In his letter dated December 30, 1996 Mr. Olson requests a copy of the applicable code as found in the Municipal Code Book. Due to an oversight admitted by the codifiers this section was omitted from the last publication. At a July council meeting Attorney Long provided a verbal and written opinion(dated July 23, 1996) stating that this omission in publication does not rescind the code. Rather, a specific process to repeal codes must be followed which has not occurred thus leaving the present code applicable. Furthermore, Code Official Jarson stated that the city had been applying the code section as required. Mr. Olson along with other members of the parish were present at the meeting as well as myself when Attorney Long presented his opininion. 110 • 40 Page 2 January 13, 1997 Fire Code Authorization and Appeals Process: The Uniform Fire Code places final authority with the local fire chief. In certain situations the local chief may accept changes,reductions, or variances if other "safety" provisions are provided. One example of this would be eliminating access roads and on-site hydrants in lieu of a sprinkler system. The fire chief is seldom left with discretionary powers and must assure that either the code or an authorized exception is included. If an applicant or recipient of fire orders feels aggrieved the code requires an appeals process which includes a local and state component. The council is currently appointed(by themselves) as the local appeals board and must act on submitted requests. Either party may appeal the local decision to the State Board whose decision is final. In Ms. Sheldons letter to Mr. Olson dated December 19, 1996 she advises a written request for repealing the local code requirement. Furthermore, she advises Mr. Olson of the expectation that Council would oppose such change based upon the discussions that occurred during the application and review process. Mr. Olson has submitted the request which discusses the hardships incurred on small business and churches suggesting repealment. However,the specific request appears to be the substitution • of a detection system in lieu of the suppression system. The council has no policy or formal procedure for appeals and as such should accept Mr. Olson's request as such notice requesting an action. Issues: The fire code does not recognize fire detection systems as a substitute for suppression systems. In order for the church to not sprinkler the building the City would have to repeal the Appendix E sprinkler provision as provided for under the repeal process. Subsequently,the City must amend the Construction Agreement to reflect the change. It is not possible, under the Fire Code,to selectively apply provisions to a single occupancy or class of occupancies. The sprinklering(or lack of) of City Hall was researched and found to be in violation of the fire code. Sufficient blame can be placed on any number of people as to why this occurred,however, upon evidence of non-compliance, efforts have been generated to obtain compliance versus affixing blame. Administrator Whiting is aware of the issue and has formulated a plan to address the issue. City Hall is the only structure that is non-compliant with respect to the issue. Again, the fire code allows the local chief to work with the occupant on any deficiencies allowing sufficient time in the resolution of such. Mr. Olson makes several references to the State Building Code 16,000 square foot rule. He claims the State used this rule in the calculations of safety for firefighters. Additionally,he states that churches were excluded under the 16,000 square foot rule since they are occupied only a few • hours per week. In discussions with Building Official Jarson and a subsequent discussion with Page 3 January 13, 1997 State Building Official Steve Herrick and State Fire Official Jon Nisja none of them are aware or have heard of this exception. Fire Department Position: While life safety is an issue,property preservation is of utmost importance. Sprinkler systems address both and represent the single most effective tool in controlling fires in the history of mankind with a 98%plus success rate. Fighting fire in a 1,000 square foot house is extremely dangerous much less a ten to fifteen thousand square foot building. The uniform fire code places (expressed opinion) little confidence in detection systems as they do not require outside monitoring thereby allowing significant fire growth during unattended hours. Furthermore, the department has changed response to detection calls based upon considerable national and local research revealing emergencies in less than 1/2 of 1%of all calls received. Detection systems are notorious for malfunctions, detecting human error, and not being maintained. Additionally,their purpose is to detect and warn occupants which is wholly different from the fire control and extinguishment goal of sprinklers. Since the code does not allow for a substitution a full repeal of the sprinkler amendment would be required in order for the church to be relieved of the requirement. The department provided Commercial Risk Service(ISO)numbers to the church prong a twelve to twenty year payback on insurance premium savings dependent upon premium growth due to inflation. Further documentation was offered from the State Fire Marshal shoe assembly occupancies having arson as the leading cause of fire with significant dollar loss differences between church arson fires in which sprinklers were present versus where they were not. Information not provided to Mr. Olson was the fact that lacking a automatic sprinkler suppression system the church would need to provide an access road and on-site hydrant due to the distances encountered and as provided for in the fire code. Past experience has proven the access road construction costs accompanied by the on-site hydrant costs to exceed the sprinkler cost. Under the philosophy of obtaining compliance versus mandating compliance, we do not advise applicants of this provision and who have not been provided this information by their architect(who should know) unless we reach a point where we feel this is needed. The down side of this is revealed in the present situation as Mr. Olson, and the Church agreed to the condition thereby negating the need for this action. Subsequent repealing of the code would then require them to comply with this section. Mr. Olson has now been advised of this condition. Page 4 • January 13, 1997 Summary: Fire sprinklers work and have proven time and time again to be the absolute solution to fire prevention and suppression. An activation at Bauer Welding earlier this year resulted in a loss under$500 compared to historical losses in the hundreds of thousands and millions. The cost of sprinklering is always offset by insurance premium savings and depending upon the occupancy class and accompanying hazard, occurs in as little as three years and can go up to twenty years. This "cost" of fire protection is rightly born by the occupant rather than the taxpaying citizen base who would otherwise need to fund more and larger