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HomeMy WebLinkAboutAgenda Packets - 1995/12/19 CITY OF MOUNDS VIEW CITY COUNCIL TUESDAY, DECEMBER 19, 1995 7:00 P.M. AGENDA The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees and boards. Decisions are based on this information, as well as City policy and practices, input from constituents and •a Councilmember's personal judgement. If you have comments, questions or information regarding an item on the agenda, please step forward to be recognized by the Mayor during the "Residents Requests and Comments From the Floor" item on the agenda. Please state your name and address for the record. All comments are appreciated. A copy of all printed materials relating to the agenda item is available for public inspection at the Recording Secretary's Table. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - Linke Hankner Blanchard Trude Quick 4. Agenda Additions Item 1: Item 2: Item 3: AGENDA PAGE TWO TUESDAY, DECEMBER 19, 1995 5. APPROVAL OF MINUTES: a. December 11, 1995 City Council Regular Meeting Minutes COUNCIL ACTION: A T D Comments: b. December 6, 1995 Truth In Taxation Meeting Minutes COUNCIL ACTION: A T D Comments: 6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES: a. Parks and Recreation Commission Minutes - Thursday, August 24, 1995 - Thursday, October 26, 1995 - Thursday, December 7, 1995 COUNCIL ACTION: A T D Comments: b. Cable Commission Meeting Minutes - Wednesday, November 8, 1995 COUNCIL ACTION: A T D Comments: AGENDA PAGE THREE TUESDAY, DECEMBER 19, 1995 7. SPECIAL ORDER OF BUSINESS: A. Consideration of and Presentation of Resolution No. 4872 Commending Susie Kaiser for Her Devotion to the Welfare of the Community COUNCIL ACTION: A T D Comments: 8. CONSENT AGENDA: A. Adopt Resolution No. 4869 Approving a Step Adjustment for Tracy Juell, Department Secretary, Staff Report No. 95-1554C B. Adopt Resolution No. 4868 Adopting The Drug and Alcohol Testing Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations, Staff Report No. 95-1555C C. Adopt Resolution No. 4873 Approving Upper Midwest Golden Gloves to Conduct Boxing Event at the Bel-Rae Ballroom, 5394 Edgewood Drive on January 9, 1995, Staff Report No. 95-1556C D. Adopt Resolution No. 4876 Approving the 1996 Labor Agreement Contract with Public Works and Parks Maintenance Bargaining Unit, Staff Report No. 95-1557C E. Adopt Resolution No. 4875 Rescheduling City Council Meetings Falling on Legal Holidays F. Adopt Resolution No. 4874 Appointing Official Newspaper, Acting Mayor and Official Depository for 1996 G. Adopt Resolution No. 4870 Amending the 1996 General Fund Budget Staff Report No. 95-1558C AGENDA PAGE FOUR TUESDAY, DECEMBER 19, 1995 H. Adopt Resolution No. 4871 Approving Just and Correct Claims Against City Funds *I. Licenses for Approval Cigarette and Tobacco Products - Expires 12/31/96 Amoco Food Shop - Renewal Mounds View Amoco - Renewal Snyders - Renewal Clark - Renewal Fina - Renewal Brooks - Renewal American Amusement Arcades - (Mermaid, Robert's, Bel-Rae) Superamerica - Renewal Fedor's Market - Renewal Tom Thumb - Renewal Used Auto Sales - Expires 12/31/96 Saturn of Saint Paul - Renewal Bowling Alleys - Expires 12/31/96 Mermaid Lanes - Renewal Gasoline Stations - Expires 12/31/96 Superamerica - Renewal Fina - Renewal Brooks - Renewal Clark - Renewal Mounds View Amoco - Renewal Amoco - Renewal Amusement Devices - Expires 12/3/196 American Amusement Arcades - Mermaid, Robert's Off 10 Non-Intoxicating Liquor - On Sale - Expires 12/31/96 Bel-Rae Ballroom - Renewal Non-Intoxicating Liquor - Off Sale - Expires 12/31/96 Superamerica Renewal Brooks - Renewal Tom Thumb - Renewal * If approved, issuing of the renewal of the licenses is contingent upon receipt of the proper paperwork and renewal fee by December 22, 1995. AGENDA PAGE FIVE TUESDAY, DECEMBER 19, 1995 COUNCIL ACTION: A T D Comments: Items Removed: 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Citizens' comments are encouraged to allow individual citizens to address the Council, as a whole, on a matter of interest or concern to the citizens. The preservation of the Citizens' Comments item on the agenda is important in order to encourage and maintain this information flow. To preserve and protect this valuable communications link, a speaker is limited to three (3) minutes. CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 10. PUBLIC HEARINGS: There are no public hearings scheduled for this meeting. 11. COUNCIL BUSINESS: A. Consideration of Introduction of Ordinance No. 570, Amending Title 1100, "New and Used Automobile Dealerships", Staff Report No. 95- 1559C (Staff Presenter: Paul Harrington, Interim City Administrator) COUNCIL ACTION: A T D Comments: 1 AGENDA PAGE SIX TUESDAY, DECEMBER 19, 1995 B. Consideration of Introduction of Ordinance No. 571, Code Appeal for Address Change for Sunrise United Methodist Church, Staff Report No. 95-1560 (Staff Presenter: Joyce Pruitt, Code Enforcement Officer) COUNCIL ACTION: A T D Comments: C. Consideration of Purchase Of Underground Camera Traction Unit, Staff Report No. 95-1561C (Staff Presenter: Michael Ulrich, Director of Public Works) COUNCIL ACTION: A T D Comments: D. Consideration of Amendment to Resolution No. 4846 Authorizing the Purchase of Software Upgrades, Staff Report No. 95-1562C (Staff Presenter: Paul Harrington, Interim City Administrator) 12. REPORTS: 1. Report of Councilmembers: Quick: Blanchard: Hankner: Trude: 2. Report of Mayor Linke: AGENDA PAGE SEVEN TUESDAY, DECEMBER 19, 1995 3. Report of Administrator: 4. Report of Staff: 5. Report of Attorney: NEXT COUNCIL MEETING: JANUARY 8, 1995, 7:00 P.M. NEXT COUNCIL WORK SESSION: FEBRUARY 5, 1996 13. ADJOURNMENT: MEMO To: MAYOR AND CITY COUNCIL From: Michele J. Severson0 Subject: SUSIE KAISER RESOLUTION Date: December 15, 1995 Susie-Kaiser-called this-morning,this-morningFridoeceme er 15, 1995 to let us know that she won't be available to attend the meeting on Monday, December 19, 1995 and that she doesn't feel comfortable receiving this commendation at this time as her report is not quite finished. Dawn spoke with her and it appears that January 22nd would be a better date for this to be on the agenda. Please disregard the "Special Order of Business"for this meeting. cc: Paul Harrington, Interim City Administrator ITEM 6.A. MOUNDS VIEW PARKS AND RECREATION COMMISSION MEETING MINUTES Thursday, August 24, 1995 6: 30 p.m. City Hall CALL TO ORDER: Chair Burmeister called the meeting to order at 6: 30 p.m. ROLL CALL: Commission members present included Chair BurmeiserT—Commissioners Dentz, Long, Silvis, Stevenson and Starr. Director Saarion was also present. APPROVAL OF MINUTES : Commissioner Silvis made a motion to ap rove the minutes of July 27. Commissioner Dentzseconded the motion. Motion passed unanimously. PEDESTRIAN BRIDGE: Commissioners discussed ways that they could advocate for the pedestrian bridge. Commissioner Stevenson requested staff to get ahold of the resolution that the Planning Commission wrote regarding the use of TIF. Commissioner Starr requested staff to see if discussion regarding the pedestrian bridge could be advertised on the message sign when it is scheduled for council discussions. The Commission also requested Director Saarion to write a letter on their behalf regarding support of the pedestrian bridge to be mailed to those that are known supporters, to keep them informed about the issue. Commissioners requested that they have the opportunity to sign the letter before it is sent out. PLAYGROUND EQUIPMENT & TREES AT SV: Director Saarion reported that the City Council approved both the replacement of infant swings in the parks as well as the entire plan of tree plantings at Silver View Park to be funded with contingency funds. Both projects will be completed this Fall. SUMMER PROGRAM REVIEW: Director Saarion informed the Commission that the summer activity participation level had remained as high as ever. The options for summer playground program choices was well received. Festival and MVCT incomes from ads and MOUNDS VIEW PARKS AND RECREATION COMMISSION MINUTES Thursday, October 26, 1995 6: 30 p.m. Conf. Rm. C CALL TO ORDER: Chair Burmeister called the meeting to order. ROLL CALL: Commissioners present included Chair Burmeister, Commissioners Long, Silvis, Starr, and Dentz . Commissioner Stevenson was absent. MINUTES : Commissioner Silvis made a motion seconded by Commissioner Dentz to approve the minutes of August 24, 1995. Motion passed unanimously. PARK IMPROVEMENTS : Staff reviewed the report outlining park suggested park improvements which dealt with safety issues in the parks, especially athletic field fencing. Commissioners discussed the improvements and requested that information regarding cost estimates be completed and reported at a future meeting. WOODCREST PARK OPTIONS: Staff reviewed the idea of community gardens, located at Woodcrest Park and asked Commissioners if they were interested in pursuing this option for leisure uses of Woodcrest Park. The Commission discussed pros and cons of this use, but decided that it is probably the only use that would be low-cost. Community gardens would provide a more passive and natural use of the park. The park is well-suited for this type of activity with available water and sufficient soils and space and parking. The only potential problem would be the likelihood that vandalism of gardens may occur. The Commission wishes to pursue this use for Woodcrest Park in 1996 . UPDATES: Staff reviewed information on activities of the department including park maintenance and project activities, the Community Bonfire activity, and . golf course activities. PEDESTRIAN BRIDGE: Commission members inquired as to the status of the pedestrian bridge. Staff indicated that the issue was still before the City Council . The issue will be on the agenda of the next City MOUNDS VIEW PARKS AND RECREATION COMMISSION STATE OF MINNESOTA RAMSEY COUNTY MINUTES Thursday, December 7, 1995 6: 30 p.m. , City Hall CALL TO ORDER: Chairperson Burmeister called the meeting to order. ROLL CALL: Members present included Chair Burmeister, Commissioners Dentz, Stevenson, Silvis, Long and Director Saarion. Commissioner Starr was absent. MINUTES: Commissioner Silvis made a motion seconded by Commissioner Dentz to approve the minutes. of October 26, 1995. Motion passed unanimously. REVIEW 1995 GOALS: Commissioners reviewed 1995 goals as follows: Goal # 1 - Work has begun as a partnership with Ramsey County for the aesthetic improvement of the compost facility. Staffs met with Master Gardeners, who provided a landscaping plan surrounding the compost facility. In addition, Ramsey County has initiated plans to pave the entrance, replace fencing and provide better signage. This partnership continues through 1996. Goal #2 - Improvements to park buildings were accomplished at Groveland and Hillview Parks with the installation of bathrooms, a water source, and new natural gas heaters and new carpet. Ventilation and below building vapor barriers were installed. This project was funded with CDBG funding and Park Improvement Funds. Goal #3 - Pursuing a pedestrian bridge across Highway 10 through grant application and advocacy was a year long process. The City Council has • approved the project. Goal #4 - Development of a Golf Course Park has not been pursued because of development of the parcels of land. Ponding for water runoff is a part of the development. It will be more FEE ASSISTANCE PROGRAMMING FOR NEEDS: The City Council requested staff to present opportunities provided for those who are in need. Staff presented a report of activities that are offered currently to assist at-risk youth. In addition, assistance programs were reviewed. Council has requested staff to pursue programs that are geared towards those that live in apartment buildings and manufactured home parks. Staff is working on specialized programs that go to the participant where they live. This innoxmation will be shared at a later date. This is certain to be a 1996 goal. REPORT REVIEW: Staff shared a report regarding Recreation Programming as a Crime Prevention tool as prepared by a team of Graduate Students from Hamline College, for Ramsey County. ICE ARENA: Director Saarion added an item - Ice Arena. The Mighty Ducks legislation has awarded the partnership of 4 additional indoor ice sheets to be constructed at the Amateur Athletic Complex in Blaine. The partnerships include initial payment contribution and guaranteed ice time blocks. The Irondale Hockey Association has been looking into this partnership. However, Paul Erickson, Director, called to inform staff that his board is concerned about a sole partnership with associations, preferring a city connection. Whereas there would not be a monetary obligation, cities would provide a facilitation function ensuring that the blocks of time were used and that the arenas have multi-use and not exclusively hockey activity. Staff had not heard from the Irondale Hockey Association other than when staff initiated a call to a hockey community contact and relayed the information presented by Paul Erickson. This is an informational report from the director who has no idea where it will go from here since IHA has not contacted the City. The Commissioners felt that if the IHA pursued the partnership, they would recommend that we continue to look into participation as well. ADJOURNMENT: Commissioner Long made a motion to adjourn the meeting, seconded by Commissioner Dentz . Motion passed unanimously. l, REQUEST FOR COUNCIL.CONSIDERATION Agenda Section: 8.A Report Number: STAFF ® Report Date: 1-21717:75- Council - Council Action: L.-.: Special Order of CI'T'Y COUNCIL,MEETING DATE December 19, 1995 O Public Hearings Business Consent Agenda 0 Council Business Item Description: Adopt Resolution No. 4869, Approving A Step Adjustment for Tracy Juell, Department Secretary Administrator's Review/Recommendation: - No comments to supplement this report / - Comments attached. Explanation/Summa (attach su.. -meat_sheet-s-as-necessary) Tracy Juell, Public Works Department Secretary, has been working with the City since February of 1991. In accordance with the City's 5 Step Compensation Policy, this position is due for a wage adjustment. Ms. Juell is currently at Step 2, $2,211.49/mo. Her performance has been satisfactory and staff is recommending a wage adjustment to Step 3, $2,341.58/mo. This adjustment is consistent with the 5 Step Pay Plan for this position. A jI.b�' l G L ette Morgan, AdmiiMtrative Aide RECQ1NjENDATION• Motion to waive the reading and adopt resolution No. 4869 A r adjustment for Tracy Juell, Department Secretary pp ovmg a step RESOLUTION NO. 4869 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A WAGE ADJUSTMENT FOR TRACY JUELL, PUBLIC WORKS DEPARTMENT SECRETARY WHEREAS, Tracy Juell is a regular full-time employee who began working for the City of Mounds View on February 25, 1991; and WHEREAS,Ms. Juell's work performance has met the responsibilities of Public Works Department Secretary as outlined in the job description; and WHEREAS, her work performance has been satisfactorily reflected in her performance review; and WHEREAS, a wage adjustment that is consistent with the City's compensation policy is recommended. