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HomeMy WebLinkAboutAgenda Packets - 1985/02/04/ CITY OF MOUNDS VIEW PITY COUNCIL AGENDA SESSION February 4, 1985 7:00 p.m. 1. Presentation by Cable Commissioner Jerry Skelly Regarding Local Access Programming 2. Consideration of Staff Memorandum Regarding 1985 Salary Structure 3. Consideration of Staff Memorandum Regarding IRS Regulations Regarding Take Home Vehicles 4. Consideration of Staff Memorandum Regarding Resolution No. 1160 Outlining The Policy For Useage of the City Hall Community Room 5. Consideration of Staff Report On Results of On -Street Parkii:g Study (Materials will be provided Monday evening.) 6. Consideration of Staff Memorandum Regarding Municipal Code Chapters 1, 2, 4, 5 and 6 Review. 7. Consideration of Staff Memorandum Regarding Public Works Garage and Storage Facilities Study 8. Consideration of Staff Memorandum and Resolution of Commendation to Thomas J. Curley 9. Consideration of Staff Memorandum Regarding City Survey of Fees for Land Development 10. Consideration of Staff Memorandum Regarding Proposed Permit Agreement with St. Paul Water Works J L PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 28, 1985 Mounds View Hall v, 2401 Highway 10, Mounds View, CMNy55112 ------------------------------------------ The Mounds View City Council was called to order by Mayor Linke at 7:31 PM on January 28, 1985. 1. Call to Order The Pledge of Allegiance was said, 2. Pledge of Allegiance MEMBERS PRESENT: Councilmembers Quick, Blanchard, Hankner an Mayor Linke. 3. Roll Call ALSO PRESENT: City Attorney Meyers, Clerk/Admini- strator au ey and Public Works/Community Development Director Thatcher. Motion/Second: Quick/Hankner to approve the January ITS minutes 4. Approval of as presented. Minutes: 4 ayes 0 nays January 14,1985 Motion Carried Duane McCarty, 8060 Long Lake Road, reported on a hearing he had attended on January 17 5. Residents at the Lexington City Council meeting, regarding the Anoka County Airport, He Requests and Comments from asked the Council to support the same position as the City of Lexington, in the Floor opposition to the airport improvements. Mayor Links replied the Council has supported the cities of Spring Lake Park and Circle Pines who have passed resolutions in opposition to the expansion. Debbie Hennen, 2275 Groberg, presented a petition from apartment residents, requesting that the no - parking signs be removed, prohibiting parking between midnight and 6 AM, to allow the apartment residents more room to park. She stated the apartment owner is willing to move the fence back to allow more room for parking, if the restriction is lifted. Clerk/Administrator Pauley replied the Council will be discussing the parking issue at their February 11 meeting, in an informational boar!ng and recommended discussing this particular request at that time. Mounds View City Council U ` January 28, 1985 Regular Meeting :� Page Two ------------------------------------------------------------------------ Chuck Leschesky, of the St. Paul Pioneer Press and 6. Approval Dispatch, questioned why the City was establishing Consent AJW a policy regarding the release of city resident mailing lists, which he felt was withholding public information from citizens and was not legal. Motion/Second: Hankner/Blanchard to approve the consent agenda, minus Item G, and waive the reading of the resolutions. 4 ayes 0 nays Motion Carried Mayor Linke replied that they would not be withhold- ing information, as any citizen is welcome to come into City Hall and get the information they would like off the computer listings and make what copies they need and pay the appropriate fees. He explained, however, that the Council had made the decision not to make the utility billings available as they could be considered confidential. He explained the request had come from a business who wanted the City to prepare a list of mailing labels. Attorney Meyers stated that allowing access to the utility billings could be the basis of a lawsuit against the City, and the information is considered to be private, and this proposed policy falls within the data privacy act. 0 Bob Beutel, 2555 Ridge Lane, stated he found it interesting to have a representative of the St. Paul Pioneer Press and Dispatch present to bring up such an issue, when they don't normally choose to attend the Council meetings and question regular business. He asked that the coverage given the meetings be even. Motion/Second: Hankner/Quick to approve Item G of t e -consent and waive the reading. 4 ayes 0 nays Motion Carried Director Thatcher made a presentation on tha 1985 7, Informational MSA project, and reviewed the procedures which fleeting - 1.985 will be followed and outlined what could be MSA Project expected. He pointed out that some driveways are presently wider that the maximum 22' allowable and advised the Council could either require them to conform to code or allow them to remain oversized. Duane Nelson, 5459 Quincy, asked if this project would tie into any development south of County Road H2. Mounds View City Council( January 28, 1985 Regular Meeting Page Three --------------------------------------------------------------- -------- Mayor Linke replied that it would not, and there will be no exit from the industrial park onto Quincy or County Road H2. Clerk/Administrator Pauley reported that approval has been received from MOOT to install traffic lights on Highway 10 approximately 100' east of the old Launching Pad, when the need is present. No access to the north will be allowed other than a fire lane. Wayne Mortenson, 2175 Bronson, questioned where the sidewalks will be placed and expressed concern about the piled up snow killing his lilac bushes. He also expressed concern with a problem he has had with cars driving through his yard. Mayor Linke replied that the 6" curb should alleviate that problem on the Quincy side. Councilmember Hankner asked that Staff look into the problem for Mr. Mortenson. Motion/Second: Quick/Blanchard to declare the NCR cash register as surplus property and authorize Staff to sell or otherwise dispose of it. 4 ayes 0 nays Clerk/Administrator Pauley reviewed proposed Reso- lution No. 1857. Motion/Second: Hankner/Blanchard to approve Re —so ution o. 1857, authorizing participation in the Control Data Business Advisors, Inc. joint comparable worth study, and waive the reading of the resolution. 4 ayes 0 nays 8. NCR Cash Register Motion Carried 9, Consideration Resolution No. 1857 Motion Carried Clerk/Administrator Pauley reviewed Staff's recom- 10, Purchase of mendation for the purchase of micrographic equipment. Micrographic Equipment Motion/Second: Hankner/Quick to authorize the -urchas o micrographic equipment. not to exceed p$13,135.00. 4 ayes 0 nays Motion Carried / ` Mounds View City Council January 28, 1985 page Four Regular Meeting ----------------------------------- 11. Considerat!` Clerk/Administrator Pauley reviewed proposed of Resolut. ) Resolution No. 1863. No. 1863 Motion/Second: Blanchard/Hankner to approve Resolution No. 1863, approving the 1985 labor Moundsy and of the reading. ebetween Local320t,et andwaive Tareement amsters Motion Carried 4 ayes 0 nays 12. Consideration Motion/Second: Linke/Hankner to approve to Gary of Resolution et8 ution o. 1860, in appreciation No. 1860 Quick for his service on the Planning Commission, and waive the reading. Motion Carried 4 ayes 0 nays 13. Report of Director Thatcher had no report. Public Works/ Community Dvlp. Director Attorney Meyers reported no decision had been 14. Report of Attorney reached yet in the Highway 10 Radiator repair case. Councilmember Quick had no report. 