equipment and manpower needs. Commercial and industrial fires, in my opinion, are the leading need in career fire departments. Adoption of the sprinkler code in all three of the cities we protect has allowed the Fire Department to provide volunteer protection to a combined population of 62,000 where numerous other cities with less population and some or all career people. In the case of churches and schools the problem is more prolific as those occupancies tend to require and use more public resources despite being exempt from the property tax roles. • Item No. 1 Staff Report No. 97- l'&(> C Meeting Date: February 3, 1997 illType of Business: WK WK: Work Session;PH:Public Hearing; CA:Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Chuck Whiting From: Lynnette Morgan Item Title/Subject: 1997 Public Works Labor Agreement Date of Report: January 30, 1997 The following articles have been modified as discussed at the November 25, 1996 and January 28, 1997 negotiation meetings. Article 14 - Probationary Period. Increase probationary period for new hires to 12 months. Article 15 - Safety- Safety glasses increase reimbursement amount from a$65 maximum to $70 in a two year period. Article 19 - Clothing - Safety shoes increase from $35 to $50 per year iio Article 23 - Severance and Retirement Benefits. Severance language follows City's policy. Retirement benefit is consistent with police language. • LABOR AGREEMENT III BETWEEN THE CITY OF MOUNDS VIEW AND STEVEN D. DAZENSKI LAWRENCE DECHEINE WILLIAM G. HANGGI WILLIAM G. HANSON GARY G. KARDELL WALLACE R.MORTENSON JEFFREY WIENKE TIMOTHY FREDBERG • JANUARY I , 1997 - DECEMBER 3 I , 1997 1 • ARTICLE 1. PURPOSE OF AGREEMENT. 4 • ARTICLE 2. CITY AUTHORITY 4 ARTICLE 3. APPLICABILITY OF CITY PERSONNEL CODE 4 ARTICLE 4. GRIEVANCE PROCEDURE 5 ARTICLE 5. DEFINITIONS 5 ARTICLE 6. SAVINGS CLAUSE 5 ARTICLE 7. WORK SCHEDULE 5 ARTICLE 8. OVERTIME PAY 6 ARTICLE 9. CALL BACK 6 ARTICLE 10. LEGAL DEFENSE 6 ARTICLE 11. RIGHT OF SUBCONTRACT 7 ARTICLE 12. DISCIPLINE 7 • ARTICLE 13. SENIORITY. 7 ARTICLE 14. PROBATIONARY PERIODS 7 ARTICLE 15. SAFETY 7 ARTICLE 16. JOB POSTING 8 ARTICLE 17. INSURANCE 8 ARTICLE 18. INJURY ON DUTY. 8 ARTICLE 19. CLOTHING 9 ARTICLE 20. STANDBY DUTY. 9 ARTICLE 21. PERFORMANCE REVIEWS 9 ARTICLE 22. JOB CLASSIFICATION SYSTEM. 10 • ARTICLE 23. SEVERANCE 12 2 ARTICLE 24. WAGES 13 ARTICLE 25. INTERMITTENT LEAD WORKER 13 III ARTICLE 26. DEPARTMENT LEAD DESIGNATION 13 ARTICLE 27. DURATION. 14 • 1111 3 ARTICLE 1. PURPOSE OF AGREEMENT. • This AGREEMENT is entered into by and between the City of Mounds View, hereinafter called the CITY, and the named members of the City's Public Works and Parks Department, hereinafter called the EMPLOYEES. The intent and purpose of this AGREEMENT is to: 1.1 Establish the conditions which will govern the employment relationship between the CITY and the EMPLOYEES in the Public Works Department including Garage, Parks Maintenance, Street Maintenance, Sanitary Sewer Operations, Water Operations and other maintenance areas the CITY may add; 1.2 Establish hours, wages and other conditions of employment; 1.3 Establish procedures for the resolution of disputes concerning this AGREEMENT's interpretation and/or application; 1.4 Specify the full and complete understanding of the parties; and 1.5 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. . The CITY and the EMPLOYEES,through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE 2. CITY AUTHORITY. 2.1 The CITY retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically addressed or limited by the AGREEMENT. 2.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall be governed by Chapter 300 of the Municipal Code, entitled Personnel, and shall remain solely within the discretion of the CITY to modify, establish, or eliminate. ARTICLE 3. APPLICABILITY OF CITY PERSONNEL CODE 3.1 Except where specifically superseded by this agreement, the Personnel Code, Chapter III300 of the Municipal Code, of the CITY shall regulate all conditions of employment. 4 ARTICLE 4. GRIEVANCE PROCEDURE 4.1 The grievance procedure for the EMPLOYEES shall be as prescribed by Section 308 of • the Personnel Code. 4.2 Grievances relating to performance reviews shall be limited to Steps 1 and 2 of the established procedures. ARTICLE 5. DEFINITIONS 5.1 "EMPLOYEE" means an individual who has successfully completed the required probationary period and who employed on a schedule of at least 40 hours per week and 80 hours per pay period and who is subject to the terms of this agreement. 5.2 "BASE PAY RATE" means an employee's hourly pay rate exclusive of any other special allowances. 5.3 "SENIORITY" means length of continuous service with the CITY for purposes of promotion,transfer, layoff and recall. 5.4 "CALL BACK" means return of an employee to a specified work site to perform assigned duties at the express authorization of the CITY at a time other than an assigned shift. An extension of or an early report to an assigned shift is not a call back. ARTICLE 6. SAVINGS CLAUSE • This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the CITY. 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 judgement or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE 7. WORK SCHEDULE 7.1 The sole authority for work schedules is the CITY. The normal work day for an EMPLOYEE shall be eight(8)hours. The normal work week shall be forty (40)hours Monday through Friday. Hours per day and days of the week may be varied if mutually agreed between the CITY and the EMPLOYEE. 7.2 Service to the public may require the establishment of regular shifts for some EMPLOYEES on a daily, weekly, seasonal or annual basis other than the normal 7:00 a.m. - 3:30 p.m. day. The CITY will give seven(7) days advance notice to the EMPLOYEES affected by the establishment of work days different from the EMPLOYEES normal eight hour work day. • 5 7.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no . advance notice need be given. It is not required that an EMPLOYEE working other than the normal work day be scheduled to work more than eight(8) hours, however, each EMPLOYEE has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the EMPLOYEE from so working. 7.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE 8. OVERTIME PAY 8.1 Hours worked in excess of either eight(8)hours within a twenty-four(24) hour period (except for shift changes) or more than eighty(80)hours within a fourteen (14) day pay period will be compensated for at one and one-half times the EMPLOYEES regular base pay. Overtime worked on a holiday will be compensated at the EMPLOYEE's holiday pay plus two (2) times the regular pay rate. 8.2 Overtime will be distributed as equally as practicable based upon a list maintained by the CITY and in consideration of any special skill requirements. Work in progress will not be stopped merely to equalize overtime,but will continue with the crew assigned. 8.3 Overtime refused by EMPLOYEES will for record purposes under ARTICLE 8.2 be 11111 considered as unpaid overtime worked. 8.