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council hereby approve a wage adjustment for Tracy Juell from $2,211.49/mo to $2,341.58/mo. effective January 1, 1996 Presented this 19th day of December, 1995 (ATTEST) Mayor (SEAL) Interim City Administrator REQUEST FOR COUNCIL.CONSIDERATION Agenda Section: _$_R Report Number: _25,J_ .5.5.5_c �„ �IIlor 1�,�' _ '�(� T Report Date: _ 7 7-1 L_q5 Council Action: 0. Special Order of CITY COUNCIL MEETING DATE DECEMBER 19, 1995 0 Public Hearings Business xd Consent Agenda 0 Council Business Item Description: Consideration of Resolution No.4868 Adopting The Drug and Alcohol Testing Policy IImpplementing the Federal Omnibus Transportation Employee Testing Act and Related Administrator's Revievmi commghdation: � -- - No comments to supplement this report #116t- - i j�! - Comments attached. Explanation/Summary (attach supplement sheets a nece SUMMA Ryv) As discussed at the September worksession, the Federal Highway Administration(FHWA) and the U.S. Department of Transportation(DOT) has mandated an alcohol and drug testing requirement for safety sensitive employees. City's and counties that have 49 or less safety sensitive employees must implement a program by January 1, 1996. On September 11, 1995, Resolution No. 4806 was approved Authorizing the City of Mounds to Enter into a Service Agreement with Kerr Transportation Service to provide in'service provisions and drug and alcohol testing. The Drug and Alcohol Testing Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations is the last step in the process of implementing the program. This policy has been reviewed by the attorney and meets all the requirements of the Federal Omnibus Transportation Employee Testing Act of 1991 and the U.S. Department of Transportation Regulations, 49, C.F.R., Part 382. The delayed for this policy has been due to definition clarification by the FHWA. On November 16, 1995 Mike Ulrich and myself attended CDL Alcohol/Drug Testing Supervisory training at Roseville City Hall. The joint effort was successful with over 130 participants from 17 cities. During the month of December, Public Works drivers will be attending employee training provided by Kerr Transportation. If you have any questions regarding this policy, please contact me. fs i 66-j- Lyndtte Morgan Administrative Aide No. 4868 Adopting Drug and Alcohol Testing Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations. RESOLUTION NO. 4868 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA WHEREAS, the City of Mounds View is mandated by the Federal Highway Administration(FHWA) and the U.S. Department of Transportation (DOT) to implement a drug and alcohol program for safety sensitive employees; and WHEREAS, the City of Mounds View has entered into a Service Agreement with Kerr Transportation Services, Inc. to provide in service movisi.ons_ancLdrug-and_a}cohol_testing seg vices; and WHEREAS, staff being affected by this mandated have received the necessary training and information pertaining to this mandate; NOW, THEREFORE BE IT RESOLVED; the City Council of the City of Mounds View adopt the Drug and Alcohol Testing Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations. Adopted this 19th day of December, 1995 ATTEST: Mayor (SEAL) Interim City Administrator ADMINISTRATIVE POLICY CITY OF MOUNDS VIEW DRUG AND ALCOHOL TESTING POLICY IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS EFFECTIVE JANUARY 1, 1996 The abuse of drugs and alcohol is a nationwide problem which affects persons of every age, race and gender. The City of Mounds View recognizes that work performance and public safety problems are created when employees use or abuse controlled substances or alcohol. The City of Mounds View wishes to provide a safe workplace for its employ_ees_and-a—safe-environment-for the public which will maintain a drug and alcohol free workplace. The purpose of this policy is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. This policy implements the requirements of the Federal Omnibus Transportation Employee Testing Act of 1991 and the U.S. Department of Transportation Regulations, 49 C.F.R., Part 382. This policy is in addition to and separate from the City's Drug and Alcohol Testing Policy, which implements the requirements of state law and the federal Drug Free Workplace Act of 1988. This policy is intended only to establish rules necessary under 49 C.F.R. Part 382. The City and its employees may have other rights and obligations under state and federal law. POLICY All employees who operate commercial motor vehicles on behalf of the City shall comply with the terms of this policy. The City requires that all employees report to work on time, either scheduled work hours or call-back, in appropriate condition for work. Any employee found to be in violation of this policy is subject to discipline up to and including termination of employment. DEFINITIONS For the purposes of this policy, the following definitions will apply: (49 C.F.R., Part 382) 1. "Accident" an occurrence involving a commercial motor vehicle operating on a public road which results in a fatality; bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or one or more motor vehicles incurring disabling damages as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle, (390.5). 2. "Alcohol"the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. ( 382.107) 1 3. "Appointing Authority"- the City Administrator or other City officer to whom the manager has delegated authority to appoint personnel. 4. "BAT" (Breath Alcohol Technician) - an individual who instructs and assists individuals in the alcohol testing process and operates an Evidential Breath Test Device (EBT). (Subpart 40.3) 5. "Chain of Custody"-procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. With respect to drug testing, these procedures shall require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory an appropriateJaboratory-chain-of custodiorm(s) account(s) for the sample or sample aliquots within the laboratory. (Subpart 40.3). 6. "City or City of Mounds View" -the City of Mounds View, Minnesota acting through its City Administrator or designee of the City Administrator. 7. "Commercial Motor Vehicle" -means such motor vehicle as defined by Federal Omnibus Transportation Employee Testing Act. 8. "Confirmation Test" - for alcohol testing means a second test, following a screening test with a result of 0.02 or greater that provides quantitative data of alcohol concentration. For controlled substances testing it means a second test, independent of the screening test, that uses a method of analysis approved under FHWA guidelines as being reliable and accurate for providing specific data as to the drugs or their metabolites detected in initial screening. (382.107). 9. "Confirmation Retest"for controlled substances means a third analytical procedure to reconfirm the presence of a specific drug or metabolite. (MN Stat. 181.950 Subd 2). 10. "Controlled Substance" - any substance defined as such under 49 C.F.R., Parts 40 and 391. 11. "Driver" (employee) - any person who operates or maintains a commercial motor vehicle. This includes, but is not limited to full-time, regularly employed drivers, part- time and temporary drivers, leased drivers and independent owner/operator contractors who are wither directly employed by or under lease to the City or who operate a commercial motor vehicle at the direction of or with the consent of the City. For the purpose of pre-employment/pre-duty testing only, the term "driver" includes a person applying to the City for employment to drive a commercial motor vehicle. (382.107). 12. "Drug" - a controlled substance. 13. "Federal Highway Administration(FHWA)" -the federal agency responsible for promulgating the rules pursuant to which this policy is adopted. 14. "Medical Review Office (M.R.O.)"is a licensed physician responsible for receiving laboratory results generated by the employers drug testing program and who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's positive test result together with employee's medical history and any other relevant biomedical information. (Subpart 40.3). 15. "Performing A Safety Sensitive Function_'_a driver-isconsidered to-be-performing-a safety sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform, or in a state of readiness to perform any safety sensitive function while on duty. (382.107). 16. "Random Selection"means a mechanism for selection of employees for testing where each employee has an equal chance of being tested each time selections are made. (382.107). 17. "Reasonable Suspicion"means that a City believes the appearance, behavior, speech or body odors of a driver are indicative of the use of a controlled substance or alcohol based on the observation of at least one (1) supervisor or official who has received training in the identification of behaviors indicative of drug and alcohol use. (Summarized from 382.307). 18. "Refusal to Submit(to an alcohol or a controlled substance test)" a driver (3 82.107) (A) failure to provide adequate breath for testing without a valid medical explanation after the driver has received notice of the requirement for breath testing in accordance with the provisions of this policy; (B) failure to provide adequate urine for controlled substance testing without a valid medical explanation after the driver has received notice of the requirement for urine testing in accordance with the provisions of this policy and federal regulation; or (C) engaging in conduct that clearly obstructs the testing process. 19. Safety-Sensitive Function(s)-means any of the following: (382.107; 395.2 paragraphs 1- 7) (A) all time at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched or in a state of readiness to drive and/or maintain a commercial motor vehicle, unless the driver has been relieved from duty by the City; (B) All time inspecting equipment as required by federal regulations or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; (C) All driving time which shall mean all time spent at spent at driving controls of a commercial motor vehicles in operation; (D) All time, other than driving time, in or upon any commercial motor vehicle; (E) All time loading or unloading a commercial motor vehicle,_supe=r!ising, or assisting in the loading or unloading, attending a commercial motor being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded; (F) All time spend performing the driver requirements of the federal statutes related to accidents; (G) All time repairing, obtaining assistance, or remaining in attendance upon disabled commercial motor vehicle. 20. "Screening Test" - (also known as Initial Test) a drug or alcohol test which uses a method of analysis approved by the FHWA as being capable of providing data as to general classes or drugs, alcohol, or their metabolites (382.107). 21. "State of Readiness" - on call, ready to be dispatched, to perform safety sensitive functions while on duty. (382.107). 22. "Substance Abuse Professional"a licensed physician (Medical Doctor or Doctor of Osteopathy), or a license or certified psychologist, social worker, employee assistance professional, or addiction counselor(certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorder. (382.107). 23. "Valid Medical Reasons" any of the following conditions: (A) a written prescription or an oral prescription reduced to writing which names the employee as the person for whose use it is intended; or (B) the drug was prescribed, administered and dispensed in the course of professional practice by or under the direction and supervision of a physician; or (C) the drug was used in accord with the terms of the prescription and the physician has advised the employee that the substance does not adversely affect the employees ability to safety operate a commercial motor vehicle. Use of any over- the-counter medication, in accord with the terms of the product's directions for use, shall also constitute a valid medical reason. 24. "Violation Rate"the number of drivers found during random tests given pursuant to this policy and federal regulations to have an alcohol concentration of 0.04 or greater, plus the number of drivers who refuse a random test required by this policy and federal regulations, divided by the total reported number of drivers in the industry given random alcohol tests pursuant to this policy and federal regulations, plus the total reported number of drivers in the industry who refuse a random test required by this policy and federal regulations. (382.107). PROHIBITED CONDUCT Conduct Related to Alcohol 1. A driver tested under this policy and federal law who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform safety sensitive functions, including driving a commercial motor vehicle. The driver shall not perform safety sensitive functions until the start of the driver's next regularly scheduled duty, but not less than twenty-four (24) hours following administration of the test and the driver will not be compensated during the time off. The driver may use benefit hours during the absence if accrued and available. 2. No driver shall report for duty or remain on duty requiring the performance of safety- sensitive functions while having an alcohol concentration of 0.04 or greater. 3. No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol in any quantity. 4. No driver shall use alcohol while performing safety-sensitive functions. 5. No employee shall perform safety-sensitive functions within four(4) hours after using alcohol. 6. A driver required to take a post-accident alcohol test because of a loss of human life or who receives a citation under state or local law for a moving traffic violation arising from an accident, shall not use alcohol for eight(8) hours following the accident, or until the driver undergoes a post-accident alcohol test, whichever occurs first. 10. No driver shall refuse to submit to a post-accident test, a random alcohol test, a reasonable suspicion test, or a follow-up test mandated by this policy and federal law. Conduct Related to Controlled Substances 1. Drivers shall refrain from taking non-prescription or prescriptive drugs that would impair their ability to perform their job safely. Taking of such drugs does not automatically exclude the driver from reporting for duty, except when instructed by a physician who has advised the driver that the substance adversely affects the driver's ability to safely operate a Commercial Motor Vehicle. A driver shall notify his/her supervisor when taking prescription or non-prescription medications that may lead to impairment. 2. The City having actual knowledge that a drive has used a controlled substance, shall not permit the driver to perform or continue to perform a safety sensitive function unless use is permitted pursuant to the written instruction of a physician. 3. The City, having actual knowledge that a driver has tested positive for controlled substances, shall not permit the driver to perform or continue to perform safety sensitive functions. 4. A driver shall inform the driver's supervisor of any therapeutic drug use. 5. No driver shall report for duty, remain on duty, or perform a safety sensitive function, if the driver tests positive for controlled substances. 6. No driver shall refuse to submit to a post-accident controlled substance test, a random controlled substance test, a reasonable suspicion controlled substance test mandated by this policy and federal law. 7. The City shall not permit a driver who refuses to submit to the mandated controlled substance tests to perform or continue to perform safety sensitive functions. 8. A driver shall not report for duty, remain on duty, or perform a safety sensitive function, if the driver tests positive for controlled substances. 9. No driver shall not refuse to submit to a post-accident controlled substance test, a random controlled substance test, a reasonable suspicion controlled substance test_mandated by this policy and federal law. PERSONS SUBJECT TO TESTING The Omnibus Transportation Employee Testing Act, requires that all employees whose job duties include the operation of a commercial motor vehicle and who are required to hold a commercial driver's license (CDL), shall be subject to drug and alcohol testing. "Commercial Motor Vehicle" (CMV) means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle meets any one of the following criteria: a) has a gross combination weight rating of 26,001 or more pounds; or b) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or c) designed to transport 16 or more passengers including the driver; or d) is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded. The City will request or require an employee to undergo drug or alcohol testing only under the circumstances described in this policy. However, no employee will be tested for drugs or alcohol under this policy without the employee's consent, with the following provisions: 1. Rights to Refuse: Employees have the rights to refuse to undergo drug and/or alcohol testing. If an employee refuses to undergo drug or alcohol testing requested or required by the employer, no such test shall be given. A refusal to test will be considered a positive test (for alcohol this shall be considered as a result of 0.04 or greater) and the employee will be removed from driving or other safety sensitive functions. 