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HomeMy WebLinkAboutAgenda Packets - 2003/03/03 CITY OF MOUNDS VIEW CITY COUNCIL WORKSESSION AGENDA Monday, March 3, 2003 -- 7:00 pm CALL TO ORDER ROLL CALL: Linke, Stigney, Quick, Marty, Gunn PUBLIC COMMENT Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. Agenda Items Discussed by Consensus ______ 1. Skate Park Meeting Announcement – 6:30 pm, March 6th at the Community Center (Verbal announcement) ______ 2. Discuss City Administrator Vacancy and Process to Fill Position (The City Council May Call to Order to Take Action on this Item.) ______ 3. Review Ken Gammell’s Long Range Cable TV Plan ______ 4. Greenfield Avenue No Parking Request ______ 5. Review Golf Course Management Strategy ______ 6. Review of Draft Legal Request for Proposal ______ 7. Discussion Regarding the Proposed Sick Leave Donation Policy ______ 8. Discuss Chuck Chism’s Request to Reconsider Final Compensation ______ 9. Discussion Regarding Membership in the Association of Metropolitan Municipalities ______ 10. Discuss Options Associated with Resolution 5555 ______ 11. Festival in the Park Discussion ______ 12. Probationary and “At Will” Employee Discussion Next City Council Meeting: Monday, March 10, 2003 Next Council Worksession: Monday, March 17, 2003 Item No: 4 Meeting Date: March 3, 2003 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Interim City Administrator Item Title/Subject: Discussion Regarding the Planning Commission Recommendation to Post the East Side of Greenfield Avenue as No Parking 350 Feet to Corner. BACKGROUND: On September 13, 2000, the Planning Commission adopted Resolution 633-00 which approved a variance to Tony Mezzenga, a developer proposing to construct an office building at 2402 County Road I. The variance allowed a reduced parking ratio of one space per 200 square feet. (The standard ratio is three spaces plus one space per 175 square feet of leaseable space.) The developer had indicated that the resulting parking requirement of 15 stalls was more than adequate. Upon completion of the construction, Mr. Mezzenga sold the building to Mr. Steve Farrell and it became readily apparent soon afterward that vehicles destined for the Farrell building were overflowing across the street onto Greenfield Avenue. Mr. Farrell confirmed to City staff that the 15-stall parking lot was not adequate for his business, employees and clients. Because of the regular overflow parking on Greenfield and complaints from residents, the Planning Commission discussed the possibility of posting the east side of Greenfield Avenue south of County Road I as “No Parking”. (The west side of Greenfield is already posted “No Parking.”) While the Planning Commission often reviews No Parking requests, the ultimate authority lies with the City Council. The Council takes into consideration the Planning Commission’s recommendation along with the recommendation of Staff, the Police Department and affected property owners. DISCUSSION: Resolution 633-00 approved a reduced parking ratio of one space per 200 square feet of leaseable space. At just less than 3,000 square feet, the number of stalls required was 15, one of which had to be handicapped accessible. If the typical standards were applied to this building, the number of parking stalls required would have been 20, five more than what was approved by the variance. Because there is not enough room for a twenty-stall parking lot given the size of the lot and the building, the leaseable space in the building would have to have been reduced by almost a third. Staff checked with the Police Department who indicated that there were no typical standards for reviewing “No Parking” requests. Under the direction of then Acting Chief Brennan, members of the MVPD observed the intersection and the parking along Greenfield and have concluded there were no critical safety issues associated with the vehicles parked on Greenfield Avenue. At the December18, 2002 Planning Commission meeting, Officer Terry Broos reported that the east side of the street a certain distance back from the corner could be posted No Parking to maintain adequate visibility. If, however, parking were to be restricted along a certain distance of the east side of Greenfield Avenue, the vehicles currently parking in front of the business would in all likelihood shift further to the south on Greenfield Avenue. The property owner, Steve Farrell, has appeared before the Planning Commission in opposition to the proposed parking restriction, indicating that when he bought the property he did so with the intent of utilizing Greenfield Avenue for overflow parking if needed. There are currently no restrictions that would prohibit Mr. Farrell, his employees or clients from parking on the east side of Greenfield. The Planning Commission asked Mr. Farrell to examine and resolve the situation on his own so as to avoid a potential parking restriction. Mr. Farrell contacted the property owner of the adjacent land to the west (the former Tom Thumb site) to ascertain whether he would consider leasing some of his spaces to Mr. Farrell. The property owner was not willing to consider such an arrangement. Mr. Farrell was asked about car-pooling and ride share alternatives, to which he responded that his employees work staggered shifts and often are required to attend closings off-site, making ride-share and car-pooling impractical. Mr. Farrell indicated that he would be willing to add as many as four additional stalls to the parking lot, however doing so would require a variance in the permitted setback along Greenfield Avenue and would result in the parking lot extending beyond the property onto the City’s right of way. While possible, the Commission determined that such a parking lot expansion would do more aesthetic harm to the neighborhood than good. Even so, no application was made to expand the parking lot so no action was taken in that regard. At the Planning Commission on January 22, 2003, the Commission directed staff to inspect the area and take measurements from the corner of County Road I and Greenfield certain distances back from the corner: 150 feet, 300 feet, 350 feet and 500. Staff created a map of the area plotting the four distances on the map as Locations A, B, C and D. At the February 5th Planning Commission meeting, the Commission had indicated that Location A was unacceptable. Location B, at 300 feet from the corner, is situated across the street from the 7656 Greenfield Avenue, north of its driveway by perhaps 30 feet. There are no obstructions on the east side of Greenfield at this spot. Location C, 350 feet from the corner, is located almost directly across from the property line between 7656 and 7644 Greenfield. While there are no obstructions on the east side of Greenfield at this point, the driveway for 7656 Greenfield is at the south end of the lot and vehicles parked on the street could be an obstruction for residents backing out of the driveway onto Greenfield. Location D, intended to represent a 500-foot setback from the corner, is actually about 515 feet due to a driveway serving Greenfield Estates. After significant discussion at multiple meetings involving residents and the property owner of 2402 County Road I, the Planning Commission voted to approve resolution 718- 03, a resolution recommending approval of a no parking restriction on the east side of Greenfield Avenue, 350 feet back from the corner of County Road I and Greenfield Avenue. Recommendation: Review and discuss the Planning Commission’s unanimous recommendation. The property owner of 2402 County Road I as well as the neighbor immediately to the south are aware of the Council’s review of this issue and may attend the meeting to provide input if it is requested. Attached for your consideration and to assist in the review of this request are the following materials: 1. Zoning Map 2. County Half-Section Map 3. Photographic Documentation 4. Planning Commission Resolution 718-03 _____________________________________ James Ericson Interim City Clerk/Administrator ZONING MAP Ramsey County Half Section Map (1 inch – 200 Feet) Assorted Photos An example of vehicles parked across the street from the property located at 2402 County Road I. Every available space at 2402 County Road I is often used by staff and clients. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 718-03 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING INSTALLATION OF A “NO PARKING FROM HERE TO CORNER” SIGN ON THE EAST SIDE OF GREENFIELD AVENUE FOR PUBLIC SAFETY PURPOSES WHEREAS, the Mounds View Planning Commission has reviewed the parking situation on Greenfield Avenue between County Road I and Bronson Drive in response to complaints from residents in this area; and, WHEREAS, the business located at 2402 County Road I consistently and regularly overflows its parking lot resulting in employees and customers parking on Greenfield Avenue; and, WHEREAS, the west side of Greenfield Avenue has already been posted as No Parking to control and restrict on-street parking on this block. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Mounds View, finding there to be sufficient cause and in the interest of public safety, recommends that a “No Parking from Here to Corner, Mon – Sat, 8 am – 6 pm” sign be installed on the east side of Greenfield Avenue, 350 feet south County Road I, shown as Location “C” on the attached Exhibit 1. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 5th day of February, 2003. ____________________________________ Jean Miller, Acting Chairperson ATTEST ____________________________________ James Ericson, Community Development Director (SEAL) No Parking Report February 5, 2003 Page 3 Recommendation: The Planning Commission may choose to act on the attached resolution, Resolution 718-03, recommending posting the east side of Greenfield Avenue “No Parking from Here to Corner.” The Resolution does not indicate the actual distance back from County Road I and would need to be added as part of its adoption. James Ericson Community Development Director Attachments: 1. Resolution 718-03 EXHIBIT 1. C Proposed Location of “No Parking from Here to Corner” Sign - 1 - Item No. 5 Type of Business: WS Meeting Date: March 3, 2003 City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mary Burg, Golf Course Manager Subject: Management Strategy Background The City Council has given the directive to provide an analysis of The Bridges Golf Course. This Management Strategy report will provide the City Council with an introductory into my philosophical principles of management. Within this report is the analysis of the personnel expenditure comparison at metro municipal nine hole golf courses as Council requested. Discussion The Bridges Golf Course is a proven leader in the metro golf industry. Our experience with golf is nearly unmatched by any other similar facility in the metro area. The Bridges is the only stand-alone nine-hole facility that staffs a PGA Professional. The goal is to continue to provide the highest quality facility in every aspect. The task will be to identify operational deficiencies that influence the financial performance. With this objective, the challenge is to provide a professionally operated, highly maintained golf facility. This will be our guiding principle. The Bridges Golf Course occupies a distinct niche providing much benefit to our community. Retention of patrons The Bridges patrons are recognized for their loyalty. All efforts are done with respect to making the facility the best it can be for our patrons. The course exists for the golfers. The patrons, in return, must be the sole support of the operation. Human Resources The human resources are our number one assets of the golf course. Their expertise and experience is the cornerstone from which all our clients benefit. The expectation of the patrons will continue to be fulfilled. Staff will receive the training as needed to meet expectations. The investment in training enhances the entire operation. Regularly scheduled staff meetings will be held. Full time staff will meet weekly. Seasonal staff will meet bi-weekly. This forum offers an opportunity for staff to communicate in a positive environment with each other. We will share information to enhance service and efficiency. - 2 - Personnel Cost Analysis The information in this analysis shows a comparison cost for 2002. The effect of the Bridges concerning the weather shows that in the two prior seasons the Bridges Golf Course had significant strength in market share compared to others. While the cost of labor per golfer is on the upper portion of this review of 2002, it appears to be an anomaly in comparison to the golf rounds of the 2000 and 2001 seasons. This significant decrease in rounds is likely caused by the patrons not crossing the picket lines during the strike. The cost of personnel also includes some unemployment benefits that may not be the norm. The 2003 budgeted operating expense for personnel services are $296,142. The cost per round will be $6.73 projecting 44,000 rounds for the season. Course PGA Pro 2000 Rounds % Change 2001 Rounds % Change 2002 Rounds Personnel Cost Cost per Round Evergreen Baker N/A 31000 - 32 23500 $274,000 $7.20 Birdie No N/A 17300 -16.1 14500 Include above $7.20 Birnamwood No 32700 -9.6 29900 -9.7 27300 $141,000 $5.14 Bridges Yes 44000 -2.5 42000 -23.1 32000 $254,000 $7.95 Brightwood/GR No 34000 -31.1 22000 -5 21000 $228,000 $7.25 Brookland No 19000 $132,000 $6.97 Centerbrook No 34000 -18.7 28800 -28.6 21700 $131,000 $6.09 Glen Lake Baker N/A 32000 29000 $195,000 $6.72 Fred Richards No 34000 -24.1 26000 -9.2 24000 * Fort Snelling No 35700 -15.6 30100 -14.1 25900 * Highland 9 No 27000 $218,000 $8.07 New Hope No 37600 -14.6 32100 -15.9 27000 $174,477 $6.46 Roseville No 39700 -13.6 34400 -7.9 31700 $172,000 $5.42 * Data does not fit the criteria Education Educational opportunities are available locally, regionally and nationally. The goal is to provide staff with affordable, quality educational programs that are comprehensive and current. Programs that strengthen competencies are appropriate to increase the efficiency of the staff. Continuing educational through the professional associations, such as the Minnesota Golf Course Superintendence Association, Professional Golf Association, or the United States Golf Association give staff opportunities to learn recent industry changes. These organizations are committed to the golf business, and provide reliable sources of relevant information on the industry. Professional association also provide a resource for information regarding state and federal regulations. Most organizations have government relations liaisons to keep upcoming legislation information available. The exchange of ideas may be the single most important benefit through networking with other professionals. Staff will learn fresh, innovative and efficient operational skills. Ultimately this will benefit the operations bottom line. - 3 - Technology and Data Integrity The Council has directed the staff to enhance data collection. The purchase of a point of sale (POS) program and the installation of wireless data transmission will place information into the finance department in real time. Financial data will be delivered immediately as it occurs. Data will be available as it is accurately stored on the network server. Enhancement of our website will greatly benefit The Bridges Golf Course. A well developed site will maximize the limited advertising resources. This advertising strategy in this venue will reach the highest concentration of golfers with the lowest cost. Recent statistics show that 46% of households have Internet access. In the workplace, 85% of people have Internet access. More specifically, according to the National Golf Foundation, in the 2002 season 75% of golfers regularly went on line to look for golfing opportunities. The Bridges will capitalize on this growth to bring in more revenue. I am recommending that the Bridges Golf Course develop a website that will be linked to the City of Mounds View website. The key to the success of a website is the ease at which users can find the site. To maximize addition exposures our site will need to be located so that golfers are able locate it. There is phenomenal and unprecedented growth in this area. Database collection is available from the site. The creation of a database makes direct marketing quick inexpensive and immediate. A site gives the golf course ability to send out e-mail advertisements to subscribers who have requested to be on this mail list. • For example: Monday and there are very few reservations for next Wednesday between 10:30 am and 1:00 pm. A web advertise or special offer could