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTICLE 9. CALL BACK An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for a minimum of two (2)hour's pay at one and one-half(1 1/2)the employee's base pay rate. ARTICLE 10. LEGAL DEFENSE 10.1 EMPLOYEES involved in litigation because of negligence, ignorance of the laws, non- observance of laws, or as a result of EMPLOYEE judgmental decision may not receive legal defense by the City. 10.2 An EMPLOYEE who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the EMPLOYEE's employment, when such act is performed in good faith and under direct order of the CITY shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such EMPLOYEE in defending against such charge. 6 10.3 An EMPLOYEE classified as Level D in the Water area will be covered by the CITY's professional liability coverage and if, necessary,named separately in the policy. ARTICLE 11. RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the CITY from subcontracting work performed by EMPLOYEES covered by this AGREEMENT. ARTICLE 12. DISCIPLINE. The EMPLOYER will discipline employees only for just cause. Suspension, demotion and dismissal actions shall be regulated by the Personnel Code. ARTICLE 13. SENIORITY. 13.1 Seniority will be the determining criterion for transfers, promotions and layoffs only when all job-relevant qualification factors are equal. 13.2 Seniority will be the determining criteria for recall when all job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten(10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. ARTICLE 14. PROBATIONARY PERIODS • 14.1 All newly hired or rehired EMPLOYEES will serve a . - : - - : : .; •: :. :- twelve(12)month probationary period.. 14.2 Reclassified positions that have exhausted the twelve (12) month probationary period will serve a six (6) month probationary period. All EMPLOYEES will serve a six month(6) month probationary period in any job level in which the EMPLOYEE has not served a probationary period. 14.3 At any time during the probationary period a newly hired or rehired EMPLOYEE may be terminated at the sole discretion of the CITY. 14.4 At any time during the probationary period a promoted or reassigned EMPLOYEE may be demoted or reassigned to the EMPLOYEE's previous position at the sole discretion of the CITY. ARTICLE 15. SAFETY 15.1 The CITY AND THE EMPLOYEES agree to jointly promote safe and healthful working conditions,to cooperate in safety manners and to work in a safe manner. • 7 • 15.2 The City will reimburse up to 50% of the cost of a City approved purchase of prescription safety glasses to be used during working hours,the reimbursement amount not to exceed 1111 S $70 in a two (2) year period. ARTICLE 16. JOB POSTING. 16.1 The CITY agrees that permanent job vacancies within the department shall be filled based on the concept of promotion from within provided that applicants: 16.1.1 have the necessary qualifications to meet the standards of the job vacancy; and 16.1.2 have the ability to perform the duties and responsibilities of the job vacancy. 16.2 Employees filling a higher job level based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE 14 (PROBATIONARY PERIOD). 16.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 16.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 17. INSURANCE III17.1 The CITY will contribute up to a maximum ax mum of three hundred thirty dollars ($330)per month per employee for group health and life insurance for dependent coverage for calendar 1997. 17.2 By mutual agreement EMPLOYEES may use twenty-five dollars ($25.00) of the per month per employee of health insurance dollars for dental insurance. 17.3 EMPLOYEES not choosing dependent coverage cannot be covered at CITY expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by EMPLOYEES at the EMPLOYEE's expense to the extent allowed under the CITY's group policy. ARTICLE 18. INJURY ON DUTY. The Injury on duty benefit will be sixty (60) days with the first three (3) days to come out of sick leave and then sixty (60) days injury on duty. Any days beyond the sixty (60) days will then be taken from the EMPLOYEE's banked sick leave. EMPLOYEES receiving benefits under this ARTICLE shall not receive payments from the CITY which causes the EMPLOYEE to earn more than the EMPLOYEE's after tax take home pay earned while working. III 8 ARTICLE 19. CLOTHING. 19.1 The CITY will provide each EMPLOYEE with one (1) winter jacket every two (2) years. The winter jacket is to be cleaned and kept in repair by the employee. 19.2 The City will reimburse an employee up to $35.00/ycar or up to a maximum of$105.00 $50/year or up to a maximum of$150 in 3 years toward the purchase of one pair of safety shoes of a type approved by the City. ARTICLE 20. STANDBY DUTY. 20.1 EMPLOYEES assigned standby duty for a seven (7) day period shall be compensated at the rate of 7 hours of overtime. When a holiday falls within the seven (7) day period, an additional two hours at overtime rate shall be paid. Such standby pay shall be in addition to other compensation the EMPLOYEE is entitled to under this AGREEMENT including call back pay should the EMPLOYEE be required to return to the City to perform emergency work. 20.2 Standby duty will be made available to employees on a voluntary basis. Employees wishing to be assigned standby duty shall indicate their interest on a list maintained by the CITY. Employees wishing not to be assigned to standby duty shall not be included in the equalization of overtime under Article 8.2 and will be placed last on the callback list. 20.3 The EMPLOYEE on standby duty shall first be offered overtime for which he is 111 qualified. If it is refused, it shall be offered to other employees in accordance with Article 8.2 of this AGREEMENT. 20.4 In further consideration of standby duty, the CITY shall furnish a vehicle for the EMPLOYEE to take home at his choosing during the period of standby duty. 20.5 A schedule of employees and their assigned standby duty assignment dates shall be maintained by the Public Works Supervisor. EMPLOYEES may, with the permission of the Public Works Supervisor,trade standby duty on a day-to-day basis with other public works/parks maintenance employees. ARTICLE 21. PERFORMANCE REVIEWS. 21.1 The CITY will design a performance review form with the input of the EMPLOYEES. 21.2 The CITY will perform a performance review on an annual basis to help guide the employee in areas which need to be more fully developed and to determine the job level to which the employee will be assigned for the next fiscal year. 21.3 Performance reviews will be prepared by each employees' supervisor. Appeals must follow normal City personnel rules. 