2. Consequences of refusal. If any employee refuses to undergo drug or alcohol testing requested or required by the employer, this shall lead to administrative/disciplinary action deemed appropriate by the employer, based upon on grounds of insubordination and consideration of refusal being regarded as a positive test. CIRCUMSTANCES FOR DRUG OR ALCOHOL TESTING 1. Pre-employment Testing Prior to the first time a driver performs safety sensitive functions for the City, the driver shall undergo testing for controlled substances. Any job offer, reassignment or promotion to drive a commercial motor vehicle shall be contingent upon a negative drug test report and the applicant's written agreement authorizing former employees to release to the City all information on the applicant's alcohol tests with an alcohol concentration result of 0.04 or greater, positive controlled substances test results, and refusals to be tested within the preceding two years. The City also retains the right not to hire a driver who has a positive test result and who has not participated and completed a counseling or rehabilitation program as directed by the driver's substance abuse professional. 2. Random Testing. The City shall randomly select a sufficient number of drivers for alcohol/drug testing during each calendar year to equal an annual rate not less than the minimum annual twenty-five (25%) rate for random alcohol testing and the annual rate not less than the minimum annual fifty percent(50%) for controlled substances. (A) Consortium. The City will be conducting random testing for alcohol and/or controlled substances through a consortium, as a result, the number of drivers to be tested may be calculated for each individual employer or may be based on the total number of drivers covered by the consortium who are subject to random alcohol and/or controlled substance testing . In either case, testing will be conducted at a rate not less than the minimum required by federal rules. (B) Notice Regarding Tests. The City shall ensure that random alcohol and controlled substance testing conducted pursuant to federal law will be unannounced and the dates for administering random alcohol and controlled substance tests are scheduled throughout the calendar year. Drivers may be selected for more than one test per year. (C) Testing Immediately. The City shall require that each driver who is notified of selection of random alcohol and/or controlled substance testing proceeds to the test site immediately; provided, however, that if the driver is performing a safety sensitive function at the time_f_noti icat}onthe-Ci sha}l--instead ensure that the driver ceases to perform the safety sensitive function and proceeds to the testing site as soon as possible. 3. Reasonable Suspicion The employer may request or require an employee to undergo drug and/or alcohol testing if the employer or any supervisor of the employee trained in the detection of probable drug or alcohol use directly observes an employee whose conduct or appearance is indicative of use of alcohol or controlled substance. (A) City's Determination of Reasonable Suspicion of Alcohol Violations. The City shall require a driver to submit an alcohol test when the appointing authority has reasonable suspicion to believe the driver has violated the provisions of federal law concerning alcohol. The City's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, current, articulable observations concerning the appearance, behavior, speech, or body odors of the body. (B) Citv's Determination of Reasonable Suspicion of Controlled Substance Violations. The City shall require a driver to submit to a controlled substance test when the it has reasonable suspicion this policy concerning controlled substances. The City's determination that reasonable suspicion exists to require the driver to undergo a controlled substance test must be based on specific, current, articulable observations, concerning the appearance, behavior, speech, or body odors on the driver. The observations may includes, but are not limited to, indications of the chronic and withdrawal effects of controlled substances. (C) Training of Supervisors. The required observations for alcohol and/or controlled substance reasonable suspicion testing shall be made by a supervisor or an employee of the City who is trained in accordance with federal law. The person who makes the determination or who observes or assists with making the determination that reasonable suspicion exists to conduct an alcohol test, shall not conduct the alcohol test of the driver. (D) Timing of Reasonable Suspicion Observations. Alcohol testing is authorized by federal law and this policy only if the observations required by paragraph (C) above are made during,just preceeding, or just after the period of the workday that the driver is required to be in compliance with this policy. The driver may be directed by the City to only undergo reasonable suspicion testing only while the driver is performing safety sensitive functions,just after the driver has ceased performing such safety sensitive functions or while the driver is in a state of readiness to perform safety sensitive functions. (E) City's Drug and Alcohol Testing Policy. If the driver is not performing safety sensitive functions and reasonable suspicion exists, drivers may be tested for drugs and alcolio_under_the City_of-Mounds V-iew-Drug-and-Aleoho-1 Testing policy. (F) Prompt Administration of the Test. If an alcohol test required by this policy is not administered within two (2) hours following the determination of reasonable suspicion, the City shall prepare and maintain on file, a record stating the reasons the alcohol test was not promptly administered. If any alcohol test is not administered within eight (8) hours following the determination of reasonable suspicion, the City shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. (G) Under the Influence Prohibitions. Notwithstanding the absence of a reasonable suspicion alcohol test under this policy and federal law, no driver shall report for duty or remain on duty requiring the performance of safety sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall the City permit the driver to perform or continue to perform safety sensitive functions until: (1) An alcohol test is administered and the driver's alcohol concentration measures less than 0.02; or (2) Twenty-four(24) hours have elapsed following the determination under paragraph (f) of this section that there is reasonable suspicion to believe that the driver has violated the prohibitions of this policy and federal law concerning the use of alcohol. (H) Driver's Behavior and Appearance Absent Test. Except as provided in (g)(2) of this section, the City shall not take any action under this part against a driver based solely on the driver's behavior and appearance with respect to alcohol use. in the absence of an alcohol test. This does not prohibit the City from taking action otherwise consistent with law. (I) Written Records of Observations. A written record shall be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the person who made the observations within twenty-four(24) hours of the observed behavior or before the test results are released, whichever is earlier. 4. Post Accident Testing (a) Drivers Tested. As soon as practical following an accident involving a commercial vehicle, the City shall test for alcohol and controlled substances of each surviving driver: 1. Who was performing safety sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or 2. Who receives a citation under State or local law for a moving traffic violation arising from the accident; or 2.a If a disabled vehicle(s) need(s) to be towed from the scene; or 2.b. Injured individual(s) are in need of immediate medical care away from the scene. 3. The City may also test under the City of Mounds View Drug and Alcohol Testing Policy. (B) Alcohol Tests. If a test is required by this section is not administered within two (2) hours following the accident, the City shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test request by this section is not administered within eight(8) hours following the accident, the City shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FHWA upon request of the Associate Administrator. (C) Controlled Substance Tests. If a test required by this section is not administered within 32 hours following the accident, the City shall cease attempts to administer a controlled substance test, and prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FHWA upon request of its Associate Administer. (D) Readily Available. A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the City to have refused to submit testing. Nothing in this section shall be construed to require the delay of necessary medial attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. (E) Post-Accident Information. The City shall provide drivers with necessary post- accident information, procedures and instructions, prior to the driver operating a commercial motor vehicle, so that drivers will be able to comply with the requirements of this section. (F) Test Results. The results of a breath or blood test for the use of alcohol or a urine test for the use of controlled substances, conducted by Federal, State, or local officials having independent authority for the test, shall be considered to meet the requirements of this section provided such tests conform to applicable, Federal, State, or local requirements, and that the test results are obtained by the City. 5. Return to Duty Testing (A) Return-to-Duty Alcohol Test. The City shall ensure that before a driver returns to duty requiring the performance of a safety sensitive function after engaging in conduct prohibited by this policy concerning alcohol, the driver shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02. (B) Return-to-Duty Controlled Substance Test. The City shall ensure that before a driver returns to duty requiring performance of a safety sensitive function after engaging in conduct prohibited by federal law or this policy concerning, controlled substance test with a result indicating a verified negative result for controlled substance use. 6. Follow-Up Testing. (A) Follow-up Alcohol and/or Controlled Substance Test. Following a determination that a driver is in need of assistance in revolving problems associated with alcohol misuse and/or use of controlled substances, the City shall ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substance testing as directed by a substance abuse professional in accordance with the federal law. Random follow-up testing will occur a minimum of six (6) times in the first twelve (12) months following the return-to-duty and shall not exceed 60 months from the date of employee's return to duty. (B) Timing of Follow-up to Alcohol Test. Follow-up alcohol testing shall be conducted only while the driver is performing safety sensitive functions,just before the driver is to perform safety sensitive function,just after the driver has ceased performing such safety sensitive functions or while the driver is in a state of readiness to perform safety sensitive functions. PROCEDURE FOR TESTING 1. Notification form. Before requesting an employee to undergo drug or alcohol testing, the City shall provide the individual with a form on which the employee will (1) acknowledge that the employee has seen a copy of the City's drug and alcohol testing policy; and (2) indicate any over-the-counter or prescription medications that the employee is currently taking or has recently (within the last month) taken, and any other information relevant to the reliability of, or explanation for, a positive result; and (3) indicate consent to undergo the drug and/or alcohol testing. 2. Medical Facility Consent Form. The employee must also indicate consent to undergo the drug and alcohol testing on any consent forms-provided-by th edieal-faeiiity taking the sample or breath alcohol technician. 3. Test sample. The test sample shall be obtained in a private setting, and the procedures for taking the sample shall insure privacy to employees to the extent practicable, consistent with the prevention of tampering with the sample, and shall conform with applicable FHWA rules. All test samples shall be obtained by or under the direct supervision of a health care professional. 4. Identification of Samples. Each sample shall be sealed into a suitable container free of any contamination that could affect test results. The sample shall be immediately labeled with a specimen identification number, initialed by the employee, and dated by the person witnessing the sample. 5. Chain of Custody. The employer shall maintain a written record of the chain of custody of the sample, ensure property handling thereof, and comply with the rules adopted by the FHWA pertaining to chain of custody. 6. Laboratory. All drug testing shall use the services of a testing laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMHSA), of the Department of Human Health and Human Services (DHHS). 7. Specimen Collection Procedure-Alcohol. The testing laboratory shall use methods of analysis and procedures to ensure reliable alcohol testing results, including standards for initial screening tests and confirmatory tests. For positive alcohol test resulting using an EBT a confirmation test shall be conducted no sooner than fifteen minutes after the initial test. 8. Specimen Collection Procedure-Controlled Substance. The method of analysis shall use immuno-chemical technology or chromatography for initial screening tests; and the confirmation must be by gas chromatography/mass spectrometry. Except where gas chromatography/mass spectrometry is not the scientifically accepted method of choice, Drug and Alcohol Testing Policy Page the test must be confirmed by a method using some form of chromatography. The collection site person shall split the sample into two specimen bottle and shall label one specimen bottle as "primary" and the other specimen bottle as "split"and seal the specimen bottles. 9. Retention and Storage. Retention and storage procedures shall comply with the rules adopted by the FHWA. All samples, except breath samples, from an initial screening test that produced a positive test result shall be retained and properly stored for at least six (6) months. 10. M.R.O. Report. The M.R.O. shall prepare a written report indicating the drugs or their metabolites tested for, the types of tests conducted,_andwheter--the test-produced negative or positive test results. REPORTING AND REVIEW OF RESULTS FOR CONTROLLED SUBSTANCE TESTING 1. Confirmation Retest. The M.R.O. shall notify each driver who has a confirmed positive test that the driver has 72 hours in which to request a test of the split specimen if the test is verified as positive. The driver will be responsible for all costs associated with the confirmatory retest unless results are negative. If the driver requests an analysis of the split specimen within 5 working days of having been informed of a verified positive test and the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) that were originally found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the M.R.O. shall cancel the test and report the cancellation and the reasons for it to the DOT, the City and the driver. 2. M.R.O. shall direct the analysis of split specimen. If the driver has not contacted with M.R.O. within 5 working days of having been informed of a verified positive test, the driver may present to the M.R.O. information documenting that serious illness, injury, inability to contact the M.R.O., lack of actual notice of the verified positive test, or other circumstances that unavoidably prevented the driver from contacting the M.R.O. in a timely manner. If it is determined that the driver did have a legitimate explanation for not contacting the M.R.O., the M.R.O. shall direct the analysis of the split specimen, as applicable, to be performed. 3. M.R.O. is unable to contact the Driver. If, after making reasonable efforts and documenting those efforts, the M.R.O. is unable to reach the driver directly, the M.R.O. must contact the designated City contact person, who shall direct the driver to contact the M.R.O. If the City contact person is unable to contact the driver, the driver will be placed on suspension. 