15. Reports of Councilmembers Councilmember Blanchard reported the Planning informational Commission will be holding an 6. meeting on Zone 6 on February Councilmember Hankner had no report. Mayor Linke reported the volleyball tournament the whichCarnival,, had beenconjunction ePaulhold very Winter successful for the Park and Rec Department. Clerk/Administrator Pauley reported Staff will be ort of 16' Administrator attending workshops this week, to pre?are for job questionnaires for the Comparable Worth Study. Motion/Second: Quick/Blanchard to adjourn the 17, Adjournment meeting at :27 PM. Motion Call 4 ayes 0 nays Respectfully submitted, Donald F. Fauley Clerk/Administrator MEMO TO: MAYOR AND CITY COUN�'ll FROM: CLERK-ADMINTSTRAT �" DATE: JANUARY 29, 1985 SUBJECT: IRS REGHLATiONS REGARDING TAKE HOME VEHICLES The Internal Revenue Service has recently promulgated temporary regulations on how to calculate income tax liability on certain fringe benefits such as the personal use of municipal vehicles including police cruisers and other types of autos. Staff is presenting this issue to you for two reasons. The first is that at the current time Police Chief Ramacher takes home the unmarked investigators car for two reasons. The first being we currently do not have enough garage space for safe storage of our police vehicles and secondly, Chief Ramacher finds himself on an extremely frequent basis having to respond to incidents which, if he did not have a vehicle at his immediate disposal, would require that he come to the City offices and obtain a car prior to appearing at the scene which would delay his response to incidents significantly. The second reason for presenting this issue to you is the simple fact that Staff, particularly the Police Officers in the City of Mounds View, feel that these new regulations will have a significant negative impact upon the ability of various law enforcement agencies within the State of Minnesota and the Nation as a whole on their ability to provide adequate law enforcement services to the public. The reason we are saying this is that the new regulations would provide that wherever a Police Officer is entitled to take home a car, but are not permitted to use it for personal reasons, and if the situation occurs at least 15 days each year then a benefit of $4.00 per day to the employee is imputed by the IRS. Various members of the City Staff are currently aware of the fact that there are several smaller law enforcement agencies in smaller outstate cities having minimal storage facilities or such a small staff that each officer is on duty on an around -the -clock basis. This regulation would impair these cities' ability to provide adequate law enforcement. Also, as some of you may know the State Patrol allows their officers to take their patrol vehicles home rather than having them commute back and forth to central garage facilities which would inhibit their being able to provide a full eight hour shift and cost the State significantly in having to provide additional facilities. As you may note from the attachments to this memorandum, several organizations including the National League of Cities, Government Finance Officers Association, and International City Management Association are examining these new regulations with the intent of taking an official position with regard to these regulations. MAYOR AND COUNCIL JANUARY 29, 1985 PAGE TWO Staff feels strongly enough about this issue that they would suggest that the City Council authorize the preparation of a Resolution for submission to the Internal Revenue Service and our Federal Legislators indicating to them our strongest objections regarding these regulations on the basis that it would inhibit the abilty of various governmental agencies to provide adequate law enforcement: services in their jurisdictions. RECOMMENDATION: Staff would recommend Council authorization to prepare a resolution objecting to IRS regulations establishing a separate safe harbor rule for commuting vehicles under the control of State and Local Units of Government. DFP/mjs PIcVV gdx^ o g'UM-5 11 on benefits has • ^m � hA fr%*g cnrtrt impact on cities .��'aa��a�d+a ava ►jwo& v a by Laurie Micciche The Intemal Revenue Service last Wednesday held a press conference to CHANGE IN announce the promulgation of temporary CCMMUNI TY CONf?fT M regulations to give employers and em- ployees guidance on how to calculate in- come tax liability on certain fringe bene- !y fits; such as personal use of municipal "' IR vehicles —including police cruisers and other types of autus. The new rules detail various means by which to calculate the "fair market value" of taxable noncash benefits, such as the personal use by a municipal employee of+ - -- a city -owned vehicle. Under the regula lions, cities must conform to a timetable .glow.._.... ...... for withholding 20 percent of the value of - an employee s taxable non -cash benefits. .,w..- r The regulations, which are auttmtati- cally in effect from the iiioment of an- rr�rrccrment r rat be rfur> nr mrYii- +166 eesrrkw itireeCnrT4lae iie�ItBrves suroey'firr*np Wide A* tied as a result of public comment. Among the specific requirements with pgey which cities must conform aces a pro-rata 1 ne 9 Congms` L rule for company and municipal cars used - by employees, The amount of taxable �, pal program. The income attributed to an employee is di- by Frank Shafroth EI sider the reauth rectly related to the proportion of car n revenue sharing, mileage spent in personal travel. The IRS The 99th Congress started work a day ment block grants proposes a safe harbor rule whereby the before it was officially sworn in last opment action I regulations establish a "fair market Thursday as the Senate Finance Commit- municipal wastew value" for the auto in question, determine tee held hearings on the need for federal construction grant! an annual value (30% in the first year), deficit reductions. grants, and highwi and then derives the taxable income to The Finance Committee hearing tation programs. the employee by taking the percentage of marked the last day Kansas' Sen. Robert In the first sessic personal use. Dole (R) chaired the Senate tax panel again on deficits, The rules establish a separate safe har- before officially assuming his new status and economicdeve bor rule for commuting vehicles—i.e.: as Senate Majority Leader. The hearing to reduce the defi where police officers are entlded to take demonstrated that deficit reduction will rate of poverty. 11 their cruisers home, but are not permitted remain Dole's top priority, and that Dole sider whether to n any personal use. In these situations, if a will keep the tax code in mind as a means the municipal wa car is used for these commuting purposes to deal with deficits, grant program to e at least 15 days a year, then the IRS City leaders will watch this new Con- with federal envi. imputes a benefit the equivalent of $4 a gress confront virtually every key munici- day to the employee. In other words, if a city employee uses a city vehicle for com- The deductibility Of 'sl muting purposes only 200 days a year, the city should impute additional income This is the second to that employee of $4 X 200 days a by Bob Dilger the deductibility ofsi $800, The dty must then withhold 20% -- federal taxable into of that $800, or $160 in quarterly with- Depeniing on how one views the from a more length, holdings, deductibility of state and local taxes from later this year by NI The rules instruct employers to calcu- taxable federal income, it either reduces late fringe -benefit taxable income quar- federal income tax burdens or reduces terly for withholding purposes. Within 30 state and local tax burdens. half of his state and days of the end of a calendar quarter, the For example, a taxpayer in the 50 per- cutting his state an employer must withhold the flat 20 per- cent federaf marginal income tax bracket half. Similarly, taxr cent of the value of the taxable fringe with a $100,000 federal income tax ob- cent federal income benefit earned during the previous quar- ligation and a $10,000 state and local tax deductibility as a mi ter. This withholding requirement be- obligation can view deductibility as a way and local tax border comes mandatory for the second calendar to reduce his federal income tax obliga- No matter how to quarter of 1985 (June 30, 1985), so that Hon by $5,000 (50 percent of his state and ibility, either as a fee( cities must begin compliance steps as of local lax obligation). Or, a taxpayer in the or as a state and April 1, 1985 in order to insure meeting same economic circumstances can view elimination of dedu 'he June 30 withholding requirement. 