1119 ARTICLE 22. JOB CLASSIFICATION SYSTEM. II/ 22.1 A 4 (four) level job classification system designated as Levels A, B, C and D will be used to classify employees and establish wages. The requirements of the 4 Levels are as follows: 22.1.1 Public Services Worker- Level A Requirements • High School Diploma GED, or equivalent. • Valid Minnesota Class C Driver's License. • Successful completion of City's physical examination. • Demonstrated ability to meet the physical demands of the job; including, but not limited to, lifting, bending, climbing,reaching overhead, pushing, and pulling with out restriction. • Demonstrated ability to read, understand, and follow written and oral instructions including safety rules. • Demonstrated ability to perform job responsibilities in climatic extremes. • Demonstrated ability to perform routine repair and maintenance tasks in the following sections: Streets, Parks,Building Maintenance, Sewer, Water, &Vehicle Maintenance 22.1.2 Public Services Worker-Level B Requirements • Meet or exceed all Level A requirements; and • Successful completion of one or more years of relevant experience. • Possession of valid Minnesota Commercial Driver's license plus endorsements required by the CITY. • For current Level A employees, the following areas must be satisfactory on the most recent performance review: (For new employees coming in at Level B these areas will be judged by their references in relevant work experiences) • Safe work practices and safe driving record. • Adherence to tardiness and sick leave policies. • Demonstrated ability to deal effectively and tactfully with the public. • Demonstrated ability to work with a minimum of on-site supervision. • Working knowledge of job fundamentals. • Adherence to all City policies and procedures. 22.1.3 Public Service Worker- LEVEL C Requirements • Meet or exceed all Level B requirements; and • Successful completion of 3 or more years of relevant experience. • For employees with primary responsibility in the indicated area, the • following license/certificate will be required. 10 • All areas - Successful completion of a certified heavy equipment training program or equivalent training and experience. • Water- Class D Water SupplySystem Syst m Operator s Certificate • Sewer- Class S D Waste Water Operator's Certificate • Mechanic - Certification of successful completion of training in brakes, alignments,transmissions and driveline components, and vehicle electrical systems; and demonstrated proficiency in welding. • Streets - City certification in snow plowing, street patching, and demonstrated proficiency in both. • Parks -Basic proficiency in carpentry and plumbing demonstrated on the job to the satisfaction of the Parks and Recreation Director. • For current Level B employees,the following areas must be satisfactory on the most recent performance review: (For new employees coming in at Level C these areas will be judged by their references in relevant work experiences) • Working knowledge of all operations, preventive maintenance, and routine repairs of equipment operated or assigned to operate. • Working knowledge of methods and materials used in their areas of 111 responsibility. • Demonstrated ability to work without direct on-site supervision and to make on-site decisions related to work assignments. 22.1.4 Public Service Worker-Level D Requirements • Meet or exceed all requirements of Level C; and • Successful completion of 5 years of relevant work experience. • For employees with primary responsibility in the indicated area, or temporarily assigned to an area and in responsible charge, the following license/certificates will be required: • Water- Class B Water Supply System Operator's Certificate • Mechanic- Certification in computerized and electronic components, hydraulic systems, and completed training in propane fuel systems. • Parks - Minnesota Non-Commercial Herbicide/Pesticide Applicator License/Certificate and completion of liability training in parks operations (LMC Safety and Loss Control Workshop). Attendance at a workshop or • 11 seminar related to turf management and demonstration of a working knowledge of those principles. • • Streets - Certification of completion of training in MMUTCD signing, attendance of work zone safety class, demonstrated ability to supervise contract labor and perform all designated tasks of accountability, ability to formulate preliminary division budget and maintain proper budgetary expenditures and completion of liability training for public works operations (LMC Safety and Loss Control Workshop) • Sewer- Class S-C Waste Water Operator's Certificate. Demonstrated ability to effectively and efficiently operate jet truck for clearing sewers and cutting roots and inspection unit. Attendance of combined space and competent person seminar. Ability to formulate preliminary division budget and maintain budgetary expenditures. • Multiple Areas - Employees who meet the requirements for Level C classification in 3 or more areas; and must be normally assigned to these areas on a regular basis; irrespective of standby duty. Employees achieving Level D classification for skill in multiple areas must make substantial effort on an annual basis to receive the training and achieve required licensing for Level D in the area to which they are primarily assigned. • For Level C employees,the following areas must be satisfactory on the most recent performance review in order to be classified as Level D. • Demonstrated ability to lead a work crew. • Demonstrated ability to assist in scheduling other employees,materials, equipment and activities. • Demonstrated ability to assist in training of other employees. • Working knowledge of operations in all departments. • Demonstrated ability to assume supervisory duties in the absence of the Public Works Supervisor. • Demonstrated ability to respond to and resolve complaints effectively. ARTICLE 23. SEVERANCE 23.1 Severance pay shall be granted in the amount of fifty percent (50%) of the maximum accrual of one hundred and twenty (120) days of unused sick leave to employees who have completed ten years of service. Upon death of the employee, the beneficiary of the employee shall be paid the benefit, 23.2 Employees who have completed ten years of service and retire may elect, in lieu of severance pay as provided in Section 23.1.to have the employer use sixty five percent (65%) of the employee's accumulated and banked sick leave for the retiree's group 111 insurance premium for as long as the funds are available up to the retiree's 65th birthday. 12 ARTICLE 24. WAGES. 24.1 The following wage schedule will be in effect from the first payroll period in 1997 through the last payroll period in 1997. 1996 1997 (3%) LEVEL A $11.54 per hour $ 11.89 per hour LEVEL B $13.55 per hour $ 13.96 per hour LEVEL C $15.70 per hour $ 16.17 per hour LEVEL D $16.02 per hour $ 16.50 per hour 24.2 An EMPLOYEE classified in Levels B through D will receive wages listed for that level regardless of the area to which they are assigned, but will receive no less than the level to which they are classified. ARTICLE 25. INTERMITTENT LEAD WORKER 25.1 Under certain circumstances, the Public Works Director as well as the Parks and Recreation Director may determine the need for an Intermittent Lead Worker to be in charge of a work crew. This determination will be made at the discretion of the Public Works Director as well as the Parks and Recreation Director and may be based on the complexity of a task,the number of workers involved,the experience level of the workers assigned, or a combination of these factors. The determination of the Public Works Director as well as the Parks and Recreation Director is final and not grievable. 