13 4. M.R.O. is unable to Contact the Driver. If an employee has not contacted the M.R.O. within seventy-two (72) hours of having been informed of having a positive test, the employee may present to the M.R.O. information documenting that a serious illness, injury or other circumstances unavoidable prevented the employee from timely contracting the M.R.O. If it is not determined that the driver did have a legitimate explanation for not contacting the M.R.O., the M.R.O. shall direct the analysis of the split specimen, as applicable, be performed. 5. M.R.O. may verify Positive Test. The M.R.O. may verify positive test without having communicated directly with the driver about the test results under the following circumstances: (A) The driver expressly declines the opportunity to discuss the test results. (B) The driver has not contacted the M.R.O. within five (5) days of being instructed to do so by the City. REPORTING AND REVIEW OF RESULTS FOR ALCOHOL TESTING The FHWA alcohol testing rules require breath testing to be administered by a Breath Alcohol Technician (BAT) using an Evidential Breath Testing Device (EBT). Two (2) breath tests are required to determine if a person has a prohibited alcohol concentration. Any results less than 0.02 alcohol concentration is considered a"negative"test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. If the driver attempts and fails to provide an adequate amount of breath, the City will direct the driver to obtain a written evaluation from a licensed physician to determine if the driver's inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the designated City contact person. RIGHTS OF EMPLOYEES 1. The employer shall, within three (3) working days after receiving results of the test report from the M.R.O., notify the employee of the results of random, reasonable suspicion and post-accident tests for controlled substances if the test results are verified positive. The employer shall also inform the employee which controlled substances were verified positives. The City shall also inform an employee or job applicant of the following rights: (A) The right to request and receive from the employer a copy of the test result report. (B) The right not to be discharged, disciplined, discriminated, or requested or required to undergo rehabilitation on the basis of a positive test result from an initial screening test that has not yet been verified by a confirmatory test. 14 (C) The right of an employee who has been suspended without pay to be reinstated with back pay if the outcome of the confirmatory test or required confirmatory retest is negative. (D) The right not to be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the employer concerning the reliability of, or explanation for, a positive test result unless the employee was under an affirmative duty to provide the information before, upon, or after hire. (E) The right of access to information in the subject's personnel file relating to positive test reports and other information-acquired-irethe-drug-and/or—alcohel testing process, and conclusions drawn and actions taken based on the reports or acquired information. (F) The right of an employee who has made a timely request for a confirmatory retest to suffer no adverse personnel action if the confirmatory retest does not confirm the result or the original confirmatory test, using drug or alcohol threshold detection levels as established for a confirmatory retest by FHWA. CONSEQUENCES FOR DRIVERS ENGAGING IN PROHIBITED CONDUCT 1. Removal From Safety Sensitive Function. Except as provided in federal law, no driver shall preform safety-sensitive functions, including the driving of a commercial motor vehicle, if the driver has engaged in conduct prohibited by this policy or an alcohol or controlled substance rule of another Department of Transportation agency. 2. Prohibition of Safety-Sensitive Functions. The City shall not permit any driver to perform safety-sensitive functions, including the driving of a commercial motor vehicle, if the City has determined that the driver has violated federal law. 3. Refusal to Submit. If the driver refuses to undergo required testing under federal regulations, no test shall be given, and the appointing authority shall recommend to the City Administrator that the driver be discharged from employment on grounds of insubordination. In the case of a job applicant applying to driver for the City, if the applicant refuses, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. 4. Pre-Employment Test (Job Applicants- including the Promotion of Drivers). The City will not withdraw an offer of employment or promotion to a driver position made contingent on the job applicant passing a drug and alcohol testing based on positive test result in an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest 15 (controlled substance only), the City will withdraw the contingent offer of employment or promotion to a driver position if the City determines that alcohol or drug use or abuse prevents the job applicant from performing the safety sensitive functions of the job in question. 5. Controlled Substance Tests. The City will not discharge, discipline, discriminate against, or request or require rehabilitation of a driver solely on the basis of a positive test result from a screening that has not been verified by a confirmatory test in any confirmatory retest for controlled substance only, the City may do the following: (A) First Positive Test: Give the driver an opportunity to participate in either a drug or alcohol counseling or rehabilitating program,whichever is—more appropriate. The City may determine which program is more appropriate after consultation with a Substance Abuse Professional or physician trained in the diagnosis and treatment of chemical dependency. Participation in a counseling or rehabilitation program will be at the driver's own expense or pursuant to coverage under the driver's own benefit plan. If the driver either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidence by withdrawal from the program before its completion or by a positive test result on a confiixl1atory test after completion of the program, and alcohol or drug abuse prevents the driver from performing the safety sensitive functions of the job in question the appointing authority will recommend to the City Administrator that the driver be discharged from employment. (B) Second Positive Test Result: Where drug use prevents the driver from performing the safety sensitive functions of the job in question the appointing authority will recommend to the City Administrator that the driver be disciplined; including, but not limited to, discharge from employment. (C) Suspensions and transfers: Notwithstanding any other provisions herein, the City may temporarily suspend the tested driver with pay for up to 90 days or transfer that driver to another position at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest, provided the City believes that it is reasonably necessary to protect the health or safety of the driver, co-employees, or the public. 6. Alcohol Tests. (A) For an alcohol test result indicating an alcohol content of 0.02 or greater but less than 0.04 the employee shall be removed from duty. The driver shall not perform safety-sensitive functions until the start of the driver's next regularly schedule duty, but not less than twenty-four(24) hours following administration of the test. For the first or second offense the employee will use any accumulated vacation, 16 accumulated compensatory time or if they have no accrued leave time, the driver will not be compensated for the hours of work missed. For a third offense, if shall be the City's policy that the employee shall be suspended without pay for one full day on referred for an evaluation by a certified substance abuse professional. (B) For an alcohol test result indicating an alcohol content of 0.04 or greater the employee will be suspended without pay for 24 hours after completion of the test. Removed from all safety-sensitive functions until they have been referred for an evaluation by a certified substance abuse professional. If that evaluation determined that the driver is chemically dependent, the employer will give the employee an opportunity to participate in, at the employees own expense or pursuant to coverage under the_driver-s benefit pian. 7. Controlled Substance and Alcohol . The driver must complete any recommended treatment assessed by Substance Abuse Professional. Take a return to duty test with a negative drug test result or an alcohol test result indicating an alcohol content of less than 0.02. The driver is subject to random-follow up testing for 60 months. Random follow- up testing will occur a minimum of 6 times in the first 12 months following return-to- duty and shall not exceed 60 months from the date of the employee's return to duty. If the employee refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program as evidenced by withdrawal from the program before its completion; or is unable to perform the safety sensitive functions of the job in question because of a positive test result on any subsequent return-to-duty or follow-up testing after completion of the program or presents a direct threat to property or safety of others, or its otherwise considered unable to perform in good faith, the City may discharge the employee from employment. Nothing in this policy limits the right of the City to discipline or discharge a driver on other grounds, including but not limited to a conviction of any criminal drug statute for a violation occurring in the workplace. REFERRAL, EVALUATION, AND TREATMENT 1. Resource Advisory. Each driver who engages in conduct prohibited by federal law and this policy shall be advised by the City of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses, and telephone numbers of substance abuse professionals and counseling treatment programs. 2. Evaluation by a Substance Abuse Professional. Each driver who engages in conduct prohibited by this policy shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the driver needs in resolving problems associated with 17 alcohol misuse and controlled substance use. 3. Return-to-Duty Testing and Assistance. (A) Before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by a federal law or this policy, the driver shall undergo a return-to-duty alcohol test with the result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved a controlled substance. (B) In addition, each driver identified by as Substance_Abuse-Rr-ofessional-asneeding assistance in resolving problems associated with alcohol misuse or controlled substance use: (1) Shall be evaluated by a substance abuse professional to determine that the driver has properly followed any rehabilitation program prescribed under federal law and these rules; and (2) Shall be subject to unannounced follow-up alcohol and controlled substance testing administrated by the City following the driver's return to duty. The number and frequency of such follow-up testing shall be as directed by the substance abuse professional, and consist of at least six (6) tests in the first twelve (12) months following the driver's return to duty. The City may direct the driver undergo return-to-duty and follow-up testing for both alcohol and controlled substances, if the substance abuse professional determines that both resting in necessary for that particular driver. Any such testing shall be performed in accordance with the requirements of 49 C.F.R. Part 40. Follow-up testing shall not exceed sixty (60) months from the date of the driver's return-to-duty. The substance abuse professional may terminate the requirement for follow-up testing at any time after the first six (6) tests have been administered, if the substance abuse professional determines that such testing is no longer needed. 4. Rehabilitation. Any recommended participation in a counseling or rehabilitation program will be at the driver's own expense or pursuant to coverage under an employee's benefit plan. 5. Conflict of Interest Of Substance Abuse Professional. The City shall ensure that a substance abuse professional who determines that a driver requires assistance in resolving problems with alcohol misuse or controlled substance use does not refer the driver to the substance abuse professional's private or practice or to a personal organization from 18 which the substance abuse professional receives remuneration or in which the substance abuse professional has a financial interest. This paragraph does not prohibit through a public agency, the City or a person under contract to provide treatment for alcohol or controlled substance problems on behalf of the City, the sole source of therapeutically appropriate treatment under the driver's health insurance program; or the sole source of therapeutically appropriate treatment reasonably accessible to the driver. 6. Inapplicability Of Section. The requirements of this section with respect to referral, evaluation, rehabilitation do not apply to applicants who refuse to submit a pre- employment alcohol or controlled substance test or who have a pre-employment alcohol test with a result indicating an alcohol concentration of 0.04 or greater or a controlled substance test with a verified positive test result. APPEALS PROCEDURE 1. Concerning disciplinary actions taken pursuant to this City of Mounds View Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations, available appeal procedures are as follows: (A) Temporary employees. Temporary employees as defined in the City of Mounds View Personnel Policy shall have not right of appeal. (B) Non-veterans on probation. An employee who has not completed the probationary period and who is not a veteran has no right of appeal. (C) Non-veterans after probation. A regular employee who has completed the probationary period and who is not a veteran has a right to appeal to the City of Mounds View no later than 15 calendar days of the action, or the employee may utilize the employee grievance procedure in the applicable collective bargaining agreement. (D) Veterans. An employee who is a veteran has a right to appeal to the City of Mounds View a permanent demotion (including salary decreases), or a discharge, if the employee submits a notice of appeal within sixty calendar days of the action, regardless of status with respect to the probationary period. An employee who is a veteran may have additional rights under the Veterans Preference Act, Minn. Stat. 197.46 2. All notices of appeal not covered under a collective bargaining agreement must be submitted in writing to the City of Mounds View, Personnel, 2401 Highway 10. Mounds View, MN 55 112 which shall provide an appropriate hearing. DATA PRIVACY The City will not disclose the test results reports and any other information acquired in the drug 19 or alcohol testing process to another employer or to a third party individual, government agency, or private organization without the written consent of the employee tested, unless permitted by law or court order. GOOD FAITH EFFORT The City of Mounds View will make a continuing good faith effort to maintain an alcohol and drug-free workplace through the implementation of the City of Mounds View Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations. This policy implementing the federal Omnibus Transportation Employee Testing Act is based upon final federal regulations at the time of the adoption of this policy. Any revisions in_the federal rules shall take precedence over this policy to the extent that the policy has not incorporated the revised rules. 20 ni ,..__,,,J J REQUEST FOR COUNCIL.CONSIDERATION Agenda Section: g r Report Number: 9 5_1 556c. STAFFREPORT Report Date: 12-i 4-95 t �"" Council Action: Z. Special Order of Business CITY COUNCIL MEETING DATE December 19, 1995 0 Public Hearings ck Consent Agenda 0 Council Business Item Description: Resolution Approving Upper g Midwest Golden Gloves to Conduct Boxing Event at the Bel-Rae Ballroom, 5394 Edgewood Drive on JauuaLy 9, 1996 Administrator's Review/Recommendation: - No comments to supplement this report ✓' - Comments attached. Explanation/Summary (attach supplement sheets as necessary.)