0 deductibility as a federal rebate equal to more difficult for st majority of communities and would im- pose inappropriate restrictions on cities in those lew cases in which rate regula- tion is permitted," Beals said. The deadline originally set by the FCC for receipt of comments in this rulemaking proceeding was )an.14. As a result of this change in deadline by the FCC, .ities interested in responding to the FCC's Notice of Proposed Rulemaking (NPR) now have an addl• tional two weeks in which to submit comments to the FCC. The extension was granted in response to a request from the National Cable Television Association to divide the pro- ceeding into two separate proceedings (i.e., biturcate the proceeding) by taking immediate action on certain regulations See P. B, col. I drrru�r nnu an ur uvumy nuJ nn, be enough to meet the deficit reduction targets Dole has set. Dole hopes to be able to provide a list of these elimination and cut options to Senate Republicans today as pan of an effort to find an additional $25 billion worth of savings for fiscal year 19S6. Most of these proposed options are ones already in the White House cuts —in - eluding, fur instance, the elimination of operating assistance for public transpor- tation. Altogether, the options would achieve deeper cuts than necessary to reach the See p.11, col.1 NLC seeks comments on IRS 'benefit' rules National league of Cities is work- ing in conjunction with the Govern- ment Finance Officers Association and the International City Management Association to examine and interpret new Internal Revenue Service regula- tions which extend the rules on em- ployer -provided automobile reporting and withholding requirements. NI.0 also is requesting comment and concerns from city officials in re- gard to the rules which detail means by which to calculate the "fair market value" of taxable noncash benehts, such as the personal use by a munid• pal employee of a dry -owned vehicle. The working group from these orga• nieations is coordinating comments and testimony to submit to the Inter- nal Revenue Service. Temporary regulations pertaining to the new IRS rules were printed in the Federal Register on Oct. 24, 1984, and Jan. 7, 1985. ❑ MEMO TO: MAYOR AND CITY COUNCII, FROM: CLERK-ADMINISTRATU L�w DATE: JANUARY 29, 1985 SUBJECT: AMENDMENTS TO RESOI,uTION NO. 1160 OUTLINING THE POLICY FOR USAGE of THE CITY HALL COMMUNITY ROOM Attached to this memorandum please find a copy of Resolution No. 1160 adopted by the City Council on September 1980 outlining the policy for tl:e usage of the City Hall. Community Room which reflects those changes which are currently being recommended by Staff to improve our current practices and provide greater security for the facility. Essentially, the changes being proposed are the following: 1. An increase in the damage deposit being collected for the community room, kitchen and keys and a five dollar retainage from each deposit to compensate the City for regular cleaning of our carpeting. In the past the City has intermittently cleaned the carpeting in the lower level which we feel was a �— major contributing factor to the deteriorated condition of the carpeting prior to its replacement. Staff feels that we should be cleaning the carpeting at least twice per year to ensure that it has a longer life span than the carpeting that was replaced. 2. In the past the regulations regarding the return of keys to the City Hall provided that a portion of the damage deposit would be revoked if the keys were not returned on the first, business day after the use of the facility. Staff feels that the charge should be stated more specifically and recommends that it be 10 percent of the damage deposit per day for each day the keys are not returned. 3. As a further protection for the new carpeting, Staff is recommending an additional policy be added to the current list providing that no smoking will be permitted in the lower level of City Hall except for the Kitchen Area and Rest Room. We feel that these modifications to the Usage Policy will ensure greater protection for Our facilities and provide us with a means to enforce those policies. RECOMMENDATION: Staff would recommend Council authorize preparation of a resolution amending Resolution No. 1160 reflecting the changes proposed by the attached information. DF P!m j •; RL'SOLIITION NO. 1160 Cl'rY OF MOUNDS VIEW COUNTY OF ItAMSEY STATE OF MINNESOTA RESOLUTION OUTLINING THE POLICY FOR USAGE OF THE CITY HALL COMMUNITY ROOM WHEREAS, the Mounds View City Council encourages the use of the City Hall facilities under its control for local community groups and organizations that have as their objectives, social, educational, recreational and civic development; and WHEREAS, the City Hall to all Mounds View residents scheduling will permit; and facility should be available as often as the daily WHEREAS, the Mounds View City Council reserves the ves that policies right to deny the usage olifacilities activities that are not is in conflict with City consistent with the best interests of all Mounds View residents; NOW, THEREFORE, BE IT RESOLVED that the following policies shall be adopted for the use of the City Hall Community Room. The Community Room shall be available to Mounds View residents on the following priority basis: 1. All directly related City orgar. 4.7,at ions to include committees, council meetings, city commissions, and all directly controlled City organized activities. 2. Any City resident who requests usage of this facility for personal use such as family picnics, reunions, softball tournaments, etc. 3. City related businesses and organizatons for special meetings which are held on an irregular basis, e.g. McDonald's staff meetings, Bea-Rae-Ba11reem-fnmet4ems7 local church activities, and other business or related functions. The City will not issue permits for the useorgof fza- the City Hall facility for the following groups tionss A. Profit orionted mt�otings or activities Of private for profit rn•yanizations I e.g. sales 4 RESOLUTION NO. 1160 PAGE TWO B. Community groups or organizations that do not reflect the best interest of the safety, health and welfare of all Mounds View residents or any activity that should be deemed to be dangerous to ones personal safety or health as determined by the City Council. BE IT FURTHER RESOLVED that the use of City Hall facilities is contingent upon the following conditions: A. The group issued the permit will be responsible for any damage which might occur during use of the City Hall facility. B. The City Hall facility is returned to the same order in which it was found, i.e. straightening chairs and tables, litter cleaned up, etc. C. All lights and other electrical appliances should be turned off prior to leaving. D. Arrangements for the use of the City Hall facilities must be made at .least 7 working days in advance of the requested date. E. Building must be securely locked by the person who has signed for the key(s). F. At least 7 days advance permission must be obtained if the kitchen is to be used for the purpose of serving food or beverages. G. No reservations will be accepted more than 30 days in advance from organizations listed under priority grouping No. 3. H. A cleaning or damage deposit, will he required for all groups based on the following fee schedule: City Community Room - $19:99 $25.00 City Kitchen - Wree $20.00 Kos - $25.00 Five dollars of the damage deposit paid for the Community Room and/or Kitchen will be retained by the City irregardless of the condition of the rooms at the end of the rental period to sr. RESOLUTION NO. 1160 PAGE THREE. I. The City should be notified as soon as possible if any plans should change other than listed on the initial application. J. All groups other than City related functions listed under priority No. 1 must vacate the premises no later than midnight. K. Keys to the City Hall, if provided, must be returned on the first business day after use of the facility or -a-pert#ea 10 percent of the damage deposit will be revoked for that day and each day thereafter the keys are net returned. L. No smoking will be permitted in the Lower Level of City Hall except for the Kitchen Area and Rest Rooms. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Mounds View firmly believed that all City facilities belong to all residents of Mounds View and all measures will be taken to insure maximum use and protection of City facilities. Adopted this clay of February, 1985. ATTEST: rayoC- - (SEAL) Clerk -Administrator 71 rA. MEMO TO: MAYOR AND CITY COUNI'li, FROM: CLERK -ADMINISTRATOR DATN: JANUARY 31, 141h SUBJECT: MUNICIPAL COOK' CHAPTERS 1, 2, 4, 5, .AND 6 RFVIEW This is the first of many memormid ems you will hi: receiving from Staff regarding the review of chapters of the City's Municipal Code pusuant to onr .,ode review program. The procedures we will be following Boring the review will be for Staff members Lo review thoso chapters which they are individually assigned rusponsihility to and, if time permits, these recommendations will also be reviewed by the Department Read Team. Due to Ih,i time requirements we are facing on the code review proyr.iul any recommendations you receive from City Staff will nuii have been previously reviewed by the City Attorney unless specifically indicated. Copies of each of thu memorandums will be carboned to the City Attorney with a request that. he review the recommendations at the earli.ast possible date in order to ensure that no changes are made which he feels would be contrary to our best interest. The memorandums you will receive., will only indicate those sections of the specific chapLurs which Staff feels needs to be modified unless Staff is proposing a major revision to the entire chapter. Then, you will receive the entire chapter showing all deletions and additions. Should you have any questions on our recommendations or have recommendations to make yourself regarding rode revisions, please discuss them with the Staff member assigned responsi- bility for that chapter. As indicated in the introduction to this memorandum, this review covers chapters 1, 2, 4, 5, and 6. Staff recommendations with regard to uhangos or modifications to these chapters are as follows: Chapter 1 - General Provisions of the Code. Pending review by City Attorney Meyers, Staff is recommending no changes to this chapter. Chapter 2 - Council. Staff would recommmend the following changes. 1. 2.01 REGULAR h1EE"UNG_. Staff. would recoiimend t.hek in consideration of last year when Christmas and New Yuai's Eve uncured on a Monday evening and Council did not desire to schedilo a meeting for one of those datos, that the second suntonce of the section bo, revised to road as follows, MAYOR AND CITY COUNCIL JANIIARY 31, 1985 PARE TWO /- Chapter 2 (continued) 1. 2.01 (continued "If any such Monday is a legal holiday or Christmas or New Year's Eve, the meeting will be cancelled or held on another date and time as established by Council action." 2. 2.07 Subdivision 2, (1) - Abstentions - Due to controversy regarding the enforcement of this section last year, Staff would request Council direction regarding any changes you desire to have made in this section. 3. 2.09 COMPENSATION OF MAYOR AND COUNCIL. Subdivisions t and 2 should be amended to reflect changes made to the Mayor's and Council's salaries by the adoption of an ordinance last year and the opinion of City Attorney Meyers you recently received. The changes would be to increase the Mayor's salary to $3,000 per year and the Cnuncil's salary to $2,700 per year. Chapter 4 - Elections 1. 4.01 ADOPTION BY REFERENCE. Subd. 2 - 201.00 Registration and F,li�c ibility Subd. 4 - 2038.00 Absentee V_otin Subd. 5 - 200.00 Conduct of Elec Subd. 6 - 204B.00 Elections; Gene Provisions Subd. 7 - 104C.00 Election -Day Activities Subd. 8 - 200.00 Particular Electi Subd. 9 - 2oU 700 Municipal Election Subd. 10- 206.00 Voting Machines Subd. 11- 209.00 Election Contests Subd. 12-210A.00 Fair Campaign Practices Chapter 5 - Administration. No revisions are being recommended to this chapter of the code due to the fact that it complies with the City's Al Charter and the position description currently in force for the Clark -Administrator. position. MAYOR AND CITY CUIINCII. JANUARY 31, 1985 PAGE THREE Chapter 5 (continued) Any changos to be made to this chapter are dnticiI)ieurl to result Iroln tho new position dus,:ription that will be developed during the Comparable Worth Study. Chapter 6 - Personnel 1. 6.02 Scelm of CIlLiL)ter (3) Delete the referenaa to Municipal Engineer as we no Longer have a City Engineer as a Consultant but as a full time. umpioyeu. 2. 6.04 Definitions (4) - In the past there has been confusion regarding whether the definition of temporary employee also implies to our seasonal employees. To eliminate any possible confusion on this, Staff would recommend that the words "or seasonal." be added as follows, "Temporary or Seasonal Employee" means one who has been apppr,inted for full time or part time e_mL)loyment on a temporary basis for a period not to exceed 6 months." 3. 6.08 Probationary Period, Subd. 3. Performance Reports. - In considera- tion of past practices with respect to the review of performance reports, Staff would recommend that this section he revised as follows, "At tha end of the first three months of the probationary period, the employee's supervisor shall submit a written report to the eppe4nt4ng-anther4ty Clerk -Administrator on his observation of the employee's work and his judge- ment as to the employee's willingness and ability to perform his duties satisfactorily." MAYOR AND COUNCILi JANUARY 31, 1985 PAGE FOUR 4. 6.10 Grievance Polic ,(1) - Staff would recommund that the time limit for filing the next step in the grievance proresr rr:;ponding to a grievance in steps 2 through 5 be amended to 10 working days thus allowing a grievant and the City more opportunity to consider their desire to undertake the next step in the grievance process or knowledgeably respond to a grievance respectively. 5. 6.12 Doffs Staff would recommend that the last suntence of this section be amended to read, "Length of service in the same position class shall determina the order of making layoffs when alt_Zoh-relevant_qua1ification factors are etcual." This recommenda- tion is being made on the basis that it would be consistent with both of our Union contracts provisions for layoffs and would allow the City to detarmino whether or not individuals are fully qualified for the job rather than using seniority as the sole means for determining who would be layed off. 6. 6.13 Suspension. Staff would recommend that this section be entirely replaced by the following, "The Clerk Adminis- trator may suspend any employee without pay for disciplinary reasons with said suspension being affirmed by resolution of the City Council within 5 working days. Such suspensions shall not exceed 30 working days in any calendar year." This recommenda- tion is being submitted to you on the basis that circumstances might arise where the immediate suspension of an emptoyeu would be appropriate, however, the current language in this section would prohibit such suspension from ocruring without a spor.ial meeting Of the Council being called and due to the current provisions of tho npeninl Meeting Law, and City MAYOR AND COUNCIL r JANUARY 31, 1985 PAGE FIVE 6. 6.13 Sus wn:_ion. t '•nit. ) Code, t4 nour•n notice is required before a mooting of the Council can be held except under emergency coeen- tions. The proposed changhas - structured in such a way that an employee could he suspended without pay by me for a period not to exceed 5 working days thus allowing for a suspension to be ordered on a Friday with j:i•il Council meeting being cal I."1 1_1 the next Monday or Tuesday. 7.- 6.16 Rt�cht of ApL)eal - As recommended in number 4 above, Staft would recommend extending the appeal time to 10 working days thus giving the employee more opportunity to consult with individuals they would seek counsel from and to evaluate their position. 8. 6.30 Holid�Zs, Subdivision 1 - Due to the enactment in I:he 1984 Legislature of the requirement that the third Monday in January be r.,cognized as Martin Luther King Holiday and that no public business he conducted on those days I am currently surveying the City's employees to determine which of the lion -mandated holidays (Gorni Friday, Friday after Thanksgiving, or Floating Holiday) they wish to yiva up in exchange for the Martin Luther King Holiday as it is not the City's desire to increase the number of holidays currently provided by the City. 9. 6.37 Miscellaneous Requlations, Subdivision 7 - Conflict of interest. Staff feels that there is a tgpographical error at the beginning of this sentence and that the word "if." should be deleted and the word "it" capitalized. SUhdivision 14 - political Activity. Due to the ondorsoment of a legislative candidate by ntwnhers of the City's Police Department during this last election with these individuals endorsing them as MAYOR AND COUNCIL JANUARY 31, 1985 PAGE SIX 9. 