25.2 The CITY will maintain a sign-up list for those EMPLOYEES who are to be considered for Intermittent Lead Worker assignments. Selections for Lead Workers will be made from this list in accordance with the Public Works Director's determinations of the best qualifications. There will be no attempt to equalize distribution of Intermittent Lead Worker selections. 25.3 To be eligible on the sign-up list an employee must be classified as a Public Services Worker- Level D. Selections will be only for those areas in which the individual is classified. 25.4 The Lead Worker will receive a pay differential of$0.50 per hour while assigned as the Lead Worker. ARTICLE 26. DEPARTMENT LEAD DESIGNATION An employee who has been designated by the City to be Department Lead shall receive $1.00 per hour additional compensation. • 13 ARTICLE 27. DURATION. • This AGREEMENT shall be effective as of January 1, 1997 and shall remain in full force and effect until December 31, 1997. IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT on this day of , 1997. CITY OF MOUNDS VIEW: Mayor City Administrator EMPLOYEES: Steve D. Dazenski Lawrence Decheine William G.Hanggi • William G. Hanson Gary G. Kardell Wallace R. Mortenson Jeffrey Wienke Timothy Fredberg • 14 Item No. Staff Report No. -/9(p, L Meeting Date: February 3, 1996 Type of Business: WK • Cit of Mounds View Staff Report WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business To: Honorable Mayor and members of the City Council From: Bruce Kessel, Finance Director Item Title/Subject: Additional information on health insurance Date of Report: January 30, 1997 Based upon discussions and a review of prior years records, it appears that since the 1970's,the City has been paying a flat dollar amount per employee for basic life insurance (presently$10,000 per employee) and health insurance. In the early 1980's,the City modified its policy to allow the employee to use this amount to purchase basic life insurance and one or more of a basket of other benefit options which includes family or single health insurance, dental insurance and/or supplemental life insurance of up to three times the employee's base salary. In 1992, the amount paid towards this benefit per employee per month was $285, and increased to $300 in 1993, to $310 in 1994, and has been at$330 since 1995. For health insurance, employees are allowed to pick from four insurance plans, including Medica Premier, Healthpartners,Blue Plus, and the League of Minnesota Cities plan. Premiums range from $126 to $159 for single coverage and $320 to $406 for family coverage. From 1990 through 1995, • the City received its coverage under LOGIS (a municipal joint powers entity), and since that time through Public Employees Insurance Plan (State of Minnesota insurance plan). When the conversion was made in 1995, it resulted in lower insurance premiums but instituted co-pays. Employees are also more selective in the plans they choose and appear to try to maximize the coverage they can receive from both the City and their spouse's plan; for example, some employees select single family health insurance, but then use the remaining funds for family dental and supplemental life insurance. The makeup of City employees is constantly changing with retirements,terminations, etc., but in general, the City has 50 employees who are eligible for health insurance. All employees receive basic life insurance at a cost of$2.30 per month. Of the 50 employees, 18 have single coverage and the balance have family coverage. Fourteen employees have supplemental life insurance at a cost of $7 to $41 per month on average (with two employees above the average at$99 and $118), based upon age and amount of coverage. Twenty employees have some or all of single or family dental insurance paid, at a cost of$1.50 to $54 per month. There are three part time employees that are eligible for a pro-rata share of benefits based upon their hours (two employees work half time and receive 50%of the $330, and one employee works three quarter time and receives 75%of the $330 benefit). In the Stanton Group Six Cities (23 metro cities with populations between 10,000 and 25,000, municipal contributions for health insurance range from $275 to 464 per month. Seventeen of the cities pay some or all of the cost of dental insurance. • 9 . 0 . .., Wg, , I I,p 1 i i ti 0114,ttpth molt lif , . iitika.,hot, him qv))ttivi,, iv,-1.4,1p,If. I'lipttitli, _ • ' I _____ _________ — • 1••21I: - ,,,vi..I t' I/ i - . -----:: --1 • , • .i.G9V1,1( 11-, L. TIK/ 1)11/- aoti 13/ wry ikootikW021fiVGTOvi P.tPPilti1>rilikret 1 . 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OI c O E c� 0m O `m OC t0 O a, • "' 0 > a 0 E CD_ Q U E O 0 a R C O C Ucp Ic 17, C O E c m C m as • o y m E CD 2 ,co E Z O m L •c0 If, 0 L 1,-; m ? m e I N ca at = c ".e. a = c 3 = U co a) m y a 0. 0 g,2, ¢ w 2 ¢.0 �. O ° 'soE6c m > a a =2cCC � = c= =cloca z a u. i I 79 ;i Item No. /1 Staff Report No. q7--/q(o • Meeting Date: February 3, 1997 • • Type of Business: WK WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and members of the City Council From: Bruce A. Kessel, Finance Director Item Title/Subject: Retainer for legal fees Date of Report: January 29, 1997 At the present time,the City has a contract with Hughes and Costello for services performed as our prosecuting attorney. The contract is for$3,000 per month, including expenses. For other legal services, the City has used a variety of firms, with Kennedy and Graven being the firm most often used. Over the past year, legal fees for these other services have varied from less than two thousand to as high as eight thousand per month. Due to issues facing the City in the next year, it is anticipated that there will continue to be a need for legal advise, and as such, it has been proposed that the City enter into a contract with Kennedy and Graven under which the City would pay a monthly retainer of$3,000 per month which is based upon a regular billing rate of $100 per hour, and other specified services would be billed at rates from$115 to $125 per.hour. 1111 The proposed agreement is attached which outlines the proposed terms and conditions. Staff feels that our relationship with Mr. Long and Kennedy& Graven should be confirmed by a written agreement and feels that the proposed agreement sets forth terms that will be in the best long term interest of the City. The staff wishes to be able to continue to use, on a limited basis, some of the other attorneys such as Mr. O'Meara of Briggs &Morgan since they have a working knowledge on some areas such as TIF, but our goal is to consolidate the non-prosecuting legal work with one firm as much as possible to improve the level of service, and to minimize potential conflicts and higher fees by having two or more legal firms involved in reviewing and providing legal advise on the same topic. Staff feels that Mr. Long is very responsive and addresses the concerns of the staff and the City. • 470 Pillsbury Center Kennedy 200 South Sixth Street Minneapolis MN 55402 8 Graven (612) 337-9300 telephone (612) fax e-mail:attys@kennedy-graven.com dy-graven.com CHARTERED • ROBERT C. LONG Attorney at Law Direct Dial(612)337-9202 January 3, 1997 Chuck Whiting City Clerk-Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 RE: Retainer for General Legal City Attorney Services Dear Chuck: As we discussed, this letter is intended to serve as a Retainer Agreement concerning the scope of legal services to be provided by Kennedy & Graven, Chartered (the "Firm") to the City of Mounds View (the "City") and the fees which will be charged for such services. If the City Council concurs with the provisions contained in this letter, please arrange to have it signed in the spaces provided and return a signed copy to me. 1. The City appoints the Firm as City Attorney with Robert C. Long acting as primary legal counsel with respect to the services described in this letter. 