_ ,SUMMARY; • Attached to this staff report please find Resolution No. 4873 Approving Upper Midwest Golden Gloves to Conduct Boxing Event at the Bel-Rae Ballroom on January 9, 1996. These events have been held several times in the past with no signficiant incidences. II Michele Severson/ D!_puty Clerk l/` RECOMMENDATION. RESOLUTION NO. 4873 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING UPPER MIDWEST GOLDEN GLOVES TO CONDUCT BOXING EVENT AT THE BEL-RAE BALLROOM, 5394 EDGEWOOD DRIVE ON JANUARY 9, 1996 WHEREAS, Minnesota Statutes, 1992, 341.08 requires the consent of the governing body of any municipality before the State Boxing Commission issues any license to conduct boxing or sparring exhibitions in the municipality; and WHEREAS, Upper Midwest Golden Gloves has requestesi_consertof-the-Ci Council o conduct amateur boxing matches on January 9, 1996; and WHEREAS, the Council has approved similar amateur boxing matches conducted by the Upper Midwest Golden Gloves in the past without significant problems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that Upper Midwest Golden Gloves is hereby authorized to conduct amateur boxing matches at the Bel- Rae Ballroom, 5394 Edgewood Drive on January 9, 1996 contingent upon the following conditions: 1) A certified copy of the State License for said matches to be filed with the Clerk-Administrator (Interim City Administrator) 2) Two uniformed, sworn police officers, approved by the Mounds View Police Chief shall be in attendance. Said officers to be reimbursed by the promoter. 3) All beer, set-ups and other refreshments shall be dispensed in paper cups. 4) Premises shall be closed by 12:00 midnight. 5) Promoter shall provide Clerk-Administrator with a Certificate of Insurance from the promoter's liability insurance carrier, providing for coverages of $1 million for bodily injury and $100,000 for property damage. 6) The Mounds View Police Chief is authorized to stop any boxing show or take other appropriate action to discontinue any unlawful or undesirable activity associated with any boxing show conducted within the City of Mounds View. Adopted this 19th day of December, 1995. ATTEST: Mayor (SEAL) Interim City Administrator W pO 8 O a. O y y ,� n ? v 'o �o T v y o. a a y 0 a v o v z:;12 A 5 -� o o ft -- O ° F,.° 0q o- a ? � o Wc;q '' 5 R O ?7 •r � • 2 rt •` • '" c,rt.° �0 rp ,p a ti/j �q g a Ate ; � o . y � , o o y ` ° . s. 1:5 ° `'° An y iik, = o ,-'::,•;.z"7.1'.•,;-,••.•.a• ,':::,;(3,..io_ .,.. .t,,:--,-, ' lZrl �o ° ° , 'C a lb ti o �o IHi ,� o O �„ �, pL� .,: „... :.:::..i...[;..„,..,.,.., .;,..,:,,:„.,,,,..:....... ...,t �o � � i. 0o ; y o ,..,r4- w • ,z, .... \t1/4 ur O O a0,Q S Albk O • au-1 _ boQ �•� fo Oaa •o p n b VaN • H sV\ -o ora2 "a y sz• ° H a • ... ^ T ^ r n ° ! I I . _ ti • n n I ISSUE DATE(MM/DD/YY) CERTIFICATE OF INSURANCE 186115 ❑ 11/16/95 PRODUCER .t THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION . K & K Insurance Group, Inc . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1 712 Magnavox Way HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ' P. O. Box 2338 Fort Wayne, In 46801 COMPANIES AFFORDING COVERAGE INSURED • COMPANY TIG INSURANCE COMPANY UNITED STATES AMATEUR BOXING, INC. LETTER A (USA BOXING) AND ITS MEMBER CLUBS COMPANY 1750 EAST BOULDER STREET LETTER B COLORADO SPRINGS, CO 80909 COMPANY C • • . - .. ..- . ... LETTER COVERAGES . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN- DICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDI. TIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS(in thousands) LTR DATE(MM/DD/YY) DATE(MM/DD/YY) General Llabillty 1 2 : 0 1 AM 1 2 : 0 1 AM General Aggregate $ NONE A ®Commercial General Liability SSP 3 6 213 7 7 7 7/01 /95 7/01 /96 Products-Comp/Ops Aggregate $ 1 0 0 0 0 Claims Made ®Occur. Personal&Advertising Injury $ 1000 ❑Owner's&Contractors Prot. Each Occurrence $ 1000 ❑• Fire Damage (Any one fire) $ 90 • Medical Expense(Any one person) $ 9 . Participant Legal Liability $ 1000 Automobile UabIllty ' Combined ❑An •auto Lite Y ltmi t $ O All owned autos Bodily ury • El Scheduled autos (per r (per person) $ ❑Hired autos - • Bodily Injury 0 Non•owned autos (per accident) $ ❑Garage Liability, Property E3 • Damage $ • Excess Liability OcEach ••Aggregate 0 ❑Other than Umbrella form $ $ • Statutory Workers' Compensation $ Each Accident and Employers' Liability $ Disease-Policy Limit $ Disease-Each Employee • AD&D . $ Participant Primary Medical $ Accident Excess Medical $ • Weekly Indemnity $ . X DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS CLUB : •UPPER MIDWEST GOLDEN GLOVES EVENT: MN TOOL GOLDEN GLOVE SHOW LOCATION: BELRAE BALLROOM' EVENT DATE: 1/9/96 • • CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE • • CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE UPPER MIDWEST GOLDEN GLOVES ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS 1904 114TH AVE NW WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE C 0 0 Ni RAPIDS , MN 55433 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. . AUTHORIZED REPRESENTATIVE ra• ri.a., .-/Z.9 . C)P/ SL 39 • 1.92 ak1 )4 id 7 t CITY OF MOUNDS VIEW it 0 2401 HIGHWAY 10 MOUNDS VIEW, MN 55112 LICENSE APPLICATION FORM Date of Application //-17-/- BUSINESS 'BUSINESS NAME j)/74=-) /1)Pwl-` tp�/ifE/ 6/v U' Phone 7SS- 6 BUSINESS ADDRESS0'13/1 //3 � v (street) ec cx /?/7 /J 1'/l,t/ (city) (state) (zip code) OWNERS/CORPORATE OFFICERS/ASSOCIATES/PARTNERS (name and title: ) A4412. 544 v(0y /%1FS ''e v7`/� 7 ,��=t �/z.�--.4 5 ve.E HAVE YOU EVER HAD A LICENSE REVOKED? 100 If yes, attach explanation. REFERENCES: CITIES WHERE PREVIOUSLY OR CURRENTLY LICENSED FOR SAME ACTIVITY� (name of city and year(s) licensed) Mea,V1S !/!�'"J !�c<3-* 4///74/ 1 rs' eoo/12 Py/L5 / s f4 A4,04 AfiY/4,9 /”j- 5-77041o4 l fRs- Applicants for the following license(s) must complete the applicable section on the reverse side of this form: amusement devices, bowling alleys, dance halls, garbage collection, gasoline stations, kennels, and restaurants. * * * * * *. * * . * * * * * * * * * * _* * * * * * * * * * * * * * * I hereby certify that information provided on this application is true and correct and understand that any misrepresentation made herein may be grounds for denial of this application. , Applicant's name A)CPL4 .v/7 Cd yo � 'iv t/) S (please print) Last First Full Middle Date of birth 7 / 7 /2s' mo day year Applicant's signature PROOF OF WORKERS' COMPENSATION INSURANCE COVERAGE Minnesota Statute Section 176. 182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business in Minnesota until the applicant presents acceptable evidence of compliance with the workers ' compensation insurance coverage requirement of Section 176 . 181, Subd. 2 . The information required is: The name of the insurance company, the policy number, and dates of coverage or the permit to self-insure. This information will be collected by the licensing agency and put in their company file. It will be furnished, upon request, to the Department of Labor and Industry to check for compliance with Minnesota Statute Sec . 17 6-15-1,—ubei.-2-. This information is required by law, and licenses and permit to operate a business may not be issued or renewed if it is not provided and/or is falsely reported. Furthermore, if this information is not provided and/or falsely reported, it may result in a $1,000 penalty assessed against the applicant by the Commissioner of the Department of Labor and Industry payable to the Special Compensation Fund. Provide the information specified above in the spaces provided, or certify the precise reason your business is excluded form compliance with the insurance coverage requirement for workers ' compensation. Insurance Company Name: /< )4- /( NS d" 4) ''-'4e4/0/' LA/C_ (NOT the insurance agent) Policy Number of Self-Insurance Permit Number: SS R 437 77 Dates of Coverage: J*[.fir- / /yys' J 04Y / / Y (or) I am not required to have workers ' compensation liability coverage because: M I have no employees covered by the law. ( ) Other (Specify) I HAVE READ AND UNDERSTAND MY RIGHTS AND OBLIGATIONS WITH REGARDS TO BUSINESS LICENSES, PERMITS AND WORKERS' COMPENSATION COVERAGE, AND I CERTIFY THAT THE NFORMATION PROVIDED IS TRUE AND CORRECT. Signatur� CITY OF MOUNDS VIEW ITEM 6.B. COUNTY OF RAMSEY STATE OF MINNESOTA MINU 1'ES OF THE PROCEEDINGS OF THE MOUNDS VIEW CABLE COMMITTEE Wednesday, November 8, 1995 8:00 a.m. Mounds View City Hall CALL TO ORDER The meeting was called to order at 8:06 a.m. by Committee Chairperson Jerry Skelly, Sr. A I I ENDANCE Present at the meeting were Chairperson Skelly, Committee- members Don Hodges, Cable TV Producer Sue Henry, CTV Liaison Dale Irving, Parks and-Recreation Director Mary Saarion and Parks and Recreation Adm. Asst. Sharie Linke. Committee members Peg Meyer, Barbara Haake and Council Liaison Sue Hankner were absent. APPROVAL OF AGENDA Chairperson Skelly requested the addition of meeting dates discussion be added to the agenda. A motion was made by Don Hodges, seconded by Mary Saarion to approve the agenda with addition. Motion carried unanimously. APPROVAL OF OCTOBER 12 MIND"1'ES A motion was made by Mary Saarion, seconded by Sue Henry to approve the minutes as written. Motion carried unanimously. OPENING COMMENTS BY JERRY SKELLY Chairperson Skelly reviewed the election night coverage and commented that Barbara Haake did a great job co-hosting the coverage with Larry Morsett. The worked from 8:30 - 11:30 p.m. to provide continual coverage of election results for north suburban cities and school districts. He added that the computer generated graphics were also quite good. News of an anticipated sale of Meredith Cable to Continental Cable was reported by Chairperson Skelly. He added that Continental is one of the largest cable companies in the country. The addition of the History Channel was reported and will probably be located on Channel 70 but this is not for sure as of yet. REPORT OF SUE HENRY Cable TV Producer Sue Henry reported that the taping of View from the Mound went well. All interviews and PSA's were completed during the taping with no additional editing to be done. The taping began at 2:00 p.m. and was completed by around 5:30 p.m. This included the taping of Conversation with the Mayor. ,,:✓ REQUEST FOR COUNCIL.CONSIDERATIONAgenda Section: R n Report Number: 9 5-1 5 5 7 r lir STAFF REPORT Report Date: 12-1-1L-95 Council Action: 1 �: Special Order of Business CITY COUNCIL MEETING DATE �FrEMRER o„ a a s 0 Public H earingso x� Consent Agenda 4 0 Council Business Item Description: Consideration of Resolution No.4876 Approving the 1996 Labor Agreement Contract with Public Works and Parks Maintenance Bargaining Unit Administrator's Review/Recommendation: - No comments to supplement this report_ glfrti - Comments attached. Explanation/Summary (attach sup_plement_sheets as-necessatyr) - ,SUMMARY, As discussed at the November worksession, the attached 1996 Labor Agreement with Public Works and Parks Maintenance Bargaining Unit reflects the following new provisions . • Annual compensation adjustment 3% . • Weekend Beeper- instead of tracking beeper time on a pay period basis, it would be tracked on a daily basis. There is not cost with this provision, it only allows more flexibility for trading beeper time. • Uniforms-increase the yearly allotment for required work boots from 25/yr. to 35/yr. This Agreement covers the time period of January 1, 1996 through December 31, 1996. • 0 1 C OA/ Ly ett1 e Morgan Administrative Aide REC°ANARNATignhe reading and approve the 1996 Labor Agreement with Public Works and Parks Maintenance Bargaining Unit. RESOLUTION NO. 4876 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING THE 1996 LABOR AGREEMENT CONTRACT WITH PUBLIC WORKS AND PARKS MAINTENANCE BARGAINING UNIT AND 1996 COMPENSATION SCHEDULE AND INSURANCE CONTRIBUTION SCHEDULE WHEREAS, representatives from the Public Works and Parks Maintenance Bargaining Unit have met and discussed the 1996 Labor Agreement, - WHEREAS, it is proposed the 1996 Public Works and Parks Maintenance Compensation annual compensation adjustment be 3%; and WHEREAS, the City shall make a contribution of up to $330/mo., towards the cost of family health insurance and shall pay the entire premium for full-time single health insurance coverage, effective, 1/1/96. Now, Therefore Be It Resolved, the City Council of the City of Mounds View approve the 1996 Labor Agreement Contract with Public Works and Park Maintenance Bargaining Unit and the 1996 Compensation Schedule and Insurance Contribution Schedule. Adopted this 19th day of December, 1995 ATTEST: Mayor (SEAL) Interim City Administrator LABOR AGREEMENT BETWEEN THE CITY OF MOUNDS VIEW AND STEVEN-DD-AZENSKJ -LAWRENCE-D HETNE WILLIAM G. HANGGI WILLIAM G. HANSON GARY G. KARDELL WALLACE R.MORTENSON TIMOTHY PITTMAN MARK ANDRESCIK JEFFREY WIENKE TIMOTHY FREDBERG JANUARY 1, 1996 - DECEMBER 31, 1996 1 TABLE OF CONTENTS ARTICLE PAGE I PURPOSE OF AGREEMENT 3 II CITY AUTHORITY 3 III APPLICABILITY OF CITY PERSONNEL CODE 4 IV GRIEVANCE PROCEDURE 4 V DEFINITIONS 4 VI SAVINGS CLAUSE 4 VII WORK SCHEDULE _ 5 VIII OVERTIME PAY 5 IX CALL BACK 5 X LEGAL DEFENSE 6 XI RIGHT OF SUBCONTRACT 6 XII DISCIPLINE 6 XIII SENIORITY 6 XIV PROBATIONARY EXPENSES 7 XV SAFETY 7 XVI JOB POSTING 7 XVII INSURANCE 7 XVIII INJURY ON DUTY 8 XIX CLOTHING 8 XX STANDBY DUTY 8 XXI PERFORMANCE REVIEWS 9 XXII JOB CLASSIFICATION SYS. 9 XXIII WAGES 12 XXIV INTERMITTENT LEAD WORKER 13 )(XV DEPARTMENT LEAD DESIGNATION 13 XXVI DURATION 13 2 ARTICLE I. 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 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 II. 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 6 of the Municipal Code, entitled Personnel, and shall remain solely within the discretion of the CITY to modify, establish, or eliminate. 3 ARTICLE III. APPLICABILITY OF CITY PERSONNEL CODE 3.1 Except where specifically superseded by this agreement, the PersonnelCode,Chapter 6 of the Municipal Code, of the CITY shall regulate all conditions of employment. ARTICLE IV. GRIEVANCE PROCEDURE 4.1 The grievance procedure for the EMPLOYEES shall be as prescribed by Section 6.10 of the Personnel Code. 4.2 Grievances relating to performance reviews shall be limited to Steps 1 and 2 of the established procedures. ARTICLE V. 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 VI. 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 VII. 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 4 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. 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 workin• of erthan 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 VIII. 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 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 IX. 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. 5 ARTICLE X 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. 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 XI. 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 XII. DISCIPLINE. The EMPLOYER will discipline employees only for just cause. Suspension, demotion and dismissal actions shall be regulated by the Personnel Code. ARTICLE XIII. 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 XIV. PROBATIONARY PERIODS 14.1 All newly hired or rehired EMPLOYEES will service a six(6) month probationary period. 14.2 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. 6 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 XV. 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. 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 $65 in a two (2)year period. ARTICLE XVI. 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 XIV (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. ARTI.CLE XVII. INSURANCE 17.1 The CITY will contribute up to a maximum of three hundred thirty dollars($330) per month per employee for group health and life insurance for dependent coverage for calendar 1996. 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. 7 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 XVIII 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. ARTICLE XIX. 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/year or up to a maximum of$105.00 in 3 years toward the purchase of one pair of safety shoes of a type approved by the City. ARTICLE XX. 