6.37 Political Activit . (Cont.) employees of. the City of Mounds View, I fLel that it. is nrr::;:;rtry should the City Attorney determine that it is legally possible, that. our .!mployeas be prohibited from endorsing a candidate for elective office while representing themselves as an employee of the City to ensure that our residents do not feel the City is specifically endorsing any one candidate. Staff would recommend the addition of the following to this subdivision. (5) No a -ee shall endorse a candi- and re resent himself as an em)lay-.,o of the. Cja.-�J statement nr L! _turo in that_endorsenumt. 1 10.- 6.38 salary Administration_-Performanco Review Program - AmLntimrnls will be proposild for this section in the future as the Salary Adminitration-Performance Review Program of the City will be replaced by the program resulting from the Comparable Worth Study. DFP/mjs MEMO To: MAYOR AND CITY ('01"' I FROM: CLERK-ADMINISTRATO�R- DATE: JANUARY 30, 1985 SUBJECT: PUBLIC WORKS GARAGE AND STORAGE FACILITIES STUDY Since the time I started with the City of Mounds View in September of 1980 and prior to that time, City Councils have on an infrequent basis and usually at budget time discussed the need for additional storage and garage facilities for our Public Works Department. At one time the City had a sum of money set aside for this project. This money was transferred to our Sewer Fund to provide for a contingency account for emergency repairs and was used within less than one year of the transfer to fund the cost of the Quincy Street sewer main break which resulted in our abandoning the sewer lift station on Quincy Street north of Hillview and directly connecting one of our force mains into the MWCC force main. In a recent conversation with Councilmembers Quick and Blanchard, the need for the improvement and/or expansion of our Public Works garage and storage facilities was discussed. I indicated at that time the I felt that, although Staff would be able to undertake some portions of an evaluation of our facilties needs, there would come a time when we would be unable to provide knowledgeable input due to our lack of knowledge in the field of architecture. Also, Staff has over the past several years been attempting to undertake this project but due to its low priority it has never been started. It was my recommendation during this discussion that the City consider hiring a student from the University of Minnesota's School of Architecture or make arrangements for a class project which would essentially perform a facilities study including an evaluation of our current facilities, an identification of the shortfalls in those facilities, an evaluation of sites available in the City for additional facilities and/or expansion of current facilities, and preparation of very general site plans which would help us in the next step in the decision -making process, Namely a decision by the City Council to move forward with some type of a project and determining whether or not it would be funded with already available municipal funds or a bond issue. I have had conversations with a representative of the University of Minnesota's School of Architecture and been advised that at the present Llinr they do not have classes undertake any projects, however, they do have both graduate and undergraduate students who do free-lance work for MAYOR AND CITY COUNCIL JANUARY 30, 1985 PAGE TWO various private and public organizations at a rate from $5 to $15 per hour depending upon the student's qualifications and the ability of the organization and student to reach an agreement. We would obtain one of these students by sending a letter to the School of Architecture outlining our project and expectations. Should Council be interested in having such a study done by a student in the School of Architecture, I would ask your direction as to the total dollars you would expect to expend for such a study and any expectations you might have from such study that I have not already listed. REQUEST FOR COUNCIL DIRECTION - Staff would request Council direction as to whether or not the City would contract with a student of the University of Minnesota School of Architec- ture to perform a facilities study as outlined above and the total dollars the Council would desire to expend on such a project. DFP/mjs Ia MEMO TO: MAYOR AND CITY COUNT. I. FROM: CLERK-ADMINISTRAT DATE: JANUARY 31, 1985 SUBJECT: RESOLUTION OF COMMENDATION TO THOMAS .1. CURLEY, NORTH SUBURBAN CABLE; COMMUNICATIONS COMMISSION CHAIRMAN Attached to this memorandum ploase find a letter. to Mayor Jerry Linke from Tom Creighton, Attorney to the North Suburban Cable Commission indicating that on February 7 the Commission will be honoring Tom Curley, outgoing and founding chairman of the North Suburban Cable Communications Commission. Mayor Linke has requested that I prepare a resolution of commendation for your consideration. You might note that the presentation of letters and resolutions of commendation will be made to Mr. Curley on February 7 and since a council meeting will not occur before that date you might wish to call the Agenda Session to order in order to adopt this resolution or an amended form of this resolu- tion. DFP/mjS RESOLUTION NO. 1864 C[TY OF MOUNDS VIEW COUNTY OF RAMSEY STATE. OF MINNESOTA RESOLUTION OF COMMENDAT10N TO THOMAS J. CORLEY WHEREAS, Thomas J. Curley is known as a pioneer in the field of Municipal Cable Television in the State of Minnesota and in particular tho 10 northern suburbs of Ramsey County which make up the North Suburban Cable Communications Commission; and WHEREAS, as a result of his foresight and insight into the field of cable communications, Mr. Curley was one of the original founders of the North Suburban Cable Communications Commission and co-founder of the Minnesota Association of Cable Television Administrators; and WHEREAS, since the summer. of 1980 Mr. Curley has served as the first chairman of the North Suburban Cable Communications Commission providing the steadfast leader- ship needed through the initial years of organizing and implementing a cable television franchise in the north suburban Ramsey County communities; and WHEREAS, the City of Mounds View has benefited from Mr. Curley's dedicated service and effective leadership; and WHEREAS, it is the desire of the City of Mounds View to recognize Mr. Curley for his unselfish work as a dedicated public servant. NOW, THEREFORE, HE, IT RESOLVED that the City Council of the City of Mounds View on behalf of the residents of the City of Mounds View offers its heartfelt appreciation and commends Mr. Curley for his dedication and unflagging efforts during the last six years in promoting tele- communications in the north suburban Ramsey County munici- palities now making up the North Suburban Cable Communications Commission in the State of Minnesota. Adopted this of February, 1985. ATTEST: Mayor �TeYYy finke---' --CCunCilmembar Blanchard 'Councilmember Nankner � Counc�lmembe'r puick I Clerk-Ariniiiiinir:iCnr Paul'ay 01CONNOR & HANNAN ATTORNEYS AT LAW 0000 1U5 TOWER BO SOUIII EIGMrH STREET MINNEAPOLIS, MINNESOTA 55402-2254 (6121 J41 - 3000 TCLCX :0.0504 TCLCCOPIEN me 341•3000(2551 THOMAS D. CREIGHTON DIRECT DIAL NUMBER (elt) 343-12De January 25, 1985 Mr. Jerry Linke City Hall 2401 Highway No. 10 Mounds View, MN 55112 Dear Mr. Linke: Lmrt .00 1.,. rINNI,I VIN IN Nv{MYI,x x u.xlxO wx,OC 10o..W0 Not..., 1mu IUNt .100 0.9 uxnf0 ux. IWI. I100 IINCOL. .1.191 CLNYL11.101CPt00 0010J 0011930 N00 on February 7, 1985, a municipal pioneer in the cable television franchising process in the State of Minnesota, Thomas J. Curley, Roseville, will relinquish the Chair of the North Suburban Cable Communications Commission. The Commission wishes to honor Mr. Curley for his accomplish- ments by presentation of a volume of letters from individ- uals such as yourself commending him for his dedication and work for the last six years in promoting telecommunicot�q, efforts in the State of Minnesot.oi" Wcr would deeply"appre- °cfate'-itnif-'yoa could, in whatever form you chose, prepare a letter to Mr. Curley congratulating him on his remarkable achievements. In 