be created, then e-mailed to the subscriber lists. The data is comprised of patrons who are already looking for golf opportunities. Unlike direct mail or newspaper ads, it would not be dependant on a print schedule. • A Web-coupon for tracking the activity directly related to the site would allow for accountability. The flexibility that is available with this opportunity is unprecedented in the industry. While the golf course uses this site, there is opportunity to build its own e-list. Retail Merchandise at nine hole facilities is simply a service to the patrons. There is little or no financial benefit. Items for sale will be gloves, balls, tees and a impulse items. The food service and beverage cart are a strong source of revenue. We will capitalize on that. - 4 - Marketing and Events Management principles will be driven by sound decision-making. Choices will be measured by the ability to maintain the continued expected levels of service, as well as meeting sound fiscal goals. Each expense will be contributing to the potential development. The Manager serves as the liaison to the community. Marketing of the facility to its potential and identifying the value of the services offered are paramount. Concepts to maximize the course: • Develop corporate events • Fee structured to meet expense • Development of website • Create a patron data base • Alternative revenue sources • Foster new golf leagues 1. Traveling League 2. School parent 3. Family fun leagues Finances and Fee Structure In today's golf market, the operation of golf facilities requires careful planning and knowledge of its market area. This understanding can present future revenue generation and debt retirement potential for the golf facility. Focusing on all aspects of golf development is essential. Purchasing All purchases will be scrutinized for cost benefit. Staff will be directed to take every opportunity available to purchase via buying groups such as VGM, state bids, or use of early bird discounts. Capital purchases will be procured with long-term benefit to the city in mind. Bear in mind, however, purchases may not necessitate the lowest purchase price. Obviously all things being equal the lowest bid will always get be purchase. Benefits of Well a Managed Golf Course Golf courses provide substantial environmental benefits and community benefits. • Community green spaces that provide recreational opportunities, also offer, and enhance wildlife habitats. • "Air conditioners" that produce vast amounts of oxygen while cleansing the air of pollution and cooling the atmosphere. • Water treatment systems: Healthy turf grass is an excellent filter that traps and holds pollutants in place; courses actually serve as catch basins for residential and industrial runoff. - 5 - Summary The Bridges has gained the reputation of an excellent facility. Clearly, our mandate is to meet the challenge of providing its high level of service, and meet the goal of a positive cash flow. These objectives will be met with a conservative philosophy. With this understanding, the financial viability of the facility can be successful. In summary the management team of Mr. Manthis, Mr. Parker and I are committed to the overall mission. Under this profile, decisions will be based on a common sense cost effective approach. I know that through these principles together we can make this operation financially viable and even profitable. Respectfully Submitted, Mary Burg, Golf Course Manager Item No: 6 Meeting Date: March 3, 2003 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Interim City Administrator Item Title/Subject: Review Draft RFP for Legal Representation BACKGROUND: The City Council directed staff to examine available RFPs for legal services and to draft an RFP specific to Mounds View pulling the best components from each RFP. DISCUSSION: I have reviewed (word for word) the RFPs that had been provided to the Council at your last worksession and have put together an RFP specific to our needs. Not surprisingly, most of the RFPs had similar language and requirements. While the Council should closely review every clause and section within the RFP, I’d ask that you comment on the following identified RFP sections: Process. Please review the “Process” section at the bottom of the first page. Contact. Item 2 under General Instructions, Page 2, indicates the following about contact between the firms and the City during the review period: “To ensure fairness and uniformity, firms submitting responses are requested to not contact City staff or the City Council. Questions about this RFP may be sent in writing to the City Administrator” Every RFP with the exception of Roseville’s included similar strongly worded language. The intent of this clause of course is to prevent “lobbying” by the submitting firms. Granted, firms may have some legitimate questions or may need additional information which is why some cities provide for a pre-submission conference one week prior to the due date. Other cities like St. Louis Park and Chanhassen allow that questions may be submitted in writing to the City Manager. To minimize the administrative oversight needed, I have proposed that questions may be submitted in writing rather than to schedule a separate pre-submission conference meeting. Legal Services Requirements. The list of requirements begins on Page 4 and is quite extensive. Please review this list carefully and indicate whether any additional requirements are appropriate. I have provided other members of staff a copy of the RFP for their review and comment as well to ensure all facets of legal representation are addressed. Timeframe. Section 8 on the last page articulates the anticipated timeline for the RFP process. Obviously I made some assumptions as to how quickly the RFP could be approved by the Council. If the Council makes revisions at the worksession and approves the RFP at the following Council meeting on March 10th, the RFP could then be distributed to firms the following day on March 11, 2003. The deadline to submit a proposal is April 28th, which provides firms with more than a month to do so. If the Council approves the RFP at their meeting at March 24th instead of March 10th, I would recommend maintaining the same timeline as one month seems to be a typical timeframe. Review Team. My final comment regarding the collected RFPs is that some cities indicate that a selection team would review the proposals, with the top-rated firms brought before the team for interviews. Other cities indicate that the Manager/Administrator will review the proposals and provide the Council with the top finalists for their consideration. I would anticipate that the Council would prefer to utilize a selection team, which is how the RFP is written. If a review team is utilized, I would suggest the following people: Me, two Council members, another department head (Mike Sommer would seem appropriate especially if we receive proposals for prosecution services) an attorney from the League and perhaps a manager/administrator from a neighboring community. RECOMMENDATION: Please review and comment on the attached draft RFP for Mounds View legal services. Depending upon the extent of the revisions needed (if any) the RFP can be brought back before the Council for approval on March 10th with distribution scheduled for the following day. Substantial revisions would probably result in Council review instead on March 24th. _____________________________________ James Ericson Interim City Clerk/Administrator City of Mounds View REQUEST for QUALIFICATIONS and PROPOSALS for LEGAL SERVICES (Revision Date: March 3, 2003) I. PURPOSE The City of Mounds View is requesting qualifications and proposals for Legal Services from firms experienced in municipal law. Firms may choose to be considered for either or both or all of the following services: • City Attorney • Prosecuting Attorney II. BACKGROUND The City of Mounds View, located in the northwest corner of Ramsey County, is a fully developed Home-Rule Charter City with a population of 12,900. The form of government established by the City Charter is the "Mayor-Council Plan". Except as otherwise provided by state law or the Charter, all powers of the City are vested in the Council. Mounds View is governed by a City Council composed of a Mayor and four Council Members. All are elected at-large, the Mayor for a two-year term and the Council for four-year terms. Mounds View has 43 full-time employees, a 2003 total budget of $4,964,000 and a tax levy of $2,543,000. Historically the City has retained a private firm or firms to provide City Attorney and prosecution services. The City has also utilized additional firms to provide bond counsel service and to work with TIF-related development issues. III. PROCESS A. The City will use the following process for selecting Legal Service Providers. 