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 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 CITYshall furnish a vehicle for the EMPLOYEE to take home at his choosing during the period of standby duty. 8 20.5 A schedule of employees and their assigned standby dute 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 XXI. 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. ARTICLE XXII. JOB CLASSIFICATION SYSTEM. 22.1 A 4 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 ofthe 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 9 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. All areas - Successful completion of a certified heavy equipment training program or equivalent training and experience. Water- Class D Water Supply System Operator's Certificate Sewer- Class 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. 10 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, thefollowing 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 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 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 11 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 followingareasAnust_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 XXII. WAGES. 23.1 The following wage schedule will be in effect from the first payroll period in 1996 through the last payroll period in 1996. 1996 (3%) LEVEL A $ 11.54 per hour LEVEL B $ 13.55 per hour LEVEL C $ 15.70 per hour LEVEL D $ 16.01 per hour 23.2 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. 12 ARTICLE XXIV. INTERMITTENT LEAD WORKER 24.1 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. 24.2 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. 24.3 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. 24.4 The Lead Worker will receive a pay differential of$0.50 per hour while assigned as the Lead Worker. ARTICLE XXV. DEPARTMENT LEAD DESIGNATION An employee who has been designated by the City to be Department Lead shall receive $1.00 per hour additional compensation. ARTICLE XXVI. DURATION. This AGREEMENT shall be effective as of January 1, 1996 and shall remain in full force and effect until December 31, 1996. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this_day of December 19, 1995. CITY OF MOUNDS VIEW: Mayor Interim City Administrator 13 i • EMPLOYEES: Steve D. Dazenski Lawrence Decheine William G.Hanggi William G. Hanson Gary G. Kardell Wallace R. Mortenson Timothy J. Pittman Jeffrey Wienke Mark Andrescik Timothy Fredberg RESOLUTION NO. 4874 ITEM 8=F. CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPOINTING OFFICIAL NEWSPAPER, ACTING MAYOR AND OFFICIAL DEPOSITORY FOR 1996 WHEREAS, it is the policy of the City of Mounds View to appoint the official newspaper, Acting Mayor and Official Depository at its Annual Meeting each year; and WHEREAS, it is the desire of the Mounds View City Council to confirm these appointments for 1996. N-OW1/-TI FCREFORE, BEITRESOLVED that the City Council of the City of Mounds View hereby appoints the following: Official Newspaper: Primary: Bulletin Secondary: St. Paul Pioneer Press Acting Mayor: Phyllis Blanchard Primary Depository for checking accounts, savings accounts and investments: Western Bank Secondary Depositories: First Bank Systems Investment Services Norwest Bank Minnesota American National Bank St. Paul Offerman and Company, Inc. Merrill, Lynch, Fenner and Smith, Inc. Dain, Bosworth, Inc. Citicorp/City Bank Dean Writter Reynolds, Inc. TCF Banks Piper Jaffray, Inc. . Paine, Webber and Company, Inc. Prudential Securities, Inc. Prime Vest Financial Services, Inc. Smith, Barney, Shearson Adopted this 19th day of December, 1995. ATTEST: Mayor (SEAL) Interim City Administrator RESOLUTION NO. 4875 ITEM 8.E. CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RESCHEDULING CITY COUNCIL MEETINGS FALLING ON LEGAL HOLIDAYS WHEREAS, Chapter 105 of the Municipal Code provides for regular meetings of the Mounds View City Council to occur on the second and fourth Mondays of each month; and WHEREAS, Chapter 105 of the Municipal Code states that agenda meetings of the Mounds View City Council may be held on the first and third Mondays of each month; and WHEREAS, certain Mondays in 1996 are dates recognized as legal holidays, thus prohibiting an official meeting of the Mounds View City Council; and WHEREAS, it is the desire of the Mounds View City Council to reschedule those meetings in conflict with legal holidays; and WHEREAS, it is the desire of the Mounds View City Council to reschedule meetings which may represent schedule conflicts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the following meeting dates are rescheduled as shown: Original Date Rescheduled Date May 27, 1996 May 28, 1996 September 2, 1996 (Work Session) September 3, 1996 September 23, 1996 September 24, 1996 November 11, 1996 November 12, 1996 Adopted this 19th day of December, 1995. ATTEST: Mayor (SEAL) Interim City Administrator CM OF REQUEST FOR COUNCIL CONSIDERATION AgendaeortNumber: R Report 95—1 5 5 8 C Report Date: 1 -14-95 STAFF REPORT Council Action: ❑ Special Order of Business CITY COUNCIL MEETING DATE faramhar 1 9 1995 ❑ Public Hearings Consent Agenda ❑ Council Business Item Description: Resolution No. 4870 Amending the 1996 General Fund Budget Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY: Staff requests Council consider Resolution No. 4870, A Resolution Amending The 1996 General and Economic Develpoment Fund Budgets. Staff has identified a number of items which were included in the 1995 Budget and which could not be purchased in 1995. The proposed resolution would add those items to the 1996 Budget. Attached are memos from Staff members that describe the items and the rationale for adding them to the 1996 Budget. Shouldou have any y questions please do not hesitate to contact me. Staff awaits Council direction in this matter. , Mary 3atarek, Interim Finance Coordinator RECOMMENDATION; Adopt Resolution No. 4870, A Resolution Amending The 1996 General and Ecomomic Development Fund Budgets. MEMORANDUM TO: Mayor and Councilmembers FROM: Mary Tatarek, Interim Finance Coordinator DATE: December 14, 1995 SUBJECT: 1995 Budget Rollovers into 1996 Several accounts in the Finance Department are under budget for 1995. Staff had budgeted monies in order to purchase a new software product being developed by our present financial accounting software company: Project Accounting. Due to some setbacks in the development process, that software package was not available in 1995. The department was, also, able to save money in 1995 by using a typewriter from the Community Development Department. The Finance Department is in need of better workstations for our personnel. Both our Payroll Clerk and Utility Accountant have seen doctors due to muscle stress. An ergonomics specialist reviewed the work areas at City Hall. He found the Payroll Clerk's work area to be the one most in need of improvement. He proposed a new workstation in her cubicle of an estimated cost of$1,600. Staff wants to review all options and not to feel the pressure of having to purchase before the end of the year. The new water meter system will require another printer for the reports which will be generated. The installation of the new system will not be completed in 1995. After the system is running in 1996, the Utility Clerk will be able to better judge what kind of printer will best service the system's needs. The fund transfer will allow staff to make better use of the monies in 1996. In 1996, staff will review the computer software and equipment needs so as to choose the best options. Monies were budgeted for the council/staff picnic in 1995 but were not used. Staff requests that $250 of those funds be transferred into 1996 for the council/staff event. MEMORANDUM DATE: November 29, 1995 TO: Mary Tatarek, Interim Finance Coordinator From: Cathy Bennett, Economic Development Coordinator (litfit---- RE: Rollover Requests for 1996 • The following is a summary of the rollover requests from the Economic De velopment Pr gramf or-1-995 into-tlre Economic Development?Togram Budget for 1996. Economic Development - Marketing: $1,770 from Account No. 100-4550-342, Advertisements These remaining funds in this account include the balance of the NSP Grant that is to be used to assist in funding Mounds View's 1995/96 Marketing Program. The banners have already been expended out of this account in 1995 but the remainder needs to be rolled into 1996 since the funds are to be used exclusively for the program. It is anticipated that the remaining funds will be used for various marketing activities in 1996 such as the "Buy Mounds View First"Program and a Mounds View Monument Sign. $1,150.00 from Account No. 100-4550-343, Printing These funds were designated for the printing of a Business Directory in 1995. We have not completed the production of the directory since an advertising policy for both the directory and Mounds View's newsletter needs to be evaluated at the Council level. Although we anticipate that a majority of the costs will be absorbed by advertising, we still need funds available in case the solicitation of advertising does not cover the total costs of design. production. printing and mailing. It is anticipated that an advertising policy will be presented to the Council in January with the directory produced this winter. Economic Development - Business Retention & Development: $2,000 from Account No. 100-4530-303, Other Professional Services The funds in this account are for professional services relating to Mounds View's business retention and development efforts. There is a balance in this account since the City did not decided to participate in some of the follow-up surveys of the Business Retention and Development Commission (RDC) in 1995. Rolling these funds over to 1996 would allow us to participate in RDC's 1996 work plan efforts as discussed at the December work session. MEMORANDUM TO: MARY TATAREK, INTERIM FINANCE COORDINATOR FROM: JOYCE PRUITT, PLANNING ASSOCIATE DATE: November 29, 1995 SUBJECT: FUND ROLLOVERS - 1995 TO 1996 Please include the following in the resolution allowing the rollover of 1995 funds to 1996. $2000 from account 100-4187-703 to account 100-4187-703 These monies were budgeted for the purchase of Building Inspection software ($2000). Staff has found that the Planning Associate, Building Inspector and Secretary are often times working on projects which require the sharing of information. Staff has explored several software packages, but have found either they do not include all desirable options, or the cost for the software is higher than we anticipated. Staff would like to further explore additional software packages which incorporate both Building and Code Enforcement information in one system. MEMO TO: MARY TATAREK, FINANCE COORDINATOR FROM: DAWN POSTUDENSEK, ADMINISTRATION DATE: NOVEMBER 30, 1995 SUBJECT: FUND ROLLOVERS 1995 TO 1996 Please include the following in the resolution allowing the roll of 1995 funds to 1996, if available. Up to $1,572.01 from Administration Training Account#100-4130-363000 n,le to-the-chan of City ty software,-additional-training willberequired in 1996 that was unanticipated during the origination of the 1996 budget. MEMO TO: MARY TATAREK, FINANCE COORDINATOR FROM: DAWN POSTUDENSEK, ADMINISTRATION DATE: NOVEMBER 30, 1995 SUBJECT: FUND ROLLOVERS 1995 TO 1996 Please include the following in the resolution allowing the roll of 1995 funds to 1996, if available. Up to $3,800 from Human Resources Account#100-4132-363000 Due to the change of City software, additional training will be required in 1996 that was unanticipated during the origination of the 1996 budget. MEMO TO: MARY TATAREK, FINANCE COORDINATOR FROM: MARY SAARION, DIRECTOR PARKS, RECREATION AND FORESTRY DATE: NOVEMBER 29, 1995 SUBJECT: FUND ROLLOVERS - 1995 TO 1996 Please include the following in the resolution allowing the roller of 1995 funds to 1996. $31,000.00 from Parkland Acquisition Account #100-4362-703 These monies were budgeted for the purchase of property next to Groveland Park but but are unable to be used in 1995 because of delays in documentation from Ramsey County. We anticipate rolling over unused 1995 funds from the Bridges Golf Course into 1996. I will provide you with these amounts at a later date. RESOLUTION NO. 4870 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION AMENDING THE 1996 GENERAL FUND AND THE ECONOMIC DEVELOPMENT FUND Be it resolved by the Council of the City of Mounds View that the 1996 General Fund Budget and the Economic Development Fund are hereby amended by the addition of the following amounts: General Fund: Revenues 100-3850 Appropriation of Fund Balance $ 50,242 Expenditures 100-4100-160 Council, Supplies $ 250 100-4130-363 Administration, Training 1,572 100-4132-363 Human Resources, Training 3,500 100-4155-703 Fin-Acct'g & Payroll,Equipment 7,000 100-4362-701 Parks-Capital, Land 31,000 100-4187-703 Inspections, Equipment 2,000 100-4700-990 Transfers Out 4.920 Total Expenditures $50,242 Economic Development Fund: Revenues: 495-3850 Appropriation of Fund Balance $4,920 Expenditures 495-4550-342 Marketing, Advertisements $1,770 495-4550-343 Marketing, Printing 1,150 495-4530-303 Bus. Ret'n & Dev., Prof Sery 2.000 Total Expenditures $4,920 Adopted this 19th day of December, 1995. ATTEST: I Mayor Clerk-Administrator Ju„��O� REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 11.A. 95-1559C Report Number: Report Date: 12-14-95 STAFF REPORT Council Action: ❑ Special Order of Business CITY COUNCIL MEETING DATE December 19, 1995 0 Public Hearings 0 Consent Agenda xEl Council Business Item Description: Consideration of Ordinance No. 570 Amending Title 1100, "New and Used Automobile Dealerships" Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) -ST MMARY; Following discussion at both the Planning Commission and City Council levels this past summer, Staff has put the proposed New and Used Automobile Dealership regulations in Ordinance form for consideration by the Council. 4°- Paul 41arrington, Interi City Administrator RECOMMENDATION; Waive the reading and formally introduce Ordinance No. 570 regulating the establishment and operation of New and Used Automobile Dealerships. Additionally,set a Public hearing for January 8, 1996 to consider final adoption of same. ORDINANCE NO. 570 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF MOUNDS VIEW BY AMENDING TITLE 1100 ENTITLED "ZONING CODE" The Council of the City of Mounds View does hereby ordain: SECTION I. Title 1114.04, Subd. 8, shall be amended by adding the following: Subd. 8 New and Used Automobile Dealerships provided that: a. Motor vehicle sales shall be on one lot or contiguous lots not separated by a public street, alley, or other use. b. The minimum lot width shall be 150 feet at the minimum required front yard setback, as defined in Section 1104.01, Yard Requirements for B-3 Zoning Districts. c. A minimum lot area of two (2) acres is required. d. Setbacks shall be as required in Section 1104.01, Yard requirements for B-3 Zoning Districts. e. The entire site on which motor vehicle sales is located, other than that devoted to buildings and structures or landscaped areas shall be surfaced and maintained with a material to control dust, drainage and erosion which is subject to the approval of the Director of Public Works/City Engineer. f. A drainage system, subject to the approval of the Director of Public Works/City Engineer, shall be installed and maintained. All provisions shall apply as included in Chapters 1103, 1010 and 1302 relating to Surface Water Management. g. No mechanical car washes shall be allowed on site. h. The following parking requirements shall be met: (1) All customer and employee parking spaces shall be permanently and clearly marked. (2) For every three(3) employees, a minimum of two (2) employee parking spaces shall be provided. (3) A minimum of two (2) off-street parking spaces for each service stall are ORDINANCE 570 PAGE TWO OF THREE required. The foregoing required parking spaces shall be shown and designated on the site plan. i. All outdoor illumination on sales lots shall be provided with lenses, reflectors, or shades, which will concentrate the light upon the premises so as to prevent glare or direct rays and shall be in compliance with Section 1103.09 of the Municipal Code. j. The maximum areas permitted for outside storage of new or used automobiles can not exceed two (2) square feet of outside storage to each one (1) square foot of enclosed ground floor area. Not more than one (1) automobile shall be stored on each 40 square feet of outside storage. No rooftop parking shall be permitted. k. Accessory buildings to be used solely for sales offices shall not be permitted. Such accessory buildings as are permitted shall be constructed of the same materials as the main structure. 