2. The Firm agrees to perform all usual and customary legal services for the City in accordance with the terms of this letter. 3. The City agrees to compensate the Firm for services as follows: a) An annual retainer fee for the City's general civil legal services of$36,000 (based on a regular hourly rate of $100 per hour) payable in monthly installments of $3,000 per month, by the end of each month, commencing for services rendered during the twelve month period beginning January 1, 1997. Services to be covered by the retainer fee are as follows: 1) Attendance at regular City Council meetings during the twelve month retainer period to be determined by the City Clerk-Administrator; 2) Formal and informal legal advice to City staff and elected officials as requested; • 3) Preparation of Ordinances and Resolutions as requested; RCL114982 MU125-11 Chuck Whiting January 3, 1997 Page 2 4) Advising committees of the City from time to time as requested by staff; 5) Advising the City Council and staff, as necessary or as required, to discuss topics including, but not limited to important legislative or judicial developments; 6) Formal and informal advice on operating procedures and personnel matters including interpretations of federal, state and local rules and regulations relating to operating procedures, such as data privacy requirements, open meeting law requirements and other personnel and administrative requirements of federal, state or local law. 7) Providing Code Supplements incorporating new ordinances every six months. b) For all other City legal services, including those described below, except for those services described in paragraphs 5 and 6, compensation at an hourly rate of$115 for Firm attorneys and $60 per hour for law clerks and $70 per hour for legal • assistants: 1) Real estate transactions; 2) Review and preparation of Tax Increment Finance documents and development agreements; (Steve Bubul would also be involved in TIF matters.) 3) General legal advice to the Mounds View EDA and attendance at EDA meetings; 4) Labor and employment matters other than routine or general advice; 5) Civil litigation matters, including condemnation and special assessment challenges; 6) Special projects which are so designated by the City Council or the City Clerk-Administrator, including attendance at City commission and committee meetings when requested in addition to the regular meetings covered as part of the retainer agreement, including current files MU 125-50 and MU 125-51 relating to the golf course and airport matters. IP4. The Firm shall also be separately reimbursed for any costs and disbursements which it incurs in connection with providing any of the services described in paragraph 3 of this RCL114982 MU125-11 Chuck Whiting January 3, 1997 • Page 3 letter; including computer assisted legal research at the rate charged by the provider. Reimbursable costs and disbursements shall not include charges for secretarial or word processing services, or any other unauthorized costs, such as the purchase of legal publications or attorneys' continuing legal education requirements. Billings by the Firm to the City for services, costs and disbursements shall be made monthly. The billing statement shall be of sufficient detail to adequately inform the City concerning the tasks performed, the attorney performing them, the time spent on each such task and the nature and the extent of costs and disbursements. The statement shall also show the total time spent and the fees, charged under category 3b and the total time spent under category 3a. Within the limits of its billing system, the Firm's billing statement shall also, as requested by the City Clerk-Administrator, show the types of work done in various categories and the time spent and fees attributable to each of such categories. 5. In instances where the Firm is authorized to act as approving bond counsel on a particular transaction, fees for services rendered by the Firm in such capacity shall be those usually and customarily charged by the Firm for such services and shall be negotiated on a fixed rate for each separate transaction. (Dave Kennedy or Bruce Batterson would act as bond counsel.) 6. The hourly rate for all attorneys of the Firm for services for which costs are passed through to a developer or applicants will be $125.00. For all civil litigation or formal administrative proceedings, commencing with the service on the City of a summons and complaint or formal charge or notice of administrative proceedings, the hourly rate for attorneys of the Firm will be $125.00. 7. The Firm will provide, without cost to the City, any relevant summaries of legislation of recent court decisions, so long as the Firm continues to provide such service generally to its clients. 8. It is the intention of the parties and it is hereby agreed that the "primary City Attorney" as used herein means and refers to Robert C. Long who will, except in the case of extraordinary circumstances involving disability, unavoidable conflict or other good and substantial reasons, perform, supervise and be responsible to the City for the legal services herein agreed upon. The Firm shall, upon request, provide the City with the names and qualifications of other attorneys employed by the Firm who may from time-to-time be directed to perform services described in this letter under the supervision of Robert Long. 9. The Firm agrees that it will not undertake the representation of any person or other entity during appointment a ointment as general counsel in instances where such representation may create a potential conflict of interest, unless: RCL114982 MU125-11 Chuck Whiting • January 3, 1997 Page 4 a) The Firm reasonably believes the representation will not adversely affect its relationship with the City; and b) The City and such other person or entity have consented after consultation. 