1. The City Council will appoint a Selection Committee to interview firms. The Committee will recommend to the City Council the firm or firms to be selected for the two areas of legal service. 2. The City Council will, by resolution, appoint the firm or firms selected to provide the services indicated. 3. It is the intent of the City Council to award a contract for legal services for an initial term not to exceed three years. Prior to the expiration of said legal services contract, the City Council may review and assess the firm’s performance. Absent such review and/or subject to any subsequent modifications or amendments, the contract may renew automatically on an annually basis. IV. GENERAL INSTRUCTIONS A. Responses must provide complete information as described in this request. Ten (10) copies shall be submitted by 4:30 p.m. on April 28, 2003: City Clerk/Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112 B. To ensure fairness and uniformity, firms submitting responses are requested to not contact City staff or the City Council. Questions about this RFP may be sent in writing to the City Administrator prior to the submission deadline. C. The City will not reimburse any expenses incurred by the firm submitting responses including, but not limited to, expenses associated with the preparation and submission of the response and attendance at interviews. D. The City reserves the right to reject any and all proposals, to request additional information from any and all Proposers, and to suggest modifications to the terms and conditions of a retainer agreement from that offered by a Proposer. V. REQUIRED CONTENTS OF RESPONSE A. Firms shall indicate which of the two legal services (City Attorney and/or Prosecuting Attorney) for which they wish to be considered. B. Firm Background: 1. Brief history of firm 2. Number of attorneys, including number of partners and associates and areas of specialty 3. Support personnel: number and expertise 4. Office organization and support capabilities 5. Office location(s) 6. Current use of technology, especially capability for computerized legal research and for sharing and editing documents electronically. 7. Statement of any malpractice claims and/or ethics complaints taken against your firm or firm’s attorney(s) over the last five years and the status or outcomes of such action. Indicate whether any action is pending or is currently under review by the State Ethics Board. 8. Statement of 2002 billings for municipal work as a percentage of total 2002 billings. 9. Most recent audit or financial report. 10. Describe malpractice insurance coverage: carrier, limits, and exemptions. 11. Statement of compliance with federal and state laws respecting civil rights. C. Attorney Qualifications: 1. Identify the specific attorney who will serve as the lead attorney for each of the legal services you have expressed interest in providing, and indicate the following: • Academic training and degrees • Description of background and experience • Description of prior municipal experience including cities served in a similar capacity • List of litigation in communities where designated attorney served as lead attorney and outcomes of litigation 2. Identify attorney who will serve in the lead attorney’s absence, and provide information as requested in No. 1 above. 3. Identify other attorneys and support staff who will supply services for which the City will be charged. 4. Indicate current responsibilities of person designated to serve as lead attorney. D. List of cities you currently represent and for what type of service. E. List of cities you began representing in the last three years and cities you stopped representing in the last three years. F. Names, telephone numbers, and contact person of at least five (5) client references, at least two (2) of which shall be cities. G. Description of the firm’s view of their responsibilities to the City in the provision of legal services. H. Copy of Malpractice/liability Insurance Certificate in a minimum amount of $1,000,000. I. Conflict of Interest: 1. Indicate whether designated lead attorneys or the law firm represent, or have represented, any client whose representation may conflict with your ability to provide legal services to the City. 2. Indicate whether designated lead attorneys or the law firm currently represent any real estate developers. If so, please identify those companies or persons in detail and provide a percentage breakdown of how much this work represents of your firm’s total billings. 3. Indicate whether designated lead attorneys or the law firm currently represents any other local units of government having jurisdiction within, or contiguous to, the City of Mounds View. 4. Identify what procedures your firm utilizes to identify and resolve conflicts of interest. K. Fees: 1. City Attorney—firms desiring to be considered for City Attorney services shall indicate a monthly retainer amount and describe specific services to be included within the retainer and any services that would be outside the retainer. For services outside the retainer, indicate the hourly rate for City Attorney and other attorneys and support staff that may be working on City business. 2. City Prosecutor—firms interested in providing City Prosecutor services shall provide an hourly rate for the lead attorney and hourly rates for other attorneys and staff that may be working on City business. 3. The City is interested in exploring alternative fee arrangements other than the retainer or hourly rate. Indicate any alternate billing arrangements you would be willing to consider and under what circumstances they would be most appropriate. VII. Legal Services Requirements Following are the primary responsibilities for each of the two legal service areas: City Attorney 1. Attend City Council meetings and other City Board, Authority, Commission or Committee meetings as requested by the City Council or City Clerk/Administrator. 2. Draft and review ordinances, resolutions, and correspondence, as requested. Review City Council and agendas and meeting minutes. 3. Advise the Mayor, Council Members, City Clerk/Administrator, Department Heads and other staff on city legal matters. 4. Prepare and/or review municipal contracts, such as contracts for public improvements, joint powers of agreements, construction, and purchase of equipment. 5. Codification of City ordinances on a regular basis. 6. Represent City in matters related to the enforcement of City building and zoning codes. 7. Research and submit legal opinions on municipal or other legal matters, as requested by City Council or City Clerk/Administrator. 8. Meet with the City Council, Economic Development Authority, City Clerk/Administrator, Department Heads and City Staff as needed to review Council agenda items, the status of all legal matters before the City. 9. Provide legal briefings as requested to City Council and Staff regarding new or proposed legislation affecting municipal operations and activities. 10. Provide written update on new State or Federal legislation or judicial decisions impacting the City and suggested action or changes in operations or procedures to assure compliance. 11. Provide advice on open meeting law, data practice, records retention and privacy issues. 12. Represent the City in employment related issues, labor negotiations, Civil Service Commission, arbitration, administrative hearings and in litigation involving same. 13. Interpret and advise with respect to municipal employment matters including, but not limited to, PERA, labor agreements, personnel policy, FLSA, Veterans’ Preference, and unemployment compensation. 14. Defend City in litigation (except in those cases where insurance companies are required to provide defense) including, but not limited to, 1) human rights claims; 2) condemnation; 3) permits and administrative actions; and 4) labor and employment matters. 