1. All signing and informational or visual communication devices shall be in compliance with the Chapter 1008.08 of the Sign Code regulations. m. A minimum 10% of the property, excluding setback requirements, is required for landscaped greenspace. The planting plan and type of shrubbery shall require approval of the Planning Commission based upon a recommendation of City Forester. n. A natural screen shall be erected and maintained along all property lines separating the site from any Residential District. The screening shall include landscaping(trees, shrubs, grass, etc.) of a type (layout, species, height, size and density) in compliance with Subdivisions 1103.08, of the Title. o. The hours of operation of the facility shall be 7:00 a.m. to 10:00 p.m. p. Test driving routes and patterns must be submitted and approved prior to operation of an automobile sales lot. q. No music or advertisements will be allowed. r. All provisions shall apply as included in Section 1103.01 relating to noise within the City Code. s. All car lots shall be brought into conformance within seven(7)years of the date ORDINANCE NO. 570 PAGE THREE OF THREE this ordinance is effective. Read by the City Council of the City of Mounds View on December 19, 1995. Read and passed by the City Council of Mounds View this 8th day of January, 1996. ATTEST: MAYOR (SEAL) ACTING CLERK-ADMINISTRATOR APPROVED TO AS FORM: CITY ATTORNEY ti;� REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 11. B. J","�(✓� Report Number: 95-1560C STAFF REPORT Report Date: 12-14-95 Illor "'� Council Action: 0 Special Order of Business CITY COUNCIL iVIEETING DATE December 19, 1995 0 Public Hearings 0 Consent Agenda NE Council Business Item Description: Code Appeal for Address Change for Sunrise United Methodist Church Administrator's ReviewfRecommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) Sunrise Lutheran Church has made application for an address change from 2520 County Road I to 2520 Long Lake Road. The applicant is requesting the change because the driveway entrance is located off Long Lake Road, not County Road I, and, therefore, would be a better indicator of where the Church is located. Chapter 903, "Building Numbers," provides for an address change under Section 903.03, Subd. 1. According to this section of the Municipal Code, all address changes require ordinance adoption. This ordinance will require a first and second reading. Following the second reading, publication will be made in the official newspaper, and the new address change will become effective 30 days following its publication. P1- in: Associate, Jo Pruitt RE C 0 MNIENDATIO N; Approve introduction of Ordinance# 571, An Ordinance Amending the Municipal Code of Mounds View by Amending Chapter 903 Entitled "Building Numbers." ORDINANCE NO. 571 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 903/ENTITLED `BUILDING NUMBERS" The Council of the City of Mounds View does hereby ordain: SECTION I. Chapter 903.03, "Number Changes" is hereby amended by adding the following: AS PART OF SUBDIVISION 2, "Housing and Building Number Changes." Changes of January 8, 1996. The following house and building address number change shall be effective January 08, 1996. PREVIOUS NUMBER NUMBER CHANGE TO 2520 County Road I 2520 Long Lake Road (Legal: Subject to Long Lake Road and County Road I and except part in South 15 acres of NW 1/4 of NW 1/4 the West 388.5 feet of said 1/4 1/4 of Section 8 Township 30 Range 23; PIN 08-30-23-22-0038.) SECTION II. This ordinance shall take effect 30 days after the date of its publication. Read by the Council of the City of Mounds View on this 19th day of December, 1995. Passed by the Council of the City of Mounds View this 8th day of January, 1996. ATTEST: Mayor (SEAL) Acting Clerk-Administrator APPROVE AS TO FORM: City Attorney QTY OF Agenda Section: 11.C. 1111REQUEST FOR COUNCIL CONSIDERATION Report Number: 95-15610 706Report Date: 12-14-95 STAFF REPORT Council Action: � ❑ Special Order of Business CITY COUNCIL MEETING DATE December 18, 1995 ❑ Public Hearings ❑ Consent Agenda X7 Council Business Item Description: Consideration of Replacement of Inspection Camera Traction Unit Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY: Approximately four years ago staff purchased a traction unit for the underground inspection camera unit . This traction unit enabled staff to become more efficient in inspecting sanitary sewers, and enhanced the safety of the operation. Entering manholes to connect tow cables was no longer necessary. Normal maintenance and repair of this unit has taken place throughout the years of operation. Recently the transmission has failed, rendering the unit inoperable. The necessary repair will cost an estimated $2, 200 . Staff has spoken with the factory representative regarding the operation of the traction unit . The ' environment that this piece of equipment is such that rebuilding and repair of this equipment is not unusual . Staff had anticipated replacing the traction unit in the Long Term Financial Plan. The scheduled year was 1997 . At that time a new style unit would be purchased that would elevate the transmission and replace the tracks with wheel driven mobility. The inspection unit is inoperable at this time. Staff is requesting to replace the traction unit at this time verses spending funds repairing a unit, that could possibly be replaced at it' s scheduled date. Cost of replacement at this time would be approximately $7, 000, including trade in. Staff has identified $2, 600 of unutilized capital funds in the Wastewater budget . Staff is requesting to fund the remainder of the purchase with funds available in the Wastewater Contingency account . Should Council authorize the replacement verses repair of the traction unit, the following recommendation is prepared for your consideration. If Council has any questions or concerns regarding this matter, please feel free to call me. / /'... .._ Michael Ulrich, Director of Public Works RECOMMENDATION• Authorize the purchase of a new traction unit from Cues, Inc. for the amount of $7,000, to be funded from unused capital funds ($2,600) in account #730-4126-703 Wastewater Underground Insp. and a transfer of $4,400 from account # 730-4123-910 Wastewater Contingency to account #730-4123-703 . 0 Is (D IP.- 0 —\\S-1 v .0 3 T p 3 14 v (u - _T 0 \ \\ am D O O 01 (D ti v `4- r D m m n o m• VCD o W 0 DO0 DJr3m v * -65 . - 0 0 m mpZ 0 I o t> .< 0 - m m -o o o , (U m-. m3 n N N m P. > o m m ,. 1 y5gcnwm000 In R, - O N O r \ D 1 Z MD o X p — -------- o z jD z a] A(n0 �� r • — — -- — c 0 nC m 02<71 n ANS mit 0 v,cn-c_ D --1 V • — �0LZHIO0K D 1-3 H I p,_0HI Z n -- — 2 mom _ n • -- o�Z cn'-4-00°-1 m �_-� P 1 ivp-1 i0-4-i r N ------- 1 1 -•L Z C Z Z C` wmp =O 0 m 1 Npm =�p� = n (0 -iN' u -imOu, H N- OO,iji ,o G =O� N H mL . p • — -- rn07--1▪m u00v' v, _ z , � �m� � � z � �_ .---__..--___-- I _NG *-111 O M v 0 �7 -- - -------- — N p O -I=S b 1 CD a NOH • 1 Es,-r. ,-- Z O O 0 WM1 I v'U00pAn00 j m o `�� 40 I, ���„L� izO�rn▪u� v [_� IOW 5 w, pZ0 51.N6 02 O� m 9 Zmcn a 6 Nu p_Zi�� i iu' m n Ho (?'LOOZ *HIO 0, I CI 0271� � C o -0 03 01 H -1 0 0 a H �Z� �� zmo0 m Z O L--0 O-1n*=�=,OOoi� m C__) m O0 H�m=J00Hcn 0 Fp- m 0 '5i uOO(n� t�1 ZOO-I O x N I ______ • i p m 0�w j mood m n 0-1-4 - 4 CO pCnQ N 01H Z O N w • 0 0 3 (u 0 D g (n in Z i _ 3 IP a 0 N cn 3 m O m 0 x O D D G-) • —� m — r O vi I A 6 . 11 `• 0 77 S7 Agenda Section: 11.D. ����� REQUEST FOR COUNCIL CONSIDERATION Report Number: 95-1562C STAFF REPO T Report Date: 12-14-95 si Council Action: Special Order of Business CITY COUNCIL MEETING DATE December 19, 1995 0 Public Hearings 0 Consent Agenda 121 Council Business Item Description: Resolution No. 4846 Authorizing the Purchase of Software Upgrades Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. ExpIanation/Summary (attach supplement sheets as necessary.) $TJ MMA Y; At the November 13 , 1995 City Council meeting, Resolution No. 4846 was adopted by the Council. Resolution 4846 authorized, in part, the purchase of computer software upgrades for City personnel. The amount of the upgrades was not to exceed $4, 600. Staff has received the invoice and, the cost of the upgrades has exceeded the budgeted amount by $320. 30 I have attached a memorandum from Engineering Aide Jim Hess for your information. • Raul Harrington, In erim City Administrator • • RECOMMENDATION; Amend Resolution No. 4846 to allow purchase of software upgrades at a cost of $4, 920. 30 out of MIS account no. 100-4139-703 . MEMO To: Paul Harrington From: Jim Hess Subject: Purchase of software upgrades Date: December 14, 1995 The invoice received for the upgrades to Word Perfect and Lotus is $4,920.30. This is $320.30 higher than the$4600.00 amount approved by the council. This is due to the fact that the original amount was from a before tax quote and also the additional licenses for the Lotus upgrades were not as quoted by the vendor. Also, more than one set of complete disks were purchased to ease the installation process. • RESOLUTION NO. 4846 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE PURCAHSE OF A FILE SERVER UPGRADE AND SOFTWARE UPGRADES WHEREAS, the City's computer consultants have developed and determined the criteria needed for the purchase of a new computer network file server which intefaces with all networked computers and stores data and backs up files to meet the needs of the City. WHEREAS, the MIS (Management Information Services) committee has researched the City's current, future and on-going computer and communication needs to determine the uniform standard for all hardware and software application. NOW, THEREFORE, BE IT RESOLVED, that the City should upgrade to a 75 megahertz hard Pentium processor and 2 gig hard drives at a cost not to exceed the 1995 budgeted of$4,000. BE IT FURTHER RESOLVED, that the City upgrade its current wordprocessing and spreadsheet applications at an estimated cost not to exceed $4,600. Adopted this 13th day of November 1995 ATTEST: Mayo (SEAL) City Administr for 1020051st Avenue North REMIT TO: P.O. Box E-1414, NCB-37 INVOICE DATE INVOICE NUMBER PAGE Minneapolis,MN 55442 Minneapolis, MN 55480 ./�::4/`/ti /66Y 612-557-2500 S CITY OF MOUNDS VIEW s CITY OF MOUNDS VIEW 0 ACCOUNTS PAYABLE DEPT H ACCOUNTS PAYABLE DEPT D 2401 HIGHWAY 10 . p 2401 HIGHWAY 10 T MOUNDS VIEW MN 55112 T MOUNDS VIEW MN 55112 0 0 ORDER NO. ORDER DATE COST.NO. SALESMAN YOUR PURCHASE ORDER Na DATE SHIPPED FREIGHT - = s / s? / 11/ < -/._ I U U(i t) -ter t :,±f(D 1 /:2 /Y, 11 '§ITP. ft4'=<t NET .'t i DAYS TERMS y ORDERED SHPPED ego CODEY. - ITEM NUMBER DESCRIPTION/SERIAL NUMBER ORDER UNIT PRICE EXTENDED PRICE *MIN-LOT-O92047 MFR PART # LOT-092047 P 96.00 288.00 LOTUS V5.0 F/WINDOWS UPGRADE EG# 266346 .1 1 *A-NOFRE I GHT MFR PART #• NA P ,00 -NO CHARGE -EOR-FRT R.. HANDLING 17 17 *MIN-LOT-091454 MFR PART # LOT-091484 P 96.00 1 ,67'7.00,6T2. Ira UPGRADE LOTUS V5.0 WINDOWS LICENSE EG# 208967 *MIN-WPN-00662644C)2912 ' MFR PART # WPN-0O662644029 P 117.00 751 .00 WORD PERFECT F/WIN V6. 1 COMP TITIVE UPGRD FULL PKG EG1052 29 29 *MIN-WPN-00662644029160 MFR PART # WPN-00662644029 P 81 .00 2,749.00 1 WP FOR WINDOWS V6. 1 ADDT` L L 1 UPGRADE EG# 245856 OMMENTS: SALE AMOUNT ► 4,A7,0.00 MISC. CHARGES ► SALES TAX 0. _00.70 CONTACT: JIM HESS 784-7059 .J: - 5 - r,��---=t_�.�5 SHIPPING ► MONTHLY SERVICE CHARGE OF 2%APPLIES TO OVERDUE ACCOUNTS TOTAL ► 4,920. I-. 20 REV 5/94 P-PURCHASE L-LEASE DT-DEMO-TERMINAL Pi-REMOVAL B-MISC.BILLABLE LP-LEASE/PURCHASE DS-DEMO-SYSTEM M-MAINTENANCE USE N-MISC.NON-BILLABLE C - THIS IS IT . . . . For the Week of December 11 - December 15, 1995 ADMINISTRATION RFP FOR ORGANIZATIONAL STUDY I located an RFP that Samantha was working on, however, it only dealt with Police and was not an overall organizational study. I have begun contacting other communities to see if any have performed such a study and if we can utilize the same format. I hope to have enough information available within the next few weeks so that we can move forward with the study in the late part of January or the early part of February. OUTSIDE UTILITY BILL COLLECTION BOX Dawn Postudensek contacted communities regarding drive-up utility bill collection boxes and found that the majority do not have such a thing. St. Louis Park, one of the few communities having an outside collection box, had their Public Works Department make theirs. I will be speaking with Mike this upcoming week to see if fabrication of a box is feasible. MEETING WITH NICK TEMALI I will be meeting with Nick Temali on Friday in order to get brought "up to speed" on the Community Connections Committee activities. Following the meeting, I will be calling the other members of the Committee in order to say hello and introduce myself. Paul H. • The property located at 2625 Highway 10 has been staked and AA Environmental will be going out to reassess the areas in question. I will keep you posted on how this progresses. Hopefully we can close before the New Year. • I met with a company currently located in Fridley that is looking for new space. I presented several sites and financing options available through Ramsey County and SBA. The company is looking for 10,000 sq.ft. to start and employs 10-15 people. Cathy PARKS, RECREATION AND FORESTRY PARKS: * Last "This Is It" had one little typo - I met with Zack Hanson from Ramsey County to review improvement plans for Ardan Park not Random Park. The plans reflect improvements to the compost facility. Preliminary plans include paving the entrance to the compost facility, installation of new fencing, lighting and signs as well as providing screening landscaping around the compost facility. Rick Wriskey is reviewing the landscaping plans and will be working with the County on this portion of the plan. The plan must go before a Ramsey County Commission and Board before coming to the Mounds View City Council. The MV Parks and Recreation Commission has reviewed the plans. By the way, the County is paying for all the improvements!! * Ice rinks are coming along fine, the continuing snow creates a bit more work to the flooding process, but the snow is very welcome for winter outdoor play activities. We could do without the extremely cold temperatures and windchills however. * There is a prankster amongst the community that continues to squirt glue into the locks at Woodcrest Park building. This has caused user groups difficulty in accessing the building. We'd sure like to catch the culprit! * Next week the parks crew will be going on double shifts for two weeks including the week of Christmas when students are on vacation. Since the rinks open early during vacation, flooding needs to be done in the night to be ready for daytime use. Seasonal parks worker Joe Quick will be helping out during his school break. * The snow has increased the interest in sliding. The sliding hill at Silver View is known throughout the area as a great place to slide. Telephone calls have been received regularly asking directions to Silver View Park sliding hill. * Ice skating rinks will open Saturday, December 23. RECREATION * There is a busload of residents signed up for Holiday Caroling Saturday evening. We will be caroling at both Wildwood and Silver Lake Pointe apartment buildings. Afterwards we will be returning to City Hall for cider and cookies. This is a free activity designed for families. The overall purpose is to get people together to enhance a community spirit of givin of self to others - and it is fun for all those participating as well as for those that we visit. This is an intergenerational activity including small babies to grandmas and grandpas and all ages in-between. * We are all attending computer school this