10. The Firm agrees that it will not, during its appointment as City Attorney, undertake the representation of any appointed official of the City or the City Clerk-Administrator in connection with any personal legal matter of such person; and will not during such appointment, absent the consent of the City Clerk-Administrator, undertake the representation of any other employee of the City. 11. The appointment of the Firm as City Attorney may be terminated by the City at any time and by the Firm upon 60-days' written notice to the City. Nothing in this letter or the City's acceptance shall be deemed to preclude the opportunity of the City to retain and appoint legal counsel other than the Firm to represent the City in any legal matters. 12. Subject to the rights of termination described in paragraph 11, the provisions of this letter shall be deemed to be automatically extended from year-to-year or extended with such . modifications or adjustments as the City and the Firm may from time-to-time mutually agree to. KENNEDY & GRAVEN, CHARTERED w By Robert C. Long The provisions of this letter are understood and accepted. Dated: CITY OF MOUNDS VIEW By Duane McCarty Its Mayor 411 By Chuck Whiting City Clerk-Administrator RCL114982 MU125-i1 • S Item No. Staff Report No. 97- %96.3 C.. Meeting Date: February 3, 1997 Type of Business: WK WK: Work Session;PH:Public Hearing; CA: Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor & members of the City Council From: Bruce Kessel, Finance Director Item Title/Subject: Financial Issues Date of Report: January 30, 1997 NOTE: For purposes of this report, dollar amounts have been rounded. Cash and investments The City has $14,000,000 in cash and investments at year end(excluding funds in escrow to pay for defeased debt and employee deferred compensation). The City's main revenue sources are: • Property taxes of$1,600,000 which are received in two installment of$800,000 during the first part of July and December); • Tax increment taxes of$2,265,000 which are received at the same time as 111property taxes; • State Aids (LGA of$665,000 and HACA of$360,000)which are received in two equal installments of$513,000 in late July and December. • Utility revenues of$1,850,000 received quarterly in Feb, May, Aug, and Nov at an average of$460,000 per quarter; • Franchise fee of$235,000 received monthly at a average of$20,000 per month. On the expense side,the City has the following commitments: • Payroll costs of$110,000 every two weeks; • Bond costs of$1,900,000 with$1,300,000 due on February 1, and the majority of the balance due on August 1st; • Developer payments on TIF of$430,000 with$250,000 due on February 1 and $180,000 due on August 1st. • Other payments to vendors paid subsequent to regularly scheduled Council meetings. Payments vary due to the season from $50,000 to $300,000; occasionally, when a construction project is underway,the amounts can be higher. As noted above, the City has large obligations that are due at the beginning of the year (debt and TIF obligations) in addition to ongoing operating items, however, the City's major revenues are not received until mid-July and December; as such,the City needs to structure investment maturities to correspond with known obligations and maintain enough liquid cash to meet ongoing operating obligations. The State of Minnesota sets forth investment guidelines that all political subdivisions City of Mounds View Staff Report January 30, 1997 Page 2 within the state must follow. In simplified terms, we are authorized to invest in 11111 obligations of the United States (U. S. Treasuries and other associated agencies), short term commercial paper, collateralized investments from banks (banks pledge some of their investments in US Government obligations as collateral on our investment with them), and a variety of other securities such as mortgage pools, mutual funds, etc. that meet certain preestablished investment guidelines. Cities have the option of establishing guidelines that are more restrictive than the State Statutes. As a general rule, the longer you invest your money,the higher the interest rate and your return. US Treasury securities are generally deemed to be very low risk, are not subject to state income tax, therefore their yields are generally lower than other investments. Commercial paper is generally on the higher end of yields, but statutes limit the maturity to 270 days or less. My philosophy for investing is to establish an investment ladder, whereby investment maturities are staggered over a period of time, which is generally five years, and as investments mature and revenues are received, new investments with five year maturities are purchased. Due to uneven cash flow(majority of revenue received in July and December), I also supplement the laddered investments with shorter term investments such as callable certificates of deposits or government agency paper (since these investments generally pay a higher rate of return than commercial paper and will generally be called), commercial paper, etc. On any callable investments, I try to avoid paying a premium since this will reduce the yield that is ultimately received. Over 410the last six months, I have been trying to obtain an understanding of existing and future obligations prior to establishing a laddered approach to investing, and as such, most of the City's money is being held in relatively short term investments. The following is a summary of our investments: By broker/institution: Smith Barney $ 3,800,000 Dain Bosworth 3,596,000 Prudential 2,250,000 Norwest 2,672,000 State Bank 1,043,000 Dreyfus 668,000 Western Bank 200,000 Total $14,229,000 By maturities: $750,000 due in 1999, $1,550,000 due in 1998, $9,980,000 in 1997, $595,000 in callable instruments with the first call in 1997, and the balance of$1,160,000 in mortgage backed securities (monthly payment of principal and interest; four separate pools which were purchased at a discount, and will be sold when the amount outstanding for each pool is in the $100,000 to $150,000 range). By type of investment: $200,000 in Western Bank non-interest bearing checking account, • $1,138,000 in bank certificates of deposit, $668,000 in money market account, $2,050,000 in agency paper, $9,018,000 in commercial paper, and $1,160,000 in mortgage backed securities. • In approximately March, I will provide periodic summaries (monthly or quarterly) to the Council on investments. Such information will include the actual investments, and summaries by institution,maturity date, and original maturities, with numbers of investments and average interest rates. II. Financial Reports In the near past, the City Council has spent months reviewing and approving the City's budget, however, once the budget is approved,there has been little, if any, follow-up. As noted in section III,the Council has not seen the list of claims paid or to be paid, nor has it received any financial reports except during the next budget session. To keep the Council more informed but to reduce the amount of additional staff time needed prepare budget variance reports, I would propose that on a quarterly basis, financial reports be prepared for distribution and discussion at the Council level; such reports could be developed that would provide a summary with