15. Defend City in uninsured claims and other insurance matters. 16. In coordination with Bond Counsel, review of financing, special assessments, bonds and insurance requirements required by or for City contracts or activities. 17. Represent City in the acquisition of properties for public improvements, easements, and parks. 18. Represent City in condemnation proceedings for public improvement projects. 19. Represent City in workers’ compensation matters. 20. Initiate litigation on behalf of City as requested by City Council. 21. Interpret and advise regarding State land use statutes and City Code. 22. Interpret and advise regarding laws relating to Comprehensive Plans and Metropolitan Council approvals. 23. Interpret and advise regarding impact fees and legal uses. 24. Advise and represent the City on environmental matters. 25. Prepare and/or review the following: a. Conditional Use Permits and Documentation b. Vacation of Rights-of-way c. Special Assessments d. Planned Unit Developments e. Development Agreements f. Subdivision and Zoning Requests Prosecuting Attorney 1. Represent and prosecute all criminal law matters within the City’s jurisdiction, included but not limited to scheduling, coordinating officer appearances, reviewing all criminal cases presented for purposes of prosecution, determine technical compliance with criminal code and other state statutes, writing complaints, making recommendations to the Court for alternatives to prosecution where appropriate, act as a resource to the Police Department in the development of criminal cases, and provide training sessions for Police staff as needed. 2. Timely pursuit of disposition of criminal cases in advance of actual Court cases to avoid unnecessary officer court time. 3. Process and present forfeiture cases on behalf of Police Department. VIII. Anticipated Timeline Following is the anticipated schedule the City Council expects to utilize for the review and selection of a City Attorney and Prosecuting Attorney: 1. March 11, 2003: Distribute RFPs 2. April 28, 2003 (4:30 PM): Deadline for receipt of RFPs 3. May 1 - 9, 2003: Selection Team Review Period 4. May 19-20, 2003: Interview Semi-Finalists 5. May 26, 2003: Selection of Firm 6. May 27 – June 4, 2003: Negotiate Contract Agreement 7. June 9, 2003: City Council Resolution appointing Firm and authorizing execution of Contract Agreement IX. Affirmative Action The City of Mounds View has adopted an Affirmative Action Plan and preference shall be given to firms having adopted such a policy. The City is committed to achieving the goals of Equal Employment Opportunity and Affirmative Action and fully supports the incorporation of non-discrimination and Affirmative Action Rules and regulations in contracts. Any subcontractor to the City not complying with all applicable Equal Opportunity/Affirmative Action laws, directives and regulations of the Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes §363 will be encouraged to come into compliance or risk the loss of future contracts. Item No: 7 Meeting Date: March 3, 2003 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Acting City Administrator Item Title/Subject: Reconsideration to Discuss Proposed Sick Leave Donation Policy Introduction: At the February 10, 2003 meeting of the Mounds View City Council, staff presented a draft policy to allow for donation of accrued sick leave to other employees who have expired their own as a result of a catastrophic illness or because they have not yet accrued enough hours to cover an extended sickness or non-work related injury Attached to this report is the original report drafted by Chief Mike Sommer along with Resolution 5943, modified from the original version only by adding the proposed policy as Exhibit A. Discussion: Action on the proposed policy was tabled to allow staff and the Council time to consider all of the ramifications. In the AFSCME and LELS agreements, there is language which indicates that any provision NOT specifically established or addressed in the agreement shall be within the sole discretion of the employer to modify, establish or eliminate. True, establishing a policy to allow for the donation of sick leave among employees under the approval of the City Administrator would be considered a benefit, and it has been argued that such a benefit—if desired—should be negotiated during the bargaining process; however the current administration feels that the policy—if enacted, would benefit the City as much as it would the employees and would be viewed as a step toward more positive labor relations in Mounds View. Recommendation: Discuss the proposed policy and provide direction to staff as to the next step. _____________________________________ James Ericson Interim City Clerk/Administrator Item No: 8C Meeting Date: February 10, 2003 Type of Business: CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mike Sommer, Chief of Police Item Title/Subject: Use of Sick Leave per LELS Collective Bargaining Agreement Date of Report: February 10, 2003 Background: In December 2002 a Mounds View Police Officer was injured while off duty. The injury required surgery to the officer’s arm. The surgery was completed in January and will necessitate a recovery time in excess of the officer’s available sick leave, vacation and comp time balances. The officer has now exhausted his available leave. Article 21 of the Law Enforcement Labor Services labor agreement for the City of Mounds View states: “An employee may borrow up to thirty days of sick leave with the approval of and under conditions set out by the EMPLOYER.” Fellow officers on the Police Department would like to donate their sick leave to the injured officer’s balance to ensure the injured officer will continue to receive wages while he is recovering from surgery and unable to return to work. Discussion: This issue was discussed at the January 3, 2003 City Council work session. Currently, the city does not have a policy to regulate the administration of this procedure. Other cities and counties surveyed were found to have procedures in place allowing fellow employees to donate sick leave to fellow employees under specific circumstances. Some of these arrangements allow for the donation of sick leave to employees cross departmentally, with the rate of pay transfer adjusted accordingly. The Mounds View police officer in question has been on the department about two years, and consequently has not accumulated much leave time. The officer estimates he will require approximately 30 more days of recovery time prior to returning to duty. The City’s benefit package does not include short or long-term disability insurance for employees. A policy allowing the donation and transfer of sick leave would accomplish some degree of short and long-term disability protection for employees. Since Mounds View is a small city with relatively few employees, a policy allowing transfer of sick leave may be best suited to include all city employees rather than only the police department. Based on past history and experience, the need to utilize this policy will be rare. If used, sick leave would be transferred to the recipient at the donor’s rate of pay. The benefit for the program would be considerable for an employee suffering an illness or injury, or with an immediate family member suffering from a qualifying injury or illness, and when all leave time the affected employee had available has been depleted. Recommendation: Staff recommends the Mounds View City Council adopt the attached policy allowing for the transfer of sick leave from fellow employees wishing to donate sick leave to employees who have depleted all other available leave time, for circumstances allowing the use of sick time under Section 3.35, Paragraph “C” of the City’s Personnel Manual. Proposed Sick Leave Donation Policy per Resolution 5943: D. Sick Leave Donation Upon approval of the City Administrator, city employees may transfer sick leave to another employee who is eligible to utilize sick leave under the conditions set forth in Section 3.35, Paragraph C “USE,” when all other available leave time has been depleted, and the following conditions are met: • The proposed recipient wants to participate. • No employee will be able to receive more than thirty days of donated sick leave in a twelve-month period without the approval of the City