week, on different days. * Sharie is completing the January/February City Newsletter. It will go to print this week. Residents should receive the Newsletter before January 1. * Mary is interviewing applicants for the position of Rink Attendants this week. Training will be held next week. Training includes reviewing rules and regulations, first aid and emergency procedures, and job duties. Usually a police officer speaks with the attendants to discuss discipline, what to do if problems arise, etc. Additionally, Steve Dazenski will be discussing proper rink shoveling and rink closing procedures. GOLF COURSE * John continues to work on each piece of machinery, readying it for the 1996 season. * John has also been making contacts and receiving estimates for golf course services including vending, retail merchandise, supplies and materials for operating the golf course. * John and I will be meeting with Garrett Gill Thursday afternoon regarding the boardwalk. We will be asking Garrett to make necessary improvements to the bridge. Next "This Is It" will entail the results of the meeting. * Dawn is working on a contract for John Hammerschmidt. She is receiving information from other cities regarding incentives, salary and other information. She will have a contract prepared for Council review at the first meeting in January. FORESTRY * Rick attended the meeting with Ramsey County regarding the Ardan Park compost facility improvements and is currently reviewing and making changes to the landscaping plans. He is pricing the work out to see whether he can get a better price through his contacts. If so the County will opt to have Rick contract the work and reimburse the City or simply pay the bill. We are still in the planning stages of this project. CABLE TV * The Cable TV Committee will be meeting Thursday evening at City Hall. Every thir-dAnonth the_neeting-isheld_in_the_evening. * Special event footage is being taken including Holiday of Lights contest participants and Holiday Caroling. Both these activities show the community spirit that Mounds View residents exhibit through participation of activities that benefit their neighbors. Mary S. POLICE * Various members of the Department attended training in computers, firearms, and CPR this week. * The snow and the cold are always hard on our equipment, but there have been no major breakdowns. * Because of the weather, Police calls are down. We did have a number of assaults over the past week(cabin fever). Also Cen-a-Vac (Silverview Plaza) was burglarized this week. * Dave Anderson announced that they are having another baby. Tim R. FINANCE Another week closer to year-end". That's an outlook peculiar to finance personnel this time of year. When I checked with Kitty, to see how the week was going she commented that she was preparing for the W-2 process by reviewing payroll records; as the next payroll run will be the last of 1995. Hopefully, everyone who wants to take advantage of the FLEX program has given Kitty their completed forms. Also this week, she is working on the last accounts_payable run of 1995. Dorothy's husband, Franklin, is feeling better and has been moved from the hospital to a care center in North St. Paul. She has been working at updating all her utility records in preparation for year-end and the start-up of the new meter reading system. I have been checking and double-checking that all procedures that need to be accomplished in 1995 are being completed. The financial statements for November were distributed to the Department Heads this week. On Monday, December 18, the auditors will be here to review the information that must be prepared for their audit of the 1995 financial records. I attended the last of my computer training and it was very helpful. I work at two different desks so that makes it doubly hard to find me. I attended two computer training sessions this week, a couple of meetings, and the employee party is on my "Want To Do"list. I have talked to investment companies, banks, government employees, instructors, and co-workers trying to learn as much as I can stuff into my brain. Paul and Michele are instructing me on packet "protocol" and have been very patient. Everyone has been wonderful to work with and I have appreciated every smile, kind word, and controlled tongue. Thanks. Mary T. PUBLIC WORKS * Mike and Tracy completed class No. 2 of a 3 day course on 6.1 WordPerfect for windows. * Bill Hanggi, Bill Hanson, Larry, Wally and Tim Fredberg will be attending the last of their "beginning computers" course on Friday, Dec. 15. * On December 14, the entire crew (weather permitting) will be attending a Drug Testing Seminar. * Tim Pittman is finishing the LP conversion on truck #409. (Remaining is the installation of the tanks and hoses.) * Winter maintenance goes on! (Plowing, sanding, sidewalks) * The truck bid will be presented to Council in January for approval. We will be purchasing off of the State bid and if everything goes to plan, we will get a 1997 truck at 1995 prices! (Additional equipment will purchased under quotes.) COUNCIL MEETING DATES FOR 1996 WORK REGULAR REGULAR SESSION MEETING MEETING January Cancelled 8 22 February 5 12 26 March 4 11 28 April 1 8 22 May 6 13 (28 Tuesday) Memorial Day June 3 10 24 July 1 8 22 August 5 12 26 September (3 Tuesday) 7 24 Labor Day Tuesday October 7 14 28 November 4 (12 Tuesday) 25 Veteran's Day December 2 9 16 Page 1 a z: i :councii mber 11, � � 1 2 3 4 5 PROCEEDINGS OF THE CITY COUNCIL 6 CITY OF MOUNDS VIEW - 7 RAMSEY COUNTY, MINNESOTA 8 9 Regular Meeting 10 December 11, 1995 11 Mounds View City Hall 12 2401 Hwy. 10, Mounds View, MN 55112 13 14 15 16 CALL TO ORDER 17 18 The Mounds View City Council was called to order by Mayor Linke at 7:00 p.m. on 19 December 11, 1995. 20 21 PLEDGE OF ALLEGIANCE 22 23 ROLL CALL 24 25 MEMBERS PRESENT Mayor Linke, Council members Trude, Blanchard, Hankner 26 27 and Quick. 28 29 ALSO PRESENT: Paul Harrington, Interim City Administrator 30 Mary Saarion, Director of Parks, Recreation and Forestry 31 Mary Tatarek, Interim Finance Coordinator 32 33 ADDITIONS TO THE AGENDA: 34 35 There were no additions to the Agenda. 36 37 APPROVAL OF MINUTES: 38 Page 2 December 11, 1995 R �� .�_ Mounds View City Council r i LF., 1 Ms. Hankner noted the following changes to the November 27, 1995 minutes. Page 4, 2 Line 7 should read ". . . on this issue without any notice to her and to the public." Page 5, 3 Line 8, should read "Furthermore, it IS his understanding. . ." Page 14, Line 24 should 4 read " Mayor Linke stated at the last SPECIAL council work session ON NOVEMBER 5 13, 1995, it was recommendesi_by.- 6 7 Ms. Trude noted one correction on Page 1, Line 38. It should read ". . . becoming a 8 TOW road." 9 10 MOTION/SECOND: Hankner, Blanchard to approve the minutes of the November 27, 11 1995 City Council Meeting AS AMENDED. 12 13 VOTE: 5 ayes 0 nays Motion Carried 14 15 16 ACCEPTANCE OF ADVISORY COMMISSION MINUTES: 17 18 There were no Advisory Commission Minutes to be accepted at this meeting. 19 20 SPECIAL ORDER OF BUSINESS: 21 22 There was no Special Order of Business set for this meeting. 23 24 25 CONSENT AGENDA: 26 27 Mr. Harrington, Interim City Administrator, read the Consent Agenda as follows: 28 29 A. Adopt Resolution Nos. 4857 and 4858 Reapportioning Assessments for Knollwood 30 Green Condominiums. 31 32 B. Adopt Housing Goals Agreement, Metropolitan Livable Communities Act. 33 34 C. Adopt Resolution No. 4865, Approving Just and Correct Claims Against City Funds. 35 36 D. Licenses for Approval: 37 38 HVAC -Expires 6/30/96 Page 3 Y K December 11, 1995 :,, Mounds View City Council t 1 Delmar-New 2 Furnace Exchange, Inc. -New 3 Wenzel -New 4 5 Sewer&Water-Expires 6/30/96 - - - 6 Meyer Contracting-New 7 8 Mayor Linke asked if there were any council members who would like any items removed 9 from the Consent Agenda. There were none. 10 11 MOTION/SECOND: Hankner/Quick to approve the Consent Agenda as presented. 12 13 VOTE: 5 ayes 0 nays Motion Carried 14 15 RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR: 16 17 Mayor Linke explained that this portion of the meeting was designated for anyone who 18 wished to speak to the Council on items that were not on the Agenda. There were no 19 comments or requests. 20 21 PUBLIC HEARINGS: 22 23 To Consider Certification of Delinquent Utility Bills, Tree Removal and Miscellaneous 24 Charges to Ramsey County for Collection with 1996 Property Taxes. 25 26 Mayor Linke opened the Public Hearing at 7:05 p.m. 27 28 Ms. Tatarek noted the list of delinquent accounts which was provided in the Agenda 29 packet. She noted that letters were sent to those customers with delinquent bills to 30 inform them of the hearing and several of them provided payment in full. 31 32 Ms. Trude asked if Administrative fees have been added to the charges to help defray 33 administrative costs. 34 35 Ms. Tatarek explained that a 5% Administrative fee has been added as well as interest on 36 the amount due. 37 Page 4 s• December 11, 1995 Mounds View City Council '14 1 Mr. Quick inquired about the delinquent utility bill for a property in the amount of 2 $2,132.00. 3 4 5 Mssatarek_responded-that-this-is an-ongoing-problem with-the property owner and 6 unfortunately will likely continue to occur every year. These are sewer charges only. 7 8 Mayor Linke closed the Public Hearing at 7:10 p.m. 9 10 MOTION/SECOND: Trude/Blanchard to approve Resolution 4860, Levying a Tax for 11 Delinquent Utility Bill, Tree Removal and Miscellaneous Charges Over a One-Year 12 Period. 13 14 VOTE: 5 ayes 0 nays Motion Carried 15 16 17 COUNCIL BUSINESS: 18 19 A. Consideration of Authorization of the BRW Contract for Design and Inspection 20 Services for the Pedestrian Bridge. 21 22 Ms. Mary Saarion, Director of Parks, Recreation and Forestry, explained that approval of 23 Resolution No. 4842 on November 13, 1995, authorized execution of the contract 24 between the City of Mounds View and BRW for design and inspection services for the 25 Pedestrian Bridge. She noted there were two items in the contract she felt the Council 26 members may wish to revise, as they were not in accordance with a verbal agreement 27 made by BRW. In the initial meetings with BRW, they agreed that they would not 28 charge any additional fees and that all fees would be included in the total cost. Per 29 Council's request, she could contact BRW and ask them to remove Section 1.3.7. 30 Reimbursable Expenses and any reference thereof. Ms. Saarion noted reimbursable 31 expenses are also referred to in Exhibit B (Project Schedule). She stated the Council 32 may also wish to waive the Inspection fees. 33 34 Ms. Hankner asked if Resolution 4842 contains as "Not to Exceed Price". She was 35 informed that it does. 36 Page 5 t t j ,S December 11, 1995 • <R ' w Mounds View City Council ` �� � 1 Ms. Trude stated she also recalls the agreement made by BRW in which they stated they 2 would not charge any additional fees and would recommend also that references in regard 3 to any additional fees be deleted from the contract. 4 5 MOTION/SECOND: Trude/Quick to waive the Inspection Fees and other related fees for 6 the construction of the Pedestrian Bridge. 7 8 VOTE: 5 ayes 0 nays Motion Carried 9 10 B. Consideration of Resolution No. 4864, Resolution of Support in the Efforts of the 11 Spring Lake Park/Blaine/Mounds View Fire Department to Obtain Legislation Enabling 12 the Department to Employ Volunteer Firefighters for Prevention Duties. 13 14 Nyle Zikmund, Fire Chief, explained that the mission of the Fire Department is to combat 15 fires through suppression and prevention. Their department would like to recruit 16 volunteers for the purposes of performing prevention functions including enforcement of 17 industrial/commercial sprinkler codes, and fire prevention education through school 18 programs, senior programs, cable programming, newspaper articles, etc. In order to 19 assist them in recruiting these volunteers, they are requesting permission which would 20 allow them to place the prevention volunteers into the pension program along with the 21 suppression volunteers. It is his feeling that this will help them to retain volunteers on a 22 long-term basis and provide them with a larger recruiting pool. 23 24 Ms. Trude stated she feels this will open some job opportunities for residents who do not 25 meet the necessary requirements and will open the door to volunteers of both genders. 26 27 28 MOTION/SECOND: Quick/Trude to approve Resolution No. 4864, Resolution of 29 Support in the Efforts of the Spring Lake Park/Blaine/Mounds View Fire Department to 30 Obtain Legislation Enabling the Department to Employ Volunteer Firefighters for 31 Prevention Duties. 32 33 C. Final Consideration of Ordinance No. 569, Rezoning a Portion of Lots 10 and 11, 34 Spring Lake Park Knolls Addition. 35 36 Mr. Harrington explained that at the November 27, 1995 City Council meeting, Ordinance 37 569 was introduced which would rezone the northern 225 feet of Lots 10 and 11 of 38 Spring Lake Knolls Addition. These properties are currently zoned R-1, Single Family. Page 6 `' December 11, 1995 '- t f' Mounds View City Council '` g g 1 Mr. Beach is requesting that they be rezoned to R-2, Single and Two Family Residential 2 to allow him to construct twin homes on the property. The remaining portions of the two 3 lots would remain as R-1. Mr. Harrington stated the Planning Commission has reviewed 4 this request and that it meets the five criteria spelled out in the Municipal Code. 5 6 MOTION/SECOND: Quick/Trude to Approve Ordinance No. 569, Rezoning a Portion 7 of Lots 10 and 11, Spring Lake Park Knolls Addition. 8 9 ROLL CALL VOTE: 10 11 Mayor Linke: yes 12 Council member Trude: yes 13 Council member Blanchard: yes 14 Council member Quick: yes 15 Council member Hankner: yes 16 17 Motion Carried 18 19 20 D. Consideration of Resolution No. 4866, Request for Minor Subdivision, Larry Beach. 21 22 Mr. Harrington explained that in conjunction with the aforementioned request, Mr. Beach 23 has made an application for a zero lot line subdivision on the northern 225 feet of Lot 10 24 and Lot 11, Spring Lake Park Knolls Addition. This would create four lots out of two 25 existing properties; three 50 foot lots and one 75 foot lot. He noted that approval of this 26 subdivision would carry contingencies to protect the city in the event of fire or 27 destruction. 28 29 MOTION/SECOND: Trude/Blanchard to Approve Resolution No. 4866, Approving a 30 Zero Lot Line Subdivision, Larry Beach, 2801 and 2809 Bronson Drive. 31 32 VOTE: 5 ayes 0 nays Motion Carried 33 34 35 E. Discussion of Proposed Highway 610 Toll Road and Old Highway 8 Reconstruction 36 Plans. 37 rt Page 7 1\1 December 11, 1995 r ' Mounds View City Council 1 Mr. Harrington explained that at the December 4, 1995 Council Work Session, they 2 briefly discussed the plans that have surfaced in regard to proposed Hwy. 610 Toll Road. 3 It was the Council's decision to schedule an Informational Meeting to discuss the 4 proposed toll road and to review the reconstruction plans for Old Hwy. 8. 5 6 MOTION/SECOND: Trude/Quick to set a Public Informational Meeting for January 22, 7 1996, for the purposes of discussing the Hwy. 610 Toll Road and to review the 8 reconstruction plans for Old Hwy. 8. 9 10 VOTE: 5 ayes 0 nays Motion Carried 11 12 13 REPORTS}, 14 15 1. Report of Council members: 16 17 Quick: No report. 18 19 Blanchard: No report. 20 21 Hankner: No report. 22 23 Trude: Councilmember Trude reported that she had visited the Northwest Youth and 24 Family Services new facility(which was the old League of Minnesota Cities building). 25 Trude explained some of the programs of this agency and stated that she is proud to 26 be the city's representative with the agency. 27 28 2. Report of Mayor Linke: No report. 29 30 3. Report of Administrator: No Report. 31 32 33 34 35 36 Mayor Linke stated the next Council Meeting will be held on TUESDAY, December 19, 37 1995 at 7:00 p.m. 38 Page 8 a4 . r December 11, 1995 • Y ,' � Mounds View Cit Council aT t L U 1 Mayor Linke stated the next Council Meeting will be held on TUESDAY, December 19, 2 1995 at 7:00 p.m. 3 4 Mayor Linke adjourned the meeting at 7:20 p.m. 5 6 Respectfully submitted, 7 8 9 10 Tamara D. Saefke 11 Recording Secretary 12 13