1979, Mr. Curley, a Veteran of over 20 years on the Roseville City Council, volunteered to Chair the Rosey lie ,.Citiapn't.Adv_isory Committee in cabl__�� PmmYnicat�- Although all cable•companies contao Eed infof'med the City of Roseville that they would be willing to build a cable com- munications system for the city by itself, Mr. Curley en- visioned the need cor developing a telecommunications system. (that gppld connect all of Roseville's neighbors in an. effort Mr. Jerry Linke January 25, 1985 Page 2 ,I to meet all of ,their telecommunications needs for the -fore - ..Seeable fu�4Ly After careful investigation of Municipal boundaries, particularly considering school district boundaries, Mr. Curley called a meeting of all ten cities to investigate the development of a telecommunications system for the North Suburban area. Never in the history of the ten cities had all ten Municipal governing bodies worked together in such an effort. The City of Roseville incurred the expense of developing the first legal document to create a joint powers commission of all ten city governments. Mr. Curley personally promoted the concept among his neighboring cities, and after two cities delayed in their participation, he personally appeared before their city councils to request their participation. In the summer of 1980, the North SUb urban Cable Communications Commission was formed vjk1L:%{ .Curley ds .i_�;rsk..Chair. After years of meeting at least monthly, if not more, and constant work by Mr. Curley during those months on behalf of the North Suburban Commission, the North Suburban Cable Communications Commission developed a cable communications system which ranks in technical sophistication among the top five percent in the nation. Throughout the tumultuous years of the development of such,_a, system, Mr. Curley's leadership was steadfast and fair w ' the needs of all ten municipalities were considered and .fairly met by the North Suburban C&b1 ^.mu& aUQ2&o- mtp4ioR UAde018 .3R44ersbip. It is estimated that Mr. Curley has donated well over 1,000 hours in furtherance of this project. It is important to note that not one penny of tax dollars has been spent on the development of the North Sub- urban Cable Communications System, and the North Suburban Cable Communications Commission is the most financially sound cable commission in the State of Minnesota. Realizing that telecommunications was more than a ten - city effort, Mr. Curley co-founded and was the first. Chair of the MinnepaU Association of Cable Television Am� tgrs JK4C )o. MACTA is a membership organiiation oE municipalities administering cable communications franchises in the State of Minnesota. It is the largest such organiza- tion in the nation meeting the needs of municipalities dealing with the numerous issues facing such municipalities in telecommunications. Although numerous such dedicated public servants no doubt exist throughout the nation, the North Suburban Cable Communications Commission is extremely proud to have had as I Mr. Jerry Linke January 25, 1985 Page 3 its leader a man with the dedication and vision of Thomas Curley. We would sincerely appreciate your acknowledging Mr. Curley by a letter which we could include in the book we will present to him on February 7, 1985. This award cere- mony will be a surprise to Mr. Curley, therefore we would request that you address your letter to him in care of: Thomas J. Curley North Suburban Cable Communications Commission 2077 West Larpenteur Falcon Heights, Minnesota 55113 However, we would request that your letter be sent to: Thomas D. Creighton O'Connor & Hannan 3800 IDS Tower 80 South Eighth Street �. Minneapolis, Minnesota 55402 t (612) 343-1298 Please contact me if you should have any questions. Thank you for your cooperation in this effort to honor in some small way Mr. Curley's efforts. Sincerel Thomas D. Creight TDC:jg 7ti MEMO TO: Clerk -Administrator and City Council FROM: Director of Public Works/Community Development /•�� DATE: January 31, 1985 �1 SUBJECT: SURVEY OF VARIOUS CHARGES FOR LAND DEVELOPMENT Attached please find a survey conducted by the City of Mounds View of various charges for land development for 8 cities located in the Metropolitan Area (including the City of Mounds View). Also attached are two surveys which were con- ducted by the League of Minnesota Municipalities regarding Park Dedication fees and Water Availability Charges. If you have any questions, please contact me at my office. /bc Attachments CITY SURVEY OF VARIOUS CHARGES FOR LAND DEVELOPMENT JANUARY 31, 1985 CITY POPLUATION PARK FUND DEDICATION FEE WATER AVAILABILITY CHARGE (W.A.C.) TAX EXEMPT INDUSTRIAL DEVELOPMENT BOND OR LOAN FEES STORH WATER MANAGEMENT FEES MOUNDS VIEW 12,800 10% of the value of the $200 per residential 1% of principal amount Per land or 10% of the land connection or $1,600 to $1 million, 1/2% Ordinance when subdivided per acre for industrial above $1 million zoned land COON RAPIDS 30,500 5% of the value of the None 2/10 of 1% for the None land or $153 per single first 2-1/2 million, family residential 1/10 of 1% for 2-1/2 to 10 million LINO LAKES 3,692 10% of the value of the None None land SPRING LAKE PARK 6,400 $200 per residential lot $500 per connection None FRIDLEY 29,000 $1,500 per lot (platted), None None $750 per lot split, or $0.23 per square foot for commercial zoned land NEW BRIGHTON 19,500 None None $250 non-refundable None filing fee and $2,500 deposit kNOKA 14,800 10% of the value of the None None land (higher density 10-13x) or 5% for commercial/industrial zoned land IASTINGS 12,200 $300 per single family, $300 per connection None $100 per bedroom for multiple family, or 8% of the value of the land Ld for commercial zoned land - --- --L---- CITY SURVEY OF VARIOUS CHARGES FOR LAND DEVELOPMENT JANUARY 31, 1985 PARK DEDICATION FEES FROM LEAGUE OF MINNESOTA MUNICIPALITIES DATE OF ORDINANCE CITY ORDINANCE 'ZONING (PARK DEDICATION FEE) Andover 1981 Blaine 1978 Inver Grove Hgts. 1983 Little Canada 1982 Shoreview 1984 Vadnais Hgts. 1982 R-1, R-2 R-3, R-4 Business & Industrial Residential Commercial 10% $300/lot or 10% of land 5% 88 10% CITY SURVEY OF VARIOUS CHARGES FOR LAND DEVELOPMENT JANUARY 31, 1985 WATER AVAILABILITY CHARGES (W.A.C.) FROM LEAGUE OF MINNESOTA MUNICIPALITIES DATE OF ORDINANCE CITY ORDINANCE 'ZONING (W.A.C.) Oakdale 1974 Residential $200/unit Business & $200/100,000 gallons Industrial per year Mendota Heights 1977 Residential $200/unit Multifamily 80% of residential (no mention of indus- trial charges) /4 1^ MEMO TO: Clerk -Administrator and City Council FROM: Director of Public Works/Community Development DATE: January 31, 1985 SUBJECT: M.S.A. STREET PROJECT 19115 PROPOSED PERMIT AGREEMENT WITH THE CITY of ST. PAUL BOARD OF WATER COMMISSIONERS Attached please find a letter from Allen J. Coulter from the Board of Water Commissioners dated November 15, 1984 and the subject agreement. The agreement basically says that. the St. Paul Waterworks gives the City of Mounds View permission to make minor improvements to County Road I in the St. Paul Waterworks right-of-way (Exhibit A is a map illustrating proposed construction encroachment). Under this agreement the City agrees to pay fur the reconstruction of the shaded area of the road (please refer to map) if St. Paul Waterworks needs to excavate the watermain for repairs. Attorney Meyers has reviewed this agreement and indicated that it is acceptable. Normally, the St. Paul Waterworks will not allow construction prior to approval of this agreement. However, since the work was minor in nature they gave verbal approval and stated that they would follow up with the paperwork. RECOMMENDATION: I recommend approval of the proposed permit agreement between the City of Mounds View and the Board of Water Commissioners. SWT/bc Attachments CITY OF SAINT PAUL, MINNESOTA THOMASD.MOGREN BOARD OF WATER COMMISSIONERS BEflNIEq.BULLEgr General Monagar CHRIS NICOSIA, PRESIDENT SoPI aWarWD,sinbUIW DEBORAH Y. BACHRACH, VICE PRESIDENT VERNE E. JACOBSEN RAYMOND E. LAI E"N HUGO MASANZ ROGERA.MO� AsWstanl General Manager Water PraauceOn , JONN DREW MISSISSIPPI RIVER LANES TREATMENT PUMPING DISTRIBUTION November 15, 1984 Mr. Steve Thatcher Director of Public Works City of Moundsview 2401 Highway 10 Moundsview, Minnesota 55112 Dear Mr. Thatcher: Attached are three revised copies of the proposed permit agreement between the City of Moundsview and the Board of Water Commissioners. Please replace all pages in the "blue back" binders now in your posession excepting exhibit „Alt Call me at 292-6583 if there are any questions. Very truly yours, LL. Allen J. utter Unit Supervisor, Engineering AJC/tew Attachments - three permit agreements r� ITH FLOOR CITY HALL ANNEX • ST. PAUL. MINNESOTA 55ID2 0 PER1111 AGREEMENT THIS AGREEMENT, Made and entered into this `_ day of 1984, by and between the BOARD OF WATER COMMISSIONERS of the CITY OF SAINT PAUL, MINNESOTA, hereinafter called "Board" and the CITY OF MOUNDSVIE'd, MINNESOTA, hereinafter called "Moundsview", WITNESSETH: WHEREAS, The Board has heretofore acquired and now is possessed of title to rights -of -way in the Southeast one -quarter of Section 6, Township 30 North, Range 23 West, Moundsview, Minnesota, and hereinafter called "Premises", and WHEREAS, Moundsview desires permission co enter upon certain portions of said premises to construct and widen the roadway of County Road "I", said construction to take place within over and across the Premises, and i ' WucRFAS; The Board is willing to grant said permission to Moundsview consistent with the requirements and safety of the works of the Board. NOW, THEREFORE, BE IT AGREED, In consideration of the mutual promises and agreements of the parties hereto, that: 1. Wherever the word Moundsview appears herein, it shall mean and include said Moundsview, also Moundsview's officers, employees, engineers, agents and contractors; and wherever the word Board appears herein it shall mean and include the Board of Water commissioners and the officers, employees and agents of said Board; and wherever the words City of Saint Paul or word or words of similar import appear herein the same shall be deemed to mean and include the City of Saint Paul and its officers, employees, agents and contractors. 2. The Board hereby grants to Moundsview the right to construct and widen the roadway of County Road "I" within, over and across the Premises and as shown on attached Exhibit "A", all construction to be in/' accordance with plans and. specifications approved by and filed 'nith the City of roundsview, which plans and specifications are hereoy approved by the Board and by reference are incorporated herein the same as if set forth herein verbatim. 3. It is understood and hereby agreed by and between the parties hereto that any plans or data supplied by the Board or its engineer in respect of but not necessarily limited to works of the Board or of others located within or adjacent to said Premises are approximations only and that the Board explicitly does not guarantee any said plans or data to be either complete or correct. 4. Moundsview shall locate any and all adjacent existing Board property line monuments prior to any construction and Moundsview shall be r responsible for the protection of said monuments during construction, and if moved shall be responsible for the reestablishment of said monuments as soon as possible after completion of construction. 5. Moundsview will notify the Board 48 hours before construction work is to begin; and Moundsview shall provide and assign a competent, experienced engineer or qualified other inspector not an employee of the contractor, who shall be at the site at the time of the installation of said public works or portior thereof located within said Premises, to ensure compliance with 11oundsview's approved directions and pertinent provisions of this agreement with respect thereto; and no said installation of said public works shall be commenced or carried on except in the presence of such engineer or inspector at the site of the work; and, 1 - 2 - 0 The Board shall have the uption and authority of also assigning its I inspector or inspectors to the site at any time or times and for suer, periods of the tire as the Board or its engineer deers this necessary or expedient for Elie safety and protection of employees or works of the Board or of other perscns or property whomsoever or whatsoever because of any condition arising out of said public works or from acts or operations of Moundsview or Moundsview's contractor in the construction operations in respect of said public works or portion thereof located within said Premises. 6. This permit cannot be transferred or assigned by Moundsview except with written permission of the Board. However, it is understood by the parties hereto that grading and paving of County Road "I" by Moundsview is to be completed under an agreement between Moundsview and the County of Ramsey, said agreement stipulating that Moundsview shall turn over this section of County Road "I" to the County of Ramsey upon completion by hioundsview's contractor. A copy of said executed agreement shall be provided to the Board. 7. Moundsview shall restore said Premises by grading and paving County Road "I" to a condition equal to or exceeding that which existed prior to construction. 8. Moundsview shA l maintain Board's Premisies in good condition and keep same free from litter or other objectionable matter during the construction period. 9. The use of explosives of any kind or for any purpose whatsoever within said Premises, including ammunition in hand-held impact -driven type tools, is expressly prohibited. 3- 0 16. hioundsview shall neither make any excavations nor alter any works or improvenents within the Premises nor install .any improve;;ants therewithin other than as elsewhere herein provided, except with and according to the Board's written consent therein. 11. hioundsview shall plant no trees within the Premises, and the Board reserves the right to remove planted trees or existing trees within the Premises. 12. The Board reserves to itself the right to install additional works within the Premises and to continue maintenance of existing works. Should it be necessary that the works authorized by this agreement be removed as a result of the Board's operations, all replacement•or modification costs will be borne by Moundsview until roadway grading and paving within the Premises have been accepted by the County of Ramsey according to terms of the Moundsview - County of Ramsey, agreement. Thereafter, should it be necessary that the works authorized by this agreement to removed as a result of the Board's operations, all replacement or modification costs will be borne by the County of Ramsey in accordance with terms and conditions of that certain agreement oy and between the Board and the County of Ramsey dated the sixth day of June, 1966. 13. Moundsview shall not damage or obstruct or cause any interference or unnecessarily otherwise damage said Premises or any improvements or viorks of the Board or others located therewithin, thereupon or thereunder and Moundsview shall pay for or otherwise make good to the satisfaction of the Board any damage caused to said Premises or to any improvement or works of the Board by Moundsview and that any repair or -4- r replacement of works of the Board which might be damaged, destroyed or 1 rendered unsuited to the purpose thereof by any reason arising out of acts of Moundsviewv shall be accomplished by the Board with its or.n forces or by its contractor, as the Board may elect, and by use of materials furnished by the Board or its contractor as hereinafter provided, all at the cost and expense of Moundsview. 14. Moundsview shall forever indemnify and save harmless, protect and defend the City of Saint Paul and the Board, their employees and agents, from any or all liability, suits or demands, including the legal defense costs thereof, for bodily injuries (including death) or property damages, including loss of use, arising out of the construction, maintenance, repair or existence of the driveway authorized by this permit. This provision shall not however apply where such bodily injury or property damage is caused by the sole. negligence of the City of Saint Paul or the Board, its agents or employees. 