Administrator. • Employees may only donate sick leave if the donating employee will have a remaining balance of at least forty hours of sick leave remaining after the donation. • The value of the donated sick leave will be prorated, and credited to the recipient at the donor’s rate of pay. The recipient may only receive thirty days of donated sick leave after the value of the donated sick leave has been calculated and adjusted to the recipient’s rate of pay. • If the recipient separates from city employment before using all donated sick leave, the remaining donated sick leave may not be converted to severance pay, and will be credited back to the donor. • Donation of sick leave by city employees will be completely voluntary. No city employee shall pressure or otherwise attempt to influence another city employee to donate sick leave. RESOLUTION 5943 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING DONATION OF SICK LEAVE TO COWORKERS WHEREAS, a police officer employed by the City was injured while off-duty, and the injury required surgery to the officer’s arm resulting in an extended recovery time, and; WHEREAS, the officer in question has depleted all available sick leave, vacation and comp time, and; WHEREAS, article 21 of the Law Enforcement Labor Services labor contract for the City states: “An employee may borrow up to thirty days of sick leave with the approval of and under circumstances set out by the Employer,” and; WHEREAS, the City does not have a policy in place for the administration of this procedure, and; WHEREAS, the Mounds View City Council has directed staff to develop a policy amending the personnel manual to allow for donation of sick leave to fellow employees when all other available leave time has been depleted, and; WHEREAS, the establishment of this policy would be added as paragraph “D” to section 3.35 of the personnel manual, which addresses Sick Leave. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize amendment of Section 3.35 of the Personnel Manual by adding “Section D – Donation of Sick Leave”, as presented in the attached Exhibit A. Adopted this 10th day of February, 2003. ______________________________ Jerry Linke, Mayor Attest ______________________________ Jim Ericson, Acting City Clerk/Administrator (Seal) Exhibit A. Policy: SICK LEAVE -- Section 3.35 D. Sick Leave Donation Upon approval of the City Administrator, city employees may transfer sick leave to another employee who is eligible to utilize sick leave under the conditions set forth in Section 3.35, Paragraph C “USE,” when all other available leave time has been depleted, and the following conditions are met: • The proposed recipient wants to participate. • No employee will be able to receive more than thirty days of donated sick leave in a twelve-month period without the approval of the City Administrator. • Employees may only donate sick leave if the donating employee will have a remaining balance of at least forty hours of sick leave remaining after the donation. • The value of the donated sick leave will be prorated, and credited to the recipient at the donor’s rate of pay. The recipient may only receive thirty days of donated sick leave after the value of the donated sick leave has been calculated and adjusted to the recipient’s rate of pay. • If the recipient separates from city employment before using all donated sick leave, the remaining donated sick leave may not be converted to severance pay, and will be credited back to the donor. • Donation of sick leave by city employees will be completely voluntary. No city employee shall pressure or otherwise attempt to influence another city employee to donate sick leave. Item No: 8 Meeting Date: March 3, 2003 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Acting City Administrator Item Title/Subject: Discussion Regarding Chuck Chism’s Request to Reconsider Final Compensation Introduction: Mr. Chism was employed by the Bridges Golf Course to work in the Clubhouse and to provide golf lessons from 1998 through the June of 2001. Up through the year 2000, instructors were paid 70% of the lesson fees collected with the City retaining the remaining 30%. In 2001, the compensation structure for providing lessons was called into question and ultimately found to be lacking Council authorization. Mr. Chism continued to provide lessons while the City reviewed the position. Eventually the administration, with assistance from Labor Relations, created a job description that eventually included provision of golf lessons. The position was named “Clubhouse Clerk/Apprentice Golf Instructor.” Discussion: The City Council adopted Resolution 5862 On October 10, 2002 which approved the new job description and established wages applicable to 2001. The Resolution also indicated that Mr. Chism would be compensated at Step 2 of the wage scale effective June 16, 2001. (A copy of the resolution is attached for the Council’s reference.) Mr. Chism was issued a check on October 23, 2002 which retroactively compensated Mr. Chism for hours worked from June 16th onward. Mr. Chism however contends that he was not paid for the lessons he provided from mid June through July of 2001 and has submitted documentation verifying the lessons provided. While the job description had been amended to include lessons, Mr. Chism further contends that he was not “on the clock” when he gave lessons and thus was neither paid an hourly rate or the 70% share of the lesson fees. Mr. Chism is requesting to be compensated for $1,584.75. The cost to arbitrate this matter, even if the City were to prevail, would exceed what Mr. Chism is requesting. Recommendation: Provide staff direction regarding Mr. Chism’s request. _____________________________________ James Ericson Interim City Clerk/Administrator RESOLUTION NO. 5862 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Establishing A Pay Range for the Seasonal Clubhouse Clerk/Apprentice Golf Instructor and Setting a Wage for the former Clubhouse Clerk/Apprentice Golf Instructor WHEREAS, the Mounds View City Council discontinued use of a percentage policy to compensate golf instructors for lessons; and WHEREAS, the position description for the seasonal Clubhouse Clerk/Apprentice Golf Instructor has been updated to reflect the responsibility to provide golf lessons; and WHEREAS, the City Council wishes to accept the following salary recommendation made by Labor Relations Associates: 2001 S1--$12.45 S2--$13.23 S3--$14.00 S4--$14.78 S5--$15.56 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council adopts the salary schedule listed herein effective June 16, 2001, and NOW, THEREFORE, BE IT FURTHER RESOLVED that the former seasonal Clubhouse Clerk/Apprentice Golf Instructor will be compensated at step 2 beginning June 16, 2001. Adopted this 10th day of October, 2002. ATTEST: Richard Sonterre, Mayor (SEAL) Kathleen F. Miller, City Administrator Motion by: Quick Second by: Thomas Sonterre Aye Quick Aye Stigney Aye Marty No Thomas Aye Item No: 9 Meeting Date: March 3, 2003 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Acting City Administrator Item Title/Subject: Discuss Membership Benefits of the Association of Metropolitan Municipalities (AMM) Introduction: Mayor Linke requested that this item be added to the worksession agenda for discussion. Discussion: The City discontinued its membership with AMM in 2002. It is my recollection that the action was taken not due to a dissatisfaction with the organization but rather a means to reduce budgeted expenditures. I have contacted the Association and the Council has been provided with the Association’s information at a previous meeting. The cost to the City to join AMM would be $3,943. (If you no longer have the AMM materials, let me know beforehand and I will make a photocopy for you.) Recommendation: Discuss the possibility of reestablishing a membership with the AMM. If the Council would like to re-establish its membership, I will ask Mr. Gene Ranieri, AMM’s Executive Director, if the amount can be prorated to reflect the actual number of months the City would be a member in 2003. _____________________________________ James Ericson Interim City Clerk/Administrator Item No: 10 Meeting Date: March 3, 2003 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Acting City Administrator Item Title/Subject: Discuss Options Associated with Resolution 5555 Introduction: Mayor Linke requested that this item be added to the worksession agenda for discussion. Discussion: The City Council adopted Resolution 5555 on April 9, 2001. The intent of the resolution was to reaffirm the hierarchy of communication and to reaffirm the duties and expectations of the City Administrator as spelled out in the City Charter. The City Council discussed this issue on February 3, 2003, and as a result, there was direction to place the item on the following agenda to consider rescinding the resolution. On February 10, 2003, the Council tabled Resolution 5944, a resolution rescinding Resolution 5555. Recommendation: Discuss the resolution(s) and provide direction to staff. _____________________________________ James Ericson Interim City Clerk/Administrator RESOLUTION NO. 5555 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION CONCERNING ADMINISTRATION OF CITY AFFAIRS AND REAFFIRMING RELATIONSHIP BETWEEN THE CITY COUNCIL AND THE CITY CLERK-ADMINISTRATOR WHEREAS, the City of Mounds View conducted a retreat with the City Council and City staff concerning various City of Mounds View issues; and WHEREAS, the relationship between the City Council and the City Clerk- Administrator in the City was discussed; and WHEREAS, the City Council has concluded that it is in the best interest of the City to have clearly defined supervisory responsibilities; and WHEREAS, the City Council does hereby reaffirm that all Department Directors shall be supervised directly and exclusively by the City Clerk-Administrator; and WHEREAS, the City Council desires to reaffirm the scope of duties and responsibilities of the City Clerk-Administrator pursuant to the Mounds View City Charter; and WHEREAS, the City Council desires to clarify and set forth its understanding of the administration of City affairs and the scope of duties and responsibilities of the City Clerk- Administrator for the City of Mounds View. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Mounds View, after thorough review and consideration of the City’s Charter and past practices concerning the administration of City affairs, reaffirms that the City Clerk- Administrator for the City of Mounds View, with such duties as set forth in Chapter 6 of the Mounds View City Charter, shall be the administrative officer of the City appointed by the Council to supervise the administration of the City pursuant to the City Charter and Council action. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT, the City Council of the City of Mounds View does hereby reaffirm its direction to the City Clerk-Administrator to supervise its Department Directors and direct its Department Directors to report directly to the City Clerk-Administrator in performing the day-to-day business of the City, as directed by the majority of the City Council. Res. 5555 Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED THAT, the City Council of the City of Mounds View establishes the policy that all communication between City staff and Department Directors shall be forwarded to the City Council through the City Clerk- Administrator who is acting as the chief administrative officer of the City. Such a policy reflects the procedures for the administration of City affairs as set forth in Chapter 6 of the Mounds View City Charter, as well as the intended administrative procedures desired by the City Council. NOW, THEREFORE, BE IT FINALLY RESOLVED THAT, the City Council of the City of Mounds View states that this adopted policy is a reaffirmation of the responsibilities and duties set forth in the Mounds View City Charter and the desires of the City Council, and that any policies of the City or City Code provisions in conflict with such intent of the Council, shall be reviewed and modified to reflect the resolve of the City Council. Adopted this 9th day of April, 2001. Attest: ________________________________ Richard Sonterre, Mayor (SEAL) _____________________________ Kathleen Miller, City Clerk-Administrator Motion By: Gary Quick Second By: Roger Stigney Sontere: Aye Quick: Aye Stigney: Aye Marty: Aye Thomas: Aye RESOLUTION NO. 5944 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RESCINDING RESOLUTION 5555 GOVERNING CITY ADMINISTRATOR DUTIES AND STAFF COMMUNICATION WHEREAS, the Mounds View City Council adopted Resolution 5555 on April 9, 2001; and, WHEREAS, Resolution 5555 is a resolution concerning the administration of City affairs and the relationship between the City Administrator and the City Council; and, WHEREAS, the Mayor and City Council do not agree with past interpretations of the resolution; and, WHEREAS, Resolution 5555 in part restates and references sections of the Mounds View City Charter; and, WHEREAS, the Mayor and City Council prefer to let the City Charter speak for itself and no longer feel the need for such a resolution. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Council do hereby rescind and repeal Resolution 5555 and direct that the Resolution be forever marked as such in the official City records. Adopted this 10th day of February, 2003. _____________________________ Jerry Linke, Mayor Attest: ___________________________ James Ericson, Interim City Administrator SEAL Item No: 11 Meeting Date: March 3, 2003 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Acting City Administrator Item Title/Subject: Festival in the Park Discussion Discussion: The Council indicated it wanted to discuss the Festival in the Park and asked that it be placed on the worksession agenda. Attached is a copy of the Festival Agreement I received from the City Attorney. Recommendation: Discuss the Festival and agreement and provide direction to staff, if any direction is needed. _____________________________________ James Ericson Interim City Clerk/Administrator Attachments: Festival Agreement FESTIVAL AGREEMENT THIS AGREEMENT is entered into this ______ day of ____________, 2003, by and between the City of Mounds View, a municipal corporation under the laws of Minnesota (the “City”) and Mounds View Festival, Inc., a Minnesota non-profit corporation (the “Corporation”). WHEREAS, the City is owner of City Hall, City Hall Park, community center and the Bridges Golf Course (collectively the “Park”) located within the City; and WHEREAS, the Corporation desires to sponsor and coordinate an annual community event entitled, “Mounds View Festival in the Park” (the “Festival”), to be held on _________, 2003; and WHEREAS, pursuant to Minnesota Statutes, Sections 471.15-.191 and other law, the City has the authority to operate a program of public recreation and enter into agreements with the Corporation pertaining to the conduct thereof; and WHEREAS, the City desires that the Corporation sponsor and coordinate the Festival; and WHEREAS, the City is willing to support the Festival, as set forth in this Agreement; and WHEREAS, the Corporation is willing to undertake the Festival sponsorship and support of the City in accordance with the terms and conditions of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Scope of Festival. The Corporation will sponsor and coordinate all aspects of the Festival. 2. Time and Performance. This Agreement will begin as of _______________, 2003 and will terminate as of _______________, 2003 (the "Termination Date"). 3. City Contribution. In support of the community-based Festival, the City will provide a contribution of up to $4000.00, which includes the $140.00 dollar amount to be paid by the Corporation to the City for the amusement license necessary for the Festival, with the amount of such actual monetary contribution to be reduced by the cost to the City of providing City staff assistance to the Festival. The City will provide the assistance of City staff to assist the Corporation as set forth on Exhibit A, which is incorporated herein by reference. The up to $4000.00 City contribution shall be reduced by the amount of the personnel costs paid by the City for the Festival as set forth in Exhibit A. The City will provide the assistance of City equipment to assist the Corporation as set forth on Exhibit B, which is incorporated herein by reference. The City will allow use of the Park upon the Corporation requesting and obtaining the appropriate permits from the City for the Park. The City agrees to waive the permit fee for the Park. The City will pay up to the above- referenced amount, minus the appropriate reductions, to the Corporation after the City’s payroll period following the Festival. If the Agreement should be terminated for any reason prior to the Termination Date, the Corporation will be compensated on a pro rata basis for the period of time that this Agreement was in effect. The Corporation shall pay any and all taxes due to federal, state, and local governments, and the City shall not withhold any amounts therefor. In addition, the Corporation shall be responsible for any necessary workers compensation and unemployment insurance required for the individuals performing services hereunder, and the City shall have no obligation whatsoever in this regard. 