a written discussion as to the highlights, with detailed information attached. During the budget process, the information could be presented more frequently as needed. III. Just and Correct Claims • Included on the consent agenda at every regular City Council meeting is an item to approve the just and correct claims of the City. This represents the bills that have been or are being proposed to be paid on behalf of the City. Presently,the City issues checks prior to City Council meetings to take advantage of discounts, cover payroll, or meet obligations with a preestablished payment deadline. For other bills, the invoices are entered into the system and a list of bills to be paid is prepared and is included on the just and correct claims report; this report is prepared on Monday; after the Council meets and approves the claims, checks are prepared and mailed on Tuesday or Wednesday. Cities vary in their method of reviewing claims with several options including: a)never; b) the Council receives this list with agenda packets in which case our internal procedures would need to be changed by several days to accomplish this; or c)the Council receives the list at the Council meeting. Our current options for the report is to prepare it in summary format which lists the vendor and the total dollar amount being paid, or a detailed listing of where each account that is being charged is listed along with the amount. IV. Consolidation of departments/programs and funds Presently, the City has thirty three funds and within some of these funds,they are further broken down into additional programs or departments. For example, the general fund is broken into forty three programs. This results in system that is overly complex and . confusing. To improve this,I would like to consolidate programs/departments but expand the line items within the consolidated departments to provide information on City of Mounds View Staff Report January 30, 1997 Page 4 activities that are being performed but in a more concise and consolidated manner, as 111 well as consolidate funds whenever possible. This should improve everyone's ability to understand the financial condition of the City. Examples: Presently, community development is separated into four programs; I would consolidate them into one program but have separate line items for salary for code enforcement,planning, housing inspection, etc. as well as expand several other line items such as consulting so that you could identify the large items that are attributable to an individual program but other costs such as office supplies would be consolidated since they benefit all the programs within community development and any allocation of them to individual programs is arbitrary at best. For consolidating funds, an example is the TIF funds; presently, there are ten TIF funds for three TIF districts; I would consolidate the funds into three, one for each TIF district; this should improve the ability to understand each district and would also assist in the preparation of reports that are required for each district. • 411 , Item No. 13 • Staff Report No. g7-/964 c_ Meeting Date:February 3, 1996 . Type of Business:WS WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor and members of the City Council From: Bruce Kessel, Finance Director Item Title/Subject: Status of TIF Districts Date of Report: January 28, 1997 Periodically, questions have been raised relating to the status of TIF funds. It has taken some time to compile and understand data relating to the districts and their outstanding commitments. Also, there are delays in obtaining information from the County; for example, we have not received the final tax settlement for 1996 and it will be mid-February before we receive the tax capacity valuations for pay 1997 property taxes. Once this information is received, I will update my forecast template which will provide detailed information on the TIF plans for the life of the associated District(Mounds View has three districts). The attached information is being provided in general terms but should provide an overview of the TIF funds. As of December 31, 1995, the TIF Districts had a cash balance of$6,111,000 (plus funds held in . escrow to pay off bonds that had been refunded; the escrow funds are sufficient to pay of the associated debt). For 1996: the City received approximately $2,272,000 in captured tax increment and$300,000 in interest earnings. Debt service on bonded debt was $1,260,000, payments on developer notes were$192,000,payments of EDA administrative costs were $120,000, and other payments for business loans, purchase of the Bel Rae, housing for the replacement program, etc. were $976,000, for a net increase in the cash balance at the end of the year of approximately $24,000, resulting in an estimated TIF balance of$6,135,000 at year-end. In the past,the City has designated this money for various items including the subsequent year's debt service and City priorities as per the attached list. Periodically, comments are made in reference to "excess TIF"which may have different meanings to different individuals. As used in the property tax system, excess TIF refers to property taxes that are collected on a TIF property in an area that was affected by a modification to a District after a specified date above a frozen tax capacity rate. In other words, for some parcels of property,the tax capacity rate is frozen for the TIF district and any taxes generated on the difference between the frozen rate and the current rate is excess TIF which is distributed back to the three major taxing jurisdictions (City, County and School District). I believe others use the term to attempt to define what dollars are available in excess of existing obligations; this is subject to interpretation as to how to account for existing obligations and reserves for debt 41, service and proposed projects. City of Mounds View Staff Report January 29, 1997 Page 2 For informational purposes,total outstanding bonded debt, after subtracting defeased debt (refmanced debt which is still outstanding until a future call date at which time cash in escrow will be used to pay off said debt) was $8,530,000 at year-end with the last payment due in 2005. Total amounts owed to developers under revenue notes was $2,700,000 at year-end; payments are based upon a percentage of the tax increment generated from the developer's associated project. SUMMARY. While a comprehensive report on estimated future TIF activity and balance will be provided towards the end of February,the above information provides,general information which is as follows: The TIF funds have cash reserves of approximately$6,000,000. At the present time,the City needs to reserve funds for future debt service but this money will become available for other projects once the debt has been retired in the year 2005. The City has also reserved funds for other projects as noted on the attached list,but as these projects are completed or as priorities change, the amount needed to be held in reserves changes. 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