15. Insurance: Moundsview's contractor shall take out and maintain during the construction period comprehensive public liability (including auto- mobile) insurance for and in behalf of itself, the City of Saint Paul and the Board of Water Commissioners as joint insured, which will protect the City, the Board and Permittee from claims for damages and bodily injuries, including death, as well as from claims for property damage which may arise from operations, incidental to the contract, including coverage for damage to structures or underground facilities of any kind, including facilities of the Board, whether such - 5 - operations be oy hloundsview's contractor or subcontractor or by anyone.) directly employed by either of them. Such insurance shall also include contraccural liability coverage. The minimum amounts of such public liability insurance shall be as follows: Bodily injury insurance (including death) in an amount of net less than $250,000.00 for all damages arising out of bodily injuries to or death of one person, and subject to the same limit for each person in a total of not less than $500,000.00 on account of any one occurrence. Property damage insurance in an amount of not less than $15o,000.00 for all damages to or destruction of property in any one occurrence, and subject to that limit per occurrence; further subject to a total of not less than $200,000.00 for all damages to or destruction of property during the policy period. Moundsview's contractor shall take out and maintain workmen's compensation insurance providing at least statutory limits as provided by the laws of Minnesota. Said above described insurance shall include the provision they cannot be altered or cancelled except on thirty days' written notice to the Board, and such insurance shall meet with the approval of the City Attorney of the City of Saint Paul. Acceptable written proof of said insurance shall be delivered to the Board well in advance of the time contemplated for commencing any operation pursuant to this agreement and no said operations shall be commenced, carried on, continued, or permitted except after the Board has given Moundsview's contractor its written approval of said insurance, and said insurance thus approved is in force and effect. J - 6 - IN ',,ITNESS WHEREOF, The parties hereto have executed these presents in triplicate the day and year first above written. CITY OF MOUNDSVIEW Duane McCarty, F�o� on au ey, nlerk-A mini strator STATE OF MINNESOTA)) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of Minnesota. , 1984 by Mayor and , Clerk -Administrator of the City of Moundsview, Notary Public my commission expires uOARD OF WATER COMMISSIONERS OF THE APPROVED: CITY Of SAINT PAUL, MINNESOTA �Ptol2grerf, 1+��•� i BY Thomas uenerI Manager Chris Flicosia, Press ent Approved as to Form: STATE OF MINNESOTA) ) SS COUNTY OF RAMSEY ) BY _ erne aco s�en�ecretary COUNTERSIGNED: Peter ,ames Director Finance and Management Services On this day of , 19 , before me, a notary public in /� and for said ounty, appear— and , to 1 me personally known, who being y me u y sword;7id say tTat L e�7Ne President and Secretary, respectively, of the Board of Water Commissioners of the City of Saint Paul and that the seal affixed to the aforesaid instrument is the seal of the Board of Water Commissioners of the City of Saint Paul, and that the said and acknowledged said instrument to be the fee act a-n-d deed u e oar of Water Commissioners of the City of Saint Paul. Votary u sic, amsey ounty�l nnesota STATE OF MINNESOTA) ) SS COUNTY Or RANSEY ) On this day of _ 19 , before me personally appeared Peter Hames, to me personally —known, ; o being by me duly sworn, did say that he is the Director of finance and Management Services of the City of Saint Paul. to a'ry p-uElie;Tamsey ounty—l-6innescta I My Convnission expires .a - • e0 SAW CUT BITUMINOUS C 0 MATCH EXISTING GRADE 1 0 Proposed construction encroachment , 0 n BOARD OF WATER COMMISSIONERS 0 'm C ~ �(D $ 2W G� T \ Co. za \IQ(�\ mti Wa `. PEDESTRIAN CURB RAMP 4 CURVE DATA a34-00 0=7°00' T-250.24 La485.71 R=818.51 C=47B.62 TYPICAL - SECTION COUNTY ROAD 01' 0421 TO 10405 IROT TO SCALE) E PROPOSED 5"' CONCRETE SIOER'ALK Ati r 0y. \ 4 •• \ \ RIP RAP 44 .\ S CEI ` �\ R=15' 12 Q" \\ �x PEDESTRIAN CURB RAMP ,�{ 1) c 1 (ok"' PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 14, 1985 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 -----------••----------------------------------------------------------- The Mounds View City Council was called to order 1. Call to Order by Mayor Linke at 7:30 PM on January 14, 1985. The Pledge of Allegiance was said. 2. Pledge of Allegiance MEMBERS PRESENT: Councilmembers Quick, Blanchard 3. Roll Call and Hankner, and Mayor Linke. ALSO PRESENT: Attorney Karney, Clerk/Administrator au e_y andTublic Works/Community Development Director Thatcher. Motion/Second: Blanchard/Hankner to approve the 4. Approval of Dece-mTer 1T, 1984 minutes as presented. Minutes: December 17, 4 ayes 0 nays 1984 and January 2, 1985 Motion Carried Motion/Second: Hankner/Quick to approve the January 2, j965 minutes as presented. 4 ayes 0 nays Motion Carried Barb Haake, 3024 County Road I, asked the status 5. Residents Re - of the City's lawsuit regarding the Anoka County quests and Airport expansion, and what had occurred in the Comments from executive session held earlier. the Floor Mayor Linke replied that the case is in litigation and upon the advise of the City Attorney, they are not making public their strategy for proceeding with the lawsuit. Motion/Second: Hankner/Blanchard to approve the 6. Approval of consenagenda as presented. Consent Agenda 4 ayes 0 nays Motion Carried Mounds View City Council January 14, 1985 Regular Meeting Page Two ------------------------------------------------------------------------ Director Thatcher reported there is a piece of 8. Report of property located south of County Road I and east Public Work of. Quincy, behind the Pinewood School, which has Community been forfeited for taxes, and Staff would recommend Development the City obtain it, at no cost, and keep it for Director public purposes. Motion/Second: Hankner/Quick to accept property i6�59=66$b�040-01 at no expense to the City, for public. use. 4 ayes 0 nays Motion Carried Attorney Karney had no report. 9. Report of Attorney Councilmember Quick had no report. 10. Reports of Councilmembers Councilmember Blanchard asked Staff to review the City's laws regarding the use of three wheel vehicles within the City, and recommended they compare it with New Brighton's, for compatibility. Councilmember Hankner reported the Festivities Commission would be meeting on January 15 at 7 PM to begin discussing plans for the Festival in the Park, which is scheduled for July 14. Councilmember Hankner asked the status of a study the Council had asked for, on the impact of Chapter 40 requirements to the City. Director Thatcher replied he would be ready to give a verbal report to the Council at the next agenda session. 14ayor Links asked for Council approval on his recommendations for appointments to commissions in the City. Motion/Second: Linke/Quick to reappoint Peg Mountin and Josey Warren to the Planning Commission, with Mrs. Mountin to be chairman, and reappoint Wayne Burmeister and Cindy Wermager to the Parks and Rec Commission, and Lowell Uber to the Police Civil Service Commission, and Robert Beutel and Russell Warren to the Energy Commission, and advertise for the vacancy on the Planning Commission, and two vacancies on the Festivities Commission, �� to fill the spots of Pat Coffey and Lisa Wester- hausen, who do not wish to be reappointed. 4 ayes 0 nays Motion Carried h Mounds View City Council January 14, 1985 Regular Meeting Page Three ------------------------------------------------------------------------ Mayor Links reported the City had been asked to supply a resident of the City with a mailing list of residents, and mailing labels, and recommended Staff not supply this until a policy statement is obtained from both Staff and the City Attorney. Clerk/Administrator P,auley had no report. 11. Report of Administrator Councilmember Blanchard reported the Mounds View Lions Club would be making a presentation to the Police Department at their February meeting, of a recesitator and two first aid kits. Police Chief Ramacher expressed the appreciation of the Police Department for the new and very valuable equipment donated by the Lions. Motion/Second: Hankner/Quick to adjourn the meeting 12. Adjournment at M. 4 ayes 0 nays Motion Carried Respgctfully submitted, Donald' F. Pau Clerk/Adminis