4. Independent Contractor. The Corporation is an independent contractor and neither it nor any of its volunteers, employees or agents performing services hereunder shall be an employee of the City. The Corporation shall retain control over the manner and means of the work set forth above. The Corporation understands and acknowledges that the City shall not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, workers compensation insurance, or unemployment insurance. The Corporation shall in no case have the power to bind or obligate the City in any way to any third-party. 5. Insurance. a. The Corporation shall provide comprehensive general liability insurance for bodily injury and property damage with a combined single limit of $1,000,000 per occurrence. Such comprehensive general liability insurance shall include, but not be limited to, coverage for mechanically-operated amusement devices, alcohol sales, and fireworks displays. The policies of insurance shall name the City of Mounds View as an additional insured. b. The Corporation shall provide evidence of automobile and mobile equipment insurance coverage for all motorized vehicles used in connection with work under this Agreement with a combined single limit for bodily injury and property damage of not less than $1,000,000 per occurrence. c. The Corporation shall provide Workers’ Compensation coverage in the statutory amount required for all individuals performing services under this contract such as contractors’ employees, subcontractors, independent contractors, etc. d. The Corporation shall provide Employer’s Liability insurance coverage (Part B. of the Workers’ Compensation Policy) in the amount of $100,000 bodily injury each accident, bodily injury by disease $500,000 policy limit, $100,000 bodily injury by disease each employee. e. A Certificate of Insurance showing coverage as indicated above with a carrier that is acceptable to the City of Mounds View as well as a copy of all policies of insurance shall be submitted to the City Clerk-Administrator at least 30 days prior to the Festival. The City reserves the right to reject the carrier if it is not an A+ carrier licensed to do business in the State of Minnesota. f. Nothing herein shall be construed as a waiver of any immunity or limitation on liability to which the City is entitled under law. 6. Termination. If either party fails to perform its obligations under this Agreement, the other party may terminate this Agreement by giving written notice of the intention to terminate to the other party at least thirty (30) days prior to such termination, provided, however, that if the Corporation’s failure to perform its obligations hereunder creates or constitutes, in the sole judgment of the City, a threat to the public health, safety, or welfare, the City may immediately terminate this Agreement. 7. General Terms and Conditions. a. The Corporation will provide all equipment used by the Corporation, except the City equipment as set forth in Exhibit B which is incorporated herein by reference. b. Corporation will control its own schedule of work hours as necessary to sponsor and coordinate the Festival. c. Any and all reports, and other work products, whether completed or not, that are prepared or developed by the Corporation as a part of this Agreement shall be jointly owned by the City and the Corporation and shall be made available to the City promptly at the City's request or at the termination of this Agreement. The Corporation shall provide annual financial reports including all revenues and expenditures related to the Festival for the past three years prior to execution of this Agreement and a financial report including all revenues and expenditures related to the Festival for the present year within thirty days of the date of the Festival. d. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. e. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following addresses: City: 2401 Highway 10 Mounds View, MN 55112 ATTN: Clerk-Administrator Corporation: 8120 Red Oak Court Mounds View, MN 55112-5843 ATTN: Sherry Gunn or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. f. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. g. This Agreement is made and shall be governed in all respects by the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. h. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. i. This Agreement, together with its Exhibits, which is incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by both parties hereto. 8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its governing body members, officers, agents, servants, and against and from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement or the activities undertaken pursuant to it. The provisions of this paragraph 8 shall survive termination of this Agreement. 9. The Corporation will provide the City with a comprehensive accounting and detailing of the expenditure of funds contributed by the City to the Festival and the Corporation. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first written above. CITY OF MOUNDS VIEW By: __________________________________ Its: Mayor By: __________________________________ Its: Clerk-Administrator MOUNDS VIEW FESTIVAL, INC. By: __________________________________ Its: __________________________________ By: __________________________________ Its: __________________________________ A-1 EXHIBIT A CITY STAFF ASSISTANCE ESTIMATE 1. Maintenance workers: 2 workers x 20 hrs @ approx. $32/hr $1,280.00 3 seasonal workers x 12 hrs @ approx. $10/hr $ 360.00 2. Police: 2 officers x 8 hrs @ approx. $55/hr $ 880.00 $2,520.00 EXHIBIT B CITY EQUIPMENT 1. Public Works Equipment: 550 truck 409 truck tandem trailer front end loader 104 truck Jacobsen city Honda generator 469 truck 1 ton truck post pounder L8000 dump truck hoses extension cords water shut off keys 2. Fire Dept: fire truck 3. The Bridges: Golf cart Item No: 12 Meeting Date: March 3, 2003 Type of Business: Worksession City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Acting City Administrator Item Title/Subject: Review and Discuss Issues Relating to “At Will” Employee Introduction: The Council asked to discuss this item further at a worksession. Discussion: The League of Minnesota Cities indicates the following regarding the issue of “At Will“ employees: I don’t think we would advise the City to go back to have a probationary period for employees, the reason is, a probationary period implies that after it’s over, you’re no longer an “at will” employee, you have some special protected status. And that’s why attorneys, our attorneys here, have been advising cities to remove that language from their employee handbooks. Because if your employees are not covered by a union contract or a civil service system, hopefully you have language in your employee handbook that considers them all to be—everyone--probationary, non-probationary, everyone, “at will” employees. Once you establish a probationary period, you imply that when the employee has passed that, that they have some special protections and are no longer “at will”. That’s why you take that off and just say, everybody’s “at will”, all the time, we can fire anybody, anytime, any reason. And not that the League would advise cities to do that, fire anybody anytime for any reason, but, preserving that right to do that, because in Minnesota, we still do have an “at will” employment state, helps in various kinds of lawsuits that might come up, wrongful termination, etc. Recommendation: Discuss and provide direction to staff, if any direction is determined to be necessary. _